POLICE CHIEFS FACE COMMISSION ON THEIR DEFENCE

NZ Truth, Issue 1213, 28 February 1929, Page 7

POLICE CHIEFS FACE COMMISSION ON THEIR DEFENCE

liiiiiiiiiiiiimiiiiiiMiiiiiiiiiiiiiiiiiiiiiiiiiiimiiiiiiiniiiiiiiiiiiiiiiiiniiiiiiiiiimiiiiii; THE small auxiliary Court room was crowded with counsel and police when the proceedings commenced. ■ Heavy nies of police documents covered the tables. These same files had kept a host of constables engaged m copying for several days. Commissioner W. B. Mcllveney was present, and counsel representing the various officers were as follows: — Superintendent Wohlmann, Mr. Noel Johnson, of Hamilton; Chief -detective Hammond, Mr. Allan Moody; Inepeotor Hollis, Mollveney and Eccles, jMr. A. H. Johnstone; Sergeant Xiambert, of Otahuhu, Constables Col<Vmß (now of St. Heliers), Pollard, JfeiW, and Maloney, Mr. •L. P. Leary, yblle Mr. A. E. Currie, of the Crown %o.vr Offloe, Wellington, had been apjpointed to. lead the evidence for the Messrs. Northoroft, Lusk, and Fawaett, who were engaged to watoh the Bayly family interests •t the Coroner's enquiry recently, were also present. . Haying said that he was there to listen to anything which might be said as t<j manner •of procedure, Mr. Page Invited Mr. Currie to' detail the scope Of the enquiry. Considerable time was devoted by Jlr. Currie tx> outlining the order of reference, and the scope of the proceedings. Extensive Powers Under the signature of the Govern-or-General, the Commission was appointed to "inquire into. and report upon the' " 'police, as follows: (a) The efficiency of the discharge of their duties by and (b), the conduct of all or any of the members of the police force of New Zealand m relation to the enquiries made, and the steps taken by them, or any. of them, concerning, or subsequent upon, the disappearance and death of Elsie Walker, late of Papamoa, deceased, and to enquire into find' report upon the question whether it is necessary, or advisable, that any rules, or, instructions : should be laid down, for guidance o£ members of the police force' touching the steps to be taken, and the enquiries to be made, upon similaV occasions m the future. . Further, the commission "is empowered to call and examine on oath, or otherwise, such persons as it may think capable of affording information, and to call for and examine all books, papers, writing, documents or records as it may .deem likely, to afford it the fullest information on these matters." The suggestion of Mr. Page was that Jt would probably be more convenient if Mr. Currie marshalled the evidence and -led it; later, the various counsel would call .such evidence as they \ might wish. •

Witnesses Remain

This was generally acceded to. by 4fc« various" lawyers present. On behalf* of Constable Collins, Mr. teary said that there was some quesfion aato Whether his client had actJd wisely. He had been the first officer of th« police to flee the body. Mr. Pag» could' only judge by seeSjf the plaoe before hearing the cvi- «&««. eald Mr. Leary. To thla Mr. page replied' that he ■qroulfi flret hear Mr, Currie'a opening, fend he intended to view the places, fend probably the district whence the jfiri came, before the enquiry conclud«i. ' • , As there would be a conflict of evldenoe on one point, so far as he could ccc, said Mr. Currie, and he would have to ask for certain explanations, for that reason it would perhaps be •better if all' witnesses ..were ordered l to leave the Courtroom. > This procedure would be the best I for all, as they would not be able to f listen to the answers of other witnesses, or .be able to formulate their own answors on those who had gone before. , Counsel generally objected to this, and it was explained that as tho police witnesses were more or . less facing charges as to their efficiency it would be unfair. Ultimately it was agreed that they should be permitted to remain m the room.

iiiiiiuiiiiiiiiiiiiiiiiiiiiiiDiiiiiiiiiHiiiiiiuiiiiiiiiiiiiiiiiiiiiiiiiinniitiniiiiiiiiiiiiiiiniiii i It was indicated by Mr. Currie that [ he was not there to make charges; he i was inviting explanations on certain matters, and the commission had no , disciplinary powers. Only police auth- . orities could deal Avith their own men. [ "Then this enquiry is futile," commented Mr. Finlay. 5 Mr. Currie retorted: "I, am not here , to explain that." It was announced by Mr. Currie as I he proceeded that, as certain evidence would have to be brought out which related to the detection of crime, and as it was not the purpose of the eri- !' qulry to educate criminals, it would ' be necessary for that to be taken m camera. This suggestion was accepted as reasonable. ' It" was not. an enquiry into the death , of Elsie Walker, continued Mr. Currie. That had been carried out. It was not an enquiry into the manner m which evidence

had. been collected or presented at the inquest; the police had had , the assistance of [ counsel. This rei f erred to . Mr. [ Meredith's assistance at the coror rier's; enquiry. > It Avas not an ' enquiry into the general organisation of the police force. : /'Supposing the methods of organisation are found

to be 'unsatisfactory",' surely such matters should be enquired into?" interjected Mr. Page. Mr. Currie asked to be directed whether the enquiry was to be one ,' on generator individual lines. 'If individual officers were found to { , be at fault,, replied Mr. Page, that , would 1 most certainly have to be en- [ quired into, and would be made the '. subject of comment. The question was then put by Mr. Currie as to whether the Commissioner of Police might be allowed to interpose when he, wished. "I. would prefer that he did it through you, Mr. Currie," was Mr. Page's answer. Mr. Currlev then asked that the police files might be treated as the confidential documents of the court. He was answered: "I will decide that when the moment arises." Mr. Page also observed: "If you find the methods of the police defective, surely you should mention it. The defects, if any, should be elicited. If Constable so and so, or any one is found inefficient that fact should be commented up.on." At some length Mr. Currie then dealt with the constitution" of. the. police code, the detection of crime, ■ and the apportioning of district re- ■ sponsibility; also the allocation of of- \ fleers" and men. i Mr. Page asked: "What becomes of r a chief-detective if he is promoted? Where does he go?" ; This question raided a laugh ,from the barristers and others. He Avas told that he became a subinspector. . Detailing some of the incidents m their order of sequence, the Crown Solicitor sketched the facts from the • first reported disappearance o,f the girl and the car, through to the finding of ,' the car — abandoned — then the. discovery of the body, its, removal, and the verbal report of the police surgeon, Dr. Murray, and his written report which followed. ' ' "Does the . written report bear a date?" asked Mr. Page. "No, sir," answered Mr. Currie, and he went on to explain the procedure which disclosed the fact that though the medical man may write a report several weeks previously, it is not dated until that report Is read as the medical evidence at the subsequent inquest. L Continuing, Mr. Currie stated that a circular was sent out to 'a> great , many police stations, and before this I was done there had been some investigation work. t Then, on. October 8, two persons, ( whom ho refeired to as "B" and "F," were first interrogated by the Auckland police. . The next important step was the Bending of Sergeant Kelly to Te Puke. This seemed to be on October 16. Later, this officer was recalled and Detective -sergeant Bickerdike was assigned to investigate. On November 21, a special notice was inserted m the Police Gazette, r and on or about December 7 m)- ) structions ( were given to the local Crown Solicitor, Mr. Meredith.

Unsolved Mystery of Panmure Leads To Close Official Investigation Into The Methods Adopted During Handling of Case SEARCHING LIGHT ON WHOLE SYSTEM OF INQUIRY (From "N.Z. Truth's*' Special Auckland Representative) > - Silver braid, stars, and smart blue uniforms were all to the fore at the Auckland Magistrate's Court when Mr. E. Page, S. M. opened the commission to enquire into the action taken by the police m making their investigations into the circumstances surrounding the death of Elsie Walker. Little Elsie is dead, and her death, and how it occurred, is still a mystery which has intrigued the Dominion for the last four months. It may be as far from elucidation as it was, apparently, three months ago, but it is gratifying to the public to realise that they will at least have the satisfaction of knowing to a certain degree how it was that the man (if only one man was concerned) last m the girl's company so cleverly eluded detection, and whether he was inordinately clever or was merely favored by a sequence of circumstances which played into his hands. 11l . ' ' ' = ■■-■•■• - ■ ■ ==Ji

On December 18 there appeared the first of 9, considerable number of fresh reports concerning the movements of William Bayly. "The quantity of these reports is undeniable," observed Mr. Currie, "and the painstaking quality of it Avill impress your worship." He placed his hand on the thick file on the table, stating as he did so that they had been handed over to him m no kind of order. .Ml. Allan Moody interjected with the remark' that the Crown Solicitor had it. for some months. "Yes," replied Mr. Currie, "he took it to pieces and put it together again." Reverting to the files, Mr. Currie remarked that there Avas a separate file relating to ."B" and "M," They Avere not implicated, but might 'have been able to thrOAV some light on certain movements of certain persons. Certain aspects of matter m the files Avere -not self-explanatory and these Mr. Currie dealt Avith. The first arose out of . the notification of the disappearance of the girl and the car. Action was not taken till late that night. Then there was the absence of such inspection of the car as would identify those who had oc- , cupied it, or were controlling it. There was delay between the.discovery of the car and the enquiries as to when it was first abandoned. The time when it was abandoned, he commented,, might have had a material bearing on what the police were trying to find out. . '■"". He mentioned the names of a Mr. Pahl and a Mrs Anderson, and asked Avhy further efforts Avere not made to resolve this conflict as to times, one way or another, and Avhy the interrogation of Mrs. Anderson •had'vb'e'eri. left to a uniformed man. "It might Avith more propriety have been entrusted to a member of the detective staff," he suggested. ■ "I shall ask," he continued, "why the body Avas rerrioA r ed at night time when a thorough examination of the locality Avas impossible." Constable Collins had expressed an opinion. It would be proper to ask him what grounds he had for the opinion he expressed, and AA'hether the detectiA r es Avere justified m acting on his opinion and ordering the body to be remoA'ed. There Avas also the delay m submitting the clothing of, the girl for expert examination, and piecemeal Avhen it Avas submitted, and also whether the medical report gave suffl-

Acute Questions

cient evidence, or -whether they should not have been asked to elaborate their report. ■ . . ■ Mr. Currie continued: "I shall ask whether the special enquiry circular was not quite inadequate m its instructions for country constables, and whether the replies from that circular were adequate. I- do not know how far they were inadequate, but there were a num-. ber of stations .from which no report was received." He would want to know why the report In the Police Gazette was not put m earlier, and why the number of tho car was not put m at all. This omission, he had been told, was due to an error m the editorial office m Wellington. That a constable was left to do the work at Te Puke and not a detective, he said, was a point to be elucidated. William Bayly had been m the investigation at one stage, and there may have been delay m interrogating •him. This may have been due to an incomplete - telephone ' message repeated from Hamilton to Auckland. There had, m Mr. Curries expressed opinion, been more delay than reasonable m tracing the movements and alibi of William Bayly when there may have been reason why this should have been done. He drew attention to the failure to interrogate Anne Walker, the dead girl's sister, though they were on intimate terms with each other. Constable Neil d' had reported a man, but no action had been taken until November 28, while the flies did not reveal that the investigations 'had been carried to their limits, or the results recorded on the flies. Reference was also made to the allegation that two police officers , had made an attempt to examine William Bayly's effects at Henderson. They had approached a man narhed. Dick. Mr. Currie indicated that the regulations laid it down that no person might be brought to. justice, by unjustifiable means. He. had the assurance of Detective-sergeant Kelly that he was not one of those who was guilty, of this act.-. Then there were the* allegations of William Bayly as to the methods which Detective-sergeant Bickerdike had allegedly used to extract an admission from him. "If this had been given under such a pledge the detective would have been m a morally impossible position." "These are cases of deflniffe breach of regulations," observed Mr. Currie, "but I cannot find 'that any notice has been" taken of these allegations by responsible offifcSrs/' The three methods of detective enquiry were touched upon by the Crown Solicitor. Brilliant intuition,, a process which could 'hardly be explained by officers who possessed it, deductions irom

small clues Avhich afforded such interest m literature, and, lastly, deep, painstaking, systematic investigation by Avhich m cases the net was finally drawn around the person responsible for a crime. The latter result relied upon tAVO things — the directorate work and the field -Avork. On Mr. Currie concluding his open-' ing remarks, the question again arose as to the exclusion of Avitnesses, and m his protest Mr. A. H. Johnstone made use of the Avord "untrue," which caused Mr. Currie to rise and explain "■ that he did not suggest that the evidence.of the officers, or men concerned,

would be colored, or untruthful, if they, remained m court, but it might be that the opinion of one would be moulded

on the opinion of those Avho preceded him m giving evidence. After some discussion, for the second time Mr. Page gave his consent for all concerned to remain m court m vieAV of the fact that the careers and reputations of some of them might be m jeopardy. An • early adjournment was made to permit the Commissioner to, visit the scene of the discovery of Elsie Walker's body, and the place Avhere the car Avas found at 'Papatoetoe. Accompanied by Police Commissioner Mcllveney, Inspectors Hollis and Eccles and Chief-detective Hammond, Constable Collins, Avho had collected the boy Thompson and Mr. Coppin,- the undertaker's assistant,

and Messrs. G. P. Finlay, A. H. Johnstone and Mr. Noel Johnson, a close examination of the scene at Panmure m the scoria paddock was made. The growth m the clump of Manuka, bush lawyer, and inkweed scrub •had changed since that morning which may have been the fatal day for Elsie Walker, but m most respects the scene was the same, and the place where her head had rested was discernable. ; • First of all Mr. Coppin at the request of Mr. Pago gave an illustration of how he had seen the body on his arrival to remove it m the shell. The boy Thompson, who with Constable Collins had remained at' a distance, was then called, and with the constable's coat beneath him — his mother, the constable explained, did not like the idea of his actually lying on the ground upon which Elsie had last rested — he also gave an illustration of how the dead girl had been lying so' far as he

could see when he. first set eyes on her feet. It did not re- •

semble the position as staged by the witness Carter a,t the inquest. Constable Collins was then called from the

distance, and he' followed suit with his portrayal, of. ,the disposition of the body. He found some difficulty m evading the thorns of the bush lawyer I and . received some scratches on his cheek, which bled. It was noticeable how secluded the spot was, being hidden by higher ground from the road on all -sides, and only overlooked from the high ground to the south. Chief- detective Hammond pointed out to Mr. Page that the distance to the place from the gate was two hundred and twenty yards by the old cart track, and seventy-five over the rough ground to the north-east,, a direct line to the road, but broken by huge masses of scoria, which would make the difficulty of carrying a body that way a severe task. ; This inspection over, some' .of the party and Mr. Page took another route out of the paddock, traversing a knoll, and coming put of a gate about a hundred yards to the south. The enquiry was resumed a little before four p.m. when Superintendent

Police Procedure

A Secluded Spot

Wohlmann took his stand m the Avitness-box and Avas duly sAVorn. His position, he stated, was. that of officer-in-charge of the Auckland head district. Under him were Inspectors Hollis and Mcllveney, the former being m charge of the detective force locally. Both the inspectors had their OAvn district, for which they Avere responsible, and there Avas a system of coordination. Should the superintendent require a member o£ the detective force he Avould apply to Inspector Hollis for

mm. Under the system of co-ordinated control there Avas a daily conference uotAveen the officers at

the central station. To Mr. Page: If there was a cmio out of my district it would be handed over for them to deal Avith. PoJice regulations governing the • methods under Avhich the central 1 stations worked, and the general management of the force were dealt Avith at some length by Mr. Curne, and 1 the interpretation of the regulations 1 acceded to by the superintendent. The daiiy conference Avas, he said, held each morning at 10.30. a.m. In his office. If one Avas absent the other came m. No officer, junior. In rank to an inspector, A\as ever at such conferences. , These conferences lasted for half an hour to an hour and a-half. "The files are not brought m,"

said the superintendent! Then- he added: "Occasionally, yes. No written list is prepared. The proceeding is quite informal. No record is kept of the decisions arrived at. The general rule is for the matter to be brought up by the officer m charge of the district." Asked if cases of disagreement had ever arisen, he replied: "Yes, but there has never been cause to bring them before the commissioner. We acted as if m consultation, and matters are not brought up as a rule if there is no doubt at all." He went on to. explain that Inspector Hollis had the bulk of matters' to bring up as ne had charge of the detectives, and it was left to his judgment what he brought up for conference. • "When was the case of Elsie Walker first discussed?" enquired Mr. Currie. "My first knowledge of it was a telephone message received by the watchhouse onth©

night of October 2." A copy of this message had, ac-

cording to the existing method, been given to each officer, said the superintendent.

"I can't recollect whether this matter was muntiuned on the morning 1 of October 3 as It was a matter of everyday occurrence m our police experience. I am of opinion thMt i* wn.s not. discussed before the finding of her body. There were frequent discussions thereafter," he 3aid. To Mr. Page: "I have no distinct recollection of the date, but I am of opinion that it was on the day after the finding of the body." "Can you. remember any decision arrived at m the conference arising out of this matter?" asked Mr. C.urrie. The reply was that the inconclusive finding of the medical men, who examined, the body/ made it advisable- that thoy should be called m to discuss the matter further. The "report of the doctors was that the girl had not died from the result of unlawful violence. "When -was this?" asked the Crown Solicitor; ' ' "There is a reference to it on the file," came the answer. A search was made to discover it, but it could . not b© found, and the

superintendent eventually said that he thought it was towards the end of October, probably the last week. Finally a supplementary report was brought to light dated December 6. Mr. Page: "Could we have that report read?" There was considerable delay and some confusion as the report required could not be found; at least not one with a date on it, and though several were inspected, Mr. Page insisted that he must have the original report. "I want to know the date of the first written report from the doctors to the police," he insisted. Mr. Currie. remarked: "The documents do not disclose the date." .Cnief-detective Hammond was heard to say: "It was about October 12." Mr. Finlay handed a report over to Mr. Currie who passed it on to Mr. Page, who, after inspection, remarked: "This is not the' original." "What I want," insisted the Commissioner, "is the original document nut m by tho doctor and signed by him." "Detective Hammond says that is the original," said Mr. Currie. A few minutes later one was found signed by. the doctors, but apparently not dated. . It transpired that there was no rerord of the doctor's meeting with the police officers when the matter was discussed as to whether there had been a crime committed or not. "Up to that time the doctors could not tell us the cause of death," said the superintendent, and Dr. Murray was asked by Inspector Mcffveney whether, supposing a crime had been committed, a man arrested, and a charge of murder preferred would there bo. sufficient evidence to substantiate' such a charge? ' • Dr. Murray, according to the witness, had replied in 1 the negative, and added that, so far as medical evidence went, there would be no hope of conviction. "We Avere left m the same position as before." continued, the superintendent. "We had no knowledge that any crime had been committed, but m spite of th.'i.t the officers decided that there should- be no relaxation of efforts being 1 made to discover if any information could be found which would throw light on the mysterious disappearance and death of the girl." From then onwards Inspector Hollis kept his fellow officers informed as to tiip progress of th.c enquiries. The superintendent w,ent'- on to give

A Vital Addition

I -I details of the investigations made everywhere, and from everybody whomight be able to shed light on the mystery. Information — anonymous and otherwise — reached the police, and to the best of his knowledge and belief every tittle of information was followed up. Further questioned he said that a later decision was arrived at by the medical men— two or three weeks later — and Inspector Hollis informed him that the two doctors had made a vital addition to the . original report. This was dated December 6 and attributed Elsie's death to a blow on the head. "We found," stated the superintendent, "that we were unable to rely oh the medical report and didn't know if there would be another supplementary report to follow this one — we were m the air." Questioned as to the employment of counsel at the inquest on the girl he replied: "Yes, it was unusual for the police to employ counsel. It was not decided to do so at a conference. The suggestion .came from the Commissioner of Police on account of the public unrest, and the circumstances of the case. • "He thought it better to do so. The suggestion was contained m a memorandum addressed to myself." • Mr. Currie observed that that memorandum was not on the files, and the superintendent admitted that it was not m court. • Mr. Page: "What does that mean? It is not on the police files?'-' "I've not seen it here," replied the superintendent fingering the file beside him. "It may have been returnod to Wellington; at any rat© it is not on this file." To Mr. Currie he added: "Our opinion was that it was wise to engage the Crown Prosecutor, and the Commissioner was so informed." Reverting to the decisions-arrived at m conference he stated that these were not binding unless referred to the Commissioner of Police; they had never been considered binding. To Mr. Page: "Mr. Hollis could go ahead if two others thought otherwise. If it was a very important matter Jt v-'ould be referred to the Commissioner." "But does not the x-egulation say that the majority shall rule?" asked Mr.. Page. "If he did go ahead it would be m defiance of the rule." Superintendent Wohlmann replied that such a position had never arisen, and he went on to say that though the conference did not relieve Inspector Hollis of any responsibility it gave him the benefit of the advice of two of . his fellow officers, and was not likely to weaken his sense of responsibility. He had . a great faith m the

iiiiiiiiiniiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiHiiiiiimiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiuiiniiiiiiiii capabilities of the Inspector. Defective detective work would not be mentioned at their conference. To Mr. Currie he replied that when it was decided to engage the Crown Prosecutor for the inquest he understood that Mr. Hollis handed over the complete file of the case, but he did riot know if it all came back. . , : "I propose:; to ask,-Mi\' Hollis later if this is the ' complete file,"-;. 1 announced , : Mr;' Currie, and Re thei\ made reference I to a report from Constable Kennedy, of ' Howick, dated October 11." :. i The proceedings then were adjourned until the following morning, when 1 Superintendent Wohlmann again entered the box. [ District orders were produced and [ identified and reference was made to . one received at the Central Police i Station by Constable Fuller from Con- ; stable Mahoney, which related to the

finding- of the missing car abandoned at Papatoetoe. T*he superintendent had received one as a. matter of ordinary routine. After the receipt .of this message, Hamilton and out-dis-tricts were advised by telephone. , Mr. Currie: "You are aware that Constable

Mahoney was not informed, when told to take charge of the car and take it to a garage, that it was the car which was missing:?" He read from the constable's state- | nient: "They did not tell me that a girl 1 was missing as well." Have you any comment to make? Mr. Allan Moody interjected: "He ought to have known that." "I don't know when that" information reached him," replied the. superintendent. "The information was sent to him on October 3." ' "The next matter you appear, to be concerned m is Constable Collins's report regarding the fir ding of the body of tho grirl on October 6?" commented Mr. Currie. The witness replied that this was received by him as officer- jn-charge of head district. Much running comment had been making it hard to follow the evidence at times. It came from the various counsel and their clients and Mr. Page was constrained to request counsel to refrain from making. running comment as it was confusing to Mr. Currie. > Reverting to Constable" Gbllins's report the superintendent said that •he had minuted it on to Inspector Hollis as he was m charge o*f the detectives. A private communication was then mentioned by Mr. Currie which was signed "F.R.P." This, it was staged, hud been sent from Mr. Hollis to Chiefdetective Hammond. It referred \to enquiries m the head district. "Can you suggest why?" asked Mr. Currie. "It'Avas purely a detective matter," replied the superintendent. "If Mr. Hollis received it there would be no ■ reason why I should see it." , . Once again there Was 'delay -over the documents on the flies and Mr. Page observed: "One would have thougut the copies would have been typed m the same order, and kept m that order." "The police seem to have had no time," replied Mr. Currie. The superintendent admitted that he had written to Inspector Eccles on December 19. ,This had some connection with a service car and three passengers who, it was suggosted, could say something about the movements of William Bayly, i and he had acted because Mr. Meredith had made a request to ; '^ thaUeffoci- .— --— - ; —. ■ ■-.. : , '■■ "For the same reason you telegraphed to Mr .. Eccles on January 10?" asked ,' Mr. Gurrie. ■ '■-'" \ r . ': " ''• ■'■■' " "Yes, and I wanted the return of the > file for the inquest." '• , The superintendent was understood [ to say above the noise of a motor cycle outside the court that it was in.,con- [ sequence of the same arrangement that enquiries were made m connection with tracing the movements of. a man. men- - tioned as "A.F." on January .25. Also on January ld-'Vihe ..wrote to , Detective-sergeant Bickerdike under the heading "urgent,"' suggesting that the damaged to Elsie ; Walker's head might be- due to her hitting the bow of , the car hood. r . .■ \ It. had been written down m court during the inquest, he told Mr. Currie. "Why was it you took charge of the inquest instead of Mr. Hollis?" was the next question put to him."Mr; Hollis has a large amount of work," he replied, "and the officers did not, during the enquiries, or at any

IIIIIIIIIIIIIIIIIIHIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIUIIIIIIIIIIIIIIIIIIIIIIIIIIIIII time when we were associated together m co-ordinated districts, stand on any arbitrary arrangement as to our ' duties. , , ; • «_ •... , ... .-:■_• - „.■:•• ■ "It was a matter of' coroperation and m the public interest. That- -was the principle governing my action at this tirnei." . ''".'...' Mr. A. H. Johns'tone, on behalf of' Chief- detective Hammond, then examined the witness as to his police experience, and was informed that it extended over thirty- five" years.; ' . / He was familiar with both branches of the service, though he had never been a member of the detective branch. .-, He had done 'detective work, however, and had had " detectives " under his • charge. -.■■■'• ■'-• ; ,^'_ _. ;;■■'; ; j., >--: He said further" that the police * service was homogeneous and transfers were -.made "from one branch to the other. /He knew of , . instances , of men transferred from the uniform branch to thY detective . branch showing marked ability^- .-••-;: He saw nothing Btrange m Constable^ Mahoney - making the enquiries aboutf: ' the' car being seen at Papatoetbe. TThe"1. 1 constable;;was quiteXG^pable/and if jßot;'' was unfit ■■■ to be' -m "the-; police" force* %> The inspectors were -riot' nien of iet--, ;^ sure; they had a'large volume of work. .: "My opinion of Inspectors Hollisjahd :" Mcllveney< is that'lthey; are first-rate^ r officers arid men,"<he said. --•! •; Mr. Johnstone: : At its inception the;

Useless^hi^ries ■

inquiry was for a missing motor-car? — -'■'■ Yes. ■■. v - -.?•■ ;■:?■■-. "But at its inception' was not the girl missing, too?" enquired Mr. Page. Before tho ■witness^ 1 could reply Mr. Johnstone answered: "Yes, but someone goes with, every car.", : Other questions the superintendent answered by saying he could recall, no disagreement at v anyy conference with regard • to' Elsie*. Ws&lker. Everything possible was done. The police' duty was to prepare, for a coroner's enquiry. They had no evidence of a crime. Mr. Johnston© asked the officer how . he regarded the case? . Mr. Currie interposed: "Is this relevant?" he enquired. "Ask him what his theory was, and how he based "it," urged Mr. Page. "Theories are of no use to - ascertain • facts," was- the superintendent's reply. Mr. , Johnstone tried again: "What conclusions as ah experienced officer do you come to?" But Mr. Page again Interposed. "Tfie question Is ,nbt proper m that form." ■ , .-,-■,,.;" ... '"' Tie matter.; of ithe medical report was then gone into- at, sbme^iehgth and the superintendent stated that the medical 'examination .'<• revealed no marks of violence or interference. '] Examination went to show that the girl had not been interfered with intimately, so far as her body was con-

Negative Result

cerned, within twenty-four hours of • her death. .... ■ . ■•■ •.'•-• -. He' admitted vthat A he' knew that a man named "William Bayly" had frequently.'been interrogated. The brief was made ready for the Crown Solicitor on .December 7 and the file handed to him on that: date: ■ '''■*. "Was any evidence at that time to be tendered by William Bayly?" enquired Mr. Johristone. "No, I think not. No, I am confident there was not, because he could give no information of any ''value."-' '■.."•'■ ■^"■" : '- ' "", "• ■■■;• . . Then v the '•■ superintendent added: "Very early the detectives satisfied themselves that, Bayly was in_Auckland at the critical period. That belief was shown to ; be " justified;' at least- . nothing has arisen, to. shake it.; 1 ., , ..; . ,• . "On December/ i 9 you .wrote to"'ln.--sp.ec.tor 1 Ecoieai'H'dlrectj about', William Bayly. Did you, do :this' ; because of the . request of '.tliis^ Crown ;;so;ilcitor?7-:Mr^ ; Johnstone then aske'd.^s; L ■■■*■ ' ;;; -rj'';', " "It Avas; • done- to ; " "plefir the-maiter up. It \v : as\\n^&«alive'ln}-r^Bul't,| t ."'was the reply. ■ .'': m,-' '■:::A.: : '.s--' i £.' : l^ ' The con|er^e^ith i 'E>i > . Murray^as. again mentibne^ .anf ■ questioned by Mr Pa&e>-the:/.isuperlntendent replied u. "Nothing ; \^^|aM> ih& blow belng^re>p;e^s?i?l^|6j:'- : th.jp.;--girl'8 L death' then; 1 it'^as/w^eka^and weeks later, and Avhen we';^t ; thi5 v .s?gnature to the., report an appendage was made ib it. Mr. G. P. 'Firilay, acting "for Ifetec- » tiye-sergeant Kelly, elicited the information that constables were appointed to stations for their reliability and fitness for the duties. ' f ■ (Continued on page 8.) ; ; .