ELSIE WALKER’S DEATH

Sun (Auckland), Volume II, Issue 568, 22 January 1929, Page 1

ELSIE WALKER’S DEATH

Counsel for the Bayly Family Speaks of “Village Tittle-Tattle” VERDICT ON FRIDAY Tliat there had been two schools of police thought regards the cause of Elsie Walker’s death was the statemade by Mr. E H. Nortficroft, counsel appearing for the Bayly fam.ly, when the inquiry into the girl’s death was rea umed this morning. “Public interest has been stirred up in the case unduly by « ce’tarn section of the Press,” he said, “and unjust suspicion has also been cast on one witness by a village constable and by village tittle-tattle gathered around the village pump.

This morning saw the eonmience„ent of the eighth day of the inquiry, which has bet n presided over by the coroner, Mr. R K. Hunt, S.M. Mr. V. R. Meredi h. Crown Solicitor, is appearing tor the police, Mr. E. H Xorthcroft an l Mr. R. Lusk for the Bayly family. with whom Elsie Walker resided, and Mr. Mowbray for the parents of the dead girl. When the inquiry resumed this morning, Mr. Hunt said he did not propose to cai 1 police evidence from Hamilton. He did not think it would alect the inquiry. He would see. however, that the matter would be gone into by the police officers. COUNSEL’S ADDRESS Proceeding >o address the coroner. Jlr. E. H. Nonhcrot't thanked him for the opportunity given him of r'eviewing the evidt nee. The inquest, he said, was an inquiry into tho cause of the death cf Elsie Walker, but he most eay that he thought that that aspect had received little attention. The cause of death, he said, was taken very n*u ah for granted. “When I embarked upon a scrutiny of the medical evidence,” said counsel, “I was stopped by your Worship and wld that it couid throw but little light on the affair.” in such casts it was usual for tho police to make searching inquiries of those who might bo involved in some way iu the ct.se. The police conducted such i tquiries, but nevertheless, the opportunity was also availed of later at thii inquiry to submit the witnesses, and one in particular, to tie closest possible examination. Such, counsel contended, was foreign to the practice of the British system, it was more approaching the Continental system, in which theatrical examinations were conducted before police magistrates. This was the means of throwing some suspicion upon an innotent witness. It was to he hoped, said counsel, that such methods woulc not continue iu New Zealand. A POLICE INQUIRY Continuing, counsel said the inquest also developed ifito a searching poliee inquiry. This revealed that there had beeu at least two schools of police thought One school considered that death had occurred through ■wural causes and the other through valence. It was in the course of inis aspect of the inquiry that Constable Jackson had given his version of the story. It was quite possible flat some dou >ta could be expressed 1 yarding his story, but when coun- j s « requested he production of his ivritten report it was refused, on the ground that it was a confidential departmental report. This was manifestly absurd, in view of the fact that the cons .able’s version of the report had already beeu given in public. The inquest oscillated between an inquiry into ti e cause of death and a n inquiry into the methods of the inflamy. One section of the Press had assumed that a foul murder had been committed, anc along these lines had ata o * Up . Pubic imagination and cre--ed public inierest in a case which culled for noth ng of the sort. Never any time hid there beeu any as--Jmption of murder, but a large body iti Mence showed, however, that “rder was ntt, and could not, have “eon commute 1. NO SIGNS OF VIOLENCE '-ounsel also dealt with the eviv^ ce Riven by the medical wit"sses. This evidence, he said, ’ * e< * *hat thy ordinary signs of vio- j ’ ' were absent. There was no cat ' oa at ill of any attempt to ' -angle the gi-1, and no signs of vio„hi.e. o!her than a bruise on the head, lv k witness *« admitted might eas- , iai Te beei * ®®used by a bump the roof of a car. Evidence as e Possible cause of the bruise had . 7° >*en given by Mrs. Bayly. EDICAL EVIDENCE ALTERED 1 Norik r * Was n 1 suggestion, said Mr. J u t! C r„ Cr °*t’. that it had been done by titled *» n "'t.' 1 . 1:1 sandbag. He was enaiedi i criticise the reports of the * fhatth • Inen ’ Particularly the fact ‘ e rjd neir report stated there was no 1 j| r r, ce . 10 show the cause of death. 1 kftiJ?? j had beeu told immediately c tion n, 111 ? 8 , tha there was no sugges- j 1 tutors ° enCr - tin September 0 the . am end 8 Were tpproached again, and 'hat do v heir state ments to show 1 the a.**!“ Wai caused by a blow on , N '°tthcrof, Th " reports ’ sasd - Mr ' ; £ consist• ’ wero extraordinarily in- j t (ier'.. * nt Par icularly so as the evi- r 'heir * Ta *labb; for them to make ; t 'Ports was the same on both p the on n ff Mo reference was made to or nV-v lity >f death by shock, fear, i mitted i? us exhaustion. It was ad- c 'here * tbe medical witnesses that | i nr evidence to show £ have h ° r n<d such causes could v 0 n tl f en responsible for death . I '»• », , lub i*d of the murder, if she | L “ordered, it arose from a blow

on the h'ead causing concussion. It so it was a death either by violence or homicide. One of the invariable signs of death by concussion was a haemorrhage of the brain. That was the characteristic of such cases and in this case it was entirely absent. The doctors said it was consistent with the examination of Elsie that she died as the result of concussion. However, it was an ordinary post mortem condition which they had found. The next suggestion was made that the body of Elsie Walker had been placed where it was by somebody other than Elsie Walker herself. But the bushes were undamaged, which made it practically impossible for anyone else to have put her there. Mr. Hunt: Do you think the girl walked eight miles from the car? Mr. Xorthcroft: Yes. I don’t think it impossible, but I w/1 deal with that later.

Continuing, counsel said the girl was seen after death by three peo] ( . and at the time of finding her they had not thought she had been thrown there, though they had later changed their opinions somewhat. ' It was more likely that, the girl had crawled into the bush, weary and exhausted, and died. With her racial characteristics it would be easy for the girl to have been so frightened as to die of fear, especially if she had been attacked by rats. If the girl had been found 10 or 12 miles from her uncle's home, there would have been no question of anything but, death by exhaustion. But her inexplicable journey gave everyone the impression that it was a serious business.

The girl may have driven the car and there was evidence to show that she could drive the car. It was possible, if she were embarking on such a long journey, that she may have picked up some innocent wayfarer who could drive a car and who assisted her over a big part of the journey. That she was not abducted was clear. There were no signs of violence and it was fairly clear that the girl had been contemplating something the evening she disappeared. The garbage tin was evidently used as a blind to cover her movements in case she was surprised. She had told Audrie Bayly she had been emptying the garbage tin. The tin was later found in the motor shed. There was another peculiar instance that night. The lights were on in both the washhouse and kitchen to give her warning of any intrusion upon any actions she might have been contemplating.

As Ear as. the missing money was concerned, there was no suggestion that the girl was dishonest, but she had perhaps been irregular in her method of collecting what was due to her. About that amount of money w-as owing to her. The girl’s wardrobe was kept near the billiard room and for the girl to have dressed lierself suitably tor a long journey would have exposed her to the danger of being seen by somebode coming out of the billiard loom. Of course, it might be asked why the girl did not make up a bundle of clothes in the afternoon, but there was nothing to say that she did not make up her mind quite suddenly that evening, in which case the same argument would apply. The fact that the car was tound at Papatoetoe, and the girl at Pan mu re was nuzzling, but if some person had caused the girl's death by violence, he would have disposed of the car as soon as possible and without going through several villages. It would be more 1 probable to leave the car and catch a tram back to town, without j being suspicious looking. - rt was not at all impossible that Elsie Walker left the car where she j n case the police w-ould recog- ; nse it if she drove through the town. ; She rnav have walked from there to where*she was found, thus further ex- ; hausUng herself and helping toward | her death. Continued on Pane >3- i