ESSEX MURDER TRIAL.

Auckland Star, Volume LIX, Issue 94, 21 April 1928, Page 3 (Supplement)

ESSEX MURDER TRIAL.

STORY OF A LONELY ROAD CRIME.

CONSTABLE SHOT AT DUTY'S POST.—KENNEDY ACCUSES BROWN.

Further sensational evidence bearing on the murder of Police Constable Gutteridge waa given at the South-Western Police Court, London, when the two men under remand were again before the court and were committed for trial.

In a long statement, the admissibility of which was strongly disputed by the solicitors for the defence, William Kennedy (41), a compositor, accused Frederick Guy Browne (47), engineer, of Sisters Avenue, Clapham S.W., of the murder of the constable, and described a dramatic night ride in a stolen car. The case for the Crown was continued by Mr. H. D. Roome, in view of the fact that Sir Travers Humphreys had, Bince the hearing opened, been appointed a judge of the High Court. After long arguments for and against Kennedy's alleged statement to the police, Mr. Sandbach, the Magistrate, decided that it should be read.

Mr. Roome then read the statement. After saying that he had been asked if he could give any information about the murder of Police Constable Guttef idge, and having been cautioned, had said he wished "voluntarily" to tell what he knew about the mattor, Kennedy is alleged to have told how he came to enter Browne's employ at a garage in Battersea. He (Kennedy) slept at a garage, as also did Browne, till he joined his wife at Huguenot Place, Easthill.

The statement proceeded:—

"I well remember the day of September 26. He suggested that I should accompany him to Billericay to assist him in stealing a Raleigh car at the end of the High Street, away from the station. We went to a place which faces a large empty house standing in its own grounds. Browne entered the grounds of the house where the Raleigh car was supposed to be. I accompanied Browne into the grounds. Browne opened the door of the garage, I think, with a key, and examined the Raleigh car, and we then left the garage and grounds and hid in tha grounds of the empty house and waited until the people owning the Raleigh car went to bed. "Browne told me to wait in the grounds of the empty house, and Browne went to the garage where the car was stored. A dog came out, and, starting to bark, it made Browne leave and join me, and he said, 'It's no good here; we cannot get back by train, and so we will try somewhere else.' The time was then, I should think, about 11 p.m. We walked through the village again and came to a spot which I now know as the doctor's house, on a sharp bend at the opposite end to where the Kaleigh car was, and on the main London road. : We saw the garage at the end of the doctor's house, and we went into a field opposite and sat on some low palings or pates and watched till the lights went out in the doctor's house. It was getting late, and must have been after midnight. "After the lights went out Browne and I went to the garage, which is a wood structure, and he forced the doors with, I thinlr, a small tyre lever or tool of some kind, which he took with him. The door opened easily. He first examined the petrol tank and make of the car, and told me there was plenty of petrol in the tank. He told me it was a Morris-Cowley. It ran ran down on its own weight to the road, and we pushed it along about 100 yards in the opposite direction, or at right angles to the main road. Browne said, 'We will go the by-ways and escape the main road.' "We then went for a long run round country lanes at great pace at different times. We got to several cross-roads and corners where it was necessary for us to examine the signposts, but eventually we got to a kind of main road on the way to Ongar. When we got some distance up on this road we saw someone on the bank, who flashed his lamp as a signal to stop. Stopped by a Policeman. "We drove on and then I heard a police whistle, and told Browne to stop. He did so quite willingly, and when the person came up we saw it was a policeman. Browne was driving, and I was sitting on his left in the front. The policeman came up close to the car and stood near Browne, and asked him where he was going, and where he came from. Brown told him we came from Lea Bridge Road garage, and had been out to do some repairs. The policeman then asked him if he had a car. Browne said, 'No.* He then asked Browne, 'Have you a driving license ' Browne said, 'No.' The policeman then again asked him where he came from, and Browne stammered in his answer, and the policeman then said, 'Is the car yours?' I then said, 'No, the car is mine.' The policeman flashed his light in both our faces, and was at this time standing close tp the running board on the offside. He then asked me if I knew the number of the car, and Browne said, 'You see it on the front of the car.' The policeman said, 'I know the number, but do you?' I said, 'Yes, I can give you the number,' and said 'T.W. 6120.'

He said, 'Very well, I'll take particulars,' put his torch back in his pocket, and pulled out his notebook and was in the act of writing when I heard a report, quickly followed by another one. I saw the policeman- stagger back and fall over by the bank at the hedge. I said to Browne, 'What have you done?' and then saw he had a large Webley revolver in his hand. He said, 'Get out quick.' I immediately got out and went round to the policeman, who was lying on his back, and Browne came over and said, 'I'll finish the . And I said, 'For God's sake don't shoot any more; the man's dying,' as he was groaning. The policeman's eyes were open, and Browne, addressing him, said, 'What are you looking at me like that for?' and, stooping down, shot him at close range through both eyes. There were only four shots fired. . "Browne then said, "Let's get back into the car.' We had driven close in to the bank, and backed out a little and drove on in the direction of Ongar. He gave me the revolver and told me to load it while be drove on. I loaded it, and in my excitement I dropped an empty shell in the car. The other three I threw away into the roads. We drove at a great pace'through many villages, the names of which I do not know, but I know we went through Buckhurst Hill and then Bow, and the Elephant and Castle, and while on this journey Browne said, 'Have you loaded that gun again? If you have, give it toe back.' I gave it to him and he kept it on the seat by his right-hand side. He wanted to take the car to the garage but I persuaded him to have nothing to do with the garage. "We drove to Brixton, and went op a road I do not know the name of, and drove into a cul de sac at about 5.30 a.m. We left the car and came out into the main road and came by tram car back to the garage, bringing with us two cases out of the containing doctor's instruments. Those or the majority of them, were smuhed up, and the cases were cut up into small pieces, which Browne later took out in his car and distributed about various roads in the country so as to destroy all evidence, and I did not know that bt retained any of the doctor's property. I forgot to mention that on our journey after shooting the policeman, Browne turned into a tree owing to a fog at a Pte. The fog was very dense at that time. think he damaged the near side front wing. I was very excited at the time. We returned to the garage about six a.m. and commenced our work.

"Dyson (an employee) arrived at his usual time, about eight a.m., and business carried on as usual. I suggested to Browne thai we should go right away from Lon-

don as I knew inquiries were sure to be made. Browne said there was no danger and induced me to stop, and said if I made up my mind to leave him he would blow my brains out. He had the Webley revolver in his hand when he said this, and, as I knew it was loaded, I thought he would. I then later went to a newspaper shop and purchased the various editions of the papers, and in one I found that Scotland Yard was supposed to have found finger prints, and again wanted to leave, and he said, 'No you don't; you'll stop here and face it out with me. If anyone comes up here there will be a shooting match.' "My Wife Persuaded Me."

I remained in the garage till December and we saw newspapers on different dates relating to the crime and Baw the account of the renewed inquest in November and the reward, and Browne said, 'They are still harping on that thing yet.' In December I told Browne I was going away, and he made no objection then and drove me to Euston in the car, about, I think, December 17, 1927. I then went to West Kirby to an address I do not want to mention, and remained until January 13 last, when I returned to London with the woman I have married, and I have lived at 2, Huguenot Place till last Saturday, January 21, 1928, when I left and went back to Liverpool, where I was arrested. Since I came to London on January 13 I have called at the garage on two occasions. He said, 'Hullo, you've come back.' On the first occasion no mention was made of the crime. On January 17, 1928, a Tuesday, he wanted me to go to Devonshire with him in the car, but my wife persuaded me not to and told me whatever he was going for I was better out of it. I thanked Browne and I left. I went to the garage again at two p.m. on Saturday, January 21, 1928, and when I got to the entrance I found the gate locked and saw two men who looked to be detectives, and, suspecting something was wrong, I went to my wife and told her to pack aa we were going away, giving her no reason. I went to Clapham Common and sent a bogus telegram to myself saying someone was ill. This was an excuse I made to explain our leaving the house. I hoped to get some of the rent back I had paid, and the landlady gave me back three weeks' rent. I then went to Euston and left for Liverpool by the midnight train, and was arrested aa previously Btated.

"I have seen Browne in possession of two Webley revolvers, which were always kept loaded, and he had plenty of ammunition. He also told me he had a Smith and Wesson, but I never saw it. I believe he kept it at home. He also had a small nickel .22 revolver, which was also kept at home. I have been worried ever since the murder of the constable, and at times I became desperate, expecting I should be arrested, and not knowing what to do. I have made this statement quite voluntarily after being cautioned, and am prepared to give it in a court of law if necessary. It has been read over to me and all I have stated is the whole truth of what took place on the night of September 26-27, 1927.—(Signed) W. Kennedy."

At the end of the reading of this statement Browne jumped up in the dock and excitedly exclaimed: "I hope you are satisfied with the useful way in which the case has been concdcted and put together by the police and everybody." The magistrate told him to be quiet. M Third Degree " Denied. Before the. statement was read, Mr. Roome said that on the responsibility of the solicitor representing Kennedy (Mr. Oscar Tompkins) objection was made On the ground that at the time he made it Kennedy had been kept without food or sleep, and that the statement had been "pumped" out of him by promises, hopes, and threats. Mr. Roome added: "I shall submit that the evidence will show that he had several hours' sleep, that he had all the food he desired, that the statement was made at his own request after having been cautioned, that he made it at leisure, and, finally, the he signed it as representing what he wished to say."

Inspector Kirchner agreed with Mr. Tompkins that there were six or seven officers with Kennedy, of whom he (the witness) was one, at the police station to which he was first taken.

Did Kennedy remain in that room with you and six or seven officers until about 4.15 in the morning?—Oh, no. He was kept there while I made an examination of Copperas Hill. I came back at 1.30 in the morning. Then I took him to the main station in Dale Street.

I suggest that you and five or six officers interrogated him from a quarter to twelve until a quarter to four in the morning?— No, sir.

During that time Mrs. Kennedy was being interrogated?—A statement was being taken from Mrs. Kennedy.

Chief Inspector berrett repeated the conversation (detailed by Sir Travers Humphreys at the previous hearing) which took place in a room at Scotland Yard between Kennedy, Mrs. Kennedy and himself, and which ended by Mrs. Kennedy saying, "Tell these gentlemen the truth of what took place" (when P.C. Gutteridge was shot).

Kennedy, said Chief Inspector Berrett, then said: "You can take down what I want to say, and I will sign it." "I then duly cautioned him," added Chief Inspector Berrett. "He then made a lengthy statement, which was taken down by Sergeant Harris in my presence." Nineteen Pages in All. Mr. Roome: What was his appearance with regard to being upset or distressed or otherwise?— Quite normal in every possible way, and rational. He thought very deeply indeed before he said anything at all. I have never taken a statement from any person who exercised more care. I should think the statement was commenced about 7.10 or 7.15, and I think it lasted until about 11 o'clock.

Mr. Sandbach: Was there anything in the nature of cross-examining by you or any other oflicer?—During that time he would keep having a half-sheet or full sheet read over to him and I had to wait until he had read it. He was most careful in everything he said and I never pressed him.

_ Mr. Roome: Did he make any corrections?— After the long statement was read over he said he wanted to add to that. He corrected a portion of it, which he initialled. There are nineteen pages in all. Mr. Tompkins: I suggest that when he arrived at Scotland Yard he was a sick and tired man?— Not in any way. If I thought a man was not in a fit state to make a statement 1 should be the last person in the world to let him.

I suggest Kennedy was interrogated for four solid hours by both you and Superintendent Savage.—lt is not correct, sir.

Mr. Tompkins: I must formally put to you that after he had refused to make a statement, Superintendent Savage said: "You will swing if you don't own up, because Browne has told us you have done it/'—Absolutely ridiculous.

I suggest that first of all you would have ten minutes at the interrogation and then Superintendent Savage would take it up, and so on alternately?—l sat with Sergeant Harris in that room as he was writing the statement from about 7.10 till about 11.10, and no other person ever entered that room at all.

You said: "Your wife is outside, and if you do not open your mouth we will have to tell her you will be charged with murder?"—No, of (be land.