BEACH TRAGEDY

Auckland Star, Volume LXXIII, Issue 55, 6 March 1942, Page 3

BEACH TRAGEDY

SOLDIER'S DEATH

"JUSTIFIABLE HOMICIDE"

(0.C.) SYDNEY, March 4. The shooting of Private Stanley Joseph Plumb, 25, of the A.1.F., by a Militia sentry, Private Francis Roy McGraw, on February 7, was justifiable homicide, the City Coroner (Mr. Oram) found at the adjourned inquest this week. Plumb was shot through the stomach while attempting to pass the guard lines on a prohibited beach area. The bullet also wounded his wife and Leadinpr-Airoraftman Cahill, who was with them.

Private Gordon John McKeand, Ist Battalion Militia, said that Plumb, with another A.I.F. soldier, a member of the R.A.A.F., and a woman, came to the promenade about 3.30 a.m. on February 7. The party asked him how to get on to the beach. "I told them they could not get on the beach," he continued. "The three men were under the influence of liquor." Slipped Bayonet Off Rifle "Plumb slipped the bayonet off my rifle and, refused to give it back. Corporal Hardy ordered the party to leave the promenade. They said: 'You'll have to put us off,' and Plumb placed the point of the bayonet against Corporal Hardy's stomach.

"When his companions tried to persuade him to give the bayonet up, he said, 'The only way you will get it back is through this man's stomach.' Corporal Hardy went to get an officer and more guards.

"Plumb then moved towards Private McGraw, another guard, who was standing with his rifie at the 'on guard' position. McGraw said, 'If you don't drop the bayonet-, I'll shoot.' Plumb seemed to get wild, and he moved towards McGraw with the bayonet in his hand. McGraw moved back until he was up against the barbed wire.

"Plumb said, 'I'll kill you if I get close enough.' McGraw warned him three times to drop the bayonet, and said, 'If you come any closer, I'll shoot.' McGraw brought the rifle to his hip and cocked it. Plumb was about three yards from McGraw when I heard a shot. Plumb fell to the ground."

Private Frederick Phillip Simmons said that when Plumb fell Mrs. Plumb cried, "You shot him you Militia !"

Constable J. R. Bodman said McGraw told him later: "I shot him He was menacing me with a bayonet and I thought he was going to stab me."

Mrs. Nell Stuart Plumb, of Glenayr Avenue, Bondi. said she was injured in the thigh by the bul;et which struck her husband. She said that on the evening of February 6 she went with her husband to the Trocadero and later to a night club with an R.A.A.F. man and three other people.

"When we left the night club none of us was under the influence of liquor," she continued. "We went to the promenade and the guard told us we could not go on the beach. We walked back towards the road

I have no recollection of how my husband received the wound or of what led up to it. It seemed to alter my mind "

Vincent Cahill, of the R.A.A.F., appeared in Court on crutches. He said he was standing about 10 feet behind Plumb on the promenade when he heard a shot. A bullet struck him in the foot. "The guard was not offensive," said Cahill. "Only his refusal to let Plumb on to the beach made Plumb get worked i up."

Richard James Winter, A.1.F., who was with Plumb, said Plumb "seemed to be a bit cantankerous" when the guard refused to let him on the beach.

A detective produced the following statement which he said McGraw had made to him: "I was at my post when Corporal Hardy told me he wanted me because some soldiers were causing trouble. I saw a soldier in A.I.F. uniform with a bayonet in his hand. After refusing to give the bayonet to the corporal he put it against the corporal's stomach and told him he'd run him through with it. I think the soldier's wife tried to take the bayonet and some of his mates also tried to get it. He came at me with the bayonet and I called on him several times to stop or I'd fire. He kept coming on. I was afraid he'd run it through me. I fired low from the hip." "Acted in Self-defence" In finding that McGraw bad acted in self-defence in the execution of his duty, Mr. Oram said: "McGraw was at an important wartime post and had received certain special instructions on measures to keep this place free from people. In endeavouring to force his way through Plum used menaces and McGraw was in fear of his life. Plumb in his dying depositions said he was drunk.

"If the evidence of LeadingAircraftman Cahill, Mrs. Plumb and Richard James Winter, A.I.F. (who were with Plumb) is to be accepted, McGraw would be guilty of felonious homicide. I don't accept their evidence. They are not only withholding the facts, but, with regard to Cahill and Winter, they have given utterly false evidence."