TRAGEDY OF THE BUSH

Evening Star, Issue 18173, 13 January 1923, Page 14

TRAGEDY OF THE BUSH

DROVER SHOT BY CONSTABLE. ACT OF SELF-DEFENCE. An inquiry into tho circumstances of the fatal shooting by a, constable of Frank Murdock. drover, at "West Cowra, New South Wales, was held recently. Thomas Cozens, drover, of Albury, stated that, on the afternoon of the shooting Murdock came to his camp .at "West Cowra. and interfered in an argument he was having with the council’s officers over sheep on the common. Ho told Murdock to mind his own business and got away. Murdock then dismounted and attacked him with his fists, knocking him down, and punching and kicking him while ho was down. Soon afterwa.rrlis ha saw Constable O’Brien passing, and told him he wanted Murdock arrested for assault. They met Murdock on tho bridge. O'Brien told Murdock ho wanted! him -to com© to the. police station. Murdock, who was on horseback, refused. Ha slipped tho stump iron and- leather from his Kiddle, and made a hit with it at O'Brkn, who had dismounted and was holding Murdock’s hors®. In witness’s opinion, if tho blow bad struck O’Brien it would! have proved- fatal. Murdock broke free and! galloped to his ©amp. Coiiotabla Brio M’Carthy, who fired the fatal shot, said: ho had- been throe years in th© police force, Whil© on duty with Constable Sams and Constable O'Brien' he came to them and said- ho wanted; their assistance in arresting Murdock tor an assault, on Cozens. When witness waa in. Glen Inn-es (Murdock hit a man with a bottle. He also knew that Murdock had been convicted. He was a dangerous man, capable- of doing anything. They ©ngaged a- car and proceeded to Murdock’s camp, When about 200,wb away ho saw .Murdock, in company with! three women, standing near a waggonette. On seeing thorn Murdock, who had an aye, in his hand, came towards them, brai;-':. ing tho axo in tho air. The car puffed up about 60yds from tho camp. Tho police got out and walked .towards deceased, who was still brandishing tho a.xo and using filthy and threatening language. Ho said: “I won’t g owith yon, and you can’t take mo; I'll chop you to pieces with this axe.” .Each officer asked- him to put the axe down. O’Brien said: “I want you to go with me.” Ho replied: “I, won’t go with you; you can't take mo.” lie then called out to O’Brien: “You , I’ll fix you first." Ho started towards Sams, who drew his revolver an til said to Murdock ; “ I call oil you in. the King'd name to stand and- give yourself up.” Murdock then facet! Sams, still blandishing tho axe, and said- to him: “ You big German ; shoot if you're game." He started towards Sams and then stopned, turned to his wife, who was some distance away, and said: “Fetch me tho tomahawk; I’Ll clean these tip. I never missed with that." Witness and Sams both said to Murdock: “Put tho axe- down and com© with us. Murdock replied: “All right, I'll go.” Ho started to walk slowly towards tho car, still carrying tho axe. Sams also started to walk towards Iha car, but thorn stood) where h© was and) said: “Put the axo down; then© fa no occasion to have that.” Murdock turned on him and said: “You . it’s you and me for it.” Mtu-dock rushed- him- with tho axe, adding “I’ll split you down with this ■ axe." Murdock was holding tho axo over his head with both hands, ready to striko. Witness called, out: “Stand, or I’ll shoot,” and stepped l back. Murdock cam© on, and! witness, realising that his life was in imminent danger, fired in self-defencS-Gross-examined by Mr Montgomerie, M’CarUiy Raid ho did not fir© with th© deliberate in.teu.tiou) o£ killing Murdock. Ho did not. aim at any particular spot, but Just drew his revolver aacl fired' straight at -him. It was absolutely necessary for him to shoot to save his life. Ho did nob go there prejudiced- against Murdock, but ho know he was a dangerous man.

The dying depositions of deceased set out that ho' had- no intention of injuring th© constable, but ho may have told Ids wife to get tli© tomahawk.

Constables O'Brien and Sams gave evidence corroborating that of Constable M’Car--i.hy. Both stated that in their opinion, if M'Carthy bad nob fired, deceased would have struck him with tho axe. Tho willow of deceased, in- giving evidence, slated that her husband had had. a good many drinks that afternoon, but ho was not drunk. AVhen tho police arrived- Cone fd-ablo barns covered Murdock with a revolver. Murdock then picked up Win axe. Ho asked tho police what charge was against him, but they would not tell hha* She inquired' of Constable O'Brien what tbo charge was, and ho told hor to mind her own business. Her husband) was four or five yards away from M'Carthy when tho latter shot him. When tho shot was- fired her husband waa loaning on the hand I© of tho axe. Her husband did not threaten th© police. Ho waa fifty-four years of ago, and ho had been married twenty-two years. Ho left seven children. Deceased was very deaf. After hearing tho evidence the Jury returned a vordict of justifiable homicide. Tho foreman stated- that tho jury was convinced that Constable M'Carthy tired to protect hia own life. Tho coroner said ho entirely concurred wjjh tho verdict. tswTHWWMtmmmww ■iwswiw