MELBOURNE BANDITS

Grey River Argus, 5 December 1938, Page 8

MELBOURNE BANDITS

Sentenced to Death MELBOURNE, December 3. After a trial lasting live days, Erbert Jenner, twenty-two and Selwyn Wallace, twenty-three, were found guilty of the murder of Frederick William SheiTy, who was shot in the heart on September 1, in a busy street in Clifton Hill, a suburb of Mlebourne. Bandits held up a motor-car and shot and killed Sherry, who was aged forty-seven. They then stole a bag in which Mr Sherry usually carried the pay-roll for the employees of the Sherry Shoe Company, of Clifton Hill, and which contained £5O, and escaped in another ear. The bandits waited outside the bank where Sherry was drawing his employees’ money, and followed his car, at which they fired two shots.

Sherry stopped the car, alighted and tried to escape, but fell to the gutter. A young masked man then leapt from the ' pursuing car and fired two shots point blank into Sherry’s body. Henry Thomas, who was driving Sherry’s car, went to his assistance, but was knqcked down, after which the bag was stolen. It was later ascertained that the bandits got little when they stole the pay-roll bag as Sherry had transferred £550 to Thomas’s pockets while he was running away from the car. The Sherry brothers had a similar experience last March. When returning from the bank with a pay-roll of £6BO, they were pursued at high speed for a mile and a half, but they finally escaped. The judge sentenced both men to death, saying the jury’s recommendation to mercy on account of their youth, would be forwarded to the proper quarter. Wallace was arrested in Melbourne on September 6, and Jenner not till October 20, in Sydney. The Crown evidence was that both admitted being concerned in the robbery, but both denied firing the fatal shot, alleging the presence of a third man, who was not produced. The Crown contended that this was of slight consequence, presenting the case as one in which two men were engaged in a criminal enterprise, and were jointly responsible for the consequences. Neither accused gave evidence, but Wallace made a statement from the dock, admitting his part of the robbery but denying.all knowledge of the shooting. Counsel said Jenner was unable to add anything, beyond saying he did not fire the shot, and directing attention to the statements of both accused that a third man was present. The jury first returned a finding that Jenner was guilty of murder, and made a recommendation to mercy. It found that Wallace was an accessory. The judge refused to accept the latter, whereupon the jury again retired, returning two hours later with a finding that both were guilty, and making a recommendation to mercy.