KILLING A CONSTABLE.

Otago Daily Times, Issue 19021, 17 November 1923, Page 7

KILLING A CONSTABLE.

EIVE YEARS AND A WHIPPING. AN AUSTRALIAN SENTENCE. (From Oue Own Coreesponeent.) SYDNEY, November 8. A youth named Frederick Janies Smith, who hist month, at Swan Hill (Victoria), deliberately fired at and killed Constable Delaney, received a sentence of five years, with a whipping, at the , Melbourne Criminal Court yesterday. , . , Mr Justice M'Arlhur, ia sentencing Smith, said that the prisoner was aged only 15 years, but there was nothing to suggest that ho was mentally deficient- There was no doubt, that Tie was a physically strong and healthy boy. When before the Bendigo Court, Smith had admitted that he had stolen property and also the cartridges used to fire the fatal shot. On tho clay that Constable Delaney called at the house in which Smith was in hiding, ho (Smith) went deliberately into the bedroom where the gun had been placed, look it loaded as it was, and ordered Constable Delaney to “put up his hands.” When Delaney, instead of obeying, rushed forward, Smith calmly placed the gun to his shoulder and shot the unfortunate man. In a voluntary statement Smith had admitted these facts. Ho. however, denied them when giving evidence in the witness box, and had declared that tho shooting was a pure “You have, therefore,” said Mr Justice M'Arthur, “added to your offence by telling lies in tho witness box. 'The jury did not find you guilty of the graver charge; but of manslaughter. For that you must bo adequately punished. Tho court must declare definitely that the promiscuous firing of guns —whether by young or old —has to be put down with a firm hand. I intend to inflict a sentence upon yon that in mv opinion is well deserved, and one that I hope will act as a deterrent to others—young or old—who may be inclined to launch out upon a career of crime.” Smith was sentenced to five years’ imprisonment, and was ordered to receive a jirivate whipping of 10 lashes of tho birch, to be administered within three months of receiving the sentence.