FOUND GUILTY OF MURDER

Timaru Herald, Volume CXLV, Issue 21210, 3 December 1938, Page 5

FOUND GUILTY OF MURDER

YOUNG MEN SENTENCED TO DEATH JOINTLY CHARGED WITH CRIME United Press Association—By Electric Telegraph —Copyright (Received December 2, 11.44 p.m.) MELBOURNE, December 2. After a trial lasting five days, Herbert Jenner aged 22, and Selwyn Wallace aged 23, were found guilty of the murder of Frederick William Sherry who was shot through the heart on September 1 in a busy street in Clifton Hill, a suburb of Melbourne, when £5O of a £650 payroll was stolen in an armed hold up. The jury recommended both of the prisoners to mercy on account of their youth. The judge sentenced both to death saying that the jury’s recommendation 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 slight consequence in presenting the case as one in which two men were engaged in a criminal enterprise, was because they were jointly responsible for the consequences. Neither accused gave evidence, but Wallace made a statement from the dock admitting his part in the robbery but denying all knowledge of the shooting. Counsel said that Jenner was unable to add anything beyond saying that he did not fire the shot and directing attention to both accused statements of the possibility of a third man being present. The jury first returned finding Jenner guilty of murder with a recommendation to mercy and Wallace as an accessory. The judge did not accept the latter finding whereupon the jury again retired, returning two hours later, finding both guilty with a recommendation to mercy.