FIRED AT BANDIT.

Star (Christchurch), Volume LXIV, Issue 757, 10 May 1933, Page 1

FIRED AT BANDIT.

Dramatic Story of Bank Raid Tragedy. MELBOURNE SENSATION. (Special to the “ Star.”) MELBOURNE, May 4. A graphic story of how he fatally shot the bandit who attempted to rob the Carlton branch of the English, Scottish and Australian Bank, after throw- : ing pepper into the teller’s eyes last Sat rday, was told at the inquest today by the bank’s branch manager, Mr J M. Hayes. The Deputy Coroner (Mr T. O’Callaghan. P.M.) found that Hayes’s action in killing the bandit—John Dixson, 26, . an immigrant farm labourer, of Dudley Street, West Melbourne—amounted to justifiable homicide. Dixson died in the Melbourne Hospital an hour after he was shot without revealing his identity. The teller, Andrew Forsyth Frewin, of The Vicarage, Brighton Road, Elsternwick, who was temporarily blinded by the pepper, was still suffering from its effects when he gave his evidence. He said that at 11.15 a.m. he heard someone enter the bank, and on looking around saw a man climbing up on to his counter. The man straddled the wire screen on top of the counter, reached down, and grabbed a pile of notes, at the same time throwing a handful of suffocating substance into witness s face. Blinded and unable to reach for the bank pistol under the counter, witness staggered back. He heard a shot fired but did not know what happened after that. Fired at Running Bandit. John Michael Hayes, of Trawalla, Orrong Road, Toorak, said he was standing at a desk in the outer office I of the bank, writing in a book, and had his back turned to the door. “ 1 heard the door of the bank open, and glanced around and saw a man enter the bank,” he said. “ I turned to go on with my work, but immedij ately heard the patter of feet, and saw the man jump on to the front of the teller’s box, lean over and grab something. “ I then heard the teller cry out, and knew that he had been injured in some way. “ The man then jumped to the floor, and I picked up my revolver, released the safety catch, leaned over the partition, and fired at him as he was running to the front door. “ He was in a cramped position as I fired at his body, and he fell to the floor and cried out. “ I then went to the teller’s assistance, and rembved him from his box. When I returned, the man was gone. “ 1 went to the front door of the bank, where I picked up a broken bundle of £1 notes and several loose notes on the front doorstep. Half an hour later I went to the Melbourne Hospital, where I identified Dixson as the man I had shot.” Struggle with Woman. Mrs Ethel May Halloran, of Swanston Street, Carlton, said she was in a fruit shop next to the bank when she heard the shot. She ran into the bank and saw a man lying on the floor. She asked, 44 What is the matter?” and he replied, 44 Oh, God!” and pulled at his chest. He tried to get up and she assisted him. He said, 44 For God's sake, let me get out,” and she said, 44 No, you don’t,” and put her arms around him and tried to hold him. He struggled with her and punched her on the right side. She hung on to him till he struggled into Swanston Street, where he got away and ran up a lane. Mr O'Callaghan: You showed great courage indeed in the circumstances. Vainly Sought Work. John M’Kenzie, farm labourer, with whom Dixson boarded in Dudley Street, West Melbourne, said he had known the dead man since 1927. when both were at a training farm in Norfolk, England. They had lived at Dudley Street for seven weeks, and had vainly sought employment. During the week preceding the fatal Saturday Dixson said several times that he would have to get money from somewhere. Plainclothes Constable L. M. Coysh, of Carlton, said that 10 minutes after the shooting he found Dixson unconscious on the footpath at the cornej of Lvgon and Queensberrv Streets, Carlton. On the way to Melbourne Hospital Dixson said. 44 I tried to get something that did not belong to me, and got shot.” When asked if he tried to rob the bank, he replied, 44 Yes. Have you got the other fellow.'’” Dixson refused to give his name, or tell who the other man was. He said. 44 Call me Smith. That will do.” Coroner’s Comments. The Coroner said that authorities applicable to the case were clear that, where a person was in the act of stealing, and employed force or violence to accomplish his purpose, force could be used to defeat the act. If necessary, the life of the wrongdoer could be taken in protection of property by the person in possession of the property. In this case the dead man used pepper, which might have been more effective in incapacitating the teller than if he had used some instrument with violence. While Mr Hayes’s life might not have been in jeopardy, he owed a duty to his employers to protect their property. 44 It is clear that what Mr Hayes did is justified by the law, and so far as any responsibility is concerned, he is exonerated,” Mr O’Callaghan concluded.