TRAGEDY OF THE BUSH.

Manawatu Herald, Volume XLV, Issue 2537, 1 February 1923, Page 4

TRAGEDY OF THE BUSH.

DROVER. SHOT BY CONSTABLE. ACT OF SELF DEFENCE. An inquiry into the 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 Wjest Cowra and interfered in an argument he was having with the council’s officers over sheep on the common. He told Murdock to mind Jus own business and get away but Murdock then dismounted and attacked him with his fists, knocking him down, and punching - and kicking him whle lie was down. Soon after lie saw Constable O’Brien passing, and told him he wanted Murdock arrested for assault. They met Mhirdock on the bridge. O’Brien told Murdock he wanted him to come to the police station. Murdock who was on horseback refused. He slipped the stirrup iron and leather from liis saddle and made a hit with it at O’Brien, who had dismounted and was holding Murdock’s horse. In witness’s opinion if the blow had struck O’Brien it would have proved fatal. Murdock broke free and galloped to liis camp. Constable Erie M’Carthy, who fired the fatal shot, said he had been three years in the police force. While on dn|y with. Constable Sams and Constable O’Brien he came to them and said he wanted their assistance in arresting Murdock for an assault on Cozens. When witness was in Glen Innes 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 engaged a car and proceeded to Murdock’s camp. When about 200 yards away he saw Murdock in company with three women, standing near a waggonette. On seeing them Murdock who had an axe in his hand, came towards them brandishing the axe in the air, The car pulled up about 50 yards from the camp. The police got out and walked towards deceased who was still brandishing the axe and using filthy and threatening language. He said: “I won’t go with you, and you can’t take me; 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.” He replied: “I won’t go with you; you can’t take me.” He then called out to O’Brien: “You ——-—, I’ll fix you first.” He started towards Sams, who drew his "revolver and said, to Murdock: “I call on you in the King’s name to stand and'give yourself up.” Murdock then faced Sams, still brandishing the axe, and said to him: “You big German ; shoot if you’re game.” He started towards' Sams and then stopped, turned to his wife, who was some distance away, and said: “Fetch me the tomahawk; I’ll clean these up. I never missed with that.” Witness and Sams both said to Murdock : “Put the axe down and come with us.” Murdock replied: “All right, I’ll go.” He started to walk slowly towards the car, still carrying the axe. Same also started to walk towards the cax - , but then stood where he was and said: “Put the axe down; there is no occasion to have that.” Murdock turned on him and said : “You , it’s you and

me for it.” Murdock was holdiug the axe over his head with both hands ready to strike. Witness galled out: “Stand or I’ll shoot,” and stopped back. Murdock came on and witness realising that his life was in imminent-danger, fired in self defence.

Cross-examined by Mr Montgomerie, M’Carthy said lie did not fire

with the deliberate intention of killing Murdock. He did'not aim at any particular spot, but just drew his revolver and fired straight at him. It was absolutely necessary for him to shoot to save his life. He did not go there prejudiced against Murdock, but he knew he was a dangerous man.

The dying depositions of deceased set out that he had no intention of injuring the constables, but lie may have told his wife to get the tomahawk. Constables O’Brien and Sams gave evidence corroborating that of Constable M’Carthy. Both stated that in their opinion, if M'Carthy had not fired, deceased would have struck him with the axe. The widow of deceased, in giving evidence, stated that her husband had had a good many drinks that afternoonj but he was not drunk. When the police arrived Constable Sams covered Murdock with a revolver. Murdock then picked up an axe. He asked the police what charge was against him, but they would not tel] him. She inquired of Constable O’Brien what the charge was and he told her to mind her own business. Her husband was four or five yards away from M‘Carthy when the latter shot him. When the shot was fired her husband was leaning on the handle of the axe. Her husband did not thenten the polee. He was fifty-four years of age, and he had been mai’ried twenty-two years. He left seven children. Deceased was very deaf.

After hearing the evindence the jury returned a verdict of justifiable homicide. The foreman stated that the jury was, convinced that Constable M’Carthy fired to protect his own life. The coroner,said he entirely concurred with the verdict.