GUILTY OF MURDER

Wairarapa Times-Age, 3 December 1938, Page 5

GUILTY OF MURDER

TWO MEN SENTENCED TO DEATH THE MELBOURNE PAYROLL CASE. BOTH ACCUSED DENY FIRING FATAL SHOT. By Telegraph—Press Association—Copyright. 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 in the heart last September in a busy street of the Clifton Hill suburb of Melbourne when £5O of a £650-payroll was stolen as a result of an armed holdup. The jury recommended both men to mercy on account of their youth. The judge sentenced both to death, saying that the recommendation will 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, both, however, denying firing the fatal shot and alleging the presence of a third man whom they could not produce. The Crown contended that this had slight consequence in presenting the case as it was one in which two men were engaged in a criminal enterprise and thus 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. He directed attention to statements by both the accused concerning the possibility that a third man was present. The jury first returned a finding that Jenner was guilty of murder—with a recommendation to mercy —Wallace acting as accessory. The judge did not accept the latter finding, whereupon the jury again retired and returned two hours later finding both men guilty and recommending mercy.

On September 1 bandits held up a motor-car at Collingwood, shot and killed Frederick William Sherry, aged 47, stole part of a payroll for the /employees of the Sherry Shoe Co, Clifton Hill, and escaped in another car. Sherry stopped the car, alighted and tried to escape, but fell in the gutter, whereupon a young masked man leapt from the pursuing car and fired two shots point blank into Sherry’s body. Harry Thomas, who was driving Sherry’s car, went to the latter’s assistance, but was knocked down. Thomas escaped with £550 in his pockets, and the thieves obtained about £l3O, which was in a bag. Sherry had stuffed notes into Thomas’s pockets during the chase.