Confronting Murderous Men, page 25
Henry Dinah and his girlfriend, Alma Hart, made good their escape, but Indich was run to ground by Swan District footballer Andy Zilko as he tried to board a goods train. Henry Dinah and Alma Hart were captured in bushland at Glen Forest on Sunday 6 March. Exhausted, hungry and unarmed, they did not resist.
Alwyn Indich stood trial, before Chief Justice Sir John Northmore, for shooting Constable Waltham and causing him grievous bodily harm to avoid arrest. The defence alleged that the group had been drinking ‘pinkie’, cheap wine, and Indich claimed to have been drunk. He claimed to have been firing at bottles when Constable Waltham approached and had turned to shoot one in another direction, bumped the weapon on Dinah and it discharged, hitting the constable. He had run away, stumbled and fell, but managed to get to a slow-moving railcar, which he tried to board, until captured.
Alwyn Indich
Constable Waltham took the stand and cleared various misrepresentations of the events. He walked with the aid of a stick and was still recovering from his injuries. He told how he had approached the men and had seen one of them shooting at something. When he was about 50 metres from him the accused turned and saw him. Waltham drew a revolver and ran towards him calling, ‘Drop that gun!’ Continuing to run, he felt a bullet close to his head and took cover. He called again for Indich to throw out the rifle and avoid more serious trouble. Indich fired again, but missed Waltham, who again called on him to throw out the gun or he would fire. Henry Dinah stood up with his hands raised, followed by Alma Hart; both ran off. Another shot was fired which struck Waltham. He collapsed but fired one more shot at the departing Indich.
The evidence of the prosecution was at odds with what the defence offered and the jury took 30 minutes to bring in a guilty verdict. Indich was sentenced to seven years hard labour.
Constable Waltham recovered to resume duty.
CHAPTER 16
1936
Mrs Aimee Isabella Milne and Plainclothes
Senior Constable Frederick Milne
Newtown, Geelong, Victoria
Aimee Milne
The cases involving firearms show that criminals – stupid, hateful men – were unconcerned about human life, be it policemen or members of the public going about their business. There were other cases, many of them involving firearms where police were not wounded and yet more where other weapons were used that maimed and injured. One case that stands out by its vileness was an attack on the home of Plainclothes Senior Constable Frederick Milne at Geelong, on 13 July 1936. Two explosive devices, thought to be bound sticks of gelignite, were thrown through a bedroom window where Milne and his wife, Aimee, were sleeping. Two loud explosions were heard over a wide area as the roof of the house was blown off and the centre of the blast site was destroyed. Two of their children were asleep at the rear of the house and were unharmed. Their 19-year-old son was absent.
Aimee Milne, who was 40 years old, was thought to have heard the device as it was thrown through the window. She got up and attempted to throw it outside. A second device was thrown into the room and she was killed. Her body was found outside the severely damaged house. Frederick was protected somewhat by bedclothes and was blown through the floor. He suffered deafness, which he would carry for the rest of his life, shock and lacerations. He stumbled through the ruins in an attempt to find his wife, though blinded by dust and debris, calling for a light to assist him. The area was littered with burning kapok, splintered materials, smoke and dust.
Aimee Milne was born Amy Isabella at Miner’s Rest, near Ballarat, Victoria, in 1894 to Isabella Ferguson and George Charles Scobie. Her second name was recorded as Isabella, but Isabel or Isobel were also used. She and Frederick Milne, who was born at Ballarat in 1890, married in 1915 and had three children, George, who was 19 years old at the time of his mother’s death, Valerie Chloris, who was known by her second name, who was 14, and Norman, who was just nine.
The destroyed Milne home
Frederick Milne would later tell the coroner at the inquest into his wife’s death that he believed Edward George Carr, a motor dealer he had charged on three or four occasions, to be responsible. Carr had issued a writ for £1000 against Milne for illegal arrest. The case was to be heard on 14 July, the day after the bombing, but Carr had the writ withdrawn. He admitted having served five gaol terms and one conviction concerned the possession of gelignite and fuses, but claimed they had been left in his car by a miner he had given a lift.
Investigating police learned that on the day before the attack on the Milne family, 160-odd sticks of gelignite had been stolen from a quarry not more than 3 kilometres from their home. The timing and proximity would have aroused their interest, but was short of links to the outrage.
Milne told the inquest that on Thursday before the bombing he was asked to meet a man named David McIntosh, away from the police station. McIntosh told him that Carr was willing to withdraw the writ if Milne would withdraw a fraud charge. Milne told McIntosh it was impossible and McIntosh told him that he would be sorry and would have to abide by the consequences. On another occasion he said, ‘Carr is a bad man and would just as soon throw a bomb and get a gallon of petrol and—’ Milne could not finish the sentence as he broke down and wept.
Although the finger could be clearly pointed at Carr, the evidence needed more support, which wasn’t forthcoming. McIntosh was a low character to have done the bidding of a man like Carr. As a myrmidon who conveyed Carr’s threats, he was highly unlikely to turn against him.
Carr was a loathsome criminal, a bottom-feeder who lived opportunistically off others in the parasitic and brazen way of his kind. In the same year that Aimee Milne died he was sentenced to 18 months hard labour for garage stealing and receiving. Before the year was out he would attract further attention, which earned him more time.
In 1946, Carr’s true character came to the fore when he and Horatio Raymond Morris were charged with the murder of two men whose bodies had been recovered from the Barwon River at Geelong. The men, Ernest Dew and William Sheargold, had attended Carr’s home and demanded money, which led to a fight. Morris shot one of the men in the leg and allegedly retreated. Carr remained at the fracas and more shots were heard. Postmortem examinations of the bodies revealed that each man had been shot in the head.
Edward George Carr. PROV Central Register for Male Prisoners 40317–40738, page 320 Vol 81; Prisoner number 40636, image 340
Horatio Raymond Morris PROV Central Register for Male Prisoners 42843–43242, page 57, Vol 87; Prisoner number 42899, image 65. A.
In September, at the Geelong City Court, the police sought leave to withdraw the charges of murder against the two men and in their place each was charged with wounding with intent to murder; in the case of Morris the victim was Sheargold and Carr’s victim was James George McKenna. Those indictments were later amended to wounding with intent to cause grievous bodily harm.
Carr was found guilty at his Supreme Court trial on 17 October 1946 and was sentenced to three years hard labour. Mr Justice Martin was told that though he had a long criminal history he had never been convicted of a crime of violence. The judge commented that his record was appalling, leading one to think that for almost 20 years he had done nothing but be involved in crime. He thought it time he was declared an habitual criminal and that order was made. It meant that at the expiry of the three-year sentence, Carr would be detained at the Governor’s pleasure. He was released on 13 February 1950. At three years and four months it was an example of justice at its lamest.
Frederick Milne was an active investigator who had run foul of his superiors in 1933 while working from the CIB in Melbourne. He was disrated to senior constable the same year and transferred to Geelong, where he continued his investigations. He was eventually promoted to detective sergeant and served for another 14 years. He died in 1964 at 74 years of age and rests with his wife.
Frederick Milne, c.1950s. Courtesy Victorian Police Museum
In 2019, Aimee Milne was recognised for her vicarious service to her husband, the police force and the people of Victoria by the presentation of the Victoria Police Star, which is normally awarded to police who have been seriously injured or die as a result of their duty. It is the first award presented in this way.
CHAPTER 17
1939
Constable Lionel George Guise
Newtown, New South Wales
Lionel Guise
Lionel Guise joined the New South Wales Police Force in November 1937 and had spent some time at Darlinghurst during his probationary period. In August 1938, he was transferred to Newtown. He was called ‘Bob’ by his family and friends, possibly because his father was also Lionel George; to compound possible confusion, Lionel senior had also joined the police force, in 1919, and worked at Newtown, but only for his probation period, leaving the force in 1920.
These postings may have been an eye opener for the younger Lionel Guise from Parkes, who had left his labouring position there at just 21 years of age to move to the ‘big smoke’ and expand his horizons. Inner city Darlinghurst and Newtown divisions experienced more than their fair share of the rough and tumble of city life and duty there was challenging, with little respite.
Six months after taking up his position at Newtown, Constable Guise and Sergeant Sidney Werner were working late. Shortly after 1.15 am on 26 February 1939, they were told by nightwatchman Special Constable Frank Yule that he had seen two men acting suspiciously in Marian Street, Enmore. Werner, Guise and Yule attended immediately and Guise parked in front of a lorry, which two men ran from in different directions. Constable Guise chased one and Sergeant Werner and Yule, the other. Soon after, the sergeant heard gunshots and knew that his constable was in trouble. He fired two shots as an alarm.
A Mrs Martin was woken by the shots, went to her balcony and saw a man running away from the fallen Guise. Doubled up in pain, Guise called ‘Police – quick, quick – ambulance – help – help.’
Mrs Martin ran to a neighbour and rang Newtown police station.
Neither Werner nor Yule could drive, so they found someone who could to take them to Reiby Street from where they could hear groaning coming from Don Street. There they found Constable Guise. Yule shone his torch on the constable lying on the ground. Guise said, ‘They got me, Scotty. I don’t know them this time, but I’ll know them again. I had him. We were struggling, and my gun went off. Do something for me.’ Yule attended to the stricken man and found his service pistol under his body.
Samples of blood leading from the scene were taken by the police and when analysed were found not to be that of Constable Guise. His assailant had been wounded.
Sergeant Fitzgerald, from Newtown, accompanied Guise in the ambulance to Royal Prince Alfred Hospital. Fitzgerald asked Guise what had happened and he replied, ‘I was chasing a man. I got him and was shot in the struggle. He was a tall, dark man.’ He said nothing more until in a moment of consciousness he made a dying declaration at the hospital before Mr Macreadie, Chamber Magistrate, which read, ‘We had a fight. My gun went off. The other man did not have a gun. I don’t know — I don’t know these people. One ran one way, one another. I caught one. He threw a torch, missed. We had a scuffle. My gun went off. I felt a terrible pain. I shot from the ground at the man. I don’t know whether I hit him or not. He was about 35 years old.’ The attending doctor spoke with the magistrate and the proceedings stopped. One of Guise’s shots had gone through his assailant’s arm.
Detective Wilson of Mascot had been with Constable Guise at the hospital earlier when he said, ‘I’ve just had a fight with a fellow and got shot. I don’t think I will last long.’ He grimaced in pain and continued, describing the man and reiterating that he did not know him but could recognise him again. He then fell into unconsciousness and would not gain an opportunity to identify his assailant. Lionel Guise died of his wound at 8.10 am, six hours after his admission to hospital, during which time five of his comrades and one member of the public had provided blood in an effort to save him.
Constable Guise’s parents left Parkes to travel to Sydney to see their son, but he died an hour after their departure. He was the eldest of their six children and their only son. With him at the hospital was Jean McManus of Dulwich Hill. They planned to marry in 1940.
On 28 February, Constable Guise was afforded a police funeral at Holy Trinity Church of England, Dulwich Hill, and later, at Rookwood Cemetery. Commissioner Mackay and Deputy Commissioner Lynch attended and police were joined by firemen and ambulance officers. Public sentiment was raw as displayed by thousands of people who lined the streets to pay their respects to the first constable killed malevolently in New South Wales since constables Allen and Andrews in January 1931. He was just 22 years of age and had served for only 14 months.
Investigations continued despite the obsequy for their fallen comrade. With little to advance their task they canvassed an area in Paddington where the lorry used by the men had been stolen from a garage. They learned that two men had been seen on the roof of the garage at 10.30 pm on 25 February, and a third man waited outside. Descriptions were obtained and widely circulated. Doctors, ambulance stations and hospitals were checked for a man suffering gunshot wounds. Sufficient information was gleaned to target two suspects.
On 27 February, 25-year-old Leslie William Murphy and Stanley Arthur Dayment, 26, were found in a house in Paddington. Murphy was wounded in the left arm, which was bandaged. They were arrested and charged with murder.
Acting City Coroner Wood concluded the inquest into the death of Constable Guise on 21 March 1939, finding he had died of a wound feloniously inflicted by Murphy. He then heard matters relating to the incident including the break enter and stealing of two lorries from McIlrath’s Ltd at Oxford Street, Paddington. Both accused were remanded to the Central Police Court on 13 April. The charges of murder against both men were withdrawn. Dayment had run in a different direction to Murphy and although in the act of committing a felony with him, his connection with the shooting was tenuous. Neither man appeared to have been armed. Murphy was charged with manslaughter.
Leslie William Murphy. NSWSA RNCG-617-1-[17/1533]-31830
Murphy appeared for trial at the Central Criminal Court in June before Mr Justice Owen. Crown Prosecutor McKean KC opened the case with a restatement of the law
If a person resisted lawful apprehension, and did something which brought about the death of a police constable, such a person would be guilty of manslaughter. It was alleged that a struggle took place between Guise and the accused, and Guise lost his life while lawfully apprehending the accused. If the jury accepts that contention beyond reasonable doubt, then it could return a verdict of guilty. If there was no struggle by the accused with Guise, then the Crown’s case failed.
Murphy’s defence claimed that at no time was there a struggle and that Murphy had nothing whatever to do with bringing about the death of Guise. This line was reiterated by Murphy in his unsworn statement from the dock. The jury retired and Mr Stoneham for the defence submitted that a policeman had no legal right even to draw a revolver, let alone use it for the purpose of effecting an arrest. He asked the judge to direct the jury accordingly. Justice Owen replied, ‘I am not going to rule that if a person resists arrest or seeks to break away a constable is not entitled to present a revolver at him, and order him to stand.’
On 14 June, the jury returned a verdict of guilty. The judge said that the prisoner had a terrible record of crime and in the past had been dealt with very leniently. But he was not a gunman. He was sentenced to three years imprisonment.
Murphy appeared before Mr Justice Markell at Sydney Quarter Sessions days after his sentence, and pleaded guilty to two counts of shop-breaking and one of being found at night with housebreaking implements. He was sentenced to two years imprisonment to commence at the expiry of his manslaughter sentence.
Stanley Dayment appeared before Mr Justice Barton at Sydney Quarter Session on 14 April 1939, and pleaded guilty to breaking into McIlrath’s Pty Ltd on 25 February and stealing two lorries. He also pleaded guilty to a second breaking offence. He was sentenced to 12 months imprisonment on each charge, to be served concurrently.
Government Medical Officer Dr Clarence Percy told the inquest into the death of Constable Guise that in his opinion the shooting was not accidental. He assessed the shot having been fired two or three inches from the constable’s coat and entering his abdomen. From the course taken by the bullet, the constable’s arm would have had to be in a constrained or unnatural position. The bullet had passed through his abdomen and lodged in his left hip joint after entering his right lower side near the bottom button of his coat and passing through his trouser fob pocket. Sadly, the millimetres that can win against the odds had not been in Lionel Guise’s favour.
CHAPTER 18
1940
Constable Laurence Buzza
Nannup, Western Australia
Laurence Buzza
Twin brothers Ronald and Albert France, the first born of seven children of Elsie and George France, lived at Carlotta Brook, 14 miles (22 kilometres) from Nannup in Western Australia’s south-west region. About a mile from their parents’ farm, labourer Herbert Coverley eked out a living on the sustenance program, which provided relief work for those unable to find secure work. It was a harsh work-for-the-dole scheme and public calls were being made for it to be scrapped. The Argus, in Melbourne, summed up this type of program, which had provided very mean and basic ‘susso’ (sustenance) during the Depression:
