Confronting Murderous Men, page 30
June Lomax married and had children. She died on 1 December 1979 at 55 years of age.
O’Meally is thought to have died in Queensland in 1995.
CHAPTER 23
1952
Constable William Bryan Condon KPM
Katherine, Northern Territory
William Bryan Condon. Courtesy Northern Territory Police Museum and Historical Society
A dangerous task after an ordinary day’s duty ended the life of Constable William ‘Bill’ Condon. Stationed at Maranboy, Constable Condon was called to Katherine, some 70 kilometres away, to assist with the race carnival held on the weekend of 7 and 8 June 1952. A major event for the region, it attracted a large number of visitors from across the Northern Territory and beyond, and was to end with a gala ball on the evening of 9 June.
In an all too familiar way, Constable Condon’s story echoes some of those told of fallen police who had served in wartime in defence of freedom, only to fall when back on home soil. Condon had done what others before him needed to do to gain police employment; he gave a false birthdate to ensure he met entry standards of the Northern Territory Police Force. He was born in Victoria on 24 December 1918 and when young lived with his parents in Sydney. His father died in October 1928, when Bill was only 9 years old. Not four years later, his mother died, and he was orphaned. He was taken in by his aunt, Florence Coolahan nee Condon, and raised with her family. He became a duco spray painter until enlisting in Sydney in June 1940, giving his correct date of birth. He served in the Middle East, New Guinea and Borneo, until November 1945.
Condon, for reasons best known to himself, left his trade and joined the Northern Territory force on 18 January 1949, giving his birthdate as 22 December 1922, shaving four years off his age. He and Marie Agnes Mitchell married in Sydney in 1951; like Mrs Aeneas Gunn before her, Marie followed her husband to the Northern Territory. And like the famous author of We of the Never Never, she would be widowed within a year of arrival.
About 6.30pm on 9 June, 23-year-old Terence Charles Stapleton, a plant operator of Katherine, took his evening meal at a cafe before suddenly rushing to his home, where he gathered a .303 rifle and a revolver. He returned to the main street within half an hour and approached taxi driver Leslie March and asked to be driven to the racecourse to look for a local driver, Ron Brown. March told him he had other fares booked and would be some time. Stapleton pointed a rifle at him and demanded to be driven. March pushed the rifle away and Stapleton hit him on the wrist with a torch. He then sat in the taxi and menaced March, pushing the barrel of the .303 rifle into him. He was driven around the town for about 15 or 20 minutes without finding Brown. He then said, ‘Shake hands with me, Les, as tomorrow you probably won’t see me.’ March asked, ‘Are you going away?’ Stapleton replied, ‘No, but tonight blood will flow and I will go down in history.’ March drove into the main street and Stapleton left the taxi. When March asked him to pay his fare, Stapleton reached into his pocket and pulled out money and bullets, but had trouble sorting them. He said, ‘I can’t sort it out. I will pay you tomorrow.’
Immediately, March drove to the police station, where he saw Constable Condon and told him what had happened. Condon was told to get into the police truck by Sergeant Jim Mannion, who had already been advised by phone that an armed man was in the street. The truck door was jammed so Condon went with March in the taxi to where Stapleton was seen in Katherine Terrace, standing near the cafe. Constable Condon walked around the rear of the taxi to approach him. He had taken one step away from the vehicle when Stapleton raised the rifle and shot him in the left leg. Condon fell to his left and onto his left knee, rose and staggered forward, but a second shot, which hit him in the stomach, felled him.
Sergeant Mannion followed the taxi, and heard two shots. He saw Stapleton point the rifle at him. Holding onto the steering wheel he lay horizontally across the front seat of the police truck and tried to keep his legs straight. Stapleton fired and Mannion was struck in the thigh and wounded superficially. The truck came to a standstill and Mannion went to Constable Condon, who, writhing in agony, managed to say, ‘Jim, he got me in the guts.’ Mannion saw Stapleton on Roper’s verandah levelling the rifle at him again so he dropped to one knee and fired. Stapleton moved off without being hit. Mannion got two people to attend to Condon and confronted Stapleton, who again made to shoot. Mannion fired and missed once more. He last saw Stapleton trotting across the street.
Sergeant Jim Mannion GM. Courtesy Northern Territory Police Museum and Historical Society
Dr Keith Dudson attended the fallen constable in the street and had him removed to hospital, where he died shortly after admission. He was found to have a wound to his left leg and another to his abdomen, which had exited at his back near the base of his spine.
James Joseph Mannion’s decisive action in the face of grave danger was a credit to a man who had seen danger many times. He, too, had served in World War II in the Middle East and New Guinea. He and Bill Condon had both served in the 2/27 Battalion AIF and both had been wounded in action, Mannion by gunshot wounds in both thighs.
The gala ball and all entertainment in the town was abandoned. People locked themselves away and taxis refused to take fares. Marie Condon, who had accompanied her husband to Katherine, was cared for by friends. With the gunman on the loose, people were uneasy as they waited for him to be brought to heel. They wouldn’t have long to wait.
* * *
It later transpired that Stapleton had been at the cafe with Sheila Peckham,32 with whom he apparently lived, and a man named Doug Roberts who was known as ‘The Squeaker’. As she was about to sit down, a man, presumably Ron Brown, pulled the chair from under her and she fell to the floor. She left the cafe and walked towards her home. Enraged, Stapleton hurried from the cafe and ran past her. Sheila Peckham found him standing beside a bed with a revolver in his hand. He was loading bullets into a bandolier. Sheila told him to have a sleep, but he asked, ‘Where’s my rifle?’ When she replied that she didn’t know, Stapleton pushed the revolver into her back saying, ‘You’d better hurry up and find it.’ Sheila found the rifle on the floor and gave it to Stapleton, who left hurriedly, saying, ‘Don’t forget to write to my mother and explain.’
Slighted by this affront to his companion, Stapleton had become murderously enraged and went to look for Ron Brown, but not before ensuring his mother would know of his fate.
* * *
The next day word was passed to police that a man was seen about a half mile out of town armed with a rifle. Constable Thomas Hollow of Pine Creek rushed to the area accompanied by trackers, where he found Stapleton sitting on a pipeline with a rifle and bandolier beside him. Hollow rushed him and he was held. The holster attached to the bandolier was empty. Asked where the pistol was, Stapleton said he didn’t know but may have lost it down by the river. It was a quiet end to the tragedy and violence of the night before.
Stapleton and Constable Thomas Hollow. Courtesy Northern Territory Police Museum and Historical Society
Stapleton was searched at the Katherine police station, and a .38 calibre revolver was found in his belt in the small of his back between his skin and shirt. It was fully loaded and more .303 and .38 bullets were found on him. He had stated he was not well when arrested; perhaps he wasn’t, and not of a mind to use the secreted weapon. It would have been wise to search him when he was seized.
Asked by Sergeant Mannion what had happened the previous night. He shrugged his shoulders and said, ‘Your guess is as good as mine.’
Mannion: ‘Do you remember being down the street last night?’
Stapleton: ‘Yes, but I don’t remember shooting Condon. I saw someone rush at me and I fired.’
When Mannion told him he would be charged with murder and attempted murder, Stapleton replied, ‘If I had known it was going to be like that I might have given you some fun.’
Constable William Bryan Condon was laid to rest at the Katherine Memorial Cemetery later that day. Now that his killer had been apprehended, the shocked but relieved community came out in force to attend. Police from Darwin came, as did people from Maranboy, all to show their respect for a man who had fallen in their service.
Stapleton was committed for trial after coroner John Crang SM33 heard evidence from those concerned with the events and found that Constable Condon had died as a result of a bullet wound from a rifle fired by Stapleton.
His trial opened at the Northern Territory Supreme Court on 5 August 1952, before Mr Justice Kriewaldt and a jury. The basic evidence was not disputed, though the defence leant heavily on Stapleton being insane. To this end Dr Charles Brothers, a Victorian psychiatrist, told the court that at least six of the accused’s close relatives were confined to asylums or were known to suffer mental disorders. He diagnosed the accused as being in a state of schizoid psychopathy. The jury took four hours to return a verdict of guilty of murder and Stapleton was sentenced to death.
An appeal was made to the High Court on the grounds that the verdict should have been manslaughter as Stapleton was not capable of forming the intent to murder, or not guilty on the grounds of insanity since the evidence showed that he was mentally defective at the time the fatal shot was fired. Counsel also argued that the trial judge had not directed the jury on certain facts and had misdirected them on others. Mr Sandery for the Commonwealth argued that the judge’s summing-up was satisfactory and that the verdict was a proper one and it was unlikely that the jury could have been misled on the whole of the summing up.
Advice had only just come to hand that the list of jurors had not been made available to the appellant and had it been, two of the jurors would have been found to be ineligible, as both came from Ireland. Mr Pickering stated that no objection was taken at the trial as ‘we simply did not know’. He contended that the accused had been denied his right of challenge.
The court comprised Sir Owen Dixon, Mr Justice Kitto and Mr Justice Webb and they were unanimous in allowing the appeal. They had agreed to allow the application to appeal as the appeal itself and ordered a retrial.
Second trial
That trial began on 26 November at Darwin and Justice Kriewaldt again presided. Dr Brothers again gave his evidence and Dr Forgan was called by the prosecution. Both said Stapleton was insane at the time of the shooting. A new witness was called who gave evidence of drinking with Stapleton on the afternoon of the shooting and it was his opinion he was sober. Crown prosecutor Mr Edmunds put it to the jury that the actions of Stapleton were ‘an ordinary common act of a man shooting when about to be apprehended’. He asked for a verdict of guilty. Mr Lyons, again for the defence, asked the jury to bring in a verdict of guilty of manslaughter with a recommendation to mercy, or not guilty but insane. Mr Justice Kriewaldt, in his summing-up, stressed the need to decide whether a man who was pulling a trigger and knew the consequences of his act knew he was doing right or wrong.
The jury retired at 4 pm on 27 November and returned several times to have parts of the evidence and the judge’s summing-up reread to them. They returned before 7 pm and told the judge there was no likelihood of them reaching an agreement. He sent them back to try, but they returned at 12.45 am without reaching a verdict and were discharged. Justice Kriewaldt indicated that a new trial would be set down at the next sittings of the Supreme Court.
In February 1953, the Palace of St James announced the Queen’s approval of the King’s Police Medal for Gallantry to be awarded posthumously to Constable Condon.
Third trial
On 5 May 1953, the third trial began in Darwin, again before Mr Justice Kriewaldt. The evidence was again presented, and the jury were locked up for the night. A new witness named McCoy gave evidence that before the first shot at Constable Condon he heard Stapleton say, ‘Cop this.’ Then, as the constable was trying to get to his feet, he heard Stapleton say, ‘You may as well cop this, too,’ before shooting him again. It was to show the callous indifference of the accused. Stapleton may have shot again as Condon instinctively moved forward. Had he remained on the ground he may have survived, but his split-second decision was to continue his duty and not squib it.
Dr Charles Brothers reiterated his belief that the accused was temporarily insane at the time of the shooting and was not capable at that time of distinguishing right from wrong. The prosecution called Doctor Dudson, medical officer in charge of Sunbury Mental Hospital, Victoria, who examined Stapleton the morning after the shooting. Dr Dudson had worked under Brothers at Hobart for several months; he stated that in his opinion Stapleton would have realised at the time that his conduct was wrong judged by standards of reasonable men. His appearance did not give any indication he had been drinking heavily the previous day.
Dr Forgan was again called and told of examining Stapleton late in 1952 at Fannie Bay Gaol. ‘He knew that by ordinary standards his act was wrong. For a short time that night he was certifiable,’ he said. He described Stapleton as a person of unstable personality with a bad family history of mental disorder, and that he was of a type liable to take offence easily. Both the judge and the Crown pointed out to the jury that it only had to be proved for the accused’s defence on a plea of insanity, that on the balance of probabilities, he was sufficiently deranged for the distinction between right and wrong to disappear. The Crown prosecutor stated that cranks and people with various odd kinks may be mentally disturbed, but it did not absolve them from being not responsible criminally for their acts. He recalled the remark Stapleton had made to the taxi driver, ‘Shake hands with me, Les. Tomorrow you probably won’t see me. Tonight blood will flow and I will make history.’
The trial continued the next day and the jury retired to consider their verdict. Ninety minutes later they returned with a verdict of not guilty due to insanity. Stapleton smiled, shook hands with his counsel and chatted with the warder who guarded him. Justice Kriewaldt told Stapleton he would be returned to gaol until a determination by the Governor General was made. The verdict was required in that form in the Northern Territory, whereas in other jurisdictions it would be stated as ‘guilty but insane’.
Terence Charles Stapleton was detained at the governor general’s pleasure and was taken to Pentridge Gaol. By 1972 he was free and living with his father and others at Mt Stuart, in his native Tasmania. His occupation was given as plant operator, as he had been in the Northern Territory. He died in Hobart on 18 January 2001.
* * *
On 6 February 1954, at Government House, Sydney, Mrs Marie Condon was presented with her late husband’s medal by the young Queen Elizabeth II. The Queen’s Police Medal did not replace her father’s until later that year.
Mrs Condon was widowed for 34 years and died on 10 July 1986, at 78 years of age, her death notice announcing simply, ‘Dearly loved wife of Bill’.
Constable Condon was quickly replaced at Maranboy by Constable John ‘Jack’ Cooke. A little over a month after Condon was killed, Cooke confronted Donald McNeil, aged about 30 years, after receiving a complaint from a woman about his behaviour at a Maranboy sawmill. McNeil was carrying two rifles, one a .303 and the other of .22 calibre. The constable asked McNeil why he had been drinking in defiance of a prohibition order and asked him to hand over the rifles. He attempted to take the .303 rifle from McNeil, who said, ‘Don’t start anything with me, copper, or it will be the last thing you ever do.’ McNeil let go of the larger weapon but jammed the barrel of the .22 rifle into Constable Cooke’s stomach, closed the breech and cocked it. Cooke pushed it aside and struggled with McNeil, both men falling to the ground. Cooke managed to handcuff McNeil and arrest him. McNeil stated, ‘I’ve shot a man before and my God, I’ll shoot you too.’ Both weapons were loaded. He was charged with breaching a prohibition order pending further charges.
McNeil, a miner from Yeuralba tinfield, appeared before Mr L Stutterd SM days later and was committed for trial on a charge of assault with intent to commit a felony, to wit, murder Constable John Cooke. A result is not recorded, possibly indicating the matter was downgraded to a lesser charge.
CHAPTER 24
Not the end – It never ends
1952
Motor Traffic Constable Stanley Swaine
Mile End, South Australia
The year 1952 had not yet finished with the dangerous path trodden by policemen when on 22 September traffic constables Raymond Morros and Stanley Swaine noticed 38-year-old motorcyclist James William Turner riding near the intersection of West Terrace and Currie Street, Adelaide. The vehicle was emitting a very loud noise and was travelling at high speed. He was pursued into Henley Beach Road, Mile End, and stopped near the Bakewell Bridge. As the constables approached Turner, he produced a sharpened screwdriver from his jacket and raised it in a threatening manner.
Swaine said, ‘What is the matter with you?’ Without answering Turner moved on Swaine, who tried to restrain his arm, but was stabbed in the face. Swaine stepped back, stunned and bleeding heavily. Constable Morros, who had moved behind Turner, closed with him and both fell over the motorcycle. As they struggled, Turner raised the screwdriver at Morros, who tried to restrain Turner’s hand, which he had freed to aim the screwdriver at his chest. Constable Swaine drew his pistol, calling loudly, ‘Drop it, drop it!’ and fired one shot, which struck Turner, killing him instantly.
Blinded by blood, Swaine could not clearly discern what had happened and was taken to hospital in a passing taxi engaged by nurse Elaine Poole, where he was treated for serious facial injuries and blood loss. He told the coroner he took the risk of firing at Turner as he considered he was about to stab Constable Morros. Medical evidence showed that if the screwdriver had entered Swaine’s eye it would have killed him. It had entered his forehead and travelled through to his eyebrow. The coroner found Constable Swaine was justified in shooting the deceased.
