Detective killing:  police are silent

SYDNEY, Monday. — A high-level inquiry into the fatal shooting of a young detective continued today, but senior officers refused to say what progress had been made.

Detective Constable Denis Robert Ware, 24, a special duties officer, of Sutherland police station, was shot dead during a “stake-out” last Friday night.

It is believed Detective Ware was shot by another detective who had seen movement in the bushes, where Ware was hiding.

Surrounding ‘decoy’ car

The police were surrounding a “decoy” car in bush land in an attempt to catch a rapist who has recently attacked courting couples in the area.

A young policeman and a policewoman sat in the decoy car pretending to be lovers.

A CIB riot squad detective with an automatic pump-action shotgun crouched behind them in the back seat.

Within minutes of the shooting Police Commissioner Allan had ordered CIB Superintendent Lendrum to the scene to start an immediate investigation.

Today the investigation was still continuing under Detective Inspector W. G. Clyne.

Funeral of shot policeman held

SYDNEY, Tuesday.

Detective Constable Denis Robert Ware was buried at Woronora Cemetery today.

Detective Ware died last Friday night during a police attempt to catch a rapist at Loftus in a lover’s lane, known as “Mad Mile”.

A police officer fired three shots, one of which hit Detective Ware in the chest.

A departmental inquiry is under way and a coroner’s court hearing is to be conducted.

The Police Commissioner, Mr Allan, the Metropolitan Superintendent, Mr. E. Lynch, and the chief of the CIB, Detective Superintendent R. Lendrum, were among those at the funeral.

Many of Detective Ware’s police friends and private friends attended.

THE SHOOTING OF CONSTABLE HERBERT.

[FROM OUR CORRESPONDENT.]

AT the Police Office, Carcoar, before Mr. L. V. Dulhunty, P.M., the fatal shooting case was reopened this morning, by order of the hon. the Attorney-General.

James Cook was charged by Thomas Roberts, sub-inspector of police of the Carcoar district, with firing at and wounding senior constable Herbert, while on duty in the bush, of which wounds the said J. R. Herbert died.

Charles Lydiard, superintendent of the Western police, swore that he accompanied Mr. W. M. Rothery, J.P., on the 4th April last, to Canowindra, for the purpose of taking the sworn statement of constable Herbert, who was lying dangerously wounded at the police station there ; it was taken in the presence of the prisoner, James Cook ; saw Herbert make his mark to the statement, and I witnessed it. Statement put in and read, as follows :—

“I, John Redman Herbert, went out on the 28th of March to look for bushrangers, in company with constable Ambrose, Cook, and Peter the black tracker.

We went to Molong ( sic ), then to the Nyrang Creek, and then went into camp, at dusk, on the Mogong Creek.

We had some tea, when I proposed to visit a certain place in company with constable Ambrose.

I told Cook to short-hobble the horses, and take care that they did not get away, and be careful not to fire or shoot any person that he did not know. I took the top off my powder flask, and showed him how I would blow on it as a signal, if we came back before morning.

We then left the camp on foot, and returned about 12 or 1 o’clock.

As we were returning, to the camp, and as I was putting the top of the powder flask to my mouth to whistle, I saw something suddenly jump up before me, and, before I could whistle, I received a shot on the hip, and I had hardly spoken before a second shot struck me on the shoulder ; I fell ; the first shot was fired by Cook, the second by Peter ; Ambrose was a yard or two behind me.

The three men came and picked me up and put some blankets round me ; they went for assistance ; Cook remained with me ; he told me he thought it was the two men that were after the horses, that he was tired of watching, and lay down, but did not go to sleep.

I make this statement, knowing that I have been dangerously wounded, Constable Cook, now in the room, is the man that I allude to as having fired the piece that shot me.

his mark: X. JOHN HERBERT.

Witness — Charles Lydiard. mark.

Edward Ambrose, swore that he was a constable, and stationed at Canowindra ; on the 28th of March, Herbert, Cook, myself, and Peter, the black tracker, went out in search of the bushrangers ; at dusk, we camped on the Mogong Creek, about a mile and a half from Mogong ; after tea, Herbert proposed that he and I should go and watch a certain place, and told Cook to look after the horses, and not let them go away, and not to fire at, or shoot any person unless he knew who it was ; he then took off the top of his powder-flask and blew on it, and said, if we return before daylight, that will be the signal we shall give on nearing the camp, we then left on foot, and returned about 12 or 1 o’clock ; the camp was in a sapling scrub, the night was dark, and we missed our way, and came upon it unawares ; when we were about fifteen yards from the camp two shots were fired, when Herbert called out “Don’t, don’t, you have shot Herbert;” I did not hear Cook call out before the firing, but he might have done so, as I slipped down just as the firing commenced, which caused me to be several yards behind Herbert, when he was shot he staggered a few paces and then fell, Cook appeared very sorry, and said that he thought it was the bushrangers, as two men had been and disturbed the horses; he said he challenged them, but they did not answer; I went to Mogong for assistance, and Cook remained with Herbert; Cook was sober, and I never knew him to quarrel with Herbert; the night was dark; we did not return to the camp the same way we left, we could just see some person at the camp, but could not tell who it was; I did not measure the distance, from the camp to where Herbert fell, Herbert, Cook, and myself were armed with breech-loading rifles, Peter had a carbine.

By Cook: I did not hear Herbert tell you that we should be back at the camp that night, I do not know what orders Herbert gave you when you and he were on the other side of the ridge.

Peter Hogan, an aboriginal, born in New England, and christened by a priest at Darling Downs, stated that he was a tracker in the police, and was out with Herbert, Ambrose, and Cook, looking for the bushrangers when Herbert was shot; we camped at night some distance from Mogong , after tea … Cook to short hobble the horses, and not let them go away, he also blew into the top of a powder-flask, and said that he would give that signal when they came back to the camp ; Herbert and Ambrose then went away on foot, and Cook and myself went to look after the horses, after which I made the bed, and went to sleep ; after some time Cook woke me by knocking me on the knee, and said here they are ; we heard something move, but could not see what it was ; I saw two men on horseback ; we could not tell who they were ; Cook challenged them, but got no answer ; I again laid down, and went to sleep, when Cook woke me again by saying here they are ; we saw two men coming towards the camp ; Cook called out who comes here, but got no answer ; Cook and I then fired, Cook first ; after the shots were fired, heard Herbert call out ” you have shot Herbert.”

Hugh M Rowland, sworn : I am a duly qualified medical practitioner ; on the 29th of March I attended senior-constable Herbert ; he was suffering from two gunshot wounds ; one of the balls had entered the flank, passed through the kidney, and lodged in the loins, from which I extracted it ; this wound was sufficient to cause death ; the other wound was in the neck and shoulder ; I saw him on the 14th of April, when he was dying ; I have since heard that he was dead.

Constable Casey proved senior-constable Herbert died from the effects of the wound.

Committed for trial at the Bathurst Quarter Sessions.

IN BRIEF

Policeman shot dead

SYDNEY: A police weapons training instructor was fatally wounded by another officer during a gun training session yesterday.

Constable Juan Carlos Hernandez, 33, an instructor with the elite State Protection Group, died in hospital several hours after being shot in the chest at the old Police Academy at Redfern.

Constable Hernandez was supervising about 15 officers at a training session when a .38 calibre police-issue revolver discharged, wounding him in the chest.

Second death prompts gun rule review

SYDNEY: Junior police officers could be made to leave their guns at work after a young constable accidentally killed his best friend while cleaning his service revolver at home on Monday.

An internal police investigation into the shooting would look at the controls on probationary constables’ possession of weapons, the NSW Minister for Police, Ted Pickering, said yesterday.

Constable Andrew Pearce, 20, was cleaning his .38 service revolver in the bedroom of his Greystanes home in Sydney’s west at noon on Monday when the gun discharged and hit his friend Andrew James McDonald in the chest.

Mr McDonald, a 20-year-old bank teller from Greystanes, died an hour later in Westmead Hospital.

The incident was the second fatal shooting by a probationary constable in the past four months.

Last November Probationary Constable Sheree Schneider, 19, ( ProCst # 60370 ) accidentally shot Constable Sharon Wilson in the head at Leeton police station in the Riverina region. The young constable now faces a manslaughter charge.

Acting Police Commissioner Angus Graham refused yesterday to comment on Monday’s shooting and was unable to say whether Constable Pearce, an officer with one year’s service, would be charged over the incident.

He said the fatal shooting was the subject of a full investigation by the police’s Internal Affairs Department.

“When we have these incidents we always review our arrangements,” he said.

Not guilty of manslaughter

ALBURY: A policewoman who fatally shot a colleague has been cleared of manslaughter after a hearing in the Albury District Court. Sheree Ann Schneider, 20, of Pine Ave, Leeton, was charged with the manslaughter of Sharon Louise Wilson, 20, of Leeton, who died from injuries received in the shooting.

Constable Wilson was shot in the head while speaking on the telephone in the communications room of Leeton police station on November 30 last year.

Miss Schneider gave evidence at the committal hearing on Friday.

She said she had gone to the sergeant’s office where she had unloaded her special issue five-shot .38 service revolver. She told the court she was sure five bullets had fallen from the revolver’s cylinder and into her hand.

Miss Schneider said she had left the bullets in the office and returned to the inquiry counter area.

Thinking the gun was empty, she “dry fired” it.

Miss Schneider said Constable Wilson had become frightened and said: “Oh God, don’t do that. You scared the living daylights out of me.”

She had said to Constable Wilson: “No, it’s empty, see” and then pulled the trigger “to reassure her she had nothing to worry about.” The gun had discharged.

Asked by her counsel, Mr John Dailly, what she had thought when the gun discharged, she said: “I couldn’t believe it! I was sure I had counted five bullets.”

It was not until she had returned to the sergeant’s office that she realised she had made a mistake.

Although Miss Wilson had been shot, Miss Schneider said she was unaware at the time the gun had been pointing at her colleague.

Miss Schneider said she had returned to help Miss Wilson, who lay on the floor bleeding profusely from a wound to the left temple.

She said she placed both hands over the wound to try to stop the bleeding.

The court was told Miss Schneider had received 200 minutes pistol training at the police academy and had been issued with the smaller five-shot revolver after failing her first shoot with the larger six shot model.

Mr Dailly said the shooting had been an accident.

“It was totally unintended, unexpected and unforeseen,” he said.

In discharging Miss Schneider, Magistrate Barry Wooldridge said she had made a “great mistake” when counting the bullets. But the fact remained that there was no intent on Miss Schneider‘s part, no animosity between the two and no evidence she had deliberately pointed the gun at Constable Wilson.

IN BRIEF

DPP reviews court ruling

SYDNEY: The Director of Public Prosecutions said yesterday he would review a magistrate’s decision to dismiss a manslaughter charge against a police woman who shot dead a fellow officer.

The director, Reg Blanch, QC, said he would direct Constable Sheree Schneider to stand trial if he found that Leeton Magistrate Barry Wooldridge had made an error in judgement.

Constable Schneider, 20, shot dead Sharon Wilson, also 20, with a service revolver at Leeton police station on November 30. She said she thought the revolver was empty.

Mr Blanch said he would make a decision in four to eight weeks. Constable Schneider, suspended with pay, was to answer a charge on August 31 of using a firearm with disregard for safety.

Walter Cassels Casey, sergeant of police, stationed at Sofala, on oath saith

On the 29th April I was in charge of an escort of fifteen prisoners en route from Bathurst to Sydney ; that night the escort stopped at Pulpit Hill lock-up, I was on guard over the prisoners from 7 to 10 p m ; and was relieved by constable Duggan, who was on guard from 10 to 12, when he was relieved by the deceased, who remained on guard from 12 to 2a.m. of the 30th instant, Constable Hitchcox had to relieve him then.

After I was relieved from guard by constable Duggan, I laid down on the sofa (marked A in the plan), and had my revolver loaded on the window sill at hand ; anxiety kept me from sleeping, and I conversed with every sentry ; at twelve minutes past 2 a.m, deceased called Constable Hitchcox from an adjoining room ; deceased then said, ” I will look to see that they are all right,” immediately after this, the prisoners, led by Rutherford, Holmes, Moran, Smith, Southgate, and Kerr burst into the front room, out of the cell (C), and through the door (B), I jumped up, seized my revolver, and fired at the prisoner Moran ; he appeared to fall, I then fired at Kerr, who sang out, I fired at Kerr, who was rushing at deceased ; Kerr fell, I then fired at Southgate, who had hold of deceased ; the pistol hung fire , Southgate was not hit ; I fired again at one I supposed to be prisoner Holmes, I believe that something was put over the lamps very soon after the rush ; I found a blanket and a prisoner’s jacket on the table after all was over ; as the room seemed to get very dark after the two first shots ; it may have been caused by the smoke ; after I had fired five shots, the prisoners all but two ran into the cell, these two, who were Holmes and Rutherford, ran out of the front door (D), taking the direction of G and F ; I followed Holmes, and snapped the pistol at him ; it did not go off ; I then ran in and shut the door on the prisoners, who were in the cell at the time senior-constables McArthur and McNanamy and other police ran up from the barracks ; McArthur told me that Madden was shot in three places, and that the prisoners must have a revolver, I said, ” Than they got Madden‘s,” I said three or four of the prisoners are shot. I then looked at Hitchcox‘s revolver, it was not discharged, nor was any other of the police revolvers but my own, which had been fired five times, I then said, “Oh, my God! I must have shot poor Madden,”

I went up to the barracks, and saw deceased ; he complained of pain in his bowels ; I said, ” Oh, Madden it was I shot you,” he said, ” No, it was the prisoners,” I said, ‘ No, it was me, as no other revolver was discharged,” he said then, “If it was, I forgive you ; I know you did not do it on purpose,” and shook hands with me. I was so overcome at the thought of shooting my comrade, I do not know what I did, I believe I fainted.

I saw in the afternoon that prisoner Moran and Kerr were each wounded in two places – Moran on the breast and in the thigh, and Kerr having a graze on his head and a severe wound through his right arm.

When I went in, Moran said:, “You b—— butcher, if I had a revolver I would have got away ; I would as it was but for the sergeant.”

I was standing on the sofa when I fired, and the deceased was struggling with the prisoners ; my revolver has six chambers ; one chamber had two round bullets in it, one of which struck Moran on the left breast ; it is usual to see if the prisoners are all safe when changing guard ; the whole affair did not last more than five minutes ; I have been about eleven years in the police, I think Kerr had hold of deceased by the throat ; Kerr was shot through the right arm, and deceased on the left side ; I believe deceased was trying to keep prisoner from me and the door ; the property found on deceased consisted of £7 16s 3d and a silver watch and chain.

Thomas Hitchcox sworn: ” I am a constable stationed at Pulpit Hill, on the morning of the 30th April I was called shortly after 2 a m to relieve the deceased constable Madden, who was on duty guarding fifteen prisoners in the Pulpit Hill watch-house. When I came out of my own room sergeant Casey was lying on a sofa, after I had been out of my room a few moments, constable Madden said, “I’ll see if the prisoners are all right ”

He took the padlock off and drew the bolt, immediately, the prisoners rushed the door open and I believe knocked deceased down ; at least l lost sight of him ; prisoner Rutherford sprang at my throat, with, I believe the intention to get at Sergeant Casey‘s revolver, which was lying on the window ; I got away from him ; he followed me, and got hold of me a second time ; I then got away ; sergeant Casey jumped up and commenced to fire his revolver at the prisoners. Rutherford again caught me by the throat ; I had great difficulty in getting away from him ; I rushed into my bedroom ; got out of the window ; and went to the barracks to call the escort, who were sleeping in the barrack room, and to get arms, as the prisoners were between myself and my own ; I believe had not sergeant Casey fired as promptly as he did we should have been disarmed ; and the prisoners would have escaped ; my revolver was hanging behind the cell door ; the place where I generally keep it,

Sergeant Casey was standing on the sofa when he fired.

Daniel Murray O’Hara being duly sworn said I am a duly qualified medical practitioner residing at Hassan’s Walls, I have this day made a post mortem examination on the body of Thomas Madden ; there were no external marks of violence on the body, except three punctured wounds ; one on the left jaw in front of the ear, one on the left shoulder blade, and one on the left side, between the ninth and tenth ribs ; these three wounds are gunshot ; where the ball entered I found the ball that caused the wound on the jaw had passed through the lower jaw blade fracturing it and wounding parts inside the jaw, viz muscles etc, and passing through the roof of the tongue in which I found the ball lodged in its substance ; on the right side the bone had split the ball, and one small portion was found immediately inside the left jaw bone, and the principal portion on the place stated, with a small portion of bone adhering to it ; this wound would not necessarily have proved fatal ; I found that the wound on the left side was more serious ; and on opening the chest and abdomen, I found that the ball had passed through the chest and abdomen, from the left to the right side, wounding in its course the pleura, peritoneum, and spleen, liver, and stomach, I found the ball under the skin on the right side ; there had been a great deal of internal haemorrhage along the course of this ball ; I believe it was from the causes of this wound that death took place ; I was not able to discover the ball that had entered the shoulder blade but as it had not entered the chest I did not consider it necessary to make any further search for it. The round hallmarked “X” is the one which had entered the side, and was the cause of death ; the ball marked “T” I found in the substance of the tongue.