Charged with Murder of Brother-in-law

Appearing in Penrith Court last week on a charge of murder at Springwood, a Woodford man was alleged to have told police that he also intended killing the wife of the dead man.

The man charged, James Frederick Burne, 23, of Woodford, was committed by Mr. A. Cummerford, S.M., for trial at Central Criminal Court sitting to commence on February 26.

For the defendant, Mr. E. O’Loughlin said Burne would plead not guilty and reserved his defence.

Burne was charged with having murdered his brother in-law, Allan Frederick Edwin Wright, 27, at Springwood on January 15, 1962.

In evidence, Sergt. Ronald F. Stewart, of Lawson, said a man rang him at the Lawson Police Station early on Monday morning, January 15. The man had told the sergeant his name and said he had just killed Allan Wright.

Sergt. Stewart said Burne had told him that Wright was married to his (Burne’s) sister.

Burne had said: “I intend ed to kill them both. She bullied me, and they both annoyed me.”

PUSHED GUN AWAY

Police also alleged that Burne had said Wright had sat up in bed and pushed the barrel of Burne’s gun away. “I pulled the trigger and he fell over the end of the bed,” Burne is alleged to have said.

Detective-Sergt. Francis J. Killen, of Penrith, told the court he went to a house in Springwood at 2.20 a.m. on January 15. A body was lying on the floor of the bedroom.

A post-mortem showed two gunshot wounds in the head, either of which could have caused death, Dr. E. Scott Young said in evidence.

Detective-Sergt. Killen, who had been accompanied to the house by Sergt. Stewart and Senior Constable W. Power, of Springwood, said Burne had told him at 3.40 a.m. he had not been at work the previous day.

After reading magazines and thinking a lot, he had decided to kill Allan Wright and Mrs. Wright, Burne told Detective-Sergt. Killen.

Widow of the dead man, Mrs. Eileen Wright, employed as a casual nurse, said she had been at work on the night of the shooting. There had been frequent disagreements between her and her brother, Mrs. Wright said.

Problems for SLOGAN

“To be careless and reckless costs lives.

Courtesy and safety costs nothing — drive safely.”

This is the winning safety slogan by Mr. D. E. Porter on car No. 29 in the Shell Safety Tour on Sunday.

Slogan competition was judged by Detective Sgt, Frank Killen, of Penrith Police.

Mr.. C. N. Finlay, S.M, yesterday committed a former Shire Clerk of Tallaganda Shire Council for trial on two charges of stealing money from Tallaganda Council.

He Is Malcolm Joseph Noonan, 36, a married man with five children, now a member of the R.A.A.F. station at Glenbrook.

Noonan was charged with: Stealing £155 from Tallaganda council between April 2 and April 7 while a servant of the council.

Stealing £164 from Tallaganda Council between April 17 and April 20.

Tallaganda Shire Council has its headquarters at Braidwood.

Mr. Finlay committed Noonan for trial after hearing evidence on both charges in Goulburn Court of Petty Sessions yesterday. The trial will be held at next Goulburn Quarter Sessions to commence on September 13.

£100 BAIL

The defendant has been allowed £50 bail on each charge. He reserved his defence.

DETECTIVE’S EVIDENCE

Detective Francis Leonard Killen, of Penrith, said he had seen the defendant at R.A.A.F. Headquarters at Glenbrook on May 20 this year. The defendant had told him he had been in the Air Force since June 4 last year. Prior to that he had been Shire Clerk for the Tallaganda Shire Council.

He had told the defendant he (Killen) had a warrant for his arrest on a charge of stealing £155 from the Tallaganda Shire.

Witness said the defendant had commented, “This is a bit of a blow. I fixed that up.” Witness said the defendant had added: “I took £155 and I took other money too, but I put it all back and I thought every thing would be all right. “I was a bit silly. I was having a bad run at the punt but I had assets and I knew I could pay the money back. “But I did not get things fixed up as quickly as I thought I would and I had to go to Sydney and see my solicitor. “On May 8 I went with my father and gave them a bank draft for the money I owed.” Witness said the defendant had made a signed statement the following day at the Penrith Police Station. Killen added that at 11 a.m. yesterday he had again seen defendant at the Goulburn Police Station.

He had told him it was believed that he had taken a further £164, the property of the Tallaganda Shire Council, between April 17 and April 20. The defendant had said that was right. Witness said he had then asked the defendant why he took this money. The defendant had replied: “The same as the other.” Witness: “I said to him, ‘You mean you did that money on the horses or, as you say, on the punt.'” The defendant had said “Yes.” Witness said he had asked the defendant what had led up to him repaying the money eventually. The defendant had said: “I received a letter demanding that the money be repaid by May 9 or proceedings would be taken against me. “I went with my father on Friday, May 8.” The defendant had told him he had realised on his assets to the extent of £364 to repay money he owed to the council, witness said.

CLERK’S STATEMENT

Cleve James Taylor, an A grade clerk employed by Tallaganda Shire Council, said he had been employed by the council for five years and knew the defendant during that period. On the morning of April 7, 1953, a Miss Morris, who is now Mrs. Gowen, told him something as a result of which he checked the receipt books and checked cash for the takings on April 2 in a drawer in the strong room. He had found a deficiency of £155.

There was a note in the drawer with Mr. Noonan’s initials, M.J.N., and £155 written on it. He would say the note was in Noonan’s hand writing. He had seen the defendant on April 9 when Miss Morris told Noonan there was a deficiency of £155 in the cash drawer Witness said the defendant had told him he knew it was missing. “He did not give a reason for it being missing,” witness said.

EXPECTED CHEQUE

“He said he expected to receive a cheque in a day or so and would repay the money them ‘ Witness said he had found a further deficiency in cash in the strong room to the extent of £164 .on Monday, April 20. He did hot see the defendant that day and did not see him again as an employee of council. On May 8, 1953, Mr. Noonan had come to the shire office with his father and handed him a bank draft drawn on the Commonwealth Bank for £365 and 5/- In cash.

Witness said he had made out a receipt for £46/5/- for goods purchased from the council and given it to the defendant.

During the period from April 2 to April 20, he and Noonan were the only persons with keys to the strong room. “Only I and Mr. Noonan would have access to the safe after it was locked. “Money placed in the safe had been received on behalf of the Tallaganda Shire by the various employees in the office.”

“NO DOUBT MONEY WOULD BE REFUNDED”

The defendant, Noonan, asked the witness if he at any time had had any doubt that the money would be refunded. Witness : “I had no doubt at all.” To Noonan, witness said the Shire Clerk Would be “overall” responsible for any deficiency.

Mrs. Marie Clare Gowen, formerly Miss Morris, a clerk employed by the Tallaganda Council, corroborated the evidence given by witness Taylor.

Man Gaoled For Forging, Uttering Two Cheques

SYDNEY : A 22-year-old farm worker had become too scared to take delivery of a motor truck which he purchased from a Sydney firm with two forged cheques for £1318, Det. Frank Killen, of Parkes, said in the Quarter Sessions today.

John Whitfield Dunstan, of Cowra, pleaded guilty to having forged both cheques, one for £860 and the other for £458, in the name of his employer, Roy Attenborough. grazier, of Parkes. Dunstan also pleaded guilty to having uttered the cheques. Judge Redshaw sentenced Dunstan to 12 months’ gaol and said that after Dunstan had served a reasonable part of it, he might recommend release provided Dunstan’s family arranged to establish him on the land.

Detective Killen said that Dunstan, a former fireman in the N.S.W. railways, had, after separation from his wife at Newcastle some months ago, become farm laborer in the Parkes district. Stole Cheque Forms In December last while employed by Mr. Attenborough, Dunstan had stolen two cheque forms from Mr. Attenborough’s cheque book, made passable imitations of Mr. Attenborough’s signature and had negotiated the cheques in the purchase of a motor truck. ‘I think he is more foolish than criminal,’ Det. Killen told Mr. Trevor Martin (for Dunstan).

When arrested, said Det. Killen, Dunstan was employed as a laborer at the Cowra gas works and in his spare time assisted in the training of trotting horses. In refusing to grant Dunstan a bond, the judge, referring to a previous conviction against Dunstan in 1950 for cattle stealing, said: ‘This is your second step in crime.’

FARMER KILLS WIFE, SUICIDES

Police yesterday found a Parkes farmer, Francis Esbert Nicholls, 45, shot dead at his home.

A .22 rifle was by his side.

They found the body of his wife, Elizabeth Gertrude, aged about 40, in the kitchen, with a deep gash in the throat.

The couple’s three children, aged nine, six, and three, were in a bedroom adjoining the kitchen. They were unharmed.

Police said that Nicholls told his brother on the telephone yesterday morning that he had killed his wife and intended to “do away with himself.”

The brother telephoned the police.

KEPT IN BEDROOM

Detective Frank Killen and Constable Baldwin, of Parkes, went to Nicholls’s home, Braeside, Brolgan Road, about six miles outside Parkes.

They found Nicholls’s body in the washhouse.

Mrs. Nicholls’s body was covered with a tablecloth.

Police believe that Nicholls murdered his wife on Saturday.

During the week-end, he made the children stay in the bedroom.

He cared for them, washing them and preparing their food.

The police took the three children to the homes of neighbours.

Neighbours told the police that Nicholls, a hard working man, worried unnecessarily about his farming affairs.

Police hurt badly in collision

Three detectives, whose CIB car was in a collision at Matraville last night with an oil waggon, each received injuries to the spine and fractures of the pelvis, an X-ray showed today.

The detectives, Norman Thomas, Thomas Quinn and Frank Killen, have all shown improvement since their admission to Prince Henry Hospital.

Det.-Sgt. Bennett Toms, who was also a passenger in the police car, was treated in hospital for severe shock. He is still too ill to resume duty.

In the collision, which occurred in Bunnerong Road, the police car was wrecked.

Detectives In Mangled Car SYDNEY, Friday.- Four Sydney detectives were in a police car when a 10-ton oil tender capsized and crushed it to-night at Matraville.

Two of the detectives were admitted to Prince Henry Hospital with serious injuries. They are Senior-detective Norman Thomas, 44, and Senior-detective Thomas Quinn, 39.

Detective Frank Killen, 23, went home after treatment. Detective sergeant Bennet Tome escaped in jury.

The tender loaded with 500 oil drums, is believed to have got out of control while rounding a corner in Bunnerong Road. The tender veered across the road and capsized on the police car, crushing it.

The car was a total wreck.

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