John Redman HERBERT

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.