A Murderous Assault at Burbanks-

Attempted Murder at Coolgardie.

A SENSATIONAL STORY.

IMPRISONMENT IN A SHAFT.

One of the most sensational stories that has ever been told in the annals of the Perth Criminal Court was that which was related by Mr Burnside, the Crown solicitor, in the Criminal Court on Wednesday, before Justice Stone, in connection with the charge against a middle-aged man. named William Patterson Murdock, having attempted to murder a companion of his named Roger Clark. The accused was represented by Mr Villeneuve Smith. In explaining the circumstances which led to the charge being laid, the Crown solicitor said that the prisoner and the accused were partners in the Paisley GM lease near Burbanks, and at the end of November 1899, they had worked together for about eight or nine months.

The lease appeared to have been registered in the name of the accused only. On the lease, there was a shaft with several underground workings, and at about the time named Murdock and Clark had satisfied themselves that it was a good lease, and they had entered into negotiations for its sale. The shaft was sunk to a considerable depth. On the morning of November 30, Clark went to his work at about 7am, and with the accused, they began to sharpen some tools. There had not been any serious quarrel beyond perhaps a few words which people usually exchanged. Clark then went down the shaft and having worked until about 11.30 he decided to return to the surface for lunch. He worked uninterruptedly all that time, and in the luncheon interval, no quarrel took place.

Soon after dinner he returned to the shaft and prepared a charge. After having fired it he rose to the 60ft level, secured a candle, and prepared to ascend to the surface. When within a few feet of the top he saw that the accused was standing close to the mouth of the shaft and a second later he received a severe blow on the head with a stick, which was dealt to him by his partner. This was of such a character as to make him stagger, but it did not render him altogether unconscious. He called out to the accused and asked what he had done that for. Murdock replied that he had had sufficient impudence from him and that he had stood him long enough.

The accused then hurled the stick at Clarke, and on his doing so, Clarke went to grab the windlass rope. The accused, noticing this movement, instantly loosened the rope at the surface, and Clark’s weight caused it to run speedily down. Clark realised the danger that he was in very quickly, and in his descent, he clutched at a rung of the ladder which was in the shaft and managed to save himself from what would have been a serious fate. He then heard the accused call out from above, “How do you feel after that?” He replied asking what he was doing all that for, and he added that his head was badly cut, but the accused only reiterated his previous remarks. Clark remained down the shaft for some time, being afraid to attempt to approach the surface, and two hours later thinking that the accused might have gone away, he climbed up yet again. The accused, however, was still at the surface, and Clark appealed to him to allow him to get out of the shaft, as he was suffering fearful agony from the loss of blood from the wounds on his head.

The accused replied, ‘Yes, you may come up.’ Clark started to approach the surface again, but when he got to within three or four feet of the top, he saw the accused had a large stone in his hands, with which he threatened him. Clark tried to reason with the accused, and while he was remonstrating the stone was thrown at him. It struck the winze and ricochetted onto his shoulder. Clark saw that he was still in danger, and seizing the rope slid down to the bottom again. He allowed another long interval to elapse, and then again called out to the accused that his condition was such that he should be allowed to get to the surface. The accused answered, ‘Very well, and lowered a bucket to the bottom of the shaft but Clark found that it contained a charge of dynamite with a lighted fuse attached.

Clark recognising the imminent danger that he was in, drew a knife from his pocket and cut the fuse, and so prevented what might have been a serious result. Having cut the fuse the prosecutor was able to take the charge from the bucket, and throw it several feet away from where he was standing, and even then it exploded, fortunately without doing any serious damage beyond knocking him down. Soon after, he heard the voice of the accused call out from above, “Are you hurt?” Clark replied that his leg was broken. This was not so, but he thought that this might lead the accused to believe that he had done sufficient damage and that he would then allow him to return to the surface. The answer that he received, however, was, ‘Oh, is that all?’ These incidents spread over many hours, and the night was coming on. For some time Clark remained quiet, and he remained in the shaft all night. The next morning Clarke placed his pocket knife in his mouth to use it as a weapon of defense in case of need, and he started to ascend the ladder, taking with him a drill. When he reached the winze he couldn’t see the accused, but on gaining the surface he saw two legs hanging over the mouth of the shaft.

He called out to the accused, “Bill, are you going to let me come out?” The accused jumped up and said with oaths, ‘You had better not come up, I cannot stand you yet.’ Clark remained down the shaft all that second day, and all the second night. Early on the next morning, he called, out to the accused to let him out so that he could get his wounds dressed. He told him that he was in a fearful condition, that the flies were becoming, very troublesome, and, in addition, that he wanted something to eat. He was met with the counter-question, “Are you coming up?” He had to that time been in the shaft for about 36 hours, with nothing but a candle and a charge of dynamite. The bucket was lowered down to him, and it contained bread and something that resembled milk and water.

Fearing that as a last resource the accused might have tampered with the food, Clark declined to touch it and he threw it away. On the second night, Clark found some detonators on the magazine at the bottom of the shaft, and he determined to use these by throwing them out of the shaft in the hope of attracting attention. He had tried to make himself as comfortable as possible but the weakness was beginning to tell, and his candles were fast approaching an end. Then he heard the accused descending the shaft, and he warned him not to come down because he was prepared for him. Just at about this time, a man named Burleigh Gorman came on the scene and inquired what was the matter and his presence put an end to the incidents for the time. Clark called out to Gorman but to no avail as he had gone back to his camp.

Sometime after Clark attempted to snake his way to the surface. He was about 10ft from the top when the accused called out and said, “Do you know what I am going to do? I’m going to throw myself headlong down the shaft.” Clark begged him to wait until he got to the surface, and after a desperate effort, he succeeded in getting into the open air again. The accused said that he was going to write out a statement giving his reasons for the act that he contemplated. Clarke made off as fast as he could to the nearby camp of Gorman, and from that witness and a man named Frank Hart they would hear in what condition Clark was in when he entered their camp? ‘

In his evidence, Clark detailed the story of his confinement in the shaft and the incidents related by the Crown prosecutor. Burleigh Gorman, a well proprietor, gave corroborative evidence. The depositions of a man named Frank Hart, who had later died in the Coolgardie Hospital, were read. In these, the deponent stated that he found two letters in the bunk of the accused. The letters were as follows — ‘To Roger Clarke’, — Feeling that I have done you a great wrong, although, perhaps, tempted to a certain extent,’ I feel I cannot recompense you for the wrong done, and, therefore, say good-bye. — Yours truly, W. P. Murdock.” “To Andrew Murdock, — As I have done Roger Clarke an injury, I feel I can’t bear it. Good-bye.— W. P. Murdock.”

The accused expressed his intention of committing suicide and tried to get past Hart to the shaft but was prevented. William Pope Seed, resident medical officer at the Coolgardie Hospital, gave evidence as to the injuries Clark had sustained. Under Cross-examination by Mr V. Smith, the witness stated that it was possible for a person sleeping in the open when the thermometer averaged 95deg. in the shade, to get a sunstroke, and it was also possible that the effects of that sunstroke might not manifest themselves for, days. A man suffering from sunstroke might develop mania, and might not be able to distinguish between right and wrong. The mania resulting from sunstroke might last for two or three days. It was quite possible for a person, during the mania, to be quite unconscious of what had occurred.

William Paterson Murdock, the accused, called by the defense, stated that on Saturday, November 25, 1900, he went into Coolgardie. He remained there until Monday, In Coolgardie, he had a good deal to drink. He proceeded to return to the mine on the Monday and got about a mile and a half down the Burbank’s road. He then sat down a little off the road. He fell asleep and woke up at about 4 o’clock, having been asleep from about 12 o’clock. Having awoken, he went back. to Coolgardie for about three hours, and returned to the mine late at night. When he got to his camp he went straight to bed and got up between 6 and 7. He felt pains in the back of his head, and generally sick. He worked nearly a shift and knocked off as he did not feel well. He felt a little better on Wednesday but did not work as long as usual. On Thursday he assisted Clark to sharpen some tools, and then lay down, and slept during, the greater part of the Morning. He was in the sun all the whole while. He then went to the 60ft level and remembered striking Clark with a stick. He did not remember anything else until Hart came to him. He then remembered having written two letters. He had been on good terms with Clarke.

T. W. Hardwick, managing director of the Swan Brewery, stated that the accused had been in his service for two years and eight months, and during that time had borne a good character. George H. Snowball, formerly manager of the Union Stores, stated that the accused was in his employment for 12 months, during which time his conduct had been exemplary. Counsel addressed the jury, Mr Smith relying upon the theory supplied by the evidence of the accused, that the latter was suffering from the effects of sunstroke when he committed the murderous assault, which was not denied.

His Honour summing up pointed out that a man, when suffering a recovery from the effects of drink, also often did things that he would not otherwise have done. There was evidence that the prisoner had been drinking heavily, and his honor suggested that while under the influence of liquor, or suffering a recovery therefrom, the prisoner was seised with a temptation to rid himself of one who was partly financially interested with him in what might be a valuable property. That the first blow was struck with the intention to commit murder his honor was assured. As to the theory that the prisoner was suffering from sunstroke, there was no medical evidence on that point. His Honor’s summing up was generally adverse to the prisoner.

As to drunkenness, it was no excuse for crime. In reply to questions, the jury was informed that the mine had been registered in the name of the accused, but that each man had a backer in regard to the mine. After retiring for a quarter of an hour, the jury returned with a verdict of guilty. The prisoner, upon being asked what he had to say, said in a low voice, ‘Your worship and gentlemen of the jury, I wish to say that I have always led a respectable life, a hard-working life. I cherished no ill will to anyone. I wish you to be as lenient as possible, as I never had the slightest intention of doing anything dishonest. His Honor replied that this must be dealt with by the Executive after it has received the notes of the evidence, which he would have to submit for their consideration. You have been found guilty of a very heinous offense, and I am glad to say that, although we have, had many serious cases in this court, I do not know of any attempts to murder attended with such terrible circumstances as this one of which you have been charged.

Probably, if you had not been in Coolgardie these three days drinking, you would not have forgotten yourself in the way you did. You are a man who has been given an excellent character. That character, I take it, relates to you when you kept away from the drink. Nothing has been said as to the man you were under the influence of drink. You are one of those many men whose worst passions come to the front when you allow yourself to drink to excess. It is a mercy indeed that Clarke is here to give the evidence he has given, considering the very determined efforts you made to send him to another world. Those attempts, by God’s providence, were not successful. You have been found guilty of an offense in this colony which is a capital one. I have now only to fulfill a duty which the law casts upon me by passing the sentence.

His Honor then adjusted the black cap on his head and said, ‘The sentence of the law is that you, William Paterson Murdock, be taken from hence to the prison, whence you came, and that you there be hanged by the neck until you are dead. May God have mercy on your soul”.