Kalgoorlie Miner 24 March 1900, page 7
A SENSATIONAL STORY OF IMPRISONMENT IN A SHAFT
Attempted Murder at Coolgardie.
Death Sentence for Accused
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 Paterson Murdock, of having attempted to murder a companion of his named Roger Clarke.
Of many remarkable episodes during the boom days on the goldfields none was more sensational than that at Burbanks a few weeks before the close of last century. Two men worked a mine as partners. One made a callous attempt to murder the other. The manner of it— diabolic in its scheming and conduct — is unique in Western Australia’s crime history.
The accused was represented by Mr Villeneuve Smith. In explaining the circumstances that led to the charge being laid. The Crown solicitor said that the prisoner and the accused were partners in the Paisley Lease mine near Burbanks near Coolgardie, 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. On the lease, there was a shaft with several underground workings, and at about the time Murdock and Clarke had satisfied themselves that it was a good lease, and they entered into negotiations for its sale.
The shaft was sunk to a considerable depth. On the morning of November 30th Clarke went to his work at about 7am, and with the accused they began to sharpen some tools. There had not been any quarrel between them, perhaps just a few words which people usually exchanged. Clarke then went down the shaft, and having worked until about 11.30 he decided to return to the surface for lunch. He had 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.
North Coolgardie Herald and Miners Daily News – 8 December 1899
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 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 seized the windlass rope. The accused, noticing this movement, instantly loosened the rope at the surface, and Clarke’s weight caused it to run speedily down. Clarke 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 saved himself from what would have been a fatal fall. 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 remark about having enough of his impudence. Clarke 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 again. The accused, however, was still at the surface, and Clarke 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.
Image by Alamay
The accused replied, ‘Yes you may come up’ Clake 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 hand with which he threatened him, saying that he had a good mind to do something to him. Clarke began to reason with the accused, and while he was remonstrating the stone was thrown at him. It struck the winze and ricocheted onto his shoulder. Clarke seeing that he was still in danger, seized the rope and 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, but we will first get the stuff up’ By that he meant that any loose stone which was at the bottom, should be sent up in the bucket. Then the accused returned the bucket to the bottom of the shaft, and Clarke found that it contained a charge of dynamite with a lighted fuse attached.
He recognised the imminent danger that he was in and drew a knife from his pocket and cut the fuse, and so prevented what might have been deadly results. After having cut the fuse Clarke was able to take the charge from the bucket and place it several feet away from where he was standing, and even then it still 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?’ Clarke 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 had spread over many hours, and night was coming on. For some time Clarke remained quiet, and he remained in the shaft all night. Next morning Clarke placed his pocket knife in his mouth to use it as a weapon of defence in case of need, and he started to ascend the ladder, taking with him the drill. When he reached the winze he saw that the accused was not there, but on nearing the surface he saw two legs hanging over the mouth of the shaft. He took the note of warning, and 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.’ Clarke remained down the shaft all that second day and all the second night. Early on the next morning he again 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 up to that time been in the shaft for about 36hrs, with nothing but a candle and a charge of dynamite. The bucket was lowered down to him, and it contained a piece of bread in something that resembled milk and water. Fearing that as a last resource, the accused might have tampered with the food, the Clarke declined to touch it, and he threw it away.
On the second night, Clarke found some detonators 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 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 going on and his presence put an end to the incidents for the time.
Clarke called out to Gorman but the accused said that this was of no avail as Gorman had gone back to his camp. Sometime after Clarke attempted to climb 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?’ Clarke replied that he did not, and the accused said that he was going to throw himself headlong down the shaft. Clarke 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 Gorman’s camp, and from him and a man named Frank Hart they would hear in what condition Clarke was when he entered their camp. Then Clarke detailed the story of his confinement in the shaft. Burleigh Gorman, a well proprietor, gave corroborative evidence. The statement of the man named Frank Hart, who had since died in the Coolgardie Hospital, were read. In this he 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 certain extent, I feel I cannot recompense you for this wrong and therefore say goodbye. — Yours truly, W. P. Murdock’.
The accused expressed his intention of committing suicide and tried to get past Hart to get to the shaft. Francis O’Shaughnessy, a mine manager, also gave evidence. Wm. Pope Seed, resident medical officer at the Coolgardie Hospital, gave evidence as to the injuries Clarke had sustained. During Cross examination by Mr V. Smith, the witness stated that it was possible 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 stated that on Saturday November 25, he went into Coolgardie. He remained there until Monday. In Coolgardie he had a good deal of drink. He proceeded to return to the mine on the Monday and got a mile and a half on the Burbanks road. He then felt ill and fell asleep on the road and woke up at about 4 o’clock, having been asleep from about 12 o’clock. Having awoke, 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 part of a shift and then knocked off as he did not feel well. He felt a little better on the Wednesday, but did not work as long as usual. On the Thursday he assisted Clarke to sharpen some tools, and then lay down, and slept during, the greater part of the morning. Clarke had his lunch and returned to work. The witness returned to the dump and fell asleep until about 4 o’clock. He was in the sun all the while. He then went to the 60ft. level and remembered striking Clarke with a stick. He did not then 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 previously 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 that the latter was suffering from the effects of sunstroke when he committed the murderous assault, which was not denied. His Honour in summing up, pointed out that a man, when suffering a recovery from the effects of drink ‘Delirium tremens’ often did things that he would not otherwise have done. There was evidence that the prisoner had been drinking heavily and his honour suggested that while under the influence of liquor, or suffering a recovery therefrom, the prisoner was seized with a temptation to rid himself of one who was partly interested with him in what might be a valuable property. That the first blow was struck with the intention to commit murder his honour was assured.
As to the theory that the prisoner was suffering from sunstroke and from insanity, his Honour urged that it was not the duty of the Crown to prove that the prisoner at the time he committed the offence, was in his sane senses. It was for the defence to establish that the man was insane at the time, and there was no medical evidence on that point.
His Honour’s summing up was generally adverse to the prisoner.
There was one piece of evidence in favour of the accused, and that was that when Clarke was coming up the prisoner had remarked, ‘You had better not come up yet, I cannot stand it.’ This might be meant to imply that the homicidal tendency was so strong that he could not prevent himself from doing an injury to his companion, and it mighty to some extent, support the theory of counsel for the defence.
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 muffled 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. Had I been in my ordinary senses this would not have occurred. I had not the slightest idea of anything of this description. It had not entered my head. My people are very respectable people and this is a sad affair indeed. No one regrets more than I do that such an occurrence has taken place. I beg you to be as lenient as possible, as I never had the slightest intention of doing anything dishonest.’
His Honor said leniency does rest with him. This is a matter which must be dealt with by the Executive after it has received the notes of the evidence, which he will have to submit for their consideration. You have been found guilty of a very heinous offence 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.
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 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 offence in this colony which is a capital one. I have now only to fulfil a duty which the law casts upon me by passing the sentence prescribed by law. Whether that sentence be carried into execution or not rests with the Governor and the Executive to whom as I said just now, I have to submit my notes of the evidence in this case.
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.
Postscipt: Western Mail 14 April 1900, page 28
DEATH SENTENCES – At the meeting of the Executive Council on Wednesday, at which the Ministers except the Colonial Secretary were present, the sentence of death passed on the man William Patterson Murdock for attempted murder at Burbanks on November 30th last, was commuted 12 years imprisonment with hard labour.
Moya Sharp
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