George Joss DUNCAN

TOTTENHAM MURDER

FULL STORY OF A FOUL CRIME.

BY SERGEANT MEAGHER.

Sergeant Meagher, after nearly a fortnight spent at Tottenham in investigating the murder of Constable Duncan, attending the inquest, etc., has returned to Dubbo.

Interviewed at his residence on Sunday, Sergt. Meagher supplied particulars of the crime, as learnt by him and his fellow officers, and elicited at the inquest.

Sergt. Meagher states that on the night of the murder he received instructions from Inspector Peterswald ( John Peterswald # Q5489 ) to go to Tottenham.

He proceeded to Trangie by the midnight goods train, which was late in arriving at Dubbo. He waited at Trangie till daylight, and got into communication with Tottenham, learning that Sergeant Scott, of Narromine, had just arrived after an awful night in the rain and mud. The night was pitch dark.

He rang up Dr. Bertram, of Trundle, who set out for Tottenham, but his car became bogged six miles from his destination.

The doctor then set out on foot and walked three miles, when he had the good fortune to get a lift in a sulky.

Without X-rays the doctor was unable to locate the bullet that had entered the body on the right side of the back.

Arrived at Tottenham after much tedious travelling owing to the soft state of the country, Sergt. Meagher, with Sergt. Sawtell (Warren), Sergt. Scott (Narromine), Constables Sykes (Nevertire), McIntosh (Trangie), McLean (Narromine), and Lewis (Dandaloo), made every possible inquiry and search of the police station and surroundings.

They located the suspects, measured up the building for the purpose of making a plan.

Subsequently Inspector Whitfield arrived from Forbes, and two detectives (Messrs. Davelin and Downey) from Sydney, and the suspects were brought to the station.

Constable McLean, having been stationed at Tottenham previous to the deceased, was of great assistance in the investigations.

The three accused and two others were brought to the station in strict silence without causing the slightest excitement in the village. “That, I am pleased to know,” said Sergt. Meagher, “gave general satisfaction to the public, and it was pleasing to hear the appreciative reference to the sound judgment and discretion of the police. It was a difficult task on account of the wet and cold weather, and the inadequacy of the arrangements for the housing of the suspects.

Two of those were kept in a wooden cell in the yard, and two others, were guarded day and night in the office.

The station is only a small structure— two rooms — and it was difficult for the police to converse without the prisoners hearing them.

The residents, however did everything possible to help the police, and,” said Sergt. Meagher with much earnestness, “we are all very thankful to the hotel keeper, Mr. Veech, and his good wife and staff, who did everything possible for our comfort and convenience. The meals and beds were excellent, and we were attended to in a way that warrants every gratitude, especially on account of the bad weather Mr. and Mrs. Veech had also to contend with.” Continuing, Sergt. Meagher stated that the late Constable Duncan had his life assured with the A.M.P. for £250. He was 27 years of age, a native of Scotland, and had only taken over Tottenham from Constable McLean (now of Narromine) on the 23rd ultimo— three days before he was foully murdered.

An attempt was made to dig a grave for his body at Tottenham, but it filled with water as fast as it was dug out.

“Sergeant Sawtell,” says Sergeant Meagher, “is deserving of all praise for the way he attended to the guarding of the prisoners in relays— and keenly alert to seize any little word or look, or piece of evidence to sheet home the guilt.

Sergt. Sawtell‘s good services will no doubt be a matter the inspector will not miss. The police worked together in a way that reflects the highest credit on themselves and the department. It was also very pleasing to observe that there was a total absence of any ill-feeling amongst the police towards the accused men, not withstanding the strain in full view of a murdered comrade in a small room with them from Wednesday to Friday morning, it was a great relief when the body passed out of our sight, seeing that we were not able to attend the funeral, which took place at Parkes, and we hope, and request, that Inspector Whitfield will be good enough to put the inward feeling of us all in the service with a view of a small coin being asked from all to mark the last resting place of poor Constable Duncan.

THE ACCUSED.

The three men detained in custody and subsequently committed for trial at Bathurst were Michael Herbert Kennedy, Roland Kennedy (brothers), and Frank Franz.

Preliminary to the crime certain events happened which are worth mentioning.

Deceased has only been three days in Tottenham.

Charles Martin, a German, was charged with having firearms in his possession, and at Dandaloo was fined £3 and costs by Mr. Gates, relieving P.M. of Dubbo.

George Wann, a German, the man arrested by deceased on the night before the tragedy, for obscene language and resistance to arrest, was taken by deceased to Dandaloo the next morning and lodged in the lockup — he pleaded guilty before Mr. Gates, P.M., and was fined £1 and £2 with costs.

Deceased was hooted by a number of men when he arrested Wann and he spoke to Roland Kennedy when he returned from the lookup, and was heard to say to Kennedy that it was no laughing matter.

A summons was found in the police office, but not declared or signed—no doubt it was prepared at Dandaloo. There was also an entry of the matter in deceased’s pocket book.

On returning from Dandaloo that evening deceased asked after Roland Kennedy, and Kennedy, hearing of this, went from the residence of his father into the street and inquired for deceased, but didn’t see him.

After returning from Dandaloo deceased went to Mr. Travers’ place— where he had his meals—for tea.

To Mrs. Travers he said: “I am sopping wet; I will put my horse in the stable and come back for tea.”

He said he was tired, and the roads were in a dreadful state. He asked about Roland Kennedy, but did not see him. After going to the station, subsequent to his having his tea, deceased took off his wet uniform, and put on an old singlet, blue police jumper, socks, and dry shoes, and sat at the typewriter with his back to the office window.

He was making out a monthly return of diseased cattle, and was shot before he had completed it, as three letters, the last on the paper, were struck together.

The window is a two sash, with two panes of glass in each. There was a hole one could put the tip of a finger into in the left-hand corner, and there was a large piece broken out of the other pane. There was another bullet hole in the bottom frame, six inches below the line of the other two shots, and six inches to the right. That bullet passed through and out of the weatherboard wall on the opposite side of the room and could not be traced, except that it struck the ground ten yards from the hole in the wall.

The bullet was a 32 calibre, and that is the bore of the rifle owned by Frank Franz, who, at the inquest, said he fired that shot only. It didn’t hit deceased.

Roland Kennedy said he fired the shot that left the small hole in the window at the con-stable. That would have hit the constable on the right side. He fired a 32. That shot, if the one that entered the right side of deceased’s back, fractured two ribs, passed upwards through the lung, and came out about his neck, just above the breastbone. The bullet could not be found.

Roland Kennedy said that Franz fired the other shot at the constable, the shot that broke the pane, and then stepped to the right in front of him (Roland Kennedy) and fired the shot that passed through the bottom of the frame.

Roland Kennedy pulled the trigger a second time, but the cartridge missed fire.

It was afterwards discovered that Roland Kennedy had a cartridge in his vest at the residence of his parents, the cap of which was dinted, and the bullet still in it.

Franz said that the two Kennedys stood side by side, and one counted three as a signal for all three— the two Kennedys and himself— to fire together through the window at the back of deceased.

Franz also said that after the word three both the Kennedy fired a volley, but he (Franz) didn’t fire.

The Kennedy then turned to him and ordered him to fire, and he, being frightened that they would shoot him, fired the shot that hit the bottom of the frame.

Franz then pointed to a spot at the boundary post of the fence and said, “I stood there when I fired” — that was 11 feet from the window.

The spot where Kennedy said Franz stood was about half that distance.

Both spots were in a line of the bullet’s course, but there were no powder marks on the window, as there were in the case of the other two shots, the showing that this shot was fired at a distance.

Michael Kennedy said he was not at the shooting, nor was he a party to the arrangement to shoot the constable.

Roland Kennedy said that his brother was not at the shooting, but he was at the verandah of their father’s residence when it was arranged to shoot deceased.

Roland Kennedy further stated that he said to his brother “Come on,” and Michael Kennedy said, “It is no good to me; I am a married man, with a wife and two children.”

Roland Kennedy also said that his brother advised them to let it alone.

According to Roland Kennedy’s statement, when Franz was told that deceased was home from Dandaloo, he (Franz) said, “The —— is back; we will stone the b— — and he picked tip stones and put them in his pocket. Roland Kennedy then said to Franz: “It’s no good stoning him; let us shoot him.” Franz then said — according to Roland Kennedy, “I will go and get my rifle.” Franz did so, and he and Kennedy shot the constable.

Against this, Franz said the two Kennedy and he were on the verandah at old Mr. Kennedy’s residence, and the two Kennedy’s said, “We will shoot the policeman; get your rifle.”

He, being afraid of them went home and had his tea, but his wife objected to him going out again, and cried.

He stopped three-quarters of an hour, put his rifle out through the window when she was not looking, and at last got her consent to go out.

He had been served with a small debt summons and a summons by Const. McLean for riotous behaviour.

Franz said he wanted to see Herb Kennedy, who was regarded as a bush lawyer, to get advice about the summonses.

He went out and met the two Kennedys on the verandah of their father’s residence, and the three of them then went to the police station, sneaked up, and the deceased was shot as described.

They ran away — R. Kennedy and Franz in one direction and Herb Kennedy in another — in the grass so as to make no tracks.

There was no tracker to be got, and a half caste, who was in Tottenham, refused to try to track.

Another, seven miles away, was sent for, but he would not come.

The weather was wet, and the roads in a dreadful state, and the indistinct tracks at the window in the grass could not be followed.

Mr. Kennedy, senior, 80 years of age, passed away during the trouble.

His unhappy son saw him before he died, but he didn’t know of their trouble.

He and his wife were drawing the old age pension, and lived 50 yards away from the hotel, facing a street.

The old man had been a stock dealer and master butcher at Parkes and Peak Hill ; also a storekeeper.

The accused said they were I.W.W. men, but they didn’t believe in taking life.

They were committed for trial by the coroner, Mr. James Patterson, the owner of the local paper, on a charge of wilful murder.

PAID THE PENALTY

CONSTABLE DUNCAN’S MURDERERS

Executed at Bathurst..

The Tottenham murderers; Frank Franz and Ronald Nicholas Kennedy, were executed in Bathurst Gaol at 9 o’clock on Wednesday morning. Mr ?. M. Wilshire, of Sydney, represented the sheriff. No one but the gaol officials and press representatives was present.

In tragic irony for such an occasion, the day was a beautifully fine and peaceful one. The sun shone in all the splendour of mid-summer, and the birds sang and chirped in the trees in pure joy of the life around them.

There was nothing outside the grim-looking walls of the gaol to indicate that on the inside the tragedy of, two misguided, misspent lives was about to come to a sharp and awful conclusion.

A period of only 35 seconds elapsed from the time the men left the condemned cell till the bolts were drawn, death in each case being instantaneous.

Kennedy hobbled, or it would; be more correct to say that he danced, on to the scaffold, and, as he turned and faced those present, he laughed somewhat hysterically, though his voice was firm enough when he exclaimed: ” Good-bye, boys.”

Franz showed unmistakable traces of fear. His legs trembled, and his face twitched nervously. As the hangman adjusted the caps over the eyes of the men, his lips moved as if he was about to say something, but the bolt was withdrawn, and both men died instantly.

At the conclusion of the trial, and after sentence of death had been pronounced, the condemned man Kennedy turned to Franz and said, ” I’m satisfied so long as you get the same length of rope as I do.” Since then there had been a strong feeling of antagonism between the pair, but prior to the execution the men were brought together, and shook hands.

Franz was a married man, with a wife and two small children. He was a native Wellington, N.S.W.. and 25 years of age.

He was a first offender.

Kennedy was a single man, a native of Peak Hill, and only 20 years of age. He has a mother and several brothers living. The murder was his first offence also.

Since their conviction both men gave little trouble. Kennedy, though, at times, would show signs of breaking down, but succeeded in maintaining his expressed determination to die gamely. However, he, as well as his confederate in crime, clung to the hope of a reprieve up till Tuesday, but the hope was shattered by the decision of the State Cabinet that day.

Franz always protested his innocence, and complained that he had not received a fair trial. He felt his position keenly, and at times would completely break down, and weep bitterly. Both men passed their time reading and writing, and eagerly accepted the spiritual ministrations offered them.

Both men saw their relatives and friends for the last time on Tuesday night. Each passed a fair night, awoke early, and partook of a light breakfast. Just prior to execution, they expressed themselves as perfectly resigned, and fully prepared to die.

Franz‘s last words before he left the cell were in regard to his wife and children. He also expressed thanks for the manner in which he had been treated by the gaol authorities.

Kennedy also expressed his thanks to the latter, and said he was prepared to accept the punishment for his crime.

The murder for which the men paid the extreme penalty of the law was described by Sir William Cullen, Chief Justice, who presided at the trial, as the most callous and cruel in the annals, of Australian crime.

On September 25, Constable George Duncan, who had only arrived at Tottenham on the day previous, arrested a friend of Kennedy’s on a charge of having used indecent language.

According to a statement made by Franz, the murder was planned at the residence of the two Kennedys, and it was agreed that the two Kennedys and Franz should visit the lockup that night, and shoot Duncan. This was done, and, an Duncan was engaged at a typewriter, he was shot twice in the body from the rifles of the men, who stood at the window, and aimed at a distance of only about 8ft. The third bullet struck a partition just above where the constable was sitting. Duncan staggered outside to the wire fence, where his dead body was found a few minutes later by residents, who were attracted by the rifle reports.

Franz was responsible for the arrest of the two Kennedys, under whose threats he alleged he was forced to participate in the deed. Franz and Roland Kennedy were tried together, and convicted, whilst Michael Joseph Kennedy, an elder brother, was tried the following day, and acquitted, the case being withdrawn from the jury by the Chief Justice, on the ground that the Crown had failed to corroborate the evidence of the accomplice, Franz.

It is a noteworthy fact that Franz was the first Informer in New South Wales to suffer the death penalty.

Both bodies were buried in the Bathurst cemetery. It is understood that the relatives of Kennedy applied for the body to be taken to Sydney for burial, but the request was refused by the authorities for certain reasons.

Previous hangings at Bathurst gaol were:- Bertie Glasson, in 1893, for murdering Mr J. W. Phillips, bank manager, Carcoar, and Miss L. Cavanafh. In 1804, Frederick Dennis, alias Paton, was hanged for shooting J. W. Hall, at Fifield.

CONSTABLE DUNCAN’S MONUMENT.

The monument to the late Constable Duncan, which has recently been completed, forms a striking object in the local cemetery. It consists of an obelisk of granite, resting on a concrete base, inset with tiles, and rises to a height of about 12 feet.

On the face of the obelisk an inscription sets forth that ” This monument was erected by the Government of New South Wales to Constable George Joss Duncan, of Tottenham, who was treacherously shot dead in the execution of  his duty on the 26th September, 1916. ”

It may, however, be mentioned that the total cost of the monument was not borne by the Government. The proceeds of the concert organised by Mrs. J. F. Allen in October last, and totalling some £13 were expended on the base and tiling on which the obelisk rests, although the monument bears on its face no reference to this contribution from the people of Parkes.

https://trove.nla.gov.au/newspaper/article/113525231

LATE CONSTABLE DUNCAN.

A Parkes correspondent says: ” The monument to the late Constable Duncan, which has recently been completed, forms a striking object in the Parkes cemetery. It consists of an obelisk of granite, resting on a concrete base, inset with tiles, and rises to a height of about 12 feet.

On the face of the obelisk an inscription sets forth that ” This monument was erected by the Government of New South Wales to Constable George Joss Duncan, of Tottenham, who was treacherously shot dead in the execution of his duty on 26th September, 1916. ”

The correspondent, however, goes on to say that £13 of the cost was contributed by the Parkes people.

THE LATE CONSTABLE DUNCAN.

Messrs McMurtrie and Co., .monumental masons, of Summer street; have received the following letter, from the “Inspector General of Police :

” I beg to convey to you.an expression of the appreciation of this department, with regard to me manner in which you have carried out the work entrusted to you, of erecting a monument over the grave of the late Constable George Joss Duncan, at Parkes, and to thank you for the generous treatment you have given the matter in carrying out certain details beyond those originally specified,at your own expense.

Your obedient servant.

JAMES MITCHELL,

Inspector General of Police.”

I.S. MEDALLISTS

Police and Prisons Officials DISTINGUISHED SERVICES

The Governor ( Sir Walter Davidson ) presented Imperial Service Medals to retired members of the police force and prisons department at the police depot this afternoon. Below are summaries of the official records of the services and deeds of the recipients.

FALL FROM A HORSE.

CONSTABLE DUNCAN INJURED.

A rather serious accident happened to Constable George Joss Duncan, at Bogan Gate, on Friday.

The trooper was riding a rather vicious horse, and taking fright somewhere close to Bogan Gate, the animal bolted. After a long run, the mounted trooper and horse both came to grief, and the horse, in falling, rolled over the rider.

The constable was picked up, and as he was suffering from concussion of the brain and other injuries, he was taken to Parkes Hospital, where he regained consciousness on Sunday.

Two of the first men to come to the constable’s assistance, were a pair he had locked up the previous evening for imbibing too freely.

On inquiries being made at Parkes Hospital to-day, it was gleaned that Constable Duncan is making good progress.