IN the Supreme Court of New South Wales.— Probate Division.— Re estate of SARAH PHYLLIS MOUNTJOY, late of West Merrylands, in the State of New South Wales, married woman, deceased.— Probate granted by Supreme Court of New South Wales on 24th June, 1977.— Pursuant to the Wills, Probate and Administration Act, 1898-1940, Testator’s Family Maintenance and Guardianship of Infants Act, 1916-1954, and Trustee Act, 1925-1942, Regby Francis Slucher, the executor of the will of the said Sarah Phyllis Mountjoy, who died on the 22nd day of May, 1977, hereby gives notice that creditors and others having any claim against or to the estate of the said deceased are required to send particulars of their claims to the said executor at the office of D. C. Maclaren and Co., Solicitors, Holroyd House, 234 Merrylands Road, Merrylands, on or before the 23rd day of September, 1977, at the expiration of which time the said executor will distribute the assets of the said deceased to the persons entitled having regard only to the claims of which he then has notice.—Dated this 4th day of July, 1977. D. C. MACLAREN & CO., Solicitors, Holroyd House, 234 Merrylands Road, Merrylands 2160 (D.X. 739). 3924 — $10

https://trove.nla.gov.au/newspaper/article/220203748

[divider_dotted]

Rum ” got blame for shooting “

SYDNEY, Wednesday:

John Henry Fishburn had said too much rum made him shoot a sleeping man at Chester Hill, Constable A. A. Pry ( nswpf # 5826 ), told the Central Court today.

Pry said Fishburn admitted that he fired two shots at John Straughen, but both missed, so he crept closer, shot Straughen in the back, and stole £ 13/10/ from him.

Fishburn, 34, laborer, of no fixed address, pleaded not guilty to shooting with intent to murder.

He was committed for trial on March 4, 1957, and refused ball.

Constable Pry said that Fishburn claimed he did not mean to hurt Straughen.

Dr. M, J. Tarlington, of St. Vincent’s Hospital, said a metallic body was lodged in Straughen‘s spine.

He would never walk properly again, but might, be able to get around on crutches.

Murder of baby alleged

PERTH:

WEEKEND ACCIDENTS.

Football Causes Accident.

A football which rolled under the front wheel of a bicycle ridden by Francis David Kirkby (13) of 182 Sixth-avenue, Inglewood, about 11.40 a.m. on Saturday caused the lad to be thrown heavily to the roadway. He was unconscious when a St. John Ambulance arrived and took him- to the Perth Hospital suffering from concussion. It is understood that two small boys were throwing the ball to each other in Sixth-avenue when Kirkby rode down the street.

https://trove.nla.gov.au/newspaper/article/50342001

FOOTBALL SPILLS CYCLIST

A football put a cyclist in hospital yesterday.

While 2 youngsters were throwing the ball to each other in 6th Avenue, Inglewood, Francis David Kirkby, 13, rode past on his bike.

Ball rolled under the lad’s front wheel, pitched him headlong onto the road.

Unconscious when St. John Ambulance arrived, he was taken to Perth Hospital with concussion.

Hurt When Bike Goes Over Ball

When the front wheel of his bicycle ran over a football during a street game today, a boy was thrown heavily to the roadway and suffered concussion. He is Francis David Kirkby (13), of Sixth Avenue, Inglewood.

It was reported to Constable Thomson, of the Perth Traffic Branch, that Kirkby and another boy, both on bicycles, were playing with a football with two other boys who were on foot. During the game, Kirkby ‘s machine ran over the ball and he fell. A St. John ambulance took him to the Perth Hospital.

Police Say Truck Hit Fence, Light Pole

It was possible that a utility truck had continued on after an accident because the driver’s body had slipped on to the accelerator, a police constable said in Goulburn Coroner’s Court on Saturday.

He was John Herbert Gunness, who was giving evidence at the inquest into the death of Arthur David Eady, of Yass. Eedy was found dead in a crashed utility truck on Braidwood Road on June 2.

Deputy Coroner, Mr. Peter Jackson, found death had been caused by head injuries received when Eedy‘s car had crashed into a telephone post.

Constable John Herbert Gunness said, about 3.15 p.m. on June 2 he had gone to the scene of an accident, 3½ miles from Goulburn on Braidwood Road.

There he had seen a utility truck through a fence on the eastern side of the roadway. He had noticed skid marks the first 340 yards from the vehicle. They had indicated the vehicle had veered across the roadway before leaving it. The vehicle had gone between a telephone post and fence and had knocked out two fence posts. It had continued on and struck a telephone post. “It would appear that prior to this deceased was thrown from his driving seat onto the floor, his head and shoulders protruding from the door,”. said Constable Gunness. When the vehicles struck the post, the door in turn struck deceased.”

Cross examined by Mr. P. Baker ( for relatives of deceased ). Gunness said indications were that the vehicle had been travelling at high speed.

Kathleen Isabel Livingstone barmaid at Alcestan Hotel, said that on June 2 at 2.30 pm. she was in the hotel saloon bar, where she saw deceased. He had had two or three small beers, then a whisky and water. At about 2.40 p.m. he had left the hotel. That was the last she had seen of him. At that time he was perfectly sober.

Rupert Fraser Taylor, of “Homeden,” Gundary, said about 3 p.m. on. June 2 he was driving his car along Braidwood Road. About 3½, miles from Goulburn he noticed a fence was down, and a car in the paddock. He noticed a man hanging out of the car door. He could see he was beyond hope, so rang the police.

Dr. Ronald Lloyd-Jones said that on June 2 at 6 p.m. he had examined Eedy’s body. There were indications of a fracture at the base of the skull. In his opinion death was due to brain damage as a result of this injury.

Sgt. E. C. Noble assisted the Coroner.

MAN FOUND WEARING STOLEN CLOTHES, Fined £15 Or Thirty Days

A man said in the Goulburn Court of Petty Sessions yesterday that after his suitcases had been stolen from the railway station on Wednesday he had seen another man in Sloane Street wearing clothes belonging to him.

The man was Frederick William Bannard, petrol pump fitter, of Wattle Street, Punchbowl.

John Wilson France, 35, pleaded guilty to a charge that on June 14, at Goulburn, he had stolen two suitcases, clothing, and carpenter’s tools, valued at £15, the property of Bannard.

Constable John Herbert Gunness said that at 1 a.m. on June 14 he had seen the defendants on the island platform at Goulburn railway station. He asked him where he had come from, and France had told him he had come from Yass, and he was going to try to get a job here. ” He was dressed as he is now, ” Constable Gunness told the court. ( France appeared in custody wearing light blue slacks, a dark grey coat, a blue shirt, open at the neck, and tan shoes ).

At about 3a.m. the same day he had had a conversation with Bannard, the Constable said, and later he had seen France at the corner of Sloane and Clinton Streets. He was carrying one large and one small case, and he was dressed in a leather overcoat, grey shirt, and navy blue trousers. When questioned he had admitted he had taken the property from the railway station and it belonged to Bannard.

At the police station France had said: ” You know how it is when a man has a few drinks. While I was at Yass I had my own property stolen. ” He was slightly under the influence at the time. Bannard said that last Wednesday he had arrived at Goulburn in the early hours of the morning. He had left his suitcases in the waiting room on the island platform while he went to get refreshments. When he returned his belongings were missing.

At about 5 a.m. he was walking down Sloane Street from Clinton Street. He saw a man there and noticed he was wearing his leather overcoat. There were also two bags nearby which he recognised as his property. Later he noticed the man had on his clothes. He had notified the police. All his property had been recovered with the exception of a pair of old trousers which he used as overalls.

Asked whether he had anything to say, France said he had been left in the middle of winter without any clothes. All his possessions had been stolen twice since summer.

Mr. A. J. Paton, S.M., told France to steal anyone else’s things was mean and paltry. If drink was the cause of his lapses the best thing for him to do would be give it up. ” A lot of luggage does go off this way, ” Mr. Paton said. ” I don’t know what to do with you, I am sure. I will give you an opportunity. ”

He fined France £15 in default 30 days hard labour, and ordered that the property be returned to the owner.

Mr. Paton: ” Can you pay that? ” France: ” No; sir. ” Mr. Paton: ” Are you asking for time to pay? ” France: ” No. ” Mr. Paton remanded France till July 10 on a second charge of stealing clothing worth £7/10.

NEGLIGENT DRIVING

A man charged with negligent driving said in the Goulburn Court of Petty Sessions yesterday that one of the prime causes of an accident he was involved in, was that he was dazzled by another car’s headlights.

He was Melville Cavanagh Aubrey, of Faithfull Street, Goulburn, who pleaded not guilty to a charge that on December 25, he had driven a motor car on the Hume Highway in a negligent manner.

Constable John Herbert Gunness, of Goulburn, said that on December 25, at 10 p.m. he had gone to the scene of an accident on the Hume Highway, at Yarra.

Two cars had been involved. Both had been severely damaged on the off-side front mudguards. Aubrey was the driver of one of the cars and Ralph Stone was the other driver. Stone had told him: ” I was driving along and I saw the lights of the other car coming. I slowed down and pulled as far to the left as I could. “The other car kept coming, and all I could do was sit and wait for the accident. ” Aubrey had said: ” I was travelling north at about 40 miles per hour. For a moment I did not know there had been an accident. I do not think I was on the wrong side of the yellow line. ”

GLAZIER’S EVIDENCE

Ralph Ewart Stone, grazier, Stoneleigh, Dalton, said that at about 8,.45 p.m. on December 25, he was driving south along the Hume Highway, near Yarra. ” I was about 60 yards from the bridge when I first saw the lights of the approaching car. ” I dipped the lights, slowed down, and eased over to the safety fence on the left. ” As far as I could see the other car was going slightly from one side of the road to the other. It continued on and struck the right hand mudguard of my car. ” When the car stopped, it was about 200 yards away from my stationary car.

Aubrey gave evidence that he was travelling north on the Hume Highway at that time. He came over the Yarra viaduct, crossed down the road and noticed a car coming in the other direction with its head lights on full beam. He said: ” I dipped my lights pulled towards the left and then there was a crash.

Mr. A. J. Paton,:S.M., adjourned the hearing till Monday, May 8.

https://trove.nla.gov.au/newspaper/article/104323493

[divider_dotted]

Minister denies $5,000 pay offer

SYDNEY: The NSW Minister for Police, Mr Anderson, denied last night that he had promised former Superintendent Merv Beck an ex-gratia payment of $5,000 on Mr Beck‘s retirement, but said he would “have another look at the case”.

Mr Beck said yesterday that the Commissioner, Mr Cec Abbott, and Mr Anderson had both assured him that the money would be paid.

The payment was to be made in lieu of 37 rest days which he did not take during what he calls “the greatest crackdown in the history of NSW” on illegal gambling casinos by ” Beck’s Raiders “.

Mr Beck said that for the duration of the move against casinos, in his last 3½ months in the police force, he had been working for 12 to 17 hours a day and sleeping for about four hours.

He said he had worked through his rest days because Mr Anderson told him it was a matter of urgency for the Government and he had only a short time left in the force.

During that time, Mr Beck made 1,023 arrests for illegal gambling. In the six months after his retirement, 521 arrests were made.

On the eve of his retirement, Mr Anderson officially commended Mr Beck on his achievement.

Mr Beck said yesterday that, on that occasion, he mentioned to Mr Anderson that he had 37 rest days owing.

He said Mr Anderson then promised him an ex-gratia payment. However, 18 months later, he was told that the payment would not be made.

Mr Beck said he was not given an explanation. He had asked his MP, the Member for Dubbo, to raise the matter in Parliament.

https://trove.nla.gov.au/newspaper/article/116422082

[divider_dotted]

THE STREET ROYAL COMMISSION

Freeman denies he approached Humphreys about court case

SYDNEY: Racing-commission agent Mr George Freeman denied to the Street Royal commission yesterday that he had ever approached the former NSW Rugby League chief, Mr Kevin Humphreys, about the committal proceedings against Mr Humphreys on August 11 and 12, 1977.

Mr Freeman took the oath by the Royal commissioner, Sir Laurence Street, and was then questioned by counsel assisting the commission, Mr Michael Grove, QC, and counsel for Magistrate Mr Kevin Jones, Mr Barry O’Keefe, QC.

Mr Freeman said he first met Mr Humphreys in 1980 and had since become good friends with him, but in 1977 he “did not know he even existed”.

Under questioning by Mr O’Keefe, he said he had met the former Chief Stipendiary Magistrate, Mr Murray Farquhar, in 1976, through a friend — a barrister, Mr Tony Bellanto, QC.

When asked if he knew Mr Farquhar, Mr Freeman said, “Well, I don’t want to go into that, it has been the subject of publicity for years. I will say that I never asked him to do anything wrong on my behalf.”

Mr Freeman said he was in the members’ enclosure at Randwick racecourse on July 27, 1977, with Mr Farquhar and a mutual friend, Dr Nicholas Paltos, who had given him the ticket.

Mr Freeman said it was “no big deal” entering the enclosure.

He said also that he had never met the NSW Premier, Mr Wran.

Mr Freeman is the last of the major witnesses to appear before the commission, which is investigating whether Mr Farquhar influenced or attempted to influence the outcome of committal proceedings against Mr Humphreys on August 11 and 12, 1977, and if so, whether this was at the direction or request of Mr Wran.

Under questioning from barrister Mr John Pritchard, assisting Mr Grove, Mr Freeman said he had never approached Mr Humphreys about the committal proceedings and had first met him at the opening of a restaurant at the Cronulla Leagues Club in 1980.

“We became friends after that and he attended my wedding in 1981,” Mr Freeman said.

He later told Mr O’Keefe that he was embarrassed about being thrown out of the members’ enclosure at Randwick and since that time had been told to leave the Newcastle public enclosure.

Mr O’Keefe: You were not then in the company of a man called Jim Mason?

Mr Freeman: Definitely not.

Mr O’Keefe: And you were not with a man called Mr Trimbole?

Mr Freeman: Most certainly not. I didn’t know a Mr Trimbole, let me say that right now.

Mr Freeman, when asked about the Randwick incident, said he rang Mr Farquhar to explain the situation when the magistrate was in hospital in March, 1978, the same month The National Times published a photograph showing Mr Freeman, Mr Farquhar and Dr Paltos in the Randwick members’ enclosure.

Under questioning from Mr Maurice Neil, for Mr Farquhar, Mr Freeman said he gave tips to Mr Farquhar on horse racing.

Mr Neil: You didn’t have any obligation to Mr Farquhar?

Mr Freeman: Certainly not.

Mr Freeman was asked if he was the same man mentioned in a report by Mr Justice Woodward in 1980 which said that the organised-crime figure, Mr Lennie McPherson was an associate of George David Freeman.

Mr O’Keefe read out parts of the transcript of the supplementary report by Mr Justice Woodward, which said that a George David Freeman and a man called Danny Stein, or Steinberg, of the US, had been seen in the company (inter alia) of Mr McPherson in 1976, when it is alleged couriers brought heroin or cocaine from Manila into Australia for Mr McPherson.

“Are you the George David Freeman referred to in the Woodward report,” Mr O’Keefe asked.

Mr Freeman said, “I am George David Freeman but I have never been to Manila.”

Mr Freeman agreed that in the Moffit Royal commission in 1973 he had said he had gone to the US in 1968 on a false passport with an organised-crime figure, Mr Stanley John Smith.

Mr Freeman also said it was correct that he had met an American, Mr Joseph Dan Testa, while in the US.

Mr O’Keefe: Were you once an associate of McPherson and Testa?

Mr Freeman: Yes.

Under questioning by Mr Neil, Mr Freeman said he had not rung Mr Farquhar in March, 1978, to apologise about the Randwick incident but said he wanted to “tell the truth” about it.

Mr Freeman agreed that Mr Bellanto had introduced him to Mr Farquhar at Randwick sometime in 1976.

Mr Freeman said it must have been two years before he had met Mr Farquhar that he had begun giving tips to Mr Bellanto.

Mr Freeman said Mr Bellanto had once told him he had been giving his tips to a man known as “the colonel” but he had not known who this was at the time.

He said Mr Bellanto had introduced him to Mr Farquhar as “the colonel” in 1976.

Mr Freeman said that when he had been introduced to Mr Farquhar he had not explained his criminal background.

Mr Neil then went over evidence on the Randwick incident and Mr Freeman said, “If I wanted to do something wrong with Mr Farquhar I wouldn’t have done it at Randwick racecourse with six to 8,000 people present.”

Mr Kevin Murray, QC, for Mr Humphreys, then cross-examined Mr Freeman about his relationship with Mr Humphreys.

Mr Freeman said he had been told to ring Mr Humphreys in 1979 because he was trying to obtain membership at the Sydney Cricket Ground.

Mr Freeman said he had not contacted Mr Humphreys because he had been shot shortly after the request.

Mr Freeman said he had never been paid for giving tips — he gave them because people continually asked about his selections.

Mr Murray: What motive was there for giving the tips?

Mr Freeman: Well, people ask me and was I supposed to say no to Mr Farquhar?

He said his business at that time had been the same as it was now — commission agent and professional punter.

There had been no intention that in giving tips the recipients had owed him anything.

He said he had been giving Mr Farquhar the “same friendly service” he had been giving Mr Bellanto.

He said he had not contacted Mr Farquhar on behalf of Mr Humphreys nor had he involved himself in a way that would have had any impact on the outcome of the Humphreys case. He knew of nobody else who had.

Asked what a commission agent was, he said, “Five or six years ago I had clients who used to bet with SP book makers. I used to get 5 per cent of any money I put on.”

“Now I do it course-wise for clients. It is not my choice, it is their choice. “If I get six-to-one, I give them six Mr George Freeman to-one, if they win, 1 get 5 per cent of it. If they lose, I get nothing.”

He said that at the hearings of a Legislative Council select committee set up to investigate the association between Mr Farquhar and Mr Freeman he had been described as the “Number one crime boss of Australia”.

“I think I was described as that by the imposter. Bob Bottom, and Mr Lynch [ an Australian Jockey Club detective ) described me that way,” he said.

“But he told the committee he was doing a dossier on me to warn me off, but he had not completed that document.

Afterwards I said he would never complete it until the day he dies, because he has nothing on me.

“No dossier has come along to this day, and it is six or seven years.”

He said he had written to Dr Freeman — “no relation” — after the committee hearing.

“I applied to that select committee twice, to be heard. No appearance. But I was allowed for everyone to have a free kick at me.”

Mr Anderson: Were proceedings taken against you on the matter of being warned off?

Mr Freeman: By the AJC, yes.

Mr Anderson: Did they relate to racing or anything of that nature?

Mr Freeman: The reasons were firstly, I had admitted being an SP book maker at one of their race meetings 15 years previously, and because I knew Stan Smith, who was mentioned at the Woodward Royal commission.

Mr Freeman agreed that the AJC had decided in his favour and that he could attend any race meeting in NSW, except in the members’ enclosure.

He said he had made available to the commission his tax returns from 1977 to 1982 on a confidential basis.

These were tendered by Mr Anderson.

Mr Freeman, under questioning from Mr Grove, said Mr Farquhar had gone to his Sylvania home in 1978 in relation to a defamation action he was taking against The National Times. He had wanted to know “everything and any thing” about Mr Freeman’s criminal record.

He said he had explained that he was a commission agent and a punter.

“He said someone had told him I was an SP bookmaker,” Mr Freeman said. “I denied it.”

However, Mr Freeman said he had also told Mr Farquhar that he had placed bets with SP bookmakers for a 5 per cent commission.

Mr Freeman said he had been a commission agent and punter for the past 10 years and was not now an SP bookmaker, although he agreed he had pleaded guilty to a bookmaking charge on January 24 this year.

Mr Grove asked Mr Freeman why, if he was only a commission agent, had he continually moved his offices.

“I was betting with SP bookmakers at the time and I had to move because it was probably illegal.”

“But if you are only putting bets on for punters there was no need to move?” Mr Grove asked. “What caused you to move with such frequency?”

“Becks Raiders and a gaming squad,” Mr Freeman said.

Under questioning from his counsel, Mr Anderson, Mr Freeman said the Moffit Royal commission in 1973 had not alleged that he had committed any crimes.

Mr Freeman said he did not know a Mr Trimbole and had never had any links with drugs. ‘

Two witnesses who had earlier given evidence to the Royal commission returned to the witness box yesterday.

The chairman of the Public Service Board in 1978, Sir Harold Dickinson, and the then Attorney-General, Mr Frank Walker, were questioned by Mr Grove about any allegations they had heard in regard to the Humphreys ease.

Sir Harold said the former deputy chairman of magistrates, Mr Walter Lewer, had made allegations about the case but these had been investigated and there had been no real evidence-to support them.

Sir Harold agreed with Mr Grove that the allegations made by Mr Lewer were purely hearsay.

He said the allegations had been investigated by a former official of the Public Service Board, Mr Bill Gent, now deceased, and he had made hand written notes about his investigations.

However, he said Mr Gent’s notes made no reference to the Humphreys’ matter and he did not know why.

Mr Walker, now the State Minister for Youth and Community Services, said he had only heard of rumours that Mr Wran had tried to influence the Humphreys’ case just before the ABC’s ‘Four Corners’ program in April.

He said the under-secretary of the Justice Department, Mr Trevor Haines, who was also recalled to the witness box yesterday, had never raised the matter with him, nor had he discussed the rumours with the then Minister for Justice, Mr Mulock.

When Sir Harold finished his evidence, Mr Freeman re-entered the witness box.

He told Mr Grove he had given tips to Mr Farquhar because his friend Mr Bellanto had introduced him to him.

He had given tips to Dr Paltos be cause he was his friend and his doctor.

Mr Grove: You never know when you might need some competent medical advice?

Mr Freeman: I might as well tip the butcher, baker and paper-shop man.

Mr Grove: That is precisely my point, you had dealings with your doctor, accountant … but not with a magistrate unless you wanted to call on him sometime.

Mr Freeman: That is rubbish. I didn’t want to go to prison. I didn’t know anyone before the courts.

He said he had lost his driver’s licence last year “and you say I can stop the course of justice”.

Ex-officer says he was not told to drop case

SYDNEY: A former Fraud Squad detective denied to the Street Royal commission yesterday that he and an other detective had been directed by a former Police Commissioner, Mr Fred Hanson, to drop the Humphreys investigation.

A former detective constable, Mr Michael Newton, now a barrister, also denied telling the former Assistant Police Commissioner, Mr Brian Doyle, about the alleged direction by Mr Hanson.

Mr Doyle told the commission earlier that Mr Newton and another officer. Detective Sergeant Bob Frodsham, had gone to his office in November or December, 1976, and Sergeant Frodsham had asked him for advice on what to do about a direction by Mr Hanson to drop the Humphreys matter.

Mr Doyle said he had told Sergeant Frodsham to follow the direction and then prosecute Mr Humphreys after Mr Hanson had retired in a few weeks time.

Mr Newton told Mr Michael Grove, QC, assisting the commission, he was aware of reports that he and Sergeant Frodsham had reported to Mr Doyle that Mr Hanson had directed them to drop the matter but he said the visit never took place.

To Mr John Traill, QC, for the ABC, Mr Newton said he was not aware of a suggestion that the investigation had stopped for a period after Sergeant Frodsham’s report had been sent to the Police Prosecution Branch.

He could recall no contact between Sergeant Frodsham and Mr Doyle in his presence at the time Mr Doyle had said they came to see him. He agreed he could say quite unequivocally, “it never happened”.