Virtual
War Memorial
Australia

Twice wounded in Action. Discharged from Service on 21 Aug 1919

"MURDER CHARGE IN STATION SHOOTING

CAIRNS, Friday. — Henry Herbert Hayman, of Idalia station, 30 miles from Croydon, was shot dead with a revolver this morning at the station property, and a man has been charged with wilful murder. No details were obtainable to-day as the telephone line to Croydon was out of commission. Hayman is a member of a family which owns a number of station properties. Police from Cairns will leave for Croydon by plane to-morrow morning." - from the Brisbane Courier Mail 01 Mar 1941 (nla.gov.au)

"NOT GUILTY.  Selector On Murder Charge

CAIRNS, April 22. The shooting of Henry Herbert Hayman at Idalia homestead, in the Croydon district, on February 28, was described in the Circuit Court to-day by a policeman who saw the actual shooting, when Henry James Smith was charged with wilful murder. Constable Frederick Dornbusch, who was on patrol in connection with reported cattle stealing, deposed that Hayman and a tracker were waiting under a tree when he called on Smith and asked him to accompany them on the patrol. Smith had breakfast, and when he emerged from the house witness noticed that he had a pistol in a holster strapped to his waist. Smith mounted and rode towards Hayman. Witness had just lightened the reins, ready to move off when he saw Smith's right hand go down and draw the pistol from the holster, saying "Well, Harry, I have waited for this for years." Smith, witness alleged, then fired three shots in quick succession into Hayman's body. Hayman's horse galloped off, and Hayman fell off near the house. Witness seized Smith's horse, and when he jumped off he grabbed the pistol, which had been replaced in the holster. Witness said "What did you shoot that man for?" and accused, he alleged, replied "It had to be done. The only thing I am sorry for is that the other ---- is not here -his brother Alf." Witness then warned accused, who replied "I shot him, and I'm prepared to pay the penalty."

Investigation disclosed that Hayman was dead, and the body was placed in a truck for Croydon. During the drive in, witness alleged, accused, in reply to a question, said "He had to be shot, as he was trying to run us off the property." Blacktracker East said he had seen Smith draw the pistol and fire three times at Hayman. At the time of the shooting, he said, Hayman was unarmed. Subsequently Smith was interviewed by Detective Sergeant Thomas Burns, who told the court that Smith had said to him "There are a lot of things I could say, but you would not understand. The fact is that I am a battler. Hayman was like me, but he has got above that. Now he does not want anyone else to exist, and he has been trying to squeeze me out of the district altogether, and I was not going to take it. I shot him, but I would not have shot Mr. Dornbusch. I would not hurt him." Constable Jack Wallace Bracken stated Smith had told him that he made up his mind to shoot Hayman as be was riding towards him. Medical testimony given by Dr. Burke-Gaffney was that there were three bullet wounds in Hayman's body. One bullet, which entered the vessels of the heart, would have caused instant death. The widow of the deceased, Jane Maud Adelaide Hayman, stated her only sister was married to the accused. Until a few years ago her husband and Smith had been good friends, but she did not know what caused their relations to change. She knew of no reason why Smith should want to injure her husband. Mr. F. Paterson, who appeared for the accused, said he intended to call evidence, but the accused would give a statement from the dock. Mr. Justice Douglas said that if the defence was that accused was insane when the shooting took place - and he was not denying the fact in evidence then it was an extraordinary course to task the accused to give only a statement. Mr. Paterson mentioned that in the lower court the brother and wife of accused had been called, but the Crown had not done so this time. Mr. Quinn, Crown Prosecutor, was given permission to reopen the cause, and John Smith, brother of the accused, was called. He said, replying to Mr. Paterson, that his brother had an accident in 1925 and was in hospital for 12 weeks, being unconscious for a couple of days. After he came out he suffered headaches. The accused had another accident in 1935. His headaches continued, and accused changed his disposition. Accused had spoken of Hayman trying to drive him from his property. Last December accused was thrown from his horse at Georgetown.

From the witness box accused referred to the accidents in 1925 and 1935, also last December, since when he had suffered headaches and could not sleep well. He never had any serious dispute with Hayman, but Hayman told him he would get him (accused) off his property. On February 28, when he went into the house, accused found his wife crying, and she stated that they would have to look for a new home. Accused said she was upset at the time. He did not take the revolver to deal with Hayman. He did not know what caused him to shoot Hayman, and the first he realised that he had shot him was when he saw Hayman on the ground. He did not shoot Hayman in anger, and did not have control over himself when he shot Hayman. In reply to Mr. Quinn, he said he did not remember saying to Dornbusch that he was sorry Hayman's brother, Alf. was not there. He remembered putting a pistol into his holster, but not taking it out. Dr. D. C. Sword, who examined the accused on Monday, told Mr. Paterson that, assuming accused was thrown from his horse in 1925 and 1935 and was unconscious for some time, it would tend to interfere with his mental faculties. Assuming that accused had the symptoms and had shot a man when there was no quarrel and no attack, and the man had been shot in broad daylight in the presence of a policeman, it would be feasible for a person to do that shooting if he suffered from a disturbance of his mental faculties. A persecution mania would be the effect of some mental disease. In reply to Justice Douglas Dr. Sword said accused was sane when he examined him.

The jury retired at 3.50 p.m., and returned at 4.40 p.m with a verdict of not guilty, on the ground that accused was of unsound mind when the act was committed. Justice Douglas ordered the accused to be kept in strict custody in the Townsville gaol until such time as His Majesty's pleasure was known." - from the Townsville Daily Bulletin 23 Apr 1941 (nla.gov.au)