lets start with the story of Thomas Charles Aiken such a short yet eventful life, you decide for your self what really happened with the news story's I present here.
Barrier
Miner (Broken Hill, NSW: 1888 - 1954)
Wednesday 25
September 1929
ESCAPEES
FROM LITHGOW ARE STILL AT
LARGE
POLICE
MAKING SEARCH
Sydney,
Wednesday.
Thomas Charles
Aiken and George Norman Niass, who escaped from the “Lithgow lockup” yesterday,
are still at large.
They were
located by the police from Lithgow and Katoomba shortly after 4 p.m. yesterday
near Bulwarra, but after a chase they escaped into the bush. Organised parties
of police are to-day searching the mountains for them.
The Sydney
Morning Herald (NSW : 1842 - 1954)
"JUSTIFIABLE."
Shooting of
Escapee.
DESPERATE
FIGHT WITH CONSTABLE.
REFUSED TO
BE TAKEN ALIVE.
The Parramatta
District Coroner (Mr. H. Richardson Clark) held yesterday that Constable
Bartlett, of Rooty Hill, was Justified In shooting Charles Thomas Aiken at
Rooty Hill on the night of September 25.
The Coroner
said that the law was definite on the subject. If a police officer attempted to
arrest a felon, and such person fled, knowing that he was to be arrested, then
he could be lawfully shot if he could not otherwise be apprehended. "In
this case it is a fair assumption that if Aiken was not shot he would have got
away," said the Coroner.
Charles Andrew
Aiken, the father of the deceased, broke down several times during the inquiry.
Charles
Andrew Aiken said that his son had always been a good boy at home. He left
Pennant Hills about six weeks before his death to look for work.
Sergeant Purdon,
of Lithgow, gave evidence of Aiken's arrest on September 22, in company with a
man named Niass, at Mt. Victoria Pass on a charge of horse-stealing.
George Norman
Niass, 18, described his escape from the lock-up with Aiken, who had said that the
police would never take him alive.
The father
of the deceased at this stage interposed: "This man (pointing to Niass)
"Is a
thoroughly bad person. He used to come out to my place and coax my boy away
with the horses.
Then he
blamed everything on to my boy. Last May I caught him sleeping on my premises,
and when I told him to go away he pointed a rifle at me.
"Susan
Aiken said that her nephew came to her house on the night of September 25. When
Constable Bartlett walked into the place Aiken hid under the table, but eventually
emerged.
The
constable said: "Put up your hands and surrender," but Charles made a
move with one hand to his pocket, where upon the constable drew his revolver
and covered him.
Later, the
constable put his weapon away, and then the two struggled on the floor,
gradually working towards the door. Aiken was getting the better of matters.
Outside she
heard a shot and saw the constable fire into the air, and then she heard
another shot.
Constable
William Edward Bartlett said that when arrested Aiken said: "You won't
take me alive." When witness put his revolver away Aiken rushed him and
punched him.
They closed
and struggled, first on the floor and then in the yard, and Aiken tore at
witness's mouth with his fingers, and said "I'll knock your brains
out." "He broke away from my grasp by slipping out of his overcoat,
and I fell, said Bartlett.” Then he rushed back, kicked at my face and injured
my finger. He then ran away.
I called out
twice: 'Stop, or I'll shoot.' He did not stop, and I fired into the air from
where I was lying. He ran on and passed out of sight. I got up and fired in the
direction in which he went.
I searched for
him, and found him 242 feet away from where I fired. He was a powerful man, and
too strong for me.
No one regrets it more than I do." "I have
a good deal of sympathy for the parents of the dead man, and just as much sympathy
for the constable, who is apparently such a decent fellow, and who would rather
have forfeited his position than have shot Aiken," said the Coroner.
"There is no doubt that Aiken was a violent, resentful, and excited man
when the constable arrived."
Evening News
(Sydney, NSW : 1869 - 1931)
Thursday 24
October 1929
SHOOTING OF
ESCAPEE WAS ACCIDENT, SAYS CONSTABLE
AIKEN'S
DEATH
'FIRED TWICE
TO FRIGHTEN HIM'
AFTER
STRUGGLE
CORONER
JUSTIFIES POLICEMAN
An absolute
accident' was how Constable Bartlett, at Parramatta Coroner's Court, to-day,
described the shooting of Charles Thomas Aiken, the escapee from ' Lithgow
lock-up, at Rooty Hill on September 26.
Bartlett said he tried twice to frighten Aiken, who had struggled with him for five
minute; and had then run away. 'Nobody regrets this more than I, he added.
The District
Coroner. Mr H. Richardson Clark found that the shooting by Constable Bartlett,
in the execution of his duty, was justifiable.
AIKEN a
laborer, and was 22 years of age. Formal evidence of Identification m given by
Constable Coke, who said that Aiken had been
convicted previously, and was identified by his finger prints.
Sergeant
Burton, of Lithgow, said he arrested Aiken and a man named Niass on a charge of
baring stolen a brown gelding valued at £3. They were brought before the Police
Court next day.
Grace O.
Peck, resident medical officer at Parramatta Hospital, said Aiken was brought
to the Institution at 10.30 p.m. on September 35. He was only Just alive, suffering from a bullet wound In his chest. He died a few moments after
admission. The cause of death was hemorrhage of the lungs, due to the round.
'NOT CLOSE
RANGE.'
The
Government Medical Officer at Parramatta,
Dr. Hall, who made a postmortem examination of the body, said a bullet bad
passed right through the right lung. The absence of powder marks on the clothing
indicated that Aiken had not been shot at dose range.
Witness bad
known Aiken when he was In. gaol at Parramatta some time ago. Aiken gave a
great deal of trouble In the gaol and in the hospital, He was only fairly
normal mentally. The bullet had entered Aiken's back, the doctor added.
Charles
Thomas Aiken, father of deceased, protested that hit son was quite normal He
was a good boy and a treat worker. He last saw his son on August 14, when he
left home to look for work. Later he heard that he had escaped from the lock-up.
He told a constable that if his son came home, he would take him to the police.
FATHER'S
GRIEF
Constable
Swift, in 'charge or Lithgow lock-up, gave formal evidence that Aiken and Niass
were handed into his charge and escaped from custody.
The father
of deceased wanted to ask the constable how they got out of gaol, 'because the
other boys put it all on to my boy,' he said. The Coroner told him that the
constable end not. Witness the actual escape.
Recalled to
the witness box to Identify a photograph of his son, the father broke down and
wept, He said that the other escapee, George Norman Mass, a laborer, aged 16. Who
gave himself up, told him that Aiken removed a brick from the window in the
exercise yard, pushed a bar back and then got out, and he followed.
Niass, according
to the father, related that they kept together until they reached Springwood.
Aiken said the police would never get him alive. They traveled further, and
then separated. Two days later Niass heard that Aiken was shot and he then gave
himself up.
BLAMES DEAD
BOYS MATE
'You were
always at my place coaxing my boy away,' said Aiken senior, turning to Niass,Niass denied
It.
'This boy is a very bad boy. He was always coaxing ray boy away, and when I
ordered him off the premises he pointed a rifle at me one day,' the father told
the Coroner.
James Clark,
of Springwood, said Aiken went to his house and asked for the loan of a rifle.
Witness refused, and then Aiken followed him to an outhouse, where there were
several rifles belonging to a rifle club, and grabbed one. Witness told him to
put It down. Aiken old so and left.
Another
resident of Springwood. Mrs Dorothy Carter, said that a man like Aiken went to
her house and asked for the loan of a gun.
Dr. Day said
he examined Constable Bartlett on September 26. The latter was suffering from a
strained finger and contusions to the Jaw— injuries likely to have been caused
by a struggle with a prisoner.
“GOOD NIGHT,
UNCLE”
Thomas Henry
Aiken, uncle of deceased, told how Aiken came to his house at Rooty Hill on
September 25. He knocked at the door, and said, 'Good night, uncle.' He entered
the house, and told his aunt he could not kiss her, as he was poisoned.
Witness' wife then made him a cup of tea.
Witness said
he had been warned by the police against harboring his nephew.
'Almost Immediately
after his arrival, I went to the Rooty Hill police station and told Constable
Bartlett that Charlie was at home,' he added. 'He left the station, and on my
way home I heard two shots and was told by another constable that Charlie had
been shot.'
PATHETIC SEND
'Couldn't
you have sent my boy away? When he came?' asked deceased's father. 'I could
not, Charlie. I could not.
I did everything
for the best,' replied witness:
Mrs. Susan
Aiken, wife of the previous witness, related how Constable Bartlett entered the
house when Akien was sitting In the kitchen.
The constable
went to witness grandson, grabbed him, and said, 'I've got you.' Aiken, immediately
he saw the constable, ducked beneath the table.
Bartlett
called upon Aiken to come from under the table, and witness told him to come out
and face the policeman.
Aiken came out after a while, and Bartlett told him to
take his hands out of his pockets.
Aiken said
he would not take them out for a constable or anyone else.
The constable
drew his revolver, pointed it at Aiken, and said. 'Put up your hands and
surrender.' Bartlett put his revolver away and went over to grab Aiken. They struggled
for five or ten minutes through the house and out into the backyard.
They
continued to struggle in the yard for a while, and then witness heard a shot,
and saw some sparks fly upwards. She then beard another shot.
Bartlett
came back and said Aiken was not dead.
Mrs Aiken added that she had known Constable
Bartlett, who had been stationed at Rooty Hill, for some time. He was well liked
and she had nothing against him.
CONSTABLE'S
STORY
Constable
Bartlett, first-class, said that at 9.30 p.m. on September 25 Mr Aiken came to
the police station. Witness changed into plain clothes and arrived at Aiken's
home about 9.50 p.m. He entered the back door and heard voices in the kitchen.
'I saw Jack
Aiken, grabbed him. And discovered I had made a mistake,' added witness.
'The lad said, 'He's in the kitchen,
constable, I went Into the kitchen and saw Aiken scramble under the table.
I said. -I
am Constable Bartlett, of Rooty Hill. I want you.' 'Aiken said, 'You You won’t
take me, dead or alive.' At the same time, he put his right hand in the
direction of his hip pocket.
Witness said
he drew his revolver, but when he saw Aiken was unarmed, put it away.
Aiken
then rushed him, and hit him several times on the body.
They
struggled for four or five minutes from the kitchen into the yard. Aiken put his
fingers in witness' mouth, tore at it and said: 'You, I will knock your brains
out.'
Aiken got
away by falling out of his overcoat, Witness fell to the ground with the overcoat
in his hand.
“FIRED ABOVE
HEAD'
‘He ran
away.' witness proceeded 'and I called out while I was lying on the ground:
'Stand or I shoot!'
I fired well
above his head to frighten him. He continued on out of my sight. I fired another
shot, low down, in the direction he went 'I rushed
over and found him more than 300 feet away lying in the lane, groaning. 'He asked
for a drink or water, and I gave it to him.
About 25 minutes later he was taken
by the ambulance to the hospital.
'I intended
to frighten him into surrendering, and not to shoot or injure him.' Nobody regrets
this more than I do.
I did not
have the remotest Intention of Injuring him. It was absolutely an accident I
took no aim. I could not see him.'
The constable
added that it was the first time in his 14 years' service in the force that he
had fired his revolver.'
PREVIOUS
ESCAPE
Constable
Gregory related bow some time ago Aiken escaped from witness' custody while
being taken to the police station at Parramatta, and was subsequently arrested
in his father's house.
Sergeant
Williamson said Bartlett had an excellent police record and was a capable
officer.
The Coroner
found that Aiken died in the Parramatta District Hospital from a bullet wound
In the back, Inflicted on him by Constable Bartlett, In the execution of his
duty, and that such wound was Justifiably Inflicted by the constable.
SYMPATHY FROM
CONSTABLE
'In all my
forty years' experience of the law, I've only heard of four or five other cases
where a constable has shot a civilian,' said the Coroner. He praised the uncle who
gave the information to the police.
'The case,'
the Coroner added, 'has raised the question of the constable's power to shoot
Shooting by the police could be either murder, manslaughter, or Justifiable
homicide. - If a felon escapes arrest, he may be lawfully killed if he cannot
be otherwise apprehended.
‘In this case,
I think it is quite fair- to assume that If the young fellow had not been, he
would have got away. He could not have been otherwise arrested.
One feels
for the parents of the young man, but also for ' the constable. An awfully
decent fellow like Constable Bartlett would regret this matter very much, and would
probably sooner have -forfeited his position than have shot him.
The constable
has his future before him, and has to meet the public for the rest of his life.
To be continued......
Back ground news items.
http://leathemhistory.blogspot.com.au/2013/11/you-wont-take-me-dead-or-alive1929-2.html
Back ground news items.
http://leathemhistory.blogspot.com.au/2013/11/you-wont-take-me-dead-or-alive1929-2.html
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