In the early afternoon of Thursday 30 August 1923 Constable Delaney went to Tyntynder (near Swan Hill) to interview Frederick James Smith. Smith a 15 year old ward of the State was a suspect in relation to a burglary. On his entering Smith’s home the youth challenged Delaney and menaced him with a shot gun. Delaney advanced on the lad who shot and fatally wounded the constable. Smith fled the premises on Delaney’s horse but surrendered himself to police at Nyah West later the same evening. Smith appeared before the Bendigo Supreme Court charged with murder. He was convicted of manslaughter and sentenced to 15 years imprisonment. He was further ordered to receive a private whipping of 10 lashes of the birch.