MANGAMAHU TRAGEDY

Dominion, Volume 14, Issue 285, 26 August 1921, Page 6

MANGAMAHU TRAGEDY

MURDER CHARGE FAILS KINSELLA FOUND GUILTY OF MANSLAUGHTER By Telegraph —Prees / Association. Wanganiii, August 24. A case for which there had been no precedent during the past century occupied the Supreme Court to-day, when John Kinsella was charged with the murder of George Gordon at Mangamahu. The evidence given was much on the lines of that heard in tho Lower Court and telegraphed to the Press. Gordon and Kinsella and a mailman named Gibson got very drunk in a whare, something like five bottles of whisky being drunk in less than two days, in addition to drinks at an hotel. On the second afternoon Gordon lay on the floor, bared his neck and asked Kinsella to cut his head off. Kinsella went to ’the wood pile, and returning with an axe, did as Gordon asked, his head being practically severed from his body. Gibson -was too drunk to know what was taking place. Kinsella asked a farmer to fetch the police, saying: "He asked me to chop his head off and I done it." He repeated this over and over again, being in & very drunken state. When the police arrived he stiil seemed unaware of the seriousness of his act, reiteratng that he had only done what Gordon had asked. Kinsella and Gordon were good friends. Gordon was a confirmed drunkard, but, in the language of a witness, was “a decent sort of chap." Kinsella was addicted to drinking bouts, and so was Gibson, who was very drunk on the day of the tragedy, being unaware of it though in the room at the time. Counsel for Kinsella (Mr. H. F. O’Leary, of Wellington) argued that the prisoner was so hopelessly drunk that, he was beyond the capacity of forming an intention, and therefore could not be convicted of murder, but of manslaughter. None of the three men in the whare appreciated what they were doing owing to the effect of the whisky and beer consumed.

The jury, after forty minutes’ retirement, returned with a verdict of guilty of manslaughter. Accused was remanded for sentence. , ——