NO EVIDENCE OF MURDER

Hawke's Bay Herald-Tribune, Issue 28, 17 February 1937, Page 6

NO EVIDENCE OF MURDER

-Press Association.)

Shooting Charge Reduced to Manslaughter SOUTHLAND CASE

(By Telesrraph-

INVERCARGILL, Last Night. ° After considering the case for over itwo hours, the grand jury in the Sujpreme Court to-day returned a no bili ton the charge of mnrder against Oswald [Cameron Cowie, aged 17, bank clerk. (The charge was later reduced to one of (manslaughter. The charge against Cowie arose ont iof the shooting tragedy on the morning [of December 27 when, following a visit |by four young men to the premises of ithe Bank of New Zealand at Invercargill, Michael Fletcher was shot and ikilled. The Grand Jury had previously returned to ask Mr. Justice Kennedy's direction on the question of reducing the major charge, His Honour replied that if there was sufficient probable evidence to justify accused standing trial for murder, then a true bill shouid be returned. If the jury was not satisfied of that but thought there was sufficient probable evidence to justify accused standing his trial - for manslaughter, the proper course for tho jury was to intimate that to his Honlour. If it desired to make that •intimation, he would- direct it further. The foreman intimated that the jury iwished again to retire to consider the [matter but they again returned at 1 jp.in. when the foreman said he :wished Ito state that the jury found a no bill ion the charge o£ murder and pa that jwas the only charge before it, had no [other intimation to make, His Honour: • I think I shouid say jthis, that if you are of opinion. that there is not sufficient. probable evidence jto warrant a true bill for murder— and by your decision you apparently are of [that opinion — but there is sufficient evi.idence to warrant a true bill for man;slaughter, I shall then direct that a, bill [of indictment charging accused with Imanslaughter, ,be laid before the Grand ]Jury. You will then, if of opinion that [there is sufficient evidence to warrant a Itrue bill for manslaughter, endorse this [bill ' 'true bill." The foreman asked if the jury could retire -and his Honour grauted.the re- . quest. On the Grand Jury's returu the foreman asked for an 'indictment on the lesser charge and said the jury would the consider that indictment. His Honour told the jury that he would have an indictment for manslaughter prepared and placed before ithe Court which then adjourned and when it resumed at 2.30, the Grand Jury retired to consider the manslaughter charge. They returned at 2.45 :p.m. with a true bill on the charge of [manslaughter. The foreman asked if it would be iproper for the jury to add a rider. "I think that i£ you - have any pre.sentment to make in addition to finding a bill, it shouid be made la'ter, ' ' said •his Honour. "The case has to be tried [by a Common Jury and it is so easy to do something wrong at this stage." His Honour - suggested that if the matter were in wTiting he shouid see it. After his Honour had read the Grand Jury's note he said the observation was ja very proper one. It shouid be handed jin in writing and he could announce it |at a later stage. i The trial then prpceeded and after 4one witness had been heard, the hear- {. 7 iing was adjourned till to:morrow. — — — ,