THE CANTERBURY MURDER.

Hokitika Guardian, 22 August 1923, Page 3

THE CANTERBURY MURDER.

KISSEL ON TRIAL. [by telegraph—per press association.] CHRISTCHURCH, August 21. Allan Robert Gourlny. school teacher said that Tvi-sel sometimes asked I ceuliar questions. After the tragedy his mental state seemed disturbed. David A. Little, who was employed with Kissel, said he had seen Kissel hysterical. George IJ. liireh, gardener at Goldstream. said that Kissel collapsed when told of .McKenzie's death, and screamed and kicked like a. madman. KISSEL'S MENTAL STATE. CHRISTCHURCH. August 21. At the trial of Kissel for the murder of MacKenzie. Allan Gourlay. school teacher, gave evidence that Kissel had sometimes a.-ked witness jecnliar questions at meal time. On one occasion lie suddenly hurst into a fit oi laughter. which, apparently was unenntrol- • able.

Mr Aelaml (who appeared for accused) : —•‘On the day following the tragedy, did ho seem to he absolutely distressed ?"

'Yes, nervy and broken up." His mental state was disturbed?"

Yes, from the way he spoke

Mr Donnelly (Grown Prosecutor): “Did you ask him what was the cause of the lit of laughter T" “No 1 didn't ask what the joke

was. David Little, fanner, near Cold stleant, on v.Tuee plate iCissel was employed at the time of the tragedy, said that Kissel's conduct while lie vn» there was quite all right. Mr Aelaml "Did Kissel once fell yen that lie had had a horrible dream?" “H'> said he dreamt he was sitting crying with a girl on each knee, and two more fighting with knives." “Have you seen him hysterical ?" “Yes.”

“Was your wife frightened of him?" “No." "Didn't von tell him your wile was frightened and wanted him to eleai out ?’’ “T told him something like that, after lie said he killed MacKenzie." "Did he tell toil that be had seen MacKenzie'* lace in the paddock or lieurd his voice there ?" “No.”

Witness, to Mr Aelaml, said that Kissel seemed to be particularly anxious to get away on the night, helnre MaoKelizie’s body was found. George Bill'll, gardener on the Coldstream Estate saiil that Kissel was ill his company for about two hours on the day the body was found. Kissei had a very vacant state in his eyes. “He looked dazed!'" “Yes."

"What happened when he was to! i o| MaeKenzie's death ?" “He collapsed and screamed and kicked like a madman." “Did I'C seem to he acting or genuine ?'' "I should say genuine." "lie shed teat's while he was wito you ?" “Yes.” "Rea! tears?" "Ye-.. He must be a very good :l"tor. ot!u n\ i' "Did MacKenzie say anyihing tn you about Kis-i-L'" "lie called him hi- dai ling hoy, ml ■oiid that he would do more for him than for anybody el.-e." "His praise was very exaggei aled ? ’ “Yes. I should say so." Did MacKenzie want to have Kissel taken on to the Coldstream Estate “Yes."

“In vvlmt rapacity?" "As cowman." Mr E. S. Wilding, who apepared with Mr Aelaml. lor the defence of Kissed in opening: the dcKsmci' stud that it. might appear that the lacts weie unij:|e. but their very simplicity siigge.-i----ed there was something that had out been heard. Kael- that were m be made known would show that- Kls-ol w;i- an unliirtinoito victim, and that the death of .MacKenzie was only all incident, in the alinir. Ihe deleltce "'l out to show that Ki--el was in a state ot mind Hint did not under him lawfully liable for his acts. The stale of mind could he artived at only from tv rt. in facts. The facts adduced by the Crown were clear, and were accepted. Me would classify the facts to show accused state of mind as follow.-: personul Id-lory, lumily history, story of the crime, and hi- slate ol mind before and after the act. Tlie sto.y opened when the hoy was aged nine. He met MacKenzie at Lyttelton in connection with Sunday School vvorx. Since that time the tolations between the man and the hoy had. been ol tv t,. rolling character. MacKenzie had used religion to obtain an influence and an ascendancy over Kissel. He had been wickedly cunning. In the course of time, MacKenzie had induced the hoy to visit (,)uail [-land, where 'I a civ e uzie's sini-ter influence did pot languish. MaeKenzie did not lost l sight of the boy until he was !•>. when the huv' was well grounded in a perniv imt- habit, lie obtained, work in the

e'liutrv. 11l the meantime MacKenzie ' v.-,-(ite all'cctionatc letters to the hoy. ; The habit - inculcated led to a coll- - dilion of sub-normality, mid so it was com,-el cunt ended, that MacKenzie held his sway m Kissel's lite. Hion the fateful dav arrived which was the culminating point when that, part.k-ului state of mind was formed. t '•intituling. Mr Wilding said: “d he whole of tin- facts will be put- before von, and you will have the assistance of medical experts, who. I may say. ire Ihe foremost in the land: and alter you have hcar.l til - wliloe of the evidence, ir v- ill i ht*ii he for you to -ay whether this hoy knew right from wrong, or whether he was entirely a victim of it ,iatc of mind I,croft of moral reasoning or o-li-cunu-d." .IPDGE INTERVENES. His Honour: "To put it plainly to the jury that he was insane at the time - 1 do not think you can go far with that. As far as our law is concerned. a man is wholly sane or insane at tin- time of hi- offence. _ j The question the. jury had to decide, j Hi, Honour added, was whether Kissel j was insane or not at the time of the shoot inji. Tho <a>e was unihii>hed wlion the court rose for the day. (T 1 K ISTCHI’KC'II. Aug. 22. ! Kissel (hrothcr of accused) sa d j ~u his visit, to Quail Island accused and MacKenzie slept in the same bed. Tb,. Judge interposed a question mi-, ring evidence of sleep walking, as to whether it was suggested that accused committed the crime in bis sleep. Counsel for defence replied in Hie negative, but said the defence desired to prove automatism. Accused thou entered the witness cox. He gave evidence clearly ant! stated that he first went to MaoKenzie's tied because lie was invited to do so if he felt frightened during the night. Witness then detailed revolt- • jnc behaviour alleged to have been '] committed by MacKenzie.