MURDER CHARGE.

Manawatu Herald, Volume XLV, Issue 2623, 23 August 1923, Page 3

MURDER CHARGE.

ACCUSED UNABLE TO RECOL-

LECT THE CRIME,

Christchurch, Yesterday. The trial of Kassel for the murder of McKenzie is proceeding. Sarah Marwell Barrell said she was Kissel’s mother. He would be 19 in December. In 1914 she live at Lyttelton with her former husband. He met Mackenzie at the Sunday school of the Holy Trinity Church, Lyttelton. Kissel came home and said: “There is such a nice man who taught Sunday school to-day.” Kissel then was eight years old. He asked her to invite Mackenzie to go to their house, and he became a frequent visitor. He then lived on Quail Island. Kissel visited Mackenzie there for several years. Later her boys went to St. Michael's school. Mackenzie offered to pay for Max, but she said he could not go without the other boy. Mackenzie then offered to pay for both boys. He always seemed to be attached to him. He kissed him and had his arms around him on the sofa when reading to him.

Did you object to that?: —Yes, and Kissel’s father did, too. Did Mackenzie tell you anything about his past life?: —No. Witness added that Mackenzie wanted to educate Kissel at Christ’s College for the church, but not wanting to be under an obligation she sent him on a farm. Later Mackenzie stayed with the family at Lowbum. He was just as affectionate to the other son as to the accused. She had a daughter who walked in her sleep, and she believed accused’s half-brother did so. Her first husband was moody, with a violent temper. The Judge disallowed a question as to witness’ opinion of her first husband’s, mental condition. She said he always took care of an old revolver and said he had two bullets, one for himself and one for her. The judge interposed a question during the evidence of sleep-walk-ing as to whether it was suggested that accused committed the crime in his sleep. Counsel for the defence replied in the negative, but said the defence desired to prove automatism. The accused then entered the witness box. He gave his evidence clearly. He detailed the revolting behaviour alleged to have been committed by Mackenzie. Regarding the night of the tragedy, Kissel said he remembered leaning against the stable door, and wishing Mackenzie dead. He didn’t remember going to the hut and getting the rifle. He remembered having difficulty with the gate at the woolshed, but didn’t know, why he was there. He next remembered being in the courtyard, but could not recollect an explosion or whether Mackenzie made any noise

when the shot was fired. He remembered nothing more. In describing what happened after the fatal shot was fired at Mackenzie, Kissel said: “I had very vivid dreams that night. I dreamt I shot that girl. I got up as usual next morning. I won’t say the dreams alarmed me, but I had suspicions than things were not quite right. I went to work, but I couldn’t get Mackenzie out of my mind. He wasn’t haunting me, or going alongside me, but I went through the hell I had had until him in connection with the practice he had taught me. I had dinner and went to my hut, and I saw that the rifle had been used. It began to dawn on me that there was more in the nightmares than I thought. I saw that there were two bullets where there should have been three. I thought with horror: “Have I really killed him?” I asked Mr Gourlay if he thought I was sane. My words came out all of a jumble. What Gourlay said in evidence must be right, I was what you’d call disturbed by that time, and I couldn’t leave things as they were. I went over to Coldstream in the direction of the house. Outside the gate I saw Martin and Burch. I wanted to get the uncertainty over as soon as possible, and I asked if I had hurt Mackenzie. Martin said: ‘You’ve killed him.” It all came on me at once that it was no dream — that I was a murderer and a criminal —and I collapsed on the ground.” Did you go out shooting with Mackenzie? asked counsel. —“Only once with him alone. Could you have shot him then? —I had several opportunities to do so when it would have gone off as an accident in every-day life. I could not have brought myself to kill him, although I wished him dead. Kissel gave his evidence in an extraordinarily clear manner, showing a command of English which amounted to eloquence. Accused' was subjected to a severe cross-examination by Mr Donnelly, the Crown Prosecutor. Kissel denied he had ever tried to blackmail Mackenzie. Mr Donnelly (to accused): Did you ever remember discussing the question of murder with Walsh? Accused: Yes, I remember on one occasion being down in the dumps, and I forgot whether I said I was tired of life, and had one more act to do. I said words to the effect that there was a certain person I should like to kill and then swing for it, and gel out of it altogether. Mr Donnelly: Walsh said that you asked him how old a- person would need to be to be hanged, and that you had a jolly good mind to shoot your “old mother?” Accused: I can’t remember that.

Have you any recollection of having told Walsh you had a jolly good mind to shoot your mother? •—No. When did you first realise that what you and Mackenzie were doing was wrong?—l suppose it was when I was about fifteen. I was warned by a, man that I was doing wrong. Dr. Percy Chisholm, a specialist in nervous diseases, gave lengthy evidence of a technical nature. He considered that at the time Kissel committed the crime he was suffering from a disease of the mind to such an extent a.s to make him incapable of understanding in his personality the nature of his act. The case was then adjourned till to-morrow.