COLLAPSE OF MURDER CASE
SELF-ACCUSED AND SELFEXONERATED Christchurch, November 10. In his charge to the grand jury at the opening of the Supreme Court criminal sessions to-day, Mr. .Justice Stringer, referring to the charge of murder against Owen Francis Joseph McKee, of Timaru, said the case presented some unusual features, because the evidence against McKee was given by himself. It appeared that McKee assisted the other man, whom he met on July-14, giving him board and lodging. The other man worked for McKee until July 28, when a quarrel arose. The following day, according to McKee’s own statement, he heard a disturbance, and, thinking there was a .havlc about, he went out to shoot it. He did not get a shot at the hawk, but when he returned to his wliare and was endeavouring to extract the cartridge from his gun, the gun exploded, and the other man, England, was shot. The case was peculiar in the respect that it depended upon the contradictory statements of accused. His Honour felt bound to say that the circumstances were such as did not warrant placing a man on his trial. Wlhether the grand jury accepted the first statement or the second, there was no evidence that accused had criminal intent. There was no evidence, apart from‘accused’s own statement, that he was responsible for a criminal act. In His Honour’s opinion, there was no evidence against McKee, except the statements of the man himself, both of which exonerated' him.
His Honour suggested, therefore, that if the grand jury found that the facts were as he had stated, it should throw out the l)ill. If the grand jury found a true bill he would have to tell the common jury that there was no case on which accused could be convicted, and if ho were discharged in this way he could not be brought up for trial again, whereas if the grand jury threw out the bill lie would be brought up for trial again. The grand jury threw out the bill.
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Manawatu Herald, Volume XLVIII, Issue 3564, 18 November 1926, Page 4
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338COLLAPSE OF MURDER CASE Manawatu Herald, Volume XLVIII, Issue 3564, 18 November 1926, Page 4
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