BANK SHOOTING

Rotorua Morning Post, Volume 1, Issue 125, 19 January 1932, Page 5

BANK SHOOTING

(Press Assn.—

burton • exonerated !' t C -1 , . .. i Y= - hideous tragedy originated from sfinse of duty DEATH OF McCORKINDALE

•By Teleg-raph — Copyright.)

.- FEILDING, Monday. The* inquest ahd charge- of manslaughter againSt Miv J. L. Biirtbn in •. connection with the recenf bank tragedy, when Mr. Bruce McCorkindhle wa's shot was completed to-day. Mr. Burton 'Was discharged. ■' ' The' eVidence of the shooting of Mr McCb'rkindale was as previously published, no new evidence being brought to li'ght. ' "■ - • ' ) 1 Dr. Cameron stated that when a man- was suddenly awakened 'from a' sound sleep his ' actioris would 'be automatic, especially if he was aWakfened in 'a state of -alarm.- His acitioiis ndight ;be described as instinctive or vbluntary. '- •• • • 1 •' - : I All the evidence -showed that Mr. McCorkindale made every effort tb asdertain if Mr. Btirton had returned, without" • success,' and he, • tileref ore, ffelt 'is Was his duty to sleep on the premises. ■ » •'* ' * ' ' Mr. Burton', giving -evidence, :said he had not thought it necessary to advise Mr. McCorkindale of his return to sleep on' thb'pfemises; and he had return'ed as arrange d He was a heavy sleeper 'anfi whs* awakened Vy hearing a noise ' at the WindoW. He sfebz'ed "his revdlVer and -fired . at the windbw Withdnt takihg 'consciotis'aim; He thought it was'someone trying 'to bi'ehk in "to' the bank Wit'h the' iritenti'on of ' robbing it': He- thought 'it necessaryto act quickly or the other persbn might have *done so. ' After firing he tried to telephone the police, -and then looked out exp'ecting tb see a' person escapirig. He saw a ■ p'olicettian, who told him that Mr. MeGdrkindale had gone to the back window. Heard of Auckland Case He had heard of the Auckland bank case and it had been discussed by barik clerks, and generally tended to iricrease the tension of nervous clerks. Under cross-examination, Mr. Burt'on stat'ed tbat if he bad challenged he' would have given tbe other pers'on knowledge of his presence and Whereabouts. He had subconsciously fired at once to get in first. • The Coroner, Mr. E. Goodbehere, found that Mr. Bruce McCorkindale ffiet his death through laceration of the brain and fracture of the skull, daused by a bullet fired by Mr. Burton as deceased was attempting to enter the bank at night. : The Magistrate, Mr. R. M. Watson, ' S.M., on the manslaughter charge, ;^aid there was no question that the : bnly conscious thought and belief of (Ihe accused was that an attempt was being made by some unknown. person forcibly to break into the bank by . night through an upstairs window with inteht to commit an idictable offence. The question was, did the act reasonably bear out the medical evidence that his action was carried out without total consciousness". What consciousness he had Was that if he did not act quickly the intruder might do so. Accused fired at the window without taking conscious ajm to frighten the intruder. He had no reason -to expect that Mr. McCorkindale would call at the batik. The accident was mbst regfettable and most' extra ordinary. ; The two young men were close friends and'coWorkers. ' "This hideous tfagedy, originated from a serise of duty, the Magistrate said and he'considered that no jury would convict and therefore he dismissed'the charge.