BANK TRAGEDY.

Auckland Star, Volume LXII, Issue 15, 19 January 1932, Page 11

BANK TRAGEDY.

CHARGE OF MANSLAUGHTER. DISMISSED BY MAGISTRATE. • "NO' JURY WOULD CONVICT." (B.r Telegraph.—Press Association.) FEILDIXG, Monday. The inquest on Bruce McCorkindale, aged 22, the victim of the tragedy at the Bank of New Zealand on December 28, was concluded to-day. John L. Burton, a fellow-officer at. the bank, who fired the fatal shot, was' charged with manslaughter, but was discharged, the magistrate expressing- the opinion that no jurywould convict. No new facts were brought to light. Dr. Cameron stated that when a mail was ■suddenly awakened from a #011 rid sleep his actions would be automatic, especially if lie were awakened in a .state of alarm. His actions might be described as instinctive or voluntary. All tile evidence showed that McCorkindale made every effort to ascertain if Burton had returned, but without success. Therefore, he felt it his duty to sleep on the bank premises. Awakened From Sleep. Burton gave evidence that he had not thought it necessary to advise McCorkindale of his return to sleep on the premises, as lie had returned as arranged. He was a heavy sleeper. Awakened by hearing a sound at the window, lie sat I up, seized his revolver and fired twice at 11110 window without taking conscious aim. Ho thought someone was trying to I break into the bank with the intention of robbing it, and ho considered it necessary to act, quickly or the other person might have done so. After filing, Burton said lie tried to J telephone the police. He then looked I out, expecting to see a person escaping. He saw a policeman, who told him McCorkindale had gone to the back win- | dow. He had heard of the Auckland bank case, which had been discussed by bank clerks generally, and tended to increase the tension of nervous bank clerks. Under cross-examination. Burton said if lie had challenged he would have given the other person a knowledge of his presence and whereabouts. He had subconsciously fired at once to get in first. ''Did He Act Reasonably?" 1 The coroner, Mr. E. Goodbeliere. found that McCorkindale met his death'through laceration of the brain and a fracture of the .skull, caused by a bullet tired by Burton, while deceased was attempting to enter the bank at night. The magistrate, Mr. K. M. atson, dealing with the manslaughter charge, said there was 110.question that the only conscious thought and belief of the accused was that an attempt was being made by some unknown person forcibly to break into the bank by night through tho upstairs window with intent to commit an indictable offence. The question was: Did he act reasonably.'

The medical evidence was that his action was carried out without tota; consciousness. A\hat consciousness he had was that, if lie did not act quickly, the intruder might do so. Accused live;, at the window without taking conscious aim. in order to frighten the intrinlvr. Tie bnd 110 reason to expect McCorkindale would call at the bank. The incident wsis most regrettable and extraordinary. I he two young men were close

The- magistrate considered 110 jury would convict, and. therefore, he dismissed the charge against Burton.