BANK TRAGEDY

Evening Post, Volume CXIII, Issue 15, 19 January 1932, Page 8

BANK TRAGEDY

INCIDENT AT ANOTHER BANK.

BURTON'S EVIDENCE.

FEILDING SENSATION

EVIDENCE AT INQUEST

BURTON DISCHARGED

(By Telegraph.)

(Special to "The Evening Post.")

PALMEESTON N., This Day

John Lawson Burton,.the bank cler!:. who shot his fellow-employee, Allan Bruce McCorkindale, on the night cf 28th December at Feilding, was yesteird,ay acquitted on the charge of manslaughter by Mr. E. M. Watson, S.M., who stated that the only t conscious thought and belief of accused when he shot the deceased was that an. attempt was being made by some unknown person to break and enter the bank by night. It was revealed in evidence'that just prior to his attempt to enter his own ba.nk through the window, MeCorkLndale, in company with Constable Johnson, had actually entered another local bank, the door of which he found open. '.' , . The charge against Burton read: '•That on 2Sth December, 1931, at Feilding, having in his charge a loaded five-chamber revolver which might endanger human life, did fail to use reasonable care to avoid such danger in that he did shoot and kill Allan Bruce McCorkindale, thereby committing manslaughter."

Mr. E.M. Watson, 5.M.,. was on the Bench in • - connection with the manslaughter charge, and Mr. E. Goodbeuero presided over the inquest.

Counsel appeared; on behalf of the deceased's family, and also for.Burton. Sergeant Cahill conducted the proceedings. ;. :.-■.', .-': " ■ . ,

' The ■ bank manager, T. Selwyn Goldsmith, said : the deceased and. Burton -were firm friends. There was a switch telephone in witness's .office at the bank, but there was no obligation ..on anyone to have it : switched over at night to the living quarters. The switch had- originally been put in Ly an officer of the bank - for his own private'convenience. .

Counsel for deceased's family: "Are there any instructions regarding tne use of .revolvers at banks?"

Witness: "Just that they are to be kept in good order and handy in case ;Bf"Heed.";. . ■':'■'.'■

AVilliam, Edward Carthew, bookseller, of /Feilding, stated that he .was at the Feilding railway station at 10.20 p.m. on 28th December, and a few minutes later, went to ,his shop. He met. the .deceased on the way, McCorkindale asking witness: if he had seen Burton. Witness said he had not, whereupon the defteased had expressed a ; doubt as to whether Burton would be back to sleep on the bank premises as'arranged. On witness's suggestion MeCorkindale used the shop telephone to ?ing up the bank, but was unable to get .a reply. M'Corkindale further stated that the key was not in: the usual place, but though the reason was that Thompson, who had also been sleeping on She premises', had taken the key with him to Kimbolton. .

The ..deceased also said he, had gone to the Bank of Australasia} to ascertain if the1 clerk there had seen Burton. There was a light upstairs, but as soon as he had called: but the light had gone out. He had then found a' side door on the swing and thought the circumstances suspicious. He expressed to witness a desire togo and investigate, but witness advised against that action as the clerk there would have a revolver. Instead,' they proceeded to inform the police. '■!■.■'.■ '

Counsel for Burton: '' In your opinion it was unwise for anyone .to go into the bank at night." Witness:- "It oecured to methatithe deceased was not an officer of that bank." ! ■ ■ . . .

"At any .rate, anyone not expected, at the bank at night would be considered an intruder.''—'' I would think he would.run grave risks.?' :* Constable A. G. Johnson said he met the deceased in Manchester street. McCorkindale said he could not find the key of the bank, and on going to the Bank of Australasia to see if a clerk there named Thornley knew where it was,, he found the side door half-open. Together they went to. the. door and McCorkindale called out, but got no response. They then went into the bank, and after switching on the lights searched the, bottom floor. McCorkindale called out several times from, the bottom of the stairs and got no reply. Witness advised tho deceased to see if Thornley was. at his usual place of residence, and if he was there matters were suspicious. The deceased found that Thornley was' not at his home, so'together with a Mr". Hewitson/another employee of the Bank of Australasia, they searched the top floor and found Thornley asleep in bed. The deceased asked Thornley if he knesv where the key of the Bank of New Zealand was, the latter stating K that he did hot know. They then left and witness procedeed to the Bank of New Zealand. ■

Burton told the Court that he was 26 years of age. On occasions he was charged by his employers with the: protection of the bank at night, ana for that purpose was provided with a revolver. On 28th December he was in sole charge of the bank and had the weapon on a table beside the bed so that he could immediately, on being alarmed, reach out for it; He was a fairly heavy sleeper, and a fire which had .occurred across the road one night did not wake him. On 28th December he had returned from Opunake by car, and feeling tired, he went to bed. The rattling of the window awoke him. He immediately sat iip and. «aw an arm trying to open the window. He thought someone was trying to get inside for the purpose of robbery and tho possibility of the intruder being armed crossed his mind. He thought it would be necessary .for him to act quickly or the other man might. Ho snatched the revolver and fired two shots without taking comseious aim. Ho then ran to the telephone to ring the police, but getting no reply, ran to the window facing Manchester street, expecting to see someone escaping out of the alley way. He had no reason to . expect McCorkindale or any other clerk to call that night. He had. heard of the recent attack on a bank at Auckland and it was discussed by bank clerks in general..

Counsel: "A discussion of that case would not help to relieve the nervous tension of a cierk in a bank at night, would it?"

Witness: "No."

Sergeant -Cahill: "Did it not occur to you to find out who was at the window before you fired?"

Witness: "No. If the person had an intention to rob it would only bo disclosing where I was—that there was somebody in the place." Sergeant Cahill: "You yourself had got through that window." Witness: "Not at night—only in the day."

Sergean Cahill: "Do you know others came in that way!" , Witness: "I have been told that, but

during the last two and a half yours while I have been there it has not been used at night."

Sergeant Cahill : "Have you ever been trained in tho use of firearms?" Witness: "Not revolvers." THE VERDICT.

The Coroner returned a verdict of death from laceration of the brain and fracture of the skull, caused by a bullet firsd by Burton, while the deceased was attempting to enter tho bank by night.

in discharging Burton, Mr. Watson stated that there could be no question, from the evidence as presented, that the only conscious thought and belief of accused when he shot the deceased was that an attempt was being made by some unknown person to break and enter the bank by night by au'upstairs window with intent to commit an indictable offence in the bank premises. The question then arose, did the accused, sleeping alone on the premises and suddenly awakened from his sleep in a stato of alarm by what, lie saw, act unreasonably by shooting. The medical evidence was that his action was carried out without total consciousness. .What consciousness the accused had was that if ho did not act quickly, the intruder might do so. Burton fired at the window without taking conscious aim, to frighten the intruder. He had no reason to expect that McCorkindalc would call. The incident was most regrettable and quite extraordinary. Here were two young men, close friends and co-workers, and this hideous and tragic occurrence, originating beyond question in a sense of duty, arose to separate them. There was no suggestion of malice —no question of intention to hurt his friend.

Mr. Watson considered that no jury wquld find that the accused's action, under the circumstances, was unreasonable and careless so as to fix upon him a criminal responsibility. If the accused was sent for trial he would be acquitted. His Worship said he would not bo justified in putting the.country to the needless expense of a jury trial and the accused to the long mental agony of such a trial.