SHOT HIS FRIEND

Evening Star, Issue 21004, 19 January 1932, Page 2

SHOT HIS FRIEND

—. THE BANK TRAGEDY NO CASE AGAINST BURTON AH AUTOMATIC REACTION [Per United Press Association,] FEILDING, January 18. The bank tragedy inquest and • ■ charge of’ manslaughter against J. Li Burton were concluded to-day, Burton being discharged. The evidence of the shooting of Bruce M'Corkindale was as previously given, no new facts being brought to light. Dr Cameron stated when a man suddenly awakened from a sound sleep ihis actions would he automatic* especially if he were awakened in a state of alarm. His actions might ba described as instinctive or voluntary. All the evidence showed that M'Corkindale had made every effort to ascer- • tain if Burton had returned without success, therefore he felt it his duty to sleep on the premises. . Burton gave evidence that he had not thought it necessary to advise M'Corkindale of his return >to sleep on the premises, as he had returned! as arranged. He was a heavy .sleeper.! He was awakened by hearing a noise at the window. He sat up, seized a re- ' volver, And fired twice_ at the window; without 1 taking conscious aim. Ho thought someone was trying to' break into the bank with the intention to rob.He thought it necessary to act quickly or the other person might have done so. After firing he tried to telephone to the police. Then he looked out, expecting to see the, person escaping. Hie saw a policeman, who told him tbah , M'Corkindale had gone to the back ( window. He had heard of the Auck- > land bank case, which bad been discussed by bank clerks generally. _ This had tended to increase the tension of nervous bank clerks. Under cross-examination, Burton said that if ho had challenged he would have given the other person knowledge of his presence and whereabouts. He had subconsciously fired at once to get in first. • •')"■ The Coroner (Mr E. _ GoodbehereV found that Bruce M'Corkindale met his death through laceration of the; brain and a fracture of the skull, caused by a bullet fired by Burton while the deceased was attempting to enter the hank- by night. The Magisrate (Mr R. M. Watson)* on the manslaughter charge, said that there_ was no question that the only conscious thought and belief of tha 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 intent to commit an indictable ( offence. The question was, did he act reasonably? The medical evidence was that hiS. action was carried out without total consciousness. What consciousness ha had was that, if he did not act quickly, the intruder might do so. The accused fired at the window, without taking conscious aim, to frighten the intruder. He had no reason to expect, that M'Corkindale would call at the bank. . The incident was most regrettable, and it was most extraordinary that two : young men, who were close friends, and co-workers, should have been the parties in this hideous and tragic occurrence, originating from, a sense of duty. The . magistrate considered that no._ jury ; would convict, and therefore he' dismissed the charge.