FEILDING SHOOTING

Hokitika Guardian, 19 January 1932, Page 5

FEILDING SHOOTING

'<4 INQUEST: ON BANK CLERK. BURTON DISCHARGED. (By Telegraph —Per Frets Association) FEILDING, January IS. The inquest on the victim of the re- ’ cent bank tragedy here and the charge i of manslaughter against J. L. Burton were concluded to day. , Burton was discharged. ' The evidence of the shooting .of Bruce McCorkindale was as previously stated. No new facts were brought . to. light. Doctor Cameron stated that when a L-' man was suddenly awakened from a / sound sleep his actions would he automatic, especially if he were awakened in a state of alarm. His actions >n such circumstances might he described as instinctive rather than voluntary.

All the evidence showed that McCorkinclale made every effort to ascertain if Burton had returned without success. He therefore felt it is duty to sleep on the premises. Burton gave evidence that lie had not thought it necessary to inform McCorkindale of his return to sleep on the premises, as he had returned ns arranged. He was a heavy(sleepw er. He was awakened by hearing a T noise at the window. He sat tip, 1 seized the revolver, and fired twice at the window without taking fionscious aim. He thought it was some-, one trying to break into the bank with the intention to rob. He thought it necessary to act quickly, or the other person might have. Aftei firing, he had to phone the police. Then he looked out, expecting to see a person escaping. He saw a policeman who told him that McCorkindale had gone to the back window. Witness said he had heard of the Auckland bank case, which had been discussed by the hank clerks generally. It tended to increase the tension of nervous bank clerks. Under cross-examination, Burton said if he had been challenged he would have- given the other person a knowledge of his presence and vhere- ■ I abouts. He had subconsciously fired at once to get in first. The Coroner, Mr E. Goodbehere, found that Bruce McCorkindale met his death through laceration of the brain and fracture of the skull, caused by a bullet fired by Burton while the deceased was attempting to enter the bank by night. The Magistrate, Mr R. M. Watson, on the manslaughter charge-, said there was no question that the only conscious thought and belief of ac eused was that an attempt was being

made hv some unknown person -forcibly to break into the bank by y night,' through an upstairs window, l -with intent to commit art indictable Offence. The question was, did firtrtoll t\ct reasonably. The medical evidence Was that hi* action was carried ou* a without total consciousness, "hat 4on3ciou»ncss he had was that _if e 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 McCorkindale would call at the bank. The incident was most regrettable. It was extraordinary when two youwg men were close friends and co-workers

that this hideous tragic occurrence, / originating from a sense of duty should separate them. ' The Magistrate considered that no jury would convict, and he therefore dismissed the- charge.