JURY'S TWO VERDICTS

New Zealand Herald, Volume LXXIII, Issue 22427, 25 May 1936, Page 11

JURY'S TWO VERDICTS

STRANGE MELBOURNE CASE SEQUEL TO SUICIDE PACT MELBOURNE, May 21 One of the most remarkable murder trials in the history of Victorian justice ended in an unprecedented man- < ner yesterday. Lachlan McLachlan, aged 23, was charged with the murder of George Vickers, 24, or alternatively with having conspired with Vickera that each of them should commit suicide. The Crown Prosecutor, Mr. Book, said that it was not suggested that McLachlan fired the shot which killed Vickers. Vickers had died as the result of his own act, but if two were parties to a suicide pact and one shot himself and the other did not th« survivor was guilty of murder. Mr. Justice Lowe told the jury that if it came to the conclusion that there had been an agreement to commit suicide a verdict of guilty of murder must be returned. The jury, after three, hours' retirement, announced a verdict of guilty oJ conspiracy to commit suicide. On being told that it was obliged to find a verdict on the count of murder, the jury took counsel on the floor ol the Court and then returned a verdict of "not guilty of murder but guilty ol conspiracy to commit suicide." The jury was then discharged and the members were leaving the Court when counsel for the defence objected to the verdict which, he said, wa3 un« sound. Mr. Justice Lowe recalled the jury to reconsider its verdict. A few minutei later the jury announced a verdict ol murder with a strong recommendation to mercy. Counsel for accused formally objected to the verdict on the ground that the jury had already returned a verdict of not guilty of murder and had been discharged. Mr. Justice Lowe said that in view of what*had occurred he proposed to ask the Court of Criminal Appeal what verdict should be recorded. McLachlan was remanded.

Tlie body of Vickers was found near the lake in Albert Park, Melbourne,, on December 24. Vickers and MqLachlan had been dismissed from the police force in which they were trainees, three days previously, following an incident with a girl's motor-car. MoLachlan made out a statement which read as follows:—"\Vb bought a revolver and tossed a coin to see who should have first shot. Vickers won. He said, 'lt is hard to do it, but there ia nothing else for it.' We shook handa and lay down on the grass. Vickers shot himself in the temple. I heard him breathing, and decided to go for an ambulance."