COLDSTREAM ESTATE MURDER.

Otago Daily Times, Issue 18947, 22 August 1923, Page 8

COLDSTREAM ESTATE MURDER.

TRIAL OF KISSEL. ALLEGATION BY DEFENCE. (Pkb United Press Association.) CHRISTCHURCH, August 21. ■ A plea of not guilty was entered by Albert Frederick Maxwell Kissel, aged 18, when charged in the Supremo Court with the murder of James H. Mackenzie, at Coldstream, on Juno 12. Challenges were numerous. The Crown Prosecutor said that Mackenzie was undoubtedly shot by Kissel, who might have expected financial benefit from Mackenzie’s death, as ho was the sole legatee under an unsigned will. Having had a 'night and a morning to think over the crime. Kissel’s nerve may have failed him, accounting for his confession of the crime. Evidence was given by Robert Jarves Martin, manager at Coldstream, who said that Kissel said he was mad, and nad previously shot a girl. Kissel was first employed on the estate in January, when lie came to visit Mackenzie, and lived in his hut.

Cross-examined, he said Mackenzie, in his will, referred to Vmy well-beloved Max Kissel,” and was always exaggerated in his praise of the youth. Witness had a boy of 10, biU he had never complained of Mackenzie’s conduct.

Allan Gourlay, school teacher, gave evidence that Kissel sometimes asked witness peculiar questions. At meal time on one occasion he suddenly burst into a fit of laughter, apparently uncontrollable. Mr Acland (who appeared for accused); On the day following the tragedy did he ‘seem to be absolutely distressed? —Yes, nervy and broken up. Was his mental state disturbed —Yes, judging from the way ho spoke. Mr Donnelly (Crown Prosecutor): Did you ask him. what was the cause of the lit for laughter?—No. I didn’t ask what the joke was.

David Little, farmer, near Coldstream, on whose place Kissel was employed at the time of the tragedy, said that Kissel’s conduct while he was there was quite all right. Mr Acland: Did Kissel once tell you he had had a horrible dream?—He said he dreamt ho was sitting crying with a girl on each knee, and two more fighting with knives. '

Have you seen him hysterical? —Yes. Was your wife frightened of him? —No Didn’t you tell him your wife was frightened and wanted him to clear out?—l told him something like that after he had killed Mackenzie. Diu he tell you he had seen Mackenzie’s face in the paddock or heard his voice there?—No. To Mr Acland witness said that Kissel seemed to be particularly anxious to get away on the night before Mackenzie’s body : was found.

George Birch, gardener on the Coldstream Estate, said that Kissel was in his company for about two hours on the day the body was found. Kissel had a very vacant *tnre in his eyes and looked dazed. When -Jie was told of Mackenzie's death he colilapsed and screamed arid kicked like a madman. He seemed to be acting genuinely. He shed tears. Mackenzie called : Kissel his darling boy and said that he would do more for him than for anybody else. His praise was very exaggerated. Mackenzie wanted to have Kissel taken on at the Coldstream Estate as cowman. Mr F. S. Wilding, who appeared with Mr Acland for the defence, in his opening . address, said it might appear that the facts were simple, but their very simplicity suggested there was something that had not been heard. The facts that were to be made known would show that Kissel was . an unfortunate victim and that the death of •Mackenzie was only an incident in the affair. The defence set out to show that • Kissel was in a state of mind that did . not render him lawfully liable for his acts. The state of mind could be arrived at only from certain facts. The facts adduced by the Crown were clear and accepted. He . would classify the facta to show Kissel’s state of mind as follows: Personal history, family history, story of the crime, and accused’s state of mind before and after *,he act, The story opened when the boy, it the ago of nine, met Mackenzie at Lyttelton in connection with Sunday School work. Since that time the relations between the man and the boy had been of a revolting character. Mackenzie had used religion to obtain an influence and ascendancy over Kissel He had been . wickedly cunning, and in the course of time Mackenzie induced the boy to visit Quail Island, where Mackenzie's sinister influence did not languish. Mackenzie did not lose sight of the boy until he was 15 years of age, when the boy was well grounded in a pernicious habit. Ho obtained work in the country and in the ■ meantime Mackenzie wrote affectionate ■ letters to the boy. The habits inculcated led to a condition of sub-normality, and so it was, counsel contended, that Mackenzie held his sway in Kissel’s life. Then the fateful day aiTived, which was the culminating point to the particular state of mind which had been formed. ‘’The whole of the facts will be put before you,” said Mr Wilding, “and you will have the assistance of medical experts who, I may say, are the foremost in the land, and after you have heard the whole of the evidence it will then be for you to say whether tlds boy knew right from wrong, or whether he knew what he was doing, or whether he was entirely a victim of a state of mind bereft of moral reasoning or self-control.”

His Honor: To put it plainly to the jury—that he was insane at the time. I do not think you can go so far as that. As far as our law is concerned a man is wholly sane or insane at the time of his offence. The question the jury had to decide, his Honor added, was whether Kissel was insane or not at the time of the shooting. The case was unfinished when the court rose for the day.