JUDGE AND JURY PUZZLED

Otago Daily Times, Issue 22889, 25 May 1936, Page 10

JUDGE AND JURY PUZZLED

SEQUEL TO SUICIDE PACT SURVIVOR CHARGED WITH MURDER MELBOURNE, May 22. One of the most remarkable murder trials in the history of Victorian justice ended in an unprecedented manner yesterday. Lachlan M'Lachlan, aged 28, was charged with the murder of George Vickers, aged 24, or, alternatively, with having conspired with Vickers that each of them commit suicide. The Crown Prosecutor said it was not suggested that M'Lachlan fired the shot which killed Vickers. Vickers had died ns a result of his own act. but if two persons were parties to a suicide pact and one shot himself and the other did not, the 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. t The jury, however, after three hours retirement, announced a verdict of guilty of conspiracy to commit suicide. Told that they were obliged to find n verdict on the count of murder, the jury consulted on the floor of the court and then returned a verdict of "not guilty of murder but guilty of conspiracy to commit suicide." They were then discharged and Were filing from the court when counsel for the defence objected to the verdict, which he said was unsound. Mr Justice Lowe recalled the jury to reconsider the verdict. A few minutes later the jury announced a verdict of murder, with a strong recommendation to mercy. Counsel for the 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. M'Lachlan was remanded.