MURDER TRIAL

Southland Times, Issue 19025, 22 August 1923, Page 5

MURDER TRIAL

THE COLDSTREAM TRAGEDY WAS ACCUSED INSANE! (Per United Press Association.) CHRISTCHURCH, August 21. A plea of not guilty was entered by Albert Frederick Maxwell Kissel, aged 18, when charged at the Supreme Court with the murder of James H. Mackenzie at Coldstream on .lune 12. Challenges were numerous. The Crown Prosecutor said Mackenzie was undoubtedly shot by Kiasel, who might have expected financial benefit from Mackenzie’! death as he was the sole legatee under an unsigned will. Having had the night and 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 of Coldstream, who said Kissel said he was mad and had previously shot, a girl. Kissel was first employed on the estate in January, when he came to visit Mackenzie and live in his hut. Cross-examined, he said Mackenzie, in his will, referred to "my well beloved Max Kissel” and wm always exaggerated in praise of the youth. Witness had a boy of ten, but he had never complained of Mackenzie’s conduct. Allan Gourlay. a 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, very broken up. Was his mental state disturbed? Yes. From the way be spoke. Mr Donnelly (the Crown Prosecutor).— Did you ask him what was the cause of the fit of 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 Kissel's conduct while he was there was quite all right. Mr Acland: Did Kissel once tell you he had a horrible dream ? He said he dreamt he was sitting and crying with a girl on each knee and two more were fighting with knives. Have you seen him hysterical? Yes. Was your wife frightened of him ? Witness: No. Didn't you tell him your wife was frightened and wanted him to clear out? I told him something like that, after he said he killed Mackenzie. Did he tell you that he had seen Mackenzie’s face in the paddock or heard his voice there? Witness: No. Witness to Mr Acland, 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 stare in his eyes and looked dazed. What happened when he was told Mackenzie’s death ? He collapsed and screamed and kicked like a madman? Did he seem to be acting or genuine? I should say genuine. He shed tears while he was with you? Yes, real tears. He must be a very good actor otherwise. Did Mackenzie say anything to you about Kissel? He called him his darling boy and said that he would do more for him than for anybody else. € His praise was very exaggerated? Witness: Yes. Did Mackenzie want to have Kissel taken on to the Coldstream estates r Witness: Yes. In what capacity? As cowman. Mr F. S. Wilding, who appeared with Mr Acland for the defence, in opening the defence, said that 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 the 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 facts to show the state of mind as follows:—Personal history, family history, story of crime, and state of mind before and after the act. The story opened when the boy aged nine, met Mackenzie at Lyttelton, in connection with Sunday School work. Since (hat time the relations between the man and boy had been of a revolting character. Mackenzie had used religicn to obtain influence and ascendancy over Kissel. He bad been wickedly cunning. 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 sighl of the boy until he was 15, when the boy was well grounded in lhe pernicious habit. The boy obtained work in the country. Mackenzie wrete affectionate letter? to the boy. The habits inculcated led to a condition of subnornr.lity. So it was, counsel contended that Mackenz«e held his swav in Kissel’s life. Then the fateful day arrived, which was the culminating point when the particular state of mind was formed. "The whole of the facts will 1* put before you,” said Mr Wild n*:. "and you will have the assistance of medical exoerts who, I may say, are the foremost of the land, and after you have heard lhe whole of the evidence, it will then be for you to say whether this 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 selfcontrol.” His Honour: To put it plainly to the Jury that he was insane at the time. I de not think you can go far with that. At far as our law is concerned, a man is wholly sane or insane, hi the time of his offence. The question the Jury had to decide. His Honour added, was whether Kiesei was insane or not. at the time of the shooting.

The case was unfinished when th? Court rose for the day.