MACKENZIE MURDER.

Thames Star, Volume LVII, 23 August 1923, Page 5

MACKENZIE MURDER.

KISSELL’S STATEMENT. PROGRESS OF TRIAL. (Press Association.) CHRISTCHURCH, Aug. 25. At the Kissell murder trial Jacob Kissel, brother of the 'accused said on his visits to Quail Island the accused and 'Mackenzie slept in the same bed.

The Judge interposed a question during the evidence of sleep-walking and as to whether it was suggested that the accused committed the crime in his sleep. Counsel for the defence replied in the negative but said the defence desired to prove automatism. The accused then entered the witness box. He gave his evidence clearly and stated that he first went to Mackenzie’s bed because he was Invited to do so if he felt frightened during the night. Witness then detailed revolting behaviour alleged to have been committed by Mackenzie. He described what happened after the fatal shot was fired at Mackenzie. He said “I have very vivid dreams of that night. I dreamt I shot that girl. I got up as usual next morning, I won’t say the dreams alarmed me but I had my suspicions that things were not quite right. I went to work but could not get Mackenzie out of my mind. He was not haunting me or going alongside me but I went through the hell I had had with him in connection with the\ practice he has taught me. I had dinner and then went to my hut. 1 saw that the rifle had been used and dt began to dawn bn me that there was more in nightmares than I thought. I saw there were two bullets where there should have been three and I thought with horror “Have I killed him?” I asked Mr. Gournlav if he U ought I was insane. My words came out all of a jumble. I was, what you would call, disturbed by that time as I could not leave things as they were went over to Coldstream in the action of the house. Outside the

te I saw Martin and Birch. I wanted to get the uncertainty over as soon as possible. I asked if I had hurt Mackenzie. Martin said “You have killed him.” It all came on me at once that it was no dream and that I was a murderer and 'a criminal and I collapsed on the ground. “Did you go out shooting with Mackenzie ?’ ? asked 'Counsel. “Only once, with him alone.”

“Could you have shot him then?”

“I had several opportunities to do so when it would have gone off as «,n accident in everyday life. I could not have brought myself to kill him although I wished him dead.” After the cross examination of Kissell the medical evidence' by a nerve specialist was heard and the Court adjourned till to-day. (Press Association.) CHRISTCHURCH, Aug. 23. Upon resuming this morning the Crown Prsecutor stated that the trial would continue all day. The cross examination of Dr. Chisholm, by Mr. Donnelly, the Crown Prosecutor. was proceeding. “You will agree that this crime was more gross than usual because it was the murder of a sleeping man unarmed?” “Yes.” “And that plea should be proved up to the standard provided by the law?” “Yes.” “I understand that you don’t say Kissell’s irresponsibility at the time was insanity. You say he did not know the physical act he was committing?” “His personality did not know the nature of the act.. His personality did not know of the shooting. One side of him was aware of it but not his personality.” “The value of vour opinion depends on the acceptance of Kissell’s statement.” “Yes.”