COLDSTREAM MURDER.

Waikato Times, Volume 98, Issue 15320, 22 August 1923, Page 5

COLDSTREAM MURDER.

KISSEL BEFORE THE COURT.

SENSATIONAL EVIDENCE,

By Telegraph —Prpss Association. CHRISTCHURCH, Wednesday. The trial of Albert Frederick Kissel, aged 18, who is charged with . the murder of James H. McKenzie at Coldstream on June 12, was continued. Allan Robert Gourlay, school teacher, said Kissel sometimes asked peculiar questions. After the tragedy his mental state seemed disturbed.

David A. Little, who employed Kissel, said he had seen him hysterical.

George H. Birch, gardener on Coldstream, said Kissel collapsed when told of MacKcnzie’s death, and screamed and kicked like a madman. Cross-examined by Mr Acland: lie seemed genuine. 1-Ie shod tears while he was with you?—Yes. Real tears ?—Yes.

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?— Yes, I should say so. Did Mackenzie want to have Kissel taken on the Coldstream estate? —Yes. In what capacity?—As cowman.

Contentions for the Defence. Mr F. E. Wilding, who appeared with Mr Acland for the defence, in opening the case for the defence, said it. might appear that the facts were simple, but their very simplicity might be deceptive. The facts that were to be disclosed 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 of accused as follows: Personal history, family history, story of the 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 that time the relations between man and boy had been of a revolting character.’ Mackenzie had used religion to’ obtain influence and ascendancy over Kissel. He had been wickedly cunning. Sinister Influence Alleged. In the course of time Mackenzie induced the hoy to visit Quail Island, where Mackenzie’s sinister influence did not languish. Mackenzie did not lose sight of the hoy until he was 15, when the hoy was well grounded in a pernicious habit. Kissel obtained work-in the country. In the meantime, Mackenzie wrote affectionate letters lo the boy. The habits inculcated led to a condition of subnormality, and so, counsel contended, Mackenzie held his sway in Kassel’s life. Then the fateful day arrived which was the culminating point, and when the particular state of mind was 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 tho land. After you have heard the whole of the evidence, it will then he for you lo say whether he know 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 Mr Justice Reed: To put it plainly to the jury, that lie was insane at the time. I do not think you can go far with 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 had not concluded when the Court rose.