COLDSTREAM MURDER.

Waikato Times, Volume 98, Issue 15321, 23 August 1923, Page 5

COLDSTREAM MURDER.

KISSEL BEFORE COURT.

SENSATIONAL EVIDENCE.

THE ACCUSED'E STORY

By Telegraph—Press Association. CHRISTCHUnCH, Wednesday. When the Kissel murder trial was resumed evidence was called for the defence.

Sarah Maxwell Barwell said she was Kissel’s mother. He would be 19 in December. In 1914 she lived at Lyttelton with her former husband. She met Mackenzie at the Sunday school of the Holy Trinity Church, Lyttelton. Kissel came home and said, "There was such, a nice man who taught Sunday school to-day." Kissel then was eight years. He asked her to invito Mackenzie to go to their house. Mackenzie became a frequent visitor. lie then lived on Quail Island. Kissel visited Mackenzie there for several years. Later her boys went to St. Michael’s school. Mackenzie offered to pay for Max, but she said that he could not go without the other boy. Mackenzie then offered to pay for both boys. He always seemed to be attached to Max. He kissed him and had his arms around him on tile sofa when reading to him. Did you object to that? —Yes, and Kissel’s father did too. Did Mackenzie tell you anything about his past life? —No. Witness added that Mackenzie wanted to educate Kissel at Christ’s College for the but, not wanting to be under an obligation, she sent him on a farm. Later Mackenzie stayed with the family at Loburn. He was just as affectionate to the other son as to accused. She had a daughter who walked in her sleep, and she believed accused'Ss half-brother did so. Her first husband was moody, with a

i violent temper. j The Judge disallowed questions as I to witness’ opinion of her first husband’s 1 mental condition. She said he i always took care of an old revolver, j and said he had two bullets, one for himself and one for her. I Accused entered the witness box. : He gave evidence, clearly stated, that 1 lie llrst went into Mackenzie’s' bed beause he was 'invited to do so if lie felt frightened during the night. Witness then detailed the revolting behaviour alleged to have been com- j mitted by Mackenzie. The Night of the Tragedy. i _ Regarding the night of thp tragedy, Kissel said he remembered leaning against the stable door and wishing Mackenzie dead. He didn’t remember going to the hut and getting the rillc. He remembered having difficulty with a gale at the woolshed, but didn’t know why he was there. He next remembered being in the courtyard, but could not recollect the explosion or 1 whether Mackenzie made any noise wtyen the shot was fired, lie remembered nothing more. Describing what happened after the j fatal shot was ilred at Mackenzie, Kissel said, ‘‘l had very vivid dreams that night. I dreamt I shot that girl. 1 got up as usual next morning. I won’t say the dreams alarmed me, but 1 had suspicions that things were not quite right. I went to work; I could

not get Mackenzie out of my mind. H< wasn’t haunting me or going alongside me, but I went through the hel I had had with him in connection witl: the practice ho had taught nie. “I had dinner and went to the hut I saw that the rifle had been used. I began to dawn on me that there wa: more in the nightmares than 1 thought. I saw that there were twc bullets where there ought to have been three. I thought with horror have I really killed him? I asked Gourlay if he thought I was sane. My words came out all of a jumble. What ■ Gourlay said in evidence must be right. I was what you would call disturbed by that time, and I couldn’t •leave things as they were. “I went over, to Coldstream in the direction of the house. Outside the gate 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've killed him.’ It all came on me at once that it was no dream, that I was a murderer and a criminal, and I collapsed on the ground.” Counsel: Did you go out shooting with Mackenzie? —Only once with him alone. Gould you have shot him then. —I had several opportunities to do so, when the gun would have gone off as if it were an accident. In every-day life I could not have brought myself to kit! him, although I wished him dead. Kissel Cross-Examined. Kissel gave his evidence in an extraordinarily clear manner, showing a command of English which amounted to eloquence. He was subjected to severe cross-examination by Mr Donelly. Kissel denied that he ever tried to blackmail Mackenzie.

Mr Donnelly: Did you ever remember discussing the question of murder with Walsh? —Yes, 1 remember on one occasion being down in the dumps', and I forget whether I said I was tired of life and had one more act to do. I said words to the efTect that there was a certain person I would like to kill and then swing for it and get out of it altogether. Walsh said you asked him how old a person would need to to bo : hanged, and that you had a jolly good mind to shoot your “old mother. j I can’t remember that. When did you first realise that what you and Mackenzie were doing ( was wrong? —I suppose it was when I was about 15. I was warned by a j man that I was doing wrong ( Dr. Percy Chisholm, specialist in nervous diseases, gave evidence of a technical nature. He considered that at the lime Kissel committed the . crime he was suffering from disease of the mind to such an extent to make ; him incapable of understanding in ins j personality the nature of bis act. The case was adjourned.

TO-DAY'S PROCEEDINGS,

DOCTOR CROSS-EXAMINED.

CHRJSTCIHIJtftCH, Thursday.

The Kissel murder • trial, which the Crown Prosecutor stated would continue all day, was continued with the (cross-examination of Dr. Chisholm by Mr Donnelly, the Crown Prosecutor, who asked: — "You will agree that this crime was more gross than usual, because it was the murder of a sleeping man unarmed? —Yes. And 'hat. the plea should bo proved up to the standard provided by law? — j Yes. I understand that you don't say' Kissel's irresponsibility at the time was insanity. You say ho did not' know be was shooting Mackenzie and did not know the physical acl he was committing ? —His personality did not know tho nuiure of the act. ' Mis nor? sonalily did no! know of Ihe shooting, 'hie side of him was aware of. Tho value of yoiu - opinion depends] on "'.e wi'iiuUnco of Kissel's stale-: