MURDER CHARGE

Press, Volume LXXIV, Issue 22375, 12 April 1938, Page 4

MURDER CHARGE

ACCUSED COMMITTED FOR TRIAL ACCIDENTAL SHOOTING OF FATHER ADMITTED SON'S STATEMENT TO POLICE Ronald Leslie Kay, who appeared in the Magistrate's Court yesterday charged with the murder of his lather, John Kay, on March 20, admitted, in a statement read to the Court, that he had shot his father accidentally. Accused was committed by Mr E. C, Levvey, S.M., to the Supreme Court for trial. A single man aged 46, Kay is an engraver by trade. v He was arrested in the early hours of March 21 after his father had been found dead at his home in Willard street, Spreydon. John Kay was a retired railway employee, aged 74. •Mr A. C. Brassington appeared for Kay and Chief-Detective W. H. Dunlop conducted the prosecution. Fourteen witnesses were called, and the proceedings occupied the greater part of the day. Exhibits before the Court included a single-barrelled shot gun, a discharged cartridge shell and cartridges, branches of a shrub growing on the property, and a plan of the premises prepared by an officer of the Lands and Survey Department. Photographs and exhibits were produced by Constable J. B. Kearton, police photographer. An examination of the gun, the discharged shell, shot, and other exhibits was described by Gregory G. Kelly, arms advisory officer to the Police Department at Wellington. Witness said that the inside of the barrel of the gun was in fair condition. The gun had recently been discharged and its mechanism was in good working order. He could not get an accidental discharge from the gun. The trigger, which had an 81b pull, 41b more than the normal pressure, would have to be pulled before the gun would discharge. Judging by the condition of the gun, witness considered it had not been used very much for some months at least. The discharged shell in the gun was more powerful than others submitted to him with the exhibits. Witness gave details of other tests and said that striker marks on test shells fired from .the gun were the same as that on the discharged shell. , Evidence of Mother Sarah Elizabeth Kay, widow of John Kay, said that she and her husband had resided in Willard street for about 30 years. Accused was witness's son, and was an engraver. He did his work at home, having a workshop there. At the time of her husband's death, witness said she and her husband and her son were living at home and all were quite happy together. Accused spent several days in bed with a very bad cold about March 12, but witness did not consider it necessary to call a doctor as she was a trained nurse. When she was looking after her son. witness said he particularly asked her to sleep in the same room with him, but gave no reason for making the request Accused appeared to be getting better after a few days in bed, and was quite cheerful. The movements of the family on the day of the tragedy were then described by the witness. There did not appear to be anything unusual in the accused's conduct about 8 a.m. when witness took him a cup of tea into his bedroom. Accused did odd jobs about the house after the three of them had had breakfast together about 9 a.m. Witness went for a walk with the accused in the afternoon, and he was quite all right then. The three had tea together as usual, and sat at home in the evening. Witness went to the bedroom about 10 o'clock to prepare for bed, leaving her husband and her son in' the dining room. She did not return to the room. Shortly afterwards, witness heard a shot which appeared to come from the back of the house. Witness ran out on to the street where she met a neighbour named Heed. Other than the witness, her husband and her soq, there was no one on the premises at the time. The witness said her son went over to Mr Reed's house a little later and she said, "Who could have done that?" The accused did not answer. The witness said she did not know there were any firearms in the house, but some could have been there. Accused had never made a threat against any person and generally his disposition was very kind.

Dr. V. J. McGovern, house surgeon at the Christchurch Public Hospital, said that Mr Kay had been admitted unconscious at -10.45 and had died a few minutes later. An examination disclosed that he had gun-shot wounds on the side of his head and the back of his neck.

David Henry Reed said he knew the accused, who lived opposite him with his parents, Mr and Mrs John Kay. On the night of March 20, while in bed, he heard an explosion and on going out on to the. veranda saw the Venetian blinds in the-Kay's house being "very hurriedly drawn." Presently Mrs Kay came out to the front gate. He walked over to her and told her to go to his house. He then entered the Kays' home and after looking into each room and finding nobody, walked outside through the,back door where he found John Kay lying hurt. Witness could not see the injured man plainly as it was dark, so he returned to the house to get some matches. He could not find any, and as he was coming out of the front door he met the accused. He asked him whether he had heard the shot. Kay replied that he had; and was wondering "what it was about." Witness asked Kay if he had any matches, and on the accused handing him a box, the two returned'to where the injured man was lying.

By the light of the matches witness said he could see that the man's condition was serious. He suggested that accused should go and comfort his mother. He then telephoned the ambulance. After" Kay had been taken away by the ambulance witness entered the Kays' house and found accused lying on his mother's bed sobbing. Witness took the accused over to his own home, and shortly afterwards the police arrived. Reserved Disposition

The witness said he had known the accused for seven months. He was of a reserved disposition, and his demeanour on the night of the tragedy appeared to be the same as usual: Dr. A. B. Pearson, pathologist at the Christchurch Public Hospital, who conducted a post-mortem examination, submitted his report. He' identified pellets taken from the body and said that Kay's injuries were on the head and upper part of the body. William Douglas Harper, station officer for the St. John Ambulance, said Kay was lying face downwards in the back-yard near the door when witness arrived. He was unconscious but was breathing. ~ Sergeant M. Hodgins, stationed at Addington, said he saw the accused at Mr Reed's house and asked what had happened to his father. Accused said: "He must have shot himself." Witness asked accused if there was a gun in the house, and he said there was one in the bathroom. Witness could not' find any sign of a firearm, and accused said it was behind a chest of drawers, where he had last seen it in the morning. When witness searched accused he found a cartridge in his coat pocket. Accused said it was his father's coat and his father must have put the cartridge there. After a search of the grounds later witness

found a gun under a stretcher In a [tent. There was a used cartridge in the gun. Detective-Sergeant T. E. Holmes said that from an examination he made of the body it appeared to him that Kay had been shot from behind. With other officers he conducted a search of the house and premises. Detective William A. Parish said that some branches of a tree growing at the corner of the house had been badly bruised, as if a shotgun had baen fired through them. He found eight pieces of wad near the tree. Vincent John Kay, a land agent, brother of accused, said the gun was the property of his father and had been kept at his father's residence for about 20 years. Witness had used the gun about three' years ago. Detective-Sergeant J. Bickerdike gave evidence of his interview with accused, who had admitted shooting his father, but had said the gun went off accidentally. Accused, in a statement produced by witness, said he had not felt well after having influenza and his head had been causing him a lot of trouble. He went for a walk outside on the night of the tragedy and got the gun and loaded it. He was "fooling about" with it. when his father came out the back door and it went ,ofl. His father fell to the ground. Witness said accused had said he did not intend to shoot his father, as they were good pals. Accused had said: "I felt as though I wanted to do something desperate. I can't explain this feeling." Detective-Sergeant P. Sinclair corroborated the evidence of the previous witness. ! *.,-.'• .... A s Mr Brassington said he did.not wish to address the Court. Accused was then committed to the I Supreme Court for .trial.