THIRD TRIAL ENDS

Evening Post, Volume CXV, Issue 123, 27 May 1933, Page 15

THIRD TRIAL ENDS

POISON ADMINISTERED

'(By Telegraph.—Press Association.) AUCKLAND, May 2& The'third'trial of Nurso Elspeth. Kerr resulted in tho jury returning a verdict of guilty ou all counts. Mr. Justice Herclman remanded prisoner for sen.tence -until-tomorrow. Tho charges against Nurse Kcrr, who is 46 years of ago, were that ou April 8,10, and 16, 1932, she administered poison, veronal, 1o her eight-year-old foster daughter, Betty, Ken1, with intent to injure her, and so that her life was endangered. The case, which "Was heard in tho Police Court last July, aid not reach, trial in the Supremo Court until March. In that month Nurse Kcrr had two •trials, the first lasting eight days, and the second five. In each caso the jury failed to agree. ■In summing up his Honour said that although the case had taken a long •time, the matters in issue were comparatively simple. He invited, tho jury to concentrate attention on tho charges relating to April 10 and April 16. In poisoning cases operations, as a tulo, were v conducted secretly. The jury ■was invited to draw, an inference of guilt from certain facts and circumstances proved. Three elements in the offence charged were that the accused administered poison, veronal, to a child, that she did it with intent to injure the- child, that "by the administration of the drug tho life of the child ■was endangered. With regard to tho last point, there was abundant medical evidence to justify them in coining to the conclusion that her life was in danger. . . '.-In discussing the second point Jus Honour reviewed the evidence descriptive of a series of illnesses suffered by the child: He drew attention to the fact that two bottles were received and examined by Mr. Griffin, analyst. In one Mr. Griffin found half a grain of veronal, in the. other 21 grains. It was open to the jury to consider whether this discovery solved the whole mystery oi' the child's illness. They would bear in mind the evidence of distinguished, authorities that in their opinion the child was suffering from veronal poisoning. Startling, evidence relating to the deaths of Mr. Korr and Mrs. Day were adduced, his Honour said, to show that' the administration of the drug to the child was not accidental, but was for the purpose of causing injury. He suggested that the possibility of the child having obtained veronal in hospital was out of the question altogether. "It is open to you if you think fit," said his Honour, "to conclude that the one person who did this deed and interfered with the child is the accused.' It is not necessary for the Crown to prove the motive." . - ■'~■■ The jury returned after an absence of an 'hour and ten minutes,, Some demonstration of surprise from the back of the Court was promptly suppressed. In-discharging the jury his Honour said:. "I" have to thank you for your services. You. have been engaged upon »■ difficult and important case. _,You ■will be relieved, from further service on a jury for three years."