EIGHTEEN MONTHS' IMPRISONMENT

Evening Star, Issue 22881, 12 February 1938, Page 19

EIGHTEEN MONTHS' IMPRISONMENT

KERR FOUND GUILTY The hearing- of charges against Thomas Auchterlonie Kerr arising out of incidents alleged to have occurred at East Taieri on November 9 was concluded in the Supreme Court, before His Honour Mr Justice Kennedy, yesterday afternoon. After counsel had addressed the jury and His Honour had summed up the jury retired at 5.6, returning 45 minutes later with a verdict of guilty on the second of the five charges preferred—namely, assault with intent to commit rape. The case for the prosecution was conducted by the Crown Prosecutor (Mr F. B. Adams), and the accused was represented by Mr C. J. L. White, The accused! came up for sentence this morning. Mr White said he had called 15 or 16 witnesses who had given evidence as to the accused’s good character. There would have been more had tho trial been held nearer his home and had not difficulties of transport prevented others from attending. The accused had been shown to have a very high character in the small community from which he came. It was sad that a reputation built up over 40 years should, be lost through the happenings of a few minutes. Accepting for the moment that the girl’s story was true, she had not been hurt or bruised in any way through the happenings, nor had she been distressed. She had not even rushed away for help, which, on her own admission, was available on all sides of her. With regard to the photographs referred to during the case, these were of a particularly disgusting nature, but he wished to assure the court that from interviews he had had with witnesses for the defence andifrom information given him the origin and history of the photographs as given by the witnesses for the defence in the court were accurate, hut for technical reasons he was unable to present that evidence. . The charges were grave ones, said the Crown Prosecutor, and the jury in finding its verdict must have been influenced by the fact that the accused had made four different attempts to effect his purpose. A serious and unusual feature of the case was the fact that the accused had shown these undesirable photographs to a young girl. Several witnesses had testified to the accused’s good character, but it was unlikely that they would have come forward had they known that he had been storing up those photographs for a number of years. The police had a different view of the character of the accused from that put forward by the witnesses called for the defence. His Honour sentenced the accused to 18 months’ imprisonment with, hard labour..