FATHER CHARGED WITH MURDER

Evening Star, Issue 23174, 25 January 1939, Page 3

FATHER CHARGED WITH MURDER

WIFE AND SON SHOT MEDICAL EVIDENCE ON MENTAL CONDITION [Peh United Piiess Association.) NKLSO.N, January 21. After several adjournments the hearing of tlie double murder charge against Arthur Frederick Kerr, aged 54, took place in the Magistrate’s Court to-day before Mr T. E. Mauusell, S.M. Kerr is charged that on December 10, at Unnvhenua, lie murdered his wife, Laura May Kerr, and on the same date murdered his son, Hoy ißobert Kerr. At the end of the hearing the accused was committed for trial on both charges at the next sitting of the Supremo Court at Nelson. Mr C. H. Fell was in charge of the prosecution and Mr W. V. Uout represented the accused. Max James Arthur Kerr, aged 19. a son of the accused, said he lived at home and went out to work. After milking on December 15 his father and some of the neighbours discussed plans for the next day. His father was in good spirits. Witness did not know of any financial worries. Witness afterwards went home with a neighbour and on returning home all the lights were out. The .22 rifle belonged to him and used to be kept in his hut. The first thing he heard in the morning, witness continued, was his father calling out at about 4.110 o’clock. His father was yelling and waving bis arms about. Witness caught hold of his father, who was swaying about and who grubbed hold of a tomahawk nearby, swinging it at witness, who look it from him. His sister came back to the door and there was talk of going for help. He went to his mother’s room and Jack's room, but ho did not remember at exactly what time. He found his mother lying in bed and he spoke, but she did not answer. He believed that lie saw she had been shot in the head. The bedclothes were folded back where hi.s father had got out. He went into Jack’s room and found that he was also apparently dead. Whilst waiting for the police and a doctor. Ids father wanted to know where Jack was. Witness did not remember if his father said anything about his mother. He did not say anything which showed he know what had happened. Witness did not think lie knew; a lot that his father said was unintelligible. His father owned the farm, and wished to pay cash for the milking machine, witness said. His father was 54 and his mother 49. His father was fond of Jack. Ronald Hope Simpson, a farmer, of Urunhenna, said he had been a neighbour of the Kerrs for 12 months. He had seen Kerr constantly. He had been in the Kerr home on many occasions, and they all got on well together. Kerr was fond of his wife and Jack. He seemed to be in good health, but had complained “ on occasions of being dizzy sometimes when he stooped. When he reached Kerr’s house on the morning of the tragedy. Max Kerr and Scott were there. Kerr was yelling and later kept calling “ Jack.” Otherwise what he said was not intelligible. He did not appear to recognise witness. The accused did not sav anything that showed he knew what had happened to his wife and Jack. Another neighbour of the Kerrs. Robert Alan Scott, said he had known the accused all his (witness’s) life. Conditions in the home were excellent. Ho had been with the others the night before, and Kerr seemed quite cheerful. 11a Kerr called on him about 5 o’clock next morning. When ho arrived at Kerrs’, the accused was waving his arms and yelling. In fact witness conk! hear him yelling when he (witness) got out of bed at his own place, and he was still yelling when he got there. When witness arrived and spoke to him, the accused started to look round and mentioned his name. He mentioned Jack now and again, and seemed to he worried about him. Kerr said: “ You know I love my_ little boy.” While witness was holding him the accused nude a dive for a tomahawk. Once ho turned to the back door and said; “Mother, come on out,” Apart from the statements referred to. the accused said nothing intelligible. Once when he was wanting Jack, to quieten him witness told him that Jack was asleep, and for the time being that seemed to satisfy him.

Alexander Charles Stravrbridge 1 a police constable at Takaka. said Kerr frequently asked where Jack was. The constable took charge of the accused and kept him at the station at Takaka till the next afternoon, when he was taken away. The accused’s condition improved during that time. He found two used .22 cartridge cases, one outside Mrs Kerr’s room and one in Jack’s porch. The accused was charged with the murder of his wife on December 17, but did not appear to understand the proceedings. MEDICAL TESTIMONY. Dr Edward Coventry Bydder said that in the front bedroom of the house he found Mrs Kerr’s body lying on its back in a natural position. A postmortem examination disclosed no actual bullet, but several pieces of lead of varying size were found. When lie saw Kerr at his house on the morning of December 16 the accused did not recognise him for quite a while. He found him very maniacal, violent, and delusional. He was confused and disorientated. He recognised witness for a few seconds. He also recognised his sou Max for a short period, but appeared to recognise no one else. Witness examined Kerr again on the evening of December 16 and found him not so violent, but mentally as bad as he had been in the morning. Physically there was nothing to find fault with, but mentally he was depressed and confused. He did not recognise witness and answered no questions.

To Mr llont witness said the accused’s apparent belief that the boy was alive and unharmed was consistent with his mental condition when witness examined him. Evidence concerning the boy’s body was then given by Dr John Carroll. BEHAVIOUR IN HOSPITAL. Detective-sergeant Hayhurst described the finding of the cartridge shells and the bullet. Between December 16 and ‘24 be saw the accused on a number of occasions and he was irrational throughout, but improving. On December 24 he was present at the .Ngawhatu Mental Hospital when Dr Williams informed the accused he was being held by the police on a charge of murdering his wife and son The accused was not normal at the time, and the significance of this statement did not appear greatly to impress hint. The position was explained a number

of times and the accused then said; “ You are only telling me a yarn. They were all right when 1 left.” The matter then seemed to slip from his mind. Though he could not remember, the accused was a much improved man today. To Mr Rout witness said that when the accused was brought to Nelson he was examined by the gaol surgeon and shortly after by Dr Williams, who advised his removal to the public hospital. Ho remained there till December 23, when he was committed to the mental hospital. Mr Eell said that, in fairness to the accused, as the evidence would he published. he wanted to point out that it was not in the province of the court to go into the mental condition of the accused.

After Gregory Gerald Kelly, ballistics expert, had given technical evidence on the rifle and bullets the accused was committed for trial on both charges at the next sitting of the Supreme Court at Nelson.