THE WAITARA MURDER.

Feilding Star, Volume III, Issue 831, 18 March 1909, Page 4

THE WAITARA MURDER.

DR. GOODE ON TRIAL. Ocr press association.] New Plymouth, March 17. The Supreme Court was crowded today during the hearing of the. charge against Dr. Edward Jonathan Goode, of Waitara, who was charged with having murdered Mary Ellen Klenner on December 14. In opening the case for the prosecution, Mr Weston explained the statutory definition of murder and gave a lengthy resume of the evidence to be called by him. It seemed to Mr Weston that manslaughter was out of the question. It would be either murder or nothing. FOR THE CROWN. Ida Klennor, the nine-year-old daughter of deceased, deposed that on the afternoon of the tragedy she returned home from school a little after 3. When she got near the sitting-room she heard a noise m the room. She listened at the window for a few moments and recognised the voice as* Dr. Goode's. She knew the voice well. She then went to the back of the house. Witness gave furtiher evidence of hearing three shots fired and of finding her mother lying covered with blood in the sit-ting-room near the fireplace. When witness returned from school she found 1 her uncle in the back yard. He went away to the paddock to bring in cows. Soon after, witness heard three shots 1 . Harold Henry McKoy, painter,, stated that about 3 p.m. on December 14 he was painting <at tho vicarage at Waitara. He heard three distinct shots coming apparently from Klenner's direction. Witness glanced across at Dr. Goode's house and saw Mrs Goode sitting on the verandah. •About 5 p.m. witness saw Dr. Goode come to the French casement of the surgery at his house, and' admit his dog from the verandah. Myrtle Trim, 12 years old, recollected that on the afternoon of December 14, while on the coiner, she saw Dr. Goode between his own gate and Mrs Klenner's but nearer Klenner's. He was proceeding towards his own gate. He walked into his gate and up to the steps leading to >ho verandah. She helped him up tho first step. When Dr. Goode got up to the step of the surgery he fell. He got inside. Dr. Goode said something commencing with the words "My God." Accused was wearing his coat thrown open, and a white shirt, the front of which bore a broad red patch. To Mr Skerrett: Accused attended her for two days. He was very kind to her and she liked him. While accused was walking along the road he had his hands stretched out to either side. Mr Skerrett: Was he walking straight? Witness: Ho seemed to be going in zig-zag. Continuing, witness said that what accused said to Mrs Goode was either "My God, leave me alone!" or "My God, get out of it." He spoke very gruffly and hard, and seemed to be excited. MRS KLENNER'S ALLEGATIONS. Joseph William Fitzsimnions, employed by Alois Klenner, gave evidence of finding Mrs Klenner lyiag in the front room covered with blood. When he was caHled to the house by Ida Klenner, Mrs Klenner said: "I've been shot by Dr. Goode," and added that she was dying and had only a few minutes to live. She told him to fetch her husband. Before doing so he went for assistance. As he was going down the path from the front, door of the house to the gate h<j taw accused looking into Mrs Kleur.ei •> garden from a small window at the back of his house. The only firearm 'witness had ever seen in Klenner's house, where he boarded, was a.Volunteer magazine .rifle. Witness had not previously seen the revolver produced. The reason givci n> witness by Mrs Klenner for aocuAKl slutting her was that he had wani.jd he>r»elf and she had refused (him. Sh-3 uiso said that he fired two *hots no h«r at close range. Mr Skerrett: Mrs Kleiner did not say anything to you aboac Dr. Uoode being out of his mind. Witness: No. 'Maria EJizabet'i Cliue sail that on tbj afternoon of (he trngoly si c went to Mrs Kleiner 3 plu-e. Hi = outered the aitt' i^-r- oi- w bore siu» iouhd Mrs Kleaner lying oi> the £uor Mrs Klenner did not say anything to you about Dr. Goode being out of his mind? Witness: No. Maria Elizabeth Clare said tlr;t on the afternoon of the tragedy shewent to Mrs Klenner's place. She entered the sitting-room where she found Mrs Kleiuier lying on the floor. Mrs Klenner told witness Dr. Goode shot her because he wanted herself and she said "No. ' He Lied two shotsafc her. fine was .n yr<>at fear thavlne would die before her li^f-barid arrived and said she had ••a'.y a tew minutes to Hive. To Mr Skerrett: Mrs Klenner *rid to witness that she wu 0 corta>n I j-. Goode was mad, or he woiM not law of ne it. She told witness ou-rirg iho afternoon that she ii:i<l not the shghtest fear of Dr. Go nlo vhm V ■asked to speak to her. AVitr-ess a* r l known accused about eight years. She had noticed for some years past that Dr. Goode had given way *? c«nnk. Sometimes he would go without touch ing drink, but other thimes he would get drunk. He was tha kind of drinker that got drunk eniy i» louts and was not a continuns <!r*Ler. This had extended as long as witness had known him. To Mr Weston": The 12 incut us for which accused had abs^iiied iron* liquor expired oh December 1." Ho attended to his patients while he was drunk. He hacl never attended vi her house while intoxicated. When in drink he was excitable and would ialk a great deal. Emily Spurdle deposed that Mrs Klenner told her why Dr. Goode had shot her. She alleged that three shot* were fired and that Dr. Goode kicked over a chair that her back was resting against. Accused asked her if she was dead. She did not answer, fearing he would shoot again. Cross-examined : Mrs Klenner said to her and Mrs Clare that accused must have been mad with" drink or he would never have done it. Dr. E. F. Fookes, of New Plymouth gave evidence of the wounds inflicted on deceased. SCENE IN THE POLICE STATION. Dr Claridge, practising at Waitara, said that about seven o'clock that evening he was called to the Waitara police station, where he saw Dr. Goode and Constables Mclvor and Price. Whilst accused was sitting in the nohce office he said "Dr. Claridee don t you come near me." Witness replied! that he had come to attend to his injuries. The accused said T>n O 2_°° me aear me « you f a nd 1 11 knock your brains out." Accused was handcuffed -at the time. Witness told him not to make a. fool of himself, and after a lot of argument as to whether he should dress fc^ g ?T, ™K witness told him SSm i?* *dnt behave himself he would be handled. Accused said lou can't handle me." Witbut 8 Z phed ' '*;« «* g° in s. *o tr y> but there are plenty here who can." l.Hat seemed to quieten him for a time and accused asked' witness to take his handcuffs off. Witness said he couldn't, and accused replied "You can t be much of a doctor if you can't take my handcuffs off." They then ?*w 2* ke his shirt off a " nd to do that had to cut it. At this Dr. uoode raved considerably, and was especially bitter towards Constable f" ce r. saying: "Price, you , I should have shot you while I had a chance. Do- you call yourself a man? t>£?i , » y° u 'tt> only a one of Kanfurly's .'• Witness dressed the wounds about accused's head. When he came to the injury to the fcw^SWS' '. <]tt > ; no u "> Aching that. It's the jugular." Witness rejoined "Don't be a fooL" Accused said,; "Yes, it is. I know by the drip, drip, drip." The performance took a. couple of hours, but should have been, done in fifteen or twenty minutes. Accused did not explain the cause of his injuries, but said, "You're a clever lot of , but old Ned Goode will beat you yet." Accused claimed a pair of blood-stained pince-nez which had been found on the floor of Banner** sitting-room. Witn«f did tot tbintf Dr. Good* irt*

drunk that night at the police ttation, but he was exceedingly angry at being arrested and handcuffed. Cross-examined: Accused railed bitterly against the police for having arrested him. He repeatedly asked why he had been arrested. In the course of all this railing and abuse he did not once refer to the tragedy that had just happened. He did not seem to exercise any power of control over his language. „ . To Mr Skerrett: There was nothing in accused's conduct to lead witness to suppose he was feigning or pretending He showed no symptoms ot acute alcoholism. There was mental excitement. He was angry.- Witness was not in a position to give an answer to the question as to accuseds mental condition. MR KLENNER'S EVIDENCE. Alois Klenner, butcher, of Waitara, husband of the victim, deposed that his wife said, "Oh, Lou, I didn't deserve this. I've been a good woman, and now I've got to die. It's very, hard to leave my poor children and you." She told him that when she opened the front door Dr. Goode was on the doorstep. He walked through the passage into the sitting-room and Baid, "I want to speak to you." When she went' in he closed the door and made a proposition, threatening to shoot her if she did not comply with the request. She tried to get outsid© and he went and turned the key in the door. She sat down m an easy chair and he stood over her and fired two shots at her. Constable Price in charge of the Waitara Police Station, deposed that from information received he went to Dr. Goode's house about 3.50 p.m. The surgery door was slightly open, and he went in. Dr. Goode was there, standing by the writing table, witness asked him what was the matter. Goode said: "What the do you want in my house?" Witness replied, "I've just come in to see you; lm not feeling well." With that the doctor picked up a revolver Ironi the writing table, pointed it at witness and said, "Get out of it, or I'll blow y OUr brains out." (He witness) noticed blood dripping from accused s whiskers. Witness left after having been threatened with the revolver. Went to Klenner's to inquire if any shooting had been heard there. He knocked at the front door, and got no answer. Went in and saw a blue haze in the passage and smelt gunpowder. Went into the sitting-room and saw Mrs Klenner lying there with a wound in her face. Having received word that assistance was coming from New Plymouth he kept watch on Klenners' ami Goode's houses iwitil the arrival of Constable Mclvor. Then the arrest of Dr. Goode was effected by the police with the aid of nine men. The actual arrest was the work of Constable Mclvor. Accused was handcuffed outside, and with difficulty conveyed in a dray to the police station. Accused recognised witness outside the house, and 6poke to him. Accused was still violeat in the dray. Accused was vio- ] lent all the time his wounds were being dressed, and at one time expressed a wish that he had shot witness when he had the chance. Amongst the contents of accused's pockets were some cartridges and a bullet. Witness had frequently seen the revolver (produced) in a glass- j front bookcase in accused's surgery. He had seen the revolver in accused's hip pocket on one occasion. Witness felt there was. real danger of being shot if he approached accused. In arranging the plan of arrest they recognised there was danger to be encountered. They drew lots for the doors, but it was not recognised that Constable Mclvor had got the post of greatest danger, for none knew where the accused was. Was not aware how accused received the injuries to his head, and would say he was struck with pieces of firewood which had been used in opening the door. Over and over again at tho police station accused railed # at the police for arresting him, and 'seemed to be at a loss to know what all the bother was about. He did not once refer to the death of Mrs Klenner. Had no control over his language. Saw nothing to suspect accused was "shamming." Witness added that he did not think that accused knew what had happened, and did not appreciate his position. Accused's conduct was strange. He had to be humoured and coaxed before lie would enter the cell. He was informed that he would be taken home in a cab, and coaxing was required there. J&emembered accused asking at New Plymouth station to be allowed to see a magistrate at <^nee so that he could go back home with his solicitor. Had known accused about three years, and knew he was addict, ed to occasional heavy drinking bouts. Accused was a man of peculiar temperament, and the peculiarity was more marked when he had been drinking, and since the arrival of Dr. Claridge in Waitara. The Court then adjourned till tomorrow. The jury was locked up for the night.