'SHOT WAS HEARD'

Gisborne Herald, Volume LXXI, Issue 21550, 1 November 1944, Page 4

'SHOT WAS HEARD'

airman on trial, CHARGE OF MURDER DEATH of FATHER-IN-LAW (P.A.) Nov. 1. The trial of Roy Kitchener Kennedy, aged 29. airmail and baker, on a charge that on September 1(1 at Christchurch he murdered Edgar Williams opened in the Supreme Court before Mr. Justice NorthoroH yesterday.

The Crown prosecutor. Mr. A. T. Donnelly, with him Mr. A. W. Brown, conducted the police case, and Mr. C. S. Thomas, with him Mr. IC J. McMenamin, appeared for Kennedy. Twenty-eight witnesses are to be called by the Crown. Outlining the Crown’s case, Mr. Donnelly said Kennedy was a married man with three children. Williams was the stepfather of Kennedy's wife and had been a railway guard living with his wife in Page’s road. On September 8 Kennedy, while on leave in Ashburton, met a man named Mueller, with whom he went rabbitshooting. Kennedy found his wife and left their Melhven home. Mueller engaged a taxi and went with Kennedy to Page’s road. Unknown to Mueller. Kennedy had taken Mueller's shot-gun and pul it in the back oi the taxi.' At Page’s road Kennedy went into.the house, Mueller moving to the front seat of the taxi. Kennedy found his wife, Williams and Mrs. Williams in the house and asked his wife to come back to Methven with him. She refused and went out of the room, his wife following. They were seen talking outside the house. Williams came out, standing aside. Mrs. Kennedy returned inside. Found With Gun in His Hands Kennedy, continued Mr. Donnelly, went to the rear door of the taxi, opened it, and groped inside. Williams came from the path, went round the back ol' the taxi and then a shot was heard. Williams was lying badly wounded on the footpath and Mrs. Williams found Kennedy with a shotgun in his hands. Kennedy then disappeared with the gun. When Kennedy was arrested he told the detectives that he had not meant to do it. ITc said he was worried about his wife. He told detectives that he had heard a gun go off and found it in his hands. Tlie sole question for the jury to decide, said Mr. Donnelly, was whether Kennedy was guilty of murder, or whether the charge should be reduced to manslaughter.

Rudolph Frederick Mueller, baker. Methven. gaVe evidence similar to that given in the Magistrate’s Court. To Mr. Thomas he said that while they were out shooting Kennedy could talk of nothing but the return of his wife and after two shots had been fired was so upset that he could not vo on shooting. Kennedy never expressed himself violently regarding Williams. His only concern seemed to be to patch up the differences with his wife.

Questioned about Kennedy’s return to the taxi at the time of the shooting, Mueller said he heard Kennedy say he would be back in a few minutes. Then the door slammed and there was a bang, which the witness thought was a blow-out. The witness did not think there was time for Kennedy to have loaded the gun. The evidence for the prosecution followed that of the Magistrate’s Court hearing and was concluded. The court adjourned until to-day.