TE AWAMUTU AFFAIR

Gisborne Times, Volume LXXII, Issue 11355, 15 June 1931, Page 6

TE AWAMUTU AFFAIR

KERR: FOUND GUILTY OF . ATTEMTED MURDER■ •--

. WHAT f TJIE ( GIRL S AJT) “MOTtiE THAN AN ACCIDENT”

if””” u ' a-.' ■ A ‘"'V' At Hamilton. evidence in the case in which Frrtnln ..Tames Kerr, 40, /Was charged .with attempting to murder Gertrude Edith West:,' aged 10, at To Awamuttij oil January 21, was heard last - week. Mr. 11. T. Gillies represented the Crown i and Mr.*- J. F. ,'S.linng. appeared. for the prisoner. Chimes Ward, aged 78, stepfather 'Outlie girl, said’ lie had' known' p¥i'sr for soften or -• eight years, i Some ninmragb prisoner* did , s ojno.carpeqtry work ifor- him. *He then became ao._ quainted with .Gertrude. Although Kerr- became a frequent visitor ’t o" tlie house', witness never encouraged his attentions'to the girl. Several evenings before the- tragedy Kerr, -who had been warned," to keep away, called at the house and" asked for admission. A

Referring <t6; the • itioyning ■ of - .1 lie ..ira^xi.y., wilnosg' said (lio >ya s in tlje „fl>ir.£ when?,lie say 'ltcriL<\htofr'n{{ (he garden v cnYryihg' a giin'/ A- little' s lnl or Gertrud 6 canto .'t o* tlje dni j-y; an 4 a sKfid liirti. to. goi 10 got inside and he wotiid. got, Kerr away. As . soon as ;Kerr ; hofird. witness, say "0o inside and! I : xfill got him a«ay,". prisoner raised 'ihp-gttn to Jiitj,shoulder•and.' tired at,the,girl front a djsteiice, of. about J2fi . Witness sitiil jio .nctndlly saw the shot fired. Ivcrr raised tlifo • gun to ' his shoulder and .deliberately fired. • Wit--11 ess "then ru shed at him'and tried to wrestvAhe'gitni from -him. During the struggle Kerr tried to get his finger oh the "trigger,' but'-witness preyed ted “hint from doing this, and finally got the gun ’from.-bird ' A FREQUENT VTSITORi Answering Mr. Strang, witness said Kerr became a very frequent visitor to the 'house. They had never had a quarrel a.ncl there had been no words between prisoner and -Gertrude Air. Strang: Did you not tr v <0 get damages for the injury to your daughter? Witness denied this.

ifr. Strang: Why did you refuse to nllow ,mo on to your property yesterday?

Witness: You had already boon there and there w n - no more to see. I told you you could inspect the place alone, hut would not allow you to bring the others. Edith Augusta Ward/ mother of the injured girl, said Kerr commenced to pay attention to-her daughter about nine months ago, when he gave her a box of chocolates. Ho later asked her to go to the pictures, but witness refused to lot them go alone. She also refused <0 allow her daughter to spend a week-end in. Auckland with Kerr, who wanted to take 'hello the races. For about a fortnight before the shooting Kerr was drinking and used to follow witness and Gertie about. Witness said that after the shooting, wher her husband wont off for the police. Kerr knelt down by the girl and started to stroke her hair. Mr. Strang: You are very bitter and • vindictive against him, aren’t you-

Witness: I didn't think a man like him should, come paying attentions to a school girl.

MORE THAN AN ACCIDENT

William Bathurst said lie heard the shot fired from iho road- On entering he found Mrs. Ward lean, ing over her daughter and Kerr kneeling beside her. lie heard Kerr say it was an accident. The girl replied. ”lt was more than an accident.”

Norman Bard sics- said that he and a friend were in a. hotel, when Kerr entered and insisted on them having a drink. As they loft him witness said "Cheerio.” Kerr replied: “Yes, if I live”

Constable A. I?,. Rirnmer said that when arrested and given the usual warning Kerr replied, “That’s all right. Let’s go and have a dr ink.” On the way to the police station accused asked to he allowed to have a drink and to go home and' see his mother. Kerr at no time expressed regret. Detec live A. J. While gave details of measurements taken by him. In answer to Mr. Strang, witness said that in an inten iew with Miss West she had told him she s aw Kerr with the gnn in his hands pointing in her direction. She was not sure where he held it. ACCUSED 'GIVES EVIDENCE " Hiving evidence on his own behalf, Kerr said that although he had known the Wards for five years, lie onlv began to pay attention to Miss West two years ago. Hi s attentions were favourably received and ho became almost a nightly visitor to the house. He had never quarelled with any member of the family, although Miss West luvd complained of his frequenting hotels. lie had received a number of presents from her from time to time, and at Christmas she sent him several presents. He and his mother also had dinner with the Wards on Christinas .Day, and on Now Year’s Day all went for a picnic. . lie ascribed Miss West’s changed altitude’ towards him to’his drinking. He became worried at the attitude of Miss West and' her parents ■ ' .-' * ■■

Describing the incidents on 'Saturday morning, prisoner said ho went down town for meat for Iris'mother. When ho saw Miss West making heir way homo with somo parcels he followed lier in a taxi, with a view to giving her a lift. 110 asked her to give him another chance. She nodded her.head in the negative, and walked on- Later he met Marsh, and borrowed his gun. JTe would have taken liis own. gun to go- rnbhit shooting, but: his brother-in-law had it. lie went to Ward's with the intention■ of again getting in their “good books” by taking them a rabbit. Ho broke and loaded, the gun near the church.

DESCRIBES USE OF GUN His Honor; How far. aWAv were you from Kihikiki, where you intended to go shooting?—Over three tn.il. es. And how far-from the house when you .loaded the gnn?—Throe'hundred yards*

Prisoner said that on entering the groundc- ho placed the gun against the side of the house, went., to the hack door and asked Mrs. Ward if ,sho would' like a rabbit- Neither she nor her daughter replied ‘but Mfi &s ■ West walked out to the ■ dairy. Ho then ,picked up- the gun. The dogs, including lfi*s own. - retriever, were making a ,big row.' His Honor:-Was the gun cocked when’you placed it'against the wall? —Yes • • >• • • ", ! y

Prisoner said that .with, tbei intention -of .quip,toning the dogs he went and put down thei gun;, when it slipped and discharged. After the gun discharged Ward rushed- forward, aiid seized the gun. He (prisoner) surrendered possession of-the-weapon..be-cause ho knew the other trigger was cocked, and he thought, it might go off in the struggle. M r . Strang:, Were you genuinely fond of the girl?—Yes. Had you ever formed any intention in your mind to destroy her life?— ■No.

Cross-oxamined '* by Mr. Gillies, prisoner said he was very much, in love with' Miss West, and had asked lier to marry him.

Mr. Gillies: And we have it from you that before .the shooting the girl had definitely rejected your advances? —Yes. • ■ "i Are you aware that your own people took away your own gun, and sent it away to your brother-in-law so that you could not got it ?—No. ; AFRAID OF THE OLD MAN Mr. Gillies: Why did you not. lower the hammers- before you Went to the house?—l was thinking of other things. Mr. .Gillies: . Why ;did .you load the gun a few hundred yards from the house?-?I though I- might, get: a shot on a vacant section. : In answer to a-question' as to why he struggled to. retain the gun,: prisoner said ho thought the old man might turn it on him. . '» To Mr. Gillies: Prisoner admitted that he did-not express-any regret at' tlie‘ time of the tragedy. He. remembered asking -fo a book after ho wa<! lodged in the cell. . Ilis Honor : Yon must have known, the girl was seriously hurt. :V"Why didn’t you .go - oyer -and try to do Something for her —It was only a couple of seconds before I, did. . Frank Price, guiimaker, expressed the opinion that the. gij-1 could have been shot where she was by accident while the-hammer was being lowered, with the gnn hold • normally at' waist' level. In answer to Mr; Gillies, witness said that at the distance at which Miss West was shot would not show a downward track if tho gun was held at. waist level. The jury • returned a verdict of guilty and sontonce was deferred till today*. , -