CAPITAL CHARGE.

Manawatu Standard, Volume LIX, Issue 47, 24 January 1939, Page 8

CAPITAL CHARGE.

DOUBLE INDICTMENT.

DAUGHTER GIVES EVIDENCE.

Per Press Association. NELSON, Jan. 24.

After several adjournments, the trial of Arthur Frederick Kerr, aged 55 years, on a double murder charge, commenced in the Magistrate’s Court this morning, helore Mr T. E. Maunsell, S.M. Kerr was charged that, on Deoemlier 16, at Uruwhenua, he murdered Laura May Kerr, his wile, and, on the same date, murdered his son, Roy Robert Kerr. Mr C. It. Fell is in charge of the prosecution and Mr AV. V. Rout represents accused. Nine witnesses arc to be called. Accused was permitted to he seated in the dock. 11a Kerr, a daughter of accused, who lived with her father and mother at Uruwehnua, where accused was farming, said that at the home were living her father, mother, herself, and her brother Max and younger brother Robert, commonly called Jack. The home was quite a cheerful, happy one and they all got along happily together. ’ Her father was very fond of his wife and Jack. Jack was about nine years old. Her father and mother slept in a front bedroom, witness slept in the room next to them, and Jack slept in the verandah room. Max slept in a hut at the back. On December 15 they were all at home, and the ordinary farm work had been going on, the only unusual thing being that a . new milking plant had been used for the first time. Her mother, father and Jack helped in the first milking. There was a certain amount of bother because ot the new milking machine. It was quite the usual thing for Jack to help his father, who was very fond of him. The milking was finished soon after 7 o clock. Her father then seemed in his usual spirits; he was always in good | spirits. Witness said she retired about S o’clock and her lather looked in and said goodnight. She slept all night. She expected it was a noise that woke her. The first thing she heard was a gun going off. The noise of the gun appeared to come from Jack’s room. She had not heard a gun fired in the early morning helore. After hearing the sound of the gun she heard “a kind of walking.” Following that she heard someone calling out and she thought it was her father. It sounded unusual, but she could not hear what he was saying. She jumped straight out of bed, and ran to the kitchen and the back door. The calling continued meanwhile. There was a porch at the hack door and when she reached the end of the porch she saw her father coming from the direction of the porch where Jack was. Her father had a gun in his hand. The gun (produced) was Max’s gun and was usually kept in the hut. Her father was waving his arms about and calling out. . At this stage, at his counsel s request, accused was taken to the hack of the Court. . To an inquiry by the Magistrate, counsel replied that physically accused was all right and now mentally all right. ~ ~ Continuing, witness said her tatnei looked terrible. He saw her, hut she did not think he recognised her. He quietened down on seeing her ami stopped a few yards away. ‘■] rushed straight, to him, grabbed the gun and said ‘Give it here." He hung on to it. but I pulled 't away from hint and I had to pull ,/airb hard to get it away Horn him. witness said. She called out to her brother Max. whose hut was on y a short distance away. She did not know whether the gun was loaded or not. She rushed straight, into the kitchen and thought she put the gun on the table. Whilst she was dmmi this her father was still in the yard and she thought he was yelling out, ■mil she turned round and saw that her brother had nearly got to her father. She ran to her mothers room ; her mother was in bed. IHe blind was down and she could not. see verv well. Witness called her, but she' made no answer. She went straight out of the room and got a coat out of the passage; when she got to the back door her father and Max were still in the hack yard. Max was holding her father, who was stiff waving his arms about: he was still calling out. but she did not know what he was saying. She cycled to the Rcotts, Hie nearest neighbours. tor help. Mr Scott went ahead on the cycle while she walked back. ‘ She then went for Mr Simpson, another neighbour. At that time she had not been into Jacks room. Her father whs in h.s trousers and shirt, but was barefooted when she grabbed the rifle she did not look to see whether it was loaded Before this she had nevei known her father to have anything serious the matter with him She did not remember what time all this happened, but it was a hit earlier than her father usually arose. He usually got about 5 o’clock in the summer. The case is proceeding.