ATTEMPTED MURDER

Northern Advocate, 11 June 1931, Page 6

ATTEMPTED MURDER

CHARGE AGAINST KERR TE AWAMUTU-EPISODE. ACCUSED ON TRIAL. (Special to “Northert Advocate.*’) HAMILTON, This Day. Frank James Kerr, aged 40, a carpenter, of Te Awamutn, stood his trial today in the Supreme Court on a charge of attempting to murder Gertrude Edith West, aged 10 years, at Te Awamutn, on the morning of January 24. The Crown Prosecutor, Mr H. T. Gillies, said prisoner had been paying attentions to Miss West that were acceptable neither to her nor her parents. Nevertheless, he kept pestering the girl and was finally ordered to remain away. A few night before the shooting he attempted again to see the girl. On the morning of January 24 Miss West was returning from an of-fice-cleaning job when Kerr, who, it would be shown, had borrowed a shotgun, followed her in a motor car and spoke to her. She resented his approach and passed on to her home. Later Kerr called at her parents’ house, and there, in the garden, shot her, inflicting a very severe wound, which necessitated her remaining in hospital for a long period, during which time her life was despaired of. Mr Gillies said that prisoner, immediately after the shooting, said he had fired the gun by accident. The whole question for the jury to decide was whether Kerr went to the house with the deliberate intention of shooting the girl, or whether the gun went off by accident. Victim’s Testimony. Gertrude Edith West said she had known Kerr for about nine months. She first met him when he was doing carpentering work at her step-father’s house. Some months later he began to pay her maarked attention, but she gave him no encouragement. He asked her to accompany him to the pictures, but she refused. He attempted to put his arm rorund her and kiss her, and she would never permit him. Her parents spoke to him about his attentions to her, telling him they did not mind him visiting the house as a friend, but nothing more. They finally asked 'him to remain away. He did so for a time, but later he resumed his visits. On the night before the shooting she visited some people named Bardsley. She was accompanied home by Bardsley and his daughter. On her arrival home she found Kerr there. She told him she did not wish to see him again. On the following morning she was on her way home when Kerr pulled up in a taxi and asked her if she would give him another chance. She replied “No,” and passed on. Some time later, while she was sitting in the kitchen, Kerr came to the back door and asked her if she would like a young rabbit. Her mother, who was present, told witness to go outside and call her father to get Kerr away. She passed Kerr on her way to the dairy. He had nothing in his hands at the time. She spoke to her father in the dairy, and as she was returning she was shot by Kerr, who had a double-barrelled shotgun, which he pointed straight at her. She was very severely wounded in the abdomen, and fell to the ground.

She remained conscious for a time and saw her step-father rush forward and struggle with Kerr for possession .of the gun, which he managed to secure. Kerr then knelt beside her and spoke to her, but she did not know what he said. She later hearu him tell the police it was an accident. Defence Interrogation. In answer to Mr Strang, for the defence, witness said Kerr had previously brought them rabbits. The first time she saw the gun that morning was when Kerr shot her. Mr Strang: “Had Kerr on any previous occasion threatened you?" — "No." “Were you afraid of Mm?"— "No." Asked by Mr Strang in what position Kerr held the gun, witness said he had it to his shoulder. Mr'Strang: “Have you always said that?" Witness said she had never been asked the question before. Further pressed, witness said she remembered telling Dr. Hockiu that Kerr had the gun half-way between his waist and his shoulder. Mr Strang: “Ever since this affair your parents have been particularly distant towards Kerr?" —“I should think eo, after a thing like that happening." Witness admitted sending a tie, a shirt, a pair of sox, and a Christmas card- to Kerr. He and his mother had Christmas dinner with them. She never had cross words with him.

Dr. M. M. Hockiu, Superintendent of the Waikato Hospital, said practically the whole of the girl’s abdominal wall was blown away. The direction of the wound had a sbghtly downward track.

John Chadwick, second-hand dealer, Te Awamutu, said he noticed Kerr with a gun in front of the Anglican Church near the West’s home. Prisoner stopped, opened the gun, and went through the motion of loading it. He then proceeded towards the West’s house. Witness thought Kerr looked a bit demented and not a fit and proper person to have charge of a gun.

Herbert L. Marsh, carrier. To Awamutu, said Kerr borrowed from him a double-barrelled gun about 9.30 a.n«. on the day of the tragedy. He then seemed quite normal.