THE KERR CASE

Nelson Evening Mail, Volume LXXII, 14 March 1939, Page 8

THE KERR CASE

PLEA OF NOT GUILTY The case against Arthur Frederick Kerr, charged with the murder of Laura May Kerr, was then called. Mr W. V. Rout appeared for the accused, who pleaded not guilty. The following jury was empanelled : A. H. Crawley. W. Black. H. E. Bradley, C. G. Cullen, S. R. Duncan, E. C. Ellis, H. R. Griffin, C. B. Hodgson, R. F. Wells, J. J. Holmes, F. H. Greenwood, W. E. Kenning. Mr Crawley was chosen foreman. Mr C. R. Fell, for the Crown, said that the facts of the case would hardly be disputed. The question of the man's mental condition at the time of the acts was a matter for the defence. He went on to trace the evidence on the lines of the Lower Court hearing. EVIDENCE OF CHILDREN OF ACCUSED Ila C. N. Kerr, spinster. 19 years of age, of Upper Takaka, and daughter of accused, said that she lived at home with her father, mother and brother Max. and younger brother Roy. always called Jack, nearly 11 years old. Tlje home was cheerful and happy, and her father was especially fond of Jack. Her parents slept in the front bedroom, witness in the next room and Max’s room was just outside. On the previous day to the tragedy a milking plant was installed: and some neighbours came over that night to talk. Her father seemed just as usual —in good spirits Witness retired, and her father said good-night to her later. In the morning early she awoke and felt that something had wakened her; then she heard a shot, not a loud one. and she thought that it came from Jack's room. Then she heard someone calling out and she ran to the kitchen. She saw her father coming around a corner of the house, with Max’s gun (produced in Court! in one hand, and waving one arm about and calling out. His expression was terrible. He quietened a little when he saw her, but apparently did not recognise her. She grabbed the rifle from him after having to pull hard to get it away. She called out to her brother Max for help. Witness described her hurrying to her mother’s room, and later going for help to neighbours. Her mother, who was lying on the bed, had blood on her face and was making a gurgling sound. Prior to that morning witness had noticed no change in her father's actions. Max J. Kerr, farmer, of Uruwhenua, son of accused, said that everything had been normal on the previous night. His father had no financial worries. The rifle was his and was kept in his hut. The door of the hut was left open on fine nights. The first thing he heard next morning was his father screaming out near the back door; and he saw him outside. Witness told how his sister took the rifle away, and how his father then attempted to hit him with a tomahawk as he was trying to quieten him. He went to his mother’s room aim •lack’s room and found the occupants apparently dead. NEIGHBOURS CALLED Robert A. Scott, neighbour of the Kerr family, said that he believed thal the family was better off than the average. On the evening previous tc the tragedy accused had been his usual cheerful self. Witness was called tc the farm by Ila Kerr that morning and found accused yelling and struggling with his son. Witness did what he could to assist. Ronald H. Simpson, another neighIjpour, gave evidence of accused sometimes having giddy turns when he stooped, but he always appeared to be cheerful. He was also called to the farm Accused said nothing that indi catcd that he knew what had happened to his wife and son. He did noi seem to understand, and did not recog nise witness. Constable Strawbridge. of Takaka gave evidence of searching Kerr anc finding 28 live cartridges in his pocket an empty shell was found outside Mr; Kerr's room. The rifle barrel was fou and the bolt withdrawa Mr Rout asked no questions of these witnesses “DEFINITELY DELUSIONAL” Dr. E. C Byddcr. of Takaka. gave rnedica. evidence relating to the position and condition of the body of Mr: Kerr when he saw her. The daughtei must have seen her mother less tliai three minutes after the injury, whicl proved fatal, had been inflicted. Th< speaker had known Kerr for about II years, and there had been no indica tion of mental instability. Accused hac

not recognised witness on the morning of the tragedy, and had been in a mentally disordered state, definitely delusional, and unable to appreciate his position, other people present, or the time Questioned by Mr Rout, witness said that accused believed that the boy Jack was a:ive mien witness was there and that was consistent with his delusional state. (Proceeding)