SHOOTING OF GIRL.

New Zealand Herald, Volume LXVIII, Issue 20898, 13 June 1931, Page 11

SHOOTING OF GIRL.

KERR FOUND GUILTY. PLEA OF ACCIDENT FAILS. JUDGE DEFERS SENTENCE. [from ottf own cob respondent . j . HAMILTON. Friday. The accused's version of what occurred outside Charles Ward's house at Te Awamutu on the morning of January 24, when Miss Gertrude West, aged 19, Ward's step-daughter, was shot, was given in the Hamilton Supreme Court today. Accused was Frank James Kerr, aged 40, who was charged with attempting to murder Miss West. Mr. Justice Herdman presided. Mr. H. T. Gillies conducted the case for the Crown, and Mr. J. F. Strang appeared for accused. When the case was resumed to-day Kerr gave evidence. He said he had served in the war and was a good shot. About five years ago he did some carpentering work for Charles Ward. About two years ago he began to pay attention to Miss West. His suit was favourably received, and he was a frequent visitor at her father's house. During last year he was there nearly every night. No Previous Quarrel. No quarrel had ever occurred between accused and the Ward family. About a week before, January 24, Ward would not admit! him to the house. The girl complained about, his conduct in frequenting hotels. Presents had been exchanged between them. Accused and his mother were tlie guests of the Wards on Christmas Day and on New Year's Day. He went to see Miss West a few days before January 24 and she told him not to come back again. Kerr said he was much worried about Miss West's treatment of him. Describing the incidents which occurred on the morning of January 24, Kerr said he saw Miss West going home. He hired a taxi and offered her a lift, but she refused. He asked her to give him another chance. Miss West shook her head. He returned with the taxi-driver and had a drink with him. On his way to his own home be met Mr. Marsh and ob tained the loan of his gun. Continuing, Kerr said he had another drink, after® which he went to Ward's place with the intention of asking Mrs. Ward if she would like a rabbit. He charged the gun on the way to the house and pulled up the hammers when 200 yds. away. He had previously shot rabbits in vacant sections near the house, and thought he might see one again. He went to the back of Ward's house and left the gun against the outside wall. He asked Mrs. Ward and her daughter if they would like a rabbit, but no one replied. His idea was to get back into their good graces. Reason for the Discharge. Miss West passed him and went to the dairy. Accused said he picked up his gun. Several dogs in the back yard were a noise. When he saw there was likely to be a dog fight' he thought he would put the hammer down to safety. His finger slipped and the gun was discharged, and Miss West fell wounded. When he went to lower the hammers Miss West was not in the line of fire. Ward rushed to take the gun from him. Accused said he resisted for a little while, and then he thought the second cartridge might be discharged, so he surrendered the weapon. He knelt down beside Miss West. During the struggle he said to Ward, "Let go the gun, dad." He did not want it to go off. Mrs. Ward addressed him and said, "You swine, you have murdered my girl." Accused told Bathurt., a youth'who had then arrived, that the shooting was an accident. He was fond of the girl and had never formed an intention to kill her. In reply to Constable Rimmer, he 6aid the shooting was an accident. Demonstration by Gunsmith. Cross-examined, accused said his reason for resisting Ward's efforts to take the gun from him was his fear that Ward would turn the gun on him. When he knelt down beside the girl he said to her. "Gertie, dear, I am sorry I hit you.'' To His Honor: He did not, think of dropping the gun immediately the girl was hit. Frank Price, a gunsmith, described the gun produced as of English make. It was in quite good condition, and had norma] triggers. Witness gave a demonstration showing the different ways in which the gun might be accidentally discharged. Addressing the jury, His Honor said the simple issue before them was whether the accused intended to shoot Miss West, cr whether the discharge of the gun was accidental. The jury left at 3 p.m. to visit the scene of the shooting, and returned to the Court at, 8.20 with a verdict of guilty. Sentence was deferred until Monday.