SEVEN YEARS IN GAOL.

New Zealand Herald, Volume LXVIII, Issue 20900, 16 June 1931, Page 10

SEVEN YEARS IN GAOL.

SENTENCE ON KERR.

WOUNDING OF MISS WEST. I I "A DELIBERATE SHOOTING." [l-'UOM OUU OWN CORRESPONDENT. ] HAMILTON. Monday. A sentence of seven years' imprisonment with hard labour was passed on Frank James Kerr, aged 40, by Mr. Justice Ilerdman in the Hamilton Supreme Court to-day for attempting to murder Gertrude Edith West, aged 19, at To A walnut u on January 24. Mr. J. F. Strang, >vho appeared for the prisoner, said Kerr was a man of reserved, quiet and harmless disposition and his conduct on the morning of January 24 was quite inconsistent with his character. It seemed that the crime had its origin in his infatuation for Miss West. It was true that the prisoner had been rebuffed by the girl a few days before the crime and this rebuff might have induced in him a certain depression, Mr. Strang said lie felt the whole matter could only be ascribed to an uncontrollable and sudden impulse. The prisoner had been drinking to excess during the two preceding days. He was too much addicted to liquor and his powers of resistance had to an appreciable extent become lessened and ho was unable to resist his impulses. He seemed to be the last man in the world to harm the girl. Jn sentencing the prisoner His Honor saiil Kerr had been properly convicted by the jury. It was difficult to determine in a case of this kind what punishment was most appropriate. That the offence must be dealt with with a severity which accorded with present day standards was certain. The sentence must be one. which not only punished the culprit in a way that he would have causo to remember, but it should be such a punishment as would warn men who had little regard for human life

Ilis Honor said lie regretted (hat recently the crime of murder and attempted murder had figured prominently in tho criminal calendar. Whether 1 his was duo (o inadequate punishment or whether it arose from some other cause lie was unable to decide. Some people considered that only prisoners were deserving of sympathy and they had little regard for those who had suffered. The evidence in this cas3 showed that the prisoner's offence might have ended much more disastrously than it did. Providentially, the girl recovered. The police report showed that apart from tho prisoner's drinking habits lie had always been regarded as a good worker and a law-abiding citizen. His Honor said he was not aware that there was any evidence that would justify anyone in assuming that prisoner acted from an uncontrollable impulse. It. was plain, however, that for some obscure reason Kerr had made up his mind to revenge himself upon Miss West and ho deliberately shot her. But for the intervention of Mr. Ward, a man of over 70 years of age, further damage might have been done. •

His Honor said he would not send Kerr to reformative detention. In his opinion a less merciful form of punishment should be inflicted.