DR. GOODE ON TRIAL.

Dominion, Volume 2, Issue 459, 18 March 1909, Page 6

DR. GOODE ON TRIAL.

THE CASE FOR THE CROWN STATED. "MURDER OR NOTHING." .[By TELEGRAPH - PRESS ASSOCIATION.] New Plymouth, March 17. The Supreme Court was crowded to-day during thE hearing of the case against Dr. Edward Jonathan Goode, of Waitara, chargcd with having murdered Mary Ellen Klenner on December 14. Accused appeared in Court calm and collected, and closely followed tho proceedings. Ho was defended by Mr. C. P. Skerrett, K.C., of Wellington, with whom Mr. A. H. Johnstone appeared. Mr. T. S. Weston, Crown Prosecutor, assisted by Mr. C. H. Weston, conducted the case for the Crown. Mrs. Goode was also present in Cour. A plea of not guilty was entered. While the jury was being empanelled, the Crown ordered six of those called to stand aside, and challenged two. Tho defence exercised its right of challenging in four cases. All witnesses wero ordered out of Court at the request of tho counsel for the defence. The Crown Solicitor Opens. In opening the case for the prosecution, Mr. Weston explained the statutory definition of murder, and gave a lengthy resume of the evidence to be called by him, occupying nearly an hour. It would be the aim of the Crown, he said, to place this evidence before his Honour and jury in as fair and straightforward a manner as possible. If it could be proved what had been stated he would establish a very weighty case against accused. It seemed to him that manslaughter was out of the question. The case must be cither murder or nothing. Formal evidence was given by three witnesses respecting localities, and depositions of the late Mrs. Klenner were read and put in as evidence.

Ida Klenner in the Box. Ida Klenner, nine years old, daughter of deceased, deposed that, on the afternoon of the tragedy, she returned home from school a little after 3. When she got near the sit-ting-room window she heard a voice in the room. She listened at the window for a few moments, and recognised the voice as Dr. Goode's. She knew his voice well. She then went to the back of the house. Witness gave further evidence of hearing three shots fired, and of finding her mother lying wounded in the sitting-room near the fireplace. When she returned from school she found her uncle in the backyard. He went away to the paddock to bring in the cows. It was soon after that that she heard the three shots. To Mr. Skerrett: She could not say exactly how long it was before she heard the shots. It was not very long. They were fired with only a few seconds between them, following pretty closely one upon the other. She did not know whether her uncle heard the shots. She heard the front door slam a short time after, and then her mother called her. A Witness who Heard the Shots. Harold Henry M'Coy, painter, stated that about 3 p.m. on December 14 he was painting at the vicarage at Waitara. He heard three distinct shots coming apparently from Mrs. Klenner's house. Witness glanced across at Dr. Goode's house and saw Mrs. Goode sitting on the verandah. About 5 p.m. witness saw Dr. Goode come to the French casement of the surgery of his house and admit his dog from the verandah. Cross-examined: He heard the shots somewhere about 3 p.m. They followed closely on one another, with only a slight pause between each. A Little Girl's Evidence. Myrtle Trim, 12 years old, recollected the afternoon of December 14. While on the corner she saw Dr. Goode between his own gate and Mrs. Klenner's, but nearer Mrs. Klenner's. He walked into his gate, and up the steps leading to the verandah. Mrs. Goode was sitting on the verandah. She helped him up the first step. When Dr. Goode got up to the step of the surgery door he fell, but eventually got inside. He said something containing the words "my God." He was wearing a coat thrown open, and a white shirt, the front of which bore a broad red patch. To Mr. Skerrett: Accused had attended her for two days. He was very kind to her and she liked him. While accused was walking along the road he had his hands stretched out to either side. Mr. Skerrett: Was he walking straight? Witness: He seemed to be going in a zigzag. Continuing, witness said that what accused said to Mrs. Goode was either "My God, leave me alone," or "My God, get out of it." He spoke very gruffly and hard, and seemed to be excited.

A Boarder in the House. Joseph William Fitzsimmons, employed by Alois Klenner, gave evidence as to finding Mrs. Klenner lying in the front room covered with blood, when he was called to the house by Ida Klenner. Mrs. Klenner said, "I've been shot by Dr. Goode," and added that she was dying, and had only a few minutes to live. She told him to fetch her husband. Before doing so he went for assistance. As he was going down the path from the front door of the house to the gate he saw accused looking into Mrs. Klenner's garden from a small window at the back of his house. The only firearm witness had ever seen in Klenner's house, where he boarded, was a volunteer magazine rifle. Witness had not previously seen the revolver produced. The reason given to witness by Mrs. Klenner for accused shooting her was that she had refused a proposal by Dr. Goode. She also said that he fired two shots at her at close range. To Mr. Skerrett: Ida Klenner came for witness between 3.30 and 4 p.m. When he entered the sitting-room in which Mrs. Klenner was the door was slightly ajar. He met Constable Price when leaving the post office after telephoning for a doctor. He told the constable that Mrs. Klenner had been shot, but did not say by whom. Witness returned to the house about a minute before Constable Price arrived there. Mrs. Klenner said nothing to him about Dr. Goode's condition. Mr. Skerrett: Did she say anything to you about his being out of his mind? Witness: No. Dr. Goode's Habits. Maria Elizabeth Clare said that on the afternoon of the tragedy Mrs. Goode came to her house. Witness accompanied her back to her house. The place was very quiet. They did not see accused, as they stood about half way down the path from the surgery door to the gate. They heard muffled cries or groans which witness discovered, on reaching the gate, were coming from Mrs. Klenner's house. Witness then went to the latter place. She entered the sitting-room, where she found Mrs. Klenner lying on the floor. Mrs. Klenner told witness that Dr. Goode had shot her. She was in great fear that she would die before her husband arrived, and said that she had only a few minutes to live. Constable Price and several others then arrived. To Mr. Skerrett: Mrs. Klenner said to witness that she was certain that Dr. Goode was mad, or he would not have done it. She told witness during theafternoon that she had not the slightest fear of Dr. Goode when he asked to speak to her. Witness had known accused about eight years, during which time he attended herself and family. He was most kind. She had noticed some years past that Dr. Goode had given way to drink. Sometimes he would go for five months, six months, or twelve months without touching drink, but at other times he would get drunk. He was the kind of drinker that got drunk only in bouts, and was not a continuous drinker. This had extended as long as witness had known him. To Mr. Weston: The twelve months during which accused had abstained from liquor expired in December, 1907. While intoxicated he was excitable, and would talk a great deal. Emily Spurdle deposed that Mrs. Klenner said to her and Mrs. Clare that accused "must have been mad with drink or he would never have done it." Alice Trim gave similar evidence. Medical and Police Testimony. Dr. E. E. Fookes, of New Plymouth, gave evidence of having attended Mrs. Klenner at about five o'clock on the afternoon of December 14 and described the wounds. Mr

Skerrett did not cross-examine this witness. Dr. Claridge, practising at Waitara, also gave evidence as to attending Mrs. Klenner. About 7 o'clock that evening he was called to tho Waitara police station, where he saw Dr. Goode, Constables M'lvor and Price, and a crowd of people. Whilst accused was sitting in the police office he said, "Dr. Claridge, don't you come near me, or I'll knock your brains out." He was handcuffed at the time. Witness told him not to make a fool of himself, and, after a lot of argument as to whether he should dress his wounds or not, witness told him that if he didn't behave himself he would be handled. Accused said: "You can't handle me." Witness replied: "I'm not going to try, but there are plenty here who can." That seemed to quieten him for a time, and accused asked witness to take his handcuffs off. Witness said that he could not do so, and accused replied: "You can't be much of a doctor if you can't take my handcuffs off." They then started to take his shirt off, and to do that had to cut it. At this Dr. Goode raved considerably, and was especially bitter towards Constable Price. When they came to the injury to the chin accused said,"lt's no use touching that; it's the jugular." Witness rejoined, "Don't be foolish." Accused did not explain the cause of his injuries, but said, "You're a clever lot of people, but old Ned Goode will beat you yet." He did not think Dr. Goode was drunk that night at the police station, but ho was exceedingly angry at being arrested and handcuffed. His Honour: Did you know him personally? Dr. Claridge: Very, very slightly. His Honour: How long have you been there? Witness: About 12 months. Cross-examined: In the course of all this railing and abuse, Dr. Goode did not once refer to the tragedy. To Mr. Skerrett: There was nothing in accused's conduct to lead witness to suppose that he was feigning or pretending. He showed no symptoms of acute alcoholism. There was mental excitement; he was angry, but in his anger there was no reference to a possibility of a charge for murder. He had never examined accused as to his mental condition, and was not in a position to give an answer to questions touching upon accused's mental condition. Evidence was also given by Alois Klenner, and Constable Price. The latter stated that the actual arrest was the work of Constable M'Ivor. Accused was handcuffed outside with difficulty, and was conveyed in a dray to the police station. Witness felt that there was real danger of being shot if they approached accused. In arranging the plan of arrest, they drew lots for doors, but it was not recognised that Constable M'lvor had got the post of greatest danger, for no one knew where accused was. ; The Court adjourned till 10 o'clock this morning, when the hearing will be resumed. The jury were locked up for the night.