DEATH OF MRS KLENNER

Taranaki Daily News, Volume LII, Issue 9, 4 February 1909, Page 4

DEATH OF MRS KLENNER

INVESTIGATING THE AVAiTAKA MI'KDER. in:, goode ix the dock. I in- hn !y ,»r i; t .. i 'urihouse was well !.;! u-.-u iiui ; -.ruiug. when Dr. E. J. iHiode. <>t Waitara, was charged with the murd-r of Miv. Mary Ellen Klemier at iiitar son 14th December last. Mr. 11. S. 1 ii; l.i'ilu-it. S.M., was on the Bench. Mr. T. S. Weston, Crown Prosecutor, conducted tlie prosecution, and with iiim Mr Uwuie H.. Weston. Air. A. «H. Johnstono, liiurneted by Mr. Y\ ilkes, appeared for the defence, Mr. Weston said he would not trouble the Court with an opening address, and proceeded at once to call evidence.

TIIE ACCUSED. Dr. Good-cr sat through the whole day unmoved, and appeared calm and collected throughout. His condition showed considerable improvement upon that shown when he was -first charged with tho offence. Cpon his neck was the court plaster covering the wound which at one time caused the gaol and medical staffs much grave concern.

THE PHOTOGRAPHIC EVIDENCE. Lewis Earp, photographer, of New I Plymouth, staged that, instructed h\ the Police Department, he went to Was-J tara on 21st December to take photographs of the accused's and Klenner houses, also a photo of .the hall of Kleu ncr's house and one ol the front sittingroom as he then saw it. Detective Boddam. Constable Price, a man called Fitzsimmons, and a little girl whom he understood to be Miss Klenner were present wheu he photographed the room. No. 1 picture showed Klenner's house photographed immediately in front, from Urey-stree6; Xo. 2, from a Tittle further along the street, showed Dr. uoode's aud Klenner's houses; Xo. Ii showed Dr. Goode's house from the corner of (Grey and Mac Lean streets; Xo. -i was a photograph of the front passage in Klenner's house, showing the front door and a doorway leading to the left into the front sitting-room? this lattei door was shown in Xo. 5 picture. A second set of pictures was put in, a copj of the former exhibit, with one exce.p tiojl. j Mr. Johnstone objected to putting in ' a photograph to show the disposition of ■furniture, and quoted "Phipps on Evi deuce'' to uphold his contention that such a photograph was not admissible us evidence in a criminal procedure. | The objection was noted. | The witness was not cross-examined. I PLETHORA OF PLANS.

Thomas Gore Sole, surveyor, of New •Plymouth, in the employ of the New Zealand Government, said he hud been instructed by the Police aad Survey •Departments to make certain plans. The plans were put in. The first was marked "Exhibit C," and showed the* ground plan of Klenner's residence, drawn to scale. About 19ft from the boundary between lileuner's and Goode's properties, fronting Grey-street, aud towards Klenner's gate, was a conspicuous bunch of geraniums, growing in the garden hedge, and shown by a .pencilled cros* on the plan. Dr. Goode's side window? were shown ou this plan. Plan D showed the front elevation of Klenner": bouse and shed, and also the side elevation of Dr. Goode's side windows. Standing on the path leading to Kleiner's house, he could see the side windows of Dr. Goode's house. In his view the side windows were a foot higher than the side hedge, as shown on the plan. Plan E was the ground plan of tKleuner's front sitting-room. Plan V was a locality plan showing Grev-street, Mac Lean-street, and other streets, and the position of Klenner's shop aud house. Ho had been twice on the ground. When the survey was made Detective Boddam and Mr. Chappell were, assisting him. That was on the day of Mrs. Klenner's death. A week ago he revisited the place, accompanied by. Detective Boddam. After making the survey he went into the house with Detective Boddam and Chappell. Hi went in to make measurements, and after .taking those they tested the thickness of the outer wall by sound of voice, CU&ppell standing outside and witness and the detective remaining inside, lie spoke in his ordinary voice to Chappell. Then witness exchanged places with Cliappell. 'He stood close by the front coom window, and recognised the voices of both the other two, who were talking in the room, and distinctly heard what they said. Witness also spoke from the outside, in his ordinary tone of voice. At the time the window was closed and the Venetian blind drawn down.

There was no cross-examination of the witness. Arthur Lewis Chappell, reporter, pave evidence that lie visited Klenner's liou.se on 17th December last with Detective Boddam and tlie previous witness. All three went into the house, and in turn eaclf one went out, leaving the other tw.o in the front sitting-room. When he went outside to the front window lie distinctly heard and recognised the voices of those speaking inside. They lirst closed the door leading from- the room to the passage, closed the window, anil pulled down the 'blind. Detective Boddam. Mrs. Trim and some children, Ida Klenner, Fitzsiminons. and witness were present when the survey was made. From Klenner's front path he eonld see the two small side windows of Dr. Goode's house.

THE DISCOVERY BY A CHILI). Ida Klenner, daughter of Alois lilun-ui-r, nine vears of age, said she recollected coming from the Wnitara school on the 14th December. She went straight as soon as the school closed, and the school usually closed about 3 o clock. She didn't think she was "kept in" that day. She went in by the front gate, straight along the path, and as she was going past th< window of the front sitting-room she heard Dr. (Joodes voice coming from the sitting-r.oom, and she went up to the window, liien she weui round to the back of the house. She went into the back porch, and then through the dining-room into the passage aad up to her bedroom door. Her mother came out of the front sitting-room and spoke to her, so that she went- out to play in the yard with her brother Leo, aged four years. She was unable to hear what Dr. Ooode said. Whilst she was playing outside, she HKAIiI) THREE SHOTS FIIiED.

She went ou to the back verandah, and stood on the doorstep for a wlnle, whim she heard the fnmt door slam. Then she went back into the i yard, returning in a little while to the house, where siic heard her mother callI ing her. Went into the front sitting- ! room, and saw her mother Iviug on the tloor near the lireplaee. There" was sio one else in the room. Her mother's feet were towards the passage door. There was Wood all over one *ide of her dress, and blood, streaming along the floor. Then she went to the stoop fur her father, but be was not in. .She saw Joe Fitzsimmons, an employee of her father's, and in consequence of what *he told him, they both went off to the •house quickly. T'here was no one left in ih«» house wit If her moither. She did in i gn to the front of the house after the iiring of the shots, and before she heard her mot'her calling. lu the Bench: She knew Dr. Goode's voice. He had *pokcu tu her several times, and he attended her on two oe- ' a-ions when >he was ill, suffering from ;imumonia and measles." Witness corrected her previous evidence, explaining •that after the shots were iired and after had seen her mother, *he did go to •the front uf the house, and she ex- j •plained the circumstance. ' The defence did not cross-examine. I

Jfarold Jienr.v McKoy. painter, of Wailara, recollected the 14th of December ■last. At about 3 o'clock that afternoon •he was painting on the top of a bay •window on the vicarage. Whilst there •he' beard three distinct shots, sounding as if coming from the direction of Klenner's bouse. After hearing the shots he saw Mrs. Goode sitting on the verandah of her awn house. Not a great while afterwards he saw her walking across •the road towards the railway station. About 5 o'clock on that afternoon lie saw Dr. Coode come- to .the French easement in his surgery and let hi? dog in.; Mr. Johnstone did not cross-examine. I SCHOOfXIfIIL'S STORY. I Myrtle Trim, aged eleven years and six months, living with her parents at. | 1 -Waitara, said that on the: afternoon of, .14th December she was ou the corner .of MaeLcan ami Orev streets, opposite'

Ithc vicarage. This w* s after school, |.<md she. thought it would be about half•past a or i|uai'tor to 4 o'clock. While •standing there she saw Dr. Goode, Jle j aVilf > between his own gate and Mrs. JKJenuer's, but nearer .Mrs. lvlujiner's (than his own. lie was coming towards Ilea-, and towards his own house, lie 'had his coat thrown open, and his white nliirt had something red down the front ol it. It looked & broad patch of red. shc could nqt say if he had his hat on. flier .father was working on .the i'oot>|)Uith in Grey-street near Taylor's house. (She lnul just taken liuu soine tea, and iwas returning home into Craeroft-slrect. iDr. Goode went in by his own surgery gate, trad walked ui> the path. Airs. Moode. was sitting upon a stool on the •verandah, and sho helped him up the tfirst step to .the verandah. When he "got to the surgery step he fell. Airs. Goode came out of the gate and ran •across the road. Just as she was going, ■Dr. Goode said

« Mr. Johnstone objected to this evidence going in, but .the Bunch held that anything tho accused might have said •was evidence, !• As ho fell, Dr. Goode *said to his i wife, " FOR GOD'S SAKE GET OUT OF IT," or something like that. She knew Dr. •Goode's voice, because he had attended her when she had low fever. . The Count adjourned for lunch.

illiam Trim, borough foreman at Waitara, deposed that on the afternoon if 14th December last lie was working m tkv footpath in Grey street, opposite Mr. Taylor's. A little after three j'clock lie .saw Mrs. Goode coining along, ihout a chain from Mrs. Clare's house, or towards McLean street. She was alone, and walking towards Mrs. Clare's. During the same afternoon, .perhaps between two and three o'clock, perhaps later, his daughter Myrtle brought him <onie tea. For his daughter to get home to Cracroft street *he could go by way of CSrev and McLean streets. He said lhat. he saw Dr. Goode that afternoon through the surgery window at Goode's >wn residence. At that time he was landing inside, and drawing the blinds. Witness himself was in McLean street then. John Morrison was working with h>M in Grey street, and Mrs. Goode spoke to them, in consequence if which Morrison went to the police Uation. Xo questions were asked in cross-ex* uninatiou.

Joseph William Fitzsiinmons, butcher, in tile employ of Mrs. Klenner at Waitani for about three years, on. and off. and a resident in tiro house for the past eight months, said ho knew the house very well, ami "had a pretty pood idea" :»f the w<iy in which the furniture was placed in t-hoi front sitting-room. On the afternoon of 14th December he was it work in the shop, when Ida Klenner, the little girl who had been in Court an witness, came to him. In consequence of what slip told him he went with her to the house, entering the grounds by means of the front gate, lie passed the front sitting-room winlow. The front door was shut, and ihe blind hi the sitting-room was drawn. The back door was ajar.. He went in i.o the dining room with Ida. the girl leading. In the passage leading to the front room of the housii lie retorted THE SMELT, OK VA'RXED POWDRI*.

us from the discharge of a firearm. There was no one else in or about the 'iousc but Mrs. Klenner, the little girl, ind himself. The door of the sittingroom was slightly ajar. Ida looked in ihe door lirst. When he went in he saw Mrs. Klenner lying on the Hour, bleeding apparently from the breaM. her head resting against chair, and her ingers touching it. Her right shoulder was slightly raised, against the chair. c he was partly on the rug h front ol' ihe fireplace, as shown in the photograph of the room., her feet towards the

sassage door of the sitting-room. There was another chair near her fcef,-but lie ouhl not say whether that was over'urned. There was a good deal of blood Yhout the rug and (he lloov. Mrs. Klenner said to him: "I've been shot.'' Mr. Johnstonfc objected to this evilence, on the grounds of inadmissibility. It' was decided to ascertain Ihe mi'ure of deceased's communication. The witness deposed that she said: " I have ■lily a few minutes ti> live,*' and instructed him to find her husband . Mr. Weston .quoted eminent Knglish authority, which was to the ell'ect that »n an indictment fur murder or manlaughter. a statement made by the de-

cased immediately after lu- or she .was nocked down could lie admitted as evilence, provided .that at the time tile iijural person belie veil liimself or herself to be living, or stilted so. Tlie Magistrate: That is the question. Mr. Weston said they could only «s----•ertain this phase by continuing Fitzimmons' evidence on tlie point. The wituess deposed that Mrs, Kleuler said: "I HAVE ONLY A FEW .MINUTES TO LIVE.''

.Mr. Weston said that showed clearly lint'llio woman was of opinion that she vas (lying. Mr. Johnstone said that: there was '•.nimd- to be some feeling over a case of ihis kind, and, 10-1 the life of hi* client should he endangered he would like his Worship to direct -that this evidence should not he published. -Mr. Fiuherbert said he could not lireef the reporters as to \rliat they •honld 4ilid what, they should not publish.

Mr. Johnstone said it was possible for tiie Bench to make a request of this hi Mire. He felt thai the publication of this sort of evidence would tend to prejudice the accused in the eyes of the jury in the later proceedings. The Magistrate said that probably the depositions would bn put in evidence later, and he didn't think the "vidence just adduced would prejudice 'he accused's case hat!' as much as the

üblication of tliosn depositions. This vidence was really a surplusage, except that it was corroborative of the dejmsitions. The judgci would have to decide upon its admissibility or otherwise. The Magistrate decided to admit the evidence, noting Mr. -Johnstone's objection up oil the depositions. Resuming:, the witness gave in evidence that Mrs. Klenuer said to him: 'Tve been shot, by Dr. Anode.*' "Witness •jot a pillow and placed it under her shoulder, and then he. wont for assistance, going, among other place, to the post otticc to telephone for a doctor. Ilefore leaving thci house lie locked the front door, ami went out l>y the back door, leaving that one ajar, fioing out. lie went past the sitting-room window into firey street. Vpon walking down the garden }>nlh be saw Dr. fioode looking out through the window of his own blouse towards Klenner's. ITe saw Dr. Coode again between six aiid seven o'clock that evening, after his arrest. The only Jin-arm he had ever seen in Kleinier'* lmn-e was a volunteer's magazine rifle. After going to the post office I hi' went to the shop, and then returned [to Klenner's house. By this time Mrs. : Clare was there. He had been in the ! house for about a minute when Constable I'rive walked in. The witraess believed that just before this lie ; Miad passed the constable either going in by |)r. fioode's gate, «r passing out through!, it. lie then went awnv for Mr. Klenncr. and met him about a mile and a-half from Waitara, on the Tikorangi road. When lie was leaving Klenner'l for the post office he saw Mrs. fioode at her side gate, a*nd she spoke to him,

TUB REVOLVER. A revolver was produced. The witiuss said he had never seen it or anv weapon like it at Klenner's, and he hadn't one himself. KAISON" D'ETRE. When Mrs. Klenncr told him that she had been shot by Dr. Goode, and that she had only a few minutes to live, she also told him why he had shot her. She said, 41 lie wanted myself, and I answered, 'No.'" She added that the accused had fired two shots at close ra*ngc. Maria Elizabeth Clan', wife of If. Clare, residing at Waitara. said nlie •Jiad been a personal friend of Mrs. Klenncr, whom she had known for about 1 twelve years. She well remembered the afternoon of December 14th, when Mrs. fioode came to her house. In consequence of what the latter *aid to her. she returned with her to Mrs. Uoode's house. They went in by the firey Street gate, up to the surgery steps. The surgery door was closed. She did not see Dr. fioode, but she heard footstep*

inside the house. Otherwise the house was quite quiet. As they stood there she heard muffled groans. They went! down to the gate, and still they could hear the groaning,. Witness then left I Mrs. Goode, and wiflit straight to Mrs. Klenner s. Approaching the house, she 1 heard distressing cries coming from the Iront sitting-room. Shu went to the window and .poke to Mrs. Klenner through it. The front door was locked, so she went to the hack door, and through the passage to the sitti'ii"'room door. There she saw Mrs. Ivicnlier lying oil the floor in front of the fireplace (as previously described). Mrs. Klenner was alone in the house. The witness attended to Mrs. Klenner as far as she could, and .Mrs. Klenner told her how she came by her wound. Mr. Johnstone objected to the admission of this hearsay evdience. Mr. W'eston: Did she say anything as to the seriousness of her condition? Witness: Yes. She said, "Oh, Mrs. Clare; Dr. Goode has shot me." Witness asked the cause, and she snirt " lie wanted myself, and 1 said 'No.'"

Mr. Weston: Did she say anything as to the duration of her life'; Witness: Yes. She said, - | feel lam sinking. I have ; only a few minutes to live," and was grieved lest she should die before her husband arrived. The witness, resuming, saw mat Constable Price and Mrs. Spurdle came in just afterwards. Witness heard Mrs. Klenner tell Mrs. Spurdle much the same as she had said to ner. "Mrs. Spurdle and Mrs. Cossar wiped up Ihe blood, which was flowing from Mrs. Klenner towards the door. Mrs. Cossar picked up

TWO EMPTY C'AIiTHIDGF from the floor, and, after showing them to witness, placed them on the piano. Shortly afterwards Constable Price came in again, and she handed the cartridge cases to him. They were similar to those produced. Before going to the house she saw Mr. Trim and Mr. Morrison in Grey Street. Mrs. Cossar left the house first. Mrs. Spurdle and herself waiting in the house, helping, im« lil just before Mrs. K.tmier was sent to New Plymouth. There was Jio cross-examination by the defence.

fu further questioning a* to the disposition of tlic furniture, Mr. Weston learned that when .Mrs. Clnit» entered the room an easy chair near Ule lireplace was overturned on the lloor. Emily Spnrdle, wife, of FT. Spunlle, reat Waitara, said she had known Mrs. Klenner for about twelve year*. She remembered gofftg to the front sitting-room in Kleiner's house on 14th December last. Mrs. Clare and Mrs. Klenner -were there. Mrs. Klenner spoke to her, sayin*y, "On. Em, I'm going to die. It's hard for you to see me like tins, hut I'm pleased you're hero to say good-bye." Prior to this, when witness first went in. Mrs. Klenner said. "Mrs. Spurdle, Dr. Goode has shot. mo. He wanted me for himself, hut because he could not have me he said no one else should.'' Witness was going l to move the overturned chair. but Mrs. Klenner asked her not to, as her "poor hack was resting on it." The deceased ladv also told her that; three shots were fired, that she was sitting down at the time, mid that she had fallen from the ehair. Dr. Goode asked, "AUK YOU DEAD?"

She refused to answer, fearing that he would lire again. Dr. Goode kicked the ehair over. Mrs. Klcnner* clothes were saturated with blood. The whole of this conversational evidence was objected to hv counsel. The witness deposed that, but for a tew minutes* absence about live o'clock, she was with Mrs. Klcnner up to the time of her removal to New Plymouth, and came to Xcw Plymouth with her. The chair against which .Mrs. Kleiincr was leaning hail blood upon it. Alice Trim, wife of William Trim, living in Cracroft Street. WaHara, said she had known Mrs. Klcnner for about fifteen years, and she was familiar wit'h her house ami the arrangement of, the furniture in the sitting-room. The two chairs photographed in front, of the lireplace "were ordinarily placed in thalt' portion. She remembered going to the house on this particular day, ami gave corroborative evidence as to the position of Mrs. Klcnner, the overturned' chair, the excessive llow of blood, and so 011. That night, after Mrs. KTenner's removal to New Plymouth, the room was locked, and no one went into ilj till next morning, when she went in and cleaned up the blood from the lloor. lore the blood-stained paper from the wall, and tore the blood-stained tapestry cover from one of the chairs. There was blood on the inside of the door, and she washed that oil'. There was blood also on the overturned chair, and on the sofa, and this could still be seen.

MEDICAL TESTIMONY. Dr. E. F. Eookcs, of Xew Plymouth, gave evidence (if his visit to the house. There were three or (our people in tinroom. Ill's. Klenner was in it state of Jwlllapsc, attributable to loss of lilooil. Tim lloor was covered with liloocl, her clothing saturated, there was blood on her face. and 011 the wall. Dr. ('laridgc was in the. room when lie arrived, t'pon si-eking the cause of the hemorrhage, he found two wouiiu# —one upon the lower part of the left cheek. a little ill front of the angle of the jaw, and the other ill the centre of the lower part of the neck. Dr. Chuidge and the witness proceeded to clean the wounds, both of wliich were circular, and around each was a considerable blackened area, such as was generally nssneialod with gunpowder explosion. Around the lower wound, ill addition to tile blackness, there were bli-ters. as though the Skill had been burned, and then* was also a blister upon the point of the chin. The woman was suil'ering a great deal from shock, hilt was perfectly conscious. The doctors decided to try to locate Ihe bullets which had caused the wounds, and administered a little chloroform, hut the hemorrhage from the wound on the cheek recommenced lirisklv. so much tliat they decided it inadvisable under the circumstances to piwed nriv further with the search. They plugged the wound to prevent further hemorrhage, pul an antiseptic/dressing upon both wounds, and ordered her removal lo Xcw Plymouth hospital. The wounds had every appearance of having been caused by the discharge of a. firearm at short range, lie superintended the'removal of the injured woman from the house to the vehicle, and lie and Dr. Claridgc concurred in the methods adopted, lie was shown a bullet and an undischarged cartridge which were said lo have been picked lip in the room. Ite was also shown the natural crown of a iooth. and looked into Mrs. Klenilcr's mouth to see if there was corresponding injure. There was not. As far as lie remembered. Dr. Claridgc look possession of it. Dr. 11. A. 11. ('bridge, of Wnilara. said he was called to Mrs. Klenuer's house in W'ailara on 1-ltli December last, and Dr. Eookcs came in within a iiiimile of his arrival. ITe. described the wounds. The patient complained of pain in the left arm, and lie found it was affected with partial paralysis. She was perfectly rational -and conscious. Later on in the day

])]!. CiOODK WAS AUIiKSTKI), and was taken to the police station at Wilitara. Witness was sent for. When lie <rot to lite police -artiion lie saw Dr. tloode, Constables Price and McTvor.aud one or two others. In fad a crowd had '"■' Mowed to llic station. Dr. (ioodc was silting in a eliair in (lie oilier. || (; was in aii excited stale. When witness went in Dr. Muode said, Dr. (.'lavMr. Johnstone interjected ami nl> I'd to llic witness giving wideim- lo what J)r. (loode .said to him. This evidence, he said, was dearly inadmissible. Hi.s Worship said he could no! see how this could he classed, as Mr. Johnstone urged, as hearsay evidence. Any stalenient, made I>y a prisoner when arrested by the constable couhl be used in evidence, unless it comil bp shown thai there -was some threat or promise or inducement to make a statement or confession. Mr. tlobnstoiie said the cases were :iof parallel. This was not a confession of the crime.

Th'c Magistrate said the e-.rdciice miyhl he irrelevant, but it was clearly admissible. Mr. Weston said the evidence he wa'< jroing to adduce would be of as much value io the ru-ciwd as to tire prospou* tion. It was his duly as Crown Prosecutor to adduce the evidence on bot'ru 1 sides. And this evidence wouhl of value to his friend in connection with' the accuseds menial condition. ■Witness, resuming. <a*d thai when he 'saw })r>. Klenncr she was rei lhiinp on some bedding, her riprlii slioiddcr ;urainst an overturned chair near the fireplace. At five o'clock the Court adjourned till ten oVlock tins morning. Mr. Weston intimated that Ihe examination of 'Or. Olaridge would o-'cupy fullv an hour.