ALLEGED MURDER

Wairarapa Times-Age, 12 April 1938, Page 9

ALLEGED MURDER

SON ACCUSED OF KILLING FATHER LOWER COURT HEARING PRISONER COMMITTED FOR TRIAL By Telegraph—Press Association. CHRISTCHURCH, April 11. The hearing of the charge of murder, against Roland Leslie Kay, engraver, aged 36, was proceeded with in the Magistrates’ Court today. Kay was charged that on March 20 he murdered John Kay. Mr E. C. Levvey, S.M., was on the bench. Chief-Detective Dunlop conducted the case for the police and Mr A. C. Bassington appeared for Kay. Numerous exhibits were in court, including a shot-gun, a branch of a tree and brown felt targets showing experiments conducted with the shot-gun.

Gregory G. Kelly, police arms advisory officer, said the shot-gun handed to him could not go off accidentally. Under normal circumstances the trigger required an 81b pressure, which was 41b more than usual. Tests showed that the cartridge case produced had been fired from the weapon. Sarah Elizabeth Kay, widow of John Kay and mother of accused, said her husband was 74 years of age and a retired railway worker. Her son lived with them and they were all a happy family. On March 12 her son contracted a bad cold and he was in bed several days. On Sunday, March 20, the family had breakfast together and at 3 o'clock witness and accused went for a walk, returning about 5.30 p.m. On Sunday evening her son was quite normal. Her husband went outside at 10 o’clock, and she heard a shot which seemed to come from the back of the house. She went to a neighbour’s house and later her son came over. She asked him, “Who could have done that?” but he did not answer. Generally speaking her son had a kind and happy disposition. A Neighbour’s Evidence

David Henry Reed, a neighbour of Kay, said that when he heard the explosion in Kay’s place he went over. Kay, senr., spoke to him and said he was hurt. When he went to look for matches he met accused coming round the house. He asked accused if he had heard a shot and Kay said that he was just coming up to the house to see what it was about. On seeing the condition of Kay, senr., Reed suggested to accused to go and comfort his mother. -

While he was looking for a telephone number, added witness, he saw accused sitting on his mother’s bed. Kay seemed very depressed and later was lying on his mother’s bed crying. Dr A. B. Pearson, pathologist at the Christchurch Public Hospital, who conducted a post-mortem examination, submitted his report. He identified pellets taken from the body and said Kay’s injuries were on the 'head and upper part of the body. William Douglas Harper, station officer for the St John Ambulance, said Kay was lying face downwards in the backyard near the door when witness arrived. He was unconscious but was breathing. Finding the Weapon.

Sergeant M. Hodgins, stationed at Addington, said he saw accused at Reed’s house and asked what had happened to his father. Accused said: “He must have shot himself.” Witness asked accused if there was a gun in the house and he said there was one in the bathroom. Witness could not find 1 any sign of a firearm and accused said it was behind a chest of drawers where he had last seen it. In the morning when witness searched accused he found a cartridge in his coat pocket. Accused said it was his father’s coat and his father must have put the cartridge there. After a search of the grounds later witness found a gun under a stretcher in a tent. There was a used cartridge in the gun. Detective-Sergeant T. E. Holmes said that from an examination he made of the body it appeared to him that Kay had been shot from behind. With other officers he conducted a search of the house and premises.

Detective William A. Parish said that some branches of a tree growing at a corner of the house had been badly bruised as if a shotgun had been fired through them. He found eight pieces of a wad near the tree.

Vincent John Kay, land agent and brother of accused, said the gun was the property of his father and had been kept at his father’s residence for about 20 years. Witness had used the gun about three years ago. Detective-Sergeant J. Bickerdike gave evidence of an interview with accused, who had admitted shooting his father but had said the gun went off accidentally. Statement by Accused

Accused in a statement produced by witness said he had not felt well after having influenza, and his head had been causing him a lot of trouble. He went for a walk outside on the night of the tragedy and got the gun and loaded it. He was “fooling about” with it when his father came out of the back door and it .went off. His father fell to the ground. Witness said accused had said he did not intend to shoot his father as they were good pals. Accused had said, “I felt as though I wanted to do something desperate. I can't explain this feeling.” Detective-Sergeant F. Sinclair corroborated the evidence of the prvious witness.

Accused was committed to the Supreme Court for trial.