Omaha daily bee., 1899-05-12
KERR ON The WITNESS STAND
His Memory is a Blank Regarding the
Killing Of Reid,
SHOWS NO INSANITY WHILE TtSTlFYlNG
He Answers All Questions ReadiIy
and Intelligently Except Those
Directly Bearing on the
Murder at valley.

Directly Bearing on the
Murder at valley.
The presence of John Kerr on the stand
In his W behalf infused some additional
interest in the proceedings in criminal court
yesterday. Kerr's testimony occupied
nearly all the forenoon and, while 1t added
no new element to the case, his version of
the incidents before and after the murder
was heard with marked attention by the
twelve men on whose verdict his life de-
Ponds.
Nothing could be more foreign to the
conception of a murderer than the demeanor
OF the defendant while he was on the stand.
NO more mild-mannered and inoffensive APP
pearing witness has been heard in the case.
lie spoke in low tones at first, but after he
had been enjoined to speak up his testimony
was clearly audible. He was perfectly COL
lected in his manner and exhibited no symp-
tom of mental arrangement. IL answered
all questions readily and intelligently, ex-
cept those that related TO the murder or
MS previous fight with Reid. OF these he
denied the slightest recollection. He was
handled very gingerly on cross-examination
by General Gown, who evidently did not
wish to provoke any ebullition OF temper
that might be construed by the jury as an
indication OF mental weakness.
Some Of the most important evidence that
has yet been produced by the defense was
brought out during the examination Of
County Physician Henry Weise, who was the
first witness of the day. DR.. Weise said that
he treated Kerr the first time on the morn
ing after the shooting. Kerr's face was black
and blue and he had Commissions on the head,
shoulders and chest. He said that the gashes
on the side of his neck, left from his at
tempt to commit suicide the evening before,
were not perfectly stitched and there was a
bloody discharge from each ear. Kerr also
had a high fever at the time and although
he did not speak a word to the witness for
several days, he kept putting his hands to
his head. At that time he was evidently
deaf and continued so until the discharges
from the ears were stopped, when he became
able to hear on one side.
Further inquiry in regard to the condition
of the defendant at that time brought out
the statement that he had a par
tial paralysis of the right arm
and hand. This, in the opinion of the
witness, was due to an injury to the brain
caused by a blow on the head. The witness
believed that there had been a hemorrage
of the brain, the Serious matter finding it's
way out at the ears and nose. The blood in
the discharges came from ruptured arteries
at the base of the brain and this also con-
tanned some fluid brain substance. There
was no actual fracture of the skull, but the
witness believed that the floor of the brain
had been wrenched or Jared sufficiently to
cause the ruptured arteries.
Kerr Takes the stand.
Mr.. Mahoney then raised a slight breeze
In the court room by calling the defendant
to testify in his own behalf. Kerr was
G,-@ n-Ir~ H. 4. II
with Chris Ambos. in which Ambos told
him that Ed Mcguire was going to do him
up. During 1898 Mcclure did commit an
assault or him. He was also assaulted on
another occasion in 1898, but he did not
know who did it. He was passing the
Burlington headquarters in Omaha when he
received a blow and he did not know any
thing more until he woke UP In the city
Jail the next morning.
Kerr was then questioned in regard to his
fight with John Reid in Omaha on the Tues
day preceding the murder. They went to
the races during the day and late in the
afternoon they started on their way home,
intending to stop on the way to see Mrs.
Kerr. The witness went in to see Mrs.
Kerr alone and Reid remained in the buggy.
He was met at the door by a man who said
Mrs. Kerr was not there. Then he went
back to the buggy and asked Reid why he
was deceiving him. Kerr declared that he
could not remember whether he got back
into the buggy or anything that occurred
after that time. His recollections of what
occurred the next day were also confused
and all he could say was that he reached
home some time after dark. Then he I'M
harnessed the team and was so exhausted
that he lay down in a stall. Finally he got
up and went to the house. He tried to
CLAN hut could not 90 Ln ,rarA o-t o-l
lay on the lawn until daylight. He then
went in and stayed in his room all day
and the following night. He did not eat
anything and could not say whether he slept
any or not. About 10 o'clock Friday morn
ing he got up and asked his brother Robert
If he would go with him to Elkhorn to see
Attorney Sullivan. He did not eat anything
that forenoon either. He put the gun in
the buggy because he had been told that
Ed Mcguire was coming to Elkhorn to do
him up He had frequently carried the
gun in the buggy when he was trayeling
in that neighborhood. He was allowed to
describe the route he Travelled with the evil
dent intention of showing that he did not
intend to go to Valley when he started.
He then stated that he intended to go to
Elkhorn to see Sullivan in regard to bring
ing a suit against Reid. After he left his
brother Williams place he drove to Water
loo and thence to Elkhorn. He did not find
Sullivan, but he was told at Sullivan's
residence that he was in Valley. They
then went on to Valley to find Sullivan.
Memory Fails Him.
From that time the memory of the wit
ness became a blank, He remembered leav-
ing Elkhorn and asserted that he knew
nothing more until he met Sheriff McDon-
aid in the Jail in Valley. He declared that
he did not know anything that happened
between those incidents. In reply to a di-
rect question he said that he had no inten-
ton of killing Reid when he went to Valley.
He had never had any intention of killing
at any time. He also asserted that he
has now no recollection whether he saw
John Reid while he was at Valley.
On cross-examination the state endeavored
TO elicit some additional testimony in regard
TO the alleged assault near the Burlington
headquarters, but the witness could re-
member nothing. He was positive, however,
that he was sober at the time and that the
bruise on his head resulted from a blow and
mot from a fall on tha cidavya1I nlo ,.o4o