Omaha daily bee., 1899-07-09
TEN YEARS FOR JOHN KERR
Receives Minimum Sentence for the Murder
Of His Father-in-Law,
INSISTS THAT he WAS NOT RESPONSIBLE
in His Final statement Kerr Declares
that His wife's Fnithlcss-
ness Robbed Him of
Reason.

Ten years in the penitentiary is the pun
tshment that John Kerr must endure tor
killing his wife's father, John Reid, at val
ley July /. 1898. This sentence was pro-
nounced by Judge Baker yesterday anu
Kerr was remanded TO his cell in the county
jail. from which he will soon be taken 10
Lincoln to begin his decade OF existence IN.
side the walls OF the prison. 10 the emu
Kerr asserted that he did not know what ne
was doing when he fired the shot and ne
vehemently declared that the misdeeds Oh
his wife drove him to commit the crime
Kerr was brought into the court room
some time before Judge Baker mounted the
bench and he spent a quarter OF an hour In
earnest conversation with his attorney A.
G. Troup. A number of minor matters were
passed on before the sentence was reached
To the question whether he had anything
TO say why sentence should not then be
nassed. Kerr merely shook his head, but MT.
Troup addressed the court briefly In a plea
for the minimum sentence. He reiterated
the opinion that Kerr was so distracted with
his troubles that he did not Know what ne
was doing on the morning on winch tne
shooting occurred and called attention 10
the fact that, in finding Kerr guilty Of MUIR
der in the second degree, the jury mad
recommended him to the clemency OF the
court. He also stated that he had a petltlon
signed by nearly all the business men ana
citizens Of the vicinity OF Valley and by
most OF the witnesses for the state, in which
the court was asked to impose the minimum
penalty and emphasized the statement that
UP to this time the life OF the defendant had
been beyond reproach.
In passing sentence judge Baker assured
the defendant that it was the province of
the jury to pass on questions of fact and
that it was then the duty Of the court to act
On accordance with the verdict. He stated
that Kerr had the benefit Of a fair trial and
of a most able defense. While the Jury had
decided that he was responsible for the
crime, he was forced to conclude that the
murder was partially due to the trouble that
ne had experienced.
Here Kerr broke In with a vehement COM
plant that his wife was the cause of his
trouble. He declared that he had always
believed in his wife and when he was told
that she was untrue to him the discovery
drove him distracted. He also said that If
his brother, Robert, had been a man OF
sound mind he would never have taken him
to Reid's hotel in the condition of mind that
he was in at that time and the tragedy
would never have occurred.
Continuing, Judge Baker said that he was
convinced that Kerr was not a bad man at
heart and everything pointed to the fact that
while he might have known what he was
doing, his mind was in a very unsettled con-
dition when he committed the crime. In
view of this and OF the recommendation of
the jury and of Kerr's neighbors and fellow
citizens he would give him the minimum
penalty prescribed by the statute, which Is
ten years in the penitentiary.
Kerr made no reply when the sentence was
-l -y-- -.N NJ., tn1.A- loa1r
to the county Jail. 1t is understood that,
since the lighteet possible sentence has been
secured, his attorneys will not appeal the
case to the supreme court.