FIFTEEN YEARS.

Auckland Star, Volume LXIV, Issue 113, 16 May 1933, Page 8

FIFTEEN YEARS.

CLARK SENTENCED. SHOOTING OF WIDOW. LIFE MUST BE PRESERVED. VIEW TAKEN BY THE JUHY. Found guilty of manslaughter, Thomas Francis Clark was this morning sentenced to 15 years' imprisonment by his Honor Mr. Justice Smithj in the Supreme Court. Clark had shot a woman, Mrs. Bertha May Bennett, while she was in bed at her home at Papatoctoe on the night of January 17 last.

When Clark was placed in the dock for sentence, Mr. Northeroft, his counsel, said there was very littlo he could say, as the circumstances had been fully investigated during the hearing of the case. The jury by their verdict had taken tlie view that the offence was manslaughter, not murder, and this meant that the opinion of the jury was that Clark had not gone to the house to commit the act which he did commit. ''Had there been no gun in the- house there would have been no tragedy," said Mr. Xorthcroft. When Clark went to the house ho had no intention of handling the gun or of taking life. It was clear that accused was simple in knowledge of the world, he was ignorant of the state of affairs between Mrs. Bennett and the man Hamilton, who at the time of the tragedy was sharing her bed. .Realising that life must be preserved, counsel asked his Honor to take into consideration the shock Clark must have received when he entered the bedroom anct saw what ho dii see. Counsel also emphasised the view of the case taken by the jury in their verdict, and asked the Court to deal as leniently as possible with the prisoner.

His Honor, in passing sentence, said the jury had found Clark guilty of manslaughter. Prisoner was a young man, 33 years of age, a labourer, and had no previous conviction of any kind. "The jury," said his Honor, "must have taken the view that there was a contract of marriage between you and the- woman, and that when you looked into the room and saw her in bed with another man you lost your power of control, and that you committed the act before you had time to cool. Human life must not bo taken in this way. I regard the offence as very serious. The sentence of the Court is that you bo sentenced to imprisonment for 15 years with hard labour."