MURDER CHARGE REDUCED

Dominion, Volume 39, Issue 27, 26 October 1945, Page 4

MURDER CHARGE REDUCED

Jury Returns Verdict of Manslaughter DEATH OF WOMAN AT TE KUITI (By Telegraph.—Press Association.) HAMILTON, October 25. A verdict of guilty of manslaughter was returned by the jury in the Supreme Court against Keith Bennett, driver, aged 26. who was charged with the murder of Lois Ypros Fitzgerald at Te Kuiti on July 22. For the Crown, Mr. Gillies said that accused served for four years in the Middle East and returned early this'yeiir, | He settled in Te Kuiti, where he met | Mrs. Fitzgerald, whose relationship with her husband, a prisoner of war, bad virtually ceased. Accused had planned to tnarry her when she received her divorce. However, another soldier Darcy. Tangibacre, became friendly with her, and she went out with him in preference to accused. Accused showed distress for some time, Mr. Gillies continued, but eventually said he was reconciled to bis loss, lie played football on July 21, and in the evening went to a party. Tangihaere and Mrs. Fitzgerald went to the pictures that evening, and later attended a dance before to Mrs. Fitztgerald’s home. The couple were standing near a hedge when accused approached them. He had a gun in his hand and started to talk to the couple. Tangihaere endeavoured to get into « position to grapple with accused when a shot was .fired and Mrs. Fitzgerald fell to the ground. She was wounded in the chest. Accused then gave himself up to the police. Mrs. Fitzgerald was rushed to Hospital, but died soon afterward. The jury, retired at 5.50 p.m. and at 10 10 p.m. they returned to the Court and asked for a definition of the terms "murder” and "manslaughter.” An interpretation of Mr. Justice Fair’s reference in his summing-up to the benefit of doubt was also sought. The jury returned with its verdict after a retirement of seven hours. Mr. W. IV. King (Auckland), who ap- I neared for accused, submitted that the prisoner was suffering from nerves and asked that he be given reformative detention rather than hard labour. His Honour replied that the submission was worthy of favourable conslderntiop, and he remanded Hie nrlsnnor for sentence.