SEVEN HOURS OUT

Gisborne Herald, Volume LXXII, Issue 21854, 26 October 1945, Page 4

SEVEN HOURS OUT

MURDER CHARGE JURY

MANSLAUGHTER VERDICT

ACCUSED GOES INTO BOX (P.A.) HAMILTON, Oct, 25. A verdict of guilty of manslaughter was returned by the jury in the Supreme Court against Keith Bennett, aged 26, driver, who was charged with the murder of Lois Ypres Fitzgerald at Te Kuiti on July 22.

The jury retired at 5.50 p.m. yesterday 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 the doubt also was sought. At the foreman’s request His Honour read the evidence of the witness Tangihaere, the deceased’s companion on the night of the tragedy, and also that cf the prisoner. The jury returned at 11.43 p.m. after a retirement of seven hours. Mr. W. W. King 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 consideration, and he remanded the prisoner for sentence. When the trial was resumed yesterday Constable F. G. Read said he was awakened at about 1 a.m. on July 22 by the accused, who said he had just shot a woman. The accused told the witness that he had found the woman under a hedge in company with another man and shot her. He thought he had killed her. The Accused’s Evidence Giving evidence, the accused said he entered camp at the age of 21 in 1940 as a volunteer and went overseas. He rose to the rank of sergeant on active service. His nerves and hearing _ were affected by active service conditions, and he had suffered a relapse after jaundice. He was discharged Grade 3B and was awarded a pension. Bennett said he met the deceased, and after keeping company with her they agreed to marry when her divorce was completed. They were quite happy until a week before July 14, when lie realised that things were not .going well. He questioned Mrs. Fitzgerald, but could get no satisfaction from her. He attended a party on the night of July 21. Some liquor was consumed there, and he then decided to call on Lois to see if he could come to an understanding with her. Continuing, the accused said he saw Lois and Tangihaere go behind a hedge. He thought that was the end of everything. Lois was the first girl he had been serious with. He then returned to his home to think things out. Got a Shotgun

He remembered there was a shotgun in the house and, taking the gun with him, he went back to where he had seen Mrs. Fitzgerald and Tangihaere disappear. He called out, telling Lois he wanted to speak to her. She started to walk towards him and he advised her to bring her companion with her. Tangihaere followed behind Mrs. Fitzgerald, who said to him: “There is going to be fun. He’s got a gun.” Tlie accused said he told them he was going to shoot them both and himself a 3 well. Mrs. Fitzgerald advised him not to be silly and declared that the accused was too frightened to use the gun. The accused said he asked Mrs. Fitzgerald what she had been doing and she replied that it was no business of his. Tangihaere took off his coat and challenged the accused to a fight. The accused replied that he had not come to fight, or he would not have brought the gun. Further words were exchanged and the accused became angry. He then cooled down and decided not to carry out his intention to shoot Mrs. Fitzgerald and Tangihaere. He turned away to leave them when Mrs. Fitzgerald said to him, “I thought you were a coward; now I know it.” He then fired. He received a terrible shock. He threw away the £un and went to the constable and gave himself up.