ALLEGED MURDER

Gisborne Times, Volume LXXIII, Issue 11878, 24 February 1933, Page 4

ALLEGED MURDER

THE PAPATOETOE TRAGEDY

WOMAN SHOT IN BED

LABORER, BEFORE COURT

Press Association.; AUCKLAND, Feb. 23

The hearing, of tbe charge against Thomas Francis Clark, 33, a laborer, of murdering Bertha May Bennett at Papatoetoe, on January 17, began at the Otahuhu Police Court. The deceased’s mother said the accused was often at the deceased’s liou’se. He had spoken to witness about' his regard for Mrs Bennett, and said things, would be different after Christmas.

Alfred George Hamilton, a freezing wbrks foreman, said he had been living, at Mrs Bennett’s home for eight or nine years. There were no relations between them.

Examined by the Grown Prosecutor, Mr V. R. .Meredith, be said lie and the deceased slept in the same bed. The witness said Clark was a frequent visitor to the house. On the night of January 17, witness retired at about 9.15 p.m. Clark arrived at about 7.30 p.m. Tbe deceased’s daughter and a man named Robert Hall also were there. A. few minutes after 9 o’clock Clark went to catch his horse and the deceased saw him off. On returning there Was nothing unusual about his demeanour, and soon after she retired to bed. The witness said he also retired. Mrs Bennett was in bed. He went to 'sleep, bub was awakened by hearing her say, ! ‘What are you doing in here. Frank ? You get out of here at once.” A second later there was the report, of a gun in the room, which was dark. The flash of the gun came Horn the foot, of the bed. He could not see who had the gun, hut saw the form of a man backing out of the door. While he was trying to open the door, he heard the report of a gun from tbe next room. He then switched on the light and the man said: “It’s all right. I only had two cartridges.” Witne'ss said: “Goodness Frank, whatever are you doing? You shot Mrs Bennett.” He replied: “I haven’t half done enugh. I’ve missed myself.” The witness said he then went for the police. MEDICAL EVIDENCE. About twenty minutes to twelve on the night of January 17, I received a call to Mrs. Bennett’s house,” said Dr. J. Valentine. “When I arrived Mrs. Bennett was lying in a pool of blood, just breathing. Five minutes afterwards she died. When I arrived Clark was in the living-room with Constable Maloney. He was holding his arm and said that his left side was very sore. I examined him and found a contused area on the left side of his chest. His left side was full of shot. I dressed the' wounds and waited until the detectives ar-

rived.”

DAUGHTER’S STORY OF THE TRAGEDY.

Una May Hall, aged 20, daughter of Airs. Bennett, said that before her mother’s death she was living with her at East Tamaki Road. Hamilton also lived at the house and shared the same room with her mother. That had gone on for years. She was very small when Hamilton first came to the house, and she hardly remembered Clark, who often used to visit the homestead. Hamilton and her mother were both members of the Pakuranga Hunt Club. Clark visited the house nearly every night ,for about IS months.

“On the night of the tragedy,” said witness. “I was at home with Robin Hall, now my husband. Clark arrived about 7.30, and lie and my mother were talking on the verandah. There was nothing unusual about them. I put my horse away down the paddock, and then I went inside with Hall. I think I heart Clark leave shortly afterwards. I vent to bed about nine o’clock, and went to sleep. I was awakened about two hours later by the sound of somebody creeping through the house past my door. 1 saw something which .1 thought it as a- torch being flashed on and off. The ne> thing I heard was my mother saying there was a torch in- the room. A few seconds after I heard a man s voice saying something to the effect that he had ‘‘got her’ or ‘found her ' I also heard by mother say ‘Whatthe hell are you doing in here at this hour of the night, Frank?’ Thou my mother said something to the effect of ‘Get out of it-.’ Then there was a shot, At first I stayed in mv room. TJnjro was a bit of a scuffle, the’ banging of a door, another gun shot- and the breaking of glass. I then heard Clark and Hamilton speaking. Clark sa-id, ‘lt’s all right, Alf I’ve got two shots.’ Hamilton asked Clark what lie had done such a- thing for. I think I heard Hamilton sav that be had ‘killed her.’ ” Witness said .she then came out- of her -room. Hamilton rushed round to go for a doctor and Clark went hack to the bedroom. He just stood at' the side o) t-Jio bed looking at her mother. She and Hamilton then went for the police.

ACCUSED’S SIGNED STATEMENT

TO POLICE.

Detective Sergeant McHugh said that accused after being formally warned, made and signed a statement. In this statement, which was read to the "court, Clark said lie had begun to walk out with the deceased /about eighteen months ago. He told ther he had heard people ssiy she Iliad lived with his cousin, .Alf Hamilton. ■ ■ Continuing, the,, statement read: t “i told her that if I found out that she was living with Hamilton I would 'shook her; 'On January .16, I made arrangements with her for tho wedding. On the evening of January 17 I visited her house between 7.30 and’ 9 o’clock. Then I went home to bed - and

read a book until about 10.30. Then I went back to the bouse and looked through the window of the 'room whero Mrs. Benne • ■ said she slept. The bed was empty. Then I went into' the room nhtro Hamilton slept. I shone the torch, mid (found them in'bed together. Clark’s statement' continued that li© went to the back of the; house, got his gun and two cartridges, and went into the bedroom; again. Hh woke Mrs. Bennett , by; pinching knees, whereupon ; she rose and. sam, “What are. you doing here Frank ? Th© statement' concluded: 5 “I then ;shot- her, and; went; to the next room, and tired a shot at myself, but a watch in my pocket deflected ’ the charge. Tho Magistrate; as Coroner, returned, a. verdict .that Mrs. Bennetts death was due to’ a gunshot wound inflicted by. Clark, : -; • ; V..-1 Accused reserved, .his defence t was committed to - Court for trial. ‘