TRIAL OPENS

Southland Times, Issue 22010, 9 May 1933, Page 7

TRIAL OPENS

MURDER CHARGE \ SHOOTING OF WOMAN AT PAPATOETOE CASE FOR THE CROWN (Per United Press Association.) Auckland, May 8. The trial of Thomas Francis Cldrk on a charge of murdering Bertha May Bennett at Papatoetoe on January 17 opened before Mr Justice Smith in the Supreme Court. Mr Hubble said the scene of the tragedy was a house owned by Mrs Bennett. At the time the other occupants were deceased’s daughter and a man named Hamilton, who had been living with Mrs Bennett for about seven years. Some time ago the accused had become a frequent visitor to Mrs Bennett’s home. He visited the house on the night of the tragedy, but left before nine o’clock. The household retired for the night, but later Hamilton was awaken'ed by hearing Mrs Bennett calling out: “What are you doing here, Frank? Get out of this.” The report of a gun immediately followed. Hamilton jumped out of bed, but the door was closed in his face. There was a second report from the living room. When Hamilton opened the door he saw the accused standing in a dazed condition. The accused said he had tried to shoot himself, but the shot had struck his watch. Mrs Bennett later died as the result of a serious gunshot wound. The accused subsequently was arrested on a charge of murder. On the following morning the accused had voluntarily made a statement to a detective, a confession that he had shot Mrs Bennett. This statement or confession was sufficient in itself to justify a charge of murder. Alice Whewell, a widow, mother of the deceased, said the accused and her daughter intended to be married. Alfred George Hamilton said he had known Mrs Bennett for about 12 years, and had lived at her house for eight or nine years. For the greater part of the time he had shared Mrs Bennett’s bedroom. For about 18 months prior to the tragedy the accused had been in the habit of visiting the house three or four times a week in the evenings. The accused called at the house on the evening of January 17, leaving about nine o’clock.

Witness went to sleep fairly soon, but was awakened by Mrs Bennett saying: “What are you doing in here? Get out at once.” A gun was fired from the foot of the bed almost immediately. Witness jumped out of bed as soon as he heard the report and saw the flash. He saw the accused backing out through the door with a gun in his hands. Witness made a dash at him, but the door was shut in his face. Another gun-shot followed from the living room. On opening the door witness saw the accused in the living room, but saw no sign of the gun. The accused said: “It is all right. I only had two cartridges.” Witness said: “What are you up to, Frank? You have shot Mrs Bennett.” The accused replied: “I didn’t half do enough. I missed myself.” The accused then walked through to the bedroom and stood at the foot of the bed. The police produced a statement which, it was stated, the accused had made voluntarily. In the statement the accused described the visit to deceased’s house, the statement proceeding: "The lights were all out in her house at the time. I could see they had all retired to bed. When I saw the bed w-as vacant in her room, I got through the window into the bedroom in which she told me she slept, and walked through the sitting room into a bedroom in front of the house, where I knew Alfred Hamilton slept. I had a torch with me at the time, and when I entered All’s bedroom I shone the torch on the bed and there saw Alf Hamilton and her in bed together. I did not speak to Alf or her at the time and I do not think they saw me. I then returned to the room where I had entered and got a shotgun and two cartridges, which were in that room and then returned to the room where Alf and her were sleeping. I loaded the gun with two cartridges. When I returned to the room with the gun I shone the torch upon them in the bed and pinched her knees to wake her up and she woke up and said: ‘What do you want here, Clark?’ I said: ‘I have found out it is. true,’ and then fired a shot at her while she was sitting up in the bed. Alf jumped out of bed and said: ‘What is the matter, Frank? You have done it now.’ I then left the bedroom where they were and went into the sitting room and changed the cartridges from the left to the right barrel and then fired at myself, but the charge hit my watch and glanced off. Alf then went for the police and doctor and that is all.”