MURDER ALLEGED

Wanganui Chronicle, Volume 76, Issue 107, 9 May 1933, Page 6

MURDER ALLEGED

DEATH OF A WOMAN CLARK TRIAL COMMENCED. [ Per Press Association. 1 AUCKLAND, May 8. The trial of Thomas Francis Clark 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 t-he 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 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 awakened by hearing Mrs. Bennett call 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 closed in his face. There was a second report from the living room. When Hamilton opened the door he saw accused standing in a dazed condition. 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. Accused was subsequently arrested on a charge of murder. On the following morning, accused had voluntarily made a statement to a detective confessing that he had shot Mrs. Bennett. This statement or confession was sufficient in itself to justify the charge of murder.

Alice Whewell, widow, mother or deceased, said accused and her daughter intended to be married. Alfred George Hamilton said he haff known Mrs. Bennett for about 12 years. He had lived at her house tor about 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 accused had been in the habit of visiting thehouse three or four times a week in the evenings. Accused called at the house on the evening of January 17, leaving at 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.”’ The 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 accused backing out through the door with the gun in his hands. Witness made a dash at him, but the door was shut in his face. Another gunshot followed from the living room. On opening the door witness saw accused in the living room but saw no sign of the gun. Accused, said, “It is all right. I only had two cartridges.” Witness said, “What are you up to Frank? You have shot Mrs Bennett.” Accused replied: “I didn’t half do enough. I missed myself.” Accused then walked through to the bedroom and stood at the foot, of the bed. Accused’s Statement.

The police produced a. statement which it was stated accused had made voluntarily. In the statement accused described a visit to deceased’s house. The statement proceeded: “The lights were all out in her house at the time. I tould see they had all to bed. When I saw the bed was 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 the bedroom in front of the house, where I knew Alf Hamilton slept. I had a torch with me at the time, and when I entered Alt’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. I 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 bed and pinched her knees to wake her up. She woke up and said. 1 What do you want here, Clark, 7 and T said. ‘I have found out it is true, 7 and then fired a shot at her while she was sitting up in 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 •cartridge from fhp 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 a doctor, and that is all.”