CHARGE OF MURDER.

Waikato Times, Volume 113, Issue 18879, 24 February 1933, Page 6

CHARGE OF MURDER.

DEATH OF A WOMAN. LABOURER IN THE DOCK. COMMITTED FOR TRIAL. (By Telegraph.—Press Association.) AUCKLAND. Thursday, The hearing of a charge against Thomas Francis Clark (33), labourer, of murdering Bertha May Bennett at Papatoetoe, on January 17, was concluded at the Otahuhu Police Court. Alfred George Hamilton, freezing works foreman, said he had been living at Mrs Bennett’s home for eigiat or nine years. There were no relations between them. Una May Hall, aged 20, daughter of deceased, said her mother and Hamilton had shared the same room for years. On the night of the tragedy Clark came to the house about 7.30. Witness went to bed in her own room about nine o'clock. She awakened, •thinking she had heard someone creeping through the house past her room. The next thing she heard was her mother saying there was a torch in her room. A few seconds after she heard a man’s voice. She heard some words, which were to the effect that he had “ got her" or “found her.” Before that her mother had said, “ Is that you, Frank? What the are you doing in here at this hour of the night?” > The next thing she heard was the ’sound of a gun. She stayed in her room. She heard Clark and Hamilton speaking. Clark said, “ It’s all right, Alf. I’ve only got two shots.” Witness then came from her room and saw the two men.

Died Without Speaking.

Constable G. J. Maloney, of Papatoetoe, said' that about 11.30 p.m. on January 17 Hamilton and Mrs Hall called at his house and took him to Mrs Bennett’s place. He found Clark standing at the foot of the bed in the front bedroom. Mrs Bennett died in a few moments without speaking. Witness saw that Clark had been injured in the arm by a shotgun. Clark appeared nervous, was evidently suffering pain and breathing abnormally. His watch was scattered in fragments round the room. He pointed a a piece of the watch and said, “ That is what saved me. There were only two cartridges.” Accused had a torch in his hip pocket. He said, “It is a pity I had a watch in my pocket.

Statement by Accused.

Detective-Sergeant McHugh said that at 2 a.m. on the morning of January 18 he was sent to Papatoetoe to inquire into the tragedy. Witness then read the following statement, which he alleged was signed by accused :

“ I wish to make a clean confession as to the death of Mrs Bertha May Bennett. lam a single man, 33 years of age, and have known Mrs Bertha May Bennett for the past nine or ten years. .1 began walking out with her about 15 months ago and asked her if it was right what people were saying that she lived with my cousin, Alfred Hamilton. I told her that ir I ever found out that she was living with my cousin, Alf Hamilton, I would shoot her.

“I carried on walking out with her for 15 months'and on Monday, January 16, I made arrangements to get married. On, Tuesday night, January 17, I asked her to change the date of our marriage from February 13 to February 11, and she replied, ‘lt might not be at all.’ I asked her if it was on account of Alf, and she replied, ‘ No.’ I asked her to tell me the truth, whether she was living with him or not, and she replied, ‘ That Alf was nothing to her.’

“My cousin, Alfred Hamilton, lives in the same house as she did. I visited her at her home at about 7.30 p.m. and 9 p.m. last evening, January 17, and it was then that she told me that the weeding may not take place and 1 left the place to go and find out if Alf was living with her. When I returned to her house I looked through a side window into the room where she said she slept and I could see that the bed in the room was vacant. “ When I saw that the lied was vacant I got through the window into the bedroom in which she told me she slept, and walked through the sitting room into the bedroom where I knew that Alf Hamilton slept. When I entered Alt’s bedroom 1 shone the torch on Hie bed and there saw Alf Hamilton and her in lied together. 1 then returned to the room where I had entered and got the shotgun and two cartridges, which were in that room, and returned to the room where AH' and her were sleeping. When I returned to Hie room with (he 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,’ and l said, ‘ I have found out it is true,' and then tired the shot at her while she was sitting up in Hie bed. “Alt’ jumped out of bed and said, ‘What the —— is the matter, Frank, you have done it now.’ 1 then left Hie bedroom where they were and went into the sitting room and fired at myself, but the charge hit my watch and glanced off. Alf tlien went for Hie police and the doctor and that is all.” Committed for Trial. The magistrate, as coroner, returned a verdict that deceased died from Hie effects of gunshot woyuuls indicted by Thomas Francis Clark. On Hie charge of murder accused, who reserved his defence, was coinmilled to Hie Supreme Court for trial