MURDER ALLEGED

Waikato Times, Volume 106, Issue 22682, 9 August 1945, Page 6

MURDER ALLEGED

YOUNG MAN FOR TRIAL SHOOTING AT TE KUITI A charge preferred against Keith Bennett, aged 26, driver, of murdering Lois Ypres Fitzgerald, aged 26, a married woman living apart from her husband, was heard yesterday in the Te Kuiti Court, and after accused had pleaded not quilty he was committed to the Supreme Court at Hamilton for triaL Justices of the peace presided and 12 witnesses for the Crown were heard. Darcy Hori Tangihaere, aged 27, said he knew Lois Fitzgerald had been keeping company with Bennett, but when witness commenced keeping company with the woman three weeks before the tragedy on July 22, Bennett had never threatened physical violence. Tangihaere said he and his wife had been living apart for some months, and he knew Mrs Fitzgerald and her husband were also living apart. On the night of July 21 he took Mrs Fitzgerald to a picture show and then to supper, later going toward her sister’s home where deceased was staying. Incident with Gun Near the front gate they stood talking for some time, continued witness, and then went across the road to a vacant section. They had been sitting there under a hedge for some time when Bennett appeared with a gun, calling to witness to come up to higher ground near the gate. Witness was complying when he heard Bennett say: “I am going to do you both in and then do myself in.” Mrs Fitzgerald remonstrated with accused and witness took his coat off intending to grapple for possession of the gun. Bennett retired a few yards toward the roadway, and a little later witness heard him say: “Well, I’m determined to do what I came to do,” and then the gun was fired, Mrs Fitzgerald falling to the ground. Tangihaere said Bennett then ran out the gate, while witness ran along beside the hedge inside the paddock and got through a hole on to the roadway, but he was unable to decide which way Bennett had gone. Witness returned to Mrs Fitzgerald, who was groaning in pain, so witness hurriedly called for Dr. de Castro. Other people arrived and the woman was taken by car to the public hospital. Constable's Evidence F. G. Read stated that about 1 a.m. on Sunday, July 22. he was avr-akened by accused, who was excited and breathing heavily. He said he had shot a woman who was under Anderson's hedge, and that he had> done it-, intentionally, as he had found her lying under the hedge with another man. Witness said he had been keeping company with the •woman for about three months. While walking to. the police station, accused told witness he had thrown the gun away in ** lane before coming to the constable. Wetere Hetet, a borough employee, said he and seven oi* eight others had consumed a five-gallon keg of beer on the Saturday evening at the home of H. T. Barton. All became merry, but none was drunk. He left Barton’s house at 10.15 p.m., in company with Bennett. Another borough employee, Harry Te Aroha Barton, corroborated. Dr. L. de Castro said Mrs Fitzgerald died in hospital at 8 a.m. on July 22, death being caused by gunshot wounds penetrating <he heart. Sergeant E. A. Gatehou.-e said he informed accused he would be charged with attempted murder. Bennett replied : “I have dope it and there is not much else I can say. Later in the day witness told accused at the police station that the woman had died, and that Bennett would be charged with murder. Bennett made no immediate reply, but later said: “That's the encj of it.”