Thomas Charles Michael CLARKE [3245]

  General Notes:

Army details from National Archives website:- CLARKE THOMAS CHARLES : Service Number - VX91891 : Date of birth - 03 Jan 1922 : Place of birth - COPE COPE VIC : Place of enlistment - ROYAL PARK VIC : Next of Kin - MCCARTER GLADYS

I have obtained a copy of Thomas's military records from the National Archives of Australia. It appears he served overseas with the number of VX52266 but was discharged on the 4th December 1942 for misconduct and at the bottom of the Discharge of Proceedings paper it notes "mental retardation", and seems to have re-enlisted in 1943 and been given the serial number VX91891 at that time. Although his previous VX number and service is mentioned on his re-enlistment documents. It seems he spent a lot of time in trouble whilst in the military, with many mentions of AWL and misconduct throughout his records, culminating with him hitting a superior officer. He was discharged from the Army on 23 December 1943 and his file is marked "unsuitable for further military service".

Thomas's NOK on his military records is given as Gladys McCarter of Geelong. Gladys is said to be his mother. On one of Thomas's records his date of birth is given as 3.1.1914 and on another 3.1.1922, so his date of birth is uncertain.

On the marriage certificate of Thomas and Leila, Thomas gives his father as Thomas deceased, and Mother as Madame De Fay deceased and his place of birth as Geelong although his Army record gives his place of birth as Cope Cope, Victoria. Thomas and Leila were married at 272 Somerville Road, West Footscray and the witnesses were Robert James Attewell or Addewill, and Bessie Eva Lilian Wilson. Thomas gives his occupation as farmer and his usual residence as McLeods Flats, Bacchus Marsh, but present residence RX91891 RRD Royal Park as he was in the Army at the time of their marriage.

On Thomas's death certificate, his parents names are unknown, but he was said to have been born at Bacchus Marsh, Victoria.

The Herald (Melbourne, Vic. : 1861 - 1954) Wed 25 Apr 1945 Page 3 POLICE QUESTION LAD https://trove.nla.gov.au/newspaper/article/245339023
POLICE QUESTION LAD ON MURDER AT MT. MARTHA
Early, this afternoon a youth was questioned by detectives investigating the murder of Thomas Charles Michael Clark, 25, whose body was found yesterday in scrub at Mt. Martha.

A post-mortem examination today disclosed that Clark died of gunshot wounds in the skull, brain and abdomen.

In a room occupied by the youth questioned police recovered property which had been stolen from Maryport-guesthouse on April 17, and also found a loaded. .45 calibre revolver and a quantity of lack powder cartridges. Before the discovery of Clark's body pad been reported yesterday detectives R. Burne and G. Pope, from Russell St., stopped youths, aged about 17, in Bourke St. City.

They questioned them about housebreaking's in the country and then allowed them to go. Today Detective Pope went to a house in the city to make further inquiries.

As a result of what he learned, he returned to headquarters and with Senior-Detective Donnelly and Detectives Currer and Burne, went back to the house. They made a search and subjected a youth to further questioning. Police believe that Clark met his death in a dispute after the robbery, and that death was caused by bullets from a revolver fired at short range.

One bullet entered Clark's head, three inches behind the right ear. Another entered the left side, passed through the ribs below the left kidney, and emerged about the middle of the stomach. There is evidence that one cartridge fired into the man's left side set fire to his clothing, and that an effort was made to put it out.

Sub Inspector F. Hobley) thinks the powder flash from one of the shots ignited a celluloid exposure meter that Clark had in his left pocket' with other stolen goods, including a powder compact, handkerchiefs. 1 lb.' of butter and a butter knife.

Doors Chalk-Marked
Police learned today that an other residence belonging to Mr Dowdle was broken into some time between the beginning of Easter week and April 24.

A tomahawk had been taken from the kitchen and was left In a bedroom. During the Maryport robbery a cleaver was taken from the kitchen and left in a bedroom. All doors of bedrooms from which property was stolen at Maryport were marked in chalk with the Cross of Lorraine (the symbol of Free France and Fighting France). Police believe that this sign indicated which rooms the property was in.

Shot From Back
The Deputy Chief of the C.I.B. (Det.-Inspector w, Davis) said this afternoon that Clark had been shot from the back. One .45 bullet was found lying in a fold of Clark's clothes when Sub-Inspector Hobley examined the body yesterday.

It is believed that this was the bullet that, penetrated Clark's body from the left side. It is also thought that a third shot was fired. The pistol and the cartridges - both live and expended - are now being subjected to tests by ballistics experts. Since late last night dozens of suspects have been questioned by the homicide squad at Russell Street Police Headquarters.

Clark's address and most details of his recent movements are still unknown. He was seen at Footscray on April 14, and was last seen In a lodging house in Melbourne on April 15, but apparently did not stay there.

Police believe that Clark served twice in the military forces - once in Syria, after which he was medically discharged and enlisted again.

Anyone who knew Clark or his movements at any time is asked to communicate with Inspector. Davis at' the Homicide Squad, Russell Street. Immediately. All information given will be treated as confidential.

Northern Star (Lismore, NSW : 1876 - 1954)
Thursday 26 April 1945 page 5
GUNSHOT WOUNDS IN HEAD
Body Found In Scrub
MELBOURNE, Wednesday. A post-mortem to-day revealed that Thomas Michael Clark, 27, whose body was found yesterday In a ti-tree thicket 300 yards from Maryport Guest House at Mt. Martha, died from gunshot wounds in the skull, brain and abdomen. He had been dead about a week.

He had been shot from behind with an old type revolver. Old style black powder set fire to his clothes.

A number of articles reported to have been stolen from Maryport on April 17 were found in Clark's pockets.

Police believe the wound could not have been self-inflicted. There is no suggestion that any attempt had been made to destroy the body by burning after death.

A youth, aged 17 1/2 is being questioned by detectives engaged on investigations into the death of Clark. To-night the youth was taken by detectives to Mount Martha.

The Argus (Melbourne, Vic. : 1848 - 1957) Tuesday 22 May 1945 3http://trove.nla.gov.au/ndp/del/article/1098329

MURDER FINDING AT INQUEST
Confession Alleged
A finding of murder was recorded yesterday by Mr Tingate, city coroner, against Kevin Albert Joiner, 17½ years, labourer, of McCormac place, Melbourne, after an inquest into the death of Thomas Charles Clarke, 25, soldier. Joiner was committed for trial.

Clarke was found dead in the scrub after a robbery at Maryport guest house, Mt Martha, on April 17, when £250 worth of property belonging to the proprietor, Mr James Eric Dowdle, was stolen.

Det Walter Byrne said that on the night of April 21 he saw Joiner at Russell st. When questioned Joiner admitted having broken into Maryport and having stolen property.

In a signed statement alleged to have been made to the police, which witness read, Joiner said: "The game is up. I shot Tommy Clarke. I shot him because he looked nervous when we were ransacking, the rooms at Maryport. I then decided to shoot Clarke, as I was afraid he would squeal to the police.

"I asked Clarke to come for a walk when we got outside the building. I did that so as I could get him away from the boy. As we walked towards the scrub Clarke was a little ahead of me. I fired a shot into his back. He half turned and ran into some scrub. As he ran he screamed out, 'Don't do it, Jack.' "I then fired another shot at him. He fell into the bushes. I walked over to him. I put the gun to his neck and fired again. His sleeve was burning from the effects of the shot, so I put out the flames and then walked away. Shortly afterwards I returned to the body, and felt it. It was still, so I knew that Clarke was dead."

YOUTH'S STORY
John Thomas Harris, 15, of Rodney place, Carlton, now an inmate of Royal Park Boys' Home, said he knew Clarke a week before his death.

He met Joiner at Royal Park about three years ago. On April 16 he was in the city when he met both Clarke and Joiner, who said, "I have a big job to do at Mt Martha."

Witness did not want to go at first, but later changed his mind. After travelling to Frankston they boarded a bus for Mt Martha. They entered Maryport through the kitchen. They entered several rooms, taking clothing and valuables from each. Just before leaving the house Joiner chalked the Cross of Lorraine on the door and floor.

After leaving the house Joiner and Clarke were a few yards ahead of witness when he heard a shot fired. It was fired by Joiner, as he had the gun all the time.

Later Joiner said to witness: "You needn't worry, I am not going to shoot you, Titch

The Melbourne Argus August 1945 - page 4
CHARGED WITH MURDER AT MT MARTHA
Youth on Trial

An admission that he had shot Thomas Clarke because he had looked a bit nervous was the allegation made by the Crown in the Criminal Court yesterday, when Kevin Albert Joiner, 19, of McCormac place, Melbourne, appeared before Mr Justice Lowe and a jury on a charge of having murdered Thomas Charles Clarke, 25, soldier, at Mount Martha on April 17,

In opening the case for the Crown, Mr R. M. Nolan, said that on April 17, accused, with Clarke and a lad named Harris, had broken into the Maryport guest house, Mount Martha. After having placed the spoils of the robbery in four suitcases they divided the contents outside. Harris was left with the suitcases, and Clarke and Joiner went down towards the Esplanade. Joiner said to Clarke "Go and see what time the bus will be passing for Frankston." As Clarke went Joiner fired into his left side, and again fired to the right. After Clarke slumped into the scrub accused went over to him and fired into the back of his head from a distance of about three feet. It was alleged on behalf of the Crown that Joiner had admitted that while they were in the guest house he had noticed that Clarke looked a bit nervous, and he decided to shoot him.

The hearing is unfinished.

Mr R. M. Nolan prosecuted for the Crown. Mr J. P. Bourke (instructed by Messrs O'Donohue and Green) appeared for accused.

The Argus (Melbourne, Vic. : 1848 - 1957) Wednesday 15 August 1945 page 8
http://trove.nla.gov.au/ndp/del/article/981122
MT MARTHA MURDER
Death Sentence
After retirement of about an hour, jury in the Criminal Court yesterday returned a verdict of guilty against Kevin Albert Joiner, 19, labourer of McCormac place, Melbourne, on a charge of having murdered Thomas Charles Clarke, 25, soldier, at Mt Martha on April 17. Mr Justice Lowe pronounced sentence of death on Joiner.

Detective Walter Byrne in his evidence stated that Joiner had not shown the slightest sign of remorse when questioned by the police concerning the tragedy. Witness stated that Joiner admitted having shot Clarke so that he would not "squeal to the coppers." Joiner had said that he did not like the look of "Tommy" after they had robbed Maryport guest house at Mt Martha on the night of April 17. Witness said that when he had warned Joiner before asking him to make a statement Joiner replied that he wanted to get it off his mind.

In opening the case for the defence Mr Bourke submitted to the jury that the shooting of Clarke had been accidental or that it was done while the youth was temporarily insane.

Mrs Violet Evelyn Joiner, of Windsor, mother of accused, gave evidence of violent ill-treatment by her husband before the birth of the boy .She then separated from her husband. When the child had been born he was very backward, and was not able to speak until he was five years. He suffered an impediment to his speech until he was 13. Following frequent periods of truancy the boy had been claimed by the Children's Welfare Department as a neglected child. In a short statement from the dock accused in a halting and subdued voice told the jury that he had never had a chance in life. For the last few years he had fits of dizziness and bad headaches. He had not intended to kill Clarke. He had remembered the police asking him a lot of questions and he agreed to anything they said.

Mr. R. M. Nolan Prosecuted. Messrs J. P. Bourke and V H. Belson (instructed by Messrs O'Donohue and Green) appeared for accused

The Argus Tuesday 4 September 1945 page 5
MURDER APPEAL DISMISSED

An appeal by Kevin Albert Joiner,19, labourer, of McCormac pl, Melbourne, who had been found guilty and sentenced to death for the murder of Thomas Clarke, 25, soldier, was dismissed unanimously by the Court of Criminal Appeal yesterday. On the Bench were Mr Justice Macfarlan, Mr Justice Lowe, and Mr Justice Martin.

Note: Kevin Albert Joiner died at Coburg in 1952 at the age of 25 - 22 August 2015

Morning Bulletin, Rockhampton 25 September 1945 page 1
Eighteen-Year-Old Murderer To Serve Life Sentence
MELBOURNE, September 24. - Eighteen-year-old Kevin Albert Joiner, of South Melbourne, who was sentenced to death for the murder of Thomas Clark, 25, soldier, on April 17, will not be released from prison. The Cabinet decided today that Joiner should ,be imprisoned for life without the benefit of remissions.
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Thomas married Leila Myrtle WILSON [3244] [MRIN: 967], daughter of Frederick Abel WILSON [1266] and Sylvia Pearl Victoria ROBINS [1265], on 24 Apr 1943 in Footscray, Vic, Australia ³²²⁶.^,3227 (Leila Myrtle WILSON [3244] was born on 2 Mar 1921 in Trafalgar, Vic, Australia, died on 18 Dec 1991 in Footscray, Vic, Australia and was buried in Dec 1991 in Trafalgar, Vic, Australia.)