CHARGE OF MURDER

Press, Volume XCVI, Issue 28362, 22 August 1957, Page 14

CHARGE OF MURDER

Sailor Handed To U.S. Navy

(New Zealand Preu Auociatum, AUCKLAND, August 21. A stay of proceedings against Tilmon Lewis, aged 22, a petty officer, was entered today by Mr H. Jenner Wily, S.M., when Lewis appeared for the second time on a charge of murdering a fellow United States seaman, David Isaac Black, aged 20, in the Polyneseian Dance Hall on Monday night. The Magistrate formally discharged Lewis, and he was handed over to the United States naval authorities.

Dr. A. M. Finlay, appearing for Lewis, said he had been instructed only this morning, and knew very little of what had occurred. He had not had- an opportunity to see Lewis personally and although appearing for him could not take an active part because of insufficient instructions. International law was involved ,in the case, he understood, and although he was not consenting to any proposals which the prosecution put forward, neither was he opposing them.

Mr G. S. R. Meredith told the Court that he had been Instructed by the Attorney-General (Mr J. R. Marshall) and had been delegated power by him to ask for a stay of proceedings against Lewis.

"ITie accused is a member of the crew of the U.S.S. destroyer, John W. Thomasen, which is at present in the port of Auckland on a short visit with the U.S.S. Destroyer Division 71,” said Mr Meredith, “and this division is due to leave New Zealand on Thursday. “The facts are that a dispute occurred among some sailors from the division at a dance hall in Auckland on Monday night, about singing into the microphone, and the accused is alleged to have stabbed another American sailor. The Auckland police immediately made full inquiries and arrested the accused who was voluntarily surrendered from bls ship during the night. The accused was charged with murder on Tuesday morning and remanded by this Court until August 27. The United States naval authorities have also investigated the matter with a view to charging Lewis with murder.

U.S. Request "I am instructed by the Attor-ney-General to say that the Government has received a request from the United States Ambassador, acting on behalf of his Government, that New Zealand should waive jurisdiction in the matter, and that the accused be handed over to the American naval authorities to be tried for the alleged crime. "My instructions are that the Government has taken into account that the accused was voluntarily surrendered by the American naval authorities to the Auckland police, and that the only two persons involved are both subject to American military justice.

"No New Zealand citizen is In the slightest degree involved, except as a witness. The Government is satisfied. in the circumstances, that the public interest does, not require that the accused be tried in New Zealand.” The Government was satisfied that the major part of the evidence to be tendered would in any event be that of American sailors, and that the accused would be charged and dealt with according to law. Asked by the Magistrate if he had anything to say. Dr, Finlay replied that if the prosecution elected not to proceed, then obviously the accused could not object to their failure to proceed.