SHOT AT SENTRY BOX

Evening Star, Issue 25171, 10 May 1944, Page 6

SHOT AT SENTRY BOX

MURDER CHARGE AGAINST YOUNG SOLDIER

AMERICAN SERVICEMAN'S DEATH (P .v ) AUCKLAND, May 9. Further evidence for the Crown in the trial of Thomas Rcx\ Beagle, aged 13, a New Zealand soldier, on a charge of murder, was heard before Mr Justice Fair and a iury to-day. The accused is alleged to have shot 'an American serviceman with a rifle at the Papakura military camp on March 3. Mr V. R. Meredith and Mr Williams appeared for the Crown, and the accused was represented by Mr A. H. lonipkins, of Hamilton, and Mr G. H. Wallace.. The hearing was commenced yesterday, and 17 witnesses had given evidence up to the adjournment to-night. The cross-examination of Robert John Vallely, corporal in charge of the petrol dump guard at the. camp, was continued h.y Mr Tompkins. Witness said it was against the camp rules to bring American servicemen into the camp. It was also against orders for anyone to go on sentry duty with the guard, but it had been done, and he and the sergeant had " winked " at the practice. Lieutenant Michael James Hewitt, medical officer at the Papakura camp, said ho was called to the sentry box. He found a wound in the American serviceman's chest and another m the back. From such a wound death would occur in a few seconds.

Sergeant Howard Dickie said he was a member of the Provost Corps which was called to the scene. When one of his men after looking at the body of tho American said he was uncertain whether lie was dead, the accused remarked, " Let me out and I'll finish him off." Tho accused did not appear to be affected by liquor. To Mr Tompkins, witness said the accused had shown him a scar on his wrist He told witness that when he was a small boy some fellow had approached him in the same way as the American soldiel, and when he did not respond the man had cut him with a pocket knife. Lionel Williams, private in a provost unit* said the accused told him he hart resented the American's repetition of x suggestion at the sentry box. Major Harold Hercus. of the New Zen land Medical Corps, said he was stationed at the camp, and was called to the Later he saw the accused about 8.45 p.m. he was in emotional distress, but witness did not think he was drunk.

Cross-examined by Mr Tompkins, witness said he had studied psychiatry. He had read the Lower Court evidence, and was of the opinion that any child who had' had a terrifying sexual experience like that mentioned by Beagle to the witnesses would never forget it, and it might affect his thought and conduct for the rest of his life.

Counsel: Would you 'Say that the violent reaction in the afternoon of wanting to fight the American was consistent with this condition of mind ? Witness: Yes. From what witnesses had said Beagle tried to strike the American when the suggestion was made at, a public house. When he was at the sentry box he had a rifle in his hands, and it seems to me perfectly possible that he could not get. away from this nightmare of homosexuality, and used his rifle to do it. Counsel: Would you say he was trying to escape his terror or fear by this action ? Witness: Yes, fear being the dominant element in this motivation.

Counsel: Would he be likely in view of his history and background to lose control of himself? Witness: He would. Counsel: Would you describe his action as one of shooting blindlv? Witness: Perhaps blindly is as good a word as any to describe' it. He would act without his full critical faculties being brought to bear on the immediate action. Witness said he thought the accused's action in wanting to go back to the American when it was suggested that he might not be dead was consistent with the reactions that he (witness) had described. The accused's mind might be\ stirred up again on that being mentioned. He believed a man could act under intense emotion and still appear outwardly calm, but emotional reaction could last for a long time. Re-examined by Mr Meredith, witness said he had not specialised in psychiatry, but had studied human behaviour; Whether a normal man would want to assault i anyone making an improper suggestion was a question of individual cases. " Most fellows whom I have asked said they .did not know whether they would strike a man or not when he made similar suggestions," added witness. While fear might dominate a man's feelings, it did not always follow that a man would want to run away from a thing he feared. There were other factors to be considered when seeking to determine whether a man would stay in company and, go for a meal with a man who had made improper suggestions. The Rearing was adjourned.