SOLDIER CHARGED WITH MURDER

Southland Times, Issue 25358, 9 May 1944, Page 4

SOLDIER CHARGED WITH MURDER

AMERICAN CORPORAL’S

DEATH

(P.A.) AUCKLAND, May 8. Charged with murdering an American serviceman by shooting him with a rifle at Papakura camp on March 3, a New Zealand soldier, Thomas Rex Beagle, aged 19, stood his trial today before Mr Justice Fair. The trial was the sequel to the finding of a United States corporal, aged 25, who had been stationed at an American camp at Opaheke, dead in front of a sentry box at Papakura camp after the accused had been on sentry duty there. Mr V. R. Meredith, Crown Prosecutor, and Mr Williams conducted the Crown case and Mr A. L. Tompkins, of Hamilton, and Mr G. H. Wallace appeared In opening the case Mr Meredith recounted the law respecting the second count of manslaughter against the accused, pointing out that the charge could be reduced to manslaughter only if the person indicted had been given such grave provocation as to cause him to lose his self-control. CASE FOR PROSECUTION Counsel then outlined the evidence on the lines given in the Lower Court. He stated that Beagle was one of a guard on a petrol dump at Papakura camp and had been on leave from February 28 and was due on duty at the camp at 4 p.m. on March 3. He did not turn up at that time. It would be shown that Beagle and the American who was subsequently found dead had been drinking together in Papakura hotels. Testimony would be given that Beagle wanted to fight the other man and slapped his face following a suggestion by the American of homo-sexual relations between them. It would be shown that the American apologized and persisted in trying to make friends. They had been arguing for about two hours before being reconciled. Shortly after 7 p.m. Beagle and the American arrived at the camp and Beagle went to get his equipment to go on guard, said Mr Meredith. The American accompanied him to the sentry box. Soon afterwards a shot was heard and Beagle came back and said: “The Yank’s been shot.” The American was found dead at a sentry box with a bullet wound in the chest and a discharged cartridge was taken from Beagle’s rifle. He was put under arrest. It would be stated in evidence that the American again made an improper suggestion to Beagle when he was on duty and persisted in it, so he shot him. When under arrest Beagle had told a mate that a mark on his wrist was caused when he was a boy and had to fight a man who had made the same suggestion to him. Mr Meredith concluded that before Beagle and the American went to the sentry box the accused had made the startling statement that he was going to “shoot the Yank.”

AMERICANS’ EVIDENCE Two American soldiers gave evidence of seeing the accused and the deceased drinking in a hotel. George Stanley Tyson, a cook, said he knew the accused previously and saw him in the Globe Hotel at 4 p.m. He heard the American make an improper suggestion to the accused, who resented it and asked the American to go outside, apparently for a fight. The witness said he heard the American frankly admit having made the suggestion to the accused.

Robert John Vallely said he had been corporal in charge of the dump guard on March 3, the accused being one _of eight men. Each man was issued with five rounds of live ammunition. Some time previously Beagle’s ammunition was taken from him because he had fired a shot which he claimed was accidental. Beagle was on leave until 4 p.m. on March 3, but when he did not turn up another man carried on. The witness relieved him and about 6.40 p.m. saw Beagle and an American approaching the dump. The witness followed Beagle into the guard hut and he introduced the American. They seemed quite friendly and quite sober. The witness returned to the N.C.O.’s hut and on leaving it a little later saw Beagle standing in the roadway.

ACCUSED’S ALLEGED REMARK “He was alone and as I passed he said: ‘I am going to shoot this Yank,’ but I took no notice as I thought he was joking,” said the witness. “As I walked on Beagle called, ‘Say, Joe*, where’s the ammo?’ (meaning the ammunition). I replied that he would find it somewhere. Beagle was holding his rifle with the magazine open and I cotild see there was no ammunition in it.”

The witness proceeded to the canteen and was recalled about 25 minutes later. On going to the guardhouse he saw Beagle approaching with his’rifle. Beagle said: “I’ve done it” and then surrendered his rifle. Opening the bolt the witness saw an empty cartridge fall out. Proceeding to the sentry box he saw the body of an American soldier huddled face downward on the ground. He recognized it as the man whom Beagle had brought to the camp. The witness had taken ammunition from Beagle on one occasion as he considered him unfit to have it. The hearing was adjourned.