SOLDIER ON TRIAL

Dominion, Volume 37, Issue 189, 9 May 1944, Page 6

SOLDIER ON TRIAL

Sequel To Shooting Of American CASE FOR THE CROWN (Bv Telegraph.—Press Association.) AUCKLAND, May 8. Charged that at Papakura Camp on ' -March., 3he murdered, an American ser- - viceman by shooting him with a rane, a New Zealand soldier, Thomas Rex Beagle, aged 19, stood trial today before Mr. Justice Fair, in the Supreme Court. The trial was a sequel to a United States corporal, aged 20, who had been stationed at an American camp at Opaheke. being found dead in .front of a sentry pox Papakura Camp after accused had been on sentry duty there. Mr V R. Meredith, Crown prosecutor, and Mr.’Williams conducted the case for the Crowp, and Mr. A. L. Tompkins of Hamilton, and Mr. G. H. Wallace appeared for accused. ' Mr. Meredith recounted the law respecting a second count of manslaughter against accused, pointing out that a murder charge could be reduced to panslaughter only if the person indicted had been given such grave provocation as to cause him to lose self-control. . Counsel then outlined the evidence on . the lines given in the lower court, stating that Beagle was one of the guard on a petrol dump at Papakura Camp. He had been on leave from February 28, and was due on duty at the camp at -1 p.m..on March 3. He did not turn up at that time. It would be shown that Beagle and the American who was suosequently 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 an improper suggestion by the American. It would . be shown that the American apologized nnd 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. The American accompanied him to tue sentry box. Soon afterward a shot was heard and Beagle came back and said, “The Yank’s been shot.” The American was found dead at tne sentry box with a bullet wound m the chest, and a discharged cartridge was taken from Beagle’s rifle, said Mr. Meredith. Beagle was put under arrest. It would be shown in evidence that the American again made an improper suggestion to Beagle when he was on dnty. and persisted in it. so he shot him. When .under arrest, Beargle told a mate that a onark on his wrist was caused when he - was a boy and had to fight a man who anade the same suggestion to himMr. Meredith concluded that before I ‘Beagle and the American went to the ' sentry box accused had made the start- ‘ li”* statement that he was going to shoot the Yank.” ; Evidence for Crown. ■ Two American soldiers gave evidence I of seeing accused and deceased drinking i iu a hotel. „ , .’ George Stanley Tyson, a cook, said he i knew accused previously #nd saw him in i the Globe Hotel at 4 p.m. He heard an American make an improper suggestion to accused, who resented it and asked the American to go outside,, apparently for a fight. Witness said he heard the American frankly admit having made the suggestion ,to accused. . . Robert John Vallely said he had been ; the corporal in charge of the dump guard on-March 3, accused being one of eig.<i men. Each man was issued with five rounds of live ammunition. Some time previously Beagle’s ammunition was taken from him because of his having fired a shot which he claimed was accidental. Beagle was on leave till 4 p.m. on March 3, but when he did not turn up another man carried on. Witness res' lieved him, and about 6.40 p.m. he saiv Beagle and an American approaching the dump. Witness followed Beagle into the guard hut, and he introduced the American. They seemed quite friendly and quite sober. Witnes returned to the n.c.o.’s hut,, and on leaving it a little later saw Beagle standing in the roadway. j , “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 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 could see there was no ammunition in it,” 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, *Tye done it,” and then surrendered his rifle. Opening the bolt, witness saw an empty cartridge fall out. Proceeding to the sentry-box, he saw the body of the ■ American soldier huddled face downward on the ground. He recognized it as ' the man whom Beagle had brought to the camp. Witness had taken ammunition from Beagle on one occasion as he considered him unfit to have it. The hearing was adjourned.