TRIAL OF SOLDIER

Dominion, Volume 37, Issue 190, 10 May 1944, Page 6

TRIAL OF SOLDIER

Further Evidence On Murder Charge DEATH OF AMERICAN

(By Telegraph.—J’reiis Assbclalion.) AUCKLAND, May fl.

Further evidence for the Crown in iae trial of Thomas Rex Beagle, aged IJ. New Zealand soldier, on a charge o’ murder was heard before Mr. Justice Fair and a jury today. Accused is alleged to have shot au American service man with a rifle at Papakura military camp on March 3. Messrs. "V • R. dith and Williams appeared tor the Crown, and accused was represented Dy Messrs. A. L. Tompkins, of Hamilton, and G. H. Wallace. The hearing began on Monday, and 17 witnesses had given evidence up to tonight. . The cross-examination of Robert John Vallely. corporal in charge of the petrol dump guard at the camp, was continued by Mr. Tompkins. He 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 that practice. Accused was holding his rifle in both hands when ne called out to witness “I’m going to shoot this Yank.” The magazine was then in, but accused had it out and in his hand when he asked witness “Where is the ammunition?” Witness could see the magazine was empty. A New Zealand serviceman, JamesEdwards, said he was a member of the same guard as accused. About 7 p.m. bn March 3 he came back to the guardroom and found the American there. Beagle came in and introduced the American, and then took his rifle .and equipment. He went out, the American following him. Witness heard Beagle .ask the corporal where the ammunition was, but could not hear the reply. “About a quarter of an hour after Beagle and the American left I heard a shot,” said witness. “It came from the vicinity of the beat. I went to the corner and Beagle came toward me. He said, ‘The Yank’s been shot.’ Beagle went into the guardroom, and on my saying I didn’t believe him, he.said I’d better go out on the beat with him and have a look. I followed him and within a few yards of the sentry-box I saw a man’s body lying there.” On the way down Beagle told witness that the American had 'repeated an improper suggestion at the sentry-box. Cross-examined by Mr. Wallace, ho said Beagle got on quite well with the guard, but not too well with Corporal Vallely. He had heard Vallely say he did not like Beagle. Lieutenant Michael James Hewitt, medical officer at Papakura Camp, said he was called to the sentry-box and saw the dead body ,of an American serviceman. He found a wound inzthe chest and another, in 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 called to the scene. When one of his men, after looking at the body of the American, said he was uncertain whether he was dead, accused remarked, “Let me out and I’ll finish him off.” Accused did not appear to be affected by liquor, To Mr. Tompkins witness said 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 soldier,' and when he did not respond the man had cut him with a pocket knife. A private in the provost unit, Lionel Williams, said accused told him he had resented the American’s repetition of the suggestion at the sentry-box. Psychiatrist’s Evidence.

Major Harold Hercus, of the New Zealand Medical Corps, said he was stationed at the camp and was called to the scene and later saw accused at about 8.45 p.m. He was in emotional distress but witness did not think he was drunk. Cross-examined by Mr. Tompkins, he said he had studied psychiatry. He. had read the Lower Court evidence and was of the opinion that any child having a terrifying sexual experience like that mentioned by Beagle to witnesses would never forget it. That might affect thought and conduct for the rest of one’s life. Counsel: Would you say the violent reaction in' the afternoon of wanting to fight the American was consistent with this condition of mind? Witness: Yes. From what witnesses 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. 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 acting in a case like that by 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 his background, to lose control of'himself? Witness: He would. Counsel: Would you describe his action as one of shooting blindly.? Witness: Perhaps blindly is as good a word as any to describe it. He would act without his full critical faculties brought to bear on the immediate action. Witness said he thought accused’s action in wanting to go back to the American when it was suggested he might not be dead, was consistent with the reactions he (witness) had described. 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 specialized in psychiatry, but had studied human behaviour. Whether a normal man would want to assault anyone making an improper suggestion was a question of individual cases. “Most fellows whom I have asked said they don’t know whether they would strike a man or not when he made similar suggestions,” said witness. While fear might dominate a man’s feelings it did not always follow that that man would want to run away from the. thing he feared. There were other factors to be considered when seeking to determine whether a man would' keep company and go for a meal with a man who had made improper suggestions. The case was adjourned.