DEATH OF MICHAEL QUIRKE.

Dominion, Volume 3, Issue 791, 14 April 1910, Page 6

DEATH OF MICHAEL QUIRKE.

THE INQUEST. HOW THE .ACCIDENT HAPPENED. VEEDICT OF DEATH BY MESADVEiNTOBE. : IBj Telesroph.-SDeelal Oorreapondent.) Palmerston North, April 13. An inquiry lfa s held this morning at the Courthouse, Palmerston, before Mr. A. D. Thomson, District Coroner, touching the death of Michael Patrick Quirke. who was accidentally shot on Monday evening by Mr. W. H. Overton, in mistake for Powelka. Inspector Wilson conducted the inquiry. The Coroaor said he o'id not" thmk it necessary to have a mry. He had intimated to the family of deceased that he would call a jury if they desired, but they had said they were tatisGed the death was due to misadventure. Mr. Overton could be repiesented by counsel if he so desired, and it would be open to Dr. Putnam to put. any question. Mr. Overton said ho did not desiro to be represented by counsel. John Charles Tregurtha, storekeeper at Terrace End, deposed that he, lived at No. 11 East Street. He remembered Monday, April 11, being at home that evening. He went out about half-past seven on a bicycle with a lamp alight. Outside his own gate ho met Messrs. Jones and Torstonsen, to whom he sbod talking. Bis house was about a chain and a half from the corner of ' East and Church Streets. He saw a number of people at the corner of these streets, and also one or two motor-cars. "Powelka! Powelka!" He heard someone cry out: "Powelka! Coming down East Street in the opposite direction he saw a man in the middle of the road. Witness turned the bicycle lamp on him, the man being 30 or '10 yards away. He had a revolver in his right hand. Tho man continued to advance along the streot, but he did not appear to be paying attention to witness. Ho saw two figures coming down East Streot from tho direction of Church Street, pretty closo to the fence on the opposite side uf tli9 road .from witness, but could not see who they were. One df them said: "Well, mister, who are you ?" There was no reply. The same voice thou said: "Stop, or I will fire!" The man did not stop, but stooped. Thoy were.not more than twenty yards apart, possibly less. The person who first chalJsnetL th»a ohallmiaed apiin. tH. man.

stooped low down, and kept cm approaching, with the revolver in front cf him. Ihe second challenge was fro.n the same Trace, and in the same words: "Ston, or t,t ,'" ' < ' omeon e near witness said: Look out, he has got a revolver!" He did not hear any remark to "get out oi the lino of fire. 1 ' He was giving all,his attention to the men whc were approaching each other, bnt did not then know that the challenger was armed. There was ample time after the last challenge for the man to rejly before the shot was fired . The Shot/ Fired. The man in advance fired the shot, but witness-could not tell who he was. The result of the shot was that the man fell on his face. When the shot was fired the man was about fifteen vards away from the person who fired the" shot. The man never uttered a word from the time witness first saw him till the shot was fired. Witness was about twenty or thirty yards away from the challenger, who was on the edge of the grass on the opposite side'of the road. Deceased must have heard the challenge. Witness's, wife was standing behind him, and as she became rather hysterical he turned his attention to her. Deceased held the revolver in front of him in such a position that he could instantly use it • In answer to Dr. Putnam, witness said deceased was stooping low when he was shot. ■• The Doctor's Evidence. Dr. Philip T. Putnam gave evidence that he was called to Terrace End a little after seven' o'clock on Monday night. On examination he .found that the upper and back /portion of deceased's skull was shattered. Witness satisfied himself that the man was in a hopeless condition. , The shot must have been fired from above or behind. Witness saw from the holes in ™e hat (produced) it was. obvious that tho bullet had entered from the front," but high up, and travelled down the back of the head, in such a direction as coming from a man who I was standing up at a man stooping. He knew Mr. Overton, who was over six feet high, and from tho evidence of the previous witness he was satisfied that the shot was received as stated. The bullet had apparently expanded, judging from the appearance of the wound. There was no other wound on deceased., Without, seeing the hat witness, would have thought the wound was caused by a charge of shot-that was ms first conclusion. ■Mr. Tregurtha, recalled, said he only heard one shot fired at this' particular tame. He heard other shots about an hour afterwards. "Stop, or I Fire!" Albert Oliver Torstonsen, photographer, residing at No .9 East Street, Jind,. deposed he was standing inside his gate. He had been talking to Mr Tregurtha, and saw the crowd it.tho corner of Church Street. He knew Sergeant, Bowden by .sight.. -He saw the sergeant and Mr Overton walking along the "other side ot the road on the western side, opposite to witness. He saw a man come up tho street, just as he • heard a challenge about 30 yards from witness on the western side of the road. He did not see. Mr. Tregurtha's lamp turn on the man, but there was a good light, and he could see everything quite plainly. He heard Sergeant Bowden challenge the man, but could not give the exact words. As far as he could remember, it was, Stop. Police. Who are you?" The man did not reply to the challenge, °?t continued, to-approach to.witness's side, of the road. When witness'first saw the man he was just on the grass off the metal on the opposite side of the road. He saw a bright revolver in the man's hand. He did not hear any cry up the street, but heard Sergeant Bowden challenge a second time just before the shot was fired. It was, "Stop,, or I fire!" The .man did not make any reply. Just, then witness called out, "Look out; he has'got a revolver!" The man then'crouched down, with the revolver as though ahbut to fire. As soon as witness saw there.was likely to be an. exchange .of .shots he jumped into the'verandah of his house, about six yards away, and;.he then heard tho shot.fired. The man had ample time to reply to the challenge. Witness stopped on the verandah till the man was turned over by , the _ sergeant, r who exclaimed, "My- God! It ie Mickey Quirke!" When witness called out the man did not appear; to. .be about to fire, bnt immediately afterwards he altered his position and looked about to fire. It was. all done very quickly. Witness was satisfied the man was approaching the others in- a hostile manner. He bad no idea who the man was, but it flashed through.witness's mind that it might, be Powelka. He knew Pdwelka well, as he lived two doors away from him for about fonr months, 'and had photographed him. He could not see the man's face well enough, to recogniso him. He did not'know deceased. •" .Constable Tanner, of Pahiatna, deposed that he knew deceased. very well. Hewas a tobacconist at Pahiatua. He volunteered to • come over to assist in the capture of Powelka. He had been assisting to search for 1 Powelka in-the Pahiatua district previous to coming to Palmerston. Witness last saw deceased about four o'clock on Monday afternoon. Witness was the first man who touched deceased after he was shot. He was lying face downwards with .his arms extended forward and a revolver in his right hand. He,was wearing. a hard hat, similar to the one produced. Witness was in Church Street when the shot was fired, but did not 6ee 'the occurrence. Sergeant Bowden's Statement. Sergeant Charles Bowden, stationed at i?eilding, said on Monday evening he had instructions to go to Terrace End to call at the Princess ■ Family Hotel to 'see Mr. Overton, who would give them instructions. 'He saw Mr. Overton standing in front of the hotel with the gun (produced) in his hand. There were a large number of people about. Ho asked where Powelka was, and the reply was "Come on, I will show you." The party in the motor-car then proceeded down East Street- Someone asked him to place the police around the block. Mr. Richards, of Stony Creek, then came up, and said he had been stuck up. by a man who had a revolver. Witness came hack to the corner of East and-Church Streets, and a man made a complaint that Powelka had "held up" his wife only a minute before in Church Street not far away. This matter' was investigated by witness and Detective Siddells, but . they found nothing. He came back to East Street, where there was » liirge number ot people, who were talking of shooting. Witness was . in plain clothes. He asked if, any of' the men were armed, and asked those who were to come to him, but there was no response. Mr. Overton came to him and said: "This is serious, and people need to be careful. Let us walk down the street." At that time they.were standing at the junction of Church and East Streets. They walked a short distance down East Street. A cry was raised by the people at the junction of the streets, "Powelka! .Powelka!" He said to Overton "Look out!" and got down on his Knees and looked along East Street. He s;iw a man coming on an angle up the street He called out: "Stand, police, who are you?" The man "ducked," but made no reply. . ■ - "Look Out! He Has a Revolver." Someone opposite called out, "Look oat, he has a revolver." Although witness had lost sight of the man, he called out again, "Who are you? Stand!" He heard the voice a second time, "Look out, he has a revolver." Mr. Overton said, "Stand back from the line of fire!" and he heard. a shot. Witness did not see the man when he was shot, and thought Overton had missed him, and the man had got away. He called out to the car driver, and by the light of the car saw the man lying on the road. Witness and Constable Tanner got to the man simultaneously, and witness at once recognised him as Michael Quirke, and exclaimed, "It's Micky Quirko, Tom's brother!" The revolver carried by deceased belonged to witness. They all got out of the car at the corner of East and Ferguson Streets, and went to the Princess Hotel in consequence of a report, that shots had been fired there. He knew of Sergeant Maguire being wounded and that Powelka was suspected of being the cause of it, and realised that Powelka was a dangerous man who might shoot. Witness, explained his reason for giving Quirke his revolver.. He asked, who fired the shot, and Mr. Overton replied, "I did." When witness put the question he did not know the man had been 6hot. Mr. Overton also made tho same reply afterwards when the question was put to him 1 by Constable Tanner. Witness was sure only one shot was fired. Witness had a <*un, bat did not shoot. '

Mr. Overton's Statement. Waiter Henry Overton, hotelkeeper said lie was quite willing to answer an' questions. Tiie coroner said he couli make his own statement. Mr. Overton then said about 7 p.m. i man came into the hotel in an excite< state, and said that Jowelka was at hi t\. 011s !' that if he did not opei the door he would smash it -down. Wit ness asked where the place was, and tin man said "Straight down East Street.' Witness rang up the police, who cam. i?L, a - ?V 0 ! or n C -f- He asked them to drivi straight to Fibi-oy Street to Mr. Shields'; place. A lady standing at the gate said He has just run'straight down Fer guson The car went on, am pulled up at the corner of East am Uiurch btreets. Sergeant Bowden in structed some of the police to go dowi Kuahme Street, a continuation of Eas btreet. In company with some other; witness came along .East Street. Thej had not gone far whim a man in a trai in a very excited state said "Powelka ha: just stuck me up and jumped into mi trap. He searched my cart and thei jumped down again. He can't be veri j. ran alow East ■ Street to the corner of Churcl btreet. Another car arrived, and then was a big crowd there A little wliih after Sergeant Bowden and witness lef the crowd- and walked along the right , h £ nd ? d ? of East Street on tlle grass Iney. had not gone very far when some one cried out 'Towolka! Powelka!" Wit ness was then -walking on the right-ham side of the sergeant, slightly in front lhe sergeant cried out, "Stand. Police!' And called out again. - Witness saw i man coming towards them. He was go people on the oposite side of the street ™ sergeant again called out, "Stand o: 111 shoot." The' man then ' crouche< down, but witness could not see whethe he got right down. There were somi people on the opposite side of the street ana someone suddenly cried out, "Lbol out, he has got a revolver!" Witnes; moved round to the other side of th< sergeant, but. before doing eo .he callec to the people to get out of the road lhe sergeant was in a kneeling positioi as if he was aiming. The man was dowi in a crouched attitude. The peoph cried out, "Look out, he is going tc shoot!" and witness thought he was aim ing at him, and considered it was iusl a question of who fired first. Witnes; then fired, but could not see'whether th< man was shot. Sergeant Bowden callec out to the people to. keep back. Someom asked who fired the shot, and witness re plied "I did." He was horrified when il was found that a wrong man had beer shot. This was tho statement, and the Coroner said he would add that it had been made, without any question beins asked, The Coroner said he would think the matter over and give his verdict at J p.m. , '•.'-. The Verdict.' The Coroner gave the following verdict:— ' • That the said Michael Quirke died by misadventure, that is to say, from a wound caused by a gunshot fired by William Henry Overton, in selfdefence, each at the time believing - the other to be one John Joseph Powelka, an escaped prisoner, wbo was known to be armed, and who was suspected of having already used firearms to resist attempted re-arrest, and the deceased at the time the said William. Henry Overton fired at him having the said William Henry Overton covered by his revolver, and apparently about to shoot. SERGEANT MAGUIRE. : PASSED A BAD NIGHT. (By Telenrauh.—Special CorresoondoaU Palmerston North, April 13. The vlatest'information-as to the con dition of Sergeant Maguire is that' he passed a bad night, and his friends ar< having a very anxious time. '■'■ "Later. A telephone message at midnight conveyed the cheering news that Scrgeanl Maguire, whoso condition was so 'feeble during the. day,: had decidedly improved, DivvMartin,-: the hospital surgeon, who has closely watched every phase of the .patients ..crisis.ijascribes'the improvement to the ducky condition of the man..