THE CAPTURE OF POWELKA.

Dominion, Volume 3, Issue 794, 18 April 1910, Page 8

THE CAPTURE OF POWELKA.

ENV3 OF THE CHASE—PLUCKY *V. - POLICE., j ■ A CONSTABLE'S PRESENCE OF ■ ■ MIND; . ; (Sj Telegraph—Press Association.) - Palmereton North, April 17. The long chase,after. John Joseph IjO-, •Pelka 'ended thisKmprning (Sunday) in '• his. capture at the scene of his visit of a week .ago, without bloodshed. Constable Gallagher, of' Wellington, and • Probationer*. Callery were . watching the liouse "of'Efanlon, 1 brother- ■. ■ in-law,' of PowelEa, being; in hiding 'under a macrocarpa hedged,when they V: saw a man go across a' sid4?street at 4 a.m. They called upon him. to stop, but he continued on, and divtdlSpto the, .darkness. •• j■ Callery fired- a solrt over him,;,and the ■ two' gave chase,- and, hearing ,tinge of t a'wire, fence, followed into" a - paddock. It was dark, and theyr'losti track of the fugitive,, but found three' ' bottles that he had evidently, dropped in, the paddock when they went after him. ;'.- t • They procured the . assistance of Con T , i - stables Thompson (of Wanganui), Watts . (of .Ashhurst); and Sylvester , (of .Pal- ■ merston. North), and" resumed' the", search: of. the paddock, and,especially of • cowshed with-a v hay loft. . Saw a Man Lying in the-Hay, Revolver In Hand. ( V . With one of the constables waiting on one side of the shed, and-Constable 'Thompson, on the other," Constable Gallagher climbed up into the, loft. ; Presently he struck a match and. caught a glimpso of the figure of ; a mail- lying! i ir outstretched between the hay and the \ , -wall, ; about three feet below him,.graspi tag a revolver in one hand as it lay < tense by his side, and a bottle of stout in tlie other. ' •.;•'- ,■ : ...; '" The .man • was lying; as close ,as he .could in the hollow against the wall./ • -Be "had evidently heard the searchers .; : sin ; the ■■■. shed';' below, and he v made, iio ■ -anove.- ( . Gallagher, with excellent presence of ■ , mind, called out: "There is nobody . iero"; and ;after, another look , round' .descended the ladder again. He then • ■''got'his. mates, outside as though they •had abandoned : search, and. told : ■ ihem quietly the state' of affairs. - ; , As it'was felt.that to tackle Powelka i ,5n . the. dark in such a ooign of vantage fmight result in,mucb loss of-life, Ahey. • i... ';\{Kmained;.i]i' shelter of the, shed; while one of them went to Ashhurst for b light. They-knew that there-was no pheajii of .escape but the ladder which (they oommanded, and that .' Powelka (»"ould not move while'he knew-they ; jwcro below; and as it had been'a.bitter - : jand wet night there . was .'good ~ reason ; ffor .keeping shelter- without arousing suspicion" ■ . ' ' . , . . -i : .■ : Pounced on Him Simultaneously. ' On the mossenger returning .-.with an .-. lacetyleiie bicycle lamp, Thompson' (who' ,':V -'Waa; carrying the' light), ! and Gallagher went up the loft again, on the side -,j-. iwhere Gallagher, had seen the man, ■ while the others watched the' other side of the shed. -~ ■- , Gallagher and' Thompson saw the man , jstill lying, there, but watching them, irith the revolver pointed towards ; fEhompson. They, pounced on him : simultaneously. ■ ■ Thompson reached.. . him first, arid -'«truck .up'his hands,,so as to prevent ;any chanoe of his using; the revolver lad he been so inclined. ;. , .Powelka was evidently,.taken by sur- , iPriso at Jhe suddenness of the : ; on- ' , . slaught, and though he proved stronger .than, they calculated upon, .and,resisted "the putting on of. the handcuffs, ..the j.'- r. strong men in whose hands he.found himself worp too much for him, and , . ' the struggle was short. . It, was then just before 7 o'clock His captors ( took" him' into Ashhurst : police station, where they searched him. , . ' ■ Well Armed and Well croomed. : 'yln addition to the revolver they had /taken from : his-hand, they found an-, other; in his . pocket; both were prac- . ; .tically new. weapons, . and in excellent ■order. One was loaded in all -six ■chambers, and the other.;in.; five. , On searching. him, about forty-rounds , ef . ammunition - were found. He ( had money on. him - ;.a150,; '.small, - change' aaaiiily, threepenny pieces arid coppers, also postal notes. They found - on him eight. detonators,, four of which were spent. ;V ~ . . . ■ He had also a razor, a comb; and a ', Jcoking glass, and. was most' neat and . clesfa-shaven; his hair was not ■ long, and was parefufly attended to. and . Parted. '"He wore, a sou'-wester hat, a - black mackintosh *over a,-grey threequarter overcoat, a' leather mixture .*; coat, and, the .'now famous green riding ( pants and yellow leggings. '.; ;,T)i-e hay-loft, and f shed:. in which the 'capture was made is on Mr. Scott's -. farm,, and about 50 to 100 yards from Bcott's house. ,

Railway station Broken Into.It subsequently transpired that the railway -station at Asbkurst was entered.', during the .night, and .an atfe-' .-tempt had:been'made to Mow open the ■ safe,; without success. The till , was opened, however, and small change had ! ! been taken. The goods-shed, was also .• broken open, and some stout had evidently been taken. The arresters did not learn of this till a'youth from Ashlurst brought the news over'to them at the cowshed. It had been 'thought-that Powelka- . would make back to Ashhurst at some |V ' time. to:.try .to; see, his wife; and gin {•.' -eight men were kept on . the watch, till Wednesday, when it was practically established that he had left that part of the district. Inspector "Wilso-n then . withdrew all but three men, giving- the .. suggestion that the place was clear. In the meantime Detective Cassells, -with ponstable M'lvor for a mate, and i.;' . a flying gang wliich included" Constables M! Tanner, Dunn, Gallagher, Cummings, Wfi: Sylvester, and Thompson, were scouring the country north, affer the Bunnyy|' thorpe incident, right to Kimbolton v--: and Apiti. They were recalled on SatP]nrday, and the detective and his mate

jyl ifrera sent down to investigate a report

STRUGGLE WITH POLICE IN A HAY-LOFT. SEIZED WITHOUT ANY SHOOTING. TWO LOADED REVOLVERS FOUND UPON HIM FURTHER ATTEMPT TO ESCAPE.

that someone had entered the Meat Company's shop at Longbum, and taken food and other things, including a sou'-wester bat. . Others of the'flying squadron,' including Constables Gallagher and Thompson,, were left at' Ashhujst fori the purposes above stated. .'Powelka, at the Ashhurst station, asked the pplice to shoot him. He said: ' ''This is hell on. earth. ' -Shoot me, and then they can say that I did it." While at the station, Powelka also expressed a desire to see ,his wife. Effort to Escape From Motor-Gar. He was brought in. by from Ashhurst to the . station in Palmcrstosn, arid went into the car quietly, but just after .they got clear of Ashhurst, on a lonely part of the road, he suddenlyput his feet against front seat—he was seated on tha back seat, with a constable linked with liim'on each side, and with , the handcuffs' on—and with an .effort of surprising strength strove to. throw them off,; and, apparently, out of the car. rt. Sergeant Foster, who was also in the rar, isoizedi\him ■ round.-;the! neck and practically garrotted him -■for the rest of the "journey.; He came in with the tivo-constables'" holding on, and the sergeant' with his arm round his neck. ; At. the police station, there was already. &' crowd, but the , car went through them and round the back into ;, powelka, >was then appear?" ing to show, weakness (icand weariness, . which the police thought,, after their experience with hiri), was assumed.' •He;was surprisingly neat and clean . and well groomed, and his. clothing and his; underclothing; were 1 ' excellent and clean and new. It wa-s, however,. soaking wet, so the police removed ; his. ■ clothing in the-cell; arid gave him hot coffee and blankets. He would ' not sleep however, but paced the cell rest- ! lessly, and asked for his wife, speaking affectionately , of her.. ; She, how"ever,'refused to. come. Prisoner Asks for Poison. Dr. O'Brien,. : who visited -him .•■ in ,gaol, ..was asked by Powelka to give . him a dose of poison' to' finish him off. Powelka .is in surprisingly good physical condition, and does not show a mark of any kind.- There was-evidence on/ clothing that he had been'wading rivers!

He . will not appear before the Court here,/but ;.retnrned,6ome time to-morrow- to .-awaits trial.'"ati.the next sittings of the Supreme, Court here on the charge ; of 'burglary, upon .which'he (vas held in custody at Wellington at the time of hislast escapey v . .'Constable Gallagher/ who found and captured .him, was .. .the . watch-house keeper at f :Lambton • Quay Station, lington, when Powelka escaped through a deputy • leaving a door unfastened. ANOTHER ACCOUNT. EVENTS LEADING UP TO THE • CAPTURE. > ; ißy. Teleeraoh.—Special OorresDondeat.) Palmerston North, lApril 17. Another statement by an Ashhurst resident made 'to the special, representative of the "Manawatu J)aily Times" states ■ that- Constable Gallagher . and Probationer Callery were sent to Ashhupt, on Saturday night, . with , instr'uetions' to watch; the- bridges. - Constable .Watts, .'stationed at Ashhurst, suggested to .headquarters that : these constables would be more useful if placed near Mr. P. Hanlon's house; and he was given &■ free',hand' in the matter. The. two constables wero there-fore'-stationed ' under the macrocarpa hedge., bounding, ; ilr. ~Scott's, property, and ,in full-' view- of Mr. .Hanlon's house, about three or', four chains away. ." V

At about 4: o'clock this (Sunday) morning .'.•Probationer Callery saw a man. pass on to- the road through Scott's'gate and. apparently start towards Hanlon's house. .Ho challenged the -man and : ; called Gallagher's attention.- The man:,at once made; across the road,' and,, practically turning a somersault, over the, fence, .disappeared behind some buildings.;

i Probationer'Callery fired a. shot, over the'man's head,, and Constable Gallagheij fired in vain to attract the attention of Constables Watts and Sylvester, who were stationed-in the Main Street. Constable Thompson, who was on guard, at. Mrs.. Wilson's , house, ajid Constable ■ W aitts . and > Sylvester then arrived','on the" scene,, and a search was commenced. A trail of Stout Bottles. It is supposed that the fugitive made across the back of.M'Millan's yard and then made a detour back and crossed through Scott's paddock, to Currio's cowshed. /On thig journey. • Powelka had apparently shed bottles of stout and biscuits,..en route, as two 1 bottles'of stout were found, one on each side of a dividing hedge and another in the middle of the' paddock. V It was _ eventually .decided to wait till daylight, and in the'meantime . Ahe reported progress to Palmerston. At about 7.30 the party arrived at Currie's cowshed after searching all the stacks and sheds <in Scott's premises. *'* It was just before they arrived at the cowshed that they were informed 'by Mr. Bryc'e, clerk at the Ashhurst Railway Station, that the station'had been broken into. They then proceeded to the cowshed and captured Powelka as related above. \ ■Further'investigation of the cowshed revealed five more bottles of stout hidden there, making in all nine bottles. The stout was Mangatainoka brew, and was consigned to Mr; Siddells of >tho Commercial Hotel, having been left at the station overnight. •;, .. . • . Attempt to Blow up Safe. Tivo postal notes and some silver were taken, and an attempt had been made to blow up the safe, as it was considerably damaged. The man had placed detonators in the key-hole, but fortunately did not understand how to firo .them, and the attempt was unsuccessful.

POWELKA'S CAREER.

AN ACTIVE CHARACTER. In February last the people of Palmoratory North felt the , presence in their midst of a very active despoQer of households. Goods were being' missed daily from private residences, and. for a time the police were slightly nonplussed. The mystery culminated in the arrest of Joseph Powelka, on suspicion of being the man concerned. He was brought before the Stipendiary Magistrate. at Palmerston North on March 7 to answer for certain alleged misdemeanours. The charges comprised breaking and entering the residence. of Jas. Robbie on December 12, 1909, and stealing therefrom goods valued at £7; breaking and entering the residence of J. B. Clarkson on February 6, and stealing goods valued at £12; breaking and entering Mrs. Hardley's on January 26, and stealing goods valued at £50; breaking and entering E. H. Kidd's residence on January ."20, and stealing goods valued at £50: breaking and entering J.. Metcalf's residence on January 24, and stealing goods valued at £10. .A further charge of breaking and entering the residence of Harold R. Coope, and stealing goods valued at £17 on July 27, 1909, was also preferred. Evidence was given by the owners of the property named; also by Detective Quirk and Constables King and Barry, and accused; who was undefended, was committed for trial.

; His First Escape. Powelka was detained in Palmerston to answer further charges of burglary on March 14, but on the Saturday preceding date lie broke gaol. 1 Writing on March 14 our correspondent at Palmerston North reported:— "About a dozen members of the Palmerston and Feilding police, with the officers stationed in the out-districts of Ashhurst and Rongotea, etc., con'tinuously scoured the country from the time' .of Powelka's escape, and they had formed such a cordon that it was almost impossible for him to get through. : "About 7 o'clock this morning, Sergeant Bowden, of Feilding, went ,into some scrub in a" gully between that town and'Kimbolton, to lie in wait, and was' somewhat' surprised, as he entered one side 'of the scrub, to see his quarry bolt, out at the other. Powelka showed a good pair of heels, and .before the sergeant could get on to ' the. rising the fugitive had disappeared from view,' and "it was impossible to tell which way he had gone. However, the whereabouts of the escapee had now been located, and . Sergeant Bowden at once dispatched messages all around that the man, was in the vicinity,, and, of course, the whole of the constables who were-out searching "were doubly on the qui vive. The denouement came about 2 o'clock this afternoon. While' Constables Barry .and Of Sullivan, were standing on the verandah df the store at Awahuri thej saw Powelka walking past. Constable' O'Sullivan at once mounted 'a bicycle and got ahead of Powelka, while Constable Barry simultaneously closed 'up. lii the rear. Realising that he was in the toils, Powelka made no resistance whatever, and the cflnstables proceeded to handcuff him. . Powelka, standing calmly, remarked: "Oh; . you needn't put'dn this handcuffs; I will come quietly," but, '.warned by. previous experiences, .the officers of the law judged it best to be on the safe side,' and acted accordingly. Word was then sent through ip Palmerston, ajid a motor-car 'was , sent out to, meet the trio, and bring them into town."-

> The Second Break. Powelka was then' brought down to Wellington, and was the occupant of a cell in the Lambton Quay station on the morning of March 23, when lie was to answer to tho further charges .of committed: at .Palmerston. Whilst in the cell Powelka received " a temporary companion—a man brought from the suburbs that morning in charge of. a constable. The prisoner was sent for shortly, afterwards to be examined ,in, the watchhouse,, and the arresting'.constable, it is !stated, took ,the key, brought his charge out, and. as he thought, locked tho door behind him.- ;A visit was ' made to .the cell Buortly afterwards when the door'was found:shut, but, ori being opened,-the cell "was empty. Powelka had gone. ■* A Traglo Chase.. .The story of the chase is too fresh the minds of the public to recapitulate in detail. It was, reported that he nad been seen in the Palmerston district, and police were sent from ■ all quarters to assist the local police. Concurrently with the news that Powelka W'as -again ,in the district came an epidemic of fires and scares;' which, whether Powelka was connected with them or not, created a feeling of alarm amongst residents which increased daily. . On' Sunday night ' last (April 1Q) the police obtaired information which led to the. belief that Powelka intended to invade the residence, of' Mr. Hampton ( in Ferguson Street. / At 8 o'clock m the'evening 'the police surrounded the place, _ and Sergeant Maguire, who had only ~gone up to Palmerston from Wellington on the previous Friday, discovered a man' lurking in the grounds. He closed with the man,, and there was a desperate ..struggle,; .during' which Sergeant Ma-' guire ■ was fatally , wounded, though whether by Powelka or by'someone else has yet'to be determined by : a iury. Tho man got clean g.way, followed by ' a couple of bullets from Detective Quartermain's revolver. :

The .tragedy did not end at this. On the succeeding night Mr. Michael Quirke, of Pahiatua, was shot dead by Mr.'-Overton, proprietor of the Princess Hotel, Terrace End, in mistake for Powelka.

THE PROBABLE CHARGE. HOW THE, NEWS WAS RECEIVED HERE. Advice to the effect that Powelka had been recaptured, was received. by the local police authorities at 8 o'clock yesterday morning. • The news was contained in a brief telephone message from Ashhurst, in which it was stated that the fugitive was taken at 7 a.m. by a party of police comprising Constables Gallagher (Wellington), -Thompson (Palmorston v North), Sylvester (Wanganui), and Watts (Ashhurst). Powelka, it was further alleged, was found to be in possession of two loaded revolvers, and a chamber of one of the had been used. ' No further details were received by the police authorities here, excepting word that Powelka 'had been safely lodged'in the gaol atPalmerston; North. In conversation with a Dominion reporter, Police-Inspector Ellison said that the Ashhurst district had, beeii closelyi watched by the police for the past ten days. Will Powelka. be charged with causing the death of Sergeant Maguire? the inspector was asked. "I should say that that could be taken for granted," he replied. 'The Hon. Dr. Findlay (Minister for Justice) npon being interviewed, said that no fresh charges had, so far, been laid against Powelka. It was .probable that Powelka would be brought down to Wellington almost immediately. CONSTABLES CALLACHER AND THOMPSON. THEIR CAREERS. Constable Gallagher, who took such a prominent part in the re-arrest of Powelka, ioined the polioe servioe 6a

September 1, 1907. During the two and a half years that he has been in the force, ho has been stationed at Lambton Quay, where ho has been a watch-house keeper mbst of the time. He took a prominent part in the police work at the scene of the Penguin wreck. Upon the occasion that Powelka made his second and last escape, Constable Gallagher was in charge of the watch-house, although lie was not the constable who had occasion to visit the cell in which Powelka was being' detained, and the door •of which was accidentally left unlocked. Under the circumstances his colleagues in the fore© are delighted that the escapee has been retaken as a result ill a great measure to Constable Gallagher's efforts. .

Constable Thompson became a member of the police force on February 1, 1905. He has done service at Lambton Quay, Wanganui, and Palmerstori Nortli. Constable Thompson, it will be remembered, effected the recapture of the woll-knowu criminal Archibald M'Neil, who escaped from the Terrace Gaol at .Wellington on January 23, 1909. On tho day that he escaped, M'.Neil entered a residence oil the Terrace, and late in the eveniug was found by a lady belonging to the household under her bed. M'Jfeil sucoeeded in getting clear, and for nearly threo weeks wandered about the country, eluding the vigilance of the police authorities. Some'days after he made his appearance in the Wanganui district he was retaken by Constable Thompson,' but not until after a keen struggle. Few offioers with only a few years of service can claim such a fine record of police servioe as Constable Thompson.

HE INQUEST.

WHY SERGEANT. MAGUIRE DID ; NOT GO AHMED. CALIBRE OF THE BULLET. \ . — An inquiry into the ' circumstances connected with the shooting of Sergeant Maguire at Palmerston on "Sunday evening, April 10, was held at the Courthouse to-day before 'Mr. A.- D. > Thomson, Coroner, and a jury comprising: Messrs •(*. I±. Bennett (foreman),. M. A. Eliots, H. Coles, W. Jti-oid, A. Turner, and James. Mow km. / Scene of the Tragedy. Mr. C. A. Loughnan Crown Prosecutor, conducted tne inquiry, with him being Inspector Wilson. Air. Loughnan outlined the evidence that would be adduced, after, which the Coroner and jury, accompanied by Inspector Wilson and a representative of The Dominion; drove to the residence of Mr. E. Hampton, 61 Ferguson Street E., where the tragedy took place. The house comprises eight rooms, with hay window and verandah in front. The place is entered by. double gate at the side, the .drive being separated from the , lawn'in front of the house by a. low picket fence, a small gate near the end of the verandah giving entrance, fiom the drive to the front • of the house. The other side of'the drive is separated from an apple orchard by a couple of wires. Along the front of the premises is a picket fence, about a .foot higher than the one separating the lawn from, the drive. ' One of the wires separating the drive from, the orchard hail been cut and stretched obliquely ' across the drive, about 3 feet from the ground, and would probably throw a .person down if he ran against it in the dark. The small gate in the low picket fence at the ond of the verandah had been securely fastened with a dog chain, which had been passed around it several times. Stones had also been placed at the bottom of the gate, so that - it; would have been very difficult for a person to have opened it in the dark. . ; " 1

! Detective 'Siddells pointed out where [ he had picked up Sergeant Maguire's hat and . also , a small green felt hat about ■ eighteen inches from it. Tho spot where Mr. Hampton • stood, the footmarks on the newly-dug border around the lawn, and also where footmarks had been found; shortly after the occurrence, wore pointed out to tho jury. The window alleged to have been opened between the' tinro that Mr. Hampton ran for the police and the time they got back was also inspected, as were also the.lback of the premises, so that the Coroner and jury could form a proper, estimate of the evidence when it was tendered. An adjournment was then made till 2 o'clock, when • Inspector Wilson, in charge of Wanganui district, deposed he knew deceased, John Patrick Hackett" Maguire.. Witness attended \ the post - mortem made on tho body at the hospital. Saw Dr. Martin take a bullet from the body of. deceased.. The doctor took' possession of tho bullet. . The . Medical Evidence. v Dr. A. A. Martin, practising in Palmerston North, 'attended deceased when brought to the hospital on the previous Sunday. Witness'teaw him soon after his about nine o'clock. Deceased Was suffering from the effects of a gunshot wound, which necessitated the performance of an operation about an hour arid a half afterwards. Witness found that the bullet had entered tho right side of the belly above the navel, its course being towards the muscles, entering the large valves, and had penetrated the stomach and struck the spine. Around the'' right kidney severe, bleeding had taken place, and tremendous hemorrhage from one of tho internal blood-vessels. The bleeding was stopped, and tho holes in ' the stomach closed. Dr. Putnam and witness performed the operation, and they decided i not to search for the bullet. Deceased was in a critical condition, the shock being most serious: Tho condition after the operation was bad; but he made a temporary rally. He died on tho morning of April 14 about sis o'clock. The injury to the kidney was a very severe one, practically stopping its functions.' At 11 o'clock on the morning of April 14 witness performed a post-mortem examination, in the presence of Inspector Wilson and Sub-Inspector O'Donovan. Witness found the injuries as described. The cause of death was suppression of, the urine and septic peritonitis, due to the injuries received by the shot. The bullet was found embedded in the. spine. It had .been a ricochet shot, viz., it bad struck the spine- and worked down, injuring tho kidneys. A complete postmortem was made. Witness took possession of the bullet (produced), which he showed to the police officers present. Witness was of opinion that the. shot had been discharged at short range, as the skin 1 ' surrounding the wound was black. Witness would not like to swear anything as to what position either man was in when tho shot was fired. The track of tho wound was upwards and 'to the left. His idea was that it was firod at close range and sideways. It was possible that it was fired by a man standing up and the other lying down; they might have beenboth lying down.. This was only an opinion. From tho appearance of tho wound, witness did not think the shot was fired from even a distance of five yards, judging by the discolouring of tho skin and the marks on the clothes. Deceased made statements. ' Statements to a Doctor Not Criminal Evidence. The Coroner pointed out that statements made to a doctor could not be taken against any man who might bo charged with an offence. Witness continued that he told deceased ho was in a grave condition, arid be asked that his.father W wife murht,

be sent for. Deceased mado the following statement early on the morning of April 14: —

'The first question was: "Did you know it was Powelka who shot you?" ' Ansiver: "I could not actually say it was Powelka. He had a kind of mask on. I only had handcuffs with me. I struck -him on the face with my handcuffs, and he grappled with me and brought me down, and we struggled on the ground. I called out, and Quartermain came on the scene, and fired two or three shots." Witness asked who fired the first shot, and deceased answered: "I am certain it was Powelka who fired the first shot. I do not think it was Quartermain; it might have been." Witness asked: "Were you on the ground when shot?" Deceased replied: "I was struck when on the ground." The Sub-Inspector later on asked to see deceased. He asked: "Have you any hope of recovering?" and deceased replied: "I have every hope of recovering. Powelka had the shade of the light on him, and had a hat pulled down over his eyes." The Sub-Inspector asked: "Had he a irask on?" Deceased replied: "I am inclined to think he bad. I was on the ground when he fired at me, but couldn't swear that he struck me." To Mr. Elliott, witness said deceased was conscious when taken to the hospital. The clothes worn by deceased were produced. Bullet Quite Dissimilar to Quartermain's. Witness said he had examined these clothes after deceased's death. The pants wore singed where fie bullet penetrated them, and the underclothes were stained black at tho part where struck by the bullet. 1 The marks corresponded with the direction of the wounds.' The bullet extracted was dis-similar-to the one now handed to witness by Mr. Loughnan. - It was of an absolutely different make. ■ ■ To the foreman: Deceased was not a strong man physically. It. would have been. unwiso to taie his depositions as it would have.shown him that he was dying, which would be very unwise. " • " Inspector Wilson, recalled.' said the bullet produced (that which was shown by Mr. Loughnan to ]the last'witness) was taken from a cartridge got from Detective Quartermain. He. produced tie 'revolver and other cartridges he got from Detective Quartermain the same : night, also two cartridge shells which had been . discharged. The revolver- was loaded in six chambers, two being' discharged. The Coroner, and jury here examined Dotcctive Quartermain's revolver. Tho Coroner said the revolver showed evidence of two of the chambers being discharged.

Witness continued: He compared Detective Quartermain's bullets with the .one extracted from deceased a!nd they were different in structure, weight, and size.

To Mr. Eliott: It was undoubtedly a revolver with which deceased was shot. The bullet- extracted, he thought, was rather large? than - would fit Quartermain's revolver. Witness did not think deceased had ever seen Powelka. •

On trying-the bullet found in the body, it was found smaller in circumference than; the bullets in Quartermain's, cartridges and . would not fit his revolver.. , Dr. Putnam corroborated the evidence given by Dr. Martin in regard to the operation and the post-mortem examination, which had taken place in his presence.. ' ; "Better Pleased That He Shot Me." Sub-Inspector o"Donovan said he saw Sergeant Maguiro on Sunday night about. 8.30 in Dr. Wilson's motor-car on the way to the hospital. Witness went to the hospital and. saw him in bed in the ward. Witness asked why lie did not take a revolver with him. Deceased replied: "I am glad I didn't! I wouldn't have-used it .at: any rate. I might have shot him, . , but I'm better, pleased that he shot me." ' On April 14, about 5.30 a.m., finding that deceased was sinking, witness went to the hospital and saw him in . the presenoe of Dr. Martin. Deceased iecognised witness, who asked: "How do you feel now?" He replied: "I am very weak,'' Witness asked: "Have you any hope of recovery?" and he replied: "Oh, yes, I have every hopo of- recovery.". What took place was oxactly as taken down by Dr. Martin. Detective Quartermain was in bed when Inspector Wilson and witness went for his revolver and ammunition, and was not. aware pf Sergeant Maguire's death. He gave these up readily. The revolver was not a regulation one, but was-Quartermain's private proporty. In reply to the jury, witness said he had not examined deceased's clothes before he died. Deceased did not say who had actually shot him in any conversation with witness, but witness was not quite certain whether he had put that question to deceased. He did not give any name, when talking of the man who had shot him. Witness believed, deceased said, "It was Powelka." '

Ernest Hampton, butcher, Palmerston, deposed that ho lived at 61 Ferguson Street. He knew Powelka, whom he employed in March of last year. On Sunday evening last he was' watching his premise's at about a quarter past seven. Witness first went into tho drive and stood against a tree,' but, it being wet, he went inside and sat on a chair 1 on the end of the verandah. He thought he might be mistaken for Powelka, and get a bullet by mistake, so he took / the chair inside. He then took a heavy stick, went out the back, into the drive, out the front gate;■■ and took up a position on the street corner of his property, under a willow tree. He had on a grey overcoat.

The Arrival of the Visitor. Witness had been standing there a little more than half an hour when he heard a thud on the 'grass on the opposite side of the. road, like a man jumping the -fence. The person straightened himself up, and the impression in witness's, mind was "Here's. Joe." The person then crosscd the road and went straight into witness's gate,which he opened, and .went inside, turned round, and shut the gate. Witness was startled for the -moment, but collected 'himself and waited until l the man had got behind the first tree in the garden. Witness then ran off for the police, and told Inspector O'Donovan. It was about 8 o'clock. Witness told the inspector he believed it was Powelka-. Six men accompanied witness. They went along Church .Street till they reached the entranoe to the old brickyard, at the back of witness's premises, where, they stationed three men. That left Maguire, Quartermain, Dunn, and wit iiess. Dunn was left about half-way down Alexandra Street, butween Churfch Street.and Ferguson Street. Maguire, witness, and Quartermain then went to the front of the house. Witness remained at the front gates leading into the drive, on guard, while the sergeant and Quartermain searched the orchard. After a few minutes they returned, and said they could not find anyone. They had no' lights. They said witness had better accompany them to the back of the house. They went down the drive to the gate leading on to the lawn, and witness suggested that one of them should be left nt tho, side gate, as that was the one that was chained on the previous night. He offered to stay there himself. Witnoss had a stick, buf the sergeant was unarmed. He refused to lot witness stay t-horo, ,as ho had no firearm^. The Shooting Described.' Witness went with Quartonnain along the drive towards the back of the house, leaving the servant at the

gate. They had just about reached the bottom of the drive when they heard cries. One of tie cries was very similar to one ho had previously heard made by Powelka in witness's shop. Witness and Quartermain immediately rushed to the front, and found two men struggling on the lawn in front of the house. Instantly there was a flash, and the sergeant said, "I am hit," and then Quartermain blazed away. Witness was about to rush in, but the shots stopped him. The flash was about five or six yards away.. Witness and Quartermain were abreast of one another. When the flash and smoke had cleared they discovered poor Maguire. He said: "For God's sake fetch the doctor, and run for the boys." He then pulled himself over the gravel, and got,up against the house.' Witness went back up the drive along Ferguson Street to Stockwell's and rang up for a doctor. On returning' to the house he found the sergeant propped up in the hall. Again he asked for the doctor.. Witness went along Ferguson fcstreet and told Dunn what had occur■l a ' so the rest of the men and Sub-Inspector O'Donovan. The latter eajne back with witness, and gave the men instructions to stay at their posts. Tho inspector spoke to Maguire, ame with witness to the front of the house, By this time a crowd had collected;

To Mr. Longhnan: Witness afterwards found on the following morning that a window on the side of the house opposite to the drive was wide open. Ihe window was in a spare bedroom, but it would have been occupied by two ladies that' night. He was quite sure the window was shut on. Sunday when witness left the house at 7.30. When witness left the, house it was occupied by witness's wife, his another, and two other ladies. He was quite positive that Sergeant ■ Maguiro called, "I am hit," before Quartermain fired. Was It Powelka? 'lo the Coroner: Witness saw two men struggling on the ground on the lawn when he and Quartermain rushed through the side gate. The blaze' of the revolvers blinded him, and he did not see or hear the man getting away. The lawn had not been searched, and witness asked several people to him do it. About an hour later witness and Detective Siddells, Constable "Sullivan, and Mr. .Stockwell went With lights and searched the lawn, and found two hats—a hard hat and a skull cap. They then went to the back of the house,' and found footprints on the rhubarb bed in the 1 corner. They also found footprints by the front gate, .and marks on the fence as if someone had scrambled over it.

To the jury: While the men were struggling there was nothing to indicate that one of them was Powelka, but he was ■ satisfied in his own mind that it was .Powelka. Powelka knew witness wits in the habit of taking money home on Saturday nights. Powelka had helped witness to shift into his present premises. Witness was about seven yards away, when the shot was fired. Witness then described what had taken place on the Saturday night in regard to the cutting of wire and stretching it across the drive; tmd, what had been discovered on Sunday morning, including the tracing of blood marks along the drive, ana that a limb. had been cut from an apple tree to make a "waddy," and ether signs indicating that. someone had ' been' illegally on the premises the night beforel'-

Detective Quartermain's Evidence. Detective Quartermain, of Wellington, remembered Hampton coming to the station on Sunday evening about 7.15. He said he had reason to believe the'escaped prisoner was on his premises, .Witness and' five others, including Sergeant Maguire, went with Hampton. Sergeant Maguire was in charge. Witness suggested to the sergeant that he should take Dunn's revolver, but he declined, and said he had his "handcuffs: Witness corroborated- Hampton's evi-: dence as to placing the men and search-' ,ing the orchard. They made arrangements for searching the back : of th 6 house. He and Hampton left the sergeant at the side gate, and about half a minute afterwards they heard cries— a peculiar cry which could hardly be described, being a peculiar sound. They rushed back through the side , gate leadmg to the lawn, but could see nothing. They were three'or four yards inside the gate when he saw a flash and heard a report, and he then saw what he took to be the figure of a man on the lawn. He had his revolver in his Hand, and fired two shots at the figure. ; The man rushed off, and was hid in the'darkness. They then found a man lying on the ground near the bow window: It was Sergeant Maguire, and he asked for the doctor. i Witness asked the _sergeant how it happened, and he replied: "He was standing in the door, and 1 closed with him, and we fell. He was up first, and shot me while I was on the ground." The women came out of the house' through the front door, and witness carried Maguire into the house. '

The Revolver Ammunition, Witness went with deceased to the hospital. The revolver lie used he,;got in Wellington last Thursday week. He showed it to Sub-Inspector Donovan at the hospital, and it was in the same now as then. He had had the ammunition for seven years; he had no other ammunition whatever. The' empty cartridges were what he fired on Hampton's lawn. He did not notice any difference in the side of the cartridges, and he had not cleaned the re-, volver since firing out of it on Sunday evening.

To the foreman: Sergeant Maguiro was lying against the house when he found him. He did not agree with Hampton's statement that ho was further away from the house. Witness did not see another , man lying on the ground. Witness fired at what he took to be a man standing up. The flash from the shot fired by . the man was a fair distance from the ground. He heard a man rushing off, but could not see him. They then found Sergeant Maguire lying oh the' ground. Witness .fired at about a level with his shoulder at the figure on the lawn, whom ■ 'he judged to be about five yards from the bow window. The whole affair occurred in a few seconds.

Detective Siddells, stationed at Wanganui, corroborated the evidence of the previous witnesses. He was in Church Street, the middle man of the three. He heard three shots fired. The reason for placing the men as they were in Church Street was that the man on the premises would come 'over the back fence.ylt was an extremely dark night, and none of them except Mr. Hampton' knew anything.of the locality at the back of Mr. Hampton's. He heard one shot, and it was followed by two more in quick succession. He could not express an opinion as to the time between the first shot and the two' that followed; they were almost , simultaneous. 'A large crowd assembled, and a number of civilians volunteered to watch the locality. This was some time after the shooting affair. Witness and others searched Mr. Hampton's lawn, and found two hats about eight feet' from the bay window. OncTbo recognised as a hard black hat worn by Sergeant Magniro, tho other was a green cap. Witness corroborated Hampton's evidence as to finding bootmarks at the back and tho front of the house. These were easily seen, but were not sufficiently plain to be measured. Creen Cap Identified. Harold Robertson, drover, residing at 128 Ferguson Street, identified the green cap found on the lawn. Ho lost it from his home on Saturday night. Ho left it hanging up in his bedroom, ami last saw it at about 5.80 on Satur-j

day evening. He went 'out about 6.30, wearing a hard hitter. Mrs. Farlana and her daughter wore in the house. He returned home about 12 o'clock that night, when he noticed that everything had been turned upside down. One of the. boys told witness that one of his hats. had gone. Food was also taken from the house. The Coroner traversed the evidence shortly, and the jury retired to . consider the evidence. The jury subsequently returned the following verdict: That,deceased, John Patrick Hackett Maguire, died at the Public Hospital, Palmerston North, on April 14, 1910, from the eflects of a gun" wound wilfully' inflicted by the man with whom he was grappling while 1 endeavouring, to arrest him at Erl Hampton's property, in Ferguson Street East, on Sunday, April 10, 1910.

THE LATE SERGEANT MAGUIRE

INTERMENT AT KARORI. A VERY LARGE CORTEGE. On Saturday morning a solemn Requiem Mass for the repose of the soul of the late Sergeant J. Maguire: was conducted 'at St. Joseph's , Church, Buckle Street, by the Vicar-Gcnera.l (the Very Rev. Father-O'Shea). The Rev. Fathers Venning and Hurley attended in the sanctuary. There was a very large congregation, including a number of relatives and friends, . and members of the police force. , The bearers were Sergeant Rutledge, and Constables Doyle, Cullings, Wisher, and Kenealy. , ■ The funeral of the late Sergeanjt Maguire, which took place yesterday, was one of the largest ever seen in this district. Over 50 vehicles formed part of the oortege, which extended for over three-quartern of a mile. The funeral left the residence of Mrs. Beauchainp, deceased's sister,. at 1.45 p.m., for St. Joseph's Church in Buckle Street, where a service was held, i ather Hurley officiated in the church. The Very Rev. Father O'Shea dwelt on the life of the deceased, his devotion to the church, and the good work wpKto be had done as a member of the St. Vincent de Paul Society. The manner of his death (said Father.O'Shea) was characteristic of his' life—he never flinched. when the call of duty came. 1-lie r£>ute to Karori Cemetery, which included Lambton Quay, was lined with citizens. Preceding the hearse, which was laden with many beautiful .floral tributes,* were over fifty members of the uniformed branch of the police under Sub-Inspector Norwood, and a detachment of Permanent' Artillery, as well as officials in the Prisons Department. '.As the- cortege passed the Botanical Gardens the Tramways Band played the Bead March in Saul. At the grave, as well as at /the house and the church, the bearers were Sergeants Murphy, Kelly, Darby, Rutledge, Stewart, and Matheson. The Very Rev. Father O'Shea conducted the service, and Dean .Regnault and Fathers Venning, Quinn, and Eccleton (the last-named, representing St. Patrick" s College) were also present. j Among those, who . attended the funeral'were the Chief Justice (Sir Robert Stout), the Hon. Dr. Findlay (Minister for. Justice), : on behalf of the Government, Mr. C. E. Matthews, Chief Clerk of the Justice Department, representing Mr. Waldegrave (UnderSecretary for Justice) ( who was unavoidably absent, Police-Inspector Ellison, Hon. R. A. Lo'nghnan, M.L.C., Mr. Poynton (Secretary to the Treasury), Mr. J. W. Macdonald (solicitor to the Public Trust Depart-' merit), and. several thousand citizens,, including members of the St. Vincent de Paul and. other societies.

' It is estimated that there were over 60 floral wreaths and. about-20 artificial wreaths, including those sent- by the Mount Cook and Lambton Quay, police and others, by members of the foroe resident in Hawke'a BayJ Auckland, Christchurch, Dnnedin, Wanganui, •Napier, . and the West Coast. •

SCOUTS' VISIT TO PALMERSTON. PRIME MINISTER DECLINES TO MAKE A STATEMENT. ■/'. Asked by. a Dominion reporter last night'if he would make, a statement with regard to lie'- visit, of . Captain Dalrymple and other members of the Dominion Spouts to Palmerston'North in'qonnection with the .search for Powelka, Sir Joseph Ward replied that he had nothing to say on the point.