THE POWELKA SCARE

Dominion, Volume 3, Issue 801, 26 April 1910, Page 5

THE POWELKA SCARE

■- A PALMERSTON CASE. CHARGE OF DISCHARGING FIREARMS. .' : ; AN EXCITING NIGHT. (From Our Special Correspondent.} Palmersion North, April 25. The charges against. Francis Al6xander M'Minn, of discharging firearms, alarming one Niel Shields, and assaulting Mark E. Laybourne and E. Pratt, were called on in the S.M. Court this morning. Mr.>C. A.' Loughnan appeared for the police and Mt. H."B. Cooper for the accused, who pleaded not guilty. Mark E. Laybourne deposed he was a commjssion agent living in Ferguson Street near Terrace End.- On.-April 11 he left the house about 6 p.m. ' He was on the way to ring up the police from Tregutha's store.. He cycled across the paddock, down Ferguson Street towards East Street. After going down the latter street about two chains,, he noticed a man walking along' the street. He asked some .by-standers if they had seen any of the scouts about. Witness Tode back to Kuahino Street, but could not see any one. On looking towards Terrace End he saw a ' man walking along and rode after him. On passing he asked: "Are you scouting ?" ;He answered: "Yes." Witness rode oh, ' and turned up to Mr. Baldwin's drive. Had not gone many 'yards when he heard , someone call out, and on looking: found a porson accosting him . with' a revolver. He immediately got off his bicycle and went to meet him. He had a revolver in his hand. When they got close together, witness asked: "What might your namebe? Is it Powelka?" He replied: "Yes, and don't you forget it," at the same time taking hold of witness's right hand. Witness said:"That's all right," and with that he let go' and turned away. Witness informed the police of what had occurred. He did not know M'Minn very well, and could only recognise the man by his hat and his voice. The hat was a round soft one.' He had a conversation with MTtfinn the following evening. They were brought together by Detective Siddells, who asked;witness if he recognised M'Minn. Witness said: "No," but the voice ,waa familiar. He could. not give the exact words of the conversation. In the. conversation M'Minn said: "I am tho man." When, he first saw M'Minn he appeared to be walking | steadily, but he smelt of drink. There was considerable excitement at this time, and if any of.the scouts had been about at the.time he thought he might have called them. He thought the man was the escaped prisoner, Powelka. ' i

"Had.Powelka.in, his' Mind." By Mr. Cooper: It was not quite dark when witness left his house. He could not say whether the' man he first saw was the same one who stuck him up, but thought it was\ He had no special reason to think Powelka was in that neighbourhood. , He wished to ring up the; police to' inform them Ithat a sus-picions-looking character had run across from. Ruahine Street to Roy Street about 5.30. This he had been told by' lis wife, and he thought it probable that this was Powelkit. He had Powelka in his mind, but could not say that he was particularly nervous, otherwise he would not hare' gone for the police. He admitted that he was rather, nervous after being stuck up. He had given the conversation word for word as it took place. The man did not use the word "Powelkn."-. "Witness and the man were .quite close together. '.■Witness did not like the look of the man, but could not swear' it was M'Minn. ' The whole gait of tho. man did hot give confidenco. He was in the middle of the road, there being no■ footpath. -.He :-was walking, along in a ■■ loose ' fashion;" !Witness:"did' not toll Detective Siddells-■, that M'Minn was not fhe,-._mah. No '-reference- was made to scouting when he was accosted by the man in Avenue. '

Detective's Evidencs.- /; • v Detective Siddells' deposed, that lie saw the acoused on April' 14 in conseijuuireo of what hud happened in Ferguson Street. :'.■'-.'■■;■' . ~,"■ The Court: There is some disparity in the date. Mr. Laybourne said it was' oh: April 11, .which'apparently, was 'a'mistaku. ■'■ , ."•

Witness had a statement from M'Minn before he saw Laybourne. vHe saw M'Minn on the.' morning of April " 14, and' arranged to meet him at.s o'clock, after work. Witness said ■:"!■ understand ypu fired' three shots', that night; :and also stack up several people." Witness mentioned Richards's name, but'accused raid ■ ho/, knew- nothing about Richards.' He admitted . having.-rstuck- < up'".':• Laybourne, Pratt, and others? \ Witness took mm to the shed where the shots were fired, and asked him to describe his movements there. He said he went into the' shed, struck: a matoh, and heard something rush oul. Hewent on to the road; again, and fired three shots,, and afterwards .knocked, at Shields's back door. Witness: '.saw..■'■Laybonrne with M'Minn, and "asked":the-former if this Was the man who had stuok him up. Laybonrne replied "No," and'did not recognise him. 'Laybourne: said the man spoke ma low' voice. : 'M'Minn said: ■ 'It was me. I had my teeth out." Laybourns then said he recognised M'Minn's voice. M'Minn denied having accosted a woman. He also .said he was under the influence of liquor. To Mr. Cooper: M'Minn said he hadhad a few drinks, ~Ho was perfectly fiank about the matter. M'Minn did nr.t give any explanation, of whv he fired tb» shots_ except that from 'lie rushing bnt of the shed he' though; '■ someone was about.,' . ' This was tho case for the polife.

The Defence, ,\ ' .- Mr. Cooper admitted' that his client was there, and was perfectly frank about tho matter. Defendant's case was a denial of the kernel of Layoourne's storv. The accused had been out-all dav.witn the- police searching for Powelka, and had done a very great deal of hard work. His client was scouting at the boundary of East Street. .: He'saw Laybourno and called upon him to stop, ,of. which no notice'was taken. ■ This was .whoic' the difference came in between Laybourne's and M'Minn's . stories. Laybourne was evidently very nervous, naturally, considering, the whole town ..was. nervous aboil'.''Powelka. He also had reason to think Powelka was in that vicinity. When M'Minn accosted Laybourne he asM, "Are you : srojtiig and , looMnt; for. PowelkaP" and M'Minn replied:-"Tes." Laybourne admitted that M'Minn neu'r Powclka's name. The offence was merely a technical one.. His client was glad tho proceedings had been taken as it gave him an opportunity, to publicly deny and disprove the vile slander that had been circulated that he bore, the marks.of handcuffs on his face. 'This bad caused his client great trouble and worry and injury, and he welcomed the proceedings'to show that thero. was no. ground for the foul slander.

Accused's Statement. / For.the defence, Francis • Alexander M'Minn deposed that he was a plasterer by trade, and resided .in Palmerston North. Ou\tho Monday in question he was with a party: comprising Messrs.' Hunt, Sutton, Slnttory, and others. They front out and se-lrchcd a part of; the country. They started away about !) o'clock and worked till about 4 o'clock, covering all the ground at Hokowhitu ; md Terrace End. He came back to tlie police \ station 'about i o'clock and told Inspector Wilson that he had suspicions i about a house in '.'ihroy Street lie was ■out again in the evening after tea. He arranged with Slattcry to. meet at tho corner jf East niul Fitarov Streets, -le waited at the corner, but Slattery did njt turn up. He saw Laybourne aljo'ut halfway between Baldwin s Avenue and Firzroy Street. Ho called upon Laybourne to stop. He had passed witness on a bike. Ho called- out: "Challf.'igc! Stop!" Laybourne ,looked■ around, but did not stop or" say "anything,: but wont on. Ho challenged him because he thought ho might be' Powclka. Lay.' bourue wont into the night, and witness ran after him,, and again called upon him to stop. Enybonnre said, "Who are yon? Are you a scont?" Witness replied, "Yea." Laybonrne asked, "Are you looking.for Powelka." Witness replied, "Yes," Ho aleo asked if thoVe

were any more scouts about, and witness replied, "Yes, plenty." 'Witness took hold of Laybonrno's hand. He put it out, and witness took hold of it. This was before he knew it was Laybourne. Laybourne walked back behind witness a little way towards Ferguson Street. Witness went towards Pitzroy Street, and Laybourne -went the other way. Witness quite thought he was acting properly. ;To Mr. Loughnan: He seriously thought be was acting rightly in pointing hia revolver at Laybourne. He was quite sober at the time. He had had' three or four ('.rinks between that time and half-past four. He; levelled the revolver at Laybourne when he got off his bike after witness called ■ upon, him to.;stop. He. was eight or ten yards away.,' Laybourne. was excited. He did not know Who 'Laybourne was till he got .up to him. As soon as witness saw who he was he said, "All right." He had instructions, from Inspector Wilson to go to. a house in Fitzroy Street with Slattery and watch it, and" report anything thoy' saw there. To the Court: He had tie revolver all day. He had only had one drink at the' time. _ Inspector Wilson gave him instructions, at four o'clock. Stephen T. Hunt, carrier, of Palmerston North, said ho was but with a party including; M'Minn on the Monday in. question.: _He offered' his services to the police, which were accepted. They undertook to search the country from Hokowhitu to Ashhurst. Witness had a.carbine and lent M'Minn a revolver. M'Minn. «nd Slattery- left witness about ten o'clock at the golf links. That was all ho .knew about the matter.'. This was the case for the defence. The S.M. said he "would like time to consider, the evidence, and adjourned the. other cases till nine o'clock next morning. ..-■'. /

CHARGE OF ASSAULT. A HEATED ARGUMENT ABOtf? ' POWELKA.; . - (Prom our Special Correspondents.! .'■'•' Palmerston North, April 25. A charge of assault, arising out of the. Powelka affair, was ventilated in. the: Palmerston Police Court this morning, : when Herbert Vaughan, • charged W. .A. Weekes with, striking him, with a largo -stone. Both parties are supplier* to the oreamery at Awapuni, near Palmerston, and on April 12 an argument arose about Powelka. Evidence was given to the effect: that the defendant Weekes, an old man of. 6ixty, spoke', in favour of Powelka, whom he' stated, was not guilty of so much as he was accused "of, and that' nothing had .been'. proved'■ against him. One word led to another until the language got very sultry, and threats of "punching were freely used. Complainant got out of his cart and shook defendant, whom- he ,also struck, -the.' blows being returned; Defendant picked up 'a stone, and threw ;it at: Vaughan, striking him on the back of the h«ad. The case occupied the Court a considerable time. Tne S.M. said he was satisfied Weekes brought on the trouble, but if he'had not thrown, the stone he would have been disposed to have let the matter stand there, but throwing, the stone and doing damage ~< was a serious, offence, and defendant would be convicted,and fined- 405., and costs.. • .