THE POWELKA SCARE

Dominion, Volume 3, Issue 802, 27 April 1910, Page 6

THE POWELKA SCARE

CHARGE OF ASSAULT. A HAN WITH A REVOLVER. FINE OF £5 INFLICTED. (By Telesraph.—Special CorresDondeut.) Palmerston North, April 26. At the' Police Court this morning, Mr. i A. •D. Thomson, S.M., gave jndgment in the case in which Francis Alexander M'Minn was charged with a ssaulting Mark E. Laybourne. i The magistrate said a technical assault had been admitted. Even a constable was only justified in using firearms failing other means, when an arrest was being made, but a private individual had no such authority, the only excuse for such use being self-defence. In the present case accused was not at any'time in danger. It was'also admitted that defendant covered Laybourne with a revolver, which was a very serious offence. The .only matter, really in dispute was the use of the namo Powelka, bnt there was room for doubt in this respect. There was a suggestion that defendant was .under the influence of drink, and on that account was acting stupidly and recklessly. He admitted' /he had. had some drink, but he was able to give a clear statement of all that occurred. His Worship said he would give full weight to defendant's' frank statement to Detective biddells, and also to the fact that ho had been assisting the police in searching for Powelka during the day.' Defendant would be convicted of assault, but without the aggravating element alleged that he announced himself as Powelka. The uso of firearms in the manner admitted was very serious, and he must make it plain that the? are not to be used or even threatened in the manner stated. A line of £5 would be inflicted.

- ANOTHER CHARGE. ONE MONTH'S HARD LABOUR. _The second charge, that of assaulting Edwin Pratt.-on 'the..same evening, was then taken, counsel for accused pleading guilty to a technical assault. Edwin Pratt deposed that he was cycling home from work about . half-past six when he was.stuck up and ordered to dismount aid put'tip'his handsi He did so, and approached the man, and said, "What's the matter, Paddy? What are you trying to frighten a man like this, for?" The man said nothing, but walked towards witness, and when he fot close he called out, "Hold up your ands!" pointing a 'revolver at witness. The command was followed by "or I'll blow your brains out." : Witness said, "What's up, Paddy?" and put up Eis hands. , As soon as M'Minn put up the weapon witness recognised him. He had known defendant for several years. Defendant was nine or ten yards away when witness dismounted from his bioycle. He thought M'Minn was somewhat under the influence of liquor at the time. John. Frederick Manning said he saw defendant in the vicinity of ShieldVs house on the night in question.. M'Minn Vas excited, and had a revolver. Hβ said : he had been after Powelka,- and would have him. Witness thought defendant had been drinking. Frank Slattery: also gave evidence. Defendant- gave evidence on his own behalf, and. counsel addressed the Court. '■ His Worship said' he-'.-was sorry ,that a man who had conducted himself eo honestly during the day should get into such a condition in the evening as to make him commit the actions complained of. It seemed to him a far too serious, matter to deal with in the same manner as-the previous case, his conduct being outrageous, and he would be sentenced to one month's hard labour.. The other cases against M'Minn wore withdrawn.

CHARGES ACAINST POWELKA. ALLEGED HUEDEE OP SEEGEANT MAGUIEE. (By Teleeruph.—Press Association.! ■'■-.■. , Palmersion, April .-26. Powelka, who was remanded from Wellington to here to-day, will be brought up.on Thursday to Palmerston, and, , on Friday, a series of trials will begin touching offences alleged to'Kaye been committed prior to his first escape from the Palmerston lock-up. Thia series consists of the following charges:

(1) Breaking and entering Dixon's residence, Terrace End. (2) Breaking and entering Mis«M'Kay's residence, and stealing therefrom.; ; (3) Arson at Mies M'Kayls residence. (1) Theft of a bicycle. < (5) Escaping from Palmerston lock-up. All these charges will be heard before Mr. A. D. Thompson, SJtf.. The second series of alleged offences will ,be entered upon on Saturday and Monday. The charges' to be then dealt with are:— . (1) High School fire. ■ ■ (2) Millar and Giorgi's fire. (3) Breaking and 'entering at Perry's premises, Longburn. , (4) Theft from Mrs. Farland'e. . (5) .Breaking and entering Ashhurst railway station. (6)' Breaking' and entering the Manawatu • Meat Company's pre- , mises at Longburn (7) Also another case at Longburn of breaking and entering. • When Powelka comes here he will also be charged with : the murder of Sergeant ll'Guire. This charge will be heard about May 6. Mr. C. 'A. Loughnan, Crown prosecutor, prosecutes, and Mr. Gift'ord Moore defends. Detectives Cassells and Siddells have had charge of the writing-up of the' cases, and Sub-Inspector O'Donovan is in . charge of police operations. There will be from 89 to' 40 witnesses. BEFOEE THE WELLINGTON COTJET. The curtain was rung down on another of the' preliminary scenes of the John Joseph Powelka case when Powelka appeared at the Wellington Police Court yesterday, on remand on a charge that on or ■ about August. 6, at Palmerston North, he did break and enter the shop of Arthur Dison, and steal therefrom a butcher's steel, .valued at 10s. Accused, whose hands were manacled, entered the court with a slowly deliberate step, supported on each side by a constable Powelka wore a haggard look, and his hair was matted and unkempt, but his appearance generally showed an improvement on what itj was the previous time he appeared. : . 'Snb-Inspector Norwood asked for a further remand _ to Palmeaston North, where accused is to appear at noon oh Friday. Immediately the remand , had been granted Powelka was escorted out of the court and back to the Teriaco Gaol.