POWELKA M COURT.

Dominion, Volume 3, Issue 811, 7 May 1910, Page 6

POWELKA M COURT.

CHARGE OF MURDER. THE DEATH OF SERGT- MAGUIRE. HEDICAL EVIDENCE. STATEMENTS BY POLICE AND OTHERS. (From Onr Special Correspondent.! Palmerston North, May 6. At the Police Court to-day Joseph Powelka was charged with the wilful murder of Sergeant Maguire on the night of April 10 last. Mr. A. D. Thomson, SJL, occupied the Bench. Mr. C. A. Loughnan, Crown Prosecutor, conducted the case, Inspector Wilson, Sub-Inspector O'Donovan, and Detectives Cassells and Siddells also being in attendance. Mr. Gifford Moore appeared for accused. Robert Black, licensed surveyor, and Albert O. Torgstonson, photographer, produced plans and photographs of the house and grounds of Brl Hampton, whore Sergeant Maguire was shot. Sub-Inspector O'Donovan, stationed at Palmerston North, stated that he knew the late Sergeant Maguire, and saw him on the evening of' April 10 after he was wounded, about ten minutes past eight. Ho was being conveyed to the public hospital. He appeared to be in a state of collapse. Witness saw him the same night at the hospital. He took possession of Detective Quartermain's revolver on April 14. It was handed to Inspector Wilson by the detective at half past six that morning at the hotel where he was living. The revolver was in his coat pocket. He had seen the revolver some time'before.

Dr. Martin's Evidence 9 Dr. A. A. Martin gave evidence that he attended the late Sergeant Maguire at the hospital on the evening of April 10. He was suffering from the effects of a gunshot wound, which had penetrated the front wall of the abdomen, and he was operated on that evening. The bullet had embedded itself in the spine; It was located, but it was deemed inadvisable to extract it at that time. The patient bore the operation badly, and was in a. state of collapse after it. Sergeant Maguire died on tho morning of April 14, death being caused by the effects of the gunshot wound. Dr. Putnam and witness made a post-mortem examination. Witness extracted tho bullet in the presence of Dr. Putnam, Inspector Wilson, .and Sub-Inspector O'Donovan. Witness kept the bullet till the evening before the inquest. The bullet produced was the one extracted from the body, and was in the same condition now as when extracted. Sergeant Maguiro was killed by a close-range bullet. It must have been within five yards. The course of ' the bullet was upwards, and to the left,.until it struck the spine, when it doubled back. He could not say definitely- as to the relative positions of tho man who fired tho bullet and Sergeant Maguire, from the direction of the wounds.

A Wire Stretched Across the Drive, Erl Hampton, butcher, residing at 61 Ferguson Street, Palmerston North, deposed (that accused was in witness's, employ at one time for four or five months as a butcher. Witness was in tho habit of taking home his Saturday night's takings.at the shop. All the' employees knew this. He remembered returning' home on' tho night of April 9, about 9.15. Usually it, was about an' hour later than this when ho on Saturday l nights. He rode his bicydo to the gate, when he dismounted and walked along tho drive. Half-way down tho drive he ran into a wire stretched across tho drive.. He got under the wire and went inside, thinking someone 'of his household had put the wire across the drive. In consequence of what he was told inside he reported the matter to the police. The following morning he examined the drive and' found that,one of the wires along the side of the drivo had been cut and stretched across the roadway. At the back of a bushy tree- the grass had been trodden down, and he round two half-eaten apples there. The small gate leading from the drive to the lawn had been fastened by Bomeono with a chain. He reported all this to the police on tho evening of that day (Aprd 10). Witness was watching his promises, standing under a tree on the footpath at the corner of hiß section, about seven o'clock, when he heard a thud on the ground on the opposite 'side of tho road, as if someone had jumped over the fence.

A Man on the Premises.

Witness saw a man, who walked straight across the road into the drive into witness's premises. When the man got out of sight witness ran to tho 'police station and reported tho matter. Witness thought the man was Joseph Powelka. That was the impression on his mind. He was ' wearing a threequarter overcoat, the coat produced being like it. From the general appearance and gait of tho man, witness thought it was Powelka. Rain had commenced to fall about this time, but the gas lamps in the vicinity enabled witness to make a good observation. Witness came back from the police station with a number of the police, including Sergeant Maguire. Somo or the police were stationed at the back of witness's premises, while Sergeant Maguire, • Detective Quartermain, and witnesß went in at the front. Maguire and Quartermain searched the orchard, but returned to witness without finding anyone. The three of them then went down the drive. Sergeant Maguire stopped at the small gate leading on to the lawn. Quartermain and witness went along the drive towards the back of the house, and had got only a few yards when they heard cries, and rushed back to tho lawn gate. The cry was like that of a man who' had received a bad fright. He had heard a similar cry once before in bis shop when Powelka met with a bit of an accident that gave him a fright. Witness and Quartermain went through the small gate on the lawn, and had got about three yards when they saw a flash and heard a revolver report. "I am Shot." Someone said, "I am shot." Instantly Quartermain fired at what witness took to be a flash. After the smoke had cleared away they found the sergeant. He said, "For God's sake bring tho doctor and the boys." The 6orgeant-was removed to the hospital. Witness assisted in the search' oi the premises afterwards. Witness found two hats on the lawn. The cap produced was one of theni, which was taken possession of by Detective Siddells. Tho other was a hard felt hat. He knew Powelka's handwriting and signature. Ho belioved the signature produced to be that of Powelka. Dr. Martin, recalled, said he had made a mistake in his evidence, which ha desired to correct. When he said the Bhot was fired five yards away he meant five feet. Detective Quartermaln's Evidence. Detective Quartermain corroborated the cvidonce of E. Hampton in all particulars. He said Maguire, who was lying on the ground, was asking for a priest, his * wife, and the doctor. Tho object pi jposlang mon at tho back of.

the premises was because it was thought that when Sergeant Haguire and witness entered the front the perBon for whom thoy were looking would try to escape from the rear and fall into the hands of the men posted there. The revolver produced was the one used by witness when he fired at the man. He handed the revolver to Inspector Wilson on the morning of April 14, also the cartridges and empty shells. The revolver was not witness's own property. It had been lent him by a friend in Wellington. It was the only revolver he had. Three' Shots Fired. Detective Siddolls deposed that ■on April 10 he went with the party of police to Hampton's house. He heard three shots fired. There was a slight pause between the first shot and the two others. He remained ,at his post in Church Street for about a quarter of an hour, and then ascertained that Sergeant Maguire had been shot. /He afterwards went on to Hampton's lawn and found a hard block felt hat belonging to Sergeant Magnire, and close to it a .green cap, the one produced. On further search he found footmarks of some person on a' rhubarb bed, but the ground was dry and hard, and the footprints could not be distinguished. He also found alongside the low picket fence in front of the house the footprints of a man, but they were too indistinct to be measured. On April 9 he received the straw hat prodnced from Miss Fariand, of Ferguson Street. The Sunday night was a very dark one. On Monday morning he found a pair pf handcuffs close to where ho had previously found the hat and cap on Hampton's lawn. C. J. Hewlett, clerk of the court, deposed to having the exhibits at the inquest in his possession.

Revolvers, Bullets, and Ammunition., Inspector Wilson deposed he was present at the post-mortem On the body of Sergeant Maguire, and saw the bullet produced taken from the body. -In consequence of . Sergeant Magnire's death he took possession of Detective Quartermain's revolver and ammunition. Witness removed a bullet from one of the cartridges, which he marked. He wanted it for comparison with the bullet .which had been extracted from the body of Sergeant Maguire. He marked tho bullet which he took from tho cartridge with a double cross. Sydney John Tisdall, gunsmith, Wellington, gave expert evidence as to the revolvers. and ammunition. The ammunition in the revolver produced, taken 'from Powelka, was not adapted to it, but could be used in it. The revolver had been discharged, but it had had very, little use. The second revolver was also an American make of double action. It was adapted for the first, two cartridges,, but in this case also wrong cartridges were in the revolver. Though the cartridges were not made for tho revolvers, they could be used in them. The second revolver had also been fired, but had not had much use. Detective Quartermain's revolver was a 32 calibre Colt. The ammunition in Quartermain's box could be operated in the other revolvers, but was not adapted to them. After being fired a bullet would be more likely to lose weight rather, than gain any. The bullet produced was a 32 calibre, and corresponded with the ammunition in the revolver produced, which was one of Powelka's. It was 82 grains. Compared with the bullet extracted from the body, the bullets were similar to" those .found" in Powelka's revolvers and in his possession. Witness said from the marks on Sergeant Maguiro's clothing he would judge that the shot must have been fired very close, practically touching. He had made tests previously, and a shot fired more than six inches away would not scorch hair.

House Had Been Entered. ; Mrs..; Amelia Farland, living at 128 Ferguson. Street, said-she remembered Saturday evening, April 9. She left her house that evening about 7 o'clock. All the doors were locked, and tho windows closed, but not locked. The house was when she left. She returned about. a quarter to ten and found the house had been entered by someone,, tho cupboard being • nearly emptied of its contents. The key of the back door, which had been left in the lock, was missing. The key produced was the one that had been taken. She first saw tho key again, with other keyß- shown by Detective Cassells. She recognised it at once. Detective Cassells tried the key in the locs, which he afterwards took off tho door. She could not identify the handkerchief produced. Albert Robinson deposed to living at Mrs. Farland's house. ' On returning homo on April 9 he found that a cap belonging to him had been Btolen. Tho cap produced (found on Hampton's lawn) was his property. Daisy Gertrude Farland corroborated tho ovidence of the last two witnesses as to finding the house had been broken into. Not finding tho . key of tho front door in tho right place she got in through her bedroom window which she had left • unlocked. She noticed 'the straw hat produced on her brother's bed, and handed it to Detective Siddells.

John Graham, cabinetmaker, stated that he knew. Mrs. Farland'B house in Ferguson Street. On April 9 he was living in a house just opposite. The overcoat produced used to belong to him. He did not dispose of it in any way. He first missed it on Wednesday, April 13, from bis house in Ferguson Street. It was hanging up in his kitchen, but was a coat that he had discarded. He was away from his house on tho evening of Saturday, April 9,. the house being left empty. The doors were locked, but one window had no fastening on it. A Window Had Been Broken. On April 12 witness and his family were away from home, but on going to work on the 13th he noticed the. back window of his house had been broken. Thero were marks on the window as if someone had been trying to force it open. He then noticed tho kitchen window had been opened. The glass in the top sash was broken. He could see that the doors had been open, and the place had the appearance of being ransacked. Witness did not go inside, but went and informed the police. On going back the same day he missed the coat and several articles of food, also a couple of baskets. The house was empty on Monday and Tuesday nights, as witness and his family slept at his father's place on those nights. Francis Slattery, butcher, said he remembered April 9. He returned home that evening about 10 o'clock, tho house being unoccupied for some houj;s. The following morning he found a beer bottle on its end alongside the house, with a candle in the bottom. The l candle had been burnt down and gone out, leaving a small portion of the, candle in the bottom of the bottle. A hole had been burnt in the boards of the house. He informed tho police about the matter. Constable King took possession of the bottle. Ho was quite sure the bottle was not in the position ho found it the day previously. Tho bottle produced was tho one. It had been lying about the yard for some time previously. Finger Prints. Charles Perry, storekeeper, of Longburn, gavo evidence similar to that in tho case in which Powelka was charged on Tuesday last with breaking and entering tho store there. He recognised the pieces of glass taken from his showcase with the finger prints'on them. Joan Kendall, labourer, living ou the Foxton line, stated that ho knew accused with whom ho worked at tho abattoirs. On April 2 ho returned to his house about 11 o'clock. Ho saw •fche accused on tliat night after returning home. Ho had two revolvers, jono ju each hand.

James Young repeated the evidence given when Powelka was charged with' sotting fire to tiho Palmerston High School. Maurice Millar identified the clothing produced as having been stolen from his premises in tho Square. A. W. Leet, caretaker at the High School, gave evidence that tho windows in the boys' lavatory were intact when he left the 6chool at 5.30 on the evening of the fixe. Charles Turner, labourer, deposed to his horso, saddle, and bridle being taken from his premises on April 6. Ho recovered his property from the polioe two days afterwards. At Ashhurst Mrs. Wilson, of Ashhurst, deposed that she knew accused and remembered she saw Powelka at her house on April 9 about 9.30 on that day. When witness saw him he ran away. '■ She did not think he had a hat. He had no overcoat. She saw him run away. Mrs. Ma.ry Burton, of Colyton, knew accused by sight on the morning of April 9. She was staying at her mother's house at Ashhurst next door to Mrs. Wilson's. She saw accused lump the fence at the sido of Mrs. Wilson's house. Ho disappeared in some scrub; he had neither a hat nor an overcoat on. Herbert Thorp, of Aehhurst deposed that on April 9 he went to, Mrs. Wilson's house about 9.30 in the morning. He recognised the overcoat produced, which he found under a bed in the house. He found a number of cartridges and detonators in the pockets. In the lining of tho coat he found an old-fashioned wire lock-picker. Robert Elliot, a small boy from Ashhurst, said he remembered April 10 last. He took milk out «Jid expected to find a milk-can at Mr. Grammar 1 b. He found a letter in the billy in an envelope Which was gummed down. He "opened the letter produced, and afterwards gave it to Mrs. Grammer. The Court then adjourned till 10 l o'clock nexti morning.