POWELKA IN COURTS.

Dominion, Volume 3, Issue 812, 9 May 1910, Page 6

POWELKA IN COURTS.

THE MURDER CHARGE. ACCUSED COMMITTED FOR TRIAU DEMEANOUR TO A WITNESS. (From Our Special Oorres»oniient.l Palmarston North, May 7. The hearing of.the charge of murdering Sergeant Maguirc,. preferred against Joscpli John Powclka, was contiinied tliis niorniug before Mr. A. D. Thomson, S.M. Accused was apparently ill at case, and while Constable Gallagher was giving evidence as to tho arrest,, he caused a mild sensation by jumping >i|> in the dock and hissing out the word "Liar!" However, he quickly quietened down, and the taking of evidence was resumed, the prisoner not making any further demonstration. Constable King deposed that he visited tho house of Slaltery'and found a bottle standing on its neck' between tho house and a barrel. In the cup of tho bottom of tho bottle was a quaatity of melted candle. He took possession of the bottle. Witness , saw Powclka near Pahiatua on a horse, which proved' to bo the property of F. C. Turner. Powelka abandoned the horse when pursued by witness and Constable M'Leod, but at the time witness noticed a revolver in Powelka's hand. , Mounted-Constable M'Leod corroborated the last witness's evidence as to pursuing Powelka near Pahiatua. Witness, after calling upon him/to stop, fired a shot over his head.;. Powelka then put his hand in his pocket and! pulled out a revolver. Accused got away over'a ridge, and they.did not see him again. The overcoat produced was found on the horse which Powelka abandoned. .. . ' Detectivo Quirkt produced the finger prints of Powelka, taken while in custody. Hβ identified the pieces of glass which he cut from tho show-case in. Penny's shop at Longburn, and also tho pieces of glass found at tho High School on tho day following the fire.

Finger-print Evidence. Edwin Dinnie, Finger-print Expert of the Police Department, said the bottle produced had on it several finger-marks, fivo of which were in such positions as to indicate that the bottle had -been handles with the' right hand, the bottle being in an upside-down position. The marks which would indicate' the right ring finger appeared far more clearly than the others. The. impressions of the other lingers were smudged, and showod no details except a few made by tho right lit die finger., These were photographed and enlarged, and were found identical with tho finger prints on the glass from tlie High' School. Twelve of tho characteristics, agreed with the finger prints of accused. Hβ was also satisfied that the ridges on the bottle were identical .with those of the right little finger impressions of accused. Tho impressions also were identical with tlioso on the glass taken from Penny's show-case, and they, in turn, were, identical with those of accused.

Constable Gallagher described the arrest of Powelka at Ashhurst on April 17. After [jetting accused from the loft Powelk,i said, "You cowards!" and shortly after he made a_n. attempt' to get away and tripped witness, cutting his leg.: A- few. yards further on, while they were taking him to the police station,; Powelka said to witness, "Do you think I am a coward? If so; take these off. (referring to the handcuffs), and I will show -you I" Witness replied, "It's all right, Joo; you wouldn't.; shoot . inc." Then ■Thompson" said to Powelka, "Who r,hot poor Maguire," nnd accused Replied, "But who fired the first shot?"-

The Court Electrified. Tho Court was here again electrified by the word "Liar!" hissed out, and it was seen that Powelka had jumped to his feet in the dock, and appeared .greatly excited. Constable Gallagher, continuing hia evidence, said that accused was. search" •ed, nnd, besides the revolvers, ..they found a mimbej of cartridges, a copy of tho "Maiiawatu Standard," two pieces of candle, a quantity of silver and copper coins, comprising 3 pennies, 19 halfpennies, and S threepenny pieces. Hβ was wearing the suit produced, and the threequarter overcoat. The pocketknife produced was also' found upon .him. Accused was wearing a sou'wester hat,, and tho cap "produced was found in tho overcoat pocket. The kej. produced was found on accused when he was. searched atAshhurst. 'Did not recognise tho handkerchief produced, but one similar to.it was found on him. AH the articles were handed to Detective Cassell at Palmorston Police Station. Constable Thompson corroborated the last witness' evidence. ■ ' ■■■■■' Detective Cassell said he saw the accused in tjho Palmerston North Police Station, and charged him with tho murder of Sergeant Maguire. Accused made no reply. . Witness received all tho property enumerated by • Constables Gallagher and Thompson. Witness took tho lock off Mrs. Farland's door and now produced it-. The key found on Powelka fitte.d it. The distance between Slattery's and Farland's houses was 3SO vards. This was the caso for the prosecution. Accused reserved his defence; and ■was committed for.trial, and the Court adjourned. . • .- ■