TRIAL OF POWELKA.

Dominion, Volume 3, Issue 828, 28 May 1910, Page 6

TRIAL OF POWELKA.

THIRD DAY.

LINE OF DEFENCE DEVELOPED.

END OF THE EVIDENCE.

(By Tclecraph.-Spccial Correspondent.) Palmcrston North, May 27. The charge of murdering Sergeant Maguire against Joseph Powelka was continued in the Supreme Court to-day. On the previous evening the court adjourned early to enable the various bullets to be properly weighed, and this morning S. J. Tisdall continued his expert evidence. He stated that he had weighed the bullets on a chemist's scales, and found that they 'all varied irom the previous weighings to tho extent of several grains. In reply to his Honour, witness said that tho only explanation that he could give of this was that the scales and weights were not accurate. His Honour observed that they were no better off than they were before. Mr. Loughnan said that all tho bullets wer« weighed in the same scales.

Mr. A. J. Graham gave evidence as to the scales and weights being correct, and this closed the case for the prosecution. . First Line of Defence: An Alibi. Mr. Gilford Moore said that he would not, at that stage, traverse the evidence for the Crown. He then gave an outline of the evidence which he proposed to call for the defence, which would show that Powelka could not have been in Palmcrston at the time that tho Crown sought to establish. . He called David Curry, who deposed that his house was on the main road from Palmerston to Ashhurst (opposite Mrs. Grammer's). At about 6.15 on April 9 he weut into Ashhurst, having then finished milking. Ho was back'to his house about 7 o'clock, and, during his absence, tho dogs had been barking to indicate that someone was about. Next day ho found that one of his caps had been shifted. It was not likely that accused could have been about the viciuity of his' place in daylight without being seen. He could not have left the letter in the billy-can without being scon.

Robert Herbertson said that he wat> a farmer on the Bunnythorpe-Ashhurst Road, and that, bn the Saturday in question, between 7 and 8 p.m., the dogs barked furiously, and then were silent. Witness went out, and, for a while, saw.nothing. In the morning ho found that someone had been in the cowshed during the night.

Mrs. Farland's Key,

William Richards Llewellyn, locksmith, examined the lock> from Mrs. Farland's door. In regard to the keyproduced), it might be possible for it to bolong to the lock, but it would be impossible to say absolutely. The lock was a very common one, and a dozen makes of koj's would fit it. The key would also unlock any other lock of the Kamo description. The key (produced) was mado for a more intricate lock.

To Mr. Loughnan: For a common lock, one key or tho same pattern, having no peculiarities of its own, would bo indistinguishable by a locksmith from other similar keys. A person handling the key orery day would be likely to know it better.

A Third Line in tho Defence. Alfred Richards deposed that on the Monday night following tho ! shooting of Maguiro he had been stuck up in East Street, and ordered to stand, Tho intruder had two. revolvers. He was in a very excited state, and his cheek was covered with mud. On his temple was a soar of quarter-moon shape, about tho breadth of witness's little finger. Finding nothing in witness's cart, the intruder jumped out as quickly as he had jumped in. Witness thought at the. time that the man was accused, but was now quite satisfied that he was not tho mau. He als, knew M'Minn by sight, and was quite certain that he was not tho mau because M'Minn was fair, and this man dark. Tho occurrence was just before seven.

To Mr. Lojghnan: He thought that his assailant was accused, because he hoard so many rumours about him doing similar things- He bad described the ma.i to the Inspector that night, and had told tiio Inspector that bo was sure that it was the focused: He thought so till ho saw accused in the lower court, but TO hen he saw him there, there was no scar, and ho saw that he had made a mistake. The soar on bis assailant's face was a red mark in the nature of a bruise.

Charles Albert Shortt, in the employ of Mr. Hopwood, ironmonger, said that the firm had sold a good many xovuivors during the Powelka scare.

John Wingate, fnrmer, of Longbnrn, stater! that, on the day after Good Friday, ho saw three persons sitting behind a hedge at tho back of his property. Witness went to Palmerston, and when passing through that place ho had seen Detective Quirk at Perry'* store, and, later, he/ird that a theft had been committed'. He then went to the spot where he had seen the three persons. Thero he found tins that had contained sheep's tongues and sardines; also a couple of playing cards left from a pack. He went to Perry's store, and Perry stated that he had missed a pack of cards. Ho also mentioned that ho stocked Gear's tongues, and witness then told him what he had discovered, and advised bini to go down .and see for himself. Witness did not think that he went down, nor did ho think that tho police went down. To Mr. Loughnaii: The persons were two men and a woman. Ho was sure that ths day on which he saw the people was the day after Good Friday. Tf tliß-burglary took place on the Sunday following what witness saw it could have no connection with it.

The Cartridges. Michael Joseph Kuran, farm hand, working at Fitzherbert, remembered the night on which, Sergeant Jlaguire was shot. He was in the vicinity at the time, and heard two distinct shots. They were in quick succession. Ho could not say that there were three shots fired, but his recollection was that, there were only two.

David AY'. Mitchell, employee at tho U.F.C.A.. remembered the day after the shooting of Sergeant Magnire. On that morning at about 9 o'clock ho sold a box of 3.20 Eley's revolver cartridges. He did not know who the man was to whom ho sold tho cartridges. Ho had only soon "Detective Quartermain yesterday, and could not recognize him as the individual to whom ho sold the box of ammunition. "It Was-Not Powelka." W. Brewer, storekeeper at Ashhurst, remembered April 9. Ho was driving along tlio Ashhurst Koad from Palmorston on the afternoon of that day, about 4.30, and saw a man about that hour walking along the road in front of witness. AYlicn witness got within a few chains'of him, ho stopped on tho sidd of tho road until witness got up. Ho was a man about sft* Sin. and very broad, and was wearing a- light tweed suit. Tho man stood hack on to witness as ho drove past. Witness looked back, and saw that the man had scars on his nose, cheek, and mouth. Ho had a rough growth of .beard. The man made a remark, but witness did not hear what it was. Witness did not stop, ns ho did not liko tho look of tho man. It was not I'owolka, whom Uo know by

sight. Ho saw tho man again later in Ashhurst in a butcher's cart.

John Keen, butcher, said that, while driving towards Ashhurst, a man bailed him up by putting his band up. As soon as witness stopped, the man got up in the cart, and sat down beside him. Witness asked tho man where he camo from, and ho said "from l'almcrston," and was going to Ashhurst. Ho had an open scar on the side of his mouth, also nasty bruises on tho cheek and nose. Tho man stated that he was having a bad time, having spent £200 in a few days. Ho (witness) drove him into Ashhurst, where he got off tho cart, and disappeared along the street. The man was a completo stranger to witness, and it was not Powelka, whom ho knew well. Ho mentioned the matter to tho local constable.

John Williams, roadman at Ashhurst, saw tho man described by last witness when ho got off Keen's cart at Ashhurst. He was a very dark-complexioned man. Witness saw the man again on Sunday, and was present, later in the day, when the man was pointed out to Constablo Watts. The man had one of his fingers bound up: Ho had not seen him since.

The Cartridges Re-Introduced. Henry Hale, mechanical engineer of Palmerston North, remembered the day following the shooting of Sergeant Maguire. He was in tho U.F.C.A. store on that morning, between 8 and 9 o'clock. Ho saw a man come in, and purchase. some revolver ammunition. Ho had never seen Detective Quarter'main until Monday last, but, to the best of his belief, it was Detective Quartermain who bought the ammunition. Ho saw him quite distinctly. To Mr. Loughnan: Witness was not prepared to swear in tho faco of the testimony to tho contrary that it was Detective Quartermain whom he had seen in tho TJ.F.CA.

Frank Jack, street lamplighter, said that, on the night 'of April 10, he lit the lamps in Ferguson and Alexander Streets. The lamps were left alight all that night. All the lamps were alight in the morning when witness went round to put them out. In Dim Light. Chas. Henry Percy, surveyor, produced an almanac showing that the time of the sun's setting on April 10 was 5.33. There would not be any daylight at 7 o'clock that night. An hour after sunset it was practically - dark. He remembered the night of April 10. It was a very dark night, rain falling. On May 11 witness and several others went te Hampton's residence, and made a test as to how far a man could be seen. It was about ten minutes to 8 that night. Witness stood under the tree 9 where Hampton stood on the night of the tragedy. Mr. Moore, who was also present, went in the direction of where the man was supposed to have jumped over the fence, and witness lost sight of him before he got to that spot. Witness could not see Mr. Moore when he got to the gateway, where lihe man was said to have disappeared." The night was very similar to tho night of the tragedy. He was present at another similar test last Sunday night, when it was much lighter, and could not distinguish a person straighten himself up, and put his hands in his pockets at the distance stated by Hampton.

A Doctor's Evidence.

Dr. G. Wilson remembered April 10, when he attended Sergeant Maguire. Ho saw two men outside Hampton's front gate, but did not know either of thom. Witness went into the house, which was in darkness, and saw Maguire lying on tho floor in the passage. Detective Quartermain was with hira.< Detective Quartermain was in a very nervous and exoited state. All, in fact, were excited except' Maguire, whom he attended to, and he was taken to &e hospital. Afterwards Detective Quartonnain. showed witness \his revolver and he (witness) noticed that two shots' had been fired out of it It appeared to witness that he (Quartermain) was very excited over it all. He told'witness what had happened and stated that he and the sergeant and a constable had gone to Hampton's raises. The sergeant went towards the' front of the house, he (Quartermain) tftwaTds the back, and, when ho heard the sergeant call out, he ran back He said that he had seen a flash, heard a report, and he fired two shots, and tie sergeant fell against the house. If a man wore bit in the face with a pair Ol handcuffs with an ordinary blow he would bear the mark for at least a fortnight. .

■To Mr. Loughnan: The bruises would hist a fortnight. It was surelv a matter as to the force of the blow* and the manner m which the handcuffs were held., A thick mask would save - the face, but a bruise could be inflicted through almost any cloth. Witness did not mean (in his evidence in chief) that De active Quartermain inferred that the sergeant fell as the result of the shots which ho fired, but he certainly stated that he fired at the flash, and tho sereeatit then fell against the house--11.11.I 1 . W Bond gave corroborative evidence, as to the tests made as to how far a man could bo seen on the road in front of Hampton's house. His Honour thought these tests should have been made at an hour at which the conditions would be practically the--same as on the night of the shooting. It was a pity .that this had not been done.

Reginald Bagnall gave similar evidence to the last witness as to the tests made. Hampton was present, and said that he could not understand why he could see anyone cross the road, as he said that the night was almost similar to April 10. This colluded the case for the defence. Mr. Lougluinn asked if his Honour thought that he should call evidence in rebuttal of that which stated that Detective Quartermain was in tho store of the U.F.C.A. on tho morning after the shooting. His Honour sail he certainly thought that tin's should ho done. John Perry, storekeeper, Longburn, was then called to rebut the evidence given by Wingate. He deposed to selling goods of tho class mentioned by Wiiigato on the previous day. Constable King deposed that, on the morning following the shooting, a little after eight o'clock, ho went with a party (including Detective Quartermaini to Foxton line. They were awav about an hour. Quartermain went into the station to report matters to SubInspector O'Donovan.

John F. Manning and Sub-Inspector O'Dpnovan gave corroborative evidence as to the whereabouts of Detective Quartermain at the time when it was asserted by the witness Hale that lie was in the store of the TJ.F.C.A. This concluded the whole of the evidence. - Jury Willing to Continue. Mr. Moore asked if his Honour proposed to continue the sitting then, or adjourn till the next ' morning. He would prefer the latter course.

The foreman of the jury intimated that the jury was willing to sit on, but his Honour said that he thought that it would bo to- the interests"of all concerned to adjourn to nest day. He pointed out that Mr. Moore would probably occupy at least two hours in his address, and ho would bn followed by the Croivn Prosecutor He would himself take some, timo to sum up the evidence, and it would be a very late hour before the jury cou|d retire. He pointed o'lt that, once they did retire they would have to attend to business, and could have no comforts, nor would they be able to go to bed. He thought, therefore, that it would bo best to leave air,this to tho noxt day, and ad-< journed the court till 10 o'clock on .Saturday. !