THE POWELKA TRIALS.

Dominion, Volume 3, Issue 833, 3 June 1910, Page 5

THE POWELKA TRIALS.

AWAPUNI AF'FAIR. THE JURY FAIL TO AGREE. (By Telegraph.— Special Correspondent.) Palmerston, June 2. In the Supreme Court to-day the charge of robbery under arms was taken against Jos. Powelka. In empanelling tho jury, the Crown 'Prosecutor made , full use of his privilege to challenge and make jurymen' stand aside. Mr. W. Hunter was chosen foreman of the jury, and Mr. C. A. Loughnan (for .the Crown) detailed the circumstances of the case.

John Kendall deposed tlmf, on the night of Saturday, April 2, about il o'clock, ho and his wife returned from Palmerston to their home at Awapuni, about two miles down the Foxton Line. On arriving home. he at onco noticed that the house had been ransacked, and, on going outside to investigate, was stuck up by a man whom ho recognised as Powelka, although the latter was wearing a mask. Mrs. Kendall then came on the scene, and she also was ordered to "bail up," and hand over any money that they had. The man had a revolver in each hand, and, to prove to them that he was not "fooling," he poked one of the weapons in Kendall's face, and also fired a shot past Mrs. Kendall's face, which caused her to scream and faint. The man was given a shilling. Witness was positive that the man was Joseph Powelka, as lie had worked with him at the abattoirs for about eight y months. The man made off when the light of a bicycle lamp was seen to be approaching in the distance. Pauline Kendall, wife of John Kendall, gave corroborative evident*. She also recognised ' the man as Powelka, whom she knew. John Cook, who was riding towards Longburn from Palmerston on. the night in question, gave evidenoe as to hearing a woman screaming, and finding the Kendalls in a greatly agitated state. The Crown Prosecutor did not address the jury, ' For the defence, Mr. Gifford Moore sought to show that the evidence of .the. Kendalls was a mere "cock-and-bull story," which should not be given credence. His Honour stated that counsel for accused had sought to discredit the. evidence of respectable witnesses, and had practically accused them of wilful and deliberate perjury—an allegation for which there was not the slightest ground. His Honour went on to point out the salient points of the evidence, and summed up very strongly against the prisoner. At a-little after 12 noon the jury retired, and, at 5.30, they returned and announced that they could not agree. A new trial will be held on Monday. Powelka was further charged with breaking and entering the butcher's shop of James Frances, at Longburn, and stealing therefrom a number of articles of clothing and food. Accused pleaded guilty. This left remaining the charges of arson at Millar and Giorgi's, and attempted arson at P. Slattery's, but the Crown Prosecutor announced that lie would not proceed with these cases. When first arrested on charges of burglary, Powelka made a statement to the police that a man named Archie M'Rae was responsible for his depredations in this direction. After scouring the country the police found a man of this name, and somewhat answering the description given by Powelka, but, on being brought face to face with the latter, Powelka failed to identify him;