TRIALS OF POWELKA.

Dominion, Volume 3, Issue 836, 7 June 1910, Page 5

TRIALS OF POWELKA.

$ . ANOTHER ACQUITTAL. THE AFFAIR AT AWAPUNI. (By Telegraph—Special Correspondent.) Palmerston North, June 6. The second trial of Joseph Powelka, charged with robbery under arms at Awapuni on April 2, was heard in tho Supreme Court to-day before his Honour Mr. Justice Cooper and a jury of twelve, of which Mr. Claude Flyger was fore-

The evidence for the prosecution was identical with that tendered at the first trial in which the jury failed to agree. For tho defence. Mr. Gifford Moore called the accused, who stated that he was never near Kendall's premises on the night in question—he was in his camp at P. S. M'Rae's on the river-bed near Stoney Creek. He had two revolvers in his possession, but was only shooting rabbits on the river-bed with them.

Gross-csmnined by Mr. Loughimn, accused stated that lie left Wellington on tho day of his escape, Wednesday, March 23. He travelled partlv bv 'dav and partly by night; spending the first'night at i'oriruo. Next day he went on to Paeknkariki and from there he travelled to Longburn in a cattle truck on the late, train on Thursday night. He stayed there all day on Friday and broke into the store, at Longburn on Saturday night. He then went to his camp at M'Rao's. He never travelled through Awapuni at all, but made his way along the Kairauga and Boundary Roads lo Pnlmerston.

Alter addresses by counsel his Honour summed up very strongly against the prisoner, and the jury, after being away for about an hour and a half, asked permission to visit the scene of the alleged robbery, which Vas granted. Shortly after returning from the visit the jury came into tho Court with a verdict of "not. guiltv." They added a rider lo the effect that the'y had no doubt that the robbery took place, but they were not satisfied with the evidence of identification by Mr. and Mrs. Kendall.

Prisoner was remanded till Wednesday for sentence on the charge on which he had previously been found guilty, and the others to which he had pleaded guilty.