POWELKA SENTENCED

Dominion, Volume 3, Issue 838, 9 June 1910, Page 5

POWELKA SENTENCED

TWENTY-ONE YEARS

PRISONER'S APPEAL TO JUDGE,

SENSATION IN COURT.

The final scene in the long series of trials of John Joseph Powel'.a was enacted at the Supremo Court. I'almcrston, yesterday afternoon, when his Houour imposed cumulative sentences, equivalent to a total of twenty-one years, and also declared, the prisoner to be an habitual criminal. . A crowd had assembled outside the law buildings long before the doors were opened at 2 p.m. and, when they were admitted, the spectators' scats were almost immediately filled. Accused appeared in court very neatly dressed. He had taken the precaution to have his moustache removed, thus assisting the impression of youthfulnesn which has been one of his distinguishing characteristics. As usual he was placed between two constables in the dock, while a number of other officers were placed handy. Mr. C. A. Loughnan, represented the Crown. Accused was not 'represented by counsel. . The List of Offences. The. series of crimes for which prisoner came up for sentence were:— The burning of the Palmerston High School on April 5. Breaking and entering and theft of portmanteau, dinner suit; etc., from H. li. Cooper's on July 27. Breaking ,and entering and theft of furniture, linoleums; pictures, etc., from Edward Hope Kidd's between December 21 and January 6. Breaking and entering and theft of pictures, chairs, bedding,, etc., from Helen Mackay's on January 3. Breaking and entering and theft of ornamental clock, etc., from James Robbie's on January 7. Breaking and entering and theft of silver, curtains, and crockery from Norman J. Metcalf's on January 24. Breaking and entering aiid theft of bedsteads, wnshstanus, pictures, etc., from Mrs. Jane Kardlcy's on Januuary 20. Breaking and entering and theft of cigars, rubber tyres, etc., from J. B. Clarkson's warehouse on February 7. Breaking and entering and theft .of sordines, tinned meats, ere, from Perry's store, Longburn, on March 27. Breaking and entering and theft of overcoat, boots, and clothing from Millar and Giorgi's on April 5. Breaking and .entering and theft of sausages and steak from James Francis's shop at Longburn on April li. Breaking and entering and of stamps from Ashhurst railway station on April 17. Theft of a bicycle from Ira Gordon in October. Escaping from lawful custody. To' all these lie had pleaded guilty, with one exception—the burning of the Palmerston High School. On that charge a jury found him guilty. Prisoner Appeals for Clemency. Asked if he had anything to say why sentence should not bo passed, accused replied: "I am very sorry for the offences I have committed, and for which I appear before the Court. ■ I hope you will be as lenient as possible with me. I committed some of the offences because, ■I had to exist. Although I was foundj guilty of the furniture stealing, I nomore stole the lurnituTO than you did,, sir!" : His Honour: Then you should not have pleaded guilty. Accused: 1 couldn't do anything else. The man I bought it off could not be found. I had receipts for it, but they could not be found either. Accused was hero considerably over-, come, and his Honour, ordered a glass of water. After that he went on in an almost inaudible voice. He was understood to say he had had a very hard life, and had practically been on his own since he was 13 years old. He referred to the murder charge. His Honour: You were acquitted of that. Prisoner: Teoplc say I'm still guilty. I swear I was never near the place. I would sooner hang than be thought guilty. His Honour Addresses Powelka. "It is a very painful thing," said his Honour Mr. Justice Cooper, "to have to pass sentence on a man as young as you are for a series of very serious crimes. 13ni I have to do my duty. I have to protect the public against . such offences.' It may be that your early life has had something to do with your relapse into crime, but you have certainly during the past. twelve months committed as many crimes (I am only referring to those, crimes .to which, you pleaded guilty, and of which you were found guilty) as an ordinary criminal commits in the whole course of his life. You commenced your career of crime on November 1 with the'theft of t a bicycle, and followed it by a series of offences of tlie most serious descriptionbreaking and entering and stealing goods from the houses of various persons in this district. You have pleaded guilty in all jo seven charges of breaking nnd entering from December last until February this year before your first escape from custody. On March 12 yon escaped. Then came another scries of offences commit* ted by you. You have pleaded guilty to five more charges of breaking and entering and have been found guilty of arson. I have a report which indicates that no doubt you have an ill-balanced mind: You attempted suicide before your first arrest. I havo to do what I can to protect you against yourself, and I have to do more. I have to protect the publio against you."

The Sentences. His Honour then passed the following sentences ;— First series of offences, consisting of house-breaking :—Seven years' hard. labour; two years for theft of bicycle; to ba concurrent. . Second series of offences after escapa from custody, consisting of. theft and breaking and entering:—Seven years' hard labour, to be cumulative after first seven years. Arson:—Seven years' hard labour, to be cumulative after two first sentences. His Honour said he proposed subject to Court of Appeal's ruling ti> declare accused an habitual criminal. Accused evinced emotion on hearing the sentences, and there was a profound sensation in Court.