POWELKA'S TERM.

Dominion, Volume 3, Issue 876, 23 July 1910, Page 7

POWELKA'S TERM.

REDUCTION REFUSED. FURTHER PRISON REFORM. BOARD TO RECOMMEND i •■■■;■-■ REMISSIONS. ;.' A deputation of about twenty perteons, including the representatives frfim '.Wangamii and othor districts, waited lon. tho Hon. Dr. Findlay, Minister for' Justice, yesterday, to ask that tho three ' eentences of seven years' imprisonment passed.upon Powelka should be made concurrent, instead of being cumulative. •Sir. D'. M'Laren, M.P., introduced the deputation, and Messrs. Wright and Hogan, M.P.'s, were also present. Mr. M'Laren said there was a strong Seeling that the sentenco imposed was ■too great. - ■ . ■ ■ Mr.. W. M'Leari said ho had brought Tvith him a petition signed by 14,120 persons in favour of a-reduction in the sentence. There was no desire to impute anything against Mr. Justice Cooper, who was recognised to be a very -humane man. He thought' that an expert medical board should be appointed to. ascertain Powelka's mental condition at that time. "He .is otir ■brother," added Mr. M'Lean, "and we ■don't know what was tho state of his mind whilst he was being hunted 8-bout." ' / i ' "Only Minor Crimes." Mr. Hogan, member for Wanganui, Baid that Powelka. was not responsible, ■ for either of the two deaths which took place. In the' opinion of those whom iie represented Powelka committed only . \ * ■ aninor crimes. ■ Mr. Gray (Wanganui) declared that toiost of the offences would/never have been; committed if Powelka had not been allowed to escape from prison. It ■was felt that the sentence had been increased in view of his antecedents. He knew - settlers who would give Powelka remployment if he wero free. Had ho \Teceived a sentence of seven years in all they would have felt it would have been sufficient. 1 ■'■ The Rev.- Mr. Seymour (Petone) declared that three-fourths of the people in his district were amazed at the sentence; A shorter sentenco would have better "answered the purposes of protecting tho public and reformation of ■the prisoner. , Mr. Evans (Petone) stated that in the course of his journeying from ono ■end of tho Dominion to the other he lad found that the people generally vere horror-stricken at th 6 sentence. Messrs. Egan (Pahiatua), R. W. ■ Hogg (Wellington), and R. A. Wright, M.P., also spoke. . . ■ . / DR. FINDLAY'S REPLY. THE CASE REVIEWED.'. : Dr. Findlay said that he was genu- ■ inely impressed by the petition, but he "" was ■' equally impressed by the gravity and of the step he was asked to take. There were only two ' distinct cases in which it was his duty to recommend the Governor to reduce a .sentence—First,, where-..the sentence was bo obviously unjust and excessive that no reasonable judge would have imposed it; and, secondly, where a prisoner had-by: his good conduct in gaol shown that he had been sufficiently ■ punished, and was.reformed :and it-for : liberty before--tho expiration of his term. The first.class" involved.,air..the grave"dangers of the Executive of the ' ■'. day retrying a case and interfering with, or over-ruling the decision of, a Court of Justice—a- step without precedent in New Zealand—whilst the second class . was provided for under our reformative prison'system. The , deputation's request was clearly mado on the former ground.C " ■- ■ Tho Gharges. . The first group of : crimes charged against Powelka, to each of which offencos:. he pleaded guilty, comprised seven cases, of breaking and entering prior to his first escape. After Ilia second escape ho committed a second group of oirences,. viz., five burglaries, of which he either pleaded guilty or was convicted.- Within this period he also wilfully burned down tho Palmerston Aorth High School. Powelka was also charged, with robbery under *in • April, but evidence of identity was not '. sufficiently conclusive. Then again, in a case.where. he was charged, with attempted arson of a house the finger--print expert swore ■ that finger-print impressions upon a. bottle were identical with '.those"'of the person who set fire, to the school, but Powelka was not convicted. In another.case he was charged u'ith breaking and entering another dwelling. There could be little doubt but that the., person whom' ger- •. • ; geant .M'Guire , endeavoured to arrest on Hampton's lawn dropped tho ■ hat there that was stolen from this house, ' but for various .reasons it was -useless for the Crown to proceed with this charge. Powelka was further charged with the murder of Serueant M'Guire but the jury declared that tho evidence of., identity was not sufficiently conclusive. An Important Point.. It was also important to remember that'tho jury entirely exonerated Detective Quartermain from..tho. suggestion of the defence that it was a shot from his revolver which wounded' Sergeant M'Guire. After carefully reading the. notes of evidence"he. (Dr. Findlay) had no hesitation in saying that from tho evidence there were ver? grave grounds for suspicion that the" prisoner was the person who fired' the fatal - shot. He was nevertheless of opinion that the jury.were justified in their conclusion that tho evidenco did not establish that essential fact. IS had been stated that the hunting after his escape drove Powelka to violence and ■ermio.. 'How could that be Veconciled with the long list of burglaries he was . committing whilst, still undiscovered and unmolested, ho 'lived in Palmerston? When he was engaged in that nefarious business of house-breaking he had disguises for his trado-ho had re- • volyers, and he had specially-altered bullets—viz., dumdums. Tho • first period of seven years was imposed for the seven burglaries committed by 'Powelka his escape from • ... .cnetodT,' and tho maximum penalty fixed, by. law,.for each of these offences was fourteen years. The second period of seven years was imposed for the distinct set of burglaries (committed after his escape) at" night when ho was undoubtedly armed with a deadly weapon. Here, again, tho. maximum period fixed by law was U years in respect of each burglary. Tho third period of seven yuars imposed was ror .arson—the malicious and wanton destruction of tho Palmerston North High School. Tho maximum sentenco for that offence was life. Dr. Findlay urged that the sentcnen in regard to none of these- series of crimes could bo called excessive, Reduction For Cooti conduct. AlthoHgh the total of these periods .was 21 years, the actual term to be served by Powelka, if he behaved himself in prison, would be within fifteen and sixteen years. Though declared an habitual criminal,, ho could apply to a judge at tho end of his term to be discharged on tho ground th;:t ho had reformed. If Powelka followed tho lines of good conduct, there nouJd he nothing in )m treatment .that could bp called penal. Under tho new scheme a prisoner would also get a money regard in respect of his labour, which

ho might send to his people or have I retained for himself, as the ease might bo. Powelka was not punished in any way in respect of charges of which ho was acquitted. The judge had stated .that ho did not allow these suspicions to in any way influence him. Whilst his Honour was bound to dismiss these unproved charges Irani his mind, . lie was, however, also bound to coiisidei all tho proved circumstances connected with these 'crimes. The crivues committed before the- escape from custody were done all at night, and Powolka was arrested with disguises, loaded revolvers, and "dum dums" in his nnsscsaion. It, was cieai from tho evidence that he would have used the revolvers on Constables Thomson and Gallagher if ho had not been perceived. Tho judge must have recognised- therefore that in tho method and sequence of his crimes and in his general conduct, Powelka showed himself to be possessed of a dangerously criminal nature. Tho first duty ol a judge in criminal cases was reasonably to protect tho safety and property of the community from a dangerous criminal. The test of- his right to interfere was not whether he himself would Jiave imposed the sentences, but whether they were such that no reasonable judge could have imposed them. In. his opinion it was hopeless to suggest tliia. Further, lie believed that tho sentences imposed were not only . deserved by the offender, but .were necessary for fho protection of the community. - Disgraceful Newspaper Attacks. "Mr. Justice Cooper," said Dr. Findlay, "is a humane, painstaking, and able judge, and some of the attacks that have been mad© upon him when conscientiously trying, to do his duty by several newspapers in this country can only fitly be called disgraceful." As the sentence- had practically only begun, it was far too soon to discuss remissions for good conduct. Dr. Findlay also stated that he had official information and medical reports which would render it necessary for the prison' authorities, . including the Minister for Justice, to exercise the closest investigation of'Powelka's behaviour and character before ho was again set at liberty. He did not think that thoir general publication would do any good, but as ho did not wish to make any mystery about them ho : would allow the reporters and leaders of tho deputation to see these i documents, leaving it to their good sense and discretion as to what use they would mako of the information. _Thc medical reports showed "Powelka to be a man of dangerous abnormality who could only be set at liberty after close scrutiny by trained observers and over a lengthy period. These documents, howover, were not before tho judge when ho passed sentence. His plain duty compelled him to' decline the request of tho petitioli for a reduction of the sentence. Sworn statements. Dr. Ifindlay, at tho request of tho deputation-, then read the documents, whioh comprised sworn statements by medical practitioners and residents who were, well acquainted with Powelka.'The former alleged that Powelka was a sexual degenerate—one describing him as "a-human monster" —and the latter alleged- that he had been guilty of gross cruelty to his wife.. Mr. M'Laren asked if it were true that certain documents came before the Judge which were not evidence. ■ 1 Dr.. Findlay: That is not so. Mr. Hogg: Have, you Powelka's- reply to the documents; it has been published? Dr._ Findlay:, I have heard, that. Mr.' M'Laren said that the documents only went to show 1 ," in his'.opinion, that at the time Powelka was. suffering from a plague of a t'e'iy.violent kind;' ''"Was it possible that his .mental -condition could bo_ considered from time "to timo? Dr. Findlay: I can give you my assurauco that that will bo done. Mr. M'Laren: We would like to have independent observations taken. Dr. Findlay: Our officials, Dr. Hay and Mr. Kayll, are very competent men. ' ' Mr. M'Lsari: But outside men would not be inclined to bo biassed. ' New Prison Reform Bill. Dr. Findlay said that under tho now Piisoii Reform Bill it. would not bo a question as to whether the medical officials thought a prisoner, should be allowed-his liberty. He' proposed to establish a board which would have a right to recommend remissions of sentences, and that board would consist of a Judge of tho.Supreme Court, an expert in penology, and. probably another expert. The board would comprise not more than five members, nor less.than three. Everybody would bo satisfied with' tho new board. Mr. Egan: Wo only want you to vary the sentenco; that could'be done, seeing that Powelka has been made an habitual criolinal.. "I don't think that wo could advanco the matter further by additional discussion," rejoined Dr. Findlay. Beforo the deputation withdrew, Mr. M'Laren said that it should be explained that the contents of tho documents which had been read were fairly generally known.