MONDAY NIGHT'S TRAGEDY.

Horowhenua Chronicle, 14 April 1910, Page 3

MONDAY NIGHT'S TRAGEDY.

HOW MICHAEL QUIIUvE WAS KILLED. " DEATH KKOM MISADVENTURE." Tlio inquest following on tlui rko I in the Mn gist rate's Court yosu!it-iI.V | before Mr A. I). Thomson, ActingCoroner. Inspector Wilson conducted the examination. Tin; .Magistrate said that if anybody so desired lie would havo a jury enipaunelled. Detective Quirke, brother of deceased, had said that lie would not require a jury, as did also Inspector Wilson. •Mr Overt-oil said lie was perfectly satisfied to do witlioiiifc a jury and would not be represented by counsel. John Charles Trognrtlia, East street, said that on Monday at 7.30 p.m. lie stood talking at his gate with Messrs .lours and Torsteiisen. Witness had an acetylene bike-lump. They were 33 yards from Church street, where a large crowd of people and several motors were standing. Somebody at the corner sang out "I'owleka! I'owelkal" Looking towards the river in East street, he saw a man coining towards him from 30 to 10 yards away amd turned his lamp on him. The man, who had a revolver in his right hand, continued to advance. Two men then came down East street from Church street close to the fence on the far side. The fore-most sang out, "Hullo .Mister! wiio are you!"' There was no reply. The same voice tlim said: "Stop! Stop! or 1 lire!" Tlio man did not stop, but .stooped. Thev were then about 20 yards apart. The challenger repeated the .same words. As the man crouched lie held the revolver in front of him. Somebody cried: "Look out, he lias a revolver!" There was ample time between the last challenge and the time the shot was fired for reply. The man in advance fired, a.ud deceased full on his lace, 'the shooter and the victim were then about 1") yards apart. Deceased had not said a word but must have lieard the warning. He held his revolver in such a position that it could have been instantly used.

Dr. P. T. Putnam deposed to attending on deceased as he lay at the hospital. The case was hopeless and the victim died before midnight. Before seeing the hat produced witness concluded that the wound was caused by a charge of shot coining from above or behind The hat .showed it to have been a bullet which snick the top of the head above the forehead and carried awav the top and back of the, skull a soft bullet, which expanded. shot by a man standing up against one stooping.

Albert Oliver Torstensen. photographer. ol No. !) Last street, corroborated Tregurtha'.s evidence. He went, into his own gateway. There did not appear to he much excitement. Saw Sergt. Tlowden walk down the western side of F/isit street opposite witne-ss and noticed a. .nan advancing on his left. Could see him quite plainly as there was a good light on him. Heard. Sergt. Rowden challenge. The niaai onme silently on towards witness. He had a' bright revolver in his Inuid. Heard the second challenge: "Stop, or I fire!" from Sergt. Bowden. The man made no reply. "Witness called out: "Look out he's got a revolver!" Deceased then crouched with his revolver on his nght hand, the arm .as if to fire. "Witness ran to his verandah after the last challenge and the shot was tired as he reached it. see the man's alee, but by his actions thought it was Powelka, who luid lived two doors from witness for three months.

Sergeant Charles Bowden, Fe-iI(U ing, said that on Monday he was ordered to proceed by motor to the Princess Family Hotel, and take instructions from Mr Overton, as Powelka had been firing in the vicinity. Found Overton on the footpath, with the carbine produced. Witness told Overton to go into the front of the ear, and direct the driver. Richards reported heinn stuck up on his cart, and wanted a gun. At the corner of Fast and Church streets there was a large crowd a.nd a man complained that Powelka had stuck his wife up a minute before in Church street, close at hand. They searched and found nothing. With Overton he walked down the western side of Fast street. A cry was raised bv the crowd "Powelka! Powelka!" Wit ness, telling Overton to lookout. get down on his knee, and looking down East street, saw a man crossing the road on an angle towards him. Witness sang out: "Stand! Police! Who are you?" The man made no reply and ducked. Somebody opposite called out "Look out. He's "got a revolver." W illness challenged again, but received no reply. Again came the caution that he had a revolver. Overton said: "Stand hack, or I lire." The shot was then fired. Wi.lnc,«.s then discovered it irns Michael Qui rice, and said : "It's little .'Mick, Tom's brother." _ He had the revolver produced in his hand, fully loaded. It belonged to witmess who gave it to Quirke in the motor car. Witness asked who fired the shot? Overton said he did.

Walter Henry Overton made the following statement: On Monday at 7 p.m. a man came rushing into tlie hotel in a.n excited statu and said "Ring up .the police. Powelka is at my back door." Witness did-as requested, and said he would direct the police to the place. When the car pulled up witness got in beside the driver, telling _ him _ to drive on, and he would direct him. A ladv standing in at a gate said, "He has just inn. down Ferguson street." Sergt. Bowden then sent some police cW./n Ruahine street. Witness went up East stieet towards the railway line. They met a mail in a trap, who pulled up in a very excited state and said th.at he had been stuck up by Powelka. He asked witness if lie had a. gun or a rifle that he could put in the. cart, and said Powelka was not far away. Went long East street to Church street, but saw _ nobody. Thev walked back on the right hand side' of Fast, street, and someibody called out "Powelka! PoweMvi!" Witness was a little in front of the Sergeant, who challenged a figure coining along the road. There was no replv, and the man walked across to the other side of the street. Tlie Sergeant then called out "Stand," three times, and threatened to shor,t, Deceased was on the opposite side of the street. Somebody called out that lis had a revolver, and witmess moved round to the other .sido of his companion and called out to the people on tho other side of the road to get out of the lino of fire. The man was in a crouching position with his revolver placed in a position to fire. Somebody'called out: "Look out! Ho's sroing to shoot!" Witness saw that the man was aiming at him, and wv it was a question of who fired first; so ho shot. He could not st e whether the man was shot or not Somebody called out for a ligit, and witness saw he had shot tlie wrong man. When somebody asked who did it he admitted having fired Hie shot. "DEATH BY MISADVENTURE." The coroner returned the following verdict: "That the said Michael Quirko died by misadventure, that

is to say, from a wound caused by a gunshot Ural l>y William Henry Overton, in self-defence, each at the time believing the other to bo one John .Joseph Powelka, an escaped prisoner, wlio was known to be armed and who was suspected of having already used firearms to resist attempM arrest, and the deceased <ifc Ui;< 'lime itfui s:'i:l WM- 1 liam Henry Overton 'ire! at !ii,i ■ having the same William .'lcn.iy . oVol'toil ""T'oveßrvl--, J„»v. jy' volver, and apparently shoot."