INQUEST ON SERGEANT MAGUIRE.

Manawatu Herald, Volume XXXII, Issue 828, 19 April 1910, Page 3

INQUEST ON SERGEANT MAGUIRE.

V PjUDICT dp wtbpcb mckdpk

The inque.d touching the death ot Sergeant Maguire U»ok place at the Courthouse on Saturday, hefore (lie Coroner. Mr A. D. Thomson. S.M. The Pillowing jury were empannelled :-- G. 11. Bennett (foreman), Jas. Mowlem. M. A. Kliott, 11. (’o)ee. A. Turner, iiml \V. Heed.

Mr C. A. Poiighnan appeared for the police. The Coronet* Mated it was proposed to view the scene of tile accident hefore commencing the inquiry, hut Mr Boughnan would first address Ihe jury briefly on lhe matter.

Mr Bougiman said it was proposed to pul such evidence before them us would enable (hem to come to deeoision on tlie matter. Jb was not proposed to place hefore tlie jury a. direct charge against any person, bub evidence of identity of some person on the premises would be given. Mr Longhnan then briefly detailed the facts of the ease, and tin* jury then adjourned to the scene of tlie t raged*. The inquest resumed shortly after two (.’clock.

Kdwanl Wilson, police inspector in char#* of tlie Wanganui district, deposed that. In* knew the deceased, John Rat rick 11aekett Maguire, who was a sergeant of police stationed at Palmerston North, lie knew deceased well; lie attended a post-mortem at the hospital, and idea tified (lie hods' as that of Sergeant Magnire. lie savs Dr. .Martin take out a. huliet from deceased’s body. Dr. Martin took charge, of the bullet. Arthur Anderson Martin, medical practitioner, Palmerston Ninth, staled he attended deceased at the hospital shortly after bis arrival there on the evening of Sunday. lie was suffering from the elleeis of a gunshot wound in the abdomen, which necesMtalod an operation. About an hour and a half afterwards tlu* operation was performed by witness. The bullet had penetrated the belly, and in its course it had torn the muscles. injured the bowels severely, penetrated the stomach front, to back; struck the spine. Round and over and in the right kidney severe bleeding had taken place, and there had been t remendons hemorrhage from one of the internal blood vessels. The bleeding was stopped, and both wounds in the stomach closed. Dr. Putnam, who assisted, and witness decided not. to search for the bullet, which could not {lien do any harm. The'man was in an extremely serious condition, and could not stand much further surgery. Tin* shock all along was extremely bad. Deceased's condition after the operation was bad all tin* time, lie math* temporary rallies, but. died on the morning of the 14th at about 6 o'clock, witness being with him all night. The injury to tin* kidney was very severe, as it practically prevented it performing its function. At U a.m. on the 14th witness and Dr. Putnam performed a post-mortem exumination in tin* presence of Inspector Wilson and Sub-Jnspeclor O'Donovan, and found tho injuries as described. The cause of death was the effects of the kidney injury and septic peritonitis due to the effects of a gunshot wound. The bullet was found embedded in the spine in the lower part of the back. It had been a richochet shot. It struck the spine high up, and doubling back embedded itself in the spine lower down, injuring the kidney on its way. A complete port-mortem was carried out and revealed no other qiuso of death. Witness look possession of the bullet (produced), and showed it to tho police officers who were present. To Mr Loughnan: His opinion was that the bullet was fired at short range, because the.skin surrounding tho entrance wound was blackened. It must have been tired at. short range. Mr Loughnan : Dan you form any opinion as to the relative positions of the man who fired .and the wounded man? Witness: 1 would not like to .swear anything. The track of the wound was upwards and to tho left. Then the bullet doubled back. My idea is that the shot was bred at close range and upwards or sideways. To Mr Thomson: It is possible the wound might have been fired by a man •'landing up at one lying down. It is more probable that the men were level ami both lying down, or that the one bred at was standing over the other. It was not jios.sibfe from the appearance of the wound that the shut was bred from a distance of nine yards, or event live yards. That was evident from the decoloration of the wound and clothes. Dr. Martin then read some statements made by Sergeant Maguire, when bis condition was very grave. The matron was present, and deceased was quite rational and understood the questions. It was 5.15 on the 14lh when the statements were made. “My brsl question,* T said the witness, “was ‘Did you know it was Roweika whom um struggled with V >Sergl. Maguires answer was; ‘I cannot actually sa\ it was Roweika or not. He had a hard hat and a mask on. i only had handeulis with me. i struck him on the lace witli them. He grabbed me and brought me down. We struggled on the

ground. I called out to ijuartermain, who came on Uu; scene uud fired two or three .-holt-.'

Dr. Matt in said he next asked : “Who fired Uu.- lii'-t .t-lml . ' ami Sergeant Maguire’s reply was —"Tin certain that Toweina men the hist shot, i m sure that was tile 1 one that, struck me. 1 elu not think it "as yuartennain's. It may have been."

The next question was, “Wore you on ilie ground when you wore shot';" ami (lie ’reply “1 was struck’lying on the ground. Tlte Sub-inspector asked to see him about live o’clock, and asked some questions, nlneli, null the replies, Here as toilous; “Have you any hope ol recovery:'’- “i have every hope ol recovery. i’owelka had the shade of the light on him. Ho had on a hard hut pulled doHit close ou his head/' "Had ho any mask’:" —"I’d be inclined to think he had.” "Were you on the ground nhen you Here shot’.' “Ves, and ho tired at me. i couldu t sv.ear that he struck me.’’

To Mr Eliott ; He was quite conscious when admitted to the hospital. Witness staled to Mr L-oughnau that he examined deceased's clothes after death. They were stained and blackened wan gunpowder about a hole apparently made by u bullet. The holes correspond ed with the direction of the wounds. Inspector Wilson showed witness u bullet (produced) at the hospital, lie recognised it by the double cross at the base and the single grove, it was ab-

solufely different to the bullet, taken from the wound.

To Mr Donnell: The sergeant was not a strong man physically, it would have boon very unwise to tell him his condition. He made no statement on his admission to the hospital; he was nut asked for any.

Inspector W’ikson, recalled, stated the second bullet produced, which ho had shown to Dr. Martin, was taken by witness from a cartridge ho got from Dot wifi vi* (Quutrcrmain at about 6.30 a.in. on the morning of the death of Sergeant. Maguire. Witness produced the revolver and other cartridges ho had got from Detective Quarterniain. also two shells of discharged cartridges. The revolver was loaded in all six chambers when witness got it, and the shells wore in the cartridge box. The revolver gave evidence of only having had two chambers discharged. Tho bullet produced anti the one taken from deceased were compared, and were different in. structure, size mid weight. To the jury: lb was undoubtedly a revolver bullet that was found in deceased's laxly. He did not think it would lit the revolver produced. It was rather large. He could not say whether deceased had ever semi Powelka. Tho revolver was not taken from Detective Quartortnain till deceased died.

Tlx.* jury examined both bullets ami tried them in the revolver. They came to the conclusion that the bullet found in deceaseds body was too small for the revolver. The oilier one fitted closely. Dr. Putnam slated that lie had hoard Dr. Martin's evidence and corroborated all witness had any connection with. As to (he revolver and the bullets lie considered tlie one produced from deceased’s body was not intended to lit tho revolver produced. John O'Donovan, .Sub-Inspector of Police, stationed at Palmerston, said ho saw deceased in Dr. Wilson’s motor car on Sunday at about 8.30 on his wav to the hospital. At about 9.10 in response to a request from deceased witness went to the hospital and miw him in tho wank On expressing regret, and asking why lie did not take a revolver with him, deceased replied: “I'm glad I didn't, 1 wouldn’t have used it at any rate. 1 might have shot him, but I'm heller pleased that he shot me.” Owing to deceased's condition witness did Amt* pursue Iho matter further. At 5 o'clock, on the morning of the 14th, witness again went lo the hospital, ami saw deceased in the presence of Dr. Martin at* about. 5.25. lie recognised witnei-'S. who asked: “How do you feel now?” He replied: “1 am very weak.” Witness asked; “Have you any hope of recovery?" He replied: “Oil, I have every hope of recovery.” The- remainder of the conversation was as given by Dr. Martin, who was present. The clothing produced was handed to witness by one of tho nurses at. the hospital as Sergeant Maguire's. Detective (.Quarterniain was not aware of the Sergeant’s death when Inspector Witson secured his revolver. Detective CQuartermain handed tho revolver over in Ids bedroom at tho Pmpire Hotel. Witness demanded that the revolver ho handed over, and the detective did so readily. Before- the fatality witness had seen Detective tQuartcrnuun’.s revolver. He could not identify it. but it was exactly similar to the* one produced. It was not a regulation revolver, but a. private one. To the jury: He <1 id nob examine the clothes before deceased died. Deceased, in conversation after Ids admission to the hospital, did not mention who ho believed hail shot. him. Witness was under ihe impression that he referred to Powelka. hut could mu swear to it

Krle Hampton, butcher, carrying on bnsinesis in Palmerston .North, said lie lived in 51 Kergllson street. He knew Joseph I’owelku, who was employed by him from March 13 to July 3 of last year. On Sunday evening last witness decided to watch Ids premises from outside. He went. out. between 7,15 ami 7.30, and stood against one of the trees in the drive. As if, was raining he wind, inside and decided to sit- on the end of the verandah. Hut a, thought flashed through his mind that if the police came, they might ta ko him for Fowolkn, and In* gvl ;i bullet. hy m i.-Ta ko, ao Ik* took a. heavy ;->tick ami went, out- the front, gate, taking- uj> a- position at Ihe cdmer of his section nearest Kitzherhert street. He was leaning' against his fonee on (he footpath ami had keen standing' there aifout half an hour when he heard a thud on the gras-, on the opposite side of the road, aif a man had jumped the fence. The prison straightened himself up, and the impression in mind at once was: ‘'lieve's Joe.’’ lie creased (lie road and went slraigdit through the gap* Witness waited until the visitor had got behind the lirst tree in the drive, and then made oil.’ as hard as lie could to the police station. Arriving there lie told Sub-inspector O’lJonowm that he believed the man Fowrlka was at his place. The »Siib-ln»pector then sent with witness six men. They went along Church ~treet till they leached tile old brick-yard at the back of witness’s place. A man was stationed at the back boundary of Kdwards' property, one about the centre and one at the end of the property. Dunn was stitioned half-way down Alexandra, street, between Church street and Ferguson street. Quartormain, deceased and witness went on to the house. Witness remained at the street gate on guard, while Quartet-main and the Sergeant searched the orchard. After a few minuter-, they returned, and said they could hud nobody, and said witness had better accompany them to the back of the house. They went down the d rivo to the tuna 11 gate leading on to the lawn, anJ witness then suggested that one should be left at that gate, as it. was the one that was chained the night before. Witness offered to stay there himself, as lie had a stick, and tile Sergeant had said ho was unarmed. Hut the Sergeant refused to let him. Witness and (juartermaiu went down the drive, Jea.ving deceased at the gate. They had just about reached the bottom of the drive when (hey heard cries. To witness it resembled one who had received a. terrible shock, a. .similar cry having been heard from JL’owelka by witness when lie gut a fright in the shop. They immediately rushed up the drive, ami through the gate abreast of one another. Two men were struggling on the lawn in front of the house. Instantly a. Hash appeared and the Sergeant said: “I’m hit." Witness was about six or seven yards from the Hash. IJuurtermain It red at the Hash, He and witness were abreast of one another. When the smoke had cleared they discovered Maguire, who said; “T'or Hod’s sake fetch the doctor, and run for the buys." Ho then dragged himself over Ihe gravel to the from of the house, (juarlermaiu helping him. \\ it ness then went to Stockwell’s house and rang up several doctors. Dr. W ilsou came immediately. Stockwell loaded a revolver and came back with witness. They went into the hull and lonnd the Sergeant propped up there. He again asked for the doctor. After Dr. Wilson arrived witness went to the men stationed round the block and told them what had occurred. Sub-Inspector O'Donovaii was informed of the occurrence, and lie came over to the .scene, soul of Sergt. J. Maguire was said at He met the ear taking deceased to the hospital, and spoke to him. When, lliev got to the house a crowd had collected. Du examining the premises next morning witness discovered that the window on the opposite side to the drive was wide open. It was in a spare bedroom. Witness was positive the window was shut when he left the house ou the night ol the tragedy. \\ lieu witness loft the house there were lour ladies m the house. Witness was quite positive deceased called out; "I'm hit’ before Duarterinaui fired. lo Mr Thomson; He was sure he saw two men struggling on the. lawn. They were both down. After the flash witness did not hear or see any sign of a man getting away. The flush had blinded turn somewhat. About an hour afterwards, the lawn not having been searched till then, Detective Siddells and others went over the lawn, and searched it with the aid of motor lamps. The first tilings they discovered were two hats —one hard and the other a skull cap. Ho did not know whom either belonged to. They then went to the kitchen garden, and discovered footprints on the rhubarb bed in the corner of the garden. They could not lind any marks indicating that anyone had got over the fence. The lawn was then searched again, and footprints wore discovered ou the fence near the front gate as if someone had jumped the fence. Witness was of opinion Unit that was the way the assailant had gone. To the jury; While the men were snuggling there was nothing lo indicate I hat'one "of them was Howellai. Witness would not swear that the stranger was I’owtTka, but lie was satisfied in Ids own mind that it was. Howeika knew witness was in the habit of taking home iiumev on Saturday night, and lie had also Helped witness to shift, into the premises. Witness was about seven yards away when the shot was fired. He and Quarterniain naturally stopped a second or so. Then Quartennam fired, and they went on. Witness believed that if they hadn’t stopped when the flash oy-

eurred they might have got there before the stranger disuppeuicd. Witness detailed the finding of the wire stretched across the drive on tho previous night and other evidences of tho presence of an intruder. He reported these to tho police, who examined the place thoroughly, and found other traces. No one camo near the house again, and (hat was why witness watched tho place on the night of the tragedy. Detective (.Quartennaiu remembered Hampton coming to the police station at about 7.15 on Sunday, tho Bth, and stating he had reason lo believe the escaped prisoner was in his yard. Six men went with Hampton, and three were left in Church street and one in Alexandra street. Witness suggested to deceased that ho should either take Dunn s revolver or allow Dunn to go with witness, as deceased was unarmed. Deceased replied that he had his handcuffs and was not frightened. Arriving at Hampton's place, deceased and witness searched the orchard carefully. They told Hampton they could find no one, and then made arrangements lo search in l lie back of the house. Witness hail been on the premises that morning. Deceased was left at the small side gate, and they were not separated more than half a- minute before a. peculiar cry was heard, a cry hard lo describe. W itness and Hampton at onee rushed hack to the gate leading on to tho lawn. As i hey went through it they heard a report, and almost instantly witness saw w hat fie look to be the figure of a man standing on the spot where he had seen ilie Hash. Witness had his revolver in Ids hand, and instantly lin'd two shots at tlie iigure. Witness could hear the noise of the figure rushing off. Witness and Hampton then rushed in, and had not; gone more than three or four yards when he saw the ligure of a man lying near I lie how window. It was the sergeant, and he asked for a doctor. W itness asked how it happened, and the sergeant replied; “Ho was standing in the door; 1 closed with him and we fell. He shot me when I was lying on the ground.” Witness was not sure if Hampton was present, when the question was asked. Ho had gone for a. doctor. When Dr. Wilson arrived lie took deceased to the hospital in a motor cur. Constable Dunn arrived, and remained with the women while witness went to the hospital with deceased. They met Sub-Inspector O’Donovan on the way to the hospital, arid witness showed him his revolver, which still had the two empty shells in it. It was brought from Wellington by witness, and belonged to aMr Purdy,"of Wallace street, who had lent it to him. Witness had had the ammunition for seven years. The revolver (produced) was the one used. W itness had no other ammunition whatever. He took the shells out himself, and put them into the small box (produced). The revolver was now in the same condition as when it was bred.

To tile jury : Deceased was right u|) against the house when witness came up to him. lie did not agree with Hampton when he said that deceased was lying on the lawn. He was the only ollieer left on the ground when deceased became incapacitated. Witness lin'd straight from Ids shoulder at the upright figure, which was about three or tour yards in front of the bay window, lie could not say whether the flash was high or low. Detective Siddells stated he heard the three shots. He was the middle man ol lliree ill t'lmreli street. They had been stationed there because it was thought when the police entered the front ol Hampton's the intruder would naturally leave by the back. There was a short space alter the lirst shot, and the next two were in rapid succession. He would not. like to say how much time there was between the first and second shots. There was very little. Witness anil SubInspeclor O'Donovaii on arrival searched I lie road outside, and then placed pickets of private citizens and volunteers round the block. On searching the lawn they found two hats on the lawn about eight feet from the bay window. Tim green cap (produced) was one of the two. The other belonged to Sergeant; Maguire. Witness searched all round the house and the lawn, and by the. picket fence saw two fresh footmarks on the .soft ground. They were easily discernible. Inn mil plain enough to be measured. Albert liobinson, drover, said he resided at 128, I'Vrgnson street. lie was sure ihe cap (proUnced) was his. J f was I a ken out of the house the night before Sergeant, Maguire was shot. lie 101 lit banging in ins bedroom at about 5.30 i.n llie night il mu missed. He lelt the bouse at about 5.30. wearing a hardhiller. Ml' Darla ml and one daughter remained behind. Witness returned about twelve o'clock and noticed everything had been turned upside down. Urn; of the boys asked if one of witness’s lulls was missing, tin looking round lie answered: “Vcs, my cap." Thu cay (produced,) was the one missing. Hood was also taken from the house.

Thu Coroner briefly summed up, and naid it was not absolutely necessary that a verdict should bo found against an individual. It was quite open for the jury to say that the sergeant was shot; that (In' shot fit used his death; that (lie shot was fired by some person unknown. It was open for them to say that that unknown person was seen grappling with the sergeant. If they were satisfied (hat the shot could not have been lired by tjuariermain it would be only fair for thorn to say so. Mr Thomson pointed out that if they found against the unknown person it would amount; to wilful muriler, for even if lie had shot Maguire accidentally the circumstances under which lie was on the place would make it impossible to exonerate him.

Tlie jury, after a very few minutes' retirement, returned the following verdict :—“Tlie deceased. John Pat. Hacked Maguire, died at the Public Hospital, Palmerston North, from the elleers of a. gnu shot wound wilfully inflicted by the man with whom he was grappling while endeavouring to arrest him on Mr Kile Hampton's property in Ferguson street Fast on SumJav evening; April 10, 1910.”