DISCHARGING FIREARMS.

Manawatu Herald, Volume XXXII, Issue 831, 26 April 1910, Page 3

DISCHARGING FIREARMS.

CASE AGAINST McMINN,

At the Magistrate’s Court Palmerston N., yesterday, the case arising out of the incidents which occurred on the evening of Monday, April nth, were brought on. The charges were that Francis Alexander McMinn did on the nth April, at Palmerston North, with intent to intimidate Neil Shields, discharge firearms at the dwellinghouse of the said Shields, in F'itzroy street, Palmerston North ; also that he did demand admittance into the dwelling-house of the said Shields, and with a show of violence alarm the said Shields. Further, that without authority of the Palmerston Borough Council, he discharged a firearm so near a public place, to wit Fast Street, as to annoy the neighbours, contrary to the form of the by-laws. Further that he did assault one Mark Elliott Eaybourne; and further that he did assault one Edwin Pratt. The case of assault on Mark E. Eaybourne was called on first. Mark E. Eaybourne said on the evening in question he left his house just after sis. Witness rode on up Mr Baldwin’s drive, and he then heard someone call out. Witness looked round and found a man covering him with revolvers. Witness dismounted, went back to the man, and said: “What might your name be ? Is it Powelka ?’’ He replied “Yes, and don’t you forget it.” He caught hold of witness’s hand, and witness said “That’s all right.” With that the man let go witness's hand and went away. Witness only knew defendant slightly. He saw him next day in company with Detective Siddells. Detective Siddells stated he saw defendant on the morning of the 14th. He was at work. Witness told him he was instructed to clear up the scare of Monday night, and asked him if he would mind going up and seeing some people. He assented, and they went up about 5 o'clock in the evening. On the way up witness asked deleudant if he had not fired the three shots and stuck up some people. He said “Yes,” and stated that he had stuck up Pratt, Eaybourne, and Richards. They went together to the shed at the rear of Shields’ place, and defendant explained that he went to the shed on the Monday night, opened the door, and struck a match. Something rushed out, and he fired three shots. They then went away and met Leybourne, who said he did not recognise defendant as the man who stuck him up. Defendant said: “It was me; I had my teeth out.” He then took his teeth out and spoke, and Eaybourne recognised him. Defendant said he had had a few drinks. Defendant was quite frank about the matter. He did not attempt to hide anything. The following evidence was called for the defence. Francis Alexander McMinn said he, S, T. Hunt, Sutton and Slattery had offered themselves as scouts on the morning of the nth. They had been out all day, and worked round Hokowhitu. At about four o’clock Slattery and defendant went to the police station, and Inspector Wilson told them to be at the Fitzroy street rendezvous at dusk, to have messengers ready to send for the police if anything happened, and the police would have a motor car ready. Slattery was to meet him at the corner of Ferguson and Rnahine streets at 6.30, but he did not turn up. Slattery did not arrive, and while there Eaybourne rode past. He had leggings or gaiters 911 and defendant suspecting him for Powelka challenged him and presented his revolver. He was sober at the time.

Stephen Hunt gave evidence to the effect that he together with McMiun and others were looking for Powelka on the day in question, but he did not see defendant after 10 o’clock. This closed the case and his Worship said hfe would like to take time to consider the case and an adjournment was made until 9 o’clock to-day.

ONE MONTH’S IMPRISONMENT, AND FINED / 5 . (Special to Herald). Palmerston N., This Day. Mr A. D. Thomson, S.M., gave judgment this morning in the cases against F. A. McMinn. On the first charge, that of sticking up Day bourne, he inflicted a fine of £5, and sentenced accused to one month’s imprisonment on the other charge.