POWELKA.

Manawatu Herald, Volume XXXII, Issue 833, 30 April 1910, Page 3

POWELKA.

before the court

Joseph Powelka was brought before Mr A. D. Thomson S.M., at Palmerston North yesterday, to answer the various charges against him. Mr C. A. Loughnau, Crown Prosecutor, appeared on behalf of the Crown and the accused was represented by Mr H. G. Moore. The first charge brought against accused was that he did break into the shop of Dixon Bros, on July 13, 1909, and steal therefrom a steel valued at 10s.

After hearing the evidence for the prosecution his Worship said it was a well-known fact that accused was a butcher, although it had not been stated in evidence. The steel was a small article, and under the circumstances might have come into prisoner’s hands honestly. It might have passed through a number of hands, and even if it had been stolen from Dixon’s, seven months had elapsed, and his Worship did not think accused should be called on to explain possession. The case would be dismissed.

The next charge was that accused did break and enter the house ot Helen Mackay in Campbell street on or about January 3, 1910, and did steal therefrom goods to the value of ,£ls. Evidence was given by Annie Ross, sister of Miss McKay, Eaura Ross, daughter of the previous witness, and Ivy Alsop, dressmaker, employed by Miss McKay, who all identified the goods as belonging to Miss McKay. Detective Quirke staled that on February 26 last, accompanied by Constable Bar.y, the prisoner being also present, he visited 107, Church Street West. The goods produced were distributed appropriately throughout the house. Mr Loughnan mentioned that he was not able to call Miss McKay, as she was ill in a hospital in Dunedin. If his Worship thought there was already a prima facie case to answer counsel said he would not wait to call Miss McKay. His Worship said that while the evidence of the principal witness was wanting there was other evidence strong enough to send accused for trial.

Powelka pleaded not guilty, reserved his defence, and was committed for trial at the next sitting of the Supreme Court. The next case was the charge of arson at Miss McKay’s residence and Mr L,oughnan announced that the evidence in this case was exactly similar to that given in the theft case, and his Worship said accused could be indicted on the depositions already taken. The charge was therefore added to that of theft from Miss McKay’s, on which accused had already been committed for trial.

The next charge was that of stealing a bicycle and after hearing the evidence for the prosecution, accused reserved his defence and was committed for trial.

Powelka was then charged with escaping from legal custody at the Palmerston Gaoh

James Gleeson, gaoler, gave evidence as to Powelka being in witness’s custody on March 12. About ten minutes to twelve he escaped from the prison yard.

Denis O’Sullivan corroborated the last witness’s evidence as to the escape. On March 14 he assisted to re-arrest accused on the Awahuri Road.

Accused reserved his defence, and pleaded not guilty, and was committed for trial.

The Court then adjourned till 10 o’clock on Monday.

On Monday next at 10 a.m., Powelka will be charged in connection with the Foxton Line sticking-up case. It is thought that this and other charges will be disposed of by Tuesday, and on Friday the prisoner will be charged with the murder of Sergeant Maguire.