SUPREME COURT.

Manawatu Herald, Volume XXXII, Issue 843, 24 May 1910, Page 3

SUPREME COURT.

The Supreme Court opened in Palmerston yesterday morning before His Honour Mr Justice Cooper. Mr Justice Cooper, in delivering his charge to the Grand Jury, said that with the exception of the charges against Powelka, there were very few cases to investigate. It was a matter for congratulation that there were no sexual cases of any sort in the list. In dealing with the Powelka charges, his Honour said they grouped themselves under two heads —charges of crime alleged to have been committed before his escape from custody ; and those alleged to have been committed after his second escape. The evidence to be placed before the jury would he mainly that accused was found in possession of a number of stolen goods, all or nearly all, of which were identified. Recent possession of stolen property was prima facie evidence that the person possessing it stole it unless he could give a satisfactory account of how he received such property. The next series of charges were alleged to have been committed between the 23rd March, the date of his escape, and the time of his arrest, and comprised breaking and entering, robbery under arms and murder. In connection with the breaking and entering, there was the finger print evidence. Of late years this class of evidence had become an important factor in detecting crime. If the finger prints of the person charged and those found in the place entered tallied in a number of points that was strong prima facie evidence. So strong was such evidence, said his Honour, that in some cases the chances were that in only one out of a billion times would ihe points be identical. The proportion of similar points in the present case was sufficient to justify the Grand Jury in putting accused on his trial. The robbery under arms case depended upon positive evidence. Whether or not the Kendalls’ evidence of identification was sufficient was a matter for the common jury. In the arson cases, the main evidence was that ot the finger prints, the possession of goods, and also the finding ot the High School belt at Millar and Giorgi’s.

“Now I come to the more serious charge,” said his Honour, “ that of the murder of Sergeant Maguire. After detailing the evidence before the jury, his Honour said there was firstly a chain of facts connecting Powelka with the murder; secondly, Hampton recognised his voice; thirdly, Powelka himself was armed and the bullet found in the body of the murdered man was identical with the bullets found in Powelka’s revolver. His Honour said he did not wish to say anything that would in auy way prejudice prisoner in his trial, but had dealt with only what were undoubted circumstances in the case. The charge of murder, as dealt with by the Act, stated among other things that a nan was guilty of murder if grievously bodily harm resulting in death was inflicted for the purpose of facilitating a criminal act or for the purpose of assisting flight after such a crime had been committed.” The Powelka cases will be taken on Wednesday.