POWELKA’S TRIAL.

Manawatu Herald, Volume XXXII, Issue 845, 28 May 1910, Page 3

POWELKA’S TRIAL.

The charge of murder against Joseph Powelka was continued in the Supreme Court, on Thursday, when the additional evidence was heard.

Sidney J. Tisdall, gunsmith, Wellington, gave expert evidence in connection with the various revolvers and ammunition put in as evidence on the case. He repeated what he had stated in the lower court to the effect that the bullet found in Sergeant Maguire’s body corresponded with a bullet taken from a cartridge found in Powelka’s six-chamber revolver.

The jury requested that witness should extract bullets from each of the sets of cartridges. Mrs Amelia Farland gave evidence as to returning to her house in Ferguson Street on the Saturday evening previous to the shooting, and finding a number of things stolen, including the key of the back door. (This key or a similar one is alleged by the Crown to have been found in Powelka’s possession when he was arrested). Jane Farland, daughter of the last witness, gave corroborative evidence.

Albert Robinson, boarder at Mrs Farland’s, identified the cap found on Hampton's lawn as his. It had been stolen from Mrs Farlaud’s house where he boarded, on the night previous to the shooting. S. J. Tisdall (recalled) said that he had made tests during the luncheon adjournment of a bullet taken from Powelka’s sixchambered revolver, and it weighed grains. He also took a bullet from Powelka’s hammerless revolver, and it weighed 125 }i grains. All the bullets were about two grains heavier than they should be. He had previously weighed the bullet taken from Maguire's body on scales of his own. The three

bullets had been weighed in a chemist,s shop, but he could not be certain as to the accuracy of the scales.

His Honour observed that he would require absolute tests of the weights of the bullets, as the matter was of extreme importance, and he would therefore rise at 4 o’clock to enable the scales to be found, and all the bullets weighed by the expert. The witness, Tisdall, had better stand down in the meantime.

Constable Gallagher gave similar evidence to that given in the lower court as to the arrest of Powelka at Ashhurst on April 17. When the witness got to that part of his evidence of the alleged conversation between Constable Thompson and Powelka, after his arrest on the way to the Ashhurst police station, when Thompson said, ‘‘Who shot Maguire?” and the alleged reply from Powelka was “ But who fired the first shot ? ” Powelka created a sensation by rising excitedly in the dock and saying ‘‘Your Honour, it’s a lie.” He was quickly seized, and compelled to sit down again, and the witness went on with his evidence. By Mr Moore : Powelka did not make the remark about ‘‘Who fired the first shot ?” in an angry tone. All he said was in a low tone, but witness heard the remark plainly. Constable Thompson gave corroborative evidence about the arrest of Powelka at Ashhurst. To Mr Moore; Powelka was talking very low when on the way to the Ashhurst police station. The remark as to “Who fired the first shot?” was made plainly enough. He did not know that Powelka would be charged with the murder of Maguire, and he would not have asked the question if he had known this. He, however, had asked the question to see what Powelka would say, and had hoped to get an admission from him.

The trial was continued yesterday. Stanley Tisdall, recalled, said he had again tested all the bullets in company with both counsel and the sheriff. The weight of the bullet found in Maguire’s body was 82 grains. The bullet from Quartermain’s cartridge marked with across weighed 78>6 grains. The bullet from the D.C.F. Colt (one of Powelka’s) weighed 82/8 grains. The other bullet taken from Powelka’s revolver, which on the first weighing had scaled grains, weighed 81 exactly on the second weighing. Dast night witness took the bullets from Powelka’s six-chambered calibre revolver, and weighed them this morning in the presence of Mr Graham. Each weighed 82)4 grains.

This closed the case for the prosecution.

Mr Moore in opening the case for the defence said at the present stage of the proceedings he did not propose to go into the case for the Crown at length, suffice to say that the case was one of such grave doubt that the jury could not have any difficulty in comingito its decision. The onus was on the Crown to prove not only beyond reasonable doubt that this man was shot by accused, but that every other avenue by which the crime could be committed by anyone must be closed. Counsel proceeded to state the meaning of circumstantial evidence, on which the Crown relied. He then dealt with the evidence for the prosecution after which the following evidence was called.

David Curry, farmer, said his house was on the main road from Palmerston to Ashhurst, opposite Mrs Grammar’s. At about 6.15 he went into Ashhurst, having then finished milking. He was back to his house about 7.10., and during his absence the dogs had been barking to indicate that someone was about. Next day he found that one of his cans had been shifted.

Robert A. H. Herbertson gave evidence to the effect that someone had slept in his cowshed on the Saturday night in question. Evidence was given by William Richards that the lock of Mrs Farland’s door was a very common one and a dozen makes of keys would fit It. Charles Albert Shortt, in the employ of Arthur Hopwood, ironmonger, said the firm sold a good many revolvers during the Powelka scare. The commonest calibre was 32, but they ranged from 22 to 3S.

Palmerston North, This Day. All the evidence for the defe nee has been heard and the Crown Prosecutor and counsel for the accused have both addressed the jury. The judge commenced to sum up at 2 o’clock.