POWELKA SENTENCED.

Manawatu Herald, Volume XXXII, Issue 850, 9 June 1910, Page 3

POWELKA SENTENCED.

TWENTY-ONE YEARS IMPRISONMENT.

John Joseph Powelka was brought up for sentence at the Supreme Court, Palmerston N., yesterday afternoon at 2 o’clock. Long before two o’clock a crowd began to assemble outside the Supreme Court building, and the doors were hardly thrown open before the Court was packed with spectators. Prisoner appeared in Court very neatly dressed. On his last appearance in the Court on Monday he wore a small black moustache, but when he appeared yesterday he was clean-shaven and presented a very youthful appearance. As usual he was placed between two constables in the dock, while a number of other officers we/e; placed handy. Mr C. A. Loughnan, Crown Prosecutor, represented the polic Accused was not represented ly counsel.

On being asked if he had anything to say why sentence should not be passed prisoner replied in a very low and tremulous voice, “ I am very sorry ior the offences I have committed, and ior which I appear before the Court. I hope you will be as lenient as possible with me. I committed some of the offences because I had to exist. Although I was found guilty of the furniture stealing, I no more stole the furniture than you did sir!” His Honour : Then you should not have plead guilty. Prisoner: “1 couldn’t do anything else. The man I bought it off couldn’t be found, the police said he couldn’t be found, I had receipts for it but they couldn’t be found either. That I suppose is my misfortune. I pleaded guilty because there was nothing else to do.”

Prisoner was here very much overcome, and was unable to continue. A convulsive twitching of the mouth was very noticeable, and his Honour ordered a glass of water. Prisoner drank a couple of mouthfuls, and continued in an almost inaudible voice “ I have had a very rough time, and have been on my own since I was 13. 1 have had a lot of trouble, I have lost everything now and can only ask for leniency. I have a a wife, and ask for leniency for her sake.” He referred to the murder charge. His Honour; You were acquitted of that. was only half acquitted. They still think I did it. I swear I was never near the place. I would sooner hang than be thought guilty.” He again asked the Judge to be as lenient as possible. His Honour in passing sentence said ‘ ‘lt is a vary painful thing to have to pass sentence on a man as young as you are for a series of very serious crimes. But I have to do my duty. I have to protect the public against such offences. It may be that your early life has had something to do with your relapse into crime, but you have certainly during the past twelve months committed as many crimes

(I am only referring to those ciimes to which you pleaded guilty, and of which you were found guilty) as an ordinary criminal commits in the whole course of his life.” His Honour referred to the different crimes committed by prisoner. He continued “I have a report whic i indicates that no doubt you ha\e an ill-balanced mind. You a> tempted suicide before your firs t arrest. I have to do what I can to protect you against yourself, and I have to do more. I have to protect the public against you." His Houonr then passed the following sentences: — First series of offences, consisting of house-breaking : —seven years' hard labour ; two years for theft of bicycle ; to be concurrent.

Second series of offences after escape from custody, consisting of thett and breaking and entering : —Seven years’ hard labour to be cumulative with first seven years. Arson : —Seven years’ hard labour, to be cumulative with two first sentences.

His Honour said he proposed, subject to Court of Appeal’s ruleing to declare accused an habitual criminal.

When prisoner heard the first sentence of seven years’ he threw his hands up to his brow and staggered backwards. He was supported by two constables and while the balance of the sentences were being passed he absolutely broke down. He was afterwards removed sobbing from the court supported by two constables.