CHARGE OF HOLDING UP

Taranaki Daily News, Volume LII, Issue 374, 27 April 1910, Page 5

CHARGE OF HOLDING UP

INCIDENT OF THE POWELKA HUNT. \LcMINN FINED. By Telegraph—Press Association. ' Palmerston North, Tuesday. Giving judgment this morning in the case against, A. McMinn of assaulting M. E. Ijavbonni" by covering liim with a revolver and representing himself to be Powelka. Mr. Thomson, .S.M., said a constable was justified in using firearms to ell'ect an arrest, but a private person had no such right. It had been admitted by defendant's counsel that McMinn covered Laybourne wiili a revolver and ordered him to stop. It was a very serious matter and niijht easily have led to grave consequences. On the evidence the Magistrate said he was not satisfied that accused represented himself as Powelka, and it was possible there had been a misunderstand' ing between the parties. The conduct of accused before and after the incident seemed to the Magistrate altogether opposed to the idea of masquerading as Powelka. The evidence was that on that day accused was out looking for Powelka with the approval of the police. McMinn's whole conduct was in accordance with the fact that he was searching for the fugitive. Accused was convicted of assault, but without the element of impersonation as alleged. Even such use of firearms as was admitted was serious, and, while recognising that there had been recent occunenccs which justified approved searchers, it must be made plain that lirearms were not to be used or threatened. Defendant was fined £5.

CHARGE OF ASSAULT. Palnierston North. Tuesday. A. F. McMinn was charged with nssaulting K. Pratt by covering him with a revolver and ordering him to put up his hands and threatening to blow out his brains, lie was M'nteir-cd to one. moiit is imprisonment.. The Magistrate said that in ;his case there were no c\ier:iatin» cireimiMances, ex<-pt that accused \va- agisting the police. • lis conduct wa* altogether outrageous, 'nd must lie recognised as that by an.->".e. The Magistrate regretted thai one who had conducted himself so well during the day had not into such a condition during the evening as to commit the actions complained of.