JOSEPH JOHN PAWELKA.

Manawatu Times, Volume LXV, Issue 1030, 7 June 1910, Page 5

JOSEPH JOHN PAWELKA.

ii■■ in mirjii THE FOXTON LINE AFFAIR. ACCUSED AGAIN ACQUITTED. THE QUESTION OF IDENTIFICATION. HOW THE ESCAPEE REACHED . PALMERSTOH. ENTRAINED IN A CATTLE ■TRUCK TO LONGBUEN.

.John Joseph Pawelfca was retried on the charge of robbery under arms on the Foxton Line More His Honor Mr Justice Cooper and a jury at the Supreme Court yesterday morning. At the trial last Thursday the jury failed to agree. Mr O. A. Loughuau appeared as Orowii Proseoutor, and Mr Gifford Moore defonded.

The following jury was empanelled after twelve challengeso. T. Fly. gei' (foreman), J. B. Pascal, F. Hardy, J. Barr, H. Sent, W. A. Plynn, F. Greer, A. H. Mills. W. Paget, W. Baigent, W, B. Dnthie, J. H. Fox. The evidence given was similar to that given at the former trial, and reported in the Manawatn Tinm John Cook, in reply to a question from the foreman of the jury, said that as he rode in the direction of Kendall's on the night of the sticking up his Licyole rattled a good deal. This might have prevented liim hearing a shot. Some willows in a drain between witness and Kendall's house might have prevented liim se9iog a man leave Kendall's. Accused, sworn, said lie was in a camp behind Moßae's on the river bank on the night iu question. In reply to cross-examination he said he left Wellington on the night oi hia escape. Spent the Thursday night on the othei side of Paekakariki. Passed through Paekakariki at 10 SO p.m. Travelled in a cat lie truok to Longtrarn on Thursday night by the late train. Lay low in a paddock at Longburn all Friday and part of that night. Was not sure as to dates. Was never at Awapuni at all, and never passed down Foxton Linp. along tho river bad to fiis camp behind Mcßae's at Stoney Creek. During their retirement the jury viewed the scene of the stiobing up, and after a retirement of four hours returned a verdiot of "not guilty," and added a rider that "We have no doubt that suoh an occurrence did take place at Kendall's, but we are not satisfied that the identification by Mr and Mrs Kendall is Bnffioient."

Sentence on the othor charges, proved and pleaded guilty to, will be passed on Wednesday morning. $