POWELKA'S SENTENCE.

Auckland Star, Volume XLI, Issue 135, 9 June 1910, Page 4

POWELKA'S SENTENCE.

A ¥LEA EOR POWELKA.

BREAKDOWN IN COTCR^

HIS PUEA FOB JaariENCY.

"I NEVER COBCeiTTED MITTRDEK." (By Telegraph.—Press Association.)

PALMERSTON NORTH, Wednesday, The final scene in the long trial V Joseph John Powelka took place at tW Supremo Court yesterday, when the prisoner was brought before his Honor Mr. Justice Cooper for sentence on the various crimes to which he had pleaded guilty, and of which, he had been found guilty. The Court was crowded, and Powelka, who had shaved off his moustache, was looking particularly smart and youthful. Mr. C. A. Loughnan appeared as Crown Prosecutor.

As the long list of crimes on-which he was to be sentenced was read over to him by the clerk of the Court, the showed considerable emotion. When asked if he had anything to ;say why sentence should not be passed ttppa him, Powelka said: "I am very sorry for the offences I have committed^ , and on which I have been found guilty. I only hope that you will be as lenient as' possible, as I had to commit a lot of the offences to keep life in mc while I was out. I might also say that although I pleaded guilty to stealing that furniture, I no more stole it than you did, youi Honor."

His Honor: "Then why dia you plead guilty?"

Prisoner: "There -was no other way out of it. The man from-whom I .bought the furniture in the first place couldn't be found, and the receipts that he had given mc couldn't be found either. It was my misfortune, and to plead guilty; ■was the only way -out of it-- 5 ■

At this stage Powelka 'broke-down, and Ms Honor ordered "that a.-glass.of watel "be given to him. This i-eviv.eS. Kirn somewhat, and he continued as follows: "I wish you -would, not ,be hard on mc, your Honor. I have had a pretty- rough -time since I was a boy of 13, and haye%een battling ever since. I .have lost everything now, and I can only ask your Honot to be as lenient as possible in connection ■with the murder charge that has been 'brought against -mc." i His Honor: "You Tiave been-acquitted of that charge." Prisoner: Y«s, your Honor, but it appears that it is "only a -iaJf-acquittaL I have heard a lot about it since, and it seems as if T were stfll guilty. I. would like to Swear on oath (here that I never did it. "I -would sooner' hang than be thought to have committed murder.

Tite prisoner's face was now "working convulsively, and he seemed incapably of further speech. '

In addressing "the :prisoiteT, ais Honor said: "It is painful to (have to sentence a young man in reference to a series of ; very serious crimes. I iiave to do my : duty, however, and I have to protect the public against such offences as- you have committed. It may he that yoiif early life might have had something to do with your lapse into crime. You have certainly during the past 12 niontha committed as many crimes as the ordinary criminal commits in the course of bis lifetime. You commenced youi career of ..crime iii r .2 l fQveinber.\lasi •watlf--the theft of a bicycle,'-to -which ybi pleaded guilty. You. IdlTowed up that offence by-further oflences:Of the.most serious description, -including breaking and entering and stealing goods from the ■homes of various residents in, this district. You have .pleaded, .guilty to ni> less -than seven charges /between. Decein-. her -of last yea.r and of tliis jea.T.

"On March 12 you escaped, 'from custody, and then another series *df offences were committed by yon to which . yon ■have pleaded 'guilty, ijamely, five charges of breaking and entering and theft. ,Y6a have also been found guilty of arson.

"I have a xepoft before 'mc to 'the effect that you iiave an ill-balanced mind, and it must he so. I find that prior to your present series of offences you were convicted of attempted, suiade. I have to protect the public, and I have also to protect you against yourself, so ihe sentence must be of such a nature that will ensure the public against your committing any further offences. '1 shall sentence you on* the charges of breaking and entering which were committed prior to your escape from custody to seven years' hard^labour." Prisoner here collapsed in the bos. "For the theft of the bicycle two years' hard labour, the sentences to be concurrent.

"For escaping , from gaol at Palmerston, two years' hard labour. For the breaking and entering offences since your escape from Wellington gaol, seven years? hard labour; the sentences to be con' current with each other 3 and cumulative with the first series. "On the charge of arson, seven yearf hard labour, to take effect fl.i the expiration of the two previous Series of sear tences." His Honor added that he proposed, subject to tlie ruling of the Court ot Apr peal, to declare the an habitual criminal. The prisoner was in. a. state of complete collapse at the conclusion of tM pronouncement of sentence, and had to "be 'half carried from the Court, "srheM there Tvaa a considerable -sensa-tioiw

(By Telegraph.— Own Correspondent) ■WELUNSTON, this day. A very strong article -condemnatory of tlie sentence of 21 years, passed on Powelka by Mr Justice Cooper, appears in to-day's "Mew Zeadantl Times." The editor says' the sentence "will shock the public conscience, and seem a. Judicial mockery of that enlightened policy of dealing -with crime and criminals of irhich; ■■we have lately heard so much."