POWELL IN COURT.

Dominion, Volume 3, Issue 805, 30 April 1910, Page 7

POWELL IN COURT.

Jmm AT PALMERSTON NORTH; "V CHARGESAND EVIDENCEf % X CURIOUS COLLECTION OF -: /.;-.■;■ DRAPERY. ■;;: y ; ,'(From.our Snecial' Correspondents.! ■ '■ • Palmerstori North, Aprii 29. A curious crowd of some two hundred persons/ thronged.','the .railway, station when Powelka, .manacled,;and in charge of .principal warder Downs ', and ..ConGallagher',: .stepped,..to-day. from'. PlyiMuth.express.:" There .was; no- demonstration: : :: The : prisoner .viewed' lis- andiehbe 'although/ ie';'was. rianifestly,'very nervous... He was,Vn«jatly •dr.essedj; and; looked very well.. <The crowd 'was evidently struck with his intelligent demeanour, and expressions/ of sympathy were heard in several; directions; Escorted by '' five policemen,; the man was; placed in a cab-and driven- to ; -.the--Magistrate's Court, which was"'cirowded to' the doors, arid aa Powelka entered tho/:..r00m, chained to Constable Smart, and looked •at.the sea. of. faces, hk ;; iip ; quivered. ;He, however,' soon regained his composure. '/'} He was allowed to sit down."...His favourite attitude, was to lean.forwaxd, chin on hand, ind to gaze ; • the court.; He did not: appear ,to be greatly interested in ■ the evidence. Tie Coiirt was; strewn with various ar- . as rugs,. .cushions, quilta, tiHe<bvers"j " pillow;',; cases,'.;; curtains', pictures and sheets,-which had. to bo ua/ridled by Detective Quirke and shown' to ..lady witnesses for identification. The, detective' reminded one of an enterprising .-.drapery.,:.-salesman,!;; and Powelka smiled several .times at his 'efforts. ' r y'.;'-:. '■'-"'-/"■'■'".'■■

THE FIRST CHARCE. BUTCHER'S STEEL. ;• ffiy.Toleerapa.—Special; Correspondent.) Palmerston North; April 29.:; ■ The charges against Powelka ;were , heard by; Mr. A. D." Thompson, ■■ S.M. . Mr.. C. ;,,A.. Loughnan., Crown Prosecu- / tor,, conducted the' case. for. the .policej Sob-Inspector O'Ddhovan also being : present;- Mr., H. G. Moore .appeared $6t '■ Powelka. ■•; ..:.;■'■'..; The first charge was that of breaking . aid-enuring,.the. .premises' of Alfred . Dixon,'.'butcher, Main ■' Street,. Terrace End,.and..,stealing, therefrom one but- .. ;<sMer's steel. ; . ~ ';■:.-'. ..■•'"; ~- i'Georg© Brown,"•'.'. butcher,-:.of . Main ..'Street;' Terrace End, .who is carrying .--oji.lth«H business of- Alfred Dixon,-de-gised'. to leaving the Bhop on July 3U ( St.,;' It was locked up, and. the windows closed. ; He'-. saw' ' the :: - premises again at ' quarter./past, eight the same • window;'.was.then ; wide open.. In the he missed .", a steel. /A quantity, of'bacon was found in a sack. No • money was left in ' the < till: Ho recognised .the. steel ..- produced as.<the..one'.that' was taken from .the; shop. Thomas..Quirke,dete'ctive,-;. : said .that { on' February 26 last he recovered the steel'(produced) .from' 107-Church Street West, in a drawer.' in '. the' kitchen. ,Con- , stable' • Barry was also' ''present;; -. The ~., premises'were occupied by the accused ; and'his wife.- was .present at .-.' the "time. V -■ i ;;' ; -'-'.'..- ,^-'':', '-"'.vv v . ■-:•'■«':-HX' : i : -* ;•■■ /■By the Court': ';; was' ; i: said . 'about,',tho ::steel-i3t ,tKis:Mm<iyX.~4 ,~'"' .•;'. (Constable' Hatße, -.stationed. a'f-'-Ter-' race-End, remembered being'in Dixon's '.; shop-at Terrace I 'End; on''July'29—the- > date she-had put down* in.:ihis' diary.; Geo* Brown*-and ••-•' another 'employee were ■ present.'".'. One- of .the back ■ win-, dpws 'was -wide open. . Inside ''he saw a sideof bacoii'in'a sack atthe back of the.' shop', and 'also' a 1 ham' alongside'the Back on the : ground; > : ""'.'"..'■'■' ; •,* Constable King deposed':to~ examining - 107.Church Street on. February 29, the' ••■ premises being occupied- by Joseph , Powelka and his wife. : ..Mr..;Moore.submitted -that-'an-arti- } .■cle' 1 of ..this' nature' being found seven .months after the ' alleged theft could not; beNproperly. identified, and one could' be called, upon to account'for the. -;: article. .He quoted.a number of precedent's for."lus contention.' 'The. steel might; have passed-"through : a dozen ' handsv in -the; time, and' he : . submit-ted-that tliere was nothing to connect ~ accused with the theft.. .The S.M.. agreed with ;Mr. : Moore's contention, and dismissed the case.

.';'::■■ THE SECOND CHARGE. 1 .ACCUSED COMMITTED' FOR ; ; ; • ...-:\ r : - : . Accused was then'charged with breaking.and'entering'-the 'premises of Helen M'Kay, and stealing -therefrom various. articles, which, were produced. . . Mrs/. Amy'. 1 Boss deposed > that she lived 1 near Dannovirke. She had an unmarried sister-named Helen t M'Kay who Uived in Palmerston, North, and was; a dressmaker.; at No. 1 Campbell Street..-'"' She ' recognised - .the . articles produced, and .identified -three' of .thepictures as belonging to hex sister. She last saw them in June last in the'house in Campbell Street: She identified the three; sheets produced. They belonged to witness at one! time, and she sent them, to her sister. She recognised the five cushions, opossum rug, three wool mats, one quilt, table cover, pillows and 7 , slips, two curtains, screen, and Uyo... blinds.':': .. : ... ■'■'• ; . v '.Laura iitos3, •■■ daughter- Of -last-■ witalso identified ;■ the pictures as belonging to-her'aiini. She last saw them■;on. the premises of Miss .M'Kay on.;.' December 24 last. She many....of the. other articles,, including the...'quilts. Witness ; recognised tho case- of-.buttonhooks, shoe-horn, etc., as -belonging: to her aunt. . •■■■'-. , -Grace SPine, dressmaker, said she was' at one tinio in the employ of Miss M'Kay. ■• She recognised a number of the articles produced' as belonging to Miss M'Kay'.'' • Ivy Winifred Allsbp, dressmaker, who had worked for Miss M'Kay, recognised the pictures,'cushions,, and rug. She had seen these in > No. 1 Campbell Street: ..'-.- : . , Thomas Quirke, detective, said that on February' 26 last, accompanied by Constable Barry, accused also being present,, the goods produced were found; distributed throughout the house,'. No. 107 Church Street West.. Accused was not. asked anything about. the articles then..'"'He knew Miss M'Kay's resi'den'co, No.' 1 Campbell Street. Witness investigated a fire, which took place on January I," on those premsies at 1 a.m. There were remains ,of. articles,.of, furnitnre,'>uch."a's springs': of a 'couch; and. sowing Jmachines, etc. ; Some, - of.. the articles., were intact, some silver ware being very little', damaged.".. William G. C. Smith, .flaxmifler, residing at Church Street West, deposed thai. he knew accused by sight. He lived opposite witness's house in Church Street.; ' . ■;, ~.v': ■ Superintendent Warnor, : of the Pal■met'ston North v Fire Brigade,. said , he remembered attending a fire in Camp.bell Street, on .January .3, at 'Miss M'Kay's house., .The.house ; was in flames when witness got there. It was unbecupied.'' The front door was locked, but- the.,,back door was burnt. ..The windows, were'broken with'the fire... Mrs. Jane"Wadworth, .residing, in Campbell Street, .said she knew... the house belonging to" : Miss M'Kay, : . and Temembered- it down.-: She; kSew accused. Ho was boarding with witness at the time of the fire. Ho

Jfoad been with witness, a fortnight previously. She remembered the night of ■jihe fire quite well. She could not say where Powelka was early in the evening, but he left'the house about 8 o'clock-and returned about 11 o'clock. He was' in bed when the alarm of fire was given. Powelka was in the back room, and when the alarm was given he came out and said: "Oh; my God, it is next door I" The premises adjoined. She did not know whether Miss M'Kay was at home or not. ■■'■'Mr. Louglman said he could not call Miss M'Kay because she was in the hospital at Dunedin.. Mr. Moore, for-accused, submitted there was no case, because the owner of the property had not proved it was hers. '-.■■ Accused pleaded -not guilty, and reserved; his defence. He was committed for trial. ALLEGED ARSON. ;, In . connection with the charge of arson, counsel on 'both Bides admitted that the evidence was exactly the same.

A LADY'S BICYCLE. POWELEA CHARGED WITH STEAL- •'■'; ING IT. . The next charge was that of stealing a lady's bicycle. •."' Ira Gordon said he lived with his mother at 144 Church Street. He recognised the bicyclo produced as belonging to, his sister. He know it by the number, but it had' been.. altered by having a coat of green'' and the rim brakes had been taken off. A new skirt-protector had been put on it and also a chain guard. . He lenew the saddle' and the' general appearance of the machine.. Mrs. Sarah Gordon _ remembered her daughter losing her bicycle .on October 8.; * On that night a young man came to the door and asked where a ladies' nurse lived. . She could, not; be positive that accused .was'.the man'aa the ".light was bad. The bicycle was on the verandah at that timv She. : missed the bicycle about ah hour after answering the door. ' She .could hot recognise the bicycle produced ,as the 'one that' belonged to her daughter. It was of a Simdar make. She did not know Powelka by sight. The man who called was :a tall 'young man with a sallow face.. She only saw him. side-faced, as he_ did not'face witness. She did riot' think he had any hair oh his face. ' , Grace Gordon, owner of the bicycle, gave corroborative evidence, but! said the_'man who called at. the house was' a short dark man.\ . Thomas Quirke, detective, said that on February 6 last the bicyclo producbd -was'taken from the wash-house' at the .rear of the hodse No. 107 Church Street West. Mrs. Powelka. claimed it is hers. Mr. Moore, for.accused,.set.'up the same,defence as. in the charge of stealing from'Dixon's butcher'B shop, but tbe Court held that a prima facie case nad been -made. ..' . ~. ~ Accused reserved his' defence, and was committed for. trial.. ■

CHARCE OFESCAPIHC FROM ■' : ;'. ■■" CUSTODY. ; -ACOTSED/RESERVES. HIS DE-.' ■■V . FENCE. , y ; Powelka' was then charged with ' capmg from legal custody, at the Pal* morston Gaol.. ■ James Gleeson, gaoler, gave evidence' 1 as to Powelka being in witness's custody on March 12.' About ten minutes to twelvo ho escaped . from the • prison" 3'*rd. ." , • • Denis O'Sullivah corroborated ; the last witness's, evidence: as to the ; escape. On .March 14 -he' assisted' to 'rearrest accused~on the-. Awahuri'Road. " ■ Accused- reserved his defence; plead-' e'd hot' guilty;. and ? Was^committed-'for' trial.-.-. .■•■.;.•';-'•„.• .-•.-:•'.■ .• .->■'"■*?■ ■.■.••'.■.•--:> The Court then .adjourned till' .10 o'clock -on : Monday. ■''•'■ '■■', '■

POWELKA'S NAME. JOSEPH JOHN, NOT JOHN JOSEPH. During ; the hearing of the ' above cases against Powelka, some doubt arose to nhothor his Christian names were John Joseph or .Joseph John, and in reply to the Court ho said the latter was correct.

FURTHER CHARCES. .-'On- Monday next,-at 10 a.m.;-" Po-' wolka will be charged in connection with the Foxton sticlcing-Tip case. ' It is thought that, this and other charges will be disposed-of by'Tuesday,'and on Friday the prisoner will be charged with the murder.of Sergeant Maguirel