POWELKA IN COURT.

Dominion, Volume 3, Issue 807, 3 May 1910, Page 6

POWELKA IN COURT.

ALLEGED ROBBERY UNDER ARMSCHARGE OF ARSON. STATEMENT- BY FINGER PRINT EXPERT. ACCUSED COMMITTED FOR TRIAL. (By TelceraDh—Press Association.! Palmerston North, May 2. In the case of alleged robbery under urns preferred against. Powelka in Court to-day, the complainant, John Kendall, stated that on April 2 he and his wife left their house and went to town. They locked tho doors before leaving.- On returning, about 10.30, they found outride a bag with pickles and other things. On getting inside they discovered thehouse had been'entered, and everything turned upside down/ Witness went outride again. At the gate ho noticed, a man ooming im from the railway line. He ducked down and came up again. Just, by the gate he presented two ie- ; Yolvers at.witness's face, and demanded money.. "I want money," he said, "and I will have it." Witness said he did, not have "any! He had spent it all- up ■town. The.man replied: "I must have money." Witness gave him a shilling, and then the man placed the revolvers at witness's face and said he would blow his trains but if he did not give him money. Witness then pulled his pockets out and a shilling dropped on the eround. As he did so the man agaui threatened, to blow, wrtness's brains out, and witness repliedf "My dear-fellow, I can't give you any money. I have not got any." Assailant, then turned to witness's wife, and demanded her bag. She gave it to him, and he threw it down, saying i-t was no good to him. He persisted in his demand for money, and Mrs; Kendall.replied: "Jack didnt draw, his cheque to-night." The man replied: "You little think these tl"*f ; ,are loaded," and. he. therewith fired right past Mrs. Kendall's face. She tell asainst the fence,' screaming, and tne man, after staying a couple of seconds, ducked down and ran towards the roaa. After he got over the railway line wit.^I d ifnteSy h The an m^d.the went on to say thai accused had part of his ctvered with a piece of a black silk blouse, and the other part .with a handkerchief. ••a'-rff "1 could not see his face,' eaad witBess, "but I could tell him by. his voice. - The night was very clear, and «* ** r *= I have no doubt as to his identity., I 'could have told him a.mile ofi, - Continuing, witness said the bag found outside the gate contained a duck, about ten pounds of bacon, some oake, a email loaf of bread, and part of another loaf There was also.a small loather bag with bottles of pickles in it. The articles were witness's property. . ; , A Masked Man. Pauline Kendall, wife of the previous ffrthess, said that'when they, left the house to go to town the window in the front of the house was open at the top and bottom, and the back one was only open at the top.—The doors were locked. They returned at about a quarter to eleven. On leaving the gate they saw a bag, and took it inside. When they got into-the house they found everything upside down. Witness sent her husband 'outside to get a candle,, and he&rd him talking to someone. She went outside, and saw him talking to a masked .man. She said, "Oh, Jack, whatever-will we do?" and the'man said to her: "-Bail up!" "She prit"her hands up. -. ,He''."*as saying to Mr. Kendall: "Money I want; money 111 have. If you don't hurry ■up and part out I'll blow your brains out.''; The man turned to. witness and said: "Money I want; money 111 have. Where's your bag-?" He. sent witness into the house for her bag. She brought it oat, but when the man saw it ho said it was no use to Mm. Hβ'then-demanded witness's purse. She said she didn't have one. Ho then wanted, to know where her money was, and Bhe replied that she had spent it in town. He made further demands, and then witness said: "It's no good standing there arguing the point. We haven't got it. Ton can't get ~ blood out of R stone, and the quicker you go the better pleased Til be." The man replied: "Are ytra awaro that these revolvers are loaded V tapping them together as he. spoke. He then fired past witness's face. She was about N a foot from the revolver as the shot was fired. Witness had the idea it was Joe Po-» welka. She had known him about two months, but v had only spoken to him once.- He had a black'mask on with a handkerchief tied roaad tis neck'.. Powelka pleaded not guilty to the charge, reserved his defence, and was committed for trial at the Supreme Court. He was also committed for trial on'charges of theft of meat at Longbnrn. FINGER-PRINT EVIDENCE. CHARGE,OF -ARSON. FffiES AT PALMEKSTON NOBTfI. H>j Telegraph.—Soeclal Correspondent.) . Palmerston North, May 2. The charge of burning the Palmerston High School, and Millar and GiorgYs premises was taken to-day. Mr. Loughnan stated that the evidence which he proposed to call was rove]ant to both cases, and he would ask that they be taken together. Mr. Moore offered no , objection, ■ and this was agreed to.. ■;...'■'■ William H. Coilingwood, chairman of the High School Board of Governors, produced, a plan of the buildings. On the night of April 5 the buildings were destroyed by fire, the value of same being .£3400, and the furnishings £600. ' .

Carl J. Hansen said that he was owner of the premises occupied by Millar and Giorgi. They were partly destroyed by fire, and insured for .£IOOO. A. W. Lett, caretaker at the High School', stated in evidence that he resided in a cottage on the grounds, and remembered the night on which the. buildings were destroyed. He left the school at about 5.30 on that evening. He had been in , every room but one that evening, and this one was the robing room. All the doors were then looked except the main, front door. After tho tennis players left, witness sent his boy over, and- saw him lock the front door. The alarm of fire was raised by witness's wife just before 8 o'clock. Witness then opened the school door, and found, the [masters' room on firo. He threw water lon the fire, which had got a good hold, and, when he found that he, could mako no impression on the outbreak, he rang the school bell. .There had been no fire on the premises since last winter, and all rubbish was burned a good distance away from the school. Tho windows of tho room which was on fire were on the opposite side of tho building from \ witness's house. All the, windows of the School were not locked-in fact, some of them which came on at the top were Seldom closed, but he did not think that a man could get in by these windows. The windows of the lavatory were locked. Ho could not say in which part of tne room the fire started. Sjota E. Vernon, rector of the High School, deposed that the scholars had finished their duties, bv ■Uβ, and he Had left the building shortly before then. Ho did not think that a person in the boys' > lavatory could be seen from the houses in the vicinity. When witness heard the alarm, ho immediately went over and tried to get into his office,, but was unable to do.so by reason of the fire and emoke. There were no chemicals or other combustibles in the part of the building where the fire stirte-l.

Maurice Luxford, a pupil at the High School, remembered the day of the fire, and saw flames dooming from the hack of the buildins near the boys' lavatory.

Another High School pupil Ravo similar evidence. ' • -n- v Vranlc i'oote, master at tho High School, stated that he was captain of tho High School Cadets. Tho belts and other fear belonging to tho cadets were 111 the central hall close to tho boys lavatory. The belt produced was similar, in every particular, to those used by Iho cadets. v , ~ James C. Young said he was at the High School fire in.its early stasia, and tho outbreak was in tho back wall, in the 'master's rodm there was a pane out uf tho window. Ho discovered this when he raised himsolf up to look through tho window. There was no heat there then, and tho other windows were intact. The fire had,a very slight hold when witness arrived. Ho' tried to get into the building, but tho door was locked, and the smoko was too dense to seo what was burning. Hβ visited the scene" the firo some days after with Detective Ouirkc, and found a piece of glass on the ground near whero tho pane was missing. Finger-Print Expert's Statement. Detective Quirke said that, _on April 8, ho visited tho scene of the High benool fire. He picked up several pieces ot window glass on the gravel, not been touched by the fire, or in any way marked. He sent these to Wellington to the Finger Print Department. All the other glass about too building bore marks of the effect of the fire. The finger-print form produced has on it tne finger prints of Powelka. ' Edwin Dinnie, finger-print expert, gave evidence as to the finger prints on the piece of glass found ac th 6 High School. They wore identical beyond all doubt with those of Powelka. The print of the right thumb had been made on the piece of glass in two places. .He had mnrkoil seventeen points ot similarity in one impression, and eight on the other. Joseph Park, shop assistant, stated that lie lost his bicycle on April G from a residence in North Street. It was about sis o'clock in the evening. He 'missedit wh'en he came' out about half-past, seven. He received it back from the police on April 7. , • .Charles V. Turner, . who resided in Ferguson Street, deposed that on April 6 he left his horse, saddle, and bridle at the hack of his premises. Tho next morning he missed them, but found a bicycle near his gate where he took his horse out. He handed the bicycle to the police and afterwards got his h&rse bask from tijj police station. - . . Constable King deposed that he knew the accused - . He saw him on April 7 near Pahiatua. He was riding a horse. Witness and Constable M'Leod chased him, .and he left the horse, which ho brought back' to Palmerston and handed to the owner, Mr. Turner. The overcoat produced was attached to tho saddle. The Fire at Millar and Giorgi's. Arthur George deposed as to the fire nn the premises of Millar and Giorgi. Witness found the belt produced in their premises upstairs tho morning after the fire. It was not there the night before. Maurice 'Millar, of the firm of Millar and Giorgi, said on the date of the firo they had stock to the value of insured for The premises were left perfectly secure on the night of the nre. Their loss was over £2000. The boots, leggings, and overcoat produced he recognised as their property. -They were the sole, agents for,the make of overcoat produced. The case was only opened up on April i, andnone of that,make had been sold. The boots also were a special line imported from Home, and none of them had been sold, as they had just been opened np and placed in the shop. Ihe, leggings,also corresponded with the,make! they stocked. He recognised thfc. suit of clothes produced, but could not say whether it lad been removed from his shop. Superintendent Warner, of the Firo Brigade, said the brigade had been called out on April 5, first to the High School, then to Pegden's furniture warehouse, and afterwards to Millar and Giorri's premises. When he arrived at Millar and Giorgi's the fire was at tho back of the counter. The fire was put out, but not till a considerable amonnt of damage had been done. ■ :

Detective Cnssells deposed to seeing-Po-welka wearing the clothes, boots, and leggings now produced. He charged accused with the offence, but he made no Constable Gallagher de'p&sed to the clothes Powelia was wearing when ho escaped from gaol, and also to the change of apparel yflien arrested at Ashhuxst.

This closed the case for thfc'pfosecution. Accused again reserved his'defence, and was committed for trial. .' Hβ said:, "I don't wish to say anything." Accused was then remanded ■ till 11 α-m. on Friday next, when tho charge of murdei will be preferred against him.