POWELKA M TRIAL.

Dominion, Volume 3, Issue 826, 26 May 1910, Page 6

POWELKA M TRIAL.

MURDER CHARGE. THE CROWN CASE IN PROGRESS. NATURE OF THE EVIDENCE. (By Telegraph.—Special Correspondent.) Palmerston, May 25. The Supreme Court trial on a charge of murder against Joseph John Powolka was commenced to-day before Mr. Justice Cooper. I'lie empanelling o£ a jury took some time, as the Crown exercised the right of challenging very freely, Jlr. GiffOTil Moore, for accused, only making use of tho privilege on three occasions. Mr. \V. Eeid was chosen foreman of the jury, and Mr. C. A. Loughnan (Crown Prosecutor) then proceeded to open ' the case. He began by enumerating the various acts alleged to have been committed by Powolka from the time he escaped from "Wellington Gaol. Mr. iUoore objected that none of these were relevant to 'the present charge. The alleged murder took place on April 10, and Powelka had been located at Ashliurst on April 0. Anything previous to that was not admissible. His Honour agreed with Mr. Moore, and said that evidence on other alleged crimes was not admissible. Evidence to prove that accused was in the vicinity was quite another thing, and would, of course be admissible. Mr. Loughnan then traced the evidence that would be brought. What the Deceased Said About It. Dr. Martin, after describing the late Sergeant Maguire's injuries, added that he had had a conversation with the dying man on April U at 3.15 a.m., which was the morning when death occurred. In reply to the question: "Did you know it . was Powolka you struggled with?" he replied, "I could not say whether it was Powelka. He had a big hard hat on, and he wore, a mask. I only had handcuffs with me, and I struck him on the face with them." In reply to a further question, "Who fired tho first shot?" he replied, "I am certain Powelka fired the first shot. I do not think that it was Quartermain, but it may have been." Later, another conversation was held in .Sub-Inspector O'Donovan's presence. The sergeant was quite rational, and said: "Powelka had the shade of the light on me. and he had a hard hat pulled down on his face. I'm inclined to think he had a mask on. I was on the ground when I was shot, and he fired at me. I could not swear that his shot struck me." Impounding Quartermain , s Revolver. Sub-Inspector O'Donovan again gave evidence similar to that tendered in tho Lower Court. Inspector Wilson was then put in the »x, and covered old ground regarding taking possession of Detective Quartermain's revolver. To Mr. Moore: The reason of taking charge of this revolver was because rumours had been circulated that Maguiro had been shot with a service bullet. Ho did not know at the time that deceased had stated that "ho may have been shot by a revolver bullet." He did not know that Quartennain's revolver was not a service one, and ho did not see that tiiere was any necessity for taking charge of Quartermain's revolver on the night of the shooting. Peculiar Cry During the Scuffle. Erl Hampton, butcher, Palmerston North, recapitulated the finding of a wire stretched across tho drive in his grounds at No. CI Ferguson Street, Inssummons to the police, and the scuffle. Ho had also sighted a man on the premises, and he thought that tho man was Powelka, judging by his walk. When the police had been posted, with a view to effecting a capture, witness's attention was drawn by a cry, and he and Quar.termain ran back to the gate on to the lawn, where they saw a (lash of a re'volvcr, and someone called out: "I'm hit." Tho cry previously referred to sounded very peculiar, and was one similar to that which he had heard Powelka shop when ho had had a bit of a fright. To Mr. Moore: When he sighted the man on his premises he did not seo tho Salter's face and would not actually swear that it was Powelka, but that was the impression on his mind. He did not know about a window in his house being found open till next morning. In the course of further examination witness admitted that he could not see a man on tho night of' May 13 at about 8 o'clock when several persons went to his premises to make a test of what could lie seen, but that night was much darker than April 10. His Honour pointed out that a test of this description should have been made at an earlier hour instead of Inter. Mr. Moore replied that he proposed to ask the jury to go to the spot when it was admittedly lighter, to convince themselves that Mr. Hampton could not have seen the man as ho said he had done. His Honour remarked that the witness's evidence was that it .was twilight, and became very dark later on when it came on to rain. •• To the foreman the witness (Hampton) said ..that he did not notice what kind of a hat tho man had on when he first saw him. Detective Siddells corroborated the evidence of the last witness as to finding the hats on Hampton's lawn. Detective Quartermain in the Box. . Detective Quartermain also corrohor-; ated. Hampton's evidence, and that of, Inspector Wilson as to giving up his revolver and ammunition. He had had the ammunition for seven years and it was tho only ammunition which ho had in Palmerston. To Mr. Moore: Like Hampton, ho had heard a peculiar cry, but could not say whether it came from Maguiro or tho other man. He had just got through tho small lawn gate a. yard or so, when he saw the (lash, and heard the shot and saw the outline of a man. The shots were almost simultaneous, but there was a distinct pause between tho first shot and those fired by ivitnoes. Ho fired straight from the shoulder, and he did not remove the empty shells from his weapoii till Tuesday. He did not for a moment think that he had shot Maguire. He knew the seriousness of the charge against accused and, if he had thought that one of his shots hud hit iilaguire, he would at once say so. Ho had borrowed tho revolver from a neighbour in Wellington named Perkins. 'Ihe Court then adjourned till next dav the jury being locked up for the ni"h't