POWEIKA'S TRIAL

Dominion, Volume 3, Issue 827, 27 May 1910, Page 8

POWEIKA'S TRIAL

♦- ALLEGED MURDER. IMPORTANT EVIDENCE GIVEN. THE CROWN CASE. .(By. Telegraph.—Special Correspondent.) Palmerston 'North, May 26. The charge of murder against Joseph 1 on-elka was continued in the Supreme Court this morning, tho. court again being densoly crowded with spectators. Sidney J. Tisdall, gunsmith, Wellington, ■ gave expert evidence in connection with tho various revolvers and ammunition put in as evidence on the case. Ho repeated what he had stated in the.lower court to the effect that tho bullet found in Sergeant Maguire's body corresponded with a bullet taken from a cartridge found in Powelka's six-chambered revolver. Revolvers of the calibre produced would not burn or scorch at a distance of more than six inches. Cross-examined by Mr. Moore, witness said that the bullet extracted from Maguiro's body was different from those in Powelka's five-chambered revolver. The jury requested that witness should extract bullets from each of the sets of cartridges. His Honour pointed out that the ammunition in the five-chambered revolver was so dissimilar form the other pattern that this would not assist them, but then: would be no harm m doing this, and he ordered that it should be carried out during the luncheon adjournment in tho presence of counsel on both sides. Regarding a Key, Mrs. : Amelia Farland gave evidence as to returning to her house in Ferguson Street on tho Saturday evening previous to tho shooting, and finding a number of things stolen, including tho key_ of the back door. (This key or a similar one is alleged V the brown to have been found in Powelka's possession when ho was arrested) lo Mr. Moore: Tho key produced was the only one of its kind in the houso. Jane Farland, daughter of the last witness, gave corroborative evidence. Albert Robinson, boarder at Mrs garland's, identified the cap found on Hamptons lawn as his. It had been stolen from Mrs Farland's house where he boarded, on the night previous to the shooting. ' John Kendall described the Foxton line incident when a man, whom ho recognised by his general appearance and voice as Powelka, stuck him up, with two revolvers. John Lane, residing in Ferguson street,- recognised a coat produced as A S riflJ| erty " H ° ' firSt m ' SSed il on \ Frances Slattery, also living in l'erguson Street,. gave . evidence as to an attempt being made to burn his house down on April 9. Ho reported -he matter to tho police, and Constable lung removed a bottle with fingerprints on it. ' .. . Constables King and M!Leod deposed to seeing Powelka near Pahiatua, with a revolver in his hand. Detective Quirke deposed that he had taken Powelka's finger-prints, ■ and Edwin Dinnie, finger-print expert, gave evidence similar to that tendered in. tho lower court. Mrs. Wilson, Powelka's mother-in-law, and Mrs. Burton, deposed to seeing Powelka in Ashhurst on the morning of April y. , Weighing the Bullets. Herbert Thorpe, of Ashhurst, stated that, he had found ' tho overcoat produced under the bed in Mrs. Wilson's house at 'Ashhurst. In the pockets were detonators and cartridges. S. J. Tisdall (recalled) said that ho had made tests during the luncheon ■adjournment of a bullet taken from Powelka's six-chambered revolver, and it weighed 84J grains. He had also tested one from Quartermain's ammu-, uition, and it weighed 82J grains. He' also took a bullet from Powelka's hamm'erless revolver, and it weighed 125J grains. All the bullets were about two grains heavier than they should be. Ho had previously weighed the bullet taken from Magnire's body, on scales of his own. The three bullets had been weighed in a chemist's shop, bat ho could not be certain as to the accuracy of the scales. His Honour observed that he would reqniro absolute tests of tbo weights of the bullets, as tho matter was of extreme importance Mr. Loughnan suggested that the whole of tho bullets should be weighed in the same scales His Honour replied that ho would riso at 4 o'clock to enable scales to be found, and all the bullets weighed by the expert. The witness, Tisdall, had better stand down in the mean.tirne. Mrs; Rhoda Grammer, who lives at Ashhurst, gave similar evidence to that in the lower court, as to a letter being found in a milk billy which she had placed on her fence. By Mr. Moore: Her houso was situated on one of the -main roads leading to Palmerston, and was quite close to the road. Anyone putting a note in the billy in daylight could easily bo seen. Powelka's Letter. Robert Elliott, a small boy living with Mrs. Grammer, at Ashhurst, deposed to finding a letter in the milk billy. The letter was read to the jury as follows:— To my fellow men.— After hearing the remark passed by olio of the party this afternoon to tho effect that I am supposed to have burned down a honso in town last night, I do hereby solemnly swear that it is an untruth. At the time that this man said that the honso was on fire, 9 p.m., he said I was on the outskirts of Woodville. I might also state that a good many of the happenings oMato, blamed on to me, are false. *I also beard P. Hnnlon say, while within ono yard of me, that I shot at my wife this morning. That also is a lie, and he went near getting a bullet for his pains. Excuse this writing, for I have only a pointed bullet to scrawl with. (Signed) J. Powelka. A man against the world. Stanley Liddiker and W. Sheridan also gave evidence as to the letter w : hich was handed to Detective Cassells. Constable Dunn deposed to being stationed near Hampton's house on tho night of April 10. After tho shooting took place he did not see anyone about Hampton's place other than the ladies in the houso. Constable Dowues gave evidence as to Powelka escaping from custody in Wellington. Ho had no proporty whatever when he got away. Constablo Gallagher gave similar evidence to that given in the lower court as to the arrest of Powelka at Ashhurst on April 17. Action by Accused In Court. When the witness got to that part of his evidence of the alleged conversation between Constable Thompson and Powelka, after his arrest on the way to the Ashhurst police station, whore Thompson said, "Who shot Maguire?" ami tho allege;! reply from l'owolka was "But who h'ral the first shot?" Powelka created a sensation by rising exintedly in the dock and saying "Your

Honour, it's a lie." He was quickly seized, and compollcd to sit down again, and the witness went on with his evidence. By Mr. Moore: Powelka did not make tho remark about "Who fired the first shot?" in an angry tone. All ho said was in a low tone, but witness heard tho remark ■ plainly. He knew that accused would be charged with the murder of Maguire, and "ho knew that he had no right to ask accused any questions, but did not look upon tho remark as a question. Witness now know that the sou'-wester hat found in Powelka's possession was supposed to have been stolen two day's after the shooting. Constable Thompson gave corroborative evidence about the arrest of Powelka at Ashhurst. To Mr. Moore: Powelka was talking very low when on the way to the Ashhurst police station. The remark as to "Who fired the first shot?" was made plainly enough. He did not know that Powelka would bo charged with tho murder of Maguire, and ho would not have asked the question if he had known this. He, however, had asked the question to see what Powelka would say, and had hoped to got an admission from him. Detective Cassolls gave evidence as to charging Powelka with the murder of Maguire. Accused when charged made no reply. To Mr. Moore: Hampton pointed out the position on tho lawn where Maguire. lay nearly a week after tho event Tho Court then adjourned till 10 o'clock next day.