ALLEGED STICKING UP.

Greymouth Evening Star, 26 April 1910, Page 4

ALLEGED STICKING UP.

■ ' <>»■'.• ——r-r A SEQUEL TO POWELKA WEEK, j [BY TELEGRAPH—PER PBEB3 ASSOCIATION] 1 PALMERSTON N., April 25. The Powelka hunt was responsible for a case of assault which came before Mr A. D. Thompson, S.M., today. Thebarties were Herbert Vaughm and Wm. Abbott Weeks, and tho case arose out of defendant, an old man of sixty years of age, throwing a large stone at plaintiff and_ striking him during a heated discussion as to the character and personality of Powelka. Mr H. D. Bagnell appeared for plaintiff, and Mr C. Moore for defendant.

Herbert Vaughan, farmer at Awapuni, said on April 12 last he was at the factory at Awapuni supplying milk. Defendant and others discussed tho Powelka incidents at some length! Weeks took the side of Powelka and said that the hitter was a J better man than witness. Witness said that Weeks must be a confederate. Weeks got in a passion and held Powelka up as a hero and an innocent man. He said it was the police who were the guilty party and that they shot Sergt. McUuire. Weeks said Powelka was never there. Weekalso put forward the theory that the police stole all the furnture and the crime was laid at the door of an innocent man. The police, AVoeks considered, were the greatest set of blackguards in tho place, and far worse than Powelka. Witness came down and struck defendant. He turned to g:: away, and Weeks picked up a large stone and threw it hitting witness on the top of the head. IS POWELKA ALRIGHT? 11. Hartly said the defendant and plaintiff took sides on the question of Powelka. Vaughan said it would be a good job if ho were caught. Wteks first used bad language. Vaughan called Weeks a confederate. Vaughan struck first in the tussle and Weeks throw a stone as Vaughan went back to his dray and hit hiiu on the back of the head. To Mr Moore: Paintiff hid Weeks twice before the latter dofoufled himself with a atone. Weeks asked h:s opponent to stop hitting him. Weeks was hit on the side of the head and hit Vaughan once on tho body. To Mr Thompson: Tho two contestants were fairly equally matched. The struggle did not last very longTo Mr Bngnell: Had never had a quarrel with defendant. Weeks was none the worse for tho struggle. After the stone was thrown Vaughan went to Weeks again and shook him. Weeks went home in his cart. THE USUAL THING.

Georgo Henderson said there was a lot of bad language, both men swearing at each other. Vaughan said there was nothing gained in Weeks getting in a passion ever a lawbreaker. Witness stepped in between the two men in tho second straggle. Defendant, was enraged, but plaintiff was cod until Weeks" abused him personally. He did not know how many blows were struck, or who struck the first. A stone was thrown with just about four yards between each man. The stone caused Vaughan's head to bleed and his shirt was full of blood. Vaughan did not swear. Any man would lose his temper if sworn at as Vaughan was. Moore said the quarrel was caused by Weeks taking up the position that Powelka was innocent till proved guilty. William Abbot Weeks, sixty years of ago said he had a friendly argument to begin with about Powelka. Vaughan was in his cart and witness ' said tho man must bo given a trial »e- i foro ho was convicted. Plaintiff called witness a confederate and sworo at him. Witness swore back, and plaintiff jumped out of his cart and hit witness three times before he retaliated. Witness throw a slor.e which grazed plaintiff's head. The magistrate said that, the trouble was brought on by Weeks. If a scuffle had ended tlit< quai-rell he would have treated the matter lightly. The throwing of the stone altered the complexion of the case, since this might have proved much more serious. Defendant was convicted and fined £2 and costs £1 15s. STICKING UP CASE. In the caso of Francis Alex McMinn fho .Vw Zealand representative footballer, who has to faco two charges of assault, Mr C. A. Loughnan prosecuted for tho crown.

Mr Cooper, in opening the case for tho defence, said that his client ad mitted the sticking up of Leybourne It was, however, a technical assault | only. McMinn had been quito frank about the matter and had ho boon less .so it might have been difficult, to fix tho responsibility upon him if defendant had disputed that ho was th« man He had been out all day with the permission oi the police in search > f l'owelka, and had done a great deal of work scouting in tho vicinity of East Street. When he saw Laybourne (the defendant) he stopped him thinking ho was the man who lie should investigate. Defendant's story was a denial of the kernal of Laybourne's. He denied that, he had told Laybourne he was Powelka. Laybourne denied that he was nervous, but it would have been a hard thing to find a ma:! in L'almeistan who at that time, and j under those circumstances would n; I | have boon in a funk. Everyone in I town was full of l'owelka. When McMinn replied 'I am" to Laybouruo's query, he was evidently under the impression that Laybourne had asked if ho was looking for l'owelka. McMinn is glad these proceedings ha\o been brought, said Mr Cooper, as it gives him an opportunity to deny the cruel and shameful slander that has been circulated, not only in I'alnerston, but leaching as far as Wellington, that Ins, McMiim's hands had borne the marks of handcuffs. 'lie., many people who had seen him was a complete refutation of such a dirty lie. McMiiui desired to have the opportunity so that, it might go forth publicly that such a cruel lio had no foundation in truth and that the ii" had caused his client more injury and punishment than anything hat could happen as tho result of proceedings.

" 1 AM POWELKA." Francis Alexander McMinn, plasterer of Palmerston North, said on the Monday in question ho was assisting the police in company with S. Hunt, Sutton and Slattery. They went to the police station in tho morning, and as a result of thoir offer they started off after seeing sub-Inspector O'Don novan. They went all round llokowhitu and Terrace end. At 4.40 they returned to the police station. Witness and Slattery went to see Inspector Donovan. They went all round Hokowhitu and Terrace End. At 4.40 they returned io the police •;tation. Witness and Slattery went to set- Inspector Wilson. He* told tho Inspector they suspected a house, in Fitzroy St. Tho Inspector told them to go to the house at dusk, and the police would have messengers and a motor car ready. Witness then went to lea and arranged to meet, Slattery at 6-30 p.m. Slattery was not at the appointed meeting place and after meeting Pratt witness continued down Ferguson Street. He then came across Laybourne who was riding a bicycle. Laybourne, who was wearing gaiters, passed him and witness called out "skip." Laybourne said nothing and turned into Baldwin's Avenue. Witness ran after him and called out to him to stop. Laybourne then jumped off his bicycle and said '•Who are you, a scout." Laybourne said yes, and then stated that his wife had seen a suspicious looking man crossing the paddock, and that he was going to Baldvyin's to ring-up tho police. Lr.ybourne said: Are there any more scouts about, and witness replied yes; hundreds of them. He held Laybourne's hand while talking to him, and Laybourne and witness walked back down the lane. Witness walked in front of him. When they reached Ferguson St. they went in opposite ways. Ho was acting properly and was doing his best for the police.

To Mr Loughnan.—He stopped Laybourne thinking he was Powelka. Lay bourne must have known witness w.is not Powelka. Witness had * a tew drinks, three or four, but he was sober, and could remember every thing that took place. Witness first levelled a revolver at Laybourne after he got off bis bicrrie. Laybourne's manner was excitat,.e. As soon as witness saw who Laybourne was he ceased to cover him with a revolver, and feaid it was all righj. . To Mr Thompson I He had a revolver all day. He got it from Hunt lie had only had. one drink he tfdw Inspector Wilson at 4 p.m. *« Stephen Hunt, carrier, said he was with McMinn and the others looking

fpr'Powelka when witness offered his services. tMe sub-fnspetJtor fe'ok the flames of himself,-Slattery, Sutton, find.. MclVlinn.' Witness gaye a reVc-lver to McMinn at his house. Witness saw nothing of Is#inn and Slattery after 10 st,an. as tihe latter lefthim on the golf links.. ; .... DECISION RESERVED. ' This concluded ..the-.evidence for thedefence and his Worship reserved his judgment.. A similar charge against McMinn in connection with the sticking up ->f Pratt will be heard, to-morrow.