THE POWELKA SCARE.

Grey River Argus, 27 April 1910, Page 6

THE POWELKA SCARE.

SENT TO GAOL

"FOR OUTRAGEOUS CONDUCT."

(Per Press Association)

PALMERSTON N., Anril 26

In giving judgment this morning -in the cass against A. F. M.cMinn for acca-ulting 'M. E. . Laybourne' by covering him v.\»j-h a. revolver and represeiltinji. himself «s Powelka, Mr TliompTin, S.M., said that a constable was justilieil in using firenrms to effect aii arre&ti but private persons had no such' right. , It had been admitted by defendoiits counsel that McMinn covered Lavb'ouriio with a. revolver and

'.'••red him to ston. It was" a very serioiici ma/tter and might easily have grave conc>x]uences. .Oti the cv'deuco the Magistrate sn'd that ho was nolt satisfied that accused represented hi .11? self as Powelka and it was porsib'e there had been o, misundartaking between the .'parties.; The conduct of accused befoi'e and after the incident seemed to the S.M. altogether ow^ed to the idea of tmasquerading as Powelka. Tlie evidence was that on tho date, accused was out looking for Powelka, with ..approval of * Police .and McMinn's whole conduct was in accordance wjjh the fact j L hnt ho was -fearcliing for 1 tho fugitive. ■. . v I Accused wp.s convicted for assault but without an element impersonating as alleged. Even snch a use of firearms admitted , was eerioui and while recognising that there had been recent occurrences ' which justified approved «enrchers, -it- must be made plain thn.t .'firearms'- roi7ld *n/ s t be used or even bhrcatened. Defendant v/as fined £0. A. F. McM/iiu, charged with asroulting E. Pratt by covering him with •■>. r^ve'ver. and ordering him to put to his hontls and threatening to blow out his brain*, wps sentenced to «-.re montli's imprisonment. -^ Tho Magistrate snid tliat in this '• se tlisre were jio extenvating cVcur»stancex except that the' accused was •altogether outrageous and it must le -or^crnised an that by anyone.

Tho S.M. regretted that in this ca«e there were no extenuating circumstances, evcent that the accused, was ipsir/tin<r the police. His conduct w^s altogether outrageous and it must be recognised as that by anyone.

The S.M. regretted that one who had got into such a condition during 'he evpn'iig ns to commit the actions plained of . .