THE INQUEST.

Manawatu Standard, Volume XLI, Issue 9188, 13 April 1910, Page 5

THE INQUEST.

An inquest to enquire into the circumstances of the death of the late Michael Patrick Quirkc, the victim of tho shooting accident on Monday night, was held at the Court House this morning, before Mr A. D. Thomson, S.M., district coroner. Inspector Wilson conducted the case on behalf of the police. The Coroner ■tated that he had not considered it necessary to empanel a jury for the in-

quest. The first witness called was John Charles Trcgurtha, shopman, of No. 11, East street, who deposed that he left homo about 7.30 p.m. on the evening of the tragedy. Met Mr Torstonson and Mr Jones outside his front gate. His gate was about l-£ 'chains from the corner of Church and East streets. Saw a large number of people on tho corner of the above-mentioned streets. Someone among the crowd cried out, "Powelka, iPowelka." Looking down East street, witness saw a man coming up the middle of the road. When the man was about 40 yards from hiip ho (witness) turned his bicycle lamp on him. The man had a revolver in his hand, pointing towards the ground, and did not seem to be paying any attention to him. Saw two figures coming down East street at tho side. • Heard-one call out, "Hullo, mister, who are you ?" There was no reply. The same' voice then said, "Stop, stop, or I'll fire." The man did not stop, but stooped. The men advancing were not more than 20' yards from the man on the road, who was crouching and still advancing. The same voice again cried out, "Stop, or I'll fire." Someone -near him cried out, "Look out, he has a

revolver." Did not hear any instructions given by anyone for the people about to got out oif the line of fire. Did not know that the men who had challenged were armed until the shot was fired. The man had ample time to answer from the time he received the last challenge till the shot was fired. The man who was nearest the man in the middle of the road fired, the shot, and he fell at once on his face. The man who fired the shot was about 15 yards from deceased when the shot was fired. Deceased did not utter a sound when he fell.

To the Coroner : The witness was about four of five yards further away from the challenger than the deceased, and considered that deceased must have heard the challenge quite easily. To Inspctor Wilson: Did not go up to the deceased at the time ho dropped, having to at'tend to his wife at the time. The deceased held his revolver in front of him ready for instant use. Did not know deceased.

To Dr. Putnam: The deceased was still advancing, stooping low, when he received the fatal shot. Philip T. Putnam, M.D., stated that he received a call some time between 7 and 8 on Monday, the 11th, to Terrace End. When he arrived at the spot ho was informed that the deceased had been taken to the hospital, and he proceeded there at once. When he arrived at the hospital he found deceased lying on a bed with a very large wound on the top of his skull, from which the brain was protruding. After satisfying himself that there was no hope for deceased he left. The deceased died at about 12 p.m. without regainingconsciousness. Before seeing the hat, produced, he had come <o the conclusion that the shot fired must have come from above or behind. It was quite obvious, after seeing the hat. that the bullet must have entered the deceased's skull from the front, high up, and travelled down to the back. He would say from the direction of the wound that the deceased must have been in a stooping position when he was shot, and the man who fired the shot standing up. The bullet expandingwould account for the largo size of the wound, which had every appearance at first sight as having been fired by a shot gun. To the Coroner: His first impression on seeing deceased's hat was that the wound had been caused by a shot gun, but he was fully convinced that such was not so after seeing the hat.

John Charles Tregurtha (re-called) stated that he only heard one shot fired at the time of the accident, but heard another one about hours later. Albert Oliver Torstonson, photographer, of No. 9, East street, remembered the evening of April 11. Was talking to Mr Tregurtha. Saw a crowd at the

corner of East and Church streets. Left Mr Tregurtha and went into his front gate, nearer Church street. Saw Sergt. Bowden at the corner of tho street. A few minutes after he saw Mr Overton, accompanied by- Sergt. Bowden, walk down the western side of East street, opposite his house. Witness described the locality where tho shooting took place. Saw a man coming up East street on the western side of the street. Could see everything that occurred quite plainly from where ho was. Heard Sergt. Bowden challenge the man, and say, as far as he could gather, "Stop ! Police! Who are The man did

not reply to the challenge. The ■ man after receiving the challenge still camo on rather quickly. The man was just off tho metal on the opposite side of the road when witness first saw him. The man who was challenged had a revolver in his hand. Did not hear anyjery up the street about that time. Heard another challenge, "Stop, or I'll fire," from Sergt. Bowden. Tho man still made no reply. Witness called out after the last challenge, "Look out, he has a revolver." The challenged man then crouched down with his revolver in his hand, as if about to fire. When he saw that there was about to be? shooting he ran on to his ycrandah about six yards away. On reaching the verandah he heard a shot fired. The man who was challenged had plenty of time to reply between the time of the last challenge and the time the shot was fired. Before the body was turned over Sergt. Bowden asked who fired tho shot? Someone in the crowd said, "I did." The cergcant thon turned the body over, and exclaimed, "My God, it's little Micky Quirke." When he called out to the challenger, "Look out, he has a revolver," the man did not have his revolver ready'to fire. Was satisfied from his attitude that the man was advancing towards tho challengers with hostile intentions.

To the Coroner: Saw deceased quite plainly, but did not recognise him whilst coming up the street, but it flashed through his mind • that it might bo Powelka. Know Powelka fairly well, having lived next to him for some time. Ho also photographed higi. Did not know deceased, and had only seen him once, and that at a distance. Constable Tanner, of Pahiatua, _ deposed that ho was intimately acquainted with deceased, Michael Quirke, who volunteered to assist in ths search for Powelka. The deceased had been helping in the search in tho Pahiatua district from the previous Thursday. Last saw deceased alive about 4 o'clock on Monday, April 11. Was the first man to touch deceased after ho was shot, and it was he who made the exclamation, "My God, it's Micky Quirke." Deceased was lying face downwar'ds with the revolver still in his right hand. Tho last time that he saw deceased he was wearing a hat similar to the one produced in Court.

To the Coroner: Was in Church street at the time that the shot was fired.

Sergt. Bowden deposed that on Monday evening, 11th inst., under instructions, ho proceeded with others to the Princess Hotel to call on Mr Overton. On arriving there saw Mr Overton who had the gun (produced) in his hand. There was a large crowd of excited people about. Asked Overton where Powelka was. Overton said, "Go on; I will show you." Directed Overton to ride in front of the car and show the way. Arrived at the supposed scenc of Powelka's whereabouts, and issued instructions as to the posting of men to surround the block. While on the corner of East street a man named Richards came up and said he had been stuck up by Powelka. He then proceeded to the corner of Church-and East streets. There was a large crowd of people about, including a man who said Powelka had stuck his wife up. Made investigations, but could discover nothing. He then went down the street where the people were, and heard a number of them talking about shooting. He addressed them hnd asked if any of them were armed, but he hoard no response. Mr Overton then came up, and he accompanied him down the west side of East street. While nearing the end of the street he heard the cry, "Powelka ! Powelka !" He told Overton to look out, and got down on his knees, so as to have a clearer view. He then noticed a man coming towards him, and when this man got close ho challenged him, saying, "Stop ! Police ! Who arc you." The man still came on without replying.

About this time someone called out, "Look out! He has a revolver." He again challenged the man, who again made no reply. He then heard Overton say, "Stand back, get out of the line of fire." Overton fired immediately afterwards, but he did not see deceased fall, and thought that Overton had missed him.* His attention was then called to a form lying on the roadside, and he instructed the car driver to bring up the head lamp to see who it was. Constable Tanner and he arrived at the body about the same time, and turned it over, when he exclaimed, "My God, it's Micky; Tom's brother." Tho revolver produced was tho one deceased had in his hand at the time he was found, and was given to him when proceeding to the scene of .the accident earlier in tho evening. Did not know where deceased went to after getting out of the car at the corner of Ferguson and East streets. He had proceeded to the Princess Hotel from information received in connection with shots being fired in the vicinity. To Mr Thomson: Realised that Powelka was a dangerous man and would shoot. ' To Inspector Wilson: Before examming the body he had asked who fired tho shot, thinking it was a bad shot. Mr Overton replied, "I did." Constable Tanner also asked the same question, and Mr Overton gave the same answer. To Mr Thomson: Was sure that there was only one shot fired. Witness had a gun himself, but did not use it. Witness explained his reasons for giving Quirko the revolver. William Henry Overton, hotclkeeper, doposed that about 7 p.m. on Monday evening last a man came rushing into the hotel in a very excited state of mind, tasking that the polico be rung up as row elk a was at his back-door, hammering at it and trying to force the door in. He immediately rang up the police and. waited outside for the car to come up. ' When the car arrived he stood on tho step of tho car, near the driver, and gave directions where to drive to. Went down Main street into Fitzroy street until he got to Shields' house, where- a ladv informed him that Powelka had just run down Ferguson street. The car then proceeded to the corncr of East and Ferguson streets, where Sergt. Bowden directed some of the constables to go down Ruahine street. He (Overton) accompanied some others down East street. After going a little way a man in a very excited state driving a trap met them, and told that "Powelka had just stuck him up, boarded his trap and asked him whether he had a gun or rifle; Powelka searched his cart and jumped out." After tho conversation with tho man in the cart they proceeded along East street, down Church street, but did not seo anything. Stood on the corncr of Church street for a while, when Sergt. Bowden joined him, and they walked back 011 the right-hand side of East street 011 the grass. They- had not gone far when someone called out: "Powelka ! Powelka !" Witness was then on the right-hand side of the Sergt., siMitly in front of him. About this time lie noticed a figure in front of them. Tho Sergeant cried out "Police ! Stand. I-Ie then saw that it was a man approaching. The Sergeant againt called out "Stand, Stand. Stand, or I'll shoot-T-he man immediately got down m a crouching position. Some people on the other side of the street then called out: "Look out, he has a revolver." He then went round on the other side of the Sergeant, having previously warned the people to get out of tho way. When ho noticed the Sergeant he was in an aiming position. Tho 'man was still crouched down, with his revolver pointing as if ho was ready to fire. The people nearer to him than witness said: "Look out ho is going to shoot." Witness thought that the man w-as aiming at him, and 'he naturally thought that it was Powelka, and thought that it was only a matter

now of who fired first. He then raised his rifle and fired, but -did not see the man drop. Sergt. Bowden then called for a light, which was brought, and before examining the body asked who fired the shot? Witness replied "I did." Sergt. Bowden and Tanner then turned tho body over, and when they discovered that it was Quirke seemed horror-struck. The witness Overton was not asked any questions, simply making a statement from th© witness box.

The Coroner deferred his decision until 3 p.m., when he returned t-he following verdict:—That on the 11th day of April, 1910, at Palmerston NortH, Michael Quirke died of misadyenture; that is to say, from a wound caused by a gun shot fired by William Henry Overton in self-defence, each at believing the other to be one John Joseph Powelka. an escaped prisoner, who was known to be armed, and who was suspected of already using firearms to resist an attempted re-arrest, and -*■ the deceased at the time the said William Henry Overton fired at him having the said William Overton covered by his revolver and apparently about to shoot.

AN ORGANISED SEARCH,

TELEGRAM FROM DR. FINDLAY.

(Per Press Association.)

WELLINGTON, April 12. Dr. Findlay, Minister for-Justice, sent tho following telegram to Mr Nash. Mayor of Palmerston, this morning: — "In order to organise the present search for Powelka upon tho safest and most effective lines, we respectfully suggest to you that you co-operate with the police in limiting the voluntary assistance of civilians to capable and" reliable men. Possibly you have already done this. In such an event, or should you do so, please accept my thanks." The Mayor replied to the Hon. Dr. F ( indlay's message as follows:—"Thanks 'for your wire. I have been in constant touch with the police for some days. We are quite of the opinion that it is inadvisable to call for further volunteer assistance. The number has been considerably limited to selected men. If necessary I will take further action." "BREEZY WELLINGTON." (To the Editor.) Sir, —I see the Wellington papers are saying that Palmerston has gone mad. I would like to suggest that some brave, sane Wellingtonian should come up to Palmerston and capture tho cause of the trouble. By doing so he will be a public 'Denefactor, he will receive the generous reward now offered of £100, also glory to himself and Wellington, and the fare is so little. We are waiting for him.—Yours, etc.,

"PALMERSTONIAN."