SUPREME COURT.

Manawatu Standard, Volume XLI, Issue 9221, 25 May 1910, Page 5

SUPREME COURT.

(Continued from page 2.)

ALLEGED MURDER

Joseph John Powelka was charged at the Supreme Court this morning with the murder on the 10th April of John Patrick Hacket Maguire. There was a crowded Court. Prisoner was in the dock before the Court opened, and was looking in the best of health. When the charge was read to him he replied "Not guilty" in a clear 1 voice, displaying no emotion.

Mr H. Gifford Moore appeared for accused, and Mr C. A. Lougnnan, Crown Prosecutor, conducted the case for the police

THE JURY.

The Crown availed itself freely of its right to challenge, and thirteen prospective jurors were asked to " stand aside." Mr Moore, on the other hand, only exercised his right on three, occasions, and one of the challenged ones was also challenged by the Crown as well.

The following jury were finally empanelled:—William Reed (foreman), Patrick James Small, Alexander Laird Peffere, Martin Carroll, Charles Edward Smith, William Patrick Wright, Thomas Griggs, John Rodgers, Arthur Harrowfield, John Alfred Lissington, William Playle, George McKay Luxford. Mr Loughnan, in opening the case to the jury, said the central fact of the case was that on Sunday evening, March 10, Sergeant Maguire was shot whilst attending to his duties at a house in Ferguson street. He was taken to the hospital, and there died. A post-mortem examination produced a bullet from the body, and it was found the primary cause of death was the operation of the bullet. That was the first bra,nch of the case, and the evidence beyond doubt would prove that cardinal fact of the case. "The central circumstance was what took place on Hampton's lawn on the night of the 10th, but counsel said before dealing with them he would deal with the introductory matters leading up to the case, and which, he alleged, connected accused in some way with the affair of the night of the 10th. In escaping from custody on the 23rd March it would be established that accused had very little wearing apparel. His first appearance was at Longburn on the 27th.

Mr Moore here objected that the matters of alleged offences committed so far back were not relevant at all. Aocused had been located in the district so late as April 9th at Ashhurst, and counsel could not see that anything previous to that could be admissible.

His Honor agreed, and said that in a murder charge no other charges could be referred to, and no evidence could be introduced that was not entirely relevant.

Counsel for the prosecution then detailed the circumstances of accused's appearance at AsTihurst at the house of his mother-in-law, whence ho escaped without a hat. That evening Mrs Grammar placed a billy-can outside her house for milk; in the morning a letter purporting to have been written by accused was found in the lid of the billy-can. There was no dispute about the authorship. The same evening (Saturday) a house in Ferguson street belonging to Mr Farland was broken into. Among the articles stolen were a key belonging to the back door and a cap belonging to a boarder. On the same evening, Mr premises were tampered with —an incident which led him to watch his premises on the evening of the 10th. Counsel then proceeded to deal in detail with the affair of the evening of the 10th at Hampton's house—the appearance of an intruder and the discovery of him by Hampton; Hampton's information to the police; the return of the police; the subsequent scuffle on the lawn; the shots fired, and the finding by Detective Quartermain and Hampton of the wounded police officer. It would be shown in evidence that two hats were found on the lawn—one would be established as belonging to Sergeant Maguire and the other would be claimed by Robinson, Mrs Farland's boarder. "Now comes one of the most important points of the case," said counsel. "When prisoner was arrested on April 17 he was in possession of two revolvers, a key, and some ammunition: They will be produced. Mrs Farland will be called to identify the key as the key missing from her door on the night of April 9th; the lock of Mrs Farland's door will be produced, and it will be shown that it fitted the lock; expert evidence will be tendered to establish that the bullet found in the murdered man's body was identical with the bullets found in possession of accused; Detective Quartermain's revolver will be produced to show that the shot which caused Maguire's death was not fired from Quartermain's revolver." Evidence was then called for the prosecution. Robert Black, Government Surveyor, produced the plans of Hampton s house and grounds; also the locality. Albert Torstonson, photographer, produced photographs of Hampton's house. Dr. Martin, called, described the condition in which the late Sergeant Maguire had been admitted to the hospital; the nature of the wound and the cause of death. He described, further, the post-mortem examination and the finding of the bullet (produced), which he identified as the one taken from the body of the murdered man. Witness identified the clothing (produced) as that taken from Sergeant Maguire. The two innermost garments were stained; J.he outermost garments were burned with powder. The wound in Maguire s body was stained about the edge with powder. ■ To Mr Moore: The man who hred the shot must have been within close range Witness had had a conversation on the 14th at 3.15 a.m. with Maguire. It was the morning of bis death. In reply to a question: "Did you know it was Powelka you struggled with? he replied, "I could not say whether it was Powelka; he had a big on • he wore a mask; I only had handcuffs with me, and I struck him on the face with them." In reply to "Who fired the first shot ?" he replied: 1 m certain Powelka fired the first shot. I do not think it was Quartermain's. It may have been. I was struck lying on the ground." Later another conversation was held in Sub-Inspector O'Donovan's presence. He was quite rational, and said: "Powelka had the shade of the light on me. He had a hard hat pulled down on his face. I'm inclined to think ho had a mask. I was on the ground when I was shot, and he fired at me. I couldn't swear that he struck me." . Sub-Inspector O'Donovan gave evidence as to Hampton arriving at the police station with information about an intruder being on his premises on the night of the 10th April; of the subsequent reporting of the shooting of deceased ; of meeting the wounded man in a motor car on his way to the hospital; and of the conversation with deceased just before his death. Witness further stated that immediately deceased died he (witness) drove in Dr. Martin's motor car to the hotel where Detective Quartermain was staying, and in his presence Quartermain's revolver and cartridges were taken possession of by the police. The revolver and cartridges (produced) were similar to those taken from Quai - -

termain. Tr Mr Moore: For some tjme previously a reward had been out for the arrest of Powelka. , Numerous reports came in from people who said they knew Powelka. On the 10th there were three calls from people who thought they knew him. Nothing resulted till Hampton's report came in. The night was dark, and inclined to be misty. It was not raining at seven. o'clock, but it rained later on. The Palmerston races were being hqld that week, and the police usually expected that a larger number of indifferent characters would then be about town. Witness did not know personally of any armed people who were going about the town. On Monday, the 11th. witness was not on duty at the police station till about nine o'clock that evening, and therefore did not know personally of any reports of sticking-up cases on that night. There were many calls that

day. Witness did not know of any reports about Powelka being seen at Tokomaru till the following Saturday. He did not know that any trace had been found of Powelka at Tokomaru before Saturday. He did not know personally any of the • circumstances of the death of Michael Quirke. Witness did not know of any search being made particularly for a man with a mark of the handcuffs on his face. The police did not necessarily search for Powelka only in connection with the matter. They did not get the information about Maguire striking his assailant till four days after it had happened.

Inspector Wilson stated he was present at the post-mortem examination, and saw the bullet extracted from Maguire's bddy. He also went to Quartermain's rooms and took charge of his revolver and cartridges on the morning of. the death of Maguire.

To Mr Moore: The reason of taking Quartermain's revolver was because rumours had been circulated that deceased had been shot with a service bullet. He did not know at the time that deceased had stated "he may have been shot by a revolver bullet." He did not see that there was any necessity for taking charge of Quartermain's revolver on the night of the shooting. (Left sitting.)