ALLEGED MURDER.

Manawatu Standard, Volume XLI, Issue 9222, 26 May 1910, Page 2

ALLEGED MURDER.

THE CHARGE AGAINST JOSEPH

POWELKA

The charge of murder against Joseph Powelka was proceeded with after we went to press yesterday. There was again a very large crowd in Court. Tho following additional evidence was taken: Erie Hampton, a Ferguson street resident, who carries on a butchery in the Square, stated that Powelka was m his employment last year. The witness kept his shop open till 9 o'clock on Saturday nights, but it was not part of Powelka s dutv to attend on Saturday nights, lowefka- was aware- that the shop traded on Saturday nights, and that it was the custom of witness to convoy tho Saturday's takings from the shop to the residence after closing timo at the week end. It was about 9.45 when he got homo on Saturday night, April 9 which was a little earlier than usual. If toad of cycling down the drive he walked clown and came in contact with a wire stretched across the path. He reported the matter to the police, and next ™ orn "f, eearched about the orchard. He touna that the lawn gate had been tampered with by a chain being put around it as a fastener. He also found some halfeaten apples and saw that at the same place someone had been lying down, and also his wife found a heavy stick Tying near tho path. The witness proceeded to detail how he waited on the I night of April 10 (a Sunday), under a i willow tree, and saw a man enter his ■ grounds. Hampton made reference to an allegation that when the man jumped tho fence to cross the road and enter his place ho deliberately straightened himself up before proceeding. The time was about 7.15; tho light was sufficient for him to make somo observations ot | tho man, who was fairly tall and who ho took to bo Powolka. The man 6 actions resembled Powelka's; it was .like his walk, and Powelka always straightened himself up if ever ho'got a- bit ot a bump. ' The witness reported the matter to tho police and a detachment ot six officers in plain clothes went back with him. Detective Sidclolls. Constables King Wilson and Dunn were posted about tho place in the rear, and with Sergt Maguire and Detective Quartermain the witness entered the grounds. Quartormain and witness were at tho bottom of the drive when they were attracted by cries. They rushed to the lawn gato and were about two or three yards through it when he saw a flash, heard a report and someono shout I m hit!" Instantly Quartermain tired at what witness judged 'to be the flash. They saw Maguire lying there and he eaid: "For God's sakt, fetch a doctor, and bring the boys." Ho then detailed his process of apprising a medical man. and said that people had congregated outside tho house. Questioned by Mr Loughnan, he said that judging by the flash he thought the first shot was fired from about _•a foot above tho ground. He also described a peculiar cry which he heard, and said that it resembled a cry ho had heard from Powelka in a moment of alarm. Ho later found two hats on the lawn, where tho struggle had taken place. He was familiar with Powelka's signature and identified that on the letter found at Ashhurst ae by Powelka. Cross-examined by Mr Moore, Hampton said that his usual course was to leave the shop about a quarter to ten and get home an hour later, having spent an hour in town. On April 9 he went home an hour earlier. When _he found tho wire 1 ho did not at once think it was Powelka who did it, but wont and enqujrod within his house. Mr Moore asked witness whether on finding the wire he had not blamed his wife for playing a practical joke on him. . . .

There was some laughter in tho body of" the Court at this question, and his Honor sternly rebuked thoso responsible. "If there is another outburst of that nature I shall clear the, Court of the public. Here is a man being tried for his life and the crowd at the .back is callous enough to laugh at the evidence." Replying to further questions, tho witness said that on the Sunday morning he found bloodspots on the fence and along the path, and deducted tho idea therefrom that tho man had cut himself. On Sunday night ho lay in wait for a possible reappearance of the man. He had decided during the day that it was Powelka who had paid tho visit, and that ho might return on the Sunday night. He noticed distinctly that tho man had a three-quarter coat on. They wero then about 24 yards apart. By the time the man got to the middle of tho road witness had made

all tho recognition he wanted to. He did not see the man's face. He could

not ewear absolutely that it was Powelka. Tho most he could say was that tho impression on his mind wat> that it was Powelka. That was the furthest

he could go. When ho went away for the police his wife and others were in the house, but they were not in a state of alarm. They had not made any definite arrangements with Sergt. Maguire, but ho expected them to come back_ round the house from the opposito eide to which they went. Hearing the cry, they returned by the same way that they left, which was unexpected 'by Maguire. Ho was absolutely certain that three shots were fired. They were about five or eix yards from the man who fired firet. It was pitch dark and they could see nothing. They could see the outline of two forms, and it appeared as though they were wrestling. Mr Moore: Then if Quartermain fired at the flash he muet have firod very close to tho wo men. Witness: I suppose so. Under further cross-examination, witness said that on the night on which Messrs Moore, Bagnall, and Bonti had visited witness's house he had not seen Mr Bagnall jump over the fence very plainly. He could only see the6hadow. It was not, however, fair to compare tho light at 8 p.m. in the middle of May to 7 p.m. on the 10th April. The

light at Alexandra street at the time of the test somewhat dazzled his eves. He had not seen that light on the night of the tragedy. His Honor remarked that the light at 7 o'clock on the night of the tragedy and that at 8 o'clock a month later could hardly be compared. Mr Moore said he had evidence to

show that it was as dark at 7 p.m. on the night of the tragedy as it was at any time during that night. Ho intended to ask that the jury be taken to the house one night, even when there was a moon, in order that they could have demonstrated to them the impossibility of seeing anyone leap the hedge from the place where Hampton stood.

His Honor: I don't think I could allow this, but you may make your application in due course. To the foreman of the Jury: He had not taken notice what kind of hat the man was wearing.

Detective Siddells retold his story of being one of the party of police who proceeded to Hampton's. Dr. Martin, recalled, said a blow from a pair of handcuffs would leave a mark on a man's face for at least ton days.

Detective Quartermain, who had been associated with Hampton on the night of the 10th, was called next. In the course of his evidence he said that the ammunition (produced) had been in his possession seven years. Replying to questions by Mr Moore, he said that there was no arrangement with Maguire except that they were to search tho outhouses at the back. It was so dark that he could not see anything. He could not speak for Hampton as to what the latter did, for Hampton, he thought, was slightly to his rear. He saw nothing until the first shot was fired, but when the flash went ho could seo the man who had fired, and he could still 6ce the figure afterwards. He did not fire at the flash: he fired at the man. He fired straight from the shoulder. He had since found a mark on a fence thirty yards away, and that mark he took 'to"have been made by one of his bullets. However, he could not swear positively to that, and he had not found a bullet thereabouts.

■ Mr Moore: "You didn't get any ammunition since?" <

Witness: "No." Mr Moore: "You're sure of that? Witness: "My conscience is quite clear on the matter. I know the seriousness of tho charge against this man, and if I thought for one moment that I shot Maguire I would say so." Mr Moore: "But you are aware that Maguire eaid that it might have been you who shot him." Witness: "You will remember he also said .that he was sure it was the first shot which struck him. I am quite aware of the nature of tho charge against this man, and the punishment should ho be found guilty, and I swear positively that this is the only ammunition 1 ever hud in Palmerston." Mr Moore: "And you have not bought any since, you say?"

Witness: "No." , "Have you been in any ironmonger s shop in Palmerston since the tenth to purchase am'?" Witness: "No." . Mr Moore: "I put it to you plainly, because a witness is going to swear that I he saw you?" His Honor: "Before I can allow you to call that witness for that purpose, you must question this witness much more closely by giving him time, place, and date." . ... Detective Quartermain: lhcre will be no need for that, sir—tho witness IC Mr Moore: "Very well. Did you, on Monday morning, April 11 (after the shooting), go into the U.F.C.A. in Palmerston North, about 9 o'clock, and purchase a box of English 320 (that s 32 calibre), central fire, revolver ammunition ?" T , Witness (emphatically): jNo. 1 have not been into any ironmonger s shop. At nine that morning I was (1 Think it is three or four miles) down the Foxton line on duty with several other members of the police force." ~, Mr Moore: "What time did you go down?" . ~ , Witness: "After our return from that block about seven o'clock we were detailed by the sub-inspector to go, and I should -say it was ton when we retUMr Moore: "To go back, to the Sunday night: Weren't you in a highly nervous state that Sunday night? Witness: "No; I was not. Replying to a final question, witness said that he did not remain on Hampton's premises after the shooting. He instructed Constable Dunn to stay there, and went with Maguire to the hospital The Court adjourned till 10 o clock this morning.