ALLEGED MURDER.

Manawatu Standard, Volume XLI, Issue 9223, 27 May 1910, Page 5

ALLEGED MURDER.

JOSEPH POWELKA ON HIS TRIAL,

(Continued from page 3.)

The trial of Joseph Powelka on a charge of murder of John Patrick Hacket Maguire, at Palmerston, on April 10, was continued this morning. It will be remembered that the Court rose early yesterday in order that the bullets might be re-tested on accurate scales. Messrs C. A. Loughnan (counsed for prosecution), H. Gifford Moore (counsel for defence), C. J. Hewlett (sheriff), and S. Tisdall (small arms expert) went to Messrs Leary and Co.'s premises again, and there tested all the bullets put in during the hearing of the case. Stanley Tisdall, recalled this morning, said he had again tested all the bullets in company with both counsel and the sheriff. The weights were taken on Messrs Leary and Co.'s scales, the ones used in the morning for testing the bullets. The same operator used the scales, but Mr Graham, the manager, supervised the weighing. The weight of the bullet found in Maguire s body was 82 grains. It had not been weighed on the same scales before. The bullet from Quartermain's cartridge marked with a cross had not been on the same scales before. It weighed 78£ grains. The bullet from the L.C.F. Colt (one I of Powelka's) weighed 82& grains. The other bullet taken from Powelka's revolver, which had previously weighed 84£ grains, had on the second testweighed 83 grains. The second bullet taken from Quartermain's revolver, which on the first weighing had scaled 82g grains, weighed 81 exactly on the second weighing. The bullet taken from Powelka's bigger calibre revolver, which had on the first test weighed 125& grains, had on the second test weighed 124£ grains. Last night witness took the bullets from Powelka's six-chambered small calibre revolver, and weighed them this morning in the presence of Mr Graham. Each weighed 82Js grains. Two bullets were also taken from Quartermain's stock. One was 78| grains and the other slightly less. There was not i grain difference between them. In reply to his Honor, witness said the only explanation he could give as to the difference in the weights was that the scales and weights were not accurate. "Then we are no better off than wo were before," said his Honor. Mr Loughnan: All tho bullets have now been weighed on the same scales, your Honor. Archibald James Graham, manager of Leary and Co.'s pharmacy, said he had supervised the weighing of the bullets, and was satisfied the weights were correct within an infinitesimal fraction of a grain. The scales were proper dispensing scales. He could not account for the difference in the tests. The adjustment made at two o'clock would only account for an eighth of a grain. There may have been a miscalculation of the weights. He did not consider there was any possibility of tho final weights being inaccurate. The 6cales were very delicate, and the weighing took place in a glass case to prevent the air influencing the scales. Witness considered himself an expert in the matter of handling the scales. This closed the case for the Crown. THE DEFENCE.

Mr Moore said at the present stage of the proceedings he did not propose to go into the case for the Crown at length, suffice to say that the case was one of such grave doubt that the jury could not have any difficulty in coming to its decision. The onus was on the Crown to prove not only beyond' reasonable doubt that this man was shot by accused, but that every other avenue by which the crime could be committed by anyone must be closed. Counsel proceeded to state the meaning of circumstantial evidence, on which the Crown relied. Circumstantial evidence had been likened to a chain, and the strength of a chain was the strength of its weakest link.

His Honor, however, stated the correct metaphor to use was not a chain, but a rope made up of many strands, each adding strength, but none by itself sufficient for the purpose. Counsel then dealt with the evidence for the prosecution. Ho said the theory of the Crown was that accused left Ashhurst at 6 o'clock on the evening previous to the crime. Counsel would call evidence to show it was extremely unlikely accused put the letter in the billy at Ashhurst before 7 o'clock, and the Crown sought to prove that it was left there at 6 o'clock. Accused would not leave his hiding-place till dark, and the ordinary avenues of travel were closed, so that it would be much later than the Crown contended when he got to Palmerston. More evidence would be led to show it was extremely improbable that accused left the vicinity of Ashhurst till 7.30. It was sought by the Crown to prove that he was at Farland's house before 9.30, which was extremely improbable when it was shown that he did net leave Ashhurst till 7.30. The Crown also sought to show that he had done many other things that night. He had visited Slattery's; he was supposed to have visited Allen's, and he was also alleged to have been at Hampton's before ten. He could not have done all that had he left Ashhurst after 7.30. Then as far as the key was concerned, a locksmith would be called to say that the key (produced) found on accused was not the proper key for Mrs Farland's lock. It was very rusty. Would, asked counsel, a key in use every clay be as rusty as the one produced ? It bore all the marks of having been hung up for a long period. Dealing further with the Farland incident, Mr Moore stated that the finding of a boy's hat in Farland s led to the assumption that boys had been the thieves. "It had been stated that the cap found on the lawn came from Farland's, but counsel pointed out, that if it were not proved beyond 'doubt that accused had been to Farland's there

could be no significance in the finding of the cap. Counsel then proceeded to deal with Hampton's evidence. He said he would call evidence to show that Hampton's statements were mostly the result of imagination when he was telling about the figure approaching the gate and coming to his house on the night of the tragedy. Counsel contended it would have been absolutely impossible to see any^figure that night, and any recognition of the intruder by Hampton was out of the question. Evidence would be called to show that depredations were being committed by other persons about the time of the tragedy. Mr Wingate, of Longburn, would be called to state that he had seen three persons at the back of kis farm at Longburn eating goods stolen from Perry's store the day after the burglary was supposed to have happened at that store. If the fingerprint expert was infallible, then there must have been an extraordinary occurrence that night at Longburn, for accused must have been there and these ] three people also. Speaking further on the evidence, counsel referred to Sergt. Maguire's last words when he stated that he had hit his assailant over the face with handcuffs. This statement was made on the Thursday after the shooting, and the significant thing. Mr Moore alleged was that on the Monday (the day following the shooting) a man named Richards had been stack up by a man who had a scar on his face. Further significance would be added in evidence to be called from three Ashhurst people, who would say that in the week after the shooting a man with a .scar on his face had been seen by them, and ho had acted in a very peculiar manner. iNo attempt had been made by the police to track that man. They were out afteraccused only. In r«eard, to the ammunition, Mr Tisdall had said that the .32 calibre used by accused was uncommon, and not easily procurable. _ Evidence would be called to show it was easily obtainable in Palmerston, and the significance of the ammunition evidence therefore was not very great. Counsel proceeded to deal with Detective Ouartermain's part in the affair ot Sunday night. Mr Moore alleged that Quartermain himself was not sure whether ho might net have shot Maguire. If wes an extremely dark niefht; they v/cre on o. (lark lavrn, and there was

a good deal of excitement, J and counsel. Kiiid he did not think anyone, could, i*elli accurately the positions" of the? actor d. in the tragedy on the lawn. No _ »t- v tempt was made to locate the positions till some days after, when Hampton located the position \cn Detective CaßSfells only from memory. Counsel further "con; 1 tended that the fact < tßat Quartermain had saved the shells of the exploded cartridges showed he was not the matter. The ammunition produced by Quartermain was not appropriate "to his revolver, and counsel TisdalPs evidence showed that' the, ; bup§t| taken from Maguire's body was onei;r'p|| the two sorts appropriate to main's revolver. Further evidence w.ould.* be called to show that on the morning;; after the shooting a man had called

at the U.F.C.A. and purchased .320 ammunition. Dr. \Vilson would also depose as to the highly-nervous condition of Quartermain on the night of the shooting. Evidence was then called for the defence. David Curry, farmer, said his house was on the main road from Palmerston to Ashhurst, opposite Mrs Grammar's. At about 6.15 he went into Ashhurst, having then finished milking. He was back to his house about 7.10, and during his absence the doge had been barking to indicate that someone was about. Next day he found that one of his cans had been shifted. It was not likely accused could have been about the vicinity of his place in daylight without being seen. He could not have left the letter in the billy-can without being seen. To Mr Loughnan : It was pretty dark at 7.10 when he returned. There was an empty house near Mrs Grammar's. There were no other neighbours near Mrs Grammar's.

Robert Arthur Harold Herbertson said he was a farmer on the BunnythorpeAshhurst road, and that on the Saturday in question, between 7 and 8 p.m., the dogs barked furiously, and then were silent. Witness went out and for a while saw nothing. Then he detected a sound about fifty yards away. In the morning he found that someone had been in the cowshed during the night. William Richards, locksmith, examined the lock from Mrs Farland's door. In regard to the key (produced) it might be possible for it to belong to the lock, but it would be impossible to say absolutely. The lock was a very common one, and a dozen makes of keys would lit it. The key would also unlock any other lock of the same description. The key (produced) was made for a more intricate lock.

To Mr Loughnan: For a common lock one key of the same pattern having no peculiarities of its own would be indistinguishable by a locksmith from other similar keys. A person handling the key everyday would bo likely to know it better. The key was rusted unevenly. Witness did not think it impossible for the owner to identify the key after it had been rusted a second time. Alfred Richards stated that on the Monday night following the shooting of Maguire he had been accosted in East street and ordered to stand. The intruder had two revolvers. He was in a very excited state,' and his cheek was emothored in mud. On his temple was a scar, quarter-moon shape, about the breadth of witness's little finger. Finding nothing in witness's cart the intruder jumped out as quickly as he had jumped in. Witness thought •at •'the time that his assailant was accused, but was now quite satisfied he was not the man. He also knew McMinn by sight, and was quite certain he was not the man, because McMinn was fair and he was dark. The occurrence was just before seven. It was dark.

To Mr Loughnan: He thought his assailant was accuscd because lie had heard so many rumours about him doing similar things. Ho had described the man to the Inspector that night as having told the Inspector he was sure it was the accused. Ho thought so till he saw accused in the Lower Court, and when he saw there was no scar he saw he had made a mistake. The scar on his assailant's face was a red mark in the nature of a bruise. The skin was not broken. There was a swelling on the forehead. Charles Albert Shortt, in the employ of Arthur Hopwood, ironmonger, said the firm sold a good many revolvers during the Powelka scare. The commonest calibre was .32, but they ranged from .22 to .38. The ammunition produced was .32 L.C.F., which had been in stock on the 9th April. The two boxes (produced) came to hand two davs ago. Mr Mooro stated he ordered them for the purposes of this case. To Mr Loughnan: During the scare .32 L.C.F. had been sold by the firm. John Wingate, farmer, residing at Longburn, said the day after Good Friday he saw three persons sitting behind a hedge "at the back of his property. They were smoking cigarettes and eating. Witness then went away to merston, and passing through Longburn he saw Detective Quirke at Perry's store, and later heard that a theft had been committed. He then went to the spot where he had seen the three persons. He found tins that had contained sheep s tongues and sardines, also a couple of playing cards left from a pack. He went to Perry's store, and Perrv said he had missed a pack of cards. He also said he stocked Gear's .tongues, and witness then told him what he had discovered, and advised him to go down and see for himself. Witness did not think he went down, nor did he think the police went down. To Mr Loughnan: The persons were two men and a woman. He was sure the day on which he saw the peoplo was tho day after Good Friday. Mr Loughnan: Then if the burglary occurred on the Sunday following, what you saw would have no connection with it ? "I suppose it would not," witness replied. (Left sitting.)