JOSEPH JOHN POWELKA ON TRIAL

New Zealand Times, Volume XXXII, Issue 7139, 28 May 1910, Page 1

JOSEPH JOHN POWELKA ON TRIAL

MURDER OF SERGEANT MCGUIRE

EVIDENCE FOR THE DEFENCE

PIIOM ODE OWN COEEE3PONDDKT.

PALMERSTON, May 27. Tlie trial of Jo-soph John Powclka, charged with mnrdor of Police Sergeant McGuire at Palmerston on April 10th, was continued at the Supremo Court today before Mr Justice Cooper, It will be remembered that the Court rose early yesterday in older that the bullets might be re-tested on accurate scales.

Messrs C. A. Loughnan (counsel for prosecution), 11. Clifford Moore (counsel for defence), T. C. J. Hewlett (sheriff), and S. TLsda.ll (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 Tied all, recalled, said the weights were taken on Leary and Co's scales—the one previously used for testing the bullets. Mr Graham, the manager, supervised the weighing. The weight of the bullet found m McGuire’& body was 82 grains. The bullet' liom Quartcrmain’s cartridge, marked with a cross, weighed 78] grains. The bullet from the L.CJ.F. Colt (one of l J o\veika's) weighed 82] grains. Another bullet taken from Powe.Jka'vs revolver, which had previously weighed 84] grains, had on the second tret weighed 83 grains. The second bullet taken from Quartermain * revolver, which on the first weighing had scaled 82] grains, weighed Si exactly on the second weighing. The bullet taken from Powelka's bigger calibre revolver, which had on tlie lirst test weighed 125] grams, had on the second test weighed 1244 grains. Last night witness took two bullets from Powelka's small calibre revolver and weighed them this morning in the presence of Mr Graham. Each weighed 824 grains. Two bullets were also taken from Quarterniiun’s stock; one was 781 grains, and the other slightly less. There was not an eighth of a grain difference between them. “NO BETTER OFF." In reply to his Honor, witness said the only explanation lie could give as to th-e difference In weights was that the scales and weights were not accurate. “Then we are no better off than wc were before," said his Honor. Mr Loughnan: All the bullets have now been weighed on the same scales, your Honor. Archibald Janies Graham, manager < 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 would only account for an eighth of a grain. There must have been a miscalculation of tlie weights. He did not consider there was any possiblity of tlie final weights being Inaccurate. The scales were very doiicate, and the weigh- j ing 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, and counsel for the defence then proceeded to open his case. COUNSEL FOE THE DEFENCE.

Mr Moore said at the present stage of the proceedings ho did not propose to go into the case for the Crown at length, suffice it to gay that the case was one of such grave doubts that the jury could not have any difficulty in coming to its decision. Tire onus was on the Crown to prove not only beyond reasonable douot tliat deceased was shot by accused, but every other avenue by which the crime could have been committed by anyone must bo 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 His Honor stated the correct metaphor to uso v was not a chain, but a rope made up of many strands, each adding strength but none by itself sufficient for the purpose. ~ Counsel said the theory of the Crown was that accused loft Ash hurst at 0 o'clock on the evening previous to the crime. Ho would call evidence to show it was extremely likelv 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. 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 lie was at Earland’s house in Palmerston before 9.30. which was oxtromelv improbable, when I it was shown that ho did not leave Ash- J hurMt till 7.30. The Crown also sought to show Mint he had done many other things. That night he had visited Rlat-j tcry’s. Ho was supposed to have visited ; Alien’s, and he w:as also alleged to have : been at Hampton's before 10. He could \ not have done all that had lie left Ashhurst after 7.30. Then, as far as the kev was concerned. A locksmith would be called to sav that the key found on accused was not the proper key' for Mrs Farland's lock. It was vo'-y rusty. "Would a key in use every day be as rutsty as the one produced? It bore all the marks of having been. hung up for a long period. THE F AULA A D INCIDENT. 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 sthted that the cap found on Hampton’s lawn came from Farland's, but counsel pointed out that if-it were not proved beyond doubt that accused had been at Farland's there could be no significance in the finding of the cap. Evidence would be called to show that Hampton's statements -were mostly the result of imagination when he was telling about the figure approaching the gate find coming to his house on the- night of the tragedy. 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

RESULT OF TESTING WEIGHTS OF BULLETS

.320 ammunition. Dr "Wilson would alsc depose as to the liighly nervous condh tlon of Quartermain on the night of the shooting. .. EVIDENCE FOB THE DEFENCE.

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 smoking cigarettes and eating. Passing through Longburn witness 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 sheen’s tongues and sardines; also a couple “of playing cards left from a pack. He ■went to Perry’s store, and Perry said lie had missecl 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 sec for himself. Witness did not think ho" wont down, nor did he think tho police went down. To Mr Loughnan: The persons were two men and a woman. He was sure the day on which he saw the people was the 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. Later on Perry was called •by the prosecution in rebuttal, and he stated that he had sold some goods to three people on Gocd Friday evening. The burglary occurred on Saturday night. "STAND BY." Alfred Kichards stated that on the Monday night following the shooting of McGuire he had been accosted in East street, and oidered to stand by a man with two levolvers. He was in a* very excited state, and his cheek was smothered 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

the time of the tragedy. Mr Wingate, of Longburn, would be called to slate that ho had seen three persona at the back of his 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 Unco people also. McG EIRE'S LAST AVORDS. Speaking further on tlie .evidence, counsel referred to Sergeant McGuire's last words, when lie stated that ho had hit ills assailant over tlie face with handcuff*. Tins statement Was made on the Thursday after the shooting, and the significant thing was that on the Monday (tlie day following the shooting), a man named Richardson had been stuck up. bj" a man who had a scar on his face. Further significance would be added in evidence to bo called from throe 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 he had acted in a very peculiar. manner. No attempt had been made by the police to track that man. They were out after accused only. In regard to the ammunition, Mr Tisclall had said tliat the .32 calibre used by accused wag uncommon, and not easily procurable. Evidence would be called to show it was oasiijr obtainable in Palmerston, and (lie smuificance of the ammunition, evidence therefore was not very groat. QUAKTEEMAIN’S VERSION. Counsel proceeded to deal witli Detective thiailerauiin’s part in the affair of Sunday night. Ho alleged that Qu-ar-lormain himself was not sure whether ho might not have- Mint McGuire. ,lt was au extremely dark night; they wore on a dark lawn, ami there was a good, deal of excitement, and counsel did not think anyone could tell accurately the positions of the actors in the tragedy on the lawn. Counsel further contended that tlio fact that Qnartcrmnin had saved the shells of the exploded cartridge* showed ho was nob clear on the matter. The ammunition produced bv Quartermain was not appropriate to his revolver, and counsel contended that Tisdall's evidence showed that the bullet taken from McGuire's body was one of the two sorts appropriate to Quartermain's revolver. Further evidence would be called to show that on the morning after the shooting a man had called at tho U.F.C.A. and purchased

David Curry, farmer, said his house was opposite to Mrs Grammar’s at Ashhurst, where Powelka had left the note in the billy on the night previous to the tragedy. Ho was away from home between six and seven, but was certain no one could have gone to Mrs Grammar’s during that time without being seen. It was pretty dark at seven. He said in cross-examination that there was an empty house near Grammar’s. Robert Herbertson said he was a farmer on tho Biinnytliorpe-Ashhurst road, and that on the Saturday in question between seven and nine p.m. the dogs barked furiously and Hi cm wojo silent. Witness went out and saw nothing. Then he detected a sound about fifty yards away. In the morning he found that someone had been in the cowshed during tho night. William Richards, locksmith, examined tho Jock from Mrs Farland’s door. The key found on accused when arrested might belong to the lock, but it would bo impossible to say absolutely. The leek was a very common one and a dozen makes of keys would fit it. Tho key would also unlock any other lock of the sa mo dcs cri pti on. To Mr Loughnan: For a common lock, one key of the same pattern ’ having no peculiarities of its own would bo indistinguishable by a locksmith from other similar keys. A person handling the key every day would be 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. AT LONGBURN.

and ho was dark. The occurrence was just before 7; it was dark. To Mr Loughnan: He thought his assailant was accused because ho had heard so many rumours about him doing similar things. He had described tiie man to the inspector that night as having a grey suit on. He admitted having iolrt the inspector he was sure it was the accused. He thought so till he saw the accused in the lower court, and when he saw there was no scar he saw he had made a mistake. The scar on liis assailant's face was a red mark in the nature of a bruise. The skin was not broken; there wa,s a swelling on the forehead. .

Three witnesses from Ashhurst deposed that they saw a strange, wildlookiNg man about Ashjmrst the day before accused was arrested. He had a sear on his cheek, another on his nose, and a third on his chin. He was not at all like accused. * MEDICAL TESTIMONY.

Dr Wilson stated that on the night of April- 10th he was called, to Hampton’s residence shortly after eight. He was told -to go into tho house, which was in darkness and the door was partly open and Sergean-t McGuire was on the floor. Inside the door Detective Quartermain was, with the sergeant, and was in a very nervous and excited state. Everyone except the sergeant was excited. At the hospital after the sergeant was placed in his bed Detective Quartermain showed witness his revolver. He struck witness as being very much excited, even at the hospital. He told witness what had happened. He said that he, the sergeant, and a constable examined the premises. He went round the hack of the house. Ho heard the . sergeant call out; ire ran hack, heard a report, saw a hash, and fired two shots at the flash. The sergeant dropped against tire house. Witness was of opin. ion that a blow from a pair of hand culfs would Leave a bruise for a fortnight. It was, of course, a matter of force. To Mr Loughnan: The brurso would be quite as severe if not severer through cloth, such as when a man wore a mask. If the handcuffs were held by the chain they could still leave a mark that would last ten days. Witness was quite sure of the particulars of Quartermain’s account of the tragedy. Ho never mentioned Hampton in the matter. Witness was quite confident Quartermain said ”hc fired two shots, at tho flash, and the sergeant fell against the house.” Witness did not understand from that that Quartcrmam meant the sergeant fell as a result of his two shots. Witness did not believe for a moment that Quartermain. had seen the ser-

geant fall. To Mr Moore: From the position marked on the plan .McGuire could not have fallen against the house. THE CARTRIDGES.

David Wishart Mitchell, on employee of the U.F.C.A., said that on the Monday following the murder he sold a number of boxes of .320 English revolver* cartridge*. Witness had fcccu Detective Quai-termam yesterday, but could not swear that he had sold him any cartridges. , , . Henry Hall, who disenbed himself as a mechanical engineer, stated that on the Mondav morning following the murder he was" in the U.F.C.A. between 8.30 and 9. He was reading the paper when a man came in whom he did not know. The man passed close to him, and witness saw his face. Ho purchased n box of cartridges. Witness saw Detective Quartermain in the Court la<=t Monday, rind to tho best of his belief he considered him to be the man who bought the cartridges on that Monday morning. DTD THE WITNESS ERR? Witness was very voluble in his answers in the enosts-examination, .and received an admonition "not to talk so much” from his Honor. Finally Mr Loughnan put the question: ‘‘lf three witnesses go into the box and swear that on the Monday morning iu question between 8 and 10 Quartermain was on the Foxton line with three other officers, will you still say that to the best of vour belief you saw him in the E.F.C.A. ?” Witness again became voluble, and his Honor had to put the question once more. Witness then replied, “No, your Honor,” and his Honor added, “I should tliink not.” Later on his Honor asked Air Moore if be were going to contend that Quartermain had bought .320 cartridges on the day following: the murder? Counsel said he did not think so. His Honor, however, thought it safer to have rebutting evidence, and John F. Manning, Constable King, and Sub-In-epcctor O’Donovan deposed that Quartermain left the police station in a cab 07) tli© day in question at 8.10 a-m., and did not return, till about 9.30. He was with

two of the witnesses all the time, and was doing dutv on Foxton line. Charles Albert Shorlt, in the employ of Arthur Hopwood, ironmonger, said tho firm sold n good many revolvers during the Powolka neare. The commonest calibre wad .32, but they ranged from .22 to .33. The ammunition produced was .32. L.C.F., which had bean in stock on April 9th. The two boxes (produced) came to hand two days ago. , Mr Moore stated he ordered them for the purpose of this case. Other witnesses were called to show that at the time Hampton saw the figure of a man jumping the fonco near his place it wa* two dark to recognise him. They had conducted a series, of demonstrations on two nights in May, but. these look place ah hour later than the time Hampton swore to. Jlxs Honor thought their statements were open to ertieism, and said it wa«s unfortunate tlmy had not been made at tlie proper time. This closed the evidence for the do fence, and the Court rose for the day.