MASQUERADING AS AN OUTLAW.

NZ Truth, Issue 253, 30 April 1910, Page 5

MASQUERADING AS AN OUTLAW.

The ialai evening o£ April 11, a* Paimerston North* had a sequel m. that town's S.Ms.- Court on Monday last, when Magistrate A. D. Thomson heard a number, cf charges against one Francis { Alexander McMinn, a . young Palmerstoa resident, wiio, when the Powelka scare \ was at its highest, madet a name Sox himself. The charges against McSiKnn were that he, with intent to intimidate Neil Shields, discharged Jirearros at the dwell-ing-house oi the said Shields ; also that he did demand admittance into the dWeliing-house of the said Shields, and with a show of violence alarm the said Snieliis. Further, that without authority oi the Falnieistou Borough Council, he discharged a firearm so near a public place, to wit East street, as to annoy the neighbors, contrary, to the form of the Dy-laws. Further, that he did assault one Marx Elliott Laybourne ; and lurtber that he did assault one Edwin Pratt. Mr C. A. Loughnan appeared for the police- and Mr H. R. Cooper for the defendant. The charge, .of assault on Layoourne was first taken, and the evidence showed that he was a resident of Fergusonstreet, and- on the evening of April 11, about six o'clock, having received same alarming intelligence re Powelka, he set off to ring up the police from Troßurfcha's place. He " cycled up to East-isfcreet, and, alter going up that street foe a couple of chains, he noticed a man -walking down the felt side of the street. Going on a little further, Laybourne inquired oi some spectators if they had seen any scouts. Somebody said,' "Yes, one of them has just p.assed," and Laybourne set oif aitjei the man he had passed. Ov erta'ving him, Laybourne asked the man (whom be subsequently identified as the defendant) if he was scooting, and received an affirmative reply, after hshich Laybourne cycied away, but was recalled, and, looking roiirid, found a man covering him with > revolvers. Laybournc dismounted, went tack to the man, and said, "What might your name be ? Is it Powelka ?" He replied "Yes, and don't you forget it." He caught bold of witness's hand, and said, "Thafs. ail right." "With that the man let go his hand and went away; Witness knew defendant only slightly. He saw him next day m company with De? teetiVe Siddells. The detective askted witness it he could recognise defendant as the man who had stuck him up. Witness thought that before he answered the detective the defendant said: "I am the man.'' Defendant also remarked that he had had his teeth out on that occasion. He" theft took his teeth out and spoke, and witness thought he recognised , the voice. He also recognised the hat. The man who stuck witness up appeared. to be sober, but had an unpleasant smeU of. drink about him. .. Laybourne, with true Palmerstonian instinct, took McMinn to be Powelka, and admitted having got a scare. ■ : To Mr Cooper : It was not dark at the time, bat there was rather a difficult light. Witness was not sure ito* the. man whom he had approached, and asked . if.be were a scout was "ttie man whom he had passed-- m East-street. He was' pn his way to tell the police that a sus-j picious-looking character was seen tt» gross the paddocks frota Fitzrov-efcreei to Ruahine-street. He thought it might be Powelka. He was not particularly n«- --■ vous before being stuck up. He, was not absolutely free from nervousness, bat be was certainly rather shakes after the stiddng-up. He would swear absolutely that the conversation between , them was as reported. Witness was dressed at the time m a light grey suit. He did not remember if he had " leggings on at tttß I time. He did not have an overcoat on. Laybourne, m further cross-examination Stated that the "Manawatu Times" published an incorrect version of what had J occurred. * Detective Siddelis, of WaaganuL. stated he saw defendant on the morning of April 14. He was at work. Witness told him be was instructed to dear up the scare of Monday sight, and asked him jt he would mind going up asd seeing some people. He assented, and they went up after 5 o'clock m the evening. * On the way up witness asked defendant if he bad not fired the three shots, and stock up some people. He said "Yes," and stated he had stuck up Pratt, Layboorne, and another. He denied having stuck up Richards. They went together to the shed at the rear of Shields' place, and defendant explained that be went to the shed on the Monday night, opened the door, and struck a match. Something rushed out, and he fired three shots. They then wept away and met Laybourne, .who said he did not recognise do- : fendant as the man who stuck him up. Defendant said : "It was me ; I had iay teeth out." He then took hie teeth oat and spoke, and Laybourne recognised him. Defendant said he had had a few drinks. McMinn's story was that be, with others, had, on April' 11, offered their services as scouts. They had been out all day, and worked round Hokowhitu. A-t about four o'clock another scout and witness went to the police station, and Inspector Wilson told them to be at the Frfesroystreet rendezvous at dusk, to hav.e messengers ready to send for the poKee if anything happened, and the police would have a motor car ready. A man named Slattery was to meet him at the corner of Ferguson and Ruahine-strccts a;t 6.30 but be did not turn up. Slattery did not attire, and while there Laybourne rode past. He had leggings or gaiters on, and defendant suspecting him caHed ont : ' "Challenge, stop I" Laybourne looked round, said nothing, and went on up Baldwin's right-of-way. Defendant ran after him, and called out again. Laybourne jumped off his bike and said : "Wiio are you ? Are you a scout ¥' Defendant said : "Yes." He said : "Are you looking for Powelka ?" Defendant again replied : "Yes." Layboirrne then said his wife bad seen a suspidous-look-iag man running across the paddocks and he was going 1 ' to ring up the police. He asked if there were any more scouts about and defendant replied "Hundreds." Defendant caught hold of Laybourne' s hand before he saw that he was not Powelka. Defendant then left him and came out of the right-of-way. Laybourne followed him. Defendant said he understood he was acting quite properly and did his oca. to keep the peace. To Mr Lobcfenan : Witness supposed Laybourne knew he was not Powelka. He was sober at the time ; he had had lour or five drinks between lour and five. He thought the whole of his movements teat evening were consistent w*fch such a condition. . He first levelled his revolver at Laybonme as he jumped off the bike, because he didn't know who he was. Laybourne's manner was excited. The re- i Solver v&s glvett to defendant by S. T. Hunt. He had only bad one drink -when Inspector Wilson gave him the orders to go with Slattery. Stephen Hunt, carrier, said he was with McMinn and others looking for Powelka on the day m question. There were four of them, and they .offered their services to the police to search Hoko;wWtu and the river bank to Ashhurst. Their services were accepted, and they !tafnt off. At 10 o'clock defendant and Slattery left the other two at the golf links. He did not see them again. • That was the case 1 for the defence, and

Mr Thomson: announced that Be woald reserve his decision till the following momma. He then imposed a fine of £5. \ ANOTHER CHARGE. After McMinn had been convicted of I the assault on Laybourne, v the charge of \ assafrt on Pratt was proceeded with. I Pratt' s version was that he was cycling home Von the day m question at about 6.30 p.m., When he was hailed and ordered to dismount and put up his hands. He did so,\ and approached the man and said, "What s\ tne mattex., Paddy ? What are you trying to frighten a man liKe this lor?" Ht; said nothing, but walked to- ' wards witness, and when he got close he said : -'C%, you're all right !" He had previously^ suqjg out: "Hold up your bands !" pointing a revolver at witness 'the 'While. • ; The comiaand ■ was followed py, "Or i'll blow your —..■:.■ , ■ brains, oat.?? Witness said : "What's up, Paddy ?" and put up his hands. He -was cycling home'l from work when accosted, and- did not|have a tight. As soon as McMinn put up the weapon witness recognised him. He had known defendant a few years. Defendant was nine or ten yards away Vfhen witness dismounted Crom his bicycle. He thought McMinn was somewhat under the influence of liquor at the time:, Other evidence of Prafctfs story was given.^ McMinn was plaiced m the bos, and said that, after the Layboome incident he -was au the corner of fßast and Ferguson streets, when be sa^ a man cycling. Not recognising Pratt, he challenged him and called on him to stop. He saw who it was, ''and remarked, 'AOh, it's you ; it's all right." McMinn (admitted . that he had had three or foot drinks through the day (between lour land five o'clock), Dirt was perfectly sober: . when he saw Pratt, and knew what <he was doing. Deleadant was trying to do his duty to the best of his ability. -I Cross-examined, • McMinn : said there was nothing suspicious about Pratt's appearance. He did not think it-was his dnty to bail up anyone who refused to hold up their bands and also to; threaten to blow their brains out. He jiid not think he used the language Pra*t attributed to him. '§ ■ ' His Worship" said that .the matter seemed to him to he far too; serious to be dealt with by a fine, as m the other case there were no extenuating circumstances beyond .the fact that he was assisting the police. His conduct was altogether too outrageous, and must be recognised as that by anyone. Defendant would he convicted, and sentenced to ■ one monWs hard labor. The remaining charges against McMinn -were withdrawn. ... A DISCUSSION AND A FlGffif. , Palmerston North having got rid of its sore head, the aftermath of the Poweika drunk, now regards itself as having been utterly, foolish, and having made an jragora of itself. Now that Court cases "of assault have teen occupying the attention of Magistrate A. D. Thomson, the ; scare of a fortnight ago is almost for-. ' gotten, and minor actors m, various tragedies have been under the limelight. One of these minor tragedies occurred m an Awapuni creamery, and the principals were Herbert Vaugkan, who charged an old man of sixty, named William Abbott Weebes with having assaulted, him on April 12 last. Vaughan's story was that he was a farmer living at Awapuni, 'and on April 12 he was taking his milk to tfae fac- , tory, where he met Weekes, and inquired where Weekes's son was. Weekes j replied, "He 'Went away yesterday (Sunday), and has jnot come back since. I west to the po&ee about him." Tins led Vaughan to express the hope that no harm would come to the younger Weekes. One word led to another, and Powelka, of course, was discussed, and from sundry observations on the part of Weekes, Vaughan learned that the oM man was a pronounced Powelka sympathiser, and , actually gloried .m Powelka's alleged heinous deeds. Vaughan gave it as Ms . unqualified opinion that there was noth- , ing admirable about the character of the , Poweika person. Argument ensued, and some most uncomplimentary remarks were made by the elderly PowelKaite, who cast various reflections on Vaugh- j an's height and build, the most objec- > tionable consisting of the expression— j . "You long, slop-made blank," which was followed by a challenge from the aggres- ! sive elderly Powelkaite to come and have j '. it out. Vaughan explained that be resented the insulting > reference to his height, which was more than he could bear, and he informed the S.M. tnat "No i Britisher could stand being spoken to like ] that!" He accordingly got down off the ' dray he was driving, but did not know \ whether he struck defendant or not. He shook him, and was going back to his dray when defendant picked up a big stone (produced), and threw it at complainant, striking him oa the back of the I head, and drawing blood. The evidence "of one Herbert Hartley 1 threw a little .farther light on the sanguinary scrap. According to Hartley, Weekes was sticking up for Powelica, and Vaughan was running him down. Defen- . dant said : "He's a better man than you, Herbert Vaughaa !" To which t Vaughan replied : "You're a confederate of his, Weekes." Then it was that Mr Weekes made reference to Vaughan's . height and called him down out 61 the . dray. Vaughan hit Weekes. a couple of times m the scuffle, aad when he was go- ' I°J? 4T* y i Weeke « l**Bd' *P a stone and ! hit Vaughan on the back of the head. , In his defence, Weekes said he had been [ forty years at Awapuni, aad had never _ been m court before. There was an argu- , ment over Powelfea on the morning m I question. Defendant said that Powelica was not guilty till he was proved, and : complainant said, "You're a confederate ' of his, Weekes?" Defendant then caHed ' complainant some names. He probably did use ttfe words complained of. But ; complainant called him a "grey-headed J old -." Complainant then jumped down out of the dray and hit defendant four or five trmes, awl " he was coming on : again when defendant picked up a stone ' and threw it at Mm. it just grazed him on the side of the head. Complainant was not walking away when defendant ; hit him. His Worship was satisfied that defendant was responsible for the trouble. If it bad stopped at the scuJile he would have been inclined to tc-eat it lightly, but defendant had bo right to throw the stone. He would be fined 40s and costs 14s, with solicitor's fee £1 Is.