THE PRISONER POWELKA.

NZ Truth, Issue 265, 23 July 1910, Page 5

THE PRISONER POWELKA.

DEPUTATION TO DR. FINDLAY.

Posing Politician Makes Plenty of Points.

MR JUSTICE COOPER SUPPORTED.

Powelka to be Scientifically Studied.

After all the fuss created- by a certain section of the daily press the Government, through the Minister for Justice, the Hon.- Dr. Findlay, K.C., yesterday (Friday) informed a deputation that it could not interfere with the course of justice m the case of Powelka. Who Joseph John Powelka is nobody needs to be told. Certainly when Mr Justice .Cooper, at the last criminal sittings of the Supreme Court at Paliucrston North, sentenced Powdka to terms of imprisonment totalling 21 years, there went up all over the Dominion a lioavl of indignation and resentment at what appeared to be a harsh and unjust sentence, and m the endeavor to ride on the wave of popularity one particular newspaper lent its columns to an outrageous abusive attack on the judge who-, m the qpursc or his duty to Society, adopted stringent precautions for the protection of "the public and the care of the.p risoner by imposing such terms of imprisonment, which rendered Powelka harmless for sometime to come. It cannot be charged against "Truth" that it lias ever- yet failed, where there appeared to be anything suspicious, harsh or unjust m the administration of justice, to boldly express its opinion on that administration. '"Irutn," however, declined to Become a party to the inflammation of the public mintl against Mr Justice Cooper, because it; fcheri believed that the reasons actuating him m exercising apparent severity were H.tsed on. strong grounds. More than hat, "Truth," m the endeavor to calm 'ie public mind, gave publicity t 0 certain '■:.-.ots which stamped Powelka as being a -.'-•generate of the worst and vilest character, whose safe detention was essential In public interest. These assertions were verified at the deputation yesterday, and "Truth" still declares that m the face of the medical statements, Powelka, though deserving of pity, is, nevertheless, a fit; subject for scientific treatment, and that it would be dangerous to suggest any remission of the penalty imposed until it is made abundantly clear that Powelka is fit to he a-t large. On tihe whole, l*e result of yesterday's deputation m a thorough vindication of "Truth's" attitude. -PoweJka has had much to answer for. Two human lives have been sarcificed, and one editor lost his berth. Dr. Find lay made some strong observations on the cowardly . conduct of the press m attacking Mr Justice Cooper, and m innaming the public mind generally. "Truth" for once has escaped Ministerial condemnation ; that "Truth" stood between pu'iilic. opinion inflamed by a puerile daily press and the judge who had to remain silent, iright, at least; .have received the credit due, but the public will see that-, so far as Powelka was concerned, toe daily press were engaged m a course of vi)c vituperation and wicked misrepresentation. Had a few mq-Viiries been made, the prisoner Powelka Would not have been transfigured into a martyr, but properly presented as a dangerous criminal, and an unfortunate degenerate, whose detention m some safe place of Keeping was essential to the interests of society.

Yesterday's deputation on the subject, which was introduced by Mr D. McLaren, M.P., included Messrs Hogan and Wright, M.'sP., Messrs Wm. McLean, Gray (Wanganui), Egan (Pahiatua), R. Hogg (Wellington), a couple of Petone parsons, and repres6ntatives of the Wellington Trades and Labor Council. A petition bearing 14,120 signatures, praying for a remission of the sentence, was presented, and the speakers all traversed grounds which are now familiar. Various views and opinions were offered, and were certainly listened to very patiently by Dr. Findlay, whose reply was of considerable tength, and showed that every aspect of the case of Powelka had 'been carefully and closely investigated. Incidentally, it occurs to "Truth" that the Minister for Justice took advantage of an excellent opportunity to pose before 'the deputation, and through the deputation and the press to the people of the Dominion as a humanitarian politician. "Truth" ,says the Minister took the opportunit}', because it looked very much like it, as his -announced determination not to interfere with Uhe course of justice could very well have been given m a few words, and not m a carefully-prepared oration on prison reform generally. Putting apart, however, this bid for popularity as a prison reformer, it must- be conceded to the Minister that he made out a goctt case for Mr Justice Cooper, and completely tore to shreds the daily press-made ami boomed popular version of the Powelka business. He admitted that he was fully and genuinely impressed with the expression -oi the views of the 1(1,000 odd people who had signed the petition, that the sentence was excessive and that it should be reduced. He was impressed with what had been said by the various speakers, ani he was further impressed with the grave step that he .was asked to take. Then followed an outline' of his proposed prison reform, which, if he had his Avay, would be placed o n the Statute Book this year. The main point, it seems, oi this scheme is this : m all gaols criminals must be left as far as possible to work out their own reformation and liberty. Dr. Findlay, said he had given the Powelka case, close attention, and was going to 'deal with the matter plainly a nd firmly. He was asked to reduce the sentence imposed on the unfortunate man, by 14 years. What were his powers '! There were two, and only two distinct classes of cases m which he had any right or power to recommend his Excellency to reduce a sentence imposed by a court of justice. The first Was where the sentence imposed was so obviously unfair and excessive that no reason-ably-ininded judge could have imposed it. The second was where the prisoner, by 'good conduct, and who had received sufficient punishment was reformed and was fit for liberty. In the first place, he was 10 ask the Governor to over-rule and interfere with a judgment of a court of justice because it was alleged that the judge had not decided justly, and had imposed an obviously excessive sentence. Was it such a case ? Several of the speakers ' said that, on. reading the sentence, they had been stricken with horror, and had suffered physical pain. From these ■ words, the only conclusion must be that the sentence was obviously excessive. It left only one view, and that was that the judge stood arraigned before public opinion as an unreasonable man, and they were entitled, therefore, to ask the Governor i-o interfere, to exercise the power invested m him and reduce, ■the term of imprisoniment.

The Minister then went o n to deal with the requisition of remission of Fowelka's sentence. In this matter he could exercise a wide discretion indeed. tic mentioned that if. Governments interfered with the course of justice m that respect the power of wealth would manifest itself as it did m America. He would poi*tt out further that remissions of sentences were geirerally made after a person had served a considerable portion of his term, but m Powelka's case, only a tew weeks had been served. Reverting to whether the sentence imposed was obviously unjust, and such that n o reasonable judge could have imposed, the Minister asked what were the admitted facts? After traversing the circumstances, the Minister said that the catalogue of crimes of which Powelka had pleaied guilty to, and had been convicted of, included two grave charges. lie had engaged m burglary armed with a deadly weapon. Be had 'engaged m the nefarious busimjsß of house -breaking. lie had worn

disguises and carried revolvers, and he had dum-'dum bullets m his possession when arrested. For the onence ol arson Powelka was liable to imprisonment for life, and could it be said that he was excessively punished by being sentenced to seven years' imprisonment ? He would have to serve 15 or 16 years' imprisoniment m all, and that was apart from special- remissions for special good conduct.

Next the deputation were treated to a dissertation on habitual criminals, and after an eulogy of Dr. Hay, the Inspector of Prisons, the Minister asserted v-uat Powelka's treatment m gaol would be very different from that Avhioh he would receive m a mental asylum. In sentencing Powelka, the judge had not been influenced by suspicions ; he was bound m duty to decide on the proved- circumstances surrounding the crimes. Powelka was an armed criminal at large"; MM' ,tie would have used his revolvers on the arresting constables had he not been prevented. The deputation did not impute unfairness or impropriety to ' the judge, who had acted honestly. He had to remain silent m the face of very much bitter criticism —it might be called abuse— that had been published m the press. The judge, the Minister further added, was entitled .to impose the sentence which jtie did, and he (Dr. Pindlay) supported the judgment. He took lea^e to say that Mr Justice Cooper was a humane, painstaking, capable judge. Some of the af-tacks made on him m several newspapers were only fit to be called disgraceful. He would have to decline to advise the Governor that it was; a case where the sentence was so excessive that no reasonable judge could have imposed it.

In conclusion, the Minister dealt with the medical reports concerning Powelka, and gave the deputation the assurance that the prisoner, • under flic newly-pro-possd scheme, would be the subject of scientific treatment. ' ' •»