CAPTURE OF POWELKA

Otago Witness, Issue 2927, 20 April 1910, Page 36

CAPTURE OF POWELKA

ANOTHER ATTEMPT TO ESCAPE. THE ARMY OF SEARCHERS. PALMERSTON N., April 12. Matters are very quiet in town to-night, - all the police being out in various directions. The weather has been miserably wet and 1 cold, and three or four days of it would almost "oertainly send the fugitive from his hiding to seek more food. The Hon. Dr Findlay, Minister of Justice, sent the following telegram to the Mayor of Palmerston North this morning-: " In order to organise the present search for Powelka upon the safest and' most effective lines, I respectfully suggest to you that you should co-operate with the police in limiting the voluntary assistance of civilians to capable and reliable men. Possibly you have already done this; in such event, or should you do so, please accept my thanks." INQUEST ON MICHAEL QUIRK. VERDICT OF ACCIDENTAL DEATH. PALMERSTON N., April 13. This has been a blank day in regard to Powelka incidents, and the town hasbeen very quiet. Many reports came in through the day from farmers and others who haveseen disturbances among their sheep or men disappearing in scrub or bush. Every swagger is now reported as Powelka. Just before midnight last night, for. instance, there was a call to secure Powelka in an empty house about a mile out of town, and police were dispatched. The house was surrounded and carefully approached, and an old man of 65 was awakened from his sleep. ■ He was the Powelka. This is only one of many similar raids with no better result. The police have constantly felt the want of dogs, and after this there should certainly be a couple of halfbred cattledogs or bull terriers at each station which could accompany constables on their beats and excursions, and be" trained by them to scent out Inen. There' is considerable local feeling over a party of Dominion Scouts in uniform, under Captain Dalrymple, being brought from Wellington to join in the search. The members of the local Volunteer corps and officers have assisted the police from the beginning as private citizens, and have done useful work in watches, etc. The Manawatu Mounted Rifles squadron has been out, but it was informed that it must not be considered as in a Volunteer, but in a private, capacity: Other corps have similarly helped and volunteered for further service, but while they were declined, these Wellington men were accepted. The Woodville Mounted Rifles also arranged to scour the ranges, but were refused permission. The Wellington Scouts have 'had South African service, but so have scores of local Volunteers, who have the additional advantage of knowing the district. On the arrival of the Wellington Scouts last night, they got to work at once, and had a man bailed up in a tannery at Hokowhitu. In the midst of a storm the police were called out, and found them with rifles surrounding a man, who was not Powelka. The evidence showed that Mr Quirk accompanied Sergeant Bowden, Mr Overton, and others in a motor car to the street where Powelka was said to have been firing shots. They separated, and presently the deceased approached Sergeant Rowden and Overton from another direction, carrying Sergeant Bowden's revolver in his right hand. He was challenged but did not stop, aud a bystander turned his acetylene bicycle lamp full on him. When challenged he crouched, and came on with his revolver presented instead of replying. After a third challenge by Sergeant Bowden Mr Overton fired with a carbine, the bullet entering the top of deceased's head and blowing it off. Mr Overton and Serg-eant Bowden said they thought the man was Powelka, and that he was .going to fire. Mr Quirk apparently thought one of them was Powelka, though this seems inconceivable. There were many people in the street and around them. Mr Quirk was a sober, steady fellow. He joined in the search at Pahiatua as a volunteer, and was with the party from Thursday till Monday.

After taking time to' consider. Mr Thomson returned the following verdict : " That the said Michael Quirk died by, misadventure—that is to say, from a wound caused by a gunshot, fired by. William Henry Overton in self-defence, each at the time believing the other to be one John Joseph Powelka, an escaped prisoner, who was known to be armed and who was suspected of having already used firearms to resist attempted arrest, and the deceased at the time the said William Henry Overton fired at him having the same William Henry Overton, covered by his revolver and apparently ready to shoot." The body was taken to 'Pahiatua today and will be buried there at 2.30 to-morrow. "DEATH OF SERGEANT PALMERSTON N., April 14, Maguire, who was shot on Sunday iiutU- died this inornino.

There is nothing new in regard to Powelka. "His last authentic appearance was at Bunnythorpe in the small hours of Wednesday morning, when a constable jfired two shots after him. Later on the same day he was supposed to have been seen,,;still_further north, near. Makeno, but since then absolutely nothing has been (heard of him, though there has been the usual crop of reports of alleged appearances. The police are watching all over the Histrict. (From Our Own Correspondent.) WELLINGTON, April 14. ,The news of Sergeant Maguire's death,' {which was not unexpected, was received With general regret here. Mrs Maguire and deceased's father have returned to .Wellington with the body. Sergeant JMejguire was 41 years of age, and had foeen in the force for 16 years. His wife, to whom he was married only three yea.rs ago, was Miss O'Brien, of Newtown. ffhere are no children. After doing duty Sn Dunedin, he oame to Wellington, where iie was much liked. Recently he had not ibeen in very good health. He was a plucky man, always ready to undertake dangerous work. THE SHOOTING OE QUIRKE. Referring to the death of .Quirke, the ■New Zealand Times says: " The astonish.tfierit with which the public will read jfche evidence given at the inquest concerning the death of Michael Quirke will fee "acompanied by a very keen desire to know what will next be done by constituted authority regarding his most lamentable affair. Here we have a case Hn which a police officer arms a civilian .with a lethal weapon, goes out .with him, also armed, in company with a third sperson carrying firearms, and before very long the three of them would appear to 3iave been on the point of shooting one or the other. The position seems to have ibeen at Bowden, Overton, and Quirke set out together, and in a short time Bowden thinks Quirke is Powelka, and threatens to fire. Quirke imagines Overton is. Powelka, and stalks him, and Overton is so convinced that his former comrade is the runaway about to shoot that he blows Quirke's brains out. Apparently if Overton had not shot Quirke the latter would have shot Overton, and ibeen himself shot by Bowden, and there would have been only one left of the trio who set out in company not long before. It may seem adequate to Palmerston people that this awful result of a panic should be disposed of 4jy finding that the death of Quirke was due to misadventure, but there are good reasons to jthink the rest of tha country will consider something more should be heard about this case. Obviously, the interests of justice demand that further proceedings must be taken to determine the exact responsibility, and that further inquiry should be made either departmentally or otherwise into the conduct oi Sergeant Bowden and the part he played in these very remarkable proceedings.

FUNERAL OF MR QUIBKE. PAHIATUA, April 14. The funeral of tire late Michael Quirke, the victim of Monday night's tragedy in Palmerston, took place this- afternoon in drenching rain. A preliminary service was held in the Catholic Church, and was conducted by Father M'Kenna and Father Hickson, the latter being a cousin of the deceased. There was a large "congregation, including Henry Overton. The coffin was smothered with wreaths, and signs of mourning were general in the town.. A large number of people in carriages and traps followed the hearse to the cemetery.

THE CAPTURE OF POWELKA. PALMERSTON N., April 17, The long chase after John Joseph SPowelka ended' yesterday in his capture at Ashhurst, the scene of his visit of a week ago, without bloodshed. Constable Gallagher, of Wellington, and Probationer Callery, were watching the house of Hanlcn, a brother-in-law of Powelka, in hiding under a microcarpa •hedge, at Ashhurst, when they saw a man go across a side fence at 4 a.m. They called upon him to stop, but he continued on, and dived into the darkness. Callery fired a shot after him, and •the two gave chase, and hearing the ting of a wire fence, followed into a paddock. It was dark, and they lost track of him, tout found three bottles that he had evidently dropped in the paddock. When they went after him they procured the assistance of Constables Thompson (of Wanganui), Watts (of Ashhurst), and Sylvester (of Palmerston ■North), and resumed the search of the paddock, and especially of a cowshed ,with a hay loft. Constable Thompson and Constable Gallagher climbed up into the loft. Thompson struck a match, and caught a glimpse of the figure of a man lying outstretched between the hay and the °wall, about 3ft below him,_ grasping ■a revolver in one hand as it lay tense toy his side, and a bottle of stout in the other. The man was lying as close as ihe could in the hollow against the wall. He had evidently heard the searchers in the shed below. He made no move, and Gallagher, with excellent presence of mindfcalled out, "There is nobody here," and after another look round descended the ladder again. He then got his mates outside, as though they had abandoned ihe search, and told them quietly the state of affairs, as it was felt that to tackle Powelka in the dark in such a position of vantage might result in much Joss of life. ...... , '. . ~ They remained in the shelter ot the ehed while one went to Ashhurst for a vlie-ht They knew that there was no ■mean's of escape, but by the ladder which Vfchey commanded, and that he would not Wove while he knew they were below, and as it had been a bitter and wet night there was good reason for keeping shelter without arousing suspicion. On the messenger returning with an acetylene bicycle lamp, Thoi- son, carrying the ligrlt, and Gallagher, went up the

loft again on the side where Gallagher had seen the man, while the others watched the other side of the shed. Thompson saw him still lying, but watching them, with the revolver pointed towards him. The two men pounced on him simultaneously. Thompson struck up his hands so as'to prevent any chance of his using the revolver had he been so inclined. He was evidently taken by surprise at the suddenness of the onslaught, and though he proved stronger than they had' calculated, and resisted the putting on of the handcuffs, the strong men in whose hands he found himself were too much for him, and the struggle was short. It was then just bef»re 7 o'clock. His captors took him into the Ashhurst Police •Station, where they searched him. In addition to the revolver they had taken from his hand, they found another in his pocket. Both were practically new weapons, and in excellent order. One was loaded in all six chambers, and the other in five. About 40 rounds of ammunition were found. He had money on "him, also email change, mainly threepenny pieces and coppers, and postal notes, as well as eight detonators, four of which"' wej-e spent. He had also a razor, comb, arid looking-glass, and was neat and cleanshaven. ; His hair was not long> : „and was carefully attended to and parted. -He wore a sou'-wester hat, a black mackintosh over a grey three-quarter over a heather mixture coat, and the now famous green riding pants and yellow leggings. The hay loft and shed in which the capture was made is on Scott's farm, and about 50 to 100 yards from Scott'-s house. It subsequently transpired that the railway station at\Ashhurst had been entered during the night, and an attempt made to blow open the safe without success. The till was opened, however, and small change taken. The goods shed was also broken open and some stout taken away. The arresters did not learn of this till a youth from Ashhurst brought the news to them at the cowshed. Powelka at the Ashhurst station asked *he police to shoot him. He said, " This is hell on earth; shoot me, and.then they carl say that I did it." He also expressed a desire to see his wife. He was brought in by motor car from Ashhurst to the station in Palmerston North. He went into the car quietly, but just after getting clear of Ashhurst, on a lonely part of the road, he suddenly put his feet against the front seat, and with an effort of surprising strength strove to free himself from his captor and get out of the car. Sergeant Foster, who was also in the car, seized him round the neck, and practically garrotted him for the rest of the journey. He came in with the two constables holding on and the sergeant with his arm round his neck.

At the police station there was already a crowd, but the car went through them and round the back into the lock-up. Powelka was then appearing to show weakness and weariness, which the police thought, after their experience, was assumed. He was surprisingly neat and clean and well-groomed, and his clothing was excellent, but it was soaking wet, so the police removed it in the cell and gave him hot coffee and blankets. He would not sleep, however, but paced the cell restlessly, and asked for his wife, speaking affectionately of her. She, however, refused to come to him. Dr O'Brien visited him in the goal. He asked the doctor to give him a dose of poison to finish him off. Powelka is in surprisingly good physical condition, „and does not show a mark of any kind. He will await his trial at the next sitings of the Supreme Court here on a charge of burglary, upon which he was held in custody at Wellington at the time of his last escape. Constable Gallagher, who found and captured Powelka, was the lock-up keeper at Wellington when he escaped through a deputy leaving a door open. INQUEST ON SERGEANT M'GUffiE. STATEMENTS BY DECEASED. WHO FIRED THE FATAL SHOT? PALMERSTON N., April 16. The inquest into the. circumstances surrounding the death of the late- Sergeant M'Guire was opened before Mr A. D. Thomson, S.M.. and a jury this morning, and adjourned to enable the jury to view the scene of the shooting in 'Mr Hampton's garden. Mr C. A. Loughnan, who appeared for the police, said it was proposed to put such evidence before the jury as would enable them to come to a decision on the matter. It was not proposed to place before them a direct charge against any person, but evidence of the identity of some person on the premises would be given. ' When the inquest was resumed, Dr Martin gave, evidence that death was caused by the suppression of urine and septic peritonitis, the effect of a gun wound. The shot had been a richochet, from the nature of the wound he judged that it had been fired at close quarters, there being considerable blackening- round the wound. The track of the wound was upwards. He thought the shot was fired sideways or upwards from the ground, and either both men were lying down, or the sergeant was standing above the man who fired. Dr Martin also read statements made by the shortly before his death. The state'- - to the effect that he

could not s _ was Powelka with whoni he struggled, but the man had a big hard hat on his head. He struck the man in the face with his handcuffs, and they closed and fell to the ground. He called Detective Quartermain, and the latter came and fired two shots. He was certain that Powelka fired first. That was the bullet that struck him. He was lying on the ground when he was struck. Dr Martin also deposed that the bullet produced by Inspector Wilson as having been one of those in the revolver fired

by Quartermain, was totally different to that extracted from the deceased.

Inspector Wilson deposed to having received the cartridge and revolver from Detective Quartermain. The bullets taken from the cartridge in Quartermain's revolver were different in structure, size, and weight to that extracted from the deceased. Sub-inspector O'Donovan said that Sergeant M'Guire had, in reply to a question by witness as to why he had not taken his revolver with him, said, "I'm glad I didn't. I would not have used it, at anyrate; I might have shot him, but I'm better pleased that he shot me." The account of Mr Hampton, owner of the house where the affair took place, was that he saw a man he thought was Powelka go into his garden. He fetched the police, and while he and Detective Quartermain were searching the orchard. Sergeant M'Guire being in the front of the house, he heard two frightened squeals, which' he thought he recognised as Powelka's. He and Quartermain rushed back to the front lawn, where two men were struggling. When some yards away they saw a flash, .and Quartermain at once fired in that direction. It was dark, and' 'they did not see the sergeant's assailant escape. • j Detective Quartermain said that when they reached the lawn it was too dark to see anything, but he saw a flash and heard a report, and then saw a figure standing up. The flash came from that figure, and he fired at it. It was too dark to be sure who the man was, and they were giving chase when they found Sergeant M'Guire on the ground. While they paused to see what was wrong, the man escaped. rM'Guire told witness, at the time that-he had closed with the mar. they saw, and that both had fallen to the ground. The other man was up first, and had shot him while lying on the ground. Detective Siddells deposed to having found a green cap lying on the lawn after the shooting incident, and Albert Robertson identified the cap as having been stolen, with some food, from his house on the Saturday night prior to the shooting. The jury returned a verdict that the deceased died at the Public Hospital, Palmerston North, on April 14, 1910, from the effects of a gun wound wilfully inflicted by the man with whom he was grappling while endeavouring to arrest him at Erl Hampton's property, in Ferguson street East, on Sunday, April 10, 1910. THE FUNERAL. WELLINGTON, April 17. The burial of Sergeant M'Guire took place this afternoon at the Karori Cemetery. There was a very large attendance. The hearse was preceded and surrounded by nearly 100 members of 'the police force. About 70 carriages followed, and there were many people in the cortege, which was about half a mile long. GENERAL ITEMS. PALMERSTON N., March 15. The police are still inquiring into the incident of the shot alleged to have been fired at the Foxton train, but place no credence in it as being in any way connected with Powelka. In connection with the incident of the sticking-up of Mr Laybourne, on Monday night, and Mr E. Pratt, a summons has been issued against a local resident on a charge of assault. 'lhe matter will be ventilated. In the case of Mr Laybourne, it will he remembered that he was stuck up outside his. own house by a man who, according to Mr Layboiirne's story, claimed to be Powelka, and who, he alleged, presented a revolver at him. In Mr Pratt's case, he states that lie was stuck up by an individcal with a revolver, who laughingly told him to go home. POLICE TAKING NO CHANCES. PALMERSTON N.. April 18. Powelka was taken to Wellington in the early "train this morning. The prisoner travelled in a special carriage with Sergeant Dart and the Wellington contingent of police who have been engaged searching for him. Detectives Cassels and Siddells are remaining at Palmerston North to investigate the cases of supposed incendiarism and robbery under arms, also the affray leading to the death of Sergeant Maguire. '.■••■• ACCUSED BEFORE THE COURT. ANOTHER REMAND. WELLINGTON, April 18. Powelka. handcuffed on either side to Constable Gallagher and Probationer Callery, appeared in the Magistrate's Court to-day on one of the charges of breaking and entering and "theft at Palmerston North. The alleged offence is connected with the theft of a butcher's steel, valued at 10s, from the shop of Arthur Dixon, in August last. The prisoner was remanded to appear at Palmerston North on April 26. THREAT BY THE ACCUSED. PALMERSTON N., April 18. Powelka was not greatly communicative yesterday after his recapture. However, "he called the gaoler to him and said : " The only thing I am sorry about is that I did not shoot Archie M'Rae. I went to Shannon after him, and there I heard he was here. If ever I get out again I will do for him." Prisoner, it is understood, blames M'Rae, who is- not known here, for all his troubles. The police, however, do not" attach much value to Powelka's statement. CONSTABLE GALLAGHER. (Feom Oxtr Own Correspondent.) OAMARU, April 18. Constable Gallagher, who played a prominent part in the capture of Powelka, is a son of Mr Edward Gallagher, of Kakanui,-and was brought up in this district. Gallagher pere was, I believe, a member of the force in the strenuous days. of the Coast, when he earned • for

himself an enviable reputation for valour in tackling the undesirable characters of those days. POWELKA'S CAREER. Powelka is quite a yourag. man. being only about 22 years of age, and until the early part of the year he was unknown to the police. He bad not long been married, but his domestic affairs appear to have been very unpleasant, and early in February he appeared before the magistrate at Palmerston North cai a charge of 'having attempted to commit suicide. He had trkid to drown himself in a very small and very shallow pool of water near the Manawatu River. In court he acted in a very peculiar manner, and was convicted and discharged. - For two months previous, however, complaints had been made from: different quarters of the town of the wholesale stripping of houses whose ownei'6 were away on holiday, and shortly after his appearance before the' court he had been taken into custody on a complaint by his wife that he had a revolver in his possession. While searching his house for cartridges Constable Barry noticed a picture which answered the description of one which had been lost by a Mr Kidd, whose house had been completely stripped. Further search revealed the fact that almost every article in the house belonged to one or another of the householders who had complained to the police. They included a small pocket ' electric lamp, a chisel, and a revolver and cartridges, besides ladies' silver watches, clocks, bedsteads, a hall stand, duchess chests', washstands, linoleums, carpets*, pictures, curtains, minors, v and a number of new •bicycle tyres and 350 cigars. From the residence of Mr Harold Cooper, solicitor, who had- appeared for accused when he was previously before the court, there had been; taken a dinner suit, dressing-case, collarbox, portmanteau, and a set of razors. A dress suit was also missing from the house, and as this could not be found among the articles discovered in Powelka's house, it was suggested in. his evidence that it might have been sold to settle the solicitor's account.

Powelka was on 7th March committed for trial on several charges, and remanded on a further charge for a week. Before the week was up—on 12th March, —however, he escaped from the Palmerston, Gaol. He was in the prisoners' yard, amd when the gaoler's back was turned ho scaled the walls and got clear away. He placed a couple of buckets against tha wall, and must have jumped from them. to the top of the wall and so into the street. He then stole' a bicycle and made for the country, but was recaptured after three or four clays.

For safety he was brought down to the Terrace Gaol, whence he was taken to the Lambton quay police cells on the 23i'd March, to be brought before the court and remanded to Palmerston North to answer the charges still to be made against him. While in the cell a man who had been arrested in. the suburbs was put into the same cell. That prisoner was shortly afterwards taken into the watch-house, and the constable locked the door, as ho thought, behind him. When the cell was next visited, very soon after, the dcor was still shut, but Powelka was missing. Apparently he had tried the door, found that it was not kicked, came out —taking the precaution to close the door after him —and is-caled the wall of the police station. Powelka is a native of Oxford, Canterbury. Powelka's intimate knowledge of Palmerston is ascribed to the fact that he worked as a butc'ier in the place, and rode on the delivery cart. Later he was employed by the municipal abattoirs at Awapuni. and a present-de.y rumour ascribes to him gifts of strength wonderful in a 10-stone man. It is said that he could carry quarters of beef as if they were only sheep. It is a fact that he is a wonderful revolver shot. He practised on the rats which used to frequent the abattoirs, and it was a common sight, it. is said, for him to be seated at dinner with his mates, ipuU his revolver from hs pocket, and drop off each ■ marauding rat with the precision of a crack shot, pouring in bull's-eyes at a short distance.

Although he is said to have been a very quiet man, it is stated that his alleged threat to shoot his wife has icd to all his recent trouble. Ho was married in September last, but his wife had left him. She is understood to have stated that she would come back to him if he furnished a house. This, it is alleged, he did with extraordinary rapidity by entering upon a wholesale scheme of burglary, in which his notable • disguise was a pair \of white whiskers. 'When he threatened to shoot Jiis wife she complained to the police. He was arrested with a revolver upon him, and it j was when the police .went to his house to search for the ammunition that they found the place full of goods which they had the descn'iption of as stolen.