THE POWELKA SCARE.

Otago Witness, Issue 2929, 4 May 1910, Page 13

THE POWELKA SCARE.

CHARGES AGAINST M'MINN. ACCUSED SENT TO PRISON. PALMER STON N., April 26. In giving judgment this morning in the case against A. F. M'Minn for assaulting M. E. Laybourne by covering him with a revolver and representing himself as Powelka, Mr Thomson, S.M., said that a constable was justified in using firearms in order to effect an arrest, but a private person had no such right. It had been admitted by accused's counsel that M'Minn covered Laybourne and ordered him to stop. That, was a very serious matter, and might easily have led to grave consequences. On the evidence he (the magistrate) was not satisfied that accused had represented himself as Powelka, and it was possible that there might have been a misunderstanding between the parties. The conduct of accused before and after the incident seemed altogetner opposed to the idea that he was masquerading as Powelka. The evidence was that on the date named in the information accused was out looking for Powelka, with the approval of the police, and M'Minn's whole conduct was in accordance with the fact that he was searching for the fugitive. Accused was convicted of assault, but I without the element of impersonating, as j had been alleged. Even such a use of j firearms as was admitted was serious, and while recognising that there had been, recent occurrences which justified approved searchers, it must be made plain that firearms were not to be used, or their tise even threatened. Defendant would be fined £5. For assaulting E. Pratt by covering him with a revolver, ordering him to put up his hands, and threatening to blow cut his brains, M'Minn was sentenced to one month's imprisonment. The magistrate said that in this case there were no extenuating circumstances, except that the accused was assisting the police. His conduct altogether was outrageous, and must be recognised as such by anyoine. His Worship expressed ragKot that one who had conducted himself so well during the day had got into such a condition during the evening as to commit the actions complained of.