ALLEGED STICKING UP.

Taranaki Daily News, Volume LII, Issue 373, 26 April 1910, Page 5

ALLEGED STICKING UP.

THE POWELKA HUNT

McMINN BEFORE THE COURT.

By Telegraph—Press Association,

Palmerslon North, Last Night

In the case of Francis Alex. McMinn, the New Zealand rep. footballer, who has to face two charges of assault, Mr. C. A. Loughnan prosecuted for the Crown.

Mr. Cooper, in opening the case lor the defence, said that his client admitted sticking up .Lay-bourne. It was, however, a technical assault only. McMinn had (been quite frank about the matter, and had he been less so it might have heen difficult to fix the responsibility upon him. Defendant had been out all day, with the permission of the police, in search of Powelka. and had done a great deal of work scouting H the vicinity of East street. When he saw Laybourne defendant stopped him, thinking he was the man whom he should investigate.

■Defendant's story was a denial of the kernel of Laybourne's denial that lie had told Laybourne lie was Powelka. Laybourne denied that lie was nervous, but it would have been a hard thing to find.a man in Palmerston who at that time and under those circumstances who would not have ,been in a funk. Everyone in town was full of Powelka. Wilicn MeMiniii replied, "I am," to Laybourne's query, he wa-s evidently under the impression that Laybourne Jiad asked if he was looking for Powelka. "Mellmn is glad these proceedings have been brought," said Mr, Cooper, "as it gives an opportunity to deny the crueL and shameful slander that has been circulated, not only in Palmerston, but reaching as far as Wellington, that his, McMinn's, face had borne' the marks of handcuffs. The many people who iiati seen him was a complete refutation of suck a dirty lie. McMinn desired to have the opportunity, so that it might go forth publicly that such a cruel lie had no foundation.

Francis Alexander McMinn. plasterer, of Palmerston North, said that on the Monday in question he was assisting the police. They went to the police station hi the morning, and as a result of their offer, they started off. alter seeing Inspector O'Donovan. They went an round Hokowliitu and Terrace End. At 4.30 they returned to the police station. Witness and Slattery went to see Inspector Wilson. He told the inspector they suspected a house in Fitzroy street The Inspector told them to go to, the house at dusk, amd the police would have messengers and a motor car ready. Witness then went to tea, and arranged to meet Slattery at O.ISO p.m. Slattery was not at the* appointed meeting place, and, after meeting Pratt, witness coninued down Ferguson street. He then came across Lavhonrne. who was riding a bicycle. Layibounie, who was wearing gaiters, passed him. and witness called out: ''Challenge! Stop!" Lnyboume said nothing, and turned into Baldwin's avenue. Witness ran after him. Laybounie then junmed off the bicycle aiid McMinn s,aid: "Who are you? Are you a scout?" Lavhonrne said "Yes," and then stated that his wife had seen a suspicious looking man crossing the paddock, and that he was go-fog to Raidwin's to ring up the police. Layhourie said: "Are there any more scouts about?" and witness replied: "Yes, hundreds of them." He held Lavhourne's liand while talking to him. Lavbonrne and witness walked back and down a lane. Witness walked in front of him. Whe-n they readied Ferguson street they went opposite ways. He was acting ■proper]v. and was doing his /host for the .police. Stephen Hunt, a carrier, said he was with McMinn and the others looking for Powelka. Witness gave m revolver to McMinn at his house. Witness saw nothing of Mr-Minn and Sln.tterv after 10 fi."i.. as the latter left him on the. golf links. This coiKl"dc'l the evidence for the defence, and His Worship reserved judgment. A similar chnvw ,-in-ninst in ponneci.ion with the \in of Pratt will he heard to-morrow.