THE POWELKA AFTERMATH.

Wanganui Herald, Volume XXXXV, Issue 13056, 26 April 1910, Page 7

THE POWELKA AFTERMATH.

POWELKA FURTHER REMANDED. WELLINGTON. April 26. Powelka appeared in. Court to-day on one charge of breaking and entering and theft. He was further remanded to appear at Palmerston on the 29th. His health appeared to have benefited by the ■ojourn. in gaol. SOME RESULTS OF THE SCARE. The Case against McMlnn. (Manawatu Times}. At the Magistrate’s Court yesterday, before Mr A. D. Thomson, S.M., Francis Alexander McMinn was charged with assaulting Mark Elliott Layboarne on Monday, 11th April. Mr C. A. Loughnan appeared for the Crown, and Mr H. R. Cooper for defendant. Defendant pleaded not guilty. ME LATBOtJENE’S STORY. Mark Elliott Laybourne, commission agent, residing at 144, Ferguson Street, •aid he left his house about 6 p.m. on Monday, April Ith. He was going to Tregurtha’a to ring up the police in consequence of something his wife had told him. He cycled across a paddock along Tergnsqn Street, and then up East Street. About two chains up he met a man coming towards him. He passed the man and then got off his bicycle and asked some bystanders if they had seen any of the scouts about. Learning that one l~id just gone by. witness turned back to the intersection Of East Street with Ferguson Street. On looking up Ferguson Street towards Terrace End. he noticed a man walking. Wit»ess rode after him on his bicycle and gassing him asked. “Are yon a scout?” The man answered “Yes." Witness rode on and turned into Mr Baldwin’s drive. He had not gone far when he heard someone call out to him, and, looking round, found the man he had just passed had him covered with a revolver. Witness returned towards the man, who held the revolver in hia left hand and kept witness continually Covered. When close together witness said "What might your name be; is it Pcwelta?” The man replied “Yes; and don’t Job. forget it.” at the same time taking old of witness’ hand. Witness said "That’s alright.” and the man then let go. his hand, and went away, and witness «de back to the police station to inform the police. He did not know McMinn. He had seen him on the evening after the •rent, having a few words with him in the presence of Detective Siddells. In reply to the detective witness had said he couldn’t recognise McMinn as the man who Oftsanlted him. though his hat was the •Ame. and when he spoke his voice was familiar. McMinn then remarked that on that occasion he took his teeth out. and he took his teeth out then and there The roan smelt strongly of drink when the as*ault took place. Witness had taken the matter seriously as he naturally thought Powelka 11 WaS esca P ed prisoner To Mr Cooper: It was not absolutely I dark when he left his house. The man he wa Y to Baldwin’s only called « Yee ’ “ddn’t swear that was the •ame man that assaulted him. Witness left ■ hw house to inform the police that a stis- I picious-lookmg character had run across ' from Ruahme Street to Fitzrov Street ! P ' m ’ ne t hou ?bt it probable ! that that man was Powelka. but he was not particularly nervous. After th« assault he was somewhat nervous. THE DETECTITE’S EVIDENCE WW, 63 • Sldde - I } s . deta?tire stationed’ at anganui, said in consequence of Lavbourne s report, he saw defendant on the 14th of April early in the mernino-. while defendant was at work. Witness told Me! Minn that he had to clear up the scare r°- Uld ff> see some people with him. at 5 p.m. McMinn assent- i j 0n t!le w av up McMinn ’ admitted firing three shots' and haring' stuck up Mr Pratt, Mr Layboarne and an? whoi . n , he didn’t know. Witness n W - h j ll ™ to tl,e shod where the shots were nred McMinn stated that he had gone into the shed to see if TW elka was about, and struck a match He 2“* t out of the she'd.’and li&Q then fired the three «hot* tt:i-, ftnd McMinn then wenit to , and met him in the street.’ Layboarne whether McMinn was the maj i hlm Up ' T- 3 .!bourne rep Tied ' No Witness said "but hesavs he did ” and Layboarne said “I do mi r „ C him.” McMinn then said “?t and turning awarb! Ie cognise yon by your voi<-e ” ‘ ’ 1 havifig had Mme He admitted ALL “FELL OF POWELKA ” Mr Cooper in opening the ra-'e f o r -i,. defence, said that his rii-nt .ticking up Layboarne. It was, ho wovea technical assault. McMinn bad p qmte frank about the matter, and been le*s EO lt hlr „ y ‘A? fenla resnonsibility upon him p e . w i p„ adn t dls P”t?fl he was the man He had been out all day with the pemTsl

sion of tlie police in search of Powelka, i and had done a great deal of work scouting in the vicinity of East Street. When [ he saw-Laybourne, defendant stopped him, i thinking he was a man whom he should I investigate. Defendant’s story was a de- [ nial of the kernel of Laybourne’s. He * denied that he had told Laybourne he was 1 Powelka. Labourne denied that he was | nervous, but it would have been a hard | thing to find a man in Palmerston who at that time and under those circumstances would not have been in a funk. Everyone in the town was full of Powelka. When McMinn replied “I am” to Laybourne's query, he was evidently under the impression that Laybourne had asked if he was looking for Powelka. “McMinn 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, i not only in Palmerston, but reaching as i far as Wellington, that his (McMinn’s) ! face had borne the marks of handcuffs. . The many people who had seen him were 1 complete refutation of such a dirty lie. ! McMinn desired to have the opportunity | so that it might go forth publicly that I such a cruel lie had no foundation in | truth. That lie had caused his client : more injury and punishment than anything that could happen as the result of the proceedings.”

MeMINN’S OWN ACCOUNT. Francis Alexander McMinn, plasterer, of Palmerston North, said on the Monday in question he was assisting the police in company with S. T. Hunt, Sutton, and Slattery. They went to the police station in the morning, and as a result of their offer they started off after seeing Sub-Inspector O’Donovan. They went all round Hokowhitu and Terrace" End. At 4.30 they returned to the police station, and 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, and the police would have messengers and a motor-car ready., Witness than went to tea, and arranged to meet Slattery at 6.30 p.m. Slattery was not at the appointed meeting-place, and after meeting Pratt witness continued down Ferguson Street. He then came across Laybourne, who was riding a bicycle. Laybourne, who was wearing gaiters. passed him and witness called out, “Challenge! Stop!” Laybourne said nothing, but turned into Baldwin’s Avenue. M itness ran after him and called out to him to stop. Lavbourue then jumped off the bicycle and said “Who are you; are you a scout?” Laybourne said "Yes.” Witness said “Are yon looking for Powelka?” Laybourne said .‘‘Yes,” and then stated that his wife had seen a suspicious-looking man crossing the paddocks, and that he was going to Ba’dwin s to ring up the police. Laybourne said, “Are there any more scouts about?” and witness replied. “Yes. hundreds of them.” He held Laybourne’s hand while talking to him. Laybourne and witness walked back down the lane, witness walking in front of him. When they reached Ferguson Street they went opposite ways. He was acting properly, and was doing his best for the police. To Mr Loughnan: He stopped Laybourne thinking he was Powelka. Laybourne must have known witness was hot Powelka. Witness had a few drinks—three or four; but he was sober, and could remember everything that took place. Witness first levelled his revolver at 'Laybourne after he got off his bicycle. Laybourne’s manner was excitable. As soon as witness saw who Laybourne was he ceased to cover- him with the revolver and said it was all right. ’ ~^ Thomson: He had the revolver all day. He got it from Hunt. He had only had one drink when he saw Inspector >' ilson at 4 p.m. This concluded the evidence for the defence, and his Worship reserved judgment. J 5

fPpr Hnitpd Press Association ) PALMERSTON NORTH, April 26. Giving judgment this morning in the case against A. F. McMinn, who was charged with assaulting M. E. Laybourne by covering him with a revolver and representing himself to he Powelka, Mr A. B. Tohrapson, S.M., said a constable was justified in using, firearms to effect an arrest, hut a private person had no such right. It had been admitted by the defendant’s counsel that McMinn covered Laybourne with a revolver, and ordered him to stop. This was a very serious matter, and might easily have led to grave consequences. On the evidence, the Magistrate said he was not satisfied that the accused had represents himself as Poweika, and it was possible there had been a misunderstanding between the parties, the conduct of the accused before and alter the incident seemed altogether opposed to the idea of his masquerading as loweika. The evidence was that on" the day in question accused was out looking for Powelka with the approval of the police. McMinn s whole conduct was in accordance with the fact that he was searching for the fugitive. The accused ", a 8 convicted of assault, but without the element of impersonation as alleged Even ’*' >e of firearms as was admitted was serious and while recognising that there there had been recent occurrences which justified approved searchers, ft must be made plain that firearms were not to he finwl £5 tWtened - Th e defendant was

SENTENCED TO A MONTH’S IMPRISONMENT. , K M J. RSTOX tfOOTH, April 26. r d u . charged with assaulting by covering him with a revolver and ordering him to put up Ms hands, and threatening to blow out his brains "M, t Sentonced to one month’s imprisonThe Magistrate said that in this case there were no extenuating circumstances except that the accused was assisting the policy. His conduct altogether was outrageous, and must be recognised as that by anyone. Mr Thomson regretted that one who had conducted himself so well Paring the day had got into such a condition during the evening as to commit the actions complained of.