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PAGE FOUR THE OSHAWA DAILY TIMES, WEDNESDAY, NOVEMBER 2i, 1928 The Oshawa Bailly Times Succeeding THE OSHAWA DAILY REFORMER Foz ehawa Bully aes 4 4 eTmler of A bow Bagg Dug hioiy Bini Bai gail Audit Bureau of Circulations, sUBSCRIPTION RATES Delivered by carrier: 30¢ a week. mall (out side Oshawa cartier delivery ): in the Counties of Ontario, Durham and Northamber- land, $8.00 a year; elsewhere in Canada, $4.00 a year; United States, $5.00 a year TORONTO OFFICE 407 Hond Building, 646 Temperance Street, Tele phone Adelaide 0107, H, D, Wresiddev, repre. sentative. REPRESENTATIVES IN U.S, Powers and Stome, Inc, New York and Chicago. WEDNESDAY, NOVEMBER 21, 1928 = NO SWIMMING POOL There is to be no swimming pool in either the Oshawa Collegiate or Technical School, In the news report of last week's meeting of the Board of Education and also in an edi- torial in the same issue The Times gave an erroneous impression with reference to this matter, Mention was made of completing the swimming' pool, for which provision was made when the new part of the present building was erected a few years ago, As a matter of fact what the Board has decided upon is to utilize the space that was reserved for a swimming pool for a cafeteria and locker room, This space is located below the auditorium and will serve ideally for these purposes, No special excavation for the proposed pool was made when the build- ing was put up, so no inconvenience will re- sult on that account, We are informed that the Board decided to abandon the swimming pool project after learning the experience of several other cit- ies that have put in pools, It is said that it is extremely difficult to prevent any odour arising from the heated water in the pool and from the showers, Reasons of economy also influenced the Board, Approximately one and a half tons of coal a day would be re- quired for heating the water and that is no small item. Another important consideration has since come to light and that is the unwillingness of the Ontario Government to regard a swim. ming pool as an essential part of a technical school. Therefore, the government would Everything comes to him who waits--and works. * Fine clothes bring little consolation to an overworked wife if they are on her husband. Democracy needs leaders, Among the qualifications for leadership is knowledge concerning where one is going, The argument has been raised that a new universal language should be created for ra- dio broadcasting, in addition to static, ' The story of a deaf man who heard over the radio may be true. A lot of the dumb speak over it, . "I am convinced," said the college boy's parent as he glanced over the latest urgent plea for funds, "that whatever Willy intends to do in life, he has not yet turned profes- sional." bit of Verse AGE AND LIFE I love this life, its laughter, even its tears; The gale upon my cheek, though I am old, Ah, that I might live a thousand years And know a thousand Winters--brilliant cold; A thousand Springs, a thousand Summers' heat; And run and walk ten thousand glowing miles; Rest in the shade, to ease my tired feet; Hear childhood's laughter, note its sunny smiles, The brown earth, too, I love, the rocks on the hill; The blue of heaven above the infinite sea; Night, with its tears and moon, and the world so still; ' The glow of dawn in the East, and its witchery, Alas, I must leave so soon, all--of these, The crimson and gold of Autumn, the fields and trees, --Frank Houghton (1862-1928) D. J. BROWN"S Orthophonic VICTROLA AND-.. VICTOR RADIO wife "XMAS CLUB SALE" $1.00 Soleo dode dod CC 2A 0000.0 Cl ALL MAKES YOU A MEMBER AND ASSURES YOU DELIVERY OF A VICTROLA OR w= RADIO FOR CHRISTMAS Bll lB BB BD DDS 8 2 20 280 0080000888 La hh Ah A Re eh he a hee ee he he Re RRR RRR Re $1.00 Cash and SPECIAL BARGAINS EDISON PHONOGRAPH $30 $1 cash and $1 per week 25 RECORDS FREE SONORA PHONOGRAPH ONLY $45 $1 cash and $1 perweek TODAY'S TTT TTT TT TTT TT TTTT TTT TrrTTTT TITTY TTT RTT TRY RYT RTEN See an a ae ae Se Jn Jn Je Je Je a Ja Jn Se JN Je Je I i Ji J J J J obtaleat dba ubiia $2.50 per week ibid biddid FWRI IWIN IW PW WII WW IW) ol TREE TTReeE D. J. BROWN 10 King Street West Phone 189 MRS. GHAPPELLS INTHESTANDIN HER OWN DEFENSE (Continued from Page 1) that the Christian name of the lad was Lawrence. James Stewart, the next witness. testified that for six or ht months he had boarded at 621 negle avenue. "Questioned as to his wary wit- ness stated that he was in the tool room at Gemeral Mo- tors, and did not usually get home until the early hours of the mora- ing. On the morning of Septem- ber 26, a Wednesday, he had been sitting in the sitting room of the Chappell home. No ome could have entered the house without his seeing them. Witness said no one came. Witness denied that Miss Grose entered the house that morning. "Did Irene Gertrude Grose en- ter that house between the hours of 9.30 and 12 o'clock that morn- asked Mr. Swanson, No, she did not." "Did a Johnston taxi cab come to that house on that morning?" "No, it did not." Husband Testitien Mr. Albert Chappell, husband of the accused, was the next to take the stand. Mr. Swanson examined him first, "How long have you been mar- ried, Mr. Chappell?" asked Mr. Swanson, "Twenty-four years." "You have a child?" "Yes." "Married ?" "Yes." "And has a child." "Yes." The articles alleged to have begn used in the illegal operation were preduced. The two syringes Mr. Chappell testified had been brought to Canada from England, Witness tesaified that one syringe had been purchased and used by him, "You know the charge against your wife?' asked Mr, Swanson, "Certainly," "Has there ever been any thing such as this charge represents going on in your house?" Never," Mr, Makins obtained the infor- mation from the witness that the working hours of the latter were such that an operation might have been performed, and he would not have known it. Accused On Stand Mrs, Cappell went to the witness stand at the request of her coun- sel, D, A, J, Swanson, In reply to questions concerning the instruments and drugs Mrs, Chappell sald she used them for purely household emergencies, Mrs, Chappell answered the questions in a rather weak voice, but stood erect in the dock, "I am not guilty and know noth- ing about it," sald Mrs, Chappell in reply to a question about the charge preferred against her, "Did you know Gertrude Irene Grose?" asked Mr, Swanson, '*Never", answered the witness "Did you ever perform an il- legal operation?" | No," "Was there a taxi at your home on the day in question?" "Yes, I went to visit a friend on Pine Avenue." Mrs. Chappell requested a chair in the witness box and seemed over- come by the hundreds of eyes which were directed upon her from the couriroom, She professed to know nothing whatever about the paymennt of a taxi fee, and said she knew none of the drivers, Dr, Wilson Dr. R. B, E. Wilson, who was the first witness in the case was recalled at the request of the pros. ocuting attorney, C, F, Makins, K. Dr. Wilson testified that such instrumentss as were displayed at the trial were never used for per- sonal use by man or woman, Tech- nical evidence regarding the bacilli which are found in the body was given, in their relation to the bacilli found during the autopsy in the hody of the dead girl, Mr, O'Relily asked the witness if it was not easy to transfer these bacilli and witness sald it was, Twins Born Startling evidence was produced yesterday in the trial of Mrs, Nora Chappell, charged with murder, during the examination of Mrs, Annie Grose, stepmother of Gert- rude Irene Grose, who died follow- ing an illegal operation at Vietoria Hospital, on October 2 last. J. C. Makins, K.C., special crown coun sel, examining the witness, learn- ed that the latter had been entire- ly unaware of the condition which her daughter was in until the phy- sician, Dr. R. B. E, Wilson was called to the home in North Osh- awa. The girl bad come home, presumably from Mrs. Chappell's residence, complained of not feel- and thing for taking (forwardly and quickly. Mrs. Grose if her daughter had ever been fll before, to which the wo- man ; "She hed been shek." | "When?" "She had a baby two years ago." The testimony of Mr. Grose and jfor Mrs. Grose was used more as oor- roboratory evidence than otherwise although the admission of Mrs. Grose that her daughter had pre viously been a mother was quite unlocked for. next witness and repeated her testimony inquest. According to her evidence, Miss Grose was admitted e hospital on September 30, which was a+Sunday, at seven o'- clock in the evening. Monday morning she was quite ill, and after the customary medi- cal treatment, Miss MacWilllams old her patient that she was not going to get better. Witness said to her: "You are a very sick girl. You know that you are a very sick girl and you are not going to get better." To which the young lady replied: "I dom't care." "I told the girl," testified Miss MacWilllams, "that the doctor and another gentleman were coming in to see her." Dr. Wilson and Crown Attorney McGibbon were referred to by the superintendent. Able to Understand In reply to a query as to the mentality of the girl at that time, Miss MacWilliams stated that she, (Miss Grose), was quite able to un- derstand. Witness corroborated the fact that she had been present when the ante mortem statement or declaration had been secured. "Did Miss Grose continue to un- derstand during the time the state- ment was being taken?" asked Mr. Makins, "It appeared so." Mr. O'Reilly subjected the wit- ness to a rigid cross-examination, He wished to know whether Miss Grose had volunteered any infor- mation previous to being asked any questions, Witness stated that she didn't think so. "Who ail were in the bedroom when the statement was taken?" asked the lawyer. "There were Chief of Police Mr. Friend, Mr. MeGibbon, Mr. Mitchell Mr, Flintoff and myself." Witness pointed out that the nurse on duty had been sent from the room be- fore the declaration had been made. "Did the patient ask for a clergy- man or any other person to be brought to her?" "No." "Then she didn't use any other words? "None, Sister Testifies Mrs. Bessie Henderson, sister of the dead girl, the next to testify, described the incidents surround- ing the appearance of Miss Grose in the home after her return from the home of Mrs. Chappell. Al though she questioned the girl about her condition the latter volunteered no informmation at all until the time came for hirth of the twins, The whole matter was then related to her, she said, Although the information ob- tained from Chief of Police Owen D, Friend was conclusive regarding the securing of the ante-mortem declaration, the manner in which this was obtained was the material for a heavy cross-examination by D, A. J, Swanson, for the defense. Chief Friend, it was learned, had been the scribe for the document, which witnesses agree had heen re-read to Miss Grose hefore she placed her signature to it, The lead, however, the text of which was, "I, Gertrude Irene Grose, be- ing of sound mind and with the fear of impending death upon me ~--'* had been written according to Chief Friend, previous to going in- to the girl's room, 'I had a few minutes to spare and wrote it in the hospital office," said the Chief When Is Person "Dying?" Mr. Swanson based a quick-fire examination on the fact that he did not believe a person was dy- ing until they had given up hope. There was no evidence of this na- ture brought out, he told His Lordship. A number of cases were cited by Mr, O'Rellly wherein capi- tal offenses were concerned with facts similar to this case, ana wherein the trial judge had upheld the conviction that a person was not actually dying until the last gasp had been noted, and hope en- tirely gone. Before the declaration was taken at all, stated the witness, Crown Attorpey McGibbon asked the girl it she realized she was going to die, She said she did. The declaration which consisted of questions put by Crown Attor- ney McGibbon and written by Chief Friend on paper in the room where the sick girl was confined, at Oshawa Hospital was read to the court, In the statement, Miss Grose described the operation as performed upon her by Mrs, Chap- pell, at the home of the latter, She also gave the details in conpection with her association with James Kennelly, who contributed a cer- tein amount of money, she sald, to- wards her operation. Miss Grose called Kepnelly by the name of Jim McKelly, no doubt, however, arising that the two were one and the same person. Had Information Mr. Swanson was not inclined to allow Chief Friend to leave the witness box and a renewed effort to elicit information in regard to obtaining the declaration was made.. Defense counsel pointed out to the Chief that paper, pencil and every- the declaration room was entered. The Chief re- that it was. "Prior to going there you had the statement alleged to have been made by Miss Grose at her own home to Constable Mitchell." No. sir." "Yom had the facts?" Witness replied that he had. "You went up there with a fixed my dia.» You went there with the idea of making out 2 case azainst this per- whopr you thouzht respomsible "No. sir." "You advised Crown Attorney MoGibbon that Mrs. Chappell, in "You therefore wemt to the hos- pital with the fixed idea of ob- taining evidemce against Mrs. Chap~ Ph "I suppose so." "Was the girl able to talk?" Witness yeplied that she could talk 50 one could understand her, al- though she could not opem her mouth due to the tetanus comdi- tion of her body. Education Appeared Fair She could use lamguage of a fairly educated persom, the Chief answered in reply to a query. In answer to the question whether Miss Grose's replies were made in the first or third persom, witness was unable to testify. It appeared, however, that witness believed the answers were made in the first per- son. There were certain expressions in the report, however, that were not used by her, the chief stated, whereupon Mr. Swanson interject- ed that the witness had sworn the content of the declaration was put down as it was repeated by Miss Grose. In citation, Mr. Swanson used a portion of a statement al- leged to have been made by the dying girl. "Those rubber tubes produced look like the tubes she used." . "Are those your words or hers?" asked Mr. Swanson, "The word produced is mot her word," was the answer. In answer to a question as to how long a time existed between the time he learned Miss Grose was dying and the time the Crown At- torney was informed, Chief Friend replied, 15 minutes, "You have a police ear and could have gotten Mrs. Chappell at Whitby jail and taken her to the hospital, couldn't you?" asked Mr. Swanson. Witness replied that he might have done that. In regard to the statement, Mr. Swanson asked the witness if some of the questions did not suggest the answers. The chief replied that they did but stated in his own de- fense that the girl's condition was such that a statement had to be procured in as easy a manner as possible, with all aid to the girl that could be given. Taxi Driver Knew Girl Ellas McGonogal, driver of the taxi which took Miss Grose from Mrs. Chappell's residence to her own home on the day the operation was alleged to have been perform- ed, described his connection with the affair. He received a call to the Chappell home, he sald, and was informed hy "a short woman with blonde hair," that his passen- ger would he out shortly, Al- though witness had known Miss (irose previously, ha met her on this day only in a business capa- city, He sald he thought some- thing serious was wrong with her when she came out 6f the Chappell house, however, Under rigid eross-examination, the witness maintained a straight- forward manner and replied posi- tively to questions submitted by counsel. In reply to a query whe- ther he gave Miss Grose money on this day, the witness stated that he had done no such thing, County Constable Thomas Mit- chell, the first police officer to visit Migs Grose, obtained from her a statement in her home on the night the twins were horn, He had heen called there by the family of the girl, Witness testified to the in- struments and drugs which had been found at the house of Mrs. Chappell, who wag afterwards ar- rested, Along with Detective Ser- geant Herbert Flintoff he had ob- tained information concerning the whole case, and reported concern- ing matters at the Chappell home. There was no effort made by Mrs. Chappell to hide anything when her house was searched, stated Mr, Mit- chell, Accused Affected Although she had borne up well. during the first part of her trial, Mrs, Chappell was visibly atfect- ed as the trial progressed. At sey- eral periods during the afternoon bea iy et lustre which lasts! Less to ~--less work to wa Offic Resident Building Manager: C. N. HENRY Eg) * session she was requested to stand up in order that she might be iden- titled by witnesses. Neatly dress- ed, with a dark fur coat falling loosely around her shoulders, she sat alone in'the prisoner's box, and appeared to be listening intently to what was going on. Her lips quivered and once or twice she looked towards the floor as. if she was glad the whole thing would ba over, possibly in another day, aia] Bank by Mail | It is convenient and may save you a trip to town, Your bank book, with the deposit entered, will be promptly re. turned to you, DOMINION BANK Established 1871 5 Oshawa Branch T. W, JOYCE, Mgr, Stosie-For LONG &(@ FR pa med, 8. F, EVERSON, Local Manager Private Wire System 11 King Street East, Oshawa = Above C.P.R, Office eat) A] GRAIN NEXT P.O. 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