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EXAMINER TELEPHONES Circulation Classified Advertising 7282414 All Other Departments 7266537 112th YearNo 67 235 Safety Patrollers from the 16 area schools presented police chief Ed Tschirhart with thank you present an elec 726X39 PATROLLERSSAY tric motor for his canoe as going away token for the chiefs retirement at the end of this month Johnston Street School Grade eight students Nancy Bebb and Barrie Ontario Canada Friday March 19 I976 THANKS TO POLICE CHIEF Cindy Hancock presented the chief with the motor during small ceremony held in the provincial court chambers atop the police station Ex aminer Photo Supreme Court jury decides Borland is not guilty of attempted murder By JOHN WROE Examiner Staff Writer Surprise was the major emo tion in Ontario Supreme Court in Barrie Thursday when jury returned verdict of not guilty on an attempted murder charge against Orville Gordon Borland 57 of Collingwood The six men and six women deliberated for about one hour before reaching the decision and also found Mr Borland not guilty of the lesser offences of assault causing bodily harm and common assault Mr Borland was charged Nov 26 after scuffle in the Dorchester Hotel in Coll ingwood Arthur Carefoot 28 spent four days in hospital after the scuffle with knife cuts to his throat and face Mr Borland also went to hospital with minor cuts and bruises to his head In his charge to the jury Mr Justice Weatherston con centrated on the possible defence of selfdefence and even called the jury back to make sure it fully understood the possibilities open to it If you decide the knife was first handled by Mr Carefoot and then Mr Borland took it away from him and slashed his throat then it is selfdefence he said If you decide the ac cused owned the knife and produced it during the fight then can not see how it could be selfdefence However if you decide the accused did start the fight but once he started it he found himself in danger of his life at the hands of Mr Carefoot then it is possible to decide his ac tions were in selfdefence CONFLICTING TESTIMONY The jury was presented with great deal of conflicting evidence Mr Carefoot people he was drinking with in the hotel and the bartender all testified that Mr Borland had started fight and seemed to cut Mr Carefoots throat However they all had slight ly different versions Crown Attorney John Mad den asked the jury to pay par ticular attention to the testimony of Robert McRae the bartender He said that although Mr McRae knew some of the people Says back door charges bunch of nonsense George Stevens national representative of the United Electrical Workers said today charges that his union is try ing to sneak in the back door at local plant are lot of nonsense The charge was made earlier this week by Harry Smith maintenance worker at Diebold Company of Canada Ltd in Barrie Mr Stevens said the union made proper application with the Ontario Labor Relations Board LRB Monday for cer tification at the Big Bay Point Road plant which manufac tures vaults and safes He said the campaign was conducted by Diebold employees with his assistance Mr Stevens said the union is now in majority position among the plants 52 workers but the exact percentage will not be known until the LRB divulges it at public hearing into the certification applica tion scheduled for March 29 in Toronto The percentage will be deter mined by the LRB on the basis of number of eligible employees and number of valid member ships both to be the subject of investigation minimum membership of 55 per cent is needed for certification Mr Stevens said he has no personal knowledge of Mr Smiths claim that he has 39 signatures of employees oppos ing the union is claim will also be investigated and ad judicated by the LRB he said Wintario tickets are worth $100 000 TORONTO CP The winn ing ticket number for the first $100000 grand prize in the Win tario draw Thursday was 72710 in series 20 For the second grand prize of $100000 the winning number was 25941 in series 64 Winners of third and fourth grand prizes each $50000 are persons holding tickets wrth numbers 49611 in series 49 and 16745 in series 50 Winners of the 63 prizes of $10000 are persons with tickets with the number 72710 in any series other than 20 Persons holding one of the 512 tickets with the final four digits 2710 win $500 There are 5184 prizes of $25 for holders of tickets ending in 710 Prizes of $1000 go to persons with one of the 63 tickets with the number 25941 in any series other than 64 Holders of any of the 512 tickets ending with the digits 5941 win $100 and rsons with one of the 5184 tic ets with the final three digits 941 win $25 6381000 PRIZES There are 63 rizes of $1000 for tickets wit the number 49611 in any series other than 49 Winners of one of 512 prizes of $100 are holders of tickets with the last four digits 9611 Per sons with one of the 5184 tickets ending in 611 win $25 For tickets with the number 16745 in any series other than 50 there are 63 prizes of $1000 Holders of one of the 512 tickets ending in 6745 win $100 and per sons with one of the 5184 tickets with the last three digits 745 win $25 There was $2047000 in prize money for total of 23040 prizes involved in the incident he was not close friend and therefore would not be inclined to color his testimony in any way Mr McRae had testified that he saw Mr Borland land the first blow in the scuffle and also that he had seen him pull the knife from his pocket Mr Madden said that this testimony had been verified by Sgt Ron McKean of the foil ingwood Police who inter viewed Mr McRae just after the incident and testified the story was substantially the same The jury apparently lent more credence to Mr Borland as he testified in his own defence under the guidance of lawyer Len Noble Mr Borland said he was beating Mr Carefoot in game of shuffleboard when he was knocked unconscious by single blow When he came to be was lying underneath Mr Carefoot who was beating him about the head He also noticed someone kicking him so tried to grab Mr Carefoots hands and shove him off About this time he started getting covered with blood then someone pulled Mr Carefoot off him and he stood up to find the scuffle over WHO WAS VICTIM There is question of just who was the victim said Mr No ble to the jury Mr Borland was badly bruised after the fight but none of the witnesses for the prosecution say they kicked him while he was on the floor Mr McRae had testified that he saw several people from Mr Carefoots party kicking Mr Borland after the fight Mr Madden pointed out Justice Weatherston also mentioned the problem of who was telling the truth and the difficulty of determining how much of what was said by some of the witnesses was the truth The police testimony is all you can entirely depend on he said None of the other Crown witnesses looked like they could be trusted too much In fact Mr Carefoot and his friends ap peared to be the town bullies to me Justice Weatherston made no comment on thejurys decision although he did smile while thanking the members for deciding what was very dif ficult case Mr Borland appeared reliev ed at the verdict and was released from custody for the first time since Nov 26 When asked by Mr Noble if he wanted ride home to Coll ingwood Mr Borland said Right now Id be glad to walk all the way No rat problem says store owner ANGUS Theres no rat problem at my store says Julian Smith owner of the Lucky Dollar Store here It was Al Zaba owner of the and Store who complained to council about rats says Mr Smith Last week Essa township council received letter from Dennis Winter complaining about horses kept at house beside the Lucky Dollar Store Councillor Anthony Mancini said nearby store owner had complained about rats as well The Lucky Dollar Store is beside the house in question says Mr Smith have been bothered less since these people moved next door he says lm right next door and dont have any rat problems in my store havent been bothered with rats he says Coun Mancini said Thursday it was Mr Zaba who complain edaboutrats Smith to test voters response onelectlon TORONTO CP Liberal Leader Stuart Smith appeared Thursday to have second thoughts about forcing spring election in Ontario Following onehour caucus meeting Dr Smith told report ers the 36 Liberal members will use the legislatures winter break next week to sound out voters on the desirability of an election The caucus would then decide at March 30 meeting whether to vote with the 38 New Demo crats and bring down the 51 member Progressive Con servative government We all have an impression that the people of Ontario dont Uhv flame Examiner tonigh WEATHER FORECAST Much milder weather this afternoon with some sunny periods Continuing very mild Saturday sunny periods Low taround 10 high Satur day around 15C 15 Per Copy Carrier Home Delivery 85 Weekly want an election and feel we have to be reSponsible at this time he said If people dont want an elec tion if they see it as serious expense we are going to keep our options open Both opposition parties will have chance to defeat the government April when they vote on amendments to the re sponse to the throne speech They must first vote on the Lib erals subamendment to the NDP amendment and then on the NDP amendment itself Following Dr Smiths throne speech reply Tuesday night he and Opposition Leader Stephen Lewis indicated they would support each others non confidence votes However Dr Smith said Thursday no decision has been made yet on whether his caucus would support the NDP amend ment even though he has ex pressed general approval of it In theory it may seem like an inconsistent position but the important thing is the good of the people he said Do we want to put Ontario through election at this time Mr Lewis did not agree with Dr Smiths stand heard the leader of the Liberal party say conclusively Tuesday that after we had supported their subamend Eight years in prison for rape kidnapping Kenneth Leslie Smith of Angus who pleaded guilty last week to rape and kidnapping was sentenced to eight years in prison in Ontario Supreme Court this morning Mr Justice Weatherston recommended that Smith receive psychiatric help Mr Justice Weatherston recommended that Smith receive psychiatric help Smith admitted raping 14yearold Barrie girl and forc ing her to have oral six with him after picking her up as hitchhiker July 30 1975 Defence lawyer Gary Gary Palmer told the court Smith had been in Penetanguishene IMVISFIL PU MEET CLOSED TO PUBLIC STROUD The public and news media were not allowed to attend meeting of the Innisfil township public utilities com mission today Township treasurer Duncan Green said council decided to close the 130 pm meeting because water and sewage system for lnnisfils lakeshore was to be discussed He said the provincial government is paying for design report which was described by Charles Grant of Ainley and Associates Ltd engineers for council and the public utilities mmmlssion Mr Green said the engineering firm is working for the pro vincial government on the project but plans to keep township officials informed The design report includes the cost of water supply and sewage treatment intended to prevent further pollution of the Lake Simcoe shore Conflicting portraits carried into session SAN FRANCISCO AP The jury in Patricia Hearsts trial enter deliberations with conflicting portraits of the newspaper heiressone by the prosecutor who insists she is conniving liar another by the defender who argues she rob bed bank to save her life In final arguments Thursday US Attorney James Browning urged the sevenwoman five man jury to base its verdict on the evidence Defence lawyer Lee Bailey stopped just short of suggesting the jury ignore it and rely instead on her own tes timony US District Judge Oliver Carter planned to issue final in structions and send the bank robbery case to the jury today The trial is in its eighth week Browning his voice occasion ally rising in an impassioned twohour address implored the jury to watch again the film of Miss Hearst robbing the bank read her underground writings listen to her strident voice on taped messages and her profan itylaced jailhouse con versation with friend Mental Health Centre and had been released after what of ficials considered successful treatment In asking for reduced sentence Mr Palmer said Smith since his release had upgraded his education mar ried begun family and ap peared to have become part of society Mr Justice Weatherston said the prime purpose of the ison sentence was protection of society because Smith ap peared to have an incurable il lness ment they would support ours Mr Lewis said The NDP amendment to the throne speech criticized the government for not dealing with problems such as oc cupational health the need to preserve agricultural land and the need for more equitable distrubution of economic op portunity The Liberals subamendment criticized the government for financial irresponsibility toward Ontario municipalities and school boards It also de nounced the governments deci sions to order hospitals and medical laboratories to close North Bay gets money from search NORTH BAY Ont CPA cheque for $92950 from the On tario government to cover the cost of search for fugitive Donald Kelly in this area last year was received by the North Bay Police Commission Wed nesday Kelly escaped from jail last Aug while awaiting trial on two charges of murder punish able by life imprisonment He was recaptured 31 days later af ter widespread search esti mated bv North Bav authorities to have cost the city alone about $99000 CAPSULE NE WS Bullets strike premiers plane BEIRUT AP Premier Rashid Karami escaped from burning Syrian plane today after witnesses said it was hit by in cendiary bullets at the Beirut airport as fighting between Moslems and Christians intensified Military police arrest soldier JERUSALEM Reuter Israeli military police have ar rested soldier suspected of wounding three Arab children during riots in the occupied West Bank on Wednesday Speaker rejects coalition ROME AP The keynote speaker at the party congress of Italys governing Christian Democrats has rejected gov ernment coalition with the Communists but says he expects them to cooperate in meeting the countrys economic crisis Boy holder of lucky ticket PETERBOROUGH Ont CP 10yearold boy who won lottery ticket on radio program was one of the two $100000 winners in the Ontario governments Wintario draw Thursday night in Toronto Man now has to face charges OTTAWA CP Jacques Joseph Pelletier 44 of Montreal was to appear in provincial court today charged with delivering false messages in connection with note delivered to CBC Frenchlanguage radio station here Thursday night FIRE CHIEF DAN KEAST WWW Jack McAllister Barries new fire chief is looking for ward to getting fall vacation Mr McAllister recalled at dinner to honor retiring fire chief Dan Keast and retiring police chief Ed Tschirhart that when he joined the fire depart ment it was considered bad taste to ask for vacation in the fall You always knew that come fall it was Dan who t00k his vacation to head north for the hunting season he said Well Dans going to have lots of time for fishing and hunting now Mr McAllister also recalled some of the days in the old firehall on Collier Street In those days he said there were lot of people who liked to sit around on quiet days at the firehall Occasionally some of these fellows would overstay their welcome so surefire way to persuade them to leave was devised All the metal chairs in the hall were wired to magneto in the back and when it was time to leave Dan would go back and start up the magneto and they got the message Its not like that any more of course Its strictly business these days what with 53 firefighters in the city and 10 pieces of equipment not like the two pumpch the force had years ago City administrator Gerry Tamblyn also recalled the forces equipment dealings and the way the fire de art ment was run under hief Keast man of action and few words At committee sessions everybody would be telling their problems but when it came to Dans turn hed say No problems Eatons burned down yesterday but we didnt have any problems FALSE ALARMS remember one time we did have bit of problem We had just received new pumper and Dan suggested we sell the old one thought it wouldnt be right to just sell it and asked him if there wasnt some use for it Well he said We could senditout for falsealarms Chief Keast true to his character had little to say in reply He just wished Mr McAllister luck and hoped all his fires were small ones Police Chief Tschirhart was also in for his share ofjoking Eldon Greer chairman the police comm sion recalled when Mr Tschirhart was hired as the citys first police chief in 1955 You know some of the peo ple we were considering said they didnt get involved in the oommunit at all because they felt it would prevent them from doing their job properly However we wanted so meone who was willing to et to know his community an it appeared Ed was the right tym99 But when we tried to call him once to find out if he got in volved in the community we couldnt get hold of him Mrs Tschirhart said he was out in the street playing hockey with the neighborhood ids And you know he played junior hockey in Kitchener so when he came here he thought he was pretty good Once our ci ty fathers were having game of sorts and he volunteered to play goal Before the game even got underway think it was in the warmup Ed stuck out his leg to stop shot but he did the splits and that ended the game for him He didnt show up for work much that week Chief Tschirhart received praise from County Judge Carter at the dinner Judge Carter was chairman of the Barrie police commission for eight years Its generally thought the police commission should keep low profile said Judge Carter and there has been no difficulty with apolice force as efficiently run as ours Chief Tschirhart has brought lot of honor to Barrie and has risen to the highest ranks in the Association of police chiefs It will be difficult for the commis sion not to expect too much of his replacement Chief Tschirhart replied that he could only make suggestions to the commission and it was up to the commission to decide on policies He said that the Barrie Police Department was as modern force as any in the province Ive been here 21 years and Ill be presenting my final budget to city council next week dont recall dispute over the budget of the police commission anytime in the past jOur force has one of the lowest per capita costs of any in the province and think lot of that is because of the hard work of the police commission About 70 people including aldermen city officials and families of the retirees attend ed the dinner Mayor Dorian Parker was master of ceremonies We cold send the old pumper out for false alarms POLICE CHIEF ED TSCHIRHART