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The Oshawa Daily Reformer OSHAWA, ONTARIO, FRIDAY, JULY 22, 1927 ®shawa Daily Times[=) For Subscription Mates Sev Mage 2 ble oy Bay Pode A -------- Second bection--Pages 9-12 Four Oshawa A }E SS a th Men To Serve One Year For Perjury Sentenced To Terms In Ontario Reformatory; All Were Charged With Making False Statements Frank John Fialks, Russell "Pat" Arnold Frank Judge's Weliein Found Guilty B inal Court at Court Case in Oshawa in Which Kobernik Judge Ruddy in County Whitby -- el to Police as Charged With Illegal Sale of Liquor -- Sentences Will Be Appealed Found guilty of perjury, four Oshawa men, Frank Kobernik, John Fialko, Russell "Pat" Arnold and Frank Wright were yesterday even- ing sentenced to one year's im- prisonment in the Ontario Reforma- tory with a second year indetermin- ate. Such pronouncement made by Judge Ruddy came with dramatic suddenness at the conclusion of a trial which lasted several hours and which was (he seiuel event to a police court hearNg held before Magistrate Hind last October, On that occasion at the trial of Frank Kobhernik charged with the illegal salg of liquor, fhe four men swore that they were all on a fishing trip at lake Svugog oh the day when it was alleged that two Government operators purchased the liquor from Kobernik, At the conclusion of the trial, T. N. Phelan, K.C,, of To- ronto, who with D. A, J. Swanson, appeared for fle accused announc- ed that an appeal would be enter- ed. Application for bail will be made In the Supreme Court immedi- ately and if allowed, the four men will Pe freed pending the hearing of thé appeal. E. M. Hand of, To- ront®, find Col. J. F. Grierson, K.C, represented the Crown. Two Government operators at the trial yesterday swore Kobernik was in- Oshawa, on August 15, 1926, the duis on _which they purchased the liquBr fFoii "Him. Mr. apd Mrs, Walter Balluk, and Nick Poleskin, a boarder living with them testified that Balluk's car which the fonr claimed was rented by them for the fishing trip was in Oshawa on the 16th. Joseph Redka, who was visited by Mr. and Mrs. Balluk, on August 15, also swore that he saw Balluk's ear in Oshawa that 'day. The sole evidence to the contrary was that the four accused who still maintain they were at Lake Scugog on the eventful date. Mr, Phelan sought to establish that the liquor case against Kobernik was a frame- up arranged by George Kitchen and Jobn Bmello, the "spotters." " #The statement th.t these men went fishing to Lake Scugog on Augnst 14 pnd did pot return to Oshawa uptil August 16, that they drove Walter Balluk's car and that they positively were not in Oshawa on August 15 is true or false," be- gan His Howor jn delivering his judgment. "The evidence of the in~ spectors""was, 1 think, very reliable they were both positive and if I believe thei, [lie statement of the pccrsed must be false. If the case dependd mupoili The two inspectors it might be tiore Ur cult because they are contradicted by these men, but they have told what I think is a straight story, and though examined by skilled counsel, I think their evi- dence stamds. Bet, in addition to this Balluk swears that they did not have hid car #nd he was quite positive. a ~was the further evidence his 'wife, Mary Balluk, and that" "TT J Redka who say that =o drove bis car on August 15 and in this were not shal-m. Nick P in saw the car that day and evidence corroboriles that of ot . I see no ré® son to dhouchians his group of wit- nesses afd thbrefore I believe the car could not have been at Scugog. Wright's evi had some umnsat- ] but without it be, suficient evidence the "Aecused. i find failed to prove their ali- think fhe others are dis- | witnesses, as they have all for offences under must be a con- immediately, despite evi- Taken during the day had been Kobernll's cas ealone but as the FRECHE agaiast, Applying in ach of remfining three cases. The wete lined up before the were in turn sentenced, - if they had any- to say fo nthemselves. Mr. mn His Honor to nik had under- gone dn operation for a tubercular Li i Fialka was thelew, father of four small children and a widower for the pas tthree montTis. After the passing of sent- ence th four men were led away hy a provincial constable. Mr. Phelan announced that the judgment would be appealed on the grounds that the findings of His Honor were against the evidence and because a statement signed hy Wriht and made to the police was admitted as evidence. In the docu- ment in question, Wright admitted to the police that the evidence con- cerning the fishing trip given by him "! Kobernik's trial was false, Yesterdqy on the witness stand, Wright, stated that he was not told that the statement would be used agains him but was told, on the contrary that it, would be for his pwn good, What 6 was more im- portant, he swore that he did no» know what the document he sign- ed contained. In view of the fact that Wright wes charged with per- jury as was Kobernik, Mr. Phelan objected very strenuously to his being called as a Crown witness, to testify against himself as it were; Mr. Phelan again objected when Mr. Hand wished to submit as evi- dence the statement made by Wright after finding that Wright, in the witness box was again of the opin- fon that the fishing trip was a real- ity, Wright cocld not swear as to the date but was sure the Fishing trip had taken place during the summer, In his statement it was distinetly written that his evidence that they were fishing on August 14-16 was false. In his address to the Bench, Mr. Phelan asserted that the whole case was a question of credability and he charged that the liquor case was a frame-up arranged by a couple of operators whom he claimed were discredited. Counsel for accused commented on the fact that in giv- ing Kobernik"s address at the pre- liminary hearing one of the opera- tors had given the address at which he lived until moving to his new residence on the pame street short- ly before the charge was laid. There were two independent persons who went with operators to Kobernik's house. Mr. Phelan made consider- able of the fact that the Crown had failed to call as witnesses either of these men. It was stated by Mr. Phelan that Balluk "had an axe to grind" and had gome to Col. Grier- son's office with the query, "What happens to a man who perjures him- self?" Mr. Hand in his remarks explain- ed that the men who went with the operators were informers and it is not the custom, he said, to bring them into court. The defence had stressed the fact that the operators could mot give detailed information or even a hazy description of Kober- pik's kitchen, in which the alleged 'sale took place, but Mr. Hand point- ed out that a professional man, a surveyor, sent there to make a plan of the ground floor had testified that if he had been there but fif- teen minutes he probably would not have known any more about the place than did the operators. "If this charge was a frame-up why then did not the operators who are intelligent men arrange it for a time when they kmew Kobernik would be im the city?" asked Mr. Hand. Crown counsel stressed the point that Arnold bad visited the Crown Attorney after the charge of perjury had been laid. but now would give mo information of his visit other tham to say it was for legal advice. Evidence given by Geo. Kitchen, one of the "spotters" was concern- ing the purchase of the lguor from Kobernik which he definitely stat- ed took place om the evening of Senday, Acgust 16. Cross examined by Mr. Phelan, he was unable to give better than meagre information concerning the lay-out of the ground floor of the Kobernik home or to detail the furniture in the kitchen, its location, or colour, His partner, John Smello, spent but little time im the kigthen, not putting in an appearance until the actual transaction took place. In reply to Mr. Phelan's persistent questioning concerning the size of various rooms, their lighting sys- furniture and color scheme. Smello pointed out that he camg to buy liquor not to purchase a kitchen or any of its furnishings, Like Kitchen, he was able to identify Kobernik, Waller Ralluk testified that his car did not go to Scugog on August 14, and swore that he had not re- ceived rental for it as was alleged by Kobernik, In a statement ve- celved at the preliminary hearing, Balluk declared that Kobernik, shortly before the liquor trial, came to him and asked him to sav thw "his car had been hired on August 14-16, should any person make en- quiries. He admitted that he wus formerly friendly towards Kobernik but was now unfriendly. He deni- ed positively having made the state- ment to Kobernik that he (Kober- nik) Fialko and Swanson had put him in jail and that he would fix them when he got the chance. Wit- ness also denied having told Kober- nikhe would not pay soce doney which he owed him because he (Ko bernik) had double crossed him. The reference to Balluk having been in jail, it should be explained, con- cerned a liquor esse heard last sum- mer. In it, Fialko, who is Kober- nik"s brother-in-law was jointly charged with Balluk with an offence against the O.T.A. Both obtained D. A. J. Swanson as counsel. Fial- ko followell counsel's advice, plead- ed guilty and was fined $50 and costs. Balluk, acting contrary to advice fought the case, was fined and given a jail term in addition. Mrs. Balluk was the next witness following her husband. She swore positively that the car was in Osh- awa from August 14-16 'inclusive. She also said she saw Kobernik on the evening of the 14th. A man, ghe' sald came to their place for liquor and after he had left, Kober- nik asked who he was and what he wanted. Shetestified that Sunday was spent at Joe Redka's place in Cedardalewhere a party was in pro- gress. The car was parked outside Redka's. Similar evidence concerning Sun- day's occurrences was given by Red- ka who had enjoyed a ride in the Balluk car that day. This witness and the previous two remembered that date accurately from the fact that it was to be Balluk's last Sun- day blefore serving the jail temm which had been imposed. Under cross examination, . Redka denied having told a friend that he had swore lies at the preliminary trial to give Kobernik a good scare. "I swar only to the truth" observed Joe. Nick Poleskin, a boarder at the Balluk home also was positive the car was in Oshawa. He remember: ed the date because he had been paid on the pryeious Friday amd as pay-days come to him but once every two weeks, they are something to be remembered. Nick couid not member the dale of the preceding nor the following pay days. There was a lengthy argument between Mr. Hand and Mr. Phelan with the Judge as intermediary be- fore it was decided that Frank Wright shoul®be called as a Crown witness. He stated positively that be with the three other accused had been to Scugog on a fishing trip some time last summer but he could not fix the date. Wright swore that he drove the car and that eachmem- ber of the party had contributed $5 to the travelling expenses. This evidence was apparently not what Mr. Hand expected and he sought leave to introduce the ? ? ? made by Wright to the police. Mr. Phelan was especially persistent in his objections but was overruled by His Homor. Accordingly the admis- mission referred to above was al- lowed as evidence. In it Wright said he was not to Scugog on Aug- ust 14-16 and that he did not drive the car. He further stated in ad- mission that Frank Kobernik had come to him and asked him to swear that he had been a Scugog. When making the request Frank had explained to him, Wright said. that he had been pinched, was fin trouble and had been got by a couple of spotters. Mr. Phelan cross examined vigor- ously. To him Wright said con- cerning the confession that he was not sure of the date and told the of- ficer so. Why did you make the admission your evidence given at the liquor trial was untrue?" queried Mr. Phel. an. "I dida't understand what was in the statement." Under re-examination, Wright swore that the warning concerning the future use of the statement which was written at the top of the page on which was written the ad- mission was not read to him. Fred Donevan, land surveyor, was W. BRO, W, J, DUNLOP Of Toronto, who was elected Dis- trict Deputy Grand Master for District D., at the Masonic Grand Lodge, at Guelph, the first witness for the defence. Te dentified a blue print showing the wrrangement of rooms and of the furniture in the rooms on the ground floor of the Kobernik resi- 'ence. Mr. Phelan sought hy this vitness to show that the operators iad only guessed at the interior lay ut of the home. One of the opera- tors swore definitely that the hall mtered into the kitchen, Mr, Don- 'van sald there was a middle hall- way but asserted that this would iihely be missed by a person who was rot noticing the interior ar- ranzenient particilarly, There was rothing about the kitchen which would strike one particularly save ig "rightness, Mc. Donevan testified. "hotographs of the kitchen and halls were shown witness ond he dentified them as heing of the Ko- hernik home. I'nder cross examination witness told Mr. Hand that he not noticed the hall himself at first, D A. J. Swanson was then called, HH» declared that Kobernik's was a striking kitchen, particularly neat and clean. Mr. Swanson would not say the kitchen was exactly the g.me when the photograph was fak- en as on the day of the visit of the operators. Mr, Phelan then ques- toined concerning a conversation which witness had with Baliuk, It was concerning a note which wit- pess held and which was endorsed by Baluk. During the course of the that Kobernik, Fialko and witness had put him in jail and that he would get even somehow. "He told me I would go home some night and find no house there," declared Mr Swanson, who went onto say that he had adviser Balluk to discontinue such conversation if he wished to come to no harm, "I suppose you are a frequent visi- tor at the Kobernik home?" began Mr. Hand in cross examination. "Yes, | guess I am there alout every ten days and that $§ have been in that house at least fifty times," Mr. Swanson replied. Frank Kobernik was called in his own defence. He reaffirmed his statement made at the liquor (rial that Le had ben fishing ag Scugog on the day in question. Witness stated that he had been fishing at stated that he had been asked for a loan of $50 by Balluk and had met bis request. Of that amount $30 was to be returned and the remain- ing $20 was for rental of the car for the fishing trip. Kobernik de- nied havire visited the Balluk home on the 14th, ia "Balluk threatened when I ask him for the return of the $30 to put Kialka, Swanson and myself in jail because Fialka got less than he did on a liquor charge," witness tes- tified. In reply to a question put by Mr. Hand witness stated that prior to two years ago he had been engaged in the second hand business and since then had been doing a little real estate, +» 8 "If 1 said that during the past two years you had been in the wholesale liquor business would I be right?" asked Mr. Hand. "Well, er, not quite," witness re- turned. Mr. Hand further pressed the auestion twice and witness finally declared that he did not sell liquor, that he was never in the Waithy, July 28.-The On tarioc Hydro Electric Power Commission has notified the Public Utility Commission of their intention to proceed at once with the extension of the 44,000 volt line from Oshawa t oWhithy, The extension will be brought across opn counk try through the farmer's fields, a few hundred yards north of the Base Line, Under instructions from the Provincial Hydro the local Coms Extend New Voltage Power Line Oshawa to Whitby mission has acquired a title to a lot at the corner of First and Broek Streets, purchasing same from Mr, KE. R, Blow, where it is the intention to erect a sub station for stepping the power down from 44,000 volts to 4,000 power for local distribu tion, Detalls of the new sta. von Jhave not you been ane ranged, but it will be absolutely necessary when the new line from Oshawa to Whitby is built, TRIES TO ESCAPE IN GARBAGE BARREL Ho'd-Up Man Atiempts » Daring Escape from Sing Sing Prison Ossining, N.Y., July 21.--In a barrel of garbage with a false bot- tom, John C, Biennan, hold-up man, serving a sentence of from 7% to 156 years sought to escape from Sing Sing prison today. Like his predecessor, Charles Joseph, who shied an apple at the prison garbage man in the hope of escap- ing unnoticed from the wagon, only to hit the horse, which ran away, upset the cart and pinned him un- derneath. Brennan was unsuccess- ful. Keeper John McCartin observed an unusual movement on top of four barrels of garbage from the prison kitchen, placed inside the sout hgate to he loaded on the wagon of Joseph Luskitz, garbage man, just afternoon today. He drew forth the 156 pound, 5 foot 7% inch person of Brennan. Tonight, Brenan was confined in "so'itary" refusing to give the names of those who hid him in the barrel. He may be indicted py the Westchester grand "jury "for an at- tempt to break jail and may be re- quired to serve the full fifteen years of his hitherto indeterminate sen- tence. When Brennan was convicted of a $4 500 payroll robbery in Sta- ten Island, Sheriff Atwell expressed fear of an attempt to rescue him by members of a band of Philadel- phia gunmen. All prisoners deny knowledge of how Brennan got in the barrel, and who put the: gar- bage in place after his entrance. TROOPS FROM CHINA TO RETURN TO CANADA Vancouver, B.C., July 21.--Act- ing Mayor John Bennett cabled to Great Britain's Secretary of State for ar offering on behalf of the Vancouver civic authorities every assistance in disembarkation here and entraining for the East of two battalions of the brigade of British Guards now in China. Announcement was reported by the Canadian Press to have been made in the British House of Com- mons this week that consideration is being given a suggestion that the two battalions should go to England by way of Canada. SEES ELIMINATION OF TUBERGULOSIS King's Physician Prophesies Disappearance of Dis- ease by 1957 London, July 22.--Sir Robert Philip. of Edinburgh, Honorary Physician to the King, in his presi- dential address before the British Medical Association at Edinburgh liguor busi nor jated with anyone else in it. "I sold liguor but once and I was convicted for it," witness said. Mr. Phelan sought to show that the payment of $50 made to Bal- luk was for a liquor trip which Balluk made for Kobernik, but but failed. Witness was sure of the date of the fishing trip because it bad been postponed from the first of the month so Fialka who was then working could attend. The defence then called Johm Fialka and he also reaffirmed the fishing story. He declared that Bal- luk had told him that he would put the trio above mentioned im jajil. Witness had loaned $30 to Balluk to assist in paying the fine. Wit- ness was closely quizzed om his oec- cupation during the past few years. He was able to explain that he had been a moulder for four years and since leaving that had been building. More recently, since the death of his wife he had been staying at home to look after the children. Witness denied having sold or de- livered liquor for Kobernik. Russel "Pat" Arnold also reaf- firmed the fishing story. He remem- bered the date because he always paid his mother the room reat on (Countinud on page 11) prophesied the disappearance of tuberculois from Britain by ithe year 1957, saying: "In spite of the interruption and difficulties introdwced by the Great War I am prepared, on the meces- sary assum n that methods are vigorously pressed, to believe - that my successor, at the néxt Edinburgh meeting of the association, say 30 years hence, will speak of tuber- culosis in this country as largely a memory of the past." He advocates the gemeral sys- tem of periodical physical examina- tions to emable physiclans to diag- nose and mip in the bud and morbid tendencies. BODY OF STRATHBURN YOUTH is FOUND ON RAILWAY TRACK Ste Thomas, July 21.--The body of Campbell McCrae, 21-year-old son of D. P. McCrae of Strathburn, Ont., was found on the M.C.R. track at the village of Rodney early this morning. It is thought he was struck and killed by a westbound M.C.R. train. MeCrae's mile and a half south of the village wrecked against a telephone pole and it is thousht he was walking into Rodney for assistamce. Am imn- lamest will be held. car was found a! TYPHOID HOSPITALS CLOSING IN MONTREAL Montreal, Que., July 21.--Within a week three of th hospitals special ly opened to recelve typhoid fever caces will be closed so quickly is the disease subsiding and so excellent is the progress being made by those at- acked, Dr. 8, Boucher, director of the OCtly Health Department, an- nounced today. "The trouble Is passing," Dr. Inv her sald, "It is something that might well happen in any city, but thTre is this: We might have stop- ped it sooner. had we been able to secufe certain co-operatiom that we did not get. As things stand today the Provincial HN:Ith Department and my own officers are in complete control of the situation. There is no danger from typhoid. Mow cdses reported today num- hered five, Dr. Boucher stated. BRITISH IMPORTS ANTICIPATE DUTIES Gives This Reply to Ques- tion in House London, July 22.--Why has British importation increased 3,000 per cent. in the past six months? The President of the Board of Trade, answerinp (his question by Howard Bury, Conservative, in the House of Commons Wednesday af- ternnon, said that probably it was because of a desire to anticipate the imposition of new British du- ties, Mr. Bury: This is a very seri- ous matter. Cannot our motor in- dustry be better protected? No answe was given. Apsweing another question, the Minister sald he could not say the number and value of American cars that were assembled or partly manufactured in Canada. The rubber restriction is to con- tinue. Col. M. 8. Amery made this inpouncement in the Commons on Wednesday afternoon. He was pressed by Sir Frederick D. L. Wise (Ilford, Cons.) to withdraw or sub- stantially modify the restriction scheme in view of the increased production outside the restriction area and the recent fall in the price of rubber. Col. Amery said that so long as conditions remained substantially as heretofore he did not propose to suggest either withdrawal or sub- stential modification. Full notice would 'be given of any minor hanges. ; 'MONTREAL FIRM MAY ~ BUILD IN TORONTO Toronto, July 22.--iWthin the metx few days the Harbor Board expects to be im a position to an- pounce a decision by a large pulp and paper comcern to locate om the water front. The headquarters of the concern .are in Montreal, and it is ong of the largest industries of the kind in Canada. The Harbor Beard at its meeting Tuesday afternoon gave prelimin- ary consideration to the megotia- tions. » It seems only a question of time when some one will hop off this little globe entirely. --Ashville Times. We'll agree that Mussolinf is a superman. [He succeeded in mak- ing the jandlords reduce remts.-- Pittsburgh Gazette Times. ROTARY CLUBTO HOLD PICNIG AT LAKE ON NONDAY Novelty Contests, Softball Games, Tug o' War and Other Features Lakeview Park on Monday af- teruoon and evening will he the wene of the Ushawa Kotary Club's annual picnic which will take the place ot the service club's: regular Munday luncheon. Club members Wills uave the Rotary Anns--mem- weirs' wives--as their guests of avuor, and a special section of the picnic events has been sel aside fur he entertainment of members' chil- dren. An exciting soft ball elimination contest begius the plicnie's pro- gram. The fir). games will pe calied at 4 p.m., with teams cap- tained by Rotarians George Heniey and Jack Beaton opposing teas headed by Rotarians dred Bales anu Bill Coad, With this major series com- pleted, a dual tug of war will ve staged between two pairs of teams whose chiefs are Kkotarians Bul Knight, Newt Johns, Albert Crow: and Mac MacTavish. At six o'clock a mystery feature will be introduced in the nature of a guessing contest for ladies. Supper is scheduled for 6.30, the ieature of which will be cowm- munity singing. After the picnic supper an address will be deliver- ed by a speaker yet to he an- nounced, 'Lhree novelty contests will be staged at 7.30 in the evening. the first will be a balloon blow- ing event for children; an apple- on-head race for ladies; and a needle and thread race in which both Rotarians and Rotary Anns will act as contesting partners. Soft ball finals, deciding the club championship, will be staged at 7.45, which will be followed by the tug of war playy-off between the winners of the initial events. Fat men, whose weighing ton- nage will be limited to an 180 opund minimum, will then line up for a. balloon race, whieh will be follow- ed immediately by 8 hundred yard handicap -and three legged races. Rotarian Gordon Conant will pre- sent prizes to all champions and contest wipners at 8.45, after which the Rotarians and their Rotary Ann guests of honor will enjoy a club dance at the Jubilee Pavilion. General arrangements are in the hand of A. G. Storie, Rotary Club President; J. C. Young, secretary; Bill Karn, director of ceremonies; with a reception committee consist- ing of all past presidents and their wives. Committee chairman include the following Rotarians: Morley Ja- cobi, attendance; George Henley, baseball; Ernie Parsons, races; Murray Miller and Leo Gray, prizes; Joe Welch, supper; Bob Hender- son, community singing; Stan Ev- erson, dancing; Gordon Lefebvre, starter; George Hezzlewood, Alf. Hinds, and Art Germond, judges; Jack Young and Charlie Bailes, umpires. STRATFORD'S LOCATION DETEBMINED EXACTLY Stratford, July 21.--A representa- tive of the Geodetic Survey Branch of the Department of the Interior, Ottawa, was in the city today mak- ing arrangements for the erection bere of a bronze tablet to mark the altitude, latitude and longitude of the city. The tablet is to be placed in Battery Park, permission having been granted by the Parks commenced this afternoon by the Board of Works, which has agreed to do the work. . CONTRACT IS APPROVED BY STATE OF MICHIGAN Lansing, Mich., July 21.--The contract between the State of Michi- gan and the Grand Trunk Railway, providing for removal of Grand Trunk tracks which occupy ground meeded for of Woodward Avenhe, was signed to- day by the Govermor-Gemeral and Frank , State Commissioner. it was thus given full effect, Sir Henry Thornton, President of the Grand Trunk, hav- ing already affixed his signajure. Taplin Natural Tread Sheee, Lit. 22 Ting St. West,