Oshawa Daily Times, 15 Dec 1927, p. 7

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EEA re Is Remanded For Sentence y Staff Reporter il Dec, Te Charged pted entry into the store ton and an Normberd Fal Vom. @ on d the charge was amended to a that accused was an acces. by to the act. His 18-year-old ! ther, George M , plead- 4 &o i charge of attompied ; appear sentence 1 ph li Bey homas F, Hall, Cobourg, defend- the brothers, while W, F. err, K.C,, crown attorney, acted for e crown, It was alleged that the two accused pre in league with Kenneth Wicks the attempted entry. Wicks was nd on December 3 by Judge . uycke and will be senten- d by His Honor on December Harry Robb, formerly of Stratford, o knew Kenneth Wicks and also ph and George Murphy, met both the Murphy boys and Wicks in pwmanville about 730 on the night .the attempted entry, He said he had arranged that they ay at his place for the night, He d he remained with them until out a quarter to eleven, Lo 1 "Where were they going?" asked | awa own Attorney Kerr, "To my boarding house." "When did you next see them?" "At ten o'clock the next morning ny boarding house," "Did you see them that night?" "Yes, they came in between twelve d one o'clock." wDid, a doctor treat them?" 0." "Did anyone?" 0) (1) "Were they wounded?" "George was shot in the hip." "Did they say anything about the ooting ?"" 0. "When they left you about one glock where did they go?" i § guess they went to my boarding se. "When did you find them there." "At ten o'clock in the morning." "Did you take iodine to them?" "Yes." "What time had you heard of the bery?"" 4 i r'glock in the morning." watime did you get the io- Ine "At ten o'clock." uf id they ask you about the rob- "They asked me what had happen- down town and I told them the blice' were looking for two men who d id into a store." "Did they ask about Wicks?" "Yes, and I told them he was ar- sted." "Did they ask what for?" "No they didn't" "Did you ask them about the gun- ot?" Did Not Inquire "No, I thought it was none of my siness." "Well, that is strange, Ii a friend mine were to come to my place ith a bullet wound, I'd want to ow the reason. Why were you so king in curiosity?" "I don't know." "How long have you been in Bow- ille?" "Three months." "That is long enough to know ooting is not a common thing 65 Hom ahi 1 Be Ralph wasn't ) d Ralph came five to ten es p™ Hi alter oratible a 'Bowmanville, said he saw three stran- gers mear Jacob's t eleven Selo Later | he the same three come 's Tangwa and walk to street and he street, JRL CR onto Queen street, "Did you follow them?" asked Mr. Kerr. CEL see "Yes, 45 Richard HeNeutien® "Where did you go, then? ont to "We went through yard into Mr, Cole's." "Whom did you see there?" "Wicks, along with George Mur- phy." Nhere were they?" "They were close to the Mr. Couch's store. icks had the screen of the Window in his hands and he sa on un and bolted toward fence with George Murphy. I shouted "stop," and they did, I ordered them to come towards me and I walked toward them, "What did you do then?" "I handed my revolver to Richard McMullen that 1 might handcuff them and as 1 did so, Wicks yelled "shoot, Bill, shoot." "Where was Wicks?" "To my left: and about four feet owman rouse Y. "What did 7% do then?" "I grabbed Wicks and George Murphy bolted, "Did" Wicks seem to be calling to a third party or to George Murphy, "He was calling to a third person, I think. "What did you do when Murphy bolted?" "I called to Dick to shoot and he did and hit George," "He is a good shot," replied Con- stable Hall, fGeorge Murphy is the man who was with Wicks but I was not close to the third man," said witness in answer to a question by Mr, Hall in cross-examination. Richard McMullen, who shot George Murphy at' the scene of the attempted robbery said, "Mr. Hall told me to shoot Murphy when he tried to escape," explained Mr, Mc- Mullen. "Did you hear anyone thing about shooting?" Yelled "Shoot, Bill, Shoot" "Yes, Wicks yelled in a loud voice, "shoot, Bill, shoot, plug the both of them," "Did you see "Bill"?" "No, I didn't. T was in the shadow of the wall. ; "Did you see more than two?" i 0." say any- "You have been shown to be a good shot and so you have good eye- sight, and if there had been three, you'd have seen them. You are posi- tive there were only two," "Yes." "Did anyone say, shoot?" "No, it was, "shoot, Bill, shoot." Fred Cryderman, member of the firm of Couch, Johnson and Cryder- man, said the screen was secure at the window early on evening of Noy- ember 9, but that it was off the next morning. , Giving evidence in his own behalf, Ralph Murphy began, "I came into this town on the evening in question, and I asked someone on the street where I could find Harry Robb, I was directed to Jacob's bakeshop. "After we had met Robb, and he "shoot, , Ralph, BOYS WANTED AS CARRIERS AND COLLECTORS --- for -- THE OSHAWA DAILY TIMES High School Boys Preferred Liberal commission and steady employment to capable boys. ~ Apply to -- MR. BOYCE -- Times Office Py " chief concern. PUBLIC D. A.J. SWANSON ck of | h THE OSHAWA DAILY TIMES, THURSDAY, DECEMBER 15, 192? tter, he he ha was matter, = 1} rot ' pe or pimated 100 sir, He asked me for a drin o water XY, gore 1 to him ay 0 "Rod went to Harry Robb's and the morning I asked him for som iodine as I couldn't & the stopped on his leg, I fixed up the leg the best I eould, and we started for ome, en we got home, 1 e the, doctor to Mend Gronge oe esent w . tor aetieed?® aeked Mr. Hal "Yes, I was" "Did the doctor remove the bullet from your brother's thigh?" " o" Examination Mr, Kerr, crown attorney then grost-sxamined Fhe withess, gysstion- t his past record, ti old were 2 in me, 19143" asked the crown attorney, irt " een. . "Were you charged with theft "That is a long while to remem- "Were convicted of shopbreak- ing Feb, 0160" Yes. "On Jan. 28, 1921, were you eon- to four months in military jail for desertion?" - . "No, 1 was in the military jail for four months for overstaying my leave two days." "On September 14, 1918, were you convicted of theft and sentenced: to six months in Ontario Reformatory? "On Jan, 28, 1921, wer eyou cofi~ yicted of theft and sentenced to eigh- teen months in Ontario Reforma- foryl? "Yes, sir." "On Oct. 16 1926, were ne for breach of OTA. "On Dec, 29, 1926, were you con- victed of giving liquor to girls not of se : "Yes sir." : "When you leit Wicks and your brother where did you go? "Home to bed." "Where did you leave them accord- ing to your story." "I left them at West End Gar- you fined "Where did you go?" "Along Church street" . "Why didn't they go with you?' "I don't know." "Why did you return to bakeshop just a few minutes after your brother was shot." "I went back for tions." i "Did you hear the shot?" "Yes, I heard it on Church street. I thought it was an autemobile tire," "Did you ask your brouther what was the matter?" "He said he was shot, and I asked him, 'where'd it get you'?" "Did you ask him why anyone shot " explicit diree- "I don't recollect doing so." "Did you ask him later?" "All he told me was that a guy hollered at him to stop and he didn't stop and he plugged him." . "Weren't your very indignant? Didn't you say anything?" "I said plenty, but I can't repeat it here" "When he woke up, did you ask him why anyone shot him." "No, it is over a month ago and I cannot remember." "Did you ask Robb the next morn- ing what was the news around town?" : a ao, my brother did." FL "In your presence?" "Yes." Frage "Did you hear Mr. Robb say they were looking for two men?" "Yes." "Did George tell you then he'd been shot trying to break into a "Not then." "When did he first tell your" "Near CP.R. tracks om Scugog street." "You took a roundabout way of getting to the highway?" "Yes." was of into the store. "It was Wicks' idea," replied wit- ness. "How did Wicks he 1d of breaking into rah . Jun "He said, 'I know a place I can get a here, a I want to get-a new You said at once t nonsense,' nM refused, I suppose," ventured Mr, ere, "No! 1 said, "Where 1s it'?" "Oh{_How were you going to get rid of Ralph whe wouldn't of course, do Jthing like that?" "We didn't How at. that time, how we would get rid of him." "You knew Ralph wouldn't do any- thing like that, did you?" Yes, Ralph would get a big stretch if saughe doing anything wrong, be- cause he has a past record." "You figured that if eaught you'd get a short stretch but if Ralph was caught, he'd get a long term," "We weren't figuring on getting caught." "Nobody does," said Mr, Kerr, 1H ph didn't know anything about "No, because Wicks said, 'We won't tell Ralph anything about. it, because if he gets caught, he'll get a ride and get about five years, Those are his exact words." hy 4id you take a back road in ke g town?" "To escape the police." "Why?" "We had heard that the store was robbed and I thought police would pick us up as persons who did it." "You are right, they would have," declared Mr. Kerr. "Ralph said it would go hard with us if we were arrested as he had a record and I had a bullet wound in my hip." "Who hailed the truck to take you away from here?" "Ralph did," "After you told him you had tried to, th the store?" Ves." "Did Ralph call the doctcr?" "Yes " "Had you been in trouble before?" "No, sir, . "Isn't this the case that you are inventing this story to save Ralph who has a record?" "No, sir, I'm telling you nothing but the truth." : "Wicks is the villain of the play, is he?" "It was him that suggested rob- bing. the place." "Wicks said he was with two Am- ericans." "Well, I'm a Canadian" "You knew him well? You had travelled with him for eight or ten years?" "Yes, I've known him for some time." Mrs. Esther Murphy, of Stratford, mother of George, and step mother of Rzliph, declared, weeping on the stand, that she was sorry, but that she'd always done her best for her boys and treated Ralph as her own son. "What does your husband do?" asked Mr, Hall "N ; he's had a second stroke and has lost his speech. He hasn't been working since February" "Do you know anything you can tefl us about Ralph's past record?" ked 'accused, asked counsel 2 "Yes, I do, He has been 2 very very unfortunate boy. The first of- fense was breaking into a shop, Af- ter he'd come back from the war, they, went into a doctor's office and on a floor, 2 saw them there and 33 Dolkestuan PRINCE STREET "Canada has less than ten million and I submit this boy should be al- lowed his freedom, for Canada needs youth such as he, but not in jail. Your Worship, I believe you have a chance to do your country a great good by allowing this boy his free- dom on suspended sentence," declar- ed Mr, Hall, Mr, Kerr then suggested that the prisoner, George Murphy, be remand. ed for sentence, as Kenneth Wicks, who had been found guilty December 3, had not yet been sentenced, He declared he thought the date should be December 23, as Wicks appears before Judge E. C. S. Huycke on December This suggestion was declared satisfactory and was acted upon. Declaring there was no evidence to show Ralph Murphy participated in the entry attempt, Mr, Hall ask- ed that the charge be dismissed, Magistrate W. F. Ward replied that he had no hesitancy in dismis- sing the charge as laid but said he fi. Only three more and our offer is closed. 'ABSOL "BE this chance to get UTEL i brand new LIRA 2 : ELECTRIC * Goll tn for Particulers S! COWELL would suggest that the crown amend the charge to that of being an ac- cessory after the act, The amendment was made and the elder Murphy brother, Ralph, will also appear on December for judgment, BURGLAR IS KILLED AT DETECTIVE'S HOME Detroit, Dec, 14--~A woman knows better than a detective what kind of noise a burglar makes breaking into. a house, it was demonstrated today. As a result the career of Francisco ma: Moreno, alias Frank Brown, 42-year- old thug, was cut short by a bullet from the gun of the woman's hus- band, Detective Francis V, Tully, Early this morning Mrs. Tully awoke her husband, "There's someone at our window," she whispered. Tully listened a minute. "Go back LAST CALL! RA a to sleep , That was only the milk- man." Tully turned over, few minutes elapsed, Again Tully was awakened, "I'm sure there's someone around the house," Mrs, Tully said, "You must be nervous. I tell you there is nobody around. Now try and go to sleep," Tully replied in his best professional manner, A few more minutes went by and he was awakened again, He was de- cidedly irritated now, "I'll settlé this thing for once and all," he said and drowsily glanced out of the window, What he saw took all sleep from his brain. Crouched in the driveway a few feet from the window was a Wy Tully picked up his service revol- ver and softly crept out the front door, The fellow saw him and ran. He called on him to stop several times, fired twice over his head and then pointed his gun and fired. The man, later identified through finger Prints from the criminal gallery, as oreno, fell, shot through the heart, . 4 Hurry or you may be too late for Y FREE ACH os NGE OPEN EVENINGS Prescott, Ont., Dee, 15.--An en« thusiastic meeting of the Prescott Hockey Club was held Tuesday night, when the following officers were elected for the season: Presi- dent, W. J. Ranson; Vice-Presi~ dent, Dr, - Patterson; Secretary- Treasurer, George H, Fitzpatrick; Executive Committee, A, P., Eng- lish, James King, George Morrell, Harold Chambers and Ernie Phils lips. The schedule will be drawn up within the next few days, ® WHAT AN EXAM, MISSES (Ottawa Journal) ] It develops that Clarence Chamber» « | lin who flew over the Atlantic, near- ly failed in his examination for & license ds an aeronaut. No examina- tion reaches some of the qualities of courage, presence of mind and good judgment, E pl the heating plant has 20 Simcoe St. South Phone 419 touching the thermostat with just one finger. 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