Oshawa Daily Times, 20 Sep 1928, p. 11

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THE OSHAWA DAILY TIMES, THURSDAY, SEFTEMBER 20, 1928 The Case of Amelius Jarvis ( From the Hamilton Spectator) A ---- -------- "Nothing can be honorable where there is no justice." --Clcwsn Sent to a Devil's Island of finam- cial ruin, despair and discredit, hs office seized, his business closed, finger-printed like a COMMON Cri: inal, fined the largest fine ($200, 000) ever levied against any man in Canada, and, on top of it aw, sentenced to six months imprison- ment. Aemilius Jarvis of Toronto patiently awaits the time and hund- reds of friends with him, when he will be given a mew day in court and the opportunity to vindicate himself at a new trial, as his friends declare he can, and as all the evidence now on hand would seem clearly to indicate. Just what action will be taken in his case is of course as yet {« the lap of the Gods--or of Govera- ments -- but that sooner or later something must be done if Justice is not to fail is apparent to all, What, be it understood, Mr. Jar- vis now seeks, is not a pardon, non that he should be merely restored to honorable eitizenshin and his' good namre redeemed, but that he should be given a new trial and a new day in Court in order that he may have an opportunity to vindi- cate himself completely, There is np petition for mercy on his part np request for magnanimity, no plea for pity, but only a crying aloud for justice and for a full and fair examination of all the evidence that has come to hand after his trial and that has now been avail. able for some years. I'or Tet it be said here and mow, there is no doubt in the minds of hundreds who have studied his case imparti- ally that Mr. Jarvis would have been certainly acquitted of any charge if the evidemca which came out over a year afterward in the Peppal case had been avallable to him at his own trial, Here were two men charged for the very same offences theft, re- ceiving, embeszglement, fraud and conspiracy--Jarvis in October 1924 and Peppal in 1925. Jarvis at his trial was acquitted of everything save conspiracy; Peppal in trial was acquitted of everything although at the Jarvis trial it was contended that he was one of the conspirators, For purpose of explan- ation it may be added that tins alleged conspiracy had to do with the purchase and sale by Mr. Javis and Mr. Peppal of Provincial bonds and that the third couspirator was stated to be Hon. Peter Smith, Pro- vincial Treasurer. Let us now sum up the case as it stands today as follows: 1. Under the law Mr. Jarvis lost his right to appeal, once a year Lad expired from the time of his sent. ence. 2. Peppal was tried a year and a month after the Jarvis sentence and, when he was tried he came into Court with books, papers, doe uments and evidence which wey not available to Mr. Jarvis at his trial and which sa clearly disprov- ed the charge of conspiracy that had these various forms of evi- FLIES are Continually +» "Oozing FILTH » 108 hreed in unspeakable filth, Thelr spongy feet transmit germs of dread disease, They taint every» thingtheytouch, FLY-TOX kills flies, Use FLY-TOX, Itis safe, fragrant , (stainless. . FLY-TOX also kills mosquitoes, moths, voaches, bed hugs... OX DEVELOPED AT MELLON INSTITUTE OF INDUSTRIAL RELI EO, LTB, ition, IN CANADA BY Phone 22 for Your Drug Needs THOMPSON'S 10 Simcoe St, 8, We Deliver dence been available to Mr Jarvis at his trial there would have been no doubt of his acquittal. 3. At this firet trial, Mr. Jarvis was absolutely helpless to show what Peppal had done with $149 932 of specific bonds which Peppal received from Jarvis and which, aos cording to the theory of the Crown, were passed on by Peppal to Smith as a bribe. 4. The reason for the them help- lessness of Mr. Jarvis was that Mr. Peppal was held fast in California by the Cown and therefore his evi. dence was not available at the Jar vis trial, 5. How important this evidence would have been can best be est mated by yeference to the words of the trial judge who sald "If Am. drew Peppal swore that Peter Smith' did not receive them" (the bonds) "but that he retained them for someone else, Peter Smith should go free." 3 6. At the Peppal trial, Andrew Peppal in his own defence, gave an accurate, precise, detalled account of what he did with every bond, while, in addition, his counsel gave the Court a complete statement of his bank accounts, stock accounts, broker's transactions and official position of all of these bonds and showing that Peter Smith did not receive a single one of them. 7. In other words the very con- dition developed at the second trial which the trial judge at tha first trial declared would absolutely do away with the conspiracy charge, and 1t was the absence of this vital evidence at the first trial that was the greatest factor iW the Jarvis conviction because of course, it is perfectly clear that it there was no theft or bribery involved in the transaction, there could be no con spiracy on the part of Mr, Jarvis, who had no dealings with Mr, Peter Smith at all or at any time, the arrangement for the bond buying having been made with Premier Drury and his Cabinet as these gentlemen testified, 8. Instead of the Provine2 of On- tario losing on the purchase and sale of the bonds, it was proven clearly at the first trial that the Province had actually profited by over two million dollars, showing that the bargain hetween Mr. Jar- vis, and Premier Drury and his Ca- binet was a splendid thing for the Province, and that the transa:tion was wonderfully carried out by Mr. Jarvig himself, 9. The acquittal of Mr. Peppal completely demolished the charce of conspiracy which "the Jury in the first trial, after six hours of deliberation and much hesitation and doubt had held to be proven against Mr. Jarvis, 10. So strong now are the feel- ings and the certainty on this paint, that only a few weeks ago the May- or of Toronto and Members of Par- liament there petitioned the Gov. ernment at Ottawa to grant Mr. Jarvis a new trial, while some months earlier a memorandum along similar lines was forwarded by leading reputable Cagadian eiti- zens who had followed the ease i $12.95! You will have to see them to feel the wonderful qual- ity of silk that develops them-- satin, georgette, flat crepes, and satin canton in exquisite plain shades as well ag lovely velvets, so emart for fall, The Fashion Shoppe 1 E CANNOT tell you lovely these Frocks ar. rd how e for Sizes for Women and Misses The Fashion Shoppe FT AR J ARTI Phone 3083-W bank records, showing the exact dis. |. thousand employees, forward, power, 'When the largest passenger lo- comotive in the British Empire emerged from Angus Shops under her own steam, close to eight most of whom had contributed something 10 her creation, stopped to cheer as, her throttle gently opened for the first time, she moved slowly She is a triumph of Canadian design and engineering craftsmanship; a graceful mech- anism nearly one hundred feet long, with a tractive effort of 60,800 pounds, equal to 8,685 horse The new K-1-A" Class locomo- tive has heen built from designs originated in the motive power department of the Canadian Paci- fic hallway in the company's own shops by its own employees. Two of thesy engines have been con- etructed and they will first be operated 0 the Montreal-Toronto en Although its weight, 424,000 any other passenger engine in Canada, the extensive use of Can= adian nickle steel parts has re duced it to a minimum, and the high ratio of tractive power to weight is a notable feature of the new engine. Other features are a one-piece cast steel locomotive bed; a tender with a water bot- tom underframe; boiler pressure of 276 pounds, the highest of any locomotive in Canada; and a length of engine and tender of 97 feet 5 inches. There are eight pairs of wheels, a four-wheel leading truck, eight drivers, and a four-wheel tradling truck. The wheels have a diameter of 75 inches and the cast nickel steel cylinders are 25% inches by 30 inches. The coal capacity is 1814 tons, and water capacity 12,000 gallons. A mechanical stoker considerably lightens the duties of the fireman, Largest Passenger Engine in British Empire pounds, is greater than that of | The new design almed at large- ly increased power, reduction of weight and elimination of parts, The result has shown that Cana- dian technical skill and workman- ship is equal to the task of put- ting a fully equipped engine of the best type under its own Jawan, and that the Canadian Pacific Angus shops, the second largest on the continent, are capable of vieing successfully with recogniz= ed engine building plants ange where in the world, wi closely and who were convinced of Mr, Jarvis' complete innocence. Among these were such men as: Sir John Gibson, Hon, Wallace Nes- bitt, A. BE, Ames, Sir Joseph Fla- velle, W, G. Geoderham, Walter Gow, Father John Burke, F. G. Osler, Gen. Newburn, E. R. Wood, Hume Blake, Sir Henry Pellatt, Britton Osler, Mark Irish, Sir Clif- ford Sifton, Lieut Gov, W. D, Ross, Geo. H. Gooderham, Sir Charles Hibebrt Tupper, General A, D. Mec- Rae, Douglas Armour, K. C., Rev, Canon Plumptree, G. A. Morrow, Robert Hobson, J, F. Lash, Fred H. Deacon, R, Southam, J, P. Bickell, A. C. Flumerfelt and a host of oth- ers, ASSESSORS ISSUE treasurer, stated, increasing every year by about $500,000. The water nd business tax of soma $5,600,- 00 makes the revenue from these three sources $26,100,000, BABY FALLS OFF TRAIN AND WALKS Montreal, Sept 19.--A child of two was discovered walking along ds Checkec lo By modern vaporizing ointment-- just rub on LATEST STATISTICS Montreal Per Capita Area is Better Than New York Montreal, Sept. 18.--The areca of Montreal is 650 square miles or 3 000 acres, according tn the le statistics of the city asscssors. The city is about 13 1-2 miles in length and nine miles at the widest point. The area of 32,000 aeres gives a per capita superficies of 1,662 square feet, while New York City has but 082 square feet per capita, it was pointed out by J. Hamilton Ferns, chairman of the Board of Asses- Bors, There are 60,000 proprietors on the lists this vear, owning in all 184,000 lots, of which 108,000 are vacant 77,900 built upon, ana 217 devoted to cultivation. There are eight islands owned hy the city, with a total area of 2,700 acres, The valuation rolls of the city will be officially Pomologated on Thursday, Sept. 20, and after that date no further changas will he allowed in the property that annu- ally on this date the really roils be signed the water and personal or business tax rolls having heen homologated on August 20, Notice Given The assessors finished '(heir work at the end of last mopth and on August 31 notices were publisi- ed giving three weeks for propriet- ors to have their assessment reyis- ed. As in other recent years, rate- payers were also notified if they were assessed higher than in the preceding year. The realty roll this year reaches $20,600,000, Patrick Colitns, eity Is Your Child Thin and ' Weak? 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