The following text may have been generated by Optical Character Recognition, with varying degrees of accuracy. Reader beware!

HARRIS TRIAL (Continued from Page 1; tion to some 15 questions on which the jury must draw conclusions. He referred first to the question of the time of the accused's arrival home, Mrs. Annie Woods having said that he atrived shortly after 4 am. and Dr. MacLean having told of seeing three mes at the corner of York Street and the Plant Road at ex- ctly 4 a.m, while the four:Linton's estified that Carl and Don had ar- rived home at 3 a.m. His Lorship spoke also of the bruise on Harris' face; the stains on his clothing; the condition of the room in which the kody of Mrs. Lyons was found; the matter of '+ the package of cigarette papers found on the body; the accused's statement that he "did not remem- ber"; the accused's state of mind; his conduct throughout; Lillian Ti- yy EK. MacLean that he had seen three persons at the corner of the Plant Road and York Street at "precisely 4 o'clock" on the mor ning of November 10. "If this was 50," he declared, "the whole case for the Crown just collapses like a house of cards," pointing out that this agreed with the evidence of Harris' landlady, Mrs, Annie Woods, that he had arrived home bétween 4 and 4:30 a.m. He pointed also to Carl Linton's evidence that 'he had gons to bed between 4:45 and 5 o'clock. Referring to the incident of Carl Linton going back to York Street to see if Harris was in sight, Mr. Greer asked the jury to recall their trip to ax last week and their view of this street at night, Did not the whole body of the young man walking down the street dis- appear once he had passed the centre light, he asked. "1 suggest that Carl Linton went back to the corner to see that the coast was clear," Mr. Greer declar~ tus' evidence that she had seen |; Carl Linton force Mrs, Lyons to her San Lint one occasion; the Linton Loy's "gratuitous statement" when asked if 'Mrs, Lyons rolled her own cigarettes; the accused's paysieal ondition; the episode o Hart's car; and the evidence that the body of the deceased was not bruised. No objection was raised by the Crown to His Lordships charge to the jury and only one brief ob= servation concerning his reference to the package of cigarette papers was raised by defence counsel. Crown's Theory Addressing tne jury as court opened yesterday morning, T. J. Rigney, K.C., special Crown Prose cutor, sald the Crown's theory was that after Carl and Don Linton and Harris left the Lyons house on the night in question the accused had returned to the house after leaving the Linton's at the corner of York Sreet and the Plant Road, and had gained admittance to 8 Oak Street by means of the pane of glass which had been broken in the door. According to the theory a scuffle had taken place in the living room, perhaps some indecent proposal had made and Mrs. Lyons was dragged into the bedroom and thrown on the bed. There she was indecently assaulted, a struggle en- been sued during which the blind wi window, strangled with the top of her py- jamas being used as a ligature, Speaking for about an hour and a half, Mr, Rigney called attention to the improper remark alleged by the Linton's to have béen made by [ concerning Mrs, Lyons at her home during the evening of November 9. The use of these words, he asserted, was "the key that opens the door to the mystery" Harris in that it gave evidence of the ac- cused's inclination towards the de- Mr. Rigney then dwelt on the 'evidence as to events following the departure of the three boys from Mrs, Lyons' house, He submitted that the discrepancy in the Line tons' evidence that they had arrive home at 3:30 and that which and W. J. Franks along with the other officers in their investigation of tter," adding that the from any bickering , to alleged mistreatment of pri- to the accused's state- ed why a man "would blurt out a statement like that without being : asked any question." Then quoting Harris' words of November 17--"I was pretty drunk last night and I don't ever remem- ber going back to the house after I left"--Mr, Rigney asked what had happened to obscure his memory at this point when up until then he had been capable of giving a clear explanation the belief that the of cigarettes papers found the body had not been placed by someone desiring to do an justice to the accused, he sug- 'however, that there was a motive "which led right through the plece"--the accused's determina- tioh "to satisfy his desires on this . "Two-Man Job" Speaking on behalf of the defence A. W. 8. Greer, KO, In a three half hour address to the jury, ty the jury was mot "closing the solving this crime" but that the police might then re-open their investigation "and find who the murderers were". Basing his case on some 20 points which he summed up, Mr, Greer emphasized first the evidepceof Dr. "There is no evidence that Mrs. Lyons was rendered unconscious and wouldn't she have been clawing franctically at her assallant?" Mr. Greer asked, in urging his theory that more than one been involved in the , There were no marks of this nature on Harris, he pointed out, when the scrapings from under the nails of the deceased were analysed they showed no izidication of blood. He em also that the knot with which the ligature was tied had been described as a square knot-- the kind used in bandages. "The only person who would like- ly know anything about a bandage knot would be a person acquainted with that type of work and Carl Linton was a member of the Royal Canadian Army Medion! Corps," he declared, adding that "there was not a scrap of evidence that Lorne Harris would have tied anything but an ordinary graany knot." Going on to speak of the older Linton, Donald, Mr, Greer suggest- ed that if he had paid any atten- tion to the remark sald to have been made by Harris regarding Mrs. Lyons, Linton, "whose brother was living with this woman to all in- tents and purposes", would have raised some objection. In the wit- ness box, on the other hand, he had sald that he had not attached any ¥ knocked or pulled down from the importance to it. and the woman was thrown on the floor where she was No Bruises On Body With regard to the Crown's theo- ry about Mrs. Lyons being crimin- ally attacked, Mr. Greer suggested that the 'only wrong-doing on her part was "a voluntary act". To sup- port this contention he pointed to the evidence that there were no bruises on her body, that her cloth- ing was not seriously and that there was no evidence of acts of violence to the lower part of her body. Referring to the evidence of at least five persons who said that Harris "behaved" and also to Dr. F. A. Cuddy's evidence that the ac- cused was suffering from a heart condition of long standing, Mr. Greer asked if this were the kind of man "who would be breaking in- to that house, mauling that woman, dragging her into the bedroom and assaulting her." "The Crown, in trying to weave around this young man circumstan=- tial evidence of guilt, are picking straws here and there," he declared. "And what does that indicate?-- Tost, their case is abominably In 'opposition to the Crown's the- |aory, he put forth .the suggestion moved might very well indicate thes money was being sought. Declaring that there wasn't "oné single, solitary bit of evidence--not a scrap--to show that Lorne Har- ris was violent in his action," Mr, Greer went on to refer to evidence as to the actions of the two Line ton boys. He put forth the suggestion that the pane of glass in the front door of the Lyons house had not been broken accidentally as Carl Linton had said, but because the latter, to the house the worse of liquor, broke the pane of glass be- cause "he couldn't get in and find Audrey." Then he continued, Linton went down to Kyle's and according to Lillian Titus, Mrs, Lyons hid be- hind a bedroom door and Carl said: "If you don't let me in I'll smash the door down." "That's the same Lillian Titus, sworn by Mrs. Kyle to be a truste worthy girl, who said that one time before, Carl, having had a few drinks said that he would mind Mrs. Lyons' children. Mrs. Lyons said no and he grabbed her around Pe throat and forced her to her ees." RECTAL 17CH PROMPTLY HELP RELIEVE ich, aiso pain of piles with mildly, scientificelly medicated CUTICURA OINTMENT Don't Take Chances On Old Smoothies RECAP NOW! 48-HOUR SERVICE! DUNLOP ™russ"" EXPERT VULCANIZING AT... : N AUTO PARTS 25 ALEXANDER BLVD. PHONE 1094 Whitby," Mr, Greer declared with respect to the 15-year-old Titus girl. "That's Donald Linton--a self con= fessed attacker of people, That's Carl Linton . . .," he declared. Coming to the question of the cigarette papers bearing Harris' name which were found on the body, Mr. Greer pointed out that there was no evidence that there had been a guardgt the house dur- ing the early part of the afternoon and that there was never any guard at the back door. Sloppy and Haphazard "That is where I say this inves~ tigation was sloppy and haphazard in this respect," Mr. Greer declar- ed, pointing out also that no search had been made of the Lintons' clothing or home, He emphasized what was later termed by His Lordship the, "gra- tultous statement" of Donald 'Lin- ton at the Lyons house when ask- ed if Mrs. Lyons rolled her own cig- arettes. Linton had sald--in effect--"No, and neither does my brother but. the fellow who was there last night, Harris, does.' ' It was fhe contention of the de- fence that the package had been placed on the body sometime dur- hed | ing the proceedings. Mr. Greer nam- ed some eight witnesses who had failed to see the package on the body and' he emphasized that Dr. Cuddy, the coroner, in examining the body would surely have seen such an object if it had been there at that time. He referred also to Dr, MacLean's recollection that when he had first seen the body the head was propped up 'and he couldn't recall seeing the blood on the floor, Later, the pathologist, Dr. W. L. Robinson had said this was a mucous fluid which might not come from the mouth unless fac body were in a certain position. The papers, he added, "were not stuck away 'under some clothing. but just nicely in the folds of the gar- ments." Regarding the handwriting on the package, Mr. Gree! emphasized his contention that the important thing was not the authorship of this writing but rather the fact as to when they were found. Expressing the opinion that Har- ris' remarks in the statements to the police were quite reasonable, he went on to refer to what he term- ed "one of the highly significant, unanswered conundrums in this whole case", the statement of con- sent to get a bit of hair from Har- ris "for comparison with samples found on certain clothing." "I suppose the hair from the ac- cused's head did not compare with that on the clothing in question," he suggested, adding that if theré were hairs found on Mrs, Lyons' clothing this should have been dis- closed and also whether there were les taken from anyone else. e hearing of evidence in the case concluded Tuesday afternoon | when Defence Counsel announced that no witnesses would be called for 'the defence, Subsequently His Lordship ; a motion that the case be taken from the jury at | i ' | An unexpected incident in the Tuesday afternoon session was the calling of one Cliaton Gracey, at present serving a jail term in Portsmouth Penitentiary following a conviction for fraud in Whitby last January. Taking the stand, Gracey refused to give evidence, "I'm a"convict, I've been beaten up twice and I can't give evidence," he declared. : "yr very sorry for this man but I don't see how he can bé ex- cused from giving evidence," His Lordship said, x "I can't sir, Charge me with con- tempt of court if you like but I can't. I would if I could but under the circumstances I can't." Gracey replied. ' "You mean you won't?" His asked. ' "Yes," was the reply. His Lordship ordered the man re- manded in custody. Lillian Titus Testifies Obviously nervous, the final wit- ness, 15-year-old Lillian Titus, told the court how on one occasion when she was at Mrs, Lyons' house she saw Carl Linton "take Audrey by the throat and make her go to her knees on the floor." * Miss Titus had not been called to given evidence 'at the previous trial and was the last witness to take the stand in the present proceedings. During re-examination by Mr. Rig- ney a statement was also filed which the witness had given to po- lice shortly after the murder, Regarding the occasion in queés- tion Miss Titus said that she had gone to see Mrs. Lyons after school, FLOOR SANDING 3 Dustless Machines . At Your Disposal M. LEGGETTE Phone to 3744W1 USE GAS . ... CHEAPER . . . FASTER MORE EFFICIENT Ontario Shore Gas 0. Ltd. 15 KING ST. B PHONE 3300 --s-- RENT An_ Electric Portable SEWING MACHINE "= Home $5 wonm SINGER SEWING MACHINE CO. 16 Ontario St. Phone 696 A FOR YOUR WIRING AND APPLIANCE REPAIRS call CHRISTIAN'S ELECTRIC & HARDWARE PHONE 1000 WINDOW CAULKING and GLAZING! G. MCKNIGHT tell Fl Cl Che ek NOTICE Fred "Monty" Montgomery recently discharged from the army, would be pleased to serve his customers, old and new, at HENRY'S BARBER SHOP 21 PRINCE ST. PU When In Need of Drugs POWELL'S DRUG STORE 35 Simcoe St. North Phones 1360 - 2259 PROMPT DELIVERY BURNS CREDIT JEWELLERS Terms in Accordance With Ware Time Prices & Trade Regulations. 32 King St. W. Oshawa Phone 389 SALES and SERVICE ® Washers © Ironers @ Cleaners Etec. Jock BIGDULPH 68 Simcoe N. Phone 3800W | "Look for the store with the yellow front" We have just received a large shipment ready for IMMEDIATE ARMSTRONG FUELS 59 CHURCH ROOFING ® Asphalt AA igen ® Built-u FREE ESTIMATES! PHONE 3628) Batteries re- ed © repaired! rentals! 35 GIBB ST. PHONE 960 Under New Management Over 200 She sald that her sister, Violet, and Carl Linton were also there and an argument took place between. Mrs. Lyons, who was going out for the evening, and Linton. "Carl sald he was going to min the children," she recalled, " Audrey said--No, you're not." Then, she sald, he took Audrey by the throat and made her go to her knees on the floor, : "My sister told nim he'd better she went on. © "A gem of understatement, I should think," His Lordship re- marked. . The witness sald that Linton then banged Violet's head against the wall and that she had to lie down when. she arrived home. Questioned further by Mr. Greer concerning the broken pane of glass she sald she had seen in the door of Lyons' house when she took a Jettery there from.the post-office on thesmorning of November 10, Lillian said that she: had heard about it the night before when she was at 'Mrs, Kyle's minding her two chil- dren The witness went on to" tell that Mrs, Lyons came in that night and sbout 15 minutes later Carl Linton came to the door' and she (Lillian) tried to stop him frcem coming in. He made his way in, however, and found Mrs. Lyons hiding behind a bedroom door, Don Linton then came and stayed with her while the other two went out, Asked what Don did, she said that he was drinking beer "and every place I'd go he'd follow me around." "I told him to go on and mind his own business," she added, .. Regarding an episode in which a E. J. POMERY AUCTIONEER 511 HOWARD AVE. ' MONUMENTS AND ' MAKERS! Large Stock To Choose From! Phone 501 Port Hope RUTTER GRANITE CO. 13 Ontario St. Port' Hope stop, that he was being too rough," by car had been sald to stop in front of the Lyons house, this witness said that Carl had come back in the house and told Don to "come. on out and get ready for a fight." Mrs. Lyons, she added, had said when the car appeared: "There's Cyril Hart, there's going to be a fight" : "Didn't Think of It" Asked why she had not told these things before last August when she had been interviewed at her home defence counsel, Miss Titus, said she "didn't think of it." *Did you make a statement to a man in this court house that you were going to upset this case, that you were going to free this man--or words to that effect?" Mr. Rigney "I don't remember that I did," she replied. "Will you please try to remem- ber?" Mr, Rigney continued. "Did you have any conversation here at this court house about evidence you Were going to give?" Yo. .The Crown read a statement given to the police by the witness a short time after the murder. In the statement, which Miss Titus veri- fied as it was being read she had told of going to mind Mrs, Kyle's children on the evening of Novem- ber 9. She had said, that Mrs, PEARL'S Oshawa's Leading Sportsweas Shoppe 33 Simcoe N. Phone 3518 FINE WATCH REPAIRING Our Specialty FELT BROS. Established 1886 12 SIMCOE ST. SOUTH PHONE 3820 for Rental Battery! ; Agents for Monarch Batteries WATCH REPAIRS J. CORNISH 20 BOND ST. W. Used Watches Wanted Brantford Roofin and Builders' Supplies McLAUGHLIN COAL & SUPPLIES, LIMITED Phone 1246 PRESCRIPTIONS Quickly and Accurately Filled MITCHELL'S Cars Bought and Sold Specializing in Motor Tune-up Genuine FORD PARTS AND SERVICE! Stock Room Ypstairs!. SR. 168 King W.--Phone 666 PHONES 2727w -- 2726 TENTS, Ji REPAIRED". RENOVATED Also Manufactured! TENTS RENTED PHONE 139M DeWilde & Penhale 160 KING ST. W. ELECTRIC $ have a large stock always on hand. WEST END BATTERY SERVICE 87 WARREN AVE. ONTARIO HARDWOOD FLOOR SANDERS o FLOORS LAID ® SANDED o FINISHED! ® OLD FLOORS REFINISHED All are Vacuum 1 PHONES 3434] - 4277) 51 Harmony RA. S. IE 5 LET US REPAIR THAT ELECTRIC STOVE! Our experts will have that Electric Stove repaired in Jig-Time. We have all the parts, Just give us a Call at Phone. 4600 MEAGHER'S klectric & Repair service 92 SIMCOE ST. N. REFRIGERATOR REPAIRS! Fast Guaranteed Repairs to All Makes! WE ARE AGENTS FOR Display Counters * @ Walk-in Boxes Reach-in Boxes Quick Freezérs @ "Authorized Gilson Dealer" BELL' 182 Simcoe St. S. k Coolers ashing Machines Refrigeration Sales & Service * Phone 2959W SEE OUR DISPLAY OF ELECTRIC FIXTURES .It you're looking for fixtures, see us first. We Many designs. WIRING REPAIRS e ELECTRIC RANGES © WASHING MACHINES & e OTHER APPLIANCES Alterations We have the Materials 12 BOND E. PITT'S ELECTRICAL AGENCIES OSHAWA HRD ® Sanded KINGSEON RD. E. WOOD FLOORS ©. Finished! .0ld Floors Made Like New! New Floors Made Like Glass! Estimates Free - Guaranteed Work! CECIL H. LEVY (Successor to B. W. Haynes) PHONE 161J4 THE TIMES-GAZETTE Thursday, Seplember 19, 1946 11 Lyons had come in about 10:30 and when she (Lillian) had tried to stop Carl Linton from coming in he had Following reference to the car driving up, she said that when she had 'tirst started to mind Mrs, Kyle's children, 1 gone out with . Mrs. Prank Stroud and Cyril Hart had been with them on occasions. COMPOSER GOES SOUTH 'The young Canadian ccaposer, Lou Applebaum, who has written many | scores for National Film Board productions, has left Ottawa for New York on a two- year's leave of absence to study a TW Sechugpe of writing film mu- BOTHA STATUE UNVEILED first prime minister, was unveiled here recently by his daughter, Mrs. Helen de Waal ALL OTHER CEMENT WORK HOUSE LIFTING See Us For a Good Job R. B. ABBOTT VACUUM CLEAN YOUR HEATING SYSTEM A Clean Furnace Saves Fuel. Repairs for all makes of Boilers & Stokers ED. THOMAS 111 ELGIN W., OSHAWA PHONE 3760-J e Not CLOWNING! 8 No Sir!... theres no fooling about us K at all, when we tell you the B. F. Good- 8 rich vulcanizing service can vulcanize our tires in 48 hours . . , or a famous URACAP service can reca your d tires in 96 hours. These services are designed to meet your tire needs in the dy midst of a grave shortage ... when the shortage is over then of course B. F. Good- § rich will be first with the best as always. § Call in today and consult us on your tire problems. CONVENIE NT TERMS -- Household Appliances -- | (PRESSURE COOKER - 17.50) | Special TOASTER solidly built, stan, dalighttul appears 3.95 GILCO Designed to Fit Your Hand , Introductory Offer CLEAR-VIEW TOASTER ON B.F Goodrich STO ; RES onsidered A Richard-Wilcox Rolltite Garage Door For YOUR Garage? Here is a space saving type of overhead garage door which is easy to operate, neat in appearance, and a source of satisfaction to every car owner. --T7 6" wide x 7" 0" high--generous size for any make of car and small trucks. --4 sections of four panels each, all solid panels--engineered to move up out of your way, and provide --18" headroom and weatherproof protection. 18" sidewall room requir. ed--will fit into almost every garage." --Hardware and fittings supplied complete to the last bolt and nut. No extras to buy. --Can be installed by any carpenter or handy man, No special tools needed. Come In and See Us About a Set of ' ROLLTITE Doors for YOUR * Garage TODAY CHRISTIAN'S Electric and Hardware OSHAWA