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

mem WHITBY AND DISTRICT NEWS roxm 4 THE DAILY TIMES-GAZETTE, Wednesday, December 16, OFFICERS OF NEW LODGE IN WHITBY A new fraternal optamizatio in Whitby is Whitby pter No. 341, Canadian Woodmen of the World. Diebping in on Monday evening at the Masonic Hall prev- ious to a meeting the Times-Gaz- ette camerman took. this fine groups of officers who are, left to t, front row, sitting--Ernest Schwoegler, Wanda atterson, | Barbara Henning, Verna Patter- son and Rolf Donath; standing, left to right -- Earl Patterson, Gerry Hewson, Wayne Lehman, " Clarence Hewson and Jimmy Nicholls. Photo, Scott Studio, Whitby. Principles of common law in everyday applications in criminal law were explained in a very able and interesting manner by His Hon- or Judge John E. Pritchard, re- cently inducted judge of the Coun- ty Court of the County of Ontario, addressing Whithy tary Club Tuesday at Hotel yal It was His Honor's first address a public gathering outside of the Swearing - in ceremony on Satur- day and it was well received by his fellow Rotarians, for he has been a member of the Leaside ub. ALL LAW ADMINISTRATORS Introduced by Rotarian David Cuddy, QC, Judge Pritchard first stated that the opinion was all too prevalent fhat the administration of law was the sole prerogative of judges and lawyers, whereas, he said, it was the function of all citi- zens. His Honor noted that too few were interested in what happened to those convicted of criminal of- fenses and paid their debt to so- ciety in prison, or the Underlying rin of the law under whic] y were convicted. DEFINES COMMON LAW Judge Pritchard said that com- mon law means these maxim prin- ciples and forms of judicial pro- ceedings which have no written law to prescribe or warrant them, but which, founded on the law of Wage Dispute Taken From Police Court To Division Magistrate F. S. Ebbs has been asked to settle a dispute between a garage operator Picke! Townshop and a 17-year-old you who is claim wages for the week's work. Sidney Ballick, RR 8 Pickering, was the complainant in a case in which he asked wages of dry, proprie- Rouge Hills. Landry claimed that he had paid Ballick a total of $41 but that actually Ballick had earned only $27 for 149 hours work. After hear- ing evidence for both sides, the Fairport of this year when the accused Lan- dry approached him asking for as- sistance at the gar total of $32.50. He said that the ac- cused had refused to pay him the remainder of his wages, which he set at $117 after he left him on December 2. CLAIMS OWE $19.86 Lan took the stand and denied that he told the complainant that he would earn more than he would at the construction job. He claimed that he had to pay Ballick a percentage of the labour charges. He stated that the amount usually pila was 43 per cent of one-half the . He stated that in two weeks, his garage had taken in only $128 in labour charges. Of this amount, he said, the accused should have received $27 and he had in fact pad him $41, an amount not es- blished by receipt. He claimed that the accused was overpaid to HO tagisirate Ebb red t ate I] ama 0 learn that al h bird accused did not deny that Ballick had put in all these hours, only had been earned by the garage. He wonder- ed what the men had been doing at His Worship adjourned court for that the two a settlement. , no settle men wqs reached and Mr. Boysivn asked that the charge be drawn, without prejudice, and later brought to Division Court. His Wor- Christ- ¥ , of Haw- stone, Sppeared before Magistrate F. 8S. Ebbs, in the Whitby Police Court, on Tuesday, to answer the charges. Part of the evidence was he and the case was ad- journed until January 12th for the defence. Constable Grant Thompson, of the Pickering Township Police De- partment, told the Court that he and Constable Daniels had been proceeding north on Harwood Ave., Ajax, on the night of November 28th when they saw a car ap- proaching from the east along Highway 2. He stated that they stopped for the sign and allowed the car to proceed west of the intersection. The cruiser then pro- ceeded out onto the highway and found that the car had stopped on the south side of the highway a W. C. Town & Sons FRIGIDAIRE AUTHORIZED DEALER WHITBY PHONE 410 to give each of the constables $10 to forget the incident. Constable Charles Daniels, who had been with Thompson, gave a similar account of the incident. Constable Barton, of the Whitby Detachment of the OPP, who had been called to investigate accident, also gave evidence that the accused appeared intoxicated. The case was adjourned until next month. Sentence Brothers On Assault Count Two brothers from Ajax, con- victed of assaulting police officers and creating a disturbance, have been sentenced by Magistrate F. S. Ebbs. Walter Kellog was sent to the County Gaol for two months on the first offence and fined $10 and costs on the second. His brother Laverne Kellogg, was fined $40 and WHITBY PHONE 618 BROC fon ogi Tehwizoloud Mary O'Hara's SON OF FLICKA Evening Shows 7 p.m. Last Complete Show 8:20 WHITBY DAY BY DAY Accounts of social events and news items of local interest and names of visitors are ap- preciated. PHONE 708 EASTERN STAR MEETING On December the regular meet- ing of Whitby Chapter No. 248 OES, was held in Masonic temple, with good attendance of officers and members. At the conclusion of the meet the annual Christmas party was held with members and and visitors enjoying a social eve- ning of cards: draw for the quit was made by Mrs. Elsie se, WM, and the winner and . Anna Patternson, with ticket No. 0605. A lunch was served by Mrs. T.homas and her committee. costs on the first count and fined $10 and costs on the second. Sen- tence was passed yesterday in the Whitby Police Court, one week af- ter evidence was taken. The two were charged following a row in Matt's Grill, Ajax, in which Constables Grant Thompson, Rob- ert Masters and Charles Daniels, of the Pickering owns Police Department, c| that had encountered the two and had sub; to considerable trouble in them into custody. In passing sentence on Walter Kellogg, His Worship noted that he d a previous record, including same t; of offence. It was because of that he received the stiffer sentence. Whitby Classified APARTMENT FOR RENT tained 3-room apartment, elose terminal. Available January 1. 2503 after 6. "CON- to bus Phone (293¢) WANTED --- LADY position as housekeeper- companion with light duties. Available first January. Phone 2368. (293¢ FOR SALE -- NATIONAL ELECTRIC Hawalian guitar, $125. Less than half the original price. Phone 883. (293¢c) CUSTOM BUILT FLOORS, LINOLEUM, rubber, mastic tiles, also inlaid Hno- Free esti- leum, also plastic wall tile. mates. Phone 2315. (Jan16) WANTED -- ROOM AND BOARD FOR one total non- smoker. Write Box 430, Times-Gazette, Whitby. (293¢ TWO LIGHT HOUSEKEEPING ROOMS, for small family or elderly couple. 517 Brook North, Whitby. FOR SALE-C HR 18 TM AS TREES, Scotch Pine, 5 and 6 feet, $1.50. For free delivery phone 419. (Dec23) FOR SALE -- CHRISTMAS TREES, Scotch Pine, 5 and 6 feet, $1.50. For free home delivery, phone 419. (Dec23) CHRISTMAS TREES FOR SALE, BY ST. ; | sal, z= Face Serious '| Liquor Charges nature, and the dictates of reason, have by usage and custom, become interwoven with the written laws, and by such incorporation form a part of the municipal code of each from the loose and erratic habits of savage life to civilization, order and a government of law. His Hon- or further pointed out that while common law imposes certain re- strictions upon the court they also Provide a certain elasticity to the aw, and, further, that the Crimin- al code defines the offense and pre- scribes the penalty, but the pro- cedure by which accused is con- victed is not prescribed by statute but is the result of the common law Jsage. His Honor defined these prin- ciples of common law in their ap- plication in criminal prosecutions. (1) The accused can only be con- victed on properly admissible evi- dence. (2) The accused is innocent until proven guilty. (3) The accus- doubt. (4) The accused cannot twice be put in jeopardy for the same offense. OBTAINING EVIDENCE Judge Pritchard pointed out that the courts always examine care- fully the circumstances under which statements are obtained by police officers from persons charg- ed with criminal offenses. Police Whitby to |him th state or nation which has emerged ed is entitled to every reasonable | iis Judge Is Speaker At Whitby Rotary Club officers are required, said His Hon- or, to exercise real, hard skilful work in obtaining proper evidence and, on this account, he believed that they should be properly com- pensated. He noted among other things that a police officer seeking to obtain information against an accused person is required to warn at he is not obliged to make statement, but that if he does, it may be used in evidence against him, He further pointed out that all statements obtained by the po- lice from an ace rson are not automatically admitted. In all cases circumstances vary so great. ly that it is often difficult a rule on the admissibility of evidence. court to MUST PROVE GUILT Judge Pritchard, touching on the principle that an accused person is considered innocent until proven guilty, Joined out that this did not hold in the case of persons found in the possession of narco- tics, for such a person must prove that these were legally in his pos- session. In other words, the onus was on him to prove that he is innocent. The same applied in con- nection with sections of the Liquor Control Act, where the person found with liquor in his possession must prove that such possession was legal. ' PERSONAL APPLICATION Judge Pritchard said to the Ro- tarians, whom, he noted might have already or might in future serve as jurors: "If in your wis- dom you say that you are goin, to abolish these principles, whic is your right and privilege, remem- ber that you yourself may some gay wish to take advantage of em." Judge Pritchard in closing quoted Viscount Sankey, Lord Chancellor of England, in a case before him in 1935, entitled "Maxwell vs. the Director of Public Prosecutions, as saying: It must be remembered that the whole policy of English Criminal Law has been to see that as against the prisoner every rule in his favor is observed and that no rule is broken so as to prej- udice the chance of the jury fairly trying the true issues. The sanction for the observance of the rules of evidence in criminal cases is that, if they are broken in any case, the conviction may be Juashed. It is often better that one guilty man should escape than that the general rules evolved by the dictates of justice for the conduct of criminal prosecution should be disregarded and discredited. The vote of thanks to Judge Prit- chard was ably moved by Past District Governor Stan Everson, of Oshawa, and tendered by President Francis McIntyre who added his personal thanks and appreciation. Rjax Driver Is A blood test has tripped up one Ajax motorist who will spend seven days in the county jail. Al- though Jos. L. O'Halloran, of Ajax, claimed that he had only one bottle of beer and a drink of whis- key, a blood test showed that he had 1.7 parts of alcohol per thou- sand in his blood stream. This was taken by Magistrate F. S. |Ebbs to indicate intoxication and | O'Halloran was ordered to jail for |seven days on a drunk driving | charge. case was heard in the Whitby Police Court on Tuesday. Constable Richardson, of the Whitby Detachment of the OPP, told the Court that at 11:40 p.m. December 5th, he wag patrolling west of Whitby on Highway 2 when he caught up to a half-ton truck zig-zagging along the road. He said {that he finally was able to draw | up beside the truck which suddenly i stalled in the middle of the road. | O'Halloran, he said, was the driver and gave indications of be- intoxicated. The accused, he asked for a blood test which indicated 1.7. Blood Test Shows 1.7 Jailed Corp. Jack Scott, of the same pol- ice department, told the court that he had also been proceeding west some distance behind the cruiser driven by Richardson and noticed that something was holding traffic up. He investigated and found the accused and helped him out of the truck. The accused he said, was "definetely drunk.' O'Halloran denied, in his defence, that he was intoxicated. He claim- ed that he had only consumed one bottle of beer and one shot of whiskey. Crown Attorney Alex Hall, QC, pointed out that accord- ing to the mathematical calcula- tions available, he had contained, at the time of the test, about eight ounces of store liquor or about six bottles of beer. His Worship abserved that it had been accepted in most courts that a count of 1.5 indicated intoxica- tion. The d was therefore convicted and sentenced to the minimum, seven days in jail. His vehicle is impounded for three months and his driver's licence suspended for a similar period. Man Charged Li pnd of the Whithy, Police ourt saw something n_yes- terday which, said one official lat- er, had never been witnessed in that court before. The owner of a Whitby furniture store provided J bail for one of the men charged with theft from that store. Three men, John Ben, Steve Youney and Augustine Grey, all of Toronto, ; 1 before Magistrate F. , = Owner Goes Bail For With Theft Ebbs for a remand until January 13 on charges of theft from Strowger's Furniture Store, Whitby. As bail of $1,000 was Bids § Stanley Strowger stepped forward as a bondsman for Augustine Grey. The three men were charged Sat- urday ht after Toronto Police stopped ir car in Toronto. They are charged with the theft of ra- dios, dolls to a value exceeding $25. Three immigrants, two livifig in Whitby and one in Pickering Town- ship, will be required to answer - | serious charges in the Whitby " | Police Court next month when an interpreter will be called in. Joseph eommercial refrigeration. Ace Refrigeration Sales ond Service -- Phone 3-2452 (Jand) HOME and INCOME New brick bungalow, duplex, two self-contained suites of five rooms and bath each, oil and hot water heating, sépar- ate meters and hot water 9 tanks. Nice lot with shade trees. A real investment at $18,000, one-third cash down, northwest section. Diol 804 Whitby. REAL ESTATE WANTED Houses, farms, building lots ond business property wanted, I= im Whitby, for clients. W. McAULEY REAL ESTATE BROKER DIAL 804 WHITBY V huren, of Pickering, has been charged with selling liquor and Harry Van de Wiel and Antoon Janssen, 1721 Brock Street S., Whit- are charged with having liquor gally. Part of the evidence in the case was heard in the Whitby Police Court on Tuesday but Mag- istrate F. S. Ebbs adjourned the hearing until January 12th in order that an interpreter can be present for the defense. Constable Kitchen, of the Ajax Police Department, told the Court WHITBY MIXED BOWLING LEAGUE Buzzards, Dragnets and CFC's took seven points each from Tar- tans, CPO's and Cubs. Saints, Roc- kets, Three B's and Blowers jook five points each, County Bow! four Joints, Sabre Jets three points and 'omato Kings, Spitfires, Whippers and Stokers took two points each. Bowlers 600 and over, Lloyd Sab- ins 812 @84, 267, 261); Leslie Reed 782 257, 256, 219); Bill Fisher 688 (264, 233); Bill Mowatt 680 (278, 227); Reg. Bryant 664 (273, 213); 57 (251, 241); Mar- Hazel Moore tin Jordan 645 (263); Clara Watts 643 (261, 234); Keith King 40 (255, 210); Bill Potts 634 (262, HH Baden Switzer 627 (223, 208); Fred | BOWLING (Continued on Page 18) that on the evening of D b 13th he~had visited a dance in Ajax and had seen two men pro- ceeding to a parked car. On search- ing the car, he said, he found a bottle of liquor under the front seat, which, he testified, Van de Wiel and Janssen, the two men, both claimed they had purchased from Vanschuren. They had stated at that time, he continued, that they had paid $1.95 each for it and later denied having paid for it, Constable Hedlun also testified that the two had admitted buying the liquor from Vanchuren and had brought to the station, had claimed they had purchased the liquor from Vanschuren. Later, he said, they changed their story and stated that they got the liquor from Vanschuren but had not paid for it. Van de Wiel took the stand and stated that he at no time had ad- mitted buying the liquor. His WorsHip, noting that these were charges. which could have rather serious consequences, or- dered the case adjourned until Jan- later denied paying for it. Chief Traves was called to the stand] and stated that the two, when | uary 12th in order that an inter- preter might be on hand for the defense ' Fire Chief Warns of Danger In The Use of Christmas Decorations Fire Chief Bruce Corner has is- | avoid fire, with its possible loss sued his annual appeal to the citi- |of lives and property, every care ms of Whitby to guard against should be taken in the ha of danger of from Christmas | Christmas trees and decorations. trees, candles and Christmas decor- | Citiz2ns are asked to see that-- ations generally, wig. Wiring used in tree lighting is not time of the year. * defective. even to the slightest degree," Exercise the greatest care in the fire chief, "might result placiss decorations around electric tri ody. In a message appea ures. ~ adver ment form today the Fire | says: Citizens of the Town of Whitby | are reminded that in order to Do not leave Christmas wrapp paper around where it might cate! ire. If possible gather up and burn fences, etc., and watch while ¥ is being burned. Keep children away from Christ mas , especially when d that are left RT A from Christrfias trees Please observe the other safety regulations for a safe and merry hristmas. outside away from buildings, SEE THE NEW CHEVROLET AT 000 INDO 000000000000000000000000000000000000000000000030000000000000000s8000000Y A CHEVROLET p Your Chevrolet Dealers i eve PI eeBRRARCP RN N00RPIIRGRES