Oshawa Times (1958-), 24 Jan 1962, p. 14

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14 THE OSHAWA TIMES, Wed nesday, January 24, 1962 Court Dismisses Kendall's TORONTO (CP)--The Ontario Appeal Court deliberated only eight minutes Tuesday before unanimously dismissing the ap- peal of Arthur James Kendall, 51, against his conviction on a charge of capital murder. Kendall is to be hanged Feb. 14 for the murder of his wife, Helen, 33. The court returned its deci- sion without calling on W C. Bowman, director of public) prosecutions, for his arguments) supporting the conviction. Appeal Defence lawyer Charles Du- bin said Mr. Justice W. D.| Parker had misdirected the jury during his charge by omit- ing several defence arguments, Kendall was sentenced to be hanged for the murder Aug. 2, 1952, of his wife in their one- room cabin near Johnston's Harbor, in the Bruce Peninsula. Her body was never found. "She skinned out on me,' Kendall told neighbors after hi: wife disappeared. Last summer the case was jreopened after one of Kendall's lfive children told police a bi- zarre story which later led to Kendall's arrest. Parker, three of Kendall's chil- dren testified -- James, -who was 12 at the time of his awakened shortly after dawn by \their mother crying ,|bloody butcher's knife and some At the trial before Mr. Justice mother's disappearance, Mar- garet, then 10, and Anne, 8. The children told of being "Please Art. Don't!" Mr. Dubin, reading from. a transcript of the trial, said the children testified they saw their father dragging their mother from the cabin. Later, testi- mony from the children told how Kendall returned to the cabin, removed the sheets, a of Mrs. Kendall's clothing. MARRIED AGAIN -- Kendall subsequently married Mrs Beatrice Hogue of Wiarton, Ont., who also had five chil- dren. The court heard Mr. Dubin for 5% hours Tuesday and then said it did not feel it was neces- sary to call on Mr. Bowman for a reply. Mr. Justice R. E. Laidlaw said the verdict was unanimous. "We find the charge to the jury (by the trial judge) was complete and correct and there |was no room for misunderstand- ing or want of understanding." Kendall's attorney has not said whether an appeal will be made to the Supreme Court of Canada. EARLY START In Britain, some children be- gin school as early as two years of age, attending a nursery school or a nursery class in a primary school. Agent Testifies In Drug Hearing WINDSOR, Ont. (CP) -- Anjmoney and Simon is also undercover agent for the United} charged with trafficking in her- States Narcotics Bureau told ajoin, Supreme Court jury Tuesday| Attie testified he was intro- how he negotiated with two|duced to Simon by an informer Windsor area men to buy nar-|last May 1, The agent said Si- cotics and counterteit money. |mon told him he had a friend Agent James Attie is the key| who could sell Attie all the pure pea eoree at the trial : heroin he wanted. icholas Cicchini, 63, of Wind-! sor and John Simon Sr,, 58, of GETS SAMPLE nearby Belle River | A few days later, Attie war Cicchini and Simon Sr. aregiven a sample package 0! jointly charged with conspiring|white powder by Simon. An an- to traffic in heroin and conspir-jalyst with the federal govern ing to possess counterfiet cur-|ment's food and drug depart rency. Cicchini faces additional} ment testified earlier that the charges of trafficking in heroinjsample contained almost pure and possessing counterfeit'heroin. Attie said he met Cicchini May 9 and was offered a half- kilogram of herain for $5,000, He said that while he was dis- cussing the heroin purchase, he asked Cicchini for some samples of counterfiet money Simon had mentioned was for sale. Later Cicchini gave him two bills which were described in earlier evidence as being bogus $50 federal reserve notes. Attie said he was told he could buy $100,000 in bogus money for $10,000 in good cur- rency. Attie testified he purchased a half - kilo of heroin from Cic- chini in a Windso: house May 11, While in the house, Attie was introduced to Mrs, Rena Wilson. Mrs. Wilson, a Crown witness for this trial, has beer tharged with possessing heroir 'or the purpose of trafficking Attie said he asked Cicchin' whether he could meet the. per- son who supplied Cicchini with heroin and was told "you'll never meet them." RC Priest Won't Cross Strike Line TORONTO (CP) -- A Roman Catholic priest has declined an invitation to say grace at a din- ner Feb. 1 in aia of crippled children at the strike bound Royal York Hotel Many sports celebrities will be attending the $29-a-plate din- ner, organized by the Ontario Sportswriters and Sportscasters Association. During the last 10 years the annual function has raised $208,000 for the Ontario Society for Crippled Children. Rev. John Crow.ey, former coach of the Toronto St. Mich- ael's College hockey team and now a teacher in Sudbury, said he understood it was the wish of Most Rev. Philip Pocock, Ro- man Catholic Coadjutor Arch- bishop of Toronto, that priests should not risk embarrassment to the church by crossing picket nes, | Archbishop Pocock could not |be reached for comment. About three weeks ago Father Crowley tentatively accepted the invitation. The association has asked a clergyman of another denomin- ation to say the prayer, a func- tion norma'ly carried out by jclergymen ot various denomin- ations on a rotating basis. | FINNS ARRIVE MOSCOW (Reuters) -- A Fin- nish military delegation arrived here Tuesday for what was de- scribed by a Finnish embassy pokesman as commercial nego- tiations with Russia. LOBLAW PRESIDENT MR, G. C. METCALF PRODUCE FEATURES! PRESIDENT'S SPECIAL ! CALIFORNIA'S FINEST! JUICY, HONEY SWEET! SEEDLESS NAVEL CRANGES PRESIDENT'S SPECIAL! GARDEN FRESH! No 1 GRADE! TENDER, GREEN! NEW CABBAGE .:::. SIZE HEADS PRESIDENT'S SPECIAL! cnoice HaLves PRESIDENT'S SPECIAL! GARDEN FRESH! No. 1 GRADE! 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