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WHITBY And DISTRICT WEPT IN MOTHER'S ARMS Pacey Is Acquitted On Charge Of Rape Cameron Pacey, tende Columbus father rhe two, was|four days of her son's trial. Monday acquitted on a charge) In his charge to the jury M of raping a 16-year-old Toronto|day morning, Mr, Justice High School girl, in Pickering Morand told its members Township last Oct. 6. The 11 men and one womanjdicts, guilty not -- guilty, 23-year-oldjcused's brothers, attended all could return one of three ver-| Ge as|guilty of rape. |by Mr. Grosman. The other, |point the defence counsel ob-| on-|jected to was the inclusion of a! D. R.|possible verdict of guilty or: they}common assault should the jury decide the accused was. not on the jury to decide Pacey's|charged, or guilty of COMMON) FURY'S RESPONSIBILITIES fate deliberated two hours and|assault. 36 minutes before returning its) mo 2 sot guilty verdict. | JURY RECALLED The acquittal climaxed four| His Lordship days of examination of 17 Crown|shortly @ witnesses by Crown Attorney W.|@-™. Bruce Affleck and cross-exam-|given b ination by Defence Brian A, Grosman, of Toronto. |way 401, offence. NO DEFENCE CALLED | ; | to recharge it on evidence) y two Crown gt ee 'ounsel| who picked the girl up on High-| course. rg following the alleged | His Lordship pointed out the, jury must in trying a rape case! recalled the jury)first decide whether the accused) fter it retired at 11.42)!s the husband of the complain-' ant, then must determine wheth-| there was sexual _ inter- Then, he said, a jury must find if intercourse took place Mr. Justice Morand told the;whether it took place with or Mr. Grosman called no de- jury statements given by Walter! without the consent of the com- fence during the four-day trial.|Wakulowsky and Oleh Sandul, piainant. -If intercourse -- took Pacey, who showed little or|both of Toronto, in which the|place with the consent of the no emotion during the four days|court was told the girl stopped'complainant, Mr: Justice Mor- he sat silent in the prisoner's|them on the highway crying "I jand: said, the jury must then) dock, listening to the witnesses was raped, I was raped", was) acquit the accused. testify, thanked the jury for its|)NOT evidence of proof of the! findings when the foreman an- fact. nounced the verdict. How this evidence should be) His Lordship said if the jury found intercourse took place! As he left the courtroom, he|considerd by the jury was one| Without the consent of the com-| sobbed in his mother's arms.|of two objections to His Lord-|plainant, it was rape and it may! Mrs. Pacey, with one of the ac-'ship's charge to the jury voiced\convict, He added if the jury| {found the accused struck the |complainant, it may find he was! rink made good Saturday in its first bid to capture the Mc- Teague Electric Limited Mix- ed Open Bonsspiel Trophy at Whitby Curling Club. OSHAWA RINK CAPTURES McTEAGUE 'SPIEL TROPHY Granik's rink claimed three wins for a total of 47 points in Saturday's 'spiel. Twenty- four rinks from Oshawa, Scar- borough, Toronto, Uxbridge and Whitby took part in the An Oshawa Curling Club Bert day-long bonspiel. Above, Skip Granik, third from left, is shown accepting the Mc- Teague Trophy from Jim Mc- Teague, president of Mc- THE OSHAWA TIMES, Tuesdey, January 22,1963 § Suspend Youth's Licence For Dangerous Driving Mr. Justice D. R, Moraad Monday sentenced an Oshawa youth to two weeks in the On- tario County Jail, fined him $100 and suspended his licence for a period of three years, when he pleaded guilty to a charge of dangerous driving. Raymond Ross Essery, 16, of 293 Pacific avenue, pleaded guilty to the charge. He had been charged originally with criminal negligence causing death, The charge resulted from an accident on Mill street, Oshawa, last Oct. 20, in which Charles Denzil Robertson, 20, of 471 Sim- coe street south, drowned after the car in which he was a pas- his bloodstream at 12.24 a.m.,- when the accident occurred. ~ Defeace Counsel Terence Vy. Kelly called three witnesses to' testify to the character of the accused, 5 The boy's father, Howard D. Essery, told the court his son was a twin and has been in a- nervous condition ever since the' accident, He said his son 'was, indeed sorry" about what hap-» pened and he has never had aay! previous. trouble with the boy» and never before the acicdent. did his son ever come into the. house under the influence of alcohol. m Witness John Hurst, who opers* i ates a general store in the ac-. senger crashed into Oshawalcused's neighborhood said the: Creek, reputation of the boy and his. Oshawa City Police Coastable|family in the neighborhood: Kenneth Ostler told the court ; "couldn't be better'. ; the car, driven by the accused) Witness Donald H, Fawcett, a? went out of control near a Mill I former employer of the accused' street bridge, spanning Oshawa)said the boy was one he would: Creek, mounted a curb on thejlike to have working for him' north side of. the street, travel-/full time in his garage when he led 119 feet before colliding withjis a few years older. a hydro pole. Mr. Fawcett said the accused The hydro pole, Constable Teague Electric. Looking on are, left to right, Dorothy | Day, lead, Evelyn Granik, | vice and Roy Day, second. awa Times Photo | | lous, we have the Act and there is no need for the Code." | \ le} worked for him on a part time Ostler said was snapped off in|basis for three-and-a-half years three sections. The vehicle, he and he found him to be "the added, travelled another 10 feet 1 de agen sa e o very best kind of worker", and snapped off a six-inch ceder ia i" post guard rail, travelled an- Mr. Kelly said looking at the accused, it i other six feet and snapped off poo vi sh pears pepe pdt: a second six-inch cedar p0st/naq bees drinking in the Cadil- guard rail. lac Hotel, He said he realized The vehicle then slid off a re-|His Lordship must take two or taining wall and came to rest in|three factors into consideration when he passed sentence, Councillor Bevan said thatjabout eight inches of water on)" "in 0.) "factors Mr. WHITBY SPORTS 3.072" PARADE By GERRY BLAIR DUNLOPS GAIN FOURTH WIN Whitby Dunlops terminated another lengthy winless streak by claiming a convincing 6-2 triumph on Sunday afternoon against Knob Hill Farms. Prior to this victory, Dunlops had participated in eight games without success, except for a 6-6 stalemate with Oshawa Generals December 23. Even though their chances of securing a play- off berth are slim, Whitby Dunlops apparently have not written themselves into.the record books as also- rans. Sunday's win was their most significant of their four 'two-pointeds this season, in that they accom- plished it with a tremendous third-period rally. In past performances, that final 20 minute seg- ment has proved disastrous. On Friday night, when it seemed likely that Dunlops would win their first game from Oshawa this season in Whitby as they held a 6-5 edge, early in the third, Generals then tightened defences, and went on to capture the verdict. But Sunday's story was entirely different. Bill Collins and company romped to the decision with fiye goals to Knob Hill's single counter in the final frame. The reunion of team captain Bill Smith and one of the league's better centres, Bill Collins, was re- sponsible for Whitby's Sunday victory. Collins, sidelined for nearly two months, appears to be hitting his stride with great individual perform- ances on Friday, and again Sunday. He was a standout in defeat Friday with three goals and one assist, while Sunday he scored once and assisted on another pair. Smith also has ,improv- ed with the return of his familiar sidekick Collins. Friday he fired a goal, and drew two assists, and Sunday, paced Dunlops with a pair of markers and a like number of assists. Bob Everett, Whitby minor graduate moved in alongside Smith and Collins in the right wing posi- tion, and kept pace with the two veterans by scoring two goals and was responsible for setting up Collins with Whitby's second goal early in the third frame. BRAMPTON HERE TONIGHT While aiding their own cause with the victory over fourth-place Knob Hillers, Dunlops also increas- ed Oshawo's faint hopes of a playoff berth. Another club which stands in Whitby's way at the moment is Brampton Seven-Ups, in town tonight for an encounter at the Community Arena at 8:30 p.m. OSHAWA SKI CLUB ARRANGES BUS TRIPS TOWN AND COUNTRY .. . Other Metro Jun- ior "A" action tonight finds Knob Hill Farms with an unpleasant task of meeting league-leading Neil Mc- Neil Maroons, and Oshawa Generals against Marl- boros . . , Bowmanville Pic-O-Mats dropped two im- portant clashes with Schomberg in Metro Jr. "B" league play on Friday and Sunday. Schomberg is the club that Bowmanville must dislodge from the fourth and final play-off berth. A couple of victories instead of the losses would have aided considerably . . . Osh- awa Ski Club has a tremendous program for enthusi- asts of all ages at Kirby. The club's executive has made arrangements with DeNure Bus Lines from Port Perry for special trips on Saturdays and Sundays for youngsters. On Saturday's a bus leaves at 9:20 a.m. from Memorial Park in Oshawa, and moving up north on Simcoe street, stops at approximately 9:30 at Dr. Phillips Public School. It returns from the Ski Club at 12:30 p.m. On Sunday, a bus trip for Juniors only departs from the same locations at 11:00 a.m. and 11:10 a.m. respectively, returning around 4 p.m, Anyone wishing information on these bus trips, or other club activities may do so by dialing Oshawa, 728-3471, any time of the day or night. It is a special recording constructed with considerable information __about the Oshawa club . . . jeause of death of Mrs. Mildred) Smith, 42, of 87 Sylvio avenue, |Searborough. PRB one * | : S "ie | Mrs. i husband, |the right and apply the brakes|0n any township regulations in-| Mrs. Smith and her husband, ona that was all he could te-\volving the Telephone Company | When the jury returned with jits verdict at 2.22 p.m., His |Lordship told its members they| jhad had an oneroug task and/ jcould now find themselves in a} position where having done their duty, they could leave the jcourtroom with a clear con- science, "you have had a narrow es- |cape. This was a case which| |could have gone either way, but| Last Round Fought? ing. The bylaws and applications|that kind, we would be policing committee brought in the Code,jour own Code of Ethics, sponsored by Councillor George} "I will not stand up against you have been found not guilty/Reyan, for 'a third and finallany officer or councillor of the by a jury of your peers. You/readineg. moved that council go into com-| Davidson said. are now free to go." Unable to raise bail, Pacey|mittee - remained in custody in the On-|the bylaw. tario County Jail since his ar-| Councillor William Davidson|York City and that a board|Code which was not already in \said he disagreed with a claus€/had been set up to investigate] the or bat ipcal cltisens woul rest last Oct. 7. Councillor Bevan) Town Whitby," of of - the-whole to discuss) said in New | Councillor . Bevan the Code was used jand answer any enquiries, He added: "This last few flurry regarding the restric- tions and severity of the recent amendment to the Municipal 'Due To Accident "i '*" | dental death in determining the) Everett Bertram Smith, 37,| \died as a result of a two-car,)member, He added, head-on collision on Highway|hat he. thought the approach-| south of|img car was trying to pass an-|telephone shares. He states the ther northbound vehicle. 12, about a_ mile | Myrtle, Dec. 23. The couple was) ® believed to have been deliver- ing Christmas presents to Black-| stock at the time. The four male and one fe- male jurists, after 26 minutes deliberation, said Mrs. Smith idied as the result of severe) head injuries, which resulted) when she lost control of the| vehicle she was driving, be-| cause of snow on the road, \causing a two-car head-on colli-|° | sion. | Dr, R. M..Clarke, Oshawa |General Hospital pathologist, | told the inquiry Mrs. Smith died as the result of multiple skull 'fractures which caused brain lacerations, He added the/ jvictim suffered multiple frac- jtures of the spine. | \Witness Gary Lowell, 630 Les |Perance avenue, Tecumseh, said he was travelling north on| |Highway 12, enroute to Myrtle! on the night in question, | The witness said the eet bound vehicle he was following! went onto the east shoulder of the road and when the driver) tried to bring it back onto the highway, she apparently lost} control and crossed into the| southbound lane into the path of! a southbound vehicle. | According to Mr. Lovell,| snow was blowing across oa \ | highway at the time of the acci- dent. He said he went to the car) and saw a woman lying on the front seat. The witness said he could not see any breathing by the woman He said he then saw a man lying face down in a snow bank! beside the car. The man, Mr.| Lovell said, seemed to have trouble breathing so he cleared! {the snow away from his face. | Mr. Smith died shortly after! admission to Oshawa General! Hospital. Mrs. Lowell, a passenger in) | Brock Whithy Academy Award Winner! REGULAR PRICES Best Actor! FOR THIS Mi Schev ENGAGEMENT Now Playing -- One Complete Show Each Evening at 7:30 faximitian Best Screenplay! Abby Mann SIMMLET TRIBE pre Spencer Tracy Bert Lancaster Richard Widmari Feoture Shown Once Eech Eevning Starting at 7:50 p.m jher husband's car, said the} 'driver "seemed to be trying to} get control of the vehicle when| lit skidded into the southbound) vehicle." | Witness John Frederick} Schuerman, of Thornton's road/ north, RR 3, Oshawa, told the! Used SKATES| 1.97 Pair Plus Your Exchange Sportsman's Corner 103 BYRON ST. S. 668-4511 One block west of 4 Corners, turn south. the two vehicles were 32 feet! apart, Both cars, he said, were/no personal interest in the tete- total wrecks. He said he was|phone business required by his junable to determine the point of| township. was snow covered. "Our own town solicitor spent | An Ontario County Coroner's jury he was returning from|time in obtaining a specific|jaw, "Any litigation would be Jury Monday night ruled acci-|Orillia when he noticed a car without headlights on coming at him at a distance of about 60/Coke. feet away. D jruling on the Act, On Jan, 18, 1963, Reeve MacBeth, of Etobi- | was advised by - the eputy Minister of Municipal He said he tried to pull to|Affairs that if the Reeve votes however, he is liable to disqualification, because .he is. the owner jnew 'Conflict of Interest clause' OPP Constable Ray Goodwin) is ridiculous, I think he states it said the accident occurred at|very mildly -- it is the height of! 4.3, 3 p.m. and when he arrived/absurdity. "In the Reeve"s case, he has I am sure that if a similar case occurred in Whitby, and our proposed Coun- A. Patterson, of Osh-|cil Committee on Ethics was in because the highway| Dr. J. wa, an Ontario Courty Coron-leffect, a sensible ruling would ' , presided over the inquest. 'be made, and there would be no In Ethics Code Battle What may have been the lastjwhich specified that anyone disqualification or disposal of} round in the battle for a Code of|who violated any stipulations 9f| shares. Ethics for Whitby was fought atithe Code would be judged by To Pacey, His Lordship said,|\fonday's Town Council meet-|council as a whole. He said, "I)ed out to Councillor Bevan the|said Councillor Bevan. 'cannot agree with procedure of|Municipal Act would override Reeve Everett Quantrill point lthe code. "The act is ridiculous," stated|torted. {Councillor Bevan. | "I think the Code and lin giving advice," said Council that/lor Desmond Newman. He add- the jed there was nothing in had tmmediate course if there was feel they re |cipal administration. Councillor Paul Coath remind | |paramount and that nothing jcould be done to overrule the decided by the magistrate in the light of the Municipal Act," he stated. Councillor Coath quoted Muni- cipal Affairs Minister J, W. Spooner's statement 'There is no sense ina Code of Ethics." He said he did not,agree with Councillor Davidson's remarks but would rather see further clarification of the act. Deputy-reeve George Brooks said there was no point in draw- jing up laws\that did not have any teeth in them. He argued it would be easy enough to make laws up but not so easy to en- force them. "It seems very foolish to set up a board to police ourselves," remarked Councillor Harold : 3 a Councillor) Board of Ethics would be helpful | anything jmonths there has been quite a/which disturbed them in muni- J ury Rules Death | ed council that! the legislature is} Slichter, "it just seems ridicu- recent scandals in Ontario municipalities had brought about a change in the Act which jmade things worse. | Deputy-reeve Brooks pointed) jout that the Code may be need- ed in New York City, but, it was) jnot needed in the Province of Ontario. | -| "Then it is a lot of stupidity,"| "Then change the ment," Deputy-reeve Brooks re | Mayor Stanley Martin said that when he took office he took an oath which covered the -\things stated in the Code. He told Councillor Bevan he did not need a Code of Ethics to tell him when there was a conflict of interest. *| Mayor Martin asked Council- lor Bevan, "do we- have to have everything' spelled out for jus like that? Are we to be herded about like sheep? Are intelligent people to be treated like that?" Councillor Newman said the Code only gave guidlines of con- duct and that it was only a local source which. did not super- cede the Act. He added there was a clear need for it be- cause of lack of definition in the Act, Councillor Coath moved that the bylaw be referred back to the bylaws and _ applications committee. The motion carried. TOO MANY COMPETE BRIXHAM, England (CP) -- West country fishermen are ap- the west side of the creek, Con- stable Ostler said, He pointed out the vehicle came to rest 171 feet west of the point where it first mounted the curb, According to the officer, the accused had attended a stag at Dnipro Hall in Oshawa, where he drank intoxicating beverages, then went to the Cadillac Hotel |where he drank beer, returned govern-ito Dnipro Hall where he con- "lsumed more intoxicating bev- then returned to the Cadillac Hotel where he again drank beer, prior to the acci- erages dent. accident. of the accident. in three inches of water. He added there were no-signs of life stated he had drowned. Kelly Constable Ostler said his in- vestigation revealed the vehicle 'bad been driven along the wrong side of the road prior to the The officer said four persons were in the vehicle at the time He said he found the deceased with part of his legs visible in the back seat, lying on bis back with his head said, were the conduct of the boy, reformation and punish- ment which would have a de- terrent effect. But, Mr. Kelly said, there are the facts the boy had been drinking in a beverage room when he was obviously under age and he felt society "cer- tainly owes something to pre- vent young boys from drinking in beverage rooms". Mr. Justice Morand told the accused the accident resulted in' the death of one of his friends and pointed out at his age he should not be drinking and cer- tainly not more than a couple of drinks. "Youth," His Lordship said, "must remember it is they who must make the decision when it comes to taking a drink." He jadded Essery should not have drank as much as he did, nor should he have taken a drink at all, "If it were not for your friends and family standing be- when he found Robertson and) wouig According to the witness, the alcoholic beverage. Crown Attorney W. Bruce Affleck told the court a blood test taken at 2.30 a.m., showed 1.2 parts per thousand of alco-| hol in the bloodstream. He said| at the normal rate of dissipa- tion, the accused would have bad 1.5 parts per thousand in pealing to the government for a ban on foreign vessels fishing) within 12 miles of. the British coast. They say it now is al- most impossible for small boat owners to make a_living-- mainly because foreign-owned trawlers are "fishing out" the waters. FREE Have your furnace cleaned free and guaranteed trouble-free all winter, if you purchase 'White ous unified fuel oil from Western i! Co. DIAL 725-1212 impose would a than a Mr, é g to vite lorand told Essery. 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