Oshawa Times (1958-), 18 Mar 1963, p. 12

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FQ THe comawa rimas, monsay, maren 18, 1963 TORONTO (CP)--An under- cover Ontario provincial police- man, by providing information about impending raids to gamb- ling club operators, "'was aiding and abetting them and became a party to their offence," the eR WEATHER FORECAST A few scattered snow flur- ties are forecast Monday for Showers or thundershowers are likely from southwestern Ohio valley through south- central Mississippi valley into southern Plains and western Gulf coat region. Light snow or some showers are slated for portions of west-central plains into southeastern Plateau. Light rain or snow also is likely for parts of northern and north-central plateau. Some scattered showers may fall along northern and cen- tral Pacific coast. (AP Wirephoto Map) Arlington Club Saga Recounted By Roach TORONTO (CP) -- The charmed life of the Arlington Athletic Club, whose charter could have been cancelled in 1927 but which stayed alive up until this year, was recounted]; today in the report of the On- tario royal commission on crime. Mr. Justice W. D. Roach took nine typewritten pages to re- count the tangled saga of Tor- onio's sturdy Arlington, which doggedly. plodded along as aj bookie and poker joint while lawyers and government offi- cials wrestled over the fine points of the law. People began trying to kill the Arlington 'n 1930, according to the record, and in fact one lawyer claimed it had been legally dead since 1024. There oad been disappearance of charter. tangled up with a gaming prosecution, charter cancellation proceed- when ended hearings last fall, Mr. Justice Roach said he un- derstands the celled this year. grounds," he said. FINDS MUSICAL CHAIRS tice Roach described a "game of musical chairs'? played with three clubs here. and Lou Brickman became di- rectors of St. Patrick's Recrea- tion Club when it moved into books, apparent falsification of|a King Street club in 1956. When records and illegal sale of the|that club moved on, they be- lcame directors of the Spadina When the government;Social and Card Club at the clamped down heavily about aisame address. year ago, the proceedings got) The Club Bernard moved into the same address later, though without the three on the direc- torate. But Tripodi took the convicion on a gaming house charge when the Club Bernard was raided, A single address in Toronto, the commissioner noted, suc- cessively housed the Omega, Cosmopolitan, Grenville, Min- ers, D'Arcy clubs, and again the Grenville. "For 19 years," the commis- sioner said, "'this place was ac- tually a den occupied in suc- cession by one family of wolves after another and wrapped in the sheep's clothing of a social club charter." For 19 years, the commis- loenr said, the police tried to close the Atlas club here follow- which held up nes, Things were still hung up the royal commission but harter was can- "I do not know on what In another instance, Mr. Jus- Joseph Tripodi, Joseph Klein Sino-Soviet Talk Figure On Move By ADAM KELLETT-LONG | PEKING (Reuters) -- Soviet) Ambassador Stepan Chervo-| nenko, a key figure in moves) towands talks between the Chi- Eyed With Y | Misgivings giving By WILLIAM L. RYAN WASHINGTON West eyes the Arab world to-| Gay with misgivings. | On the surface, the West! would appear to have gained) from recent upheavals in Iraq and Syria. Communists have! been hurt. | The West once again could find itself facing a desperate ye , the Arab world may be in for a crisis even More confused and dangerous than Suez in 1956 and the brawl- ing eruption of rebellion and chaos which sparked U.S. treop an economic warfare weapon. The 1956 and 1958 crises im- riled the flow of life-giving oil Western Europe's industry, 'but five years ago Soviet oil : % Z 5 : s 5 has become a e887) alone was Chinese capital, jacting more in his capacity as (AP) -- The}. x 7 someone who can read ing a 1943 gaming conviction. Its charter was finally can- celled in January of this year. "In 1944 and again in 1954," the commissioner said, "the present deputy minister, Dep- uty Provincial Secretary R. J. Cudney, on the basis of infor- mation conveyed to him by the police recommended cancella- \tion but cancellation did not fol- |low. I do not know why. "The arrogance and persist- ence of the ringleaders at this club in pursuing their illegal ac- tivities amounted almost to de- fiance and could only be coun- tered by an equally vigorous hard-hitting policy on the part of the provincial secretary." Two Canadians Die In Crash In Adirondacks ing Chinese Communists,» had Bieetiowrs, uy. yd Sg summoned Chervonenko to Two Canadians were killed Sun- hand him a_highly-important|day night when their automo- letter from his party's central] bile and a bus collided near this committee. | village in the Adirondack Moun- The letter, replying to one/tains. form the central committee of] State police said seven bus the Soviet Communist party|passengers were injured. Three dated Feb. 21, invited Khrush-|were treated at hospital. The chev to visit Peking personallyjothers were treated et the or send a high-ranking party)Scene. delegation. Eight bus passengers and the Both letters were published on|driver escaped injury. the front, pages of Peking news-| The men who were killed papers here Thursday, but there|were identified as Leonard was no editorial comment. Nor|Thompson, 32, and J seph nese and Soviet Communist par- ties, left here for Moscow this week, usually reliable diploma- tic sources said Saturday. It was presumed he would re- port to Soviet Premier Khrush- chev on recent events in the including _ his meeting last Saturday with Eng Hsiao- Ping, secretary . general of the Chinese Communist party. In his recent contracts, Cher- vonenko appears to have been a member of the Soviet Com- munist party's central. commit- tee than as a diplomatic repre- sentative. Eng, one of the highest-rank- "were there any other news|'hompson, 25, both of Cornwall, items bearing any reference to|Ont. They were believed to be ee eninenets dispute. cousins ven ore publication of] Stat, li i h the letter there were ors in neadee oa - fou ", hit 3 a foreign circles here that|snowbank and skidded before Khrushchev planned to come tolthe collision with the Adiron- Peking for a meeting with Chi-ldack Transit Lines bus driven nese Communist leader Mao|by Edwin C. Rounds, 35. ° province's one-man royal com- mission jon crime concluded to- day. ° Mr. W. D. Roach, in his report ed in the Ontario Legislature, said an agreement by top OPP officers to let Const. George Scott supply ac- curate tipoffs to gambling clubs was "wholly wrong." The appeal court justice said the principle that '"'the police cannot break the law in order to enforce it" was still valid in English jurisprudence. However, he added, the sec- tone of. the OPP officers, in al- lowing Const. Scott to use ac- curate information to "prove himself" to the operators, were Cc rence and (Kenneth) Lamorie injto when raids were about to their methods of taking bribes. take place but as to the times : when there would be no raids: T feel that I am lending myself},, was not merely pretending." to further incrimination of these The two crimes involved. in two men to say nothing of P.C./Const, Wright's proposal were HE, say "one the bribery of Scott and The constable asked for ad-|the other the unlawful activities ' of the operators of the club." gigs ig changes were Mr, Justice Roach said. Mr. Justice Roa: .|CAM FROM WRIGHT silt the peel sesh mg vn Const, Scott "did not invite legally justified in acceding to|the bribery -- that proposal Wright's. proposal. which in-/came to him from: Wright," the volved giving tipoffts to Wright justice wrote, But it was which could be passed on to the wholly wrong for the police to operators of the clubs and in|#eree--and consideration for which Wright their agreement--to participate and Scott would share the|im the other offence, namely the bribes... " unlawful gaming, to the extent) F of withdrawing all restraint Tf the commissioner by in-linon it as a condition to the structing Scott to "fall in line ayment of the bribed." with Wright's proposal thereby|?* : meant that he should convey to| 'Actually, Scott was aiding Wright accurate information of|4nd abetting those operators by impending raids then I must|tfemoving virtually all pos- say that in my opinion he ought sibility of detection oe ated not to have so instructed him,|Decame a party to their offence motivated by "their zeal in at tempting to put these clubs out) of business." | Const. Scott, a member of the OPP anti-gambling branch, was| approached Feb. 5, 1960, by an- other OPP constable and former anti-cambling squad member W. J. Wright, . who proposed "that if Scott would inform Wright of the times when clubs would be raided he would pass the information on to the oper- ators," Mr, Justice Roach wrote, Each policeman was to re- ceive $200 a month for the serv- ice, he said. ENCOUNTER REPORTED Const. Scott reported the en- counter to Sgt. John Anderson, head of the anti - gambling squad, who took the matter up to the OPP commissioner, W. H. Clark. On instructions from his superiors, Const, Scott did 'fall in line' with the pro- pose! and carried out an under- cover investigation, with fre- quent reports to Commissioner Clark, until May 27, 1960. From time to time in that period, Const. Scott advised Const. Wright of the dates of impending raids on the Centre Road Club, Cooksville, and the Ramsay Club, Niagara Falls, Ont.and was paid a total of $1,018, the justice wrote, Tue attorney - general's de- partment was not informed of the investigation until March 3, when Commissioner Clark went to see Deputy Attorney - Gen- eral W, B. Common and the then attorney - general, Kelso Roberts, who said the investi- gation should proceed. At a May 11 conference 'in the attorney - general's office, Mr. Justice Roach said, 'the attorney-general took the posi- tion that Commissioner Clark's office would not permit him to be a party to this investigation any longer." A request by commissioner Clark that the investigation be continued to the end of that month was granted, however, with the decision that on May 31 "Wright would be arrested irrespective of what might tran. spire between then and the end of the month," " |, , Scott did prove him-|o% keeping a common gaming self by giving accurate infor-| house. mation during the whole course| However, "I am thoroughly indeed carry out/him caadpnag teil pie Uaioe Undercover OPP Agent Said Party To Offence By Tipoftfs Clark and the deputy attorney- 'falling into line' with Wright's proposal and that the implica- tions involved . . . were not borne home to the." LED TO TRANSFER Suspicions that Const. Weight was leaking information to his transfer from the + % squad to other . 1959, Mr. and operators "That is why the commis- sioner and those in the attor- ney - general's department agreed that Scott should fall in| line with Wright's proposal. It was their zeal in attempting to put these clubs out of business that motivated them in instruct- ing Scott... ." But 'the plan should never have been approved if it in- volved, as it apparently did, the giving of accurate information" of his investigation not only as/satisfied that Commissioner tended change in the Criminal TORONTO (CP) -- Operators of pinball machines which paid off only in free games should have been prosecuted by the Ontario .attorney-general's de- partment in 1950, Mr. Justice W. D. Roach reported today. In the report of his royal com- mission on organized crime, tabled in the Legislature today, Mr. Justice Roach said provin-' cial policemen had stated they considered the policies of the attorney - general's department regarding the machines "had amounted to interference with them in carrying out their du- ties." The conflict over whether operators of such machines should have been prosecuted, the appeal. court justice wrote, "arose from what would ap- pear to have been an unin- Roach Remarks About Lawyers TORONTO (CP)--Mr, Justice W. D. Roach said today in his royal commission report on On- tario crime he understands that the Law Society of Upper Can- ada has ordered a copy of com- mission evidence dealing with lawyers. | Prior to 1954, Mr, Justice Roach said, court decisions had set the precedent that "games of mixed skill and chance in- volving a prize in the form of a free game, where the ma- chine was not patently designed for gaming, did not offend the code." However, in the course of a revision of the code that year, the section covering pinball ma- chines was re-worded, he said. Although the federal govern- ment had intended "'no substan- tive change in the law," the in- terpretation placed on the re- vised section by the Ontario at- torney - general's department, and in a 1956 decision of the Supreme Court of Canada, con- cluded that pinball machines spots on the actions of some lawyers. BOUGHT AIRCRAFT Gamblers Joseph McDermott and Vincent Feeley had bought a $44,000 helicopter and_regis- tered it in the name of Toronto Several lawyers were men-|/@Wyer Sol Gebirtig._ i tioned in evidence or testified) "The reason is obvious," the before the commission. \commissioner said. "Gebirtig Mr. Justice Roach said that|was not so naive as to think at the conclusion of the hear-|that they had no ulterior pur- ings last fall, commission coun-/Pose in so doing, so he told se] and lawyers for the Liberal|them that if the income tax de- and New Democratic Party hadjpartment should inquire from asked him to deal with the sub-|him concerning the aircraft he ject "having regard to certain would have to disclose that they Pinball Games Ruled Illegal To Operate the justice reported. Lance Cpl. L. 8. Berg, of Edmonton won the Canadian Army Skiing Championships' downhill event in 82.8 seconds, paying off only in free games had become illegal. The then Ontario attorney- general, (A, Kelso Roberts) swiftest of 72 competitiors, at Camp Valcartier, Que. He is a member of the Princess Pat- ricia's Canadian Light Infan- try. (CP Wirephoto) asked the federal justice min- ister to amend the section of the Criminal Code "to restore the position existing prtigr to its enactment," The justice minister wrote to all provincial attorneys-general about the Ontario suggestion to restore the former legal posi- tion of free - game machines "and ag not all the other prov- inces were in agreement with Ontario nothing was done," Mr. Justice Roach wrote. Provincial slot machine leg- islation, enacted in Ontario and seven other provinces, was ruled ultra vires of the prov- inces by the federal Supreme court, leaving Ontario "in a po- sition where it could not con- stitutionally cure the error." The commissioner said the OPP asked the attorney-gener- al's department in the fall of 1959 for "further guidance" on enforcing the Criminal Code with respect to pinball ma- chines, CODE REWORDED W. C, Bowman, Ontario's di- rector of public prosectuions, reaffirmed the court decision that freegame machines had been made liable for prosecu- tion by rewording the criminal code, Mr, Justice Roach said. Mr, Bowman "suggested that no general crusade was neces- sary, implying that the situa- tion would clear itself, but if in the meantime there were com- plaints there was no reason why a prosectuion should not take place." The commissioner. said he in- terpreted the remarks to mean that' "when knowledge of the TORONTO (CP)--Mr. Justice W. D. Roach took issue today with the new top setup of the Ontario Provincial Police, but Premier Robarts suggested the royal commissioner on crime is laboring under a misunder- standing. Mr, Justice Roach in bis re- port tabled in the legislature was critical of the appointment of a deputy minister to head the force. Eric Silk of the at- terney-general's department re- cently succeeded retiring Com- missioner W. H. Clark, with deputy ministerial rank, The justice said that, as he read it, the commissioner would be a deputy minister in the at- torney - general's department, which would create a danger, that '"'the police may become bedevilled by politics." Premier Robarts promptly is- GOACH RECOVERS Munro, coach of the Estevan Bruins, was released from hos- pital Saturday after being treated for a wound he suffered Friday night when a Saskat- katchewan Junior Hockey League fan threw a steel nut which struck him in the head. A bottle also was thrown, land- Political Aspect © Of OPP Assailed sued an accompanying ment, through his office, that Mr, Silk has been given deputy minister's status in the civil service but is not a deputy in the attorney-general's depart- ment. state- Mr, Justice Roach issued his protest as a postscript to his previously - written report, It said that, as a deputy to the attorney-general, the commis- sioner views independent of his chief. could never express Politics, he said, is an evil that exists at the municipal level where police "are under the thumb of elected municipal officers." "To counteract the evil at that level, the Ontario police com- mission has been given appro priate authority," Mr. Justice that same evil into the Ontario pro- vincial police force." i REGINA (CP) -- Scotty) CONSTABLE ASKS ADVICE Const. Scott's report to his superiors May 23 concluded: "At this point of the investiga- tion I have arrived at a time when I am actually counselling OPP constables (Carmen) Law- evidence given before me." the matter, However, Betting Figures He said he had been "sorely tempted to do so" but decided the Law Society was the ap- propriate authority to deal with he commented in were the real owners." hasee in tie ack beceene Oe Lawyer Louis Herman had|°2@n8e in | ' ; certified to the good character|seminated it would be expected that the owners and lesees of of the pair when he was rep- : resenting them in incorporating a hau would observe ing in the Estevan players' box, a finance company. still some ma- There This had been done notwith-/chines on public display by the standing that he knew "'ihat/fall of 1959, the commissioner McDermott had a criminal rec-| saiq. ord and that the police had) "with deference I must say been complaining of the fact/that in my opinion by that date that persons with criminal rec-/the owners and lesees of these ords were frequenting the clubs} machines had sufficient warn- with which he and Feeley wereling of their illegality and suffi- associated." cient time within which to re- and several fans received bloody noses in a third-period fracas which stopped the game between Estevan and Regina with the score tied 2-2. INOW -- YOU PAY LESS TILDEN TORONTO (CP) -- Illegal bookmaking in Ontario has at times reached "'staggering" fig- ures, Mr. Justice W. D. Roach said today in his royal com- mission report on crime in the province. : The report tabled in the legis- lature cited betting figures run- ning into many millions of dol- lars a year. Mr. Justice Roach said he found no evidence of monopoly- controlled syndicate crime, and no organized crime that was "alarming" except for book- making and gaming. In the gaming field, the lead- ing figures were Joseph Mc- Dermott and Vincent Feeley, who had become wealthy by the time they were convicted last year of conspiracy to obtain po- lice information. "Organized illegal gaming and bookm: seem to go hand-in-hand," the investigator said, "It is impossible from the evidence available to me to de- termine what the volume of il- legal bookmaking has been .in any recent year but this much is certain, that at times it reached staggering figures. He cited some examples: Said Staggering After Deputy Provincial Sec- retary R, J. Cudney had heid a hearing in connection with prospective cancellation of a McDermott-Feeley club char- ter, Mr, Herman had got in touch with him to say the club would make certain ch if slips seized at Max Bluestein's horse parlor here in 1960 indi- cated an average daily betting of $37,000, Bluestein admitted a daily average of over $10,000 for a year. RENT-A-CAR SERVICE 14 ALBERT STREET 725-6553 3.50 PER DAY - move them. "Those who were continuing to display them were actually defying the law and should have been prosecuted regardless of whether complaints were made or not." Betting sheets seized at Syd- ney Traister's apartment here in 1960 showed $65,000 in bets on horse races and other sports in four days. The daily average at the Mc- Denmott- Feeley Jordan club here was $30,000, Betting sheets seized in Feb- ruary 1960, at the Alexander Motel outside Hamilton showed an average daily volume of $22,900. Norman Joseph of Lew- iston, N.Y., and Michael Geno- vese of Hamilton were con- victed of keeping a betting house. Later that year, Joseph and he would refrain from cancel- ling the charter. "I am critical of that," the commissioner said. 'The mat- judice." The judge said he had been "shocked" at testimony by law- Toronto, that he had asked mu- nicipal authorities to condone a gambling club near the United States border at Fort Erie on the ground that "they should not concern themselves too much about it because no Ca- nadians went into it." ter was at that stage sub | Tl SHORT FORM | COMPLETED yer David Humphrey, also of| 8:00 A.M. -- 6:00 P.M. 6:00 P.M. -- 8:00 A.M. PLUS 7e PER MILE INCLUDES GAS AND NECESSARY INSURANCE Deluxe model cars, power quipped, slightly higher rate. TAKE ADVANTAGE OF THESE WINTER RATES Truck Retes on Request INCOME TAX RETURNS $2.00 U.A.W. HALL Hours: 9-5 p.m., 7-10 p.m. Seturdey 9-12 EVERYBODY WELCOME ' ALEX KORKUSH 104 EASTLAWN ST, 728-7890 STATE FARM Hyman Brown of Toronto were arrested in a Toronto raid where the sheets indicated a daily volume of at least $13,000. Last July, material seized in another raid here showed a daily volume of $10,000. Records seized at another Toronto address showed betting business was being done with points as far away as Chicago, Police calculated that betting Miami and Covington, Ky. Tse-Tung. Speculation on what will hap- pen next is read in diP-] 1963 JOHNSON OUTBOARD MOTORS M ev's mind could make arcurate or worthwhile predictions," lomatic circles here, but a se- MUFFLERS NOW ON DISPLAY nior western diplomat said 353 MITH PH. KING S 23- 4 PORT 9311 OPEN EVENINGS PREPARED : | Bob Clancy ACCOUNTING SERVICE 184 BOND ST. WEST OSHAWA 725-0397 INCOME TAX RETURNS RES. 723-7605 150 Ibs. of baggage goes with you fi = Canadian National the way of the w ort y fre € c ... when you go

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