Oshawa Times (1958-), 28 Aug 1963, p. 7

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bound lane and struck the Nel-|the centre line. He mentioned THE OSHAWA TIMES, Wednesdoy, August 28, 1963 7 son car along the left side. specifically that a tire might He estimated the damage to|have blown but added that in the front end of the accused's| any case there was no estab- car at $3000 and described the| lishment by the crown as to m (side of the Nelson car asjhow the accident happened. er a a ras "completely ripped off'. He| Crown Attorney Affleck ; |said «ft Nelson was found 20)agreed that the evidence was BOWMANVILLE (Staff) -- A; Nelson was instantly killed|feet from his car. \circumstantial but emphasized {Toronto wonan was fined $150\as a result of the collision, | Photographs were then pro-|that the evidence was of such a jand costs or 30 days in Magis-| Constable Alexander testified) duced by Crown Attorney Bruce|nature that a conviction should id that thel trate's court here Tuesday when|that when he arrived at the| Affleck (Ontario County) and|be given. accl ered r . sae car fae she was found guilty of careless|scene of the crash, just morth|Constable Alexander identified| 'In this case we have an ac- agg te - "at Day that driving, The charge arose out of|of Kirby, Nelson was dead:|them as those taken at the|cident in which one. car, that|"'° sad nab otirtaar andes filing an accident in which a man was/his passenger, Miss Diane Fer-|scene by a Police photographer.|driven by the accused was on rig preg y just in recalling killed on Highway 35 on July/ran was suffering severe facial/These were given to His Wor-|the wrong side of the road. y|the mishap. 17. leuts; and Mrs, Moore and her|ship and were explained by|believe that this in itself is} Mr. Affleck agreed that Mrs. Mrs, Carol Lorraine Moore|husband were also injured. the Constable, proof that she was not opera-/Moore had already suffered a was convicted of the charge by| He said that he visited Mrs. Defence Counsel R, B. Cu-|ing her vehicle with due care|great deal both mentally and was assessed a two-year SUS-|Magistrate R. I. Mooe (no re-|Moore in the hospital about one|mine of Toronto argued that alljand attention." physically, but stated that the pended sentence and told to post/jation) after evidence was pre-and one-half hours after thelof the evidence given was cir-| Magistrate Moore agreed:|Ppenalty should be of such a na- a $300 bond in the case that/sented by Constable A. V. Al-|mishap amd that she admitted|cumstantial and that there was|"There is proof, both verbal and|ture as to have a positive ef- sentence be breeched. ._jexander of the OPP showing|to driving the car. no indication of careless driv-|visual that the southbound ve.jfect on the accused, and on "I could have given you -SiX)that the car in which she was| He told the Court that skid) ng. hicle was driven in a mamner|Society as a whole. months in jail," informed Mag- driving crossed the centre-line)marks at the scene indicated) He contended that any num.jinconsiderate of northbound| Magistrate Moore agreed with istrate Moore, "but on npr and struck a car driven by|jthat the Moore vehicle hadjber of things might have oc.|traffic. both Coumsels. He told the ac- of the pre-sentence report andipiug Elwood Nelson of Peter-\crossed the centre-line from|curred that would cause his| "I cannot take the results of|cused that the fine was severe some things I have learned)y rough. {the southbound to the north- so that other drivers might con- Fine Woman $150 sider that the same thing could happen to them when care and attention was not practiced on the road, "None of us can really ap- preciate the suffering that Mrs. Moore has already undergone and will undego as a result of this accident, I am not going to suspend her licence, but I don't expect that she will want to drive at night for a long time." EDITOR REMEMBERED MOSCOW (AP)--Izvestia has hailed the memory of its first editor, Yuri Steklov, who died a victim of Stalin in 1941. The oc casion for the posthumous re habilitation was the 90th anni- versary Monday of Steklov's birth, He edited the government newspaper from 1917 until he was fired in 1925 for allegedly living in too capitalistic a style, but I cannot consider the charge as anything less than careless driving." Mr. Cumine asked the Court for leniency on behalf of his client. He disclosed that both the d and her husband suffered severe injuries im the Toronto Driver Irate At Magistrate's Fine they re-| Magistrate Moore granted the | adjournment. ADMITS THEFT Elroy Henry Ledbetter of Osh- awa, who was remanded in cus- tody for pre-sentence report here last week after he pleaded guilty to the theft of four tires BOWMANVILLE (Staff) --|until such time as A Toronto man paid $7, costs in-|ceived the permission, cluded, in Magistrate's Court) ; here Tuesday when he was, GARAGE ngage ol ol foun gully of, making an i uo fling to have Poa wy ge 8 aed e t lof ownership and_ proof of in- Matas not goes Toca uit gunnee 8. sPuck Weng '\the Blackstock Garage. i 2 h ' ; Uiilag wits and that hs bee! BS a: not + Pag olan ggg 'anci. a charge made agai ga- oe hi safely and conscienci rage," he said. "The charge yes Gonsiabie: Jack Donald should have been made against ee "la specific person." son testified that he had seen! ; 4 . Pirroncello make the pass and) ane ag og heb << eggs force two cars to apply theitijpp He testified that he coud brakes and get off the road onto! 1, proof of ownership, or|since about the theft I am going client's car to swerve acrossithe accident into consideration, to suspend your sentence, tHe shoulder, linsurance when he stopped the d "You might well have entered Magistrate R, I. Moore ad-ltruck on July 17, He said that dressed the accused: "I should],. advised the driver of thela plea of not guilty last week." suspend your licence, because if|tryck at that time, John Taylor,| His Worship informed Ledbet- you think what you did was safe/that both certificates should oc|ter that his sentence might be you don't know how to drive./shown at the OPP Office by/|lifted in a year if "he stayed If those cars hadn't applied) jyjy 21, -- adh aaa Gs F their brakes a collision would) ,,, a Las e advise at the accuse have occurred and you would Pear ol iy rig eget stay away from excessive drink- have been to blame. isc 'ident had never 'heen| oe "I am convinced that it " eae Be boast Me piosran ig ed viv °°" was drinking that got you into However, you have no rec-|mentioned to him and therefore trouble the last time. I won't ord of traffic offences and ap-|he did not know of the proce- nay vou can't take a drink: but parently you are, normally, a!dure outlined by the Constable |fape it easy." : good driver. Just don't get in-) i. added that the ownership| : volved in a head-on collision to|y.. in the truck taped to the| BOOTLEGGING CHARGED | be convinced that what you did) :ooring column and Constabie| Bootlegging charges against) was unsafe and wrong." Schultz admitted that he "may|Lorne Stevens of Bowmanville | DRAWS $25 FINE not have looked there." si = Sfecench ait' text Jacques Martel of Oshawa After dismissing the charge) ™ : : was found guilty of careless His Worship warned Keuming| week at the request of Defence driving and fined $25 and costs|to "watch out to whom ne ie gg 0 Fir | ine? "He should be able to earn| or six days, The charge arose|!ent his trucks. jenough money in that week to| out of a chase from Newcastle CROWN LACKS WITNESS pay the fine he is going to get," es aod eastern limits of Bow-| 4 charge of crossing the cen-| quipped Magistrate Moore. iach ata tre line on a_ two-lane road| Constable P. C. Harte-|against John McGillivary of to. OE ore, ge Maxwell of the OPP testified/ronto was dismissed when the Oe sighed rt that Martel had "lost him" in/Crown was unable to produce the race and that he was forced! witnesses in the case. to radio ahead for the car to , be stopped. GIVEN WARNING Bowmanville was for raising wild game without a Constable Stan Rospound 0f/ permit. the OPP admitted that an over-| Douglas Powell, an official of sight had been ge if 5 the Department 'of Lands and ni er summons was sent 0 McGih- Fc ests testified that he first Charged ot ariving. on an UN) vary. He said that in this type . > te tivity paved t f highway ' |learned of Proutt's. acti portion of the ghway| a GOs it the "sopusedl co rrou : against Ernest Gilks of New-|°)..,Ca5®, When accused) when an application was filed castle were dismissed by Mag.| Wishes to plead not guilty he iS! by a man for a licence to keep fatrate Moore 'with a stern| 25Ked: on the. summons, to make/¢or dog-training purposes pheas- warning. his intentions known to police/ants which he had purchased seven days in advance in order| from Proutt, Gilks claimed that he made/that witnesses may be arranged a U-turn from the eastbound to! for Mr, Powell added that he had the westbound lane of Highway He confirmed or ; contacted Proutt about this and that, que 0 TT l . : . 401 because he was told by ls some oversight, was 'told by him that he didn't boss, William Turnbull, that : ht, no such clause) know a licence was required to Sviers oie. at. Hale PAE aha written into McGillivary's! raise the birds. wink chetiucationd "I later found out that Proutt| When Turnbull took the stand,| @RANT ADJOURNMENT ee eee he Was asked by His Worship The Crown was unable to fur-| a licence if he owned the highway He i nish what was termed a 'co-. "What does a licence of this plied in the negative but added gent, important witness" in ajtype cost" queried Magistrate that he had gotten permission careless driving charge against} Moore from the OPP to do this on the Miss Peta Paterson of Toronto.) "$100." grounds that it saved botht ime) Defence Attorney R. 0. Howey cn snot Je caecrly at 2 and money for persons forced |of Toronto asked for a dismissal| Will fine him, He'll pay one way) to have their cars towed in. | 0" the same grounds as the Mc-|0F another. | Constable Stan Rospound toid Gillivary Case Crown Attorney Bruce Affleck the court that the OPP didn't) (Ontario County) asked for an and couldn't issue any such per-! adjournment until Sept. 17. sonous mushrooms were mission. He said he felt that this case| blamed for. the death of a. 19- The case was dismissed. Mag-;was far more serious than Mc-| year-old youth and his uncle in {strate Moore warned Turnbi1!l]Gillivary's and "if the ends of|this Alpine village. The youth's and Gilks to get any permis-|justice are to be served each| mother and another relative, sion in writing, and not to try|/case must be tried on its own|who also ate the mushrooms, anything like the U-turn again| merits'. were made gravely ill. 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