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@ THe GHAWA TIMG, 'Wednesdey, Seprember 25, 1965 dion of the accused "rowdyism o nthe property of a young man (MacDonald) who was trying Three Oshawa Youths "eset: sx. m Convicted Of Assault was the first fight that you had He said that as far as Cornish/ever ever been in, You say that you| was concerned, his bout with are not a fighter, so why did|/Kane was in 'self-defence and/defence, you beat him up after you dis|that there was no indication that ihe had struck MacDonaid. 'Actually, he may, by Mac had acted in|Donald's own admission, have! self-defence against the 'wea-|saved MacDonald from being|ing Cornish in here week after pon wielding Kane". He addedistruck by Burgess, when the that the evidence indicated that|latter came at him with the|bad. And as for Whyte, he al- BOWMANVILLE (Staff) -- A marathon, four and one half hour assault case in Magis- trate's Court here Tuesday end- ed up: complainants four, ac- cused -- two. Donald Roy Cornish, Burgess Whyte and James Burgess, ail of Oshawa, were remanded in custody tor sentence until next week. They were found guilty of the assault, resulting in bodily harm, of . Merrill MacDonald and Roger Kane at MacDon- ald's service station on July 28. Burgess was found guilty of the assault of bath complain- ants; Cornish for the assault of MacDonald only; and Whyte the assault of Charges against Corrish for the assault of Kane; and Whyte for the assault of MacDonald were dismissed, Witnesses for the Crown, Rob- ert Sisson, of Bowmanville, Kane and MacDonald all testi- fied that the fight started when Cornish punched (or pushed) Kane in the face. HAD CUTTING TORCH Sisson said that Kane then chased Cornish outside brandish- ing a cutting torch: "I then heard Comish say "Come near me with that thing and this goes in your guts', (It was never established what "this" was.) "Then Jim Burgess grabbed the torch away from Kane." He said that Burgess later dis- armed Kane of a tire iron, and then a sledgehammer. "Doc (MacDonald) then broke up the fight. They all went back inside and Doc asked for the torch that Burgess was still carrying. "Burgess said: 'If you think) you'r man enough come and| take it'." | He said that both Burgess and Cornish tackled MacDonald and pulled him into the corner, when he was trying to reach the phone to call the police. "Then Kane picked up a sledgehammer. Burgess took it| away from him, knocked him! down, and kicked him in the head. "Burgess then went toward the corner where Cornish was still holding MacDonald, Just as Kane was starting to get up| Whyte came across the room, and began punching him in-the face, That is the first time that I noticed that Kane was bleed- ing.' Dr. A. E. King of Oshawa) testified that Kane received a} five-stitch cut near the eye, plus bruises, and that MacDonald had a contusion on the st h Kane only.) armed him?" Mr. Kelly pig y that his} client, Cornis' Kane was '"'thinskinned" and|sledgehammer." had prompted the fight. justified: 'He was punched, ticked, mauled, and insulted. Who wouldn't be a littie 'thin skinned' after that." si Magistrate R. B, Baxter agreed with the Crown, How), he dismissed Kane's charge against Cornisn on self- and MacDonald's charge against Whyte because, he said, there was no evidence "T am sick and tired of hav- "I am sick and tired of hav week and Burgess is about as ready knows what I think of Ajax Pays $10,000 To Separate School AJAX (Staff) -- A payment of $10,000 was made to the Sep- arate School Board of Ajax by the Town Council at the Coun- cil's Monday meeting in the Town Hall. The money part of the amount in the 1963 town budget for Sep-| arate Schools was requested by) \the school board to cover heavy | debenture payments coming due) ithe first of October. | IN SUNFISH GROUP The rock bass is a member) of the sunfish family and is widely distributed from North] Dakota and Manitoba through) Mr, Bonnyeastle ealled the ac-|him,"' His Worship concluded.ithe Great Lakes to Quebec. |facilities at its pulp s BOOST GROWTH VANCOUVER (CP) -- onier Canada Limited will Se $21,000,000 to double preduction mill 35 miles northwest of here. Family Monuments 2) Created To Individual Requirements | STAFFORD BROS,| | MONUMENTS 318 DUNDAS EAST 668-3552 sciaiemaambienti that he feared at the time was a rupture. Sisson stated that he had not seen either Kane or MacDonald strike a blow. GRABBED TIRE IRON Kane admitted to Oshawa Lawyer Terrence V. Kelly, act- ing for Cornish, that he 'may have struck Cornish with the torch". He said he grabbed the tire iron and later the sledge hammer in order to come to the aid of MacDonald. "Burgess took the sledge away from me and then, while I was getting up, Whyte came over and pounded me." "Whyte came in like a dog, | after the fight was over," Mac Donald said, "and started beat ing up on Roger (Kane). He hit him in the face, the head and then in the guts. "Burgess came at me with the sledgehammer and said he was going to "spill my brains all over the floor'. "Then we all looked at Kane. He was so bloody that I guess they got a little scared. Any way, they ran out of there just as fast as they could and took off in their car." MacDonald said he wouldn't have even called the police if Whyte had not hit Kane, as the om: was trying to get to his eet (Kane had testified that both Burgess and Cornish had been "baiting him' -- calling him names, actual fight). CARRIED TO CAR Gainor added that Burgess had collapsed into the armg of Cornish and Whyte as a result of the blow with the hammer, and had to be carried to the car. Whyte took the stand in his own defence. He said that the only reason he even entered the fray was because Kane hit Bur- gess with the »ammer, ' "If I hadn't stepped in, Kane might be on trial for murder right now," he stated. "Could he have murdered anyone without the hammer?" asked Crown Attor- ney Geoffrey Bonnycastle. "Why did you have to beat him up? You have testified that cursing and making) faces at him, previous to the| for Personal Service ASK THE MAN WHO, KNOWS MEAT, FREE 100 CASH "FREE 500 "FREE 3 STEINBERG cashiers have SPELL P-I-N-K-Y¥ game cards for you each time you shop. Complete contest rules appear on every game cord. The game lasts 10 weeks with thousands of dollars to be won, Anybody can play -- start today! PINKY STAMPS MINUTES OF SHOPPING on EACH TIME you Buy SPECIAL SAVINGS BIG CITY White, Whole or Cracked Wheat SLICED BREAD 2 = 29 Leen, Nepean ts HETCHUPS= ONTARIO GROWN FANCY aie pyc scgakanestte | ee a Rib End tenderloin end 3.53 SCOTIAN GOLD APPLE JUICE. Vitaminized 48 OZ. T Unsweetened 6 sc BSKT. Wolf River, Weal- im, or "Bg: Gener FRESH PLUMP 5% LB, AVG. OCEAN KING SALMON FANCY RED SOCKEYE 7% QZ. tin '69 California's Finest Tokay GRAPES . Ib. 14¢ ROASTING CHICKENS . 49% GROUND CHUCK «. 59 Bu PSY'S oz. kee TULIP > LUNCHEON MEAT 12 OZ.TIN IMPORTED UV. S.No.) GIANT SIZE Jumbo Cantaloupes 29¢ SWEET JUICY VALENCIA SMOKED BEEF 2 37¢ -- LB. 5% h FRESH ATLANTIC SOLE FILLETS One-Stop DECORATING SHOP Wallpaper ond Murals Custom Dreperies Broedioom and Rugs Flo-Glaze Colorizer Points DODD & SOUTER Decor Centre Byron St. S., Whitby | C.1.L. 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TO i 9 P.M. Come In" - $/'3 BAKERY SPECIAL wT WITH JMib COUPON AND PURCHASE OF eae 2% i 2 Meg Fresh SAVE RAISIN PIE 1° 39¢ BEAVER GARAGES SHOP AND COMPARE... THE BEAVER wehorr" Is BEST DOLLAR VALUE! DELIVERED COMPLETE MATERIALS ... STUDS AND RAFTERS PRE-CUT.... EASY TO FOLLOW PLANS All New Winterseel Aluminum Combinetion Deer! CARLOAD VOLUME SAVINGS The sturdy 1" thickness TEMPO is pre-hung on frame, ready to install. Interchangeoble storm ond screen, pneumatic. door closer, storm check, guaranteed quality and eraftmanship . . + 2'6" x 6'6" size DELIVERED 4.66 x 6'8" and 2'10" x 6'10" INSTALLED, 2'8" sizes $27.88. - extra $37.88. GUARA '229 SMART, TRIM AND VERY, VERY PRACTICAL The Beover 12 x 20 ft. single car Codet at $229 is o lot of gorage. Good design, sound construction, quolity material throughout and the all steel gliding action door is included in this low price. Delivered complete with easy to follow plans . hy . regdy to build, NOTHING DOWN , ONLY $12 A MONTH NEXT SPRING WILL BE TOO LATE... FEDERAL 8% SALES TAX EFFECTIVE APRIL, 1964 fasily Accessible Storage Spoce The 16 x 20 ft, Cadet Cor ond Half has 80 sq. ft. of side storage space or workshop... 9 sensibile front access door. Complete mo- terials. DELIVERED ONLY). . - *348 MAY BE AN EARLY WINTER... NOW. ISTHE TIME TO BUILD! Specious 22 x 22 ft, Two-Car The, Two-Cor CADET has 4 sa. ff, i stqrage area along the reer wall ond the added feature of two con- venient indivdual swing-up doors. Complete Materals DELIVERED ONLY 45> > SEALMASTER Heavy Duty 144" Thickness Built to last @ house time, the Sealmoster is heat treated for Prehung on self strength, frame ready to install, storing screen, closer and check. DELIVERED COMPLETE. 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A thermo setting miracle eolor coating that resists extreme weather and wear, DURA- CLAD is available in @ se- lection of colors, Delivered Complete Only AA White, Beige, Turquoise, Block and Pastel Green JOHNS MANVILLE PLASTIC SURFACED Practically maintenance for a housetime, this new Bre sidirig has the same wearin qualities as _ stone. © NEVEI NEEDS PAINTING, imbedded plastic surface self washes clean, 99 FREE ESTIMATES AND PLAN- NING HELP AT BEAVER DEPENDABLE "BEAVER LUMBER 'VHITBY. 419 C+ as £1. F. 668-5818 BOWMANVILLE 96 King, St, E. 623-3388