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Reserve Judgment In $79,000 Action Judgment in a $79,000 damage suit of a retired Oshawa poul- try owner was reserved indefin- itely by Judge Samuel Hughes in Ontarie County Supreme Court, .at Whithy Wednesday. Suit was filed in September, 1962, by George E. Scott, King- ston road east, when a section of his poultry plant, on High- way No. 2, near Garrard road, "collapsed, killing 10,000 chick- ens "At the time the building was = of the largest egg produc- plant in Ontario. Plaintiff's counsel, Russel Humphreys, QC, of Oshawa, claimed the five-storey building collapsed because of a wind- storm on the evening of Sept. 2. John A Campbeli defending counsel. for the Canadian Mer- cantile Insurance Company, Lloyd's Non-Marine Underwrit- ers, Consolidated Fire and Cas- ualty Insurance Company, the Home Insurance Company and The Canadian General Insur- ance Company, said the build- ing was of faulty construction and, unknown to the insurance companies, had 'become a dan- gerous risk before the collapse. Lawrence McAllister, 154 Elm street, Oshawa, an official of the Oshawa Flying Club, testi- fied winds of 30 miles an hour were registered at the airfield on Sept. 2. Gusts, he said, were blowing up to 45 miles per hour. Thomas MacCaber, of Etobi- coke, a professional engineer, said he estimated a wind reach- ing 46.5 miles per hour would have levelled the building. Mr. Campbell. said a wind- storm was generlly accepted to mean a wind velocity of up- wards of 56 miles per hour and the damage to the building would not be covered by the windstorm clause in the insur- ance contracts if the velocity was less. FELT CONCERNED Mr. Scott told the court he fore, he said, he had braced up the building with a jack on the second floor when a crack in the wail appeared. He called some builders, he said, but did not notify the in- surance companies, "because I felt it- wasn't, that bad'. - "T felt in the long run it would come down," he said, "but had no idea when', NOT CONCERNED Francis Gibson, brother-in-law of Scott and building inspector for Reach Township, said he worked in the building prior to the collapse and felt it was "well constructed for its type'. He had noticed some leaning, he said, but was not concerned. cerned. Robert Sanders, of Listowel, a former employee, said he dis- covered an increasing eastward lean in the building shortly after he began work in 1958. He told Mr. Scott it was dangerous, but he said nothing was done. Under cross-examination, by Mr. Humphreys, Mr. Sanders said he was "bitter" towards Mr. Scott for firing him. Mr. Scott said he dismissed Sanders in February 1959 "be- cause he wasn't the expert he professed to be, and didn't fit in with the organization." He was never told about any "'Jean'"' by Mr. Sanders, ,he said. William Crawford, Pickering genera! contractor, estimated replacement ocst for the build- ing at $85,000. George Carruthers of Mimico, a real-estate appraiser said he valued the building at time of coliapse at around $46,000. Since a 1959 government curb on egg production, he said, prof- its had dropped and the Scott plant was operating at or near a loss during its last three years. In summation, Mr. Hum- phreys said he insurance com- panies were liable because they had inspected the building and felt concerned about the building|signed the contract. after it developed a slight lean towards the east prior to the} collapse. About two weeks be-! "Admittedly this building wasn't made as strong as it could have been," he said, "but BEFORE THE MAGISTRATE Delay Sentence Until Dec. 15th Car salesman Robert Burns Villemaire, of Hibbert avenue, Oshawa was convicted on a breath smeli strongly of alcohol and he was very sleepy. At one point, while in the station, he fraud charge at Whitby yester-|fell off a chair through drowsi- x ness, Villemaire, who pleaded guilty| Representing Toporowski, Mr. to defrauding Preston Gregoire| Kelly stated that there was sug- of $1,450, will wait until Decem-|gestion that his client had been ber 15 for sentence. Crown Attorney Bruce Afflec told the court that the frau took place while Villemaire was working for a Whitby car dealer. Villemaire, he said, sold a sedan car to Gregoire inform- {ng him that it was free of all payments. Gregoire paid $200 cash for the car. and later paid the full amount with a cheque for $1,250. Later the car was re-possess- ed by a finance company due to non-payment of dues. After investigation it was found that the car had _ been owned by Villemaire and the debt to the finance company was his. Closing his case Mr. Affleck commented that Villemaire had been making an honest attempt to make restitution. A charge of drunk driving against Waclaw Toporowski, of Mary street, Oshawa, was dis- missed by Magistrate Harry Jermyn. Toporowski, who pleaded not guilty to the charge, was rep- reseited by Terence Kelly. Opening his case Crown At- torney Bruce Affleck said that a police patrol was stopped by the Whitby cloverleaf on High- way 40). While they were there several | motorists stopped and told them} of a driver which they had seen driving erratically on the High- way ; They waited and a few min- utes later, he said, a sedan ap- peared being driven very slow- ly. Behind it traffic was backed) up for "hundreds of yards'., | The car was pulled in and the driver (Toporowski) taken to | day, beaten up and that this might k have caused the impression of d drunkenness to the police. When found, he said, Topor- owski' was blood spattered. There was, he claimed, some reasonable doubt as to what had happened. Magistrate Jermyn agreed and accordingly dismissed the case. if the insurance companies want to insure a house of cards, that's their voggen 1g Mr, Campbell sa was an unusual case where a building undergoes substantial material change altering the risks in- volved to insurance companies. "The companies," he said, "should have been informed by Mr. Scott so they could re- assess the risks involved." Motel Operator Convicted WHITBY, (Staff) -- Crown Attorney Bruce Affleck accused a motel operator Tuesday of thumbing his nose at the On- tario government and said he would be tempted to knock down the man's $150,000 motel with a bulldozer if he were min- ister of highways. James Howard Hancock of Beaverton, owner of an almost- completed motel beside the Beaverton bypass of Highway 12, was convicted under the Highway Improvement Act of! erecting a building adjacent to the controlled-access highway without a permit from the min- ister. Magistrate Harry Jermyn postponed sentencing Hancock until March 2, saying he hoped for a peaceful settlement of the case by then. Mr. Affleck said construction of the motel continued. even after Highways Minister C. S. MacNaughton sent Hancock a registered letter Oct: 7, order-! ing him to stop. "This .was a flagrant defi- ance," Mr. Affleck said. "He was thumbing his nose at an jorder, The minister has the jright to go in with a 'bulldozer and tear everything down." Man Killed By Bull HOLLEN, Ont. (CP) -- David Leslie, 29, died Tuesday after being gored by a_ 2,000-pound Ayrshire in the barn on_ his farm. here. His wife Janet found her hus- band dead in the barn, with the bull standing over him, after returning from a visit with neighbors. Hollen about 25 miles northeast of Stratford. BLAMED ON MINE ATHENS (Reuters)--An ex- plosion which killed 13 persons and injured 51 at Lamia in cen- tral Greece Sunday was acci- dental and caused by a rusted WASHINGTON (CP) -- The disparity between Canadian and United States rules on how much merchandise their citizens can carry home from abroad without payment of duty was attacked before a congressional committee Tuesday. Representative Claude Pepper (Dem. Fla.) said the U should negotiate with Canada in an effort to remove the dispar- ity between the $100 duty-free allowance the U.S. allows its re- turning residents and what he called the $25 limit imposed by Canada on returning Canadians. (Although the reference be- fore the committee was to a $25 Canadian allowance, each Canadian can in fact take home $75 worth of goods duty free in one year--at the rate of $25 every four months and in each case after an absence from Can- ada of at least 48 hours.) The special subcommittee, headed by Pepper, is examining the relationship between travel Ringo Starr Sans Tonsils LONDON (AP)--Ringo Starr, the Beatles' drummer, had his tonsils removed today. After surgery, a hospital spokesman said his condition was satisfac- tory. The tonsillectomy started at 8 a.m. in University College Hospital. Ninety minutes later the hospital announced it had been successfully completed. Hundreds of fans of the 24- year-old mop-headed drummer telephoned a special telephone number--Covent Garden 2332-- during the morning for news of their favorite. Much of the time, pressure of calls kept the busy signal sounding on the phone number. Successful callers heard the recorded voice of Anne Colling- ham, an employee of the Bea- tles' -raanagement, informing them about Ringo's condition. WEARS RED PYJAMAS Ringo expects to be in hos- pital about 10 days. He took with him to -hospital red py- jamas, a pink toothbrush, 20 long-plaving records, a pack of playing cards and a science-fic- tion novel. He said: "One thing is cer- tain. Nobody is getting my ton- sils as a souvenir, Believe me, I'm going to have them burned." CUNARD OPENS BIDS The Cunard Line in Liverpool, England, Monday opened bids for a contract to build a luxury liner to replace the old Queen Mary on the Southampton-to- New York run. The 58,000-ton liner is to cost about £22,000,000 ($66,000,000) and the govern: Duty-Free Goods Disparity Attacked Before Committee g,|search and economics, advo- and the continuing U.S. balance- of-payments problem. The U.S. is losing gold and dollars abroad at a faster rate than is consid- ered healthy. ; SEEKS BUDGET BOOST Somerset R. Waters, a New York specialist in tourist re- cated boosting the budget for the U.S. travel service -- the equivalent of Canada's govern- }poverty, in Canada. THE OSHAWA TIMES, Wednesdey, December 2, 1964 5 Poverty Study To Be Conducted OTTAWA (CP) --The Cana- dian Welfare Council' is _plan- ning a largéscale study of EMERGENCY gency toothaches collected CARDIFF, Wales (CP) -- Ajmore than £780 in fees this group of National Health dent-|years. They plan to donate the ists here running a private|money to the Freedom from after-hours clinic for emer-|Hunger Campaign. TROUGHTON MEATS 104 LUPIN DRIVE BLAIR PARK. PLAZA SE SN NS SE SE BUDGET TERMS aimed at solving specific b- lems, rather than a single large study. The counci' hopes to finance the project with the help of fed- eral and provincial government funds, as well as grants from voluntary welfare organizations. WESTERN OIL CO. @ FRE @ The study, /announced Tues- day, wil conducted under the auspices of the council's re- search branch. It is expected to take a number of years, and will be made up of many in- tensive research programs ment travel bureau--to $6,000,- 000 from the present annual maximum of $4,700,000. He added: "Do our tourism policies vis-a-vis Canada make any sense? Why does the sec- retary <f commerce refrain from asking Congress for ap- propriations iarge enough to al- low for tourism promotion in Canada? Why does Canada take Claening & 24-Hour Service @ FREE @ porches ot toc sa 725-1212 DRILL SAVES TAXES LONDON (CP)--John Baker, 25, won a £2 reduction in the civie taxes on his apartment in suburban Romford. He claimed he could hear the whirl of a dentist's drill in the neighbor- ing apartment all day long. NOTHING DOWN -- 6 MONTHS TO PAY, Ist PAYMENT TO START AFTER JANUARY Ist. Red and Blue Brand BEEF YOUR EXECUTOR a more restrictive attitude than does the U.S. in allowing her citizens to. bring duty-free pur- chases into this country?" Pepper said the disparity should be negotiated. Canada's limit of $25 every four months replaced more leni- ent rules which existed 'before a 1962 austerity drive designed to ease Canada's balance-of-pay- ments troubles, A long period of chronic Ca- nadian tourist deficits with the U.S. ended in 1962 when Amer- icans spent $512,000,000 in Can- ada compared with $419,000,000 by Canadians travelling in the U.S, That vear's Canadian sur- plus of $93,000,000 rose' to an estimated $157,000,000 last year. should be: Experienced in handling estates, Trained in handling vestments, Fair and impartial to all beneficiaries. VICTORIA and GREY 308 Dundas St, W., Whitby { / SIDES us, 478 HIND QUARTERS ,,. 59° FRONT QUARTERS ,,, 39¢ BONELESS, BUTTERFLY LOTS PORK CHOPS '*** '{:° 79° Take Advantage Of Our Budget Plan Before Christmas. PHONE 668-4633 One-Stop DECORATING SHOP Wallpaper and Murels @ Custom Draperies © CLL. Paints and Varnishes © Brocdioom and Rugs © Flo-Glaze Colorizer Points DODD & SOUTER Decor Centre Ltd. Phone 668-5862 107 Byron St. $., Whitby TRUST The bulk of Canadian federal, provincial and private tourist advertising is aimed at the U.S. market. Family Monuments bis) To Individual Requirements STAFFORD BROS. LTD. MONUMENTS 318 DUNDAS EAST 668-3552 aT T ment has promised Cunard a loan for part of it. U.S.-made land mine, it was re- ported Monday night. Poly- chronis Polychronides, minister of public order, said the blast occurred during ceremonies marking the destruction of a bridge 22 years ago by British commandoes and Greek resist- ance fighters. Mrs, E. A. MacMillan, 419 Athol street, Whitby, was awarded a certificate of appre- ciation by the Toronto Dental Nurses Association for her table clinic on "Nutrition in Dentistry. The theme used -in the display was Canada food rules with milk as the founda- tion of good nutrition for adults as well as children. This clinic was given in conjunction with the annual Winter Clinic of the Toronto Academy of Dentistry at the Royal York Hotel, Toronto. Mr. and Mrs, William Rowley and their daughter Anne, Samia, were weekend guests of his parents, Mr. and Mrs. Harold Rowley .and his sister and brother-in-law, Mr. and Mrs. Frank Sevick. Arlene Jane, daughter of Mr. and Mrs. Roland Jones, is cele- brating her 11th birthday today. Her companions of R, A. Hutch- ison school and friends wish her many happy returns of the Whitby Brass Band Ladies' the Police Detachment. Toporowski was disheveled) and blocd spattered. He had to be assisted at all times. His Auxiliary sponsored a bazaar and tea last Saturday. Mrs Warren Mowat officially open- ed the event. Mrs. Joyce Burns ' WHITBY PERSONALS drew the ticket and announced that the lucky winner of the men's bulky knit sweater was Mrs. L. H, Hatch, Lupin drive, Weekend guests at the home of Mrs. Ross Vernon were Mr. and Mrs, Paul Barber, Toronto. Friends of Mrs. James Kerr OPEN until 9 p.m. fine traditional HOMES 3 and 4 BEDROOMS TREES on every lot built by Robert McEwan Ltd. sold by Olive Howe Realtor ATHOL. ST., WHITBY 688-8981 OPEN until 9 p.m. are sorry to learn that she is in the Oshawa General Hospital They wish her a complete re- covery. Miss Joan Wilson, Guelph, and Miss Doris Wilson, Paris, Ontario, were overnight guests of Mr. and Mrs. Daniel Bir. beck, Victoria street east. Mrs. Walter Kirk, 148 Pine street, Whitby, Mrs. Robert Childs and Mrs. Violet Payne, Hampton, were luncheon guests of Mrs. Wilfred Wamer, Oak/| Ridges, on Monday. Rev, W. J. S. McClure acted as Master of Ceremonies at St. Andrew's Night held at Whitby Presbyterian Church under the auspices of Presbyterian Women Che sma wear HARTT finer leathers unsurpassed comfort MEN'S FINE SHOES para, | nat Collins Shoes 119 BROCK ST. S. WHITBY Open Fri. 'til 9 P.M. Groups No, 5 and 3. Mrs. P. N. Spratt, church organist. was in charge of the musical program. Soloists were Mrs. Marion Mc- Clement, Pickering, Mrs. Jack BROCK -- Whitby Evening Shows ot 6:55 Last Complete Show 8:20 ADULT ENTERTAINMENT Youne loveRs Vl Technicolor "2 <A Sassi GINIA MAYO Randall and Mrs. Castle Smith. St. Andrew's Young People rendered several selections of folk songs. Community singing was led by Douglas Taylor. Two members of Oshawa Pipe Band, Cheryl Williams and Brian Pol- lock, performed. Shirley Hawk- ins did a Scotch dance. Frank Steffler presented a picture of Rey. David Marshall, former minister of St. Andrew's Pres- byterian Church. Whitby Royal Canadian Legion has estaMish- ed in honor of Rev. David Marshall's name __ scholarships for High School Grade 13 stu- dents. Pictures of Rev. Marshall will also be preseniededt High Sehools in Whitby and to mem- OOOH! So Many Wonderful Gifts... © Toys, for Girls & Boys Tropical Fish & Supplies Children's Sporting Goods Largest Skete Exchange BLUEBIRD Diamond Ring "The Debbie Design"' Guaranteed perfect and insured free for one year againet oss or damage. BLUEBIRD Diamond and Wedding Rings LDER FARM MEAT MARKETS @ BRAMPTON @ OAKVILLE @ NEWMARKET YOUR NEAREST ALDER FARM 313 BROCK-ST.S. | WHITBY PLAZA OPEN THURSDAY AND FRIDAY EVENINGS UNTIL 9 P.M. -- CLOSED MONDAY SPECIAL THIS WEEK , @ ALDERWOOD @ WHITBY CHUCK STEAK SHOULDER CULLOUGH JEWELLERS LTD. WHITBY PLAZA | WHITBY j GORDON OSBORNE REAL ESTATE 218 Dundas St. E, Whitby Ph. 668-8831 LISTINGS NEEDED For Our Active Sales People If you have a home, lot, farm or business for sale in Whitby, Oshawa, Brooklin or surrounding district at a fair price we will do our best to make a successful sale for you, LAMB CHOPS BONELESS STEWING BEEF icy' BEEF LIVER JUICY CHRISTMAS SPECIALS ICE CREAM 2% Gal. Pail (Coffee, Strawberry Ripple, Mardi Gras, Lime) ICE CREAM PIES or ICE CREAM CAKE ROLLS ........ TENDER JUICY 39. BLADE or SHORT RIB u 29° 3.50 2» 75° HOME FREEZER OWNERS are really fortunate to save money with Alder Farm's home freezer order plan! Ib. 49. Ib. 43. HINDQUARTERS SIDE OF |bers of his family. Rev. Mc- }Clure at the close of a most lenjoyable evening 'thanked all |who took part and also the large- attendance. Faia Huscew-actvs water! GEORGE NADER WHITBY IN THE NEWS Those interested in submitting news reports, social items and advertising in Whitby are invited to call the Whitby Office of The Times. Telephone niimber is 668-3703. CHRIS DENNETT, Whitby Office Manager $1.00 will hold any purchase Christmas SIDE OF Soles Representatives @ Ruth Snudden @ lke Perry @ Clare Shank @ Nick Von De Brook ° Ist and 2nd Mortgages erranged and sold W. SCHATZMANN REALTOR 114 Brock St. N., Whitby Call 668-3338 CUT AND WRAPPED 4 lbs. of BUTTER FREE with Each Freezer Order 103 BYRON ST. S. HITBY