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Moisley Ball 36 Third Ave. Phone Score given at the end of each psriod from WGN approximately at 10.00, 10.30 and 11.15 p.m. Detroit at Chicago Chicago at Toronto CFRBâ€"690 ke. CRCTâ€"960 ke. CRCX (s.w)â€"6090 ke. Saturday, Dec. 7 "The evidence of DeLucaâ€"is it to be believed? That is a question you must consider very carofully." He suggestâ€" ed aâ€"twofold notive for Deluca‘s eviâ€" déence. First, that he had pretended to turn King‘s evidence with the hope of leniency being shown and secondly that he had been attempting to carry out threat that Perreault had said DeLuca made of involving him in the affair if he told town officials Conflicting Evidence DeLuca had a "hangdog l30k" when he was in the stand, Mr. Schoeder said. He had sworn that he did not take an active part in the management of the service ‘station from October,. 19%4 to April, 1935, yet the two service station manag‘rts had sworn that he was around there sometimes durinz the day and almost every night. He had also sworn that he had made no payments on the agreement to buy the share of the service station, yet Perreault said the little red passbcok contained a reâ€" cord of that. He had sworn that only he and Perreault had cashed the cheâ€" ques, yet he later said that Annie Prince, Germaine Joanisse, Gladys Thomas, Mrs. Thomas, Ralph DeLuca and his wife had on occasion cashed the cheques for him. | DelLuca swore that ho had not left a message for Perreault to see him at one of the service stations, yet Perâ€" reault swore that he had received the message there. DelLuca said he had helped Charette in the making out of You‘re sure of a promenade seat at the games with the new Boston at Chicago RCA YVicTOR W}e 7{0?22/7, RADIO HOCKEY FA N § Sun., Dec. 8â€"10.45 p.m. (Continued from Page One) by tracing the cheques to service staâ€" tions in which DelLuca subscquently became interested as a partner." the defence held. The accused should be considercd innocent by the Jury until the crown had proven beyond any reaâ€" sonable doubt that he was guilty, he said. "The onus is on the crown and on the crown alone." Jury Finds Henry Perreault Guilty Thurs.s December 12th THURSDAY, DEBCBMBER 3TH. i1935 Model Té6â€"2 â€" $77.00 with METAL TUBES EASY TERMS WGNâ€"710 ke. WORâ€"720 ke. (49 meters) CKACâ€"7830 kc. for DelLuca‘s eviâ€" ie had pretended ce with the hope )Jwn and secondly the jury untii] deposit beyond any reaâ€" M.lxed _ was guilty, hei "Hov the crown and| Perrea we ctrtainly don‘t show a worth $10,000 as worth $5,000 values were inflated, he clai order that the bank might gran In 1931â€"32â€"33 Ferreault had a was stated. He had been in a estra, had a half interest in Charles hotel, and had made m the sale of town lots, but there evidence to show that he ha extravagantly. DelLuca‘s pr had shown, counsel stated, in t ing of a maid, in buying furni paying for an illness of his wil in buying two cars within a sho Peorreault Was Confused Perrcault was in a confused . mind when the frauds became to him. counsel stated. and h The evidence of the handwriting exâ€" perts was of little value the defence said. *"There‘s never been a case known where the crown gets a handwriting expert that the defence couldn‘t get one to contradict him," Mr. Schroeder said. "Now as to the increa of Henry Porreault in counsel, "those are ba When we make stateme1 DelLuca had told him ‘"Gonsales" had The DelLuca story, as summarized by owsed ‘him money and that when "Gonâ€"|the crown, was that he had sales" had gone to make out the‘ $100 a month: that he had borrowed cheque, DeLuca had asked that it be| small sums from Ferreault; that he had made out in favour of Perreault. near Charette‘s store and had "Why was no record kept until Octoâ€"| helped the man with his accounts. ber, 1934, if the agreement was made in| When hs> had applied to Perreault, he May, 1933" asked the defence in regard| suggested an "easy" way of making to the little red pass book, which money. They had put the first cheâ€" Luca claimed was a record of the| ques through Charette‘s, DelLucac ashâ€" money they had taken from the tOWlllques through Charette‘s, DelLuca cashâ€" and which Perreault claimed was ai come nervous and had wanted to quit. record of DelLuca‘s payments to him on account of the service stations. The evidence of Ralph DelLuca, who swore that he had gone to a Schuâ€" macher ‘bank with Perreault on two He had asked Mr. Montgomery to see if it were possible for him to get a job out of the town hall. The service staâ€" tions had then sesmed a logical place to cash the cheques. If anyone wonâ€" occasions and had been handed money| dered, they would think that the cheâ€" for deposit in the Gonsales account, ques had just been cashed at the strâ€" should not be taken tcoo seriously, the| vice station as a courtesy to people. The advised erasure of the endorsement from the The relief bills were prepared by| backs of the cheques had made it even Perreault, the deposit slips were preâ€" pared by Perreault, the crown had claimed the defence said. The deposit slips had been produced. "Why doesn‘t the crown produce thos> bills?" asked Mr. Schroeder. Could Have Been Avoided "All the frauds could have been avoided if a little common sense had| been used in the audit," he said, They should have compared the time book with the payroll." Pages 151 and 152 of the payroll did not indicate anything against Perreault, the defonce said, but rather agairst Deluca. The insertion of the pages had been done when Miss Jackson was away ill at one time. The evidence of the handwriting exâ€" more difficult to trace. But in the 50 chequss produced that had been traced. to the Mattagami service station acâ€" count, the Subâ€"Way service station or Henry Perreault, Jr . personal account, all of them "bad," only one had the endors:ment of the account left on it. Got Nervous Again More nervousness led to the opening of the Gonsales account, the crown stated. In regard to the evidence of Ralph DeLuca, who said he had been taken over to Schumacher Perreault to maks deposits in the Gonâ€" sales account, the crown said there was no reason that Ralph should not be believed. His demeanor on the stand showed that he was telling the truth, the crown said,. On the $400 perts was of little value the defence; cheque that had been drawn on the said. *"There‘s never been a case known|Gonsales account in favour of Perâ€" where the crown gets a handwriting ‘reault, both handwriting experts agreed expert that the defence couldn‘t get‘thaL the words ‘"in payment of note one to contradict him," Mr. Schroeder|payable" were writtien in thesame ink said. ‘and at the same time as the Henry "Now as to the increase in the assets' Perreault, Jr. endorsemEnt on the back. of Henry Porreault in one year," said| Yet Ferreault had said that he had counsel, "those are bank statements.| just endorsed the cheque, that it had When we make statements to the bank,| been given to him with those words i The $400 cheque drawn on the acâ€" count of "E Gonsales" in Schumacher in favour of Perreault was explained by the statement by Perreault that DelLuca had told him "Gonsales" had owsd ‘him money and that when "Gonâ€" sales" had gone to make out the cheque, DelLuca had asked that it be made out in favour of Perreault. "Why was no record kept until Octoâ€" ber, 1934, if the agreement was made in May, 1833" asked the defence in regard to the little red pass book, which Deâ€" Luca claimed was a record of the money they had taken from the town and which Perreault claimed was a record of DelLuca‘s payments to him on account of the service stations. The prosecution had tried to make out that Perreault was the only one who could erase the service station endorstments from the backs of the fictitious cheques after they had been returned to the town by the bank, the defence said. At noon the door of ths town vault was often given only a half twist, it had been stated, and DeLuca could have had access to them then. It was when he was coming to the end of his rope that the erasures had been made, the defence said. The fictitious relief bills could have been placed in the ‘basket on the desk in the main office by DelLuca without Ferreault knowing anything about it. the defonce held. Referring to the falsification as a whole, Mr. Schroeder said: "The proâ€" secution says one man could do it. That does not prove that Henry Perreault was the second, third, fourth or fifth man. Maybe comeone else was workâ€" ing with DelLuca. He knew the system, he alone had ‘chargs of the payroll book. The suggestion that DeLuca had pa $1,150 more than the $1,000 agreed the cash involved in the deal, was n regfrded by the defence as importal The nine thousand dollars was a large sum for DelLuca to agree to pay for an interest in the service stations, th= deâ€" fence agreed, and Perreault admitted that it a good bargain for him. He had purposely placed the figure high so that D:Luca would not continue asking him for an interest. In regard to the sugâ€" gestion that Perreault knew how poorly off DelLuca was, the defence said that Ferreault had been told that DeLuca had a mortgage of $2,000 due from Charette and that Deluca‘s godfather would back him. Mixed Personal and Businecss Funds "How did the town cheques get int Perreault‘s private account? you ma ask," said Mr. Schroeder. Perrcaul carried the service station money a well as his own personal money aroun with him in his pocket, he told th court, and in making a deposit h might just have used one of the tow1 cheques in place of cash or as a shar of the profits, statements, yet Charctte said he LC not, the defence told the jury. The defence suggested that the bad cheques had r:uched the Mattagami Service Station account through Deâ€" Luca. In making up the cash for the service stations, the lawyer said, it would have been an easy matter for DelLuca to substitute cheques for cash before handing it over to Perreault for i CAOSE RATGC DRAIL we make statemen rtainly don‘t sho $10,000 as worth half interes and had ma auds became known | mornin statemen! o the ban a â€" buildir Inmne 11 not int. each pa De stand truth, chequ Ralph DelLuca had not been brought to the trial at the instance of Romeo, the crown said . Romeo had expressly said he did not want his brother to appear. "It was only when it was seen that it was important that he was brought here," the crown said. "All recordas of the town have been available to the defence,. Anything Mr. Sauve asked for, he got," Mr. Caldâ€" bick said ,referring to the defence‘s SÂ¥â€" gestion that some evidence had been suppressed. The defence could also have called any other witnesses it wanted to, he told the jury. It was true that Romeo DelLuca was an accomplice, a confessed criminal awaiting sentence, he said. But he had had no assurance from the crown and none from the court that any léeniency would be shown. stations. It had also been pointed out that it was a poor deal for DeLuca because the $9,000 total was much more than the places were worth. Rimeo Didn‘t Want Raiph Involved servIice S Perreault $1,000 ca: pa have tried to ge Montgom:iry at a stead of eight c statement showed The mose impo 1€ DeL Mr. C ually Durin en po ked iA uld 1€ ed to get in touch with Mr A1 :k produced the statement ?erreault the day after the discovered. Although he of the thing at about six vening before, he had not about it until the next en it was the mayor to at and not his superior at beca hC ‘ing the evidence of perâ€" f DelLuca who saw Perâ€" > cheque," said Mr. Caldâ€" as careful as could cover up all the traces." ory agreed in cvery parâ€" e rest of the evidence crown said, but the was exactly opposite in 111 nportant bit of evidence reault stated that he had n engineer to O.K. the uldn‘t he have been a ad been guilty, to urge K. the payroll book when chance that the fraud 2 Perreault is not such h about nine o‘clock inâ€" o‘clock. as his sworn vious address it had that the deal on the vas a poor one for only got > half interest in two ilso been pointed out or deal for Deluca 11 Telely: was shown to He had sucâ€" Mr. Schroeder 15â€"minute reâ€" @iddressed the rong plea ‘dict 02 " THE POR CTIPINE ADVANCE, TIMMINS, ONTARIO @Imost The partnership business was the best defsnce Perreault had, the crown suggested, and it had been prepared as a blind just in case the thing ever was exposed. It had besn drawn by Perâ€" reault, who was by way of being a lawâ€" yer. If the two service station men knew of the partnership agreemEnt as they had sworn, they were the only ones who did. Not even the bank had heard of it the agresment had never been registered. 1"DelLuca said it was an absolute blind. He never paid a fiveâ€"cent piece and it was never inâ€" tended that he should receive a half interest in the business," the crown told the court. If the little rea passbook were, as| The crown didn‘t use the handwritâ€" Férreault claimed, a record of payments ing expert‘s testimony much, but did made by DelLuca on the service staâ€"| point cut that Judge Caron had called the town hall, Mr. Montgom:ry. The accused saic he had tried to get in touch with Mr. Montgomery by teleâ€" phone at eight o‘clock the evening beâ€" fore, Mr. Montgomery had been in all evening until nine and the teleâ€" phcone had not rung. Let DeoLuca Escape ‘"What is the effeéect of this delay?" asked the crown. "It gave Deluca 14 hours to get out of town. What if he had wainted until the following Gay and Romeo DelLuca had been able to get out of the country?" C. A. Remus B Jeweller 17 Pine St. N. 31 First Avenue Schumacher Hardware Everything must be sold at ridiculously low prices SALE STARTS TUES., DEC. 10th â€" â€" _ â€" the picture that is always associated with Christmasâ€"tims in tradiâ€" tionally fine homes. Wil your home know it this year â€" â€" â€" continue to know it through the years, on all the holidays, every day, year in and year out? You‘ll enjoy it if you make your gift this year the loveliost of all gifts for the home â€"â€"â€" â€" silverware f r o m Remus‘. The Gleam . Candlelight on Silver Furniture, Hardware and Household Goods Slight Water and Smoke Damage Only Phone 190 $35,000.00 Stock of Watch for further announcement and Furniture Company in tht Ccasn depositing in curregncy The crown asked the jury to rememâ€" ber that Perreault was a careful acâ€" countant, yet he had mixed up the service station money with his own_ to such an extent that when he wanted to make a deposit in his own account, it was often that he used fictitious cheâ€" jues that the said DeLuca had put in with the service station cash. Analyses Town Account The crown made a searching analysis of the special account of the towh of Timmins over which Perreault had conâ€" trol. He suggested that Perreault had taken in, betwe;in Februray 18th and February 27th, some $284,87 in cash, together with a cheque for $23 from Chief Paul, He hnad then placed two fictitious cheaues amounting to $300 in the cash box, extracting the cash and depositing the cheques with $7,87 only in currency. The Faul cheque had not appeared on a deposit slip until March appeart Toth. The . In,â€". February . together w Chisf Paul ber that countant service‘s tions after the agreement was signed? Isn‘t it significant that after they stopped in February, the Gonsales acâ€" count was cpened in â€"Schumacher?" ‘ Ons cheque in particular led the crown to believe the story about Deâ€" iLuca putting in the town cheques to be }i'als.e. One cheque bore the date Deâ€" comber 31st, 1934. The deposit siip for the service station showed that it had besn deposited the same day. If what Porreault had said about DelLuca makâ€" ing up the cash was true, this cheque would not have been deposited unth the following day, the crown said The more fact of DelLuca taking the cash from the stations every night would not give him any idea of how much profit the places were making, the crown said. Perreault had stated that it was for this reason he had allowed DeLuca to make up the cash. { "Wouldn‘t you think that the large number of town cheques going throughl the service station accounts would have aroused suspicions, if he didn‘t as he says, know anything about the frauds?" asked the crown. "He must have thought that he wasl cashing nearly all the cheques in the' town of Timmins." | not have be ag day, the meore fact rom the h significant Dates up the two little books that sed to be the books of the ion, Mr. Caldbick asked: "I jeen a legitimate partnerâ€" you think that with an acâ€" andling the thing, we‘d have ing other than these two ja d Y ~and he was doing some ‘eite, the crown said the red.. Yet Miss Jackson DelLuca had said nothâ€" rt. ~*"Isn‘t it significant d"â€" town ~cheques only through the service staâ€" ) agreement was signed? ficant that after they the Gonsales acâ€" asked. Why 0 shown on it d DelLuca told that he wasn‘ and he was d _â€"which wo! ult otherw DeI 1 was absurd, the Perreault would t amount for an rest worth many of the $9,000 purâ€" ive bien paid out h would have beâ€" the possession o y police? Schumacher bys him and earning ird. two|@# 1€ “00000000000000000:0000 6660860000004 4806660900406 L0 0000044400009 06008404444 4 Referring to a false cheque with toid the jury that they might remaitr which Perreault paid a mtat bill, the Out as long as they wishedâ€"even if if judge said: "What is the idea of Per-: took all night. Althought it was desitâ€" reault giving a town cheque in a false able that they bring in unanimou;s name when he says he gencrally nad, verdice, they could bring in a report plenty of money in his pocket?" | stating that they were unable to react The evidence of Ralph DeLuca was a verdict. not given at the instance of Romeo, the judge agreed. INCREASE IN NUMBER ON Perreault was perfectly conversant} RELIEF IN NORTH BAY CIPY with conditions in the DelLuca house, the biench stated, for the two From North Bay there comes reâ€" thick friends,. Perreault had been go-!port of a marked increase in the numâ€" ing down there every noon and evenâ€" ber on relief in that city. One day rsâ€" ing, according to Miss Prince‘s evidenc>. cently there were no less than 16 famiâ€" Questions Service Station Agreement {‘lies added to thoe on ralief. At preâ€" "I‘m afraid it would take a long time sent thers are saigq to be approximately to pay for that service station. There 500 families receiving relief in North is nothing to show a profit for Bay. asked to consider that part of the‘lt 1: business. ' telli "What did Perreault do when he| heard of the thing?" he asked. "He| should have gone right awayâ€"delayed . Stol: his supper somewhat. But insteal, hs| Luci went home, had his supper,â€" didn‘t| said phone anybody and made this st-ate-i A3 ment he produces. . Even if he did Calle phone‘ at ning, he was not in that great hurry. DelLuca was gone. He ttuc gave him 14 hours to escape." At Referring to a false cheque with‘ told which Perreault paid a mtat bill, the Out judge said: "What is the idea of Perâ€"| took reault giving a town cheque in a false, able name when he says he gencrally had, verd plenty of money in his pocket?" | stati these cheques that his. Apparently he "The audit for the a very loose auditâ€" audit at all,"" said minded the jurvy t said it mad> should these is _ A was meant been flood admittsd chequs Mr. Cal "guilty" Je 0006000000000 0000040000000 00 000 0000400900006 it : Tal Judg ireful Remtimber your photograph is the gift that no one else can give Tudge Instructs Jury at 8 p.m. six good prizts on display in Marsha‘lâ€"Ecclestone‘s window xpla hi thing?" he asked. He; ‘"‘‘There has been more than $15,000 rone right awayâ€"delayed Stolen from the town of Timminsâ€"Deâ€" nmnewhat. But insteal, h:‘ Luca doesn‘t seem to be any richer," he ituditâ€"in said ury that T‘l in Cholce Folder with one 8 x 10 Enlargement it 11 In the Moose Hall Thursday, December 5th \dmission 50 cents Tax Included 11 Phis offer gocd during December only 1€ susp1ic10us JelLmca wa Cok it very past two y , as Mr. © isked M 11 1€ proil 11 ludge, hey wer 11 Hefreshments will be served e same Mr. In: iil just wh urtroom h heques," ] bu Regular $6.00 value iw h chat [ ail iving will be held not The final bit of evidence the judgs called to the attention of the jury was that the two men had bought the truck together. At nearly five o‘clock, Judge Caron told the jury that they might remain out as long as they wishedâ€"even if it took all night. Althought it was desitâ€" able that they bring in unanimous verdice, they could bring in a réport stating that they were unable to reach a verdict. was insia@ at the time and Ccould no have seen anyway. "For Perreault‘s evidenceâ€"you hay ssen his demeanour in the witngss box it is for you to decide whether he i telling the truth or not." he told th Chateauvert‘s testimony couldn‘t mea anything for he had signed the payro book without Ilooking at it, He was n expected to check it. The managers C the Mattagami service stations sai that DeLuca had been almost ever noon and evening. One of them ha tried to say that Raliph DeLuca had nc gone to Schumacher one day with Per reault, but it was later shown that h was insidz at the time and could no pa y “’ 400 Gonsales Lookinmng ove Speaking iron said id anothe y: ut all."‘ 1C His name does not even app books of the Mattagami or 81 rvice stations " 24 Pine Street North