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HomeMy WebLinkAboutThe Exeter Times-Advocate, 1940-11-14, Page 6THURSDAY, NOVEMBER 14, 1940 WHY HIS HEADACHES WERE RELIEVED Wife Put Kruschen in His Coffee He could not understand why the headaches he had been subject to were suddenly relieved. His wife told him, and he at once sat down and wrote the following letter:— "I am 62 years of age, and ever since I was a bov of ten years, I was subject to very bad headaches. But two years ago the headaches eased up—for what reason I did not know. I was surprised when one day my wife told me I had been using Kruschen Salts in my coffee for over two years. I am still using them, as I know of nothing finer.”—J. T. Headaches can often be traced to a disordered stomach, and to the unsuspected retention in the system of stagnating waste material which poisons the blood. Remove these poisons — prevent them forming again—and you remove the cause of many aches and pains. And that is just how Kruschen Salta brings pleasant relief. Kruschen helps Nature to cleanse your body com­ pletely of all clogging waste matter. STEPHEN COUNCIL The Council of the Township of Stephen met in the Town Hall, Crediton, on Monday, the 4th of November, 1940 at 1 p.m. All members were present. The min­ utes of the previous meeting were read and adopted, on motion of Thomas Love, seconded by Nelson Schenk. Moved by Roy Rata, seconded by Arthur Amy and carried that this ■Council give a grant of $15.0i0 to the South Huron Plowmen’s As­ sociation. Moved by Thomas Love, second­ ed by Arthur Amy and carried that By-law No. 550 to authorize the payment of remuneration to Police Village Trustees and secretaries, sulbject to the approval of the De­ partment of Municipal Affairs, hav­ ing been read three times, be pass­ ed and signed by the Reeve and Clerk and the Seal of . the Corpora­ tion attached thereto. Tenders were opened for supply­ ing material for a metal clad shed to store power grader and other township equipment. On motion of Roy Rata seconded by Nelson Schenk and carried, the contract was awarded to the Metallic Roofing Co. Limited, of Toronto for $340.0'0'. Moved by Nelson .S-chenk, second­ ed by Roy Ratz: That the following payment voucher and orders be passed: Voucher sheet No. 10, $403.02; F. W. Morlock, postage on tax notices, $40.00; Queen Alex­ andra Sanatorium, pneumothorax refills re Lochner, $12.00; Treasur­ er, County of Huron, hospitalization re Baker, $12.2.5; Dominion of Can­ ada General Insurance Co., burglary and hold-up insurance for collector, $12.50; Bank of Commerce, cashing road cheques, $1.45; E. Tieman & Son, relief re Tyler, $10'.00; Anna Gill, rent re Jackson, $3.00; Muni­ cipal World, supplies, $1.08; H. C. Beaver, sheep valuer, $1.50; A. W. Morgan, grant to South Huron Plowmen’s Assoc., $15.00; Edward Gill, sheep killed by dogs, $49.00; Cora Gaiser, milk re Jackson, $6,51. Carried. The Council adjourned to meet again in the Town Hall, Crediton, on Monday, the 2nd day of Decem­ ber, 19 40, at 1 o’clock p.m. H. K. EILBER, Twp. Clerk. WORKMEN'S COMPENSATION STATEMENT During the month of October there were 8,543 accidents reported to The Workmen’s Compensation Board, as compared with 7,707 dur­ ing the month of September and 6,241 during the month of October a year ago. The benefits awarded amounted to $64'9,769.62, of which $525,- 641.97 was for compensation and $124,127.65 for medical aid. In looking at the increase in ac­ cidents this year as compared with last year, it should be borne in mind that there are many more men employed, quite a percentage of whom are working on new opera­ tions, and the tendency, under pres­ sure of war demands, to increase the hours of work, and thus the proneness to accident. Backache-Kidneys Cry for Help Most people fail to recognize the seriousness of a bad back. The stitches, twitches, and twinges are bad enough and cause great suf­ fering, but back of the backache and the cause of it all is the dis­ ordered kidneys crying out a warn­ ing through the back, A pain in the back is the kidneys’ cty for help, f Go to their assistance, Get a box of Doan’B Kidney Pills, A remedy for backache and sick kidneys, , “Doan’s” are put up in an oblong grey box with our trade mark a '‘Maple Leaf” on the wrapper, Refuse substitutes. Get ‘ * Doan’s, ’5 The T. Milburn Co., Ltd., Toronto, Ont. THE EXETER TIMES-ADVOCATE Dodge Found Not Guilty of Murder "/ had not heard from him for 11 years... Still another murder may remain unsolved for all time. At 8 o’clock Thursday night, after a three-day trial, a Huron County jury returned a verdict of “not guilty”, acquitting Sam Dodge, In­ dian of the Wandering Caldwell band, of the axe murder of James Kilpatrick, aged barn framer, which took place just north of Exeter. The Indian, father of four young children, the youngest in arms, smiled broadly as the jury repeat­ ed its verdict in unison at the re­ quest of Justice Urquhart. Discharged from custody, Dodge immediately embraced and kissed his young wife and children, all of whom had been in constant atten­ dance at all sessions of the court during the trial. He shook hands heartily with his counsel, Frank Curran, of London, and two assistants, Ian MacRae, of Strathroy, and J. Lome Dawson. London, with J. B. Reynolds, jail governor, and constables who had been his attendants. Freed by Judge “Dodge, stand up,” said his lord­ ship. “The jury has found you not guilty. You have had a nar­ row escape. I trust you have been taught a lesson on the evils of indulgence in this form of wine and, in your case, any brand of liquor. Liquor was responsible for you and Kilpatrick getting into this mix-up, You are free to go.” This morning Crown Prosecutor W. B. 'Common, K.C., and Frank Curran, defence counsel, each fad- diressed the jury for one hour. Jus­ tice Urquhart’s charge to the jury this afternoon was of three hours’ duration. In his charge his lordship told the jury that if they found there was reasonable doubt that Dodge did kill Kilpatrick or that he kill­ ed in self-defence then they must return a verdict of acquittal. If there was no reasonable doubt in their minds that the accused killed Kilpatrick then they must return a verdict of guilty. “If you find that Dodge was s,p drunk that he was not responsible for his actions the verdict should be manslaughter,” his lordship added. Mysterious Letter Dealing with the mysterious un­ signed letter, the highlight of the trial, Justice Urquhart said: “Is it a red herring across the trail? If the facts in the letter are correct then someone other than Dodge did the slaying. It is for you to say. In his address, crown' counsel referred to this letter as a “plant”. About 9 o’clock on the night of June 20, police answering a call to the Dodge farm neai' Exeter, found the body of James Kilpatrick in a pool of blood on the floor of the living room with his head bashed in. Dodge was found kneeling at , his bed, his head buried in his hands in the adjoining bedroom. His hands and clothing were bloodstained. There was blood on the floor and walls and a bloodstained axe was found in the woodshed. Crown called 16 witnesses to pre­ sent a chain of 100 per cent circum­ stantial evidence. The defence pre­ sented only three character witness­ es, taking up only 10 minutes of the time of the court. Asks for Acquittal At the reopening of the hearing Thursday Justice Urquhart refused a motion made by Mr. Curran, ask­ ing that the jury be instructed to bring in a verdict of not guilty on the ground that the crown had pro­ cured no evidence that the accused and the dead man were together at the time of the alleged killing. A 10-minute recess was granted defence to permit Mr. Curran to con­ fer with the prisoner before pro­ ceeding with the defence. Previously, Dr. A. H. Taylor, jail physician, had testified that Dodge was a strong, powerful, well-muscl­ ed man when examined by him the day after the crime. He weighed 171 pounds. Mr. Curran: “I understand he has* gained 16 pounds since his incarcer­ ation on June 20.” Dr. Taylor said he had failed to connect the presence of blood be­ tween Dodge’s fingers, allegedly that of the murdered man, with superficial and partially-healed wounds on the back of Dodge’s hand. Roy Patterson, county engineer of Huron, identified sketches show­ ing the Dashwood-Exeter road and describing the Dodge home, where the crime is alleged to have taken place, as a one-storey frame house with three extra rooms and kitchen in the rear. Albin Fawcett, Exeter high school teacher in charge of shop work tes­ tified that on instructions from Con­ stable Ferguson, he made sketches of the inside and outside of the house. He saw blood stains on the table and floor. J. G. Henderson, Goderich photo­ grapher, who identified photos tak­ en by him of the Dodge home on June 21, told defence cousel that he was operating under the late Provincial Constable McCoy. Perrin Potter, manager of the London Wineries Limited store, Loudon, identified a duplicate of an order for one gallon of wine and two quart bottles of same, which was signed for by James Kilpatrick. A gallon jar and two quart bottles of the same brand were put in'for identification. George Feagen, farmer and war­ den of Huron 'County, stated he had given James Kilpatrick a contract to raise a barn, and identified re­ ceipts given him by Kilpatrick for payments. Lucille Gilbert, 17, of Clandeboye, testified she had known Dodge for five years, coming to her uncle’s store. She saw the accused on June 19. There was nothing un­ usual about him. He bought some oil and drove a model A Ford car. iShe saw him again about 12.30 on June 20. Another man was with him whom she described as tall, thin and with partly grey hair. Both were in the store. Dodge bought groceries and paid for them. No Evidence of Quarrel To Mr. Curran, witness said Dodge was a little more talkative on the 20th than on the day before. There was no quarrel between the two men while in the store, and the accused paid for the oil he had purchased on the 19th. Lyman D. Moore, Exeter, was pitching hay on June 2 0th, when it was getting dark. He described seeing Mrs. Dodge, wife of the ac­ cused, going towards her home with two children, and in eight or nine minutes, she came to his home. As a result of what she told him, he took her to Lucan, stopping at his brother-in-law’s in Exeter. The lat­ ter went to the phone and called the doctor and the police. Mrs. Dodge, who was in the car, witness said was nervous, worked up and crying. He took her to relatives in Lucan, re­ turning to the Dodge home about 10.30 p.m. and police were there. The witness told defence counsel it was hard to distinguish details owing to the darkness. Ewald Gritzka, Exeter, who lives on the Dashwood Road, and was employed across from the Dodge home, said he saw a model A Ford ear on the shoulder of the road in front of the Dodge home on June 2 0. The accused was leaning over the radiator with his hand on his head. The door of the house was open. * The witness told defence cousel that he had known the accused for five or six months. His employer owns the Dodge house. He did not know James Kilpatrick. Constable Tells of Visit County Constable John F'erguson, one of the chief Crown witnesses, recalled that with Provincial Con­ stables McCoy and Lome Ruther­ ford he had passed the Dodge home about 7.40 p.m. He saw a model A Ford car on the road pointing west toward Dashwood. At ten minutes to nine the car wa^ still there and there were no lights in the house. At 9.15 the three con­ stables proceeded to the Dodge home and the car was in the same position. Witness entered the house first and found a table across the door which he pushed ahead and Constable McCoy followed. Lying in Pool of Blood The latter turned on a flashlight and found a man lying on the floor in a pool of blood. The door open­ ed into a living room and two bed­ rooms close together adjoined. The body was lying on its right side, across the southeast bedroom. Blood stains were on the bedroom door on the living room Side. In answer to the question as to the area of the blood stain, on the suggestion of the judge, he said it was as large as the cross-section of a pumpkin. There were stains on the parti­ tion. Witness did not see stains on the chair but did on the floor near the stove. Between the stove and the wall there was a splash of blood as if someone had crushed against it. Provincial Constable McCoy ex­ amined the body. There was a mark on the left side of the head. Found Accused on Knees Constable Ferguson described finding the accused kneeling on a pillow at a bed in the northeast bedroom. His palms were down and his head was resting on the [back of his hands. He wore a red shirt and his trousers were held by a belt, .Subsequently he saw a spot of blood on the lower left hand side of the shirt. He shook the accused to arouse him. He thought he (Dodge) was asleep or stupid. Dodge got up and reached across the bed, and when asked what he was reaching for the accused had replied “A hammer.” In his left hand he held two shingle nails. He sank again to his knees after he was helped up. i/ Witness when asked about the condition of Dodge,answered: "I would say he was drunk.” “Why do you form that opinion?” l“H.e was stupid. He could not answer question properly. He did not stagger.” The accused complained of a sore knee and wanted some powder to rub on it. The witness said, he tried to get the accused to tell him who the man on the floor was but he would not answer. Witness was called to the woodshed by Con­ stable McCoy and saw an axe lean­ ing against the wall. No assistance was required by Dodge to walk from the house, nor to get him in the car to take him to Exeter. Dodge had a sore on his left hand but wit­ ness saw no blood on it. To defence counsel Constable Ferguson said there was a great deal of traffic on the road and many travellers including “hoboes.” He had not looked for any other car marks. Provincial Constable Lome Ruth­ erford who accompanied Constable McCoy to the Dodge home, described the condition of the house as upset. He noticed a man lying on the left side of the room in a limp position, his hands'in front and a hole on the left side of the head looked as if it had been made with a hammer. He was sent for a doctor and on his re­ turn was instructed to stay with the prisoner. Dodge was sitting on the bed in his working clothes, a red shirt and dark trousers. He had on two shirts, a grey one under the red, and witness noticed two spots of blood on the cuff of the’ grey shirt. Asked as to the condition of the accused, the witness said his breath smelled of liquor, but he would not say he was under the influence of it. He had noticed a patch of dry blood on the accused’s cheek and his right hand had pronounced creases of blood between his fingers. Dodge had asked, “Is that Jim? Is he hurt 'badly?” When the witness questioned, “Jim who?” Dodge had answered that he did not remember people’s last names, that he had worked with him five days and only knew him as Jim. When Constable McCoy had warned the accused, Dodge did not answer but asked a question regarding a search for gen­ tian root on another occasion. A towel, showing blood stains, pro­ duced, was identified as the one used by Constable McCoy when he wiped off the hands and face of the accused. Court adjourned to meet at 9.30 on Wednesday morning. Mystery Letter Content of a mysterious letter which reached the hands of police seven weeks after the death of James Kilpatrick, was revealed in court Wednesday morning and ad­ mitted as evidence, after a lengthy discussion by Crown and defence counsel as to the admissability of the document as evidence. It was only after the jury had been sent out that the letter was admitted. A photostatic copy of the letter was read to the court by Constable Edward F. Wright of the Ontario Provincial Police. The document was found at the entrance to the farm home of Mrs. William Carrick, Hay township, who turned it over to the police on the day on which she found it. The letter read as follows: “Dear Friend: iSay Dan, the people will never know if we do not tell anybody about this. Say, it’s a good job if the police don’t find my finger­ prints on the axe handle. I told you we shouldn’t stop there, now we murdered James Kilpatrick. Say, never tell my wife about this. Well the old fellow is dead. He will never make any trouble for anybody again. I tried to keep this to myself but those poor little children and his wife—. The Indian was so drunk he didn’t know what was going on. I wonder if that was his wife com­ ing don the road with two child­ ren. I have been wondering if she didn’t get our license number. That’s why I told you to hurry up and get in the car. Please destroy this paper.” The letter which was unsigned and undated was produced in the form of a photostatic copy in court Wednesday morning. Found Letter in Lane iMrs. Carrick, in her evidence said she had found the letetr inside the lane at her home on August 7. .She said she had read the letter at the time and had then handed it over to Constable John Ferguson. She swore she had never seen the bandwriting before. She had read the letter three times and told Mr. Justice Urquhart she knew it off by heart. Dr. W. E. Weekes, of Exeter, was called to the witness stand to testi­ fy as to the condition of the body as he had found it soon after the alleged murder. Dr. Weekes said there had been lacerations of the skull and the side of the head with the brain tissues protruding. It was his opinion that something heavy had been used. Death, he declared, had been due to lacera­ tions of the brain and to hemor- ahages. Dr. M. C. Fletcher, also of Exeter, who had performed at the post mortem on June 21, said it was his opinion that death had been due to extensive injuries to the skull and head and to shock. A sharp heavy instrument, he told the court, would produce the sharply defined ** My brother had just landed at ‘ an eastern Canadian port’ when he telephoned me^ writes a correspondent. Imagine my delight — and surprise — when I recognized his voice right away!” Yes, your telephone gives absolute fidelity of transmission over any distance, and Long Distance Telephone Service is inexpensive, particularly station-to-station after 7 p.m. and all day Sunday. Why not let someone "know” your voice to-night? to Goderich.wounds. Dr. E. R. Frankish, medico-legal expert of the Ontario Attorney- General’s department, said he had examined the stomach and brain of the dead man and had found the stomach had a 4.48 alcoholic ■content and that the 'brain had a 1.7 alcoholic content. Dr. Frankish said lie considered this degree in the brain to be sufficient to place a man under the influence of liquor. Inspector Oliver, Kitchener, told of contacting Provincial Constable IMcCoy at Exeter on June 21, and his examination of the Dodge home. He came to the magistrate’s office in Goderich, where he was present when the accused made the State­ ment. Mr. IMcCoy questioned Dodge, and the answers were taken by Mrs. Mabel Gray, the court stenographer. In the statement read by Inspec­ tor Oliver, Dodge said that on June 120 Kilpatrick, with whom he had been working five and a half days, called for him, to go to shingle a roof. Gould Renicnibci' Nothing As the weather was unfavorable, .they Went to Lucan and then to London, where Kilpatrick had pur- ' chased wine. He ..told of stopping , several times on the side of the road ! to drink. He said he could remem­ ber nothing until he came to in the Exeter lock-up. The witness in answer to a ques­ tion of defence counsel Curran, stated the accused did his best to answer the questions. Mrs. Mabel Gray recalled that on the 21st of June she came with late Constable McCoy to the magistrate’s I office to tae down the accused’s j statement. The conversation was j started by Provincial Constable Me- i Coy and the statement was taken in I narrative form, after warning the j accused, a warning previously given in the presence of Constable Ruther- I ford and again in the presence of i Inspector Oliver. j Witness swore the statement rep­resented everything that was said ' to Mr. Curran, She testified that accused spoke as if he had nothing • to hide, j Constable Rutherford re-called, j stated he was not present in the ; magistrate’s office when statement ; was made, but that he was present 1 when the accused was warned by ; Constable McCoy on the road from | Exeter when bringing the accused > Dead Two Hours Dr. W. E. Weekes, Exeter, tes­ tified he had known the accused for twelve years. He was called to the Dodge home on June 20 and saw the body of a man lying on the floor. There was a wound on the side of the head. He did not agree with the position of the body as shown in a photograph put in as an exhibit. He presumed the man had been dead two hours. Brain tissue was protruding from the wound, in which there was a quan­ tity of iron grey hair. The nose was broken and there were other facial injuries. He gave as the cause of death lacerations of the brain and hemorrhages. Justice Urquhart—“What con­ tainers did you see?” “A gallon container with a little liquor in it, and a partially filled bottle.” Saw Blood on Axe (He had formed no opinion as to the condition of the accused. There was fresh blood and hair oh an axe in the kitchen shown him 'by Constable McCoy. In his opinion something heavy had been used be­ cause of the nature of the lacera­ tions of the skull and the brain tis­ sues. The wound on scalp on the left hand side of the head was clean cut. Asked by Mr. Curran what the effect of alcohol was on Indians as compared with white men, Dr. Weekes said it is more pronounced, on the Indian, Dr. M. C. Fletcher, Exeter, who performed the post mortem on June 21, testified there was a gap­ ing wound on the left side of the head. He said that a sharp, heavy instrument would produce the sharply defined wound. Dr. E. R. Frankish, legal-medico expert, Toronto, who examined the contents of the stomach and brain of the victim, authoritatively stated that the stomach contained 44.3 al­ cohol and the brain 1.7, This degree of content in the brain would produce two degrees of influence. It might make one per­ son friendly, affable and a good­ time spirit, but on the other hand, he might be ugly, offensive, abusive and want to fight, Kilpatrick, he said, had certainly had enough to i i I 1880^^^^1940 -^YEARS Of POMIC GEO. W. LAWSON, Manager. make it unsafe for him to drive a. car. To justice Urquhart the witness said he would call the contents of the two bottles cheap wines, clas­ sified sometimes in the terms of “jungle” or “whoopee”. The in­ fluence of a man intoxicated with cheap wines hangs on for several hours, making him stupid. Doctor from Reserve Testifies Captain T. R. McLeod, former Muncey Indian Reserve physician, now located at Woodstock Military Hospital, gave evidence for the de­ fence based on nine years’ experi­ ence that the effect of wine on In­ dians, mentally, is more severe than on white people. Indians become intoxicated more easily. “The Indian ‘goes’ for cheap wine—it has a more lasting effect.” I i i i i Huron Fruit Show The Huron County Fruit Growers’ Association are planning to con­ duct a Fruit Show in the Agricultur­ al 1B°ai'4 Room, Clinton, on Friday, November 22nd. The display will feature all late fall and winter varieties including Macintosh Red, Northern Spy, Snow or Fameuse, King, Tolman Sweet,. Greening, Golden Russet, Blenheim Orange Pippin, Baldwin, Stark, Sa­ lome and Ben Davis. The objective behind the Show is to advertise apples so as to stimu­ late the sale of them locally and throughout the province. The following is the program for the day: 11.30 a,m.—Fruit in place; 11.30 to 1.30, Judging of entries by J. J. Johnston, Dominion Fruit In­ spector, London, Chas. McPhail, Holmesville; 1.30 p.m., program, Mrs. D. A. Smith, president, in charge, official welcome, Warden George Feagan. Address on Ad­ vertising, Harry J. Boyle, C.K.N.X., Wingham. Moving pictures of scenes at the 1939 and 1940 Huron Fruit Glowers’ Field Days. 4.00. p.m., Auction sale of Fruit, Thos. Gundry, Sr., Goderich, auctioneer. All persons interested in fruit are invited to attend. The display of apples will demonstrate the quality and the different Varieties grown to perfection in the County. KENEW now