Loading...
HomeMy WebLinkAboutThe Exeter Times-Advocate, 1963-02-28, Page 1celebrates Pancake ,Day ri ns train at CE Ninetieth Year EXETER, ONTARIO, FEBRUARY 28, 1963 Price Per Copy 10 Cents NDP, Sixteen Nigerian students ar- rived at RCAFStationCentralia Tuesday night to begin a con- centrated 18-month training course in Canada. The group, it is understood, will form the nucleus of an air force training program for the new west African republic which recently received its in- dependence from Britain. The students flew to Centralia from Ottawa, accompanied by F/L Pat Clermont. 'rhey will receive officer training and basic Chipmunk flying instruction at the local station, then go to Penhold for Harvard training. At Clinton, they will attend the school of instructional tech- niques. Their final training will be taken at the flying instructors school at Moose Jaw. Worthless cheques bring jail sentence Whether or not the so-called "splinter parties" will field candidates in Huron riding re- mains a question. There doesn't appear to be much action--or enthusiasm-- by either party at the moment. J. Carl Hemingway, Brus- sels, last year's NDP candidate, gives a straight "no comment" answer to the question of whether he will stand again. Nor will he discuss the party's plans for the coining contest. "I have no comment at all," he said Tuesday. Since his campaign last year, Mr, Hemingway has become a director of FAME--the far- mers' meat processing co- operative. It may be that Hem- ingway wishes to avoid impli- cating the co-operative politi- cally because it might hurt the current share sales campaign. Last year's NDP riding chairman, Harold Stewart of Goderich, told the T-A Wed- nesday he has resigned from that position, although he's still a strong supporter of the party. No successor has been appoint- ed. "We've had one meetinghere but nothing came out of it at all," he said. An organizer from the provincial headquart- ers is expected to visit the riding shortly. WILL NOT RUN Earl Douglas, London, who ran on the Social Credit last year, says he isn't run- ning again and doesn't know if there will be a candidate. "I haven't had anything to do with it," he said. "I didn't Dinner opens e.k cks n id really run last year, you know. I just let my name stand to give Social Credit some publicity. I'm not a politician myself." Douglas, who owns a cottage at Hayfield, was the Sacred organizer in this district and let his own name stand, ap- parently after failing to get a candidate here. He said he is still working with the party, but not in this area. Another party man, Herb Ileppner, London, is in charge of Huron, he revealed. Questioned about a recent statement that the Social Credit plans to field candidates in all ridings this election, Douglas indicated this might not be the case, particularly in this area. "Huron and Bruce are so spread out," he said. "I don't know what we're going to do". He said the party was "very active" in London, with at least three persons seeking the no- mination. Last year, both Hemingway and Douglas lost their deposits. Hemingway drew 1,130 votes and Douglas 456 out of a total poll of 21,857. JOHN GAISER, CREDITON Reaches 96 with his pipe Exeter police constable Lloyd Hodgins investigated the case. Allan Taylor, RR 1 Grand Bend was fined $20 and costs for "failing to yield". The ac- cident in which he was involved resulted in $800 damage after he drove out of a side-road to hgihway 81 and in front of an- other car. PC Cecil Gibbons in- vestigated. SECOND JAIL TERM Harold Mundy, who was char- ged in Exeter with theft in 1961 and who failed to return for sen- tencing a monthlater, was given two months in jail. He is now serving 60 days for theft in Stratford and the new sentence will run concurrently. Mundy, after being charged in May, 1961, was released in his own custody on $200 bail and was to return to be sentenced in June. He said that he became dissatisfied with his employ- ment and left before the month was up to take a job"outwest". PC Harry Reid investigated. FAILS TO REMAIN George Suplat, Zurich, was fined $20 and costs for failing to remain at the scene of an accident in which he was in- volved on Highway 4, December 14. James Donnelly, Goderich lawyer, on behalf of Suplat, said that his client had stopped far- --Please turn to page 12 Grand Bend village is strongly behind Dave Jackson, said Eric Mcllroy Monday in Sarnia. "If this city supports him in an equal manner 'per capita there will be no doubt of his election, of April 8". The event was a $10 a plate testimonial dinner held in the Village Inn, Sarnia. One hundred supporters paid. Mr. Jackson, insurance and real estate broker, Grand Bend, is the conservative candidate in Lambton West. Guest speaker was Alfred Hales, Wellington Sout MP, who gave statistics showing the accomplishments of the government since 1956. He also laid down the points on which Diefenbalcer defended his stand on nuclear warheads. Candidate Jackson quoted a recent statement of John F. Kennedy that Canada's econo- mic stability is better than any other indistrialized nation, Mr. Jackson said "to keep the re- cord straight, I want you to know I am a Diefenbaker Tory. It's time for Canadians in all walks of life to stand up for Canada." indecent assn uit case remanded An Usborne township man, Roger Marchand, 32, RR 1 Cen- tralia, was arrested by OPP here Monday on a charge of in- decent assault. He appeared in magistrate's court here Tuesday and was remanded in custody until Go- derich court Thursday. John Geiser, who smokes a pipe almost continually, marked his 96th birthday at his home in Crediton Sunday. He's one of three members of a family, who are all nona- generians. His brother, William also of Crediton, is 98. His sister, Mrs. Carrie Foeltzow, Detroit, is in her 90's too. John Geiser lives with his daughter, Clara, in his Credi- ton home to which he retired in 1944. He formerly operated a farm west of the village, on which his son, William, now lives. lie has one other son, Lorne, of St. Marys, and four grandchildren. Allan Simpson, RR 1 Camp- belville, Tuesday was sentenced to five months determinate and 12 months indeterminate at Guelph reformatory for issuing worthless cheques to local mer- chants. He was given four and 12 months because of cheques issued in January to two local stores and one month for a cheque issued to a third in Dec- ember. Magistrate Hays noted that Simpson had been sent to re- formatory for six months in 1962 for a similar offense. "You should be getting a year", he said and he later told Simpson that if he ever appeared under similar circumstances in this court again, "I'll send you to Kingston". Simpson, who had no legal aid, changed his plea from guilty to not guilty, and after speaking to a lawyer, to guilty again. He said he had sent for moneyto "make restitution". "I know I did the wrong thing", he said. "I have a bad habit of not keeping a pro- mise." He indicated that he intended to put money in the bank to cover the amount of the cheques but had not been able to do it. "Your mistake was not in failing to put money in the hank but in writing the cheques", Mr. Hays said. The pleasant smell of pancakes and syrup pervaded through St. Marys Anglican Church, Brinsley, Tuesday when several hundred people in the district gathered for the annual Shrove supper. Little fellow up top investigating the main dish is eight-month-old Kevin Morgan, son of Mr. and Mrs. Joseph Morgan. Top centre, Mary Hodgins, eight, daughter of Mr. and Mrs. Harvey Hodgins, and Nancy Scott, nine, daughter of Mr. and Mrs. Gordon Scott, fill up their plates with anticipation. Top right, shows only a portion of the crowd, and only one sitting, which enjoyed the repast. Directly above, cooks Mrs. Wes Lewis, Mrs. Don Scott and Mrs. Harvey Hodgins, kept roasting pan full of pancakes for the customers, --T-A photo Can't shoot dog unless stock in t Handing down a 12-page writ- ten judgment Tuesday, Magis- trade Glenn Hays, QC, found Richard Etherington of RR 1 Hensel' guilty of "wilfully and Without lawful excuse" wound- ing a dog kept for a lawful purpose. Etheringten was fined $40 plus costs, a total of $56.70. The incident occurred Nov. 28 on the farm Of Jan Bregmen, fifth concession TJsboriie„ the owner of the Mx-Montl-Old fe- male Which was wounded, The magistrate ruled that Etherington, Who fellowed to the Hregmah farm orie of a number Of dogs which had been Molesting his sheep, "took the law into his own hands and he thereby deprived Bregtnan Of his legal rights and his day in ebtirt. to defend his dog's We". Mr. Hays Said he "can fully understand the natural nation And resentmeht. . kindled in the accused" by the Attack on his sheep and the killing Of two yang egVee on Bregnien'e farm "Ma Mee *Mid feel an impulse to do Vihat they could to end kat liapPeninge. .116WeVet, ;ouch Meet Only be done Within the rather Well defined betiiidariee Of the law. Defence Wheel Bell thafiked the magistrate kir such eXtette impression, rightly or Wrongly, that he is justified in taking a. certain course of action. The finding concluded: "If he knows that much less violent measures would attain his object, he is not justified in killing or wounding an entree." Mr. Hays continued: Offree:s.:asmumrestrumma dog came from where it was lying near the barn when Breg- man called it and was shot by the defendant at short range with a .303 gUn he was carrying. The shot went through the dog's body but she survived after five days' treatment by alocal vete- rinary surgeon, "The averments that are in dispete and in respect of which the defense is based are that the wounding Was done "wil- fully and without lawful excuse" both Of which are requiredto be proven under criminal code. The defence further rests on the provisions of Section 371(2) which provides that no person shall be Convicted Of an Offence under Sections 8'72 to 88/, thus inclusive of the section In tries- ben, where he proves that he acted with legal justification or The c-o-l-d statistics excuse and with colour of right. "should have been in the very "In addition i orpoSsiblyinci- act of killing. . ." dental to these other defences, He quoted Halsbury's Laws it is urged for the defendant of England on criminal law and that there was not present in procedere: his action s the elements of "To kill, shoot or injure an- "irlens tee" or guilty Meld, other man's dog without legal necessary foe a criminal con- justification is an actionable viction as distinct from civil wrong at common law. It is no liability In damages. legal justification that the dog "After perusal of the law re,. wes trespassing. In order le- levant to this SituetiOn which I gaily to justify Such an act it Will proceed to' analyse, I hatie must be proved that it was done concluded that it is riot feces- Wider necessity for the pur- eery for me to make a detete pose of protecting the person or urination of whether or not saving property in peril at the Bregman's dog was the collie Moment of the act . . . dog described by the defendant e A Shriller rule exists in as having Worried his sheep criminal cases. It IS no de- earlier that morning, I have, fence to a charge of unlawfully as stated, found that both Mr. and maliciously killing, wound- end Mrs. Hregnianhave aMoral. Or bona fide certainty Of the big or maiming a dog that it Wee trespassing at the time, but innocence of their dog, with if the accused "roves that the reasonable grounds detailed_ by act Was necessary end that he there for so belleeing. I feel could save his property in no that the defendant is likewise other way, he is entitled to be entitled to have me believe acquitt ed.believe ', . that he had a like certainty of iq conclude from the above Atinetteeenieets . . . . , . . 10 the dog's guilt, , . , .—. that legal justification or excuse Church NOtideS.. . v. . . 10 The magistrate also noted would not be fOund for the Coming. tvents . 4 * . 4 16 V li 10 trent the evidence that gther. WrAinding hi the itietatit tee° Editetiele . 6 6 .1 4 it Y. '1 .. 2 higtOii, bedatieeef hie comments even aSsitining thet it Was lb Farm News . . . . . . ... 6 on deg owners generally, "WaS fact the dog that had earlier Feminine' Fade' ill ektreintly ajijitehenSiVe of the injured the sheep and teettlete Patielee . . . . . .. . v .. 5 keeping of dogs by farmers in sed . on the principles and rules lidnsall v 6 v v 6 v v v , „,. 4 the leCality0„ of the common law as the deg Uteri . v 6, i v , v . -. v , 11 on the point of legal Alta" was net a present danget to the Sports v ..,Y . . v T 144-6-6 6 fleation, Me. Hays referred to defendant or his steekedieneliet gtige.t and ided . , 0 . .. 11 tOttitriet laW principles in trig. .ridar its owner bane Want Ads , 4. 6 * t. .6 6' i 6 1 bfid Which suggest that the dog Ecrtimiti ditibti be eeeetee; ,tati "In the instant case, I think that the accused, in a detached frame of mind, at least, would know that a complaint to Breg- man, civil suit against him, or resort to a court under S. 16 Of the Act, for an order for the dog's destruction, application to the Township forternpensation, any one or more, would have been less violent measures and would have attained his very understandable object of pro- tecting his sheep. The measure adopted was violent in the ex- treme, particularly considering the place and circumstances. "I accordingly find that the element of mans rea was pre- sent in the alleged offence, and the rule in Halabitry, No. 857, quoted above seems to have been followed in the courts. "This leaves for deterrninae lion whether the prosecution has shown that the act was done "There has been no sugges- tion that the defendant shot at the dog for any purpose other than wounding arid probably of killing it. I have do hesitation In Making the inference that he knew that the act he did—shoo- Wig the dog, which act caused the wounding, would prObably cause the occurrence of such event, and Was reckless Or I Would say deliberate tnwhether •sitch event occurred Or hot, tqt'utther to this A tratiteript sive consideration of the case. "This ehOuld be put on record," said Hell. "It may create a law for the benefit of persOns inthe position of my client. It is difficult probletri and has been given exhaustive treatment arid' ask that my client eleetild not be penalized for his Moral judg- ment." In answering a to e atioriby Mr. Bell, Mr. Hays agreed that if the dog had been killed on the Etheringtoii pretniees the.,de- cision would have been differ,' tilt. "The spirit of the legis, letioe calls for livestock being in danger at the tithe.". The 'magistrate's judgment reviewed the evidence given at the trial and dealt with the arguments presented by Elniee D, Bell, QC, defence tettneel, and 'Croton Attorney W.G. Cacti- retie, QC. A, number of court cases, and the prinCipleS of the common letV Of England, Were considered in the judg- ment, part Of which is repre- dUced beloved "The eVIde ti c e established that the defendant carne. to outside the barn on the. farm Of Jan .Bregreari, at :poet 10 aeiti, and questioned nr01110 about ownership of e female yellow collie dog, Witiehile peeled 'of having Wattled eheeP on the defendant's farm *hid adjoins thatof tregnaatioarlier the Morning, bregiriall°S of his testimony relating to Mr. Bregmares protest that his dog had been at home and also on the grounds of immaturity just before the shooting previously referred to reads " 6. Jan, like every man I have approa- ched about dogs hi our neigh- bourhood, immediately feels his dog is innocent. . • "I feel that tire logical exten- sion of his views on dog owners, So expressed, was that Bregman could not be persuaded to volun- tarily restrain, if not destroy, his dog and that resort to court where the issue could be resol- ved as to damages and indeed as to the life of the deg after due hearing, was not to be en- tertained or risked as to out. come. lie decided to take the law into his own hands and he thereby deprived Bregnien his legal tights and his day in court under H. 16 of the Act to defend his dog's life. "On these considerations, to the extent that the law requires me to find affirmatively or' tie , gatively on the.issue of bad Mo- tive, I find, affirmatively, that such bad motive did exist, vTite accused May wonder whether in the above conside- rations 1 have sufficiently Con- sidered the provocation that he felt over the threat to his sheet), animals which are 'so likeable in their nature" and lielpleSS tine ..Please turn to page 12. Met section at RCAF sta- tion Centralia reveals the mean temperatures for Jan- uary and February 1963 are the coldest since records were begun there in 1948. Average for January was 14 degrees, compared to' the former low mean of 16 in 1948 February mean, with one day to go, is about 16 too, Former low was 16 in 1958 and 'again last year, High est mean tempera- tures for the 'months _have been 31 degrees in both cases. In January that Was reeerdedIn 1550. For' Feb, ruaryi 1064, The 'past week hae helped to keep the February aver- age down.. The lows hare been 2 -1 .4, 6, 6, 2 i and -7. in some cases arise from pro- vincial law and the only rele- vant act is The Dog Tax and Cattle, Sheep and Poultry Pro- tection Act, R.S.O. 1960, which no longer contains the pro- vision for killing dogs at large without a tag. "In considering the object of the act as directed by the In- teepretation Act, the sections thereof subsequent to Section 10, and in particular 5. 16 set out above, Should be Considered. The legisleture has thereby provided for destruction Of the guilty dog that escapes the pre- mises of the endangered live- Stock, by order of a magistrate after a legal determination of the Issue. It also provides for compensation to the owner Of the livestock by the municipality and recovery thereof from the dog owner, "I consider that the clear :lateral meaning to be taken from a reading Of Section 10 aforesaid is to reettectthe per- Mated killings to the preiniseS on which the livestock en. dangered is kept and that the manifest intention of the legis- lation, the decisiOns the-teeny and the corn m 6 n law back- ground, so indicate. In a discussion of vcolour Of right", Mr. Hays quoted a test case finding in which the judge said it wasnot enough that the accused should be under the