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Judge sends Ethel man to jail for 3 months An Ethel man lost his plea of innocence in Wingham's provincial court, Nov. 15. Timothy Kendall was charged with the theft of a purse from a Wingham business on March 3. The crown's primary witness was Kendall's ex-common-law partner, who stated that she had cased a store for him before he entered it and stole the purse. Rebecca Wise of New York State told attorney for the Crown, Lyn Hall of London, that she had lived with Kendall from January 1994 until March of 1995. By the end of their relationship they had moved from the States, where Wise was a resident, and were living in Brus- sels. She told the court that they made frequent trips to Wingham and that on the day in question Kendall had asked her to go into Hanna's, to see who was working there that day. The store owner Althea Stuckey had earlier testified that she was alone in the store. Wise said Stuckey was in the basement when she went in and that she spoke with her before leav- ing. In her testimony Stuckey had said she did not recall having seen Wise. She did know the defendant, however, saying that he had been in the store several times. His behaviour at those times she said was suspicious. When Stuckey was cross-exam- ined by defense counsel Cynthia Weeks of Listowel, she said she remembered Kendall because she had a good memory for faces. "I've been (in business) for quite a long time so I do know a lot of people. If someone comes in two or three times I recognize them." After Wise left the store that day, she returned to the car and told Kendall that Mrs. Stuckey was alone and that she was down in the basement. She testified that Kendall got out of the car and entered Hanna's, coming out after about five minutes with the purse. Wise said that when they returned to Brussels he went through the purse. She estimated the amount of money in it as $300. Hall asked her how she knew the amount and Wise said that Kendall told her. Results of Canada's Alcohol and Other Drugs Survey (CADS) released Nov. 17 by Health Canada indicate that since 1989 the number of people drinking alcohol in Canada has declined 5.4 per cent. The survey also collected informa- tion on the consumption of pre- scription drugs, steroids, solvents, tobacco and the use of specific illegal drugs. Close to 5 million Canadians — 20.8 per cent — used prescription pain pills, sleeping pills, tranquilizers anti-depressants or diet pills (stimulants) in the last 12 months. More females than males used these drugs (23.9 per cent versus 17.7 per cent). For the first time, the questionnaire also included reference to the use of steroids and solvents. Overall, less than one per cent of Canadians reported either lifetime or current use of solvents. Less than 0.5 per cent of Canadians reported either lifetime or current use of steroids. The survey found that the use of specific illegal drugs (LSD, speed Stuckey had claimed in her testi- mony that there was about $900. When Hall asked her if she didn't talk to him about what had hap- pened, Wise said she told him she was upset. "I said I couldn't believe he had taken this woman's purse." Wise said the two of them then went to Kitchener. Enroute, Kendall got out of the car and dumped the purse. Wise explained that it was approximately one week after the theft that she and Kendall split up, not because of the theft, but because, "he beat me up." After the assault, for which Kendall pled guilty at an earlier court appear- ance, Wise's father came to pick her up and take her back to the U.S. She then contacted Officer John Nolan of the Wingham Police to tell him about the theft. "I waited until I got back to the States and knew I was safe," she said. Referring to Wise's role in the crime, Hall asked, "Why did you do it?" "I was afraid of him. He was in one of his moods. I did what he asked or I knew what the conse- quences would be," Wise said. Hall then asked her about two phone calls she had made to Kendall following the separation. Though Wise could not recall the specifics of the calls she said they were not attempts at reconciliation. When asked if she cared for him Wise responded affirmately, but added that she had mixed feelings about Kendall. "Would these mixed feelings cause you to lie," Hall asked. "No." "Well, some people do." "I don't lie," Wise stated. Hall then asked if she knew why Kendall wanted to steal the money. "We didn't have any," she said, adding that they were on social assistance. "You knew full well you were going to Wingham to steal money," Hall said. "Yes." In answer to questions from Hall regarding other ciminal activity, Wise said she had no record, but knew that Kendall did. Const. Nolan also testified, veri- and heroin) has risen 0.7 per cent. Health Minister Diane Marleau said that the study will help the federal government pursue its objective under Canada's Drug Strategy to reduce the social, economic, physical and psycho- logical harm to individuals, families and communities caused by the use and abuse of alcohol and other drugs. The 1994 Canada's Alcohol and Other Drugs Survey was carried out by Statistics Canada on behalf of Health Canada and involved telephone interviews with 12,155 Canadians, aged 15 and over, during the period September to November 1994. A similar survey was conducted in 1989. HELPING THE WORLD WRITE NOW • CODE Self-sufficiency through literacy in the developing world For information, call 1-800-661-2633 fying the date the theft had been reported and when he was contact- ed by Wise. Defense asked him about other allegations of theft that had been made by Wise against her client. "May I assume that there were no charges laid because there was inef- ficient evidence of any type of theft?" she asked. "I believe so," said Nolan. During his turn on the stand, Man denies entering store Kendall denied having entered the store, saying that Wise had stolen the purse. He did agree that they went to Kitchener and spent the money. He also admitted that he ' hid the purse. "Why would you get rid of the purse if you didn't take it?" asked Hall. "It seemed natural." "Why did you spend the money? It just seemed natural?" "Yes," Kendall said. In describing his then relation- ship with Wise, he said it was "good sometimes". When asked why he had beaten her, Kendall said that he couldn't remember exactly but believed it had hap- pened following a phone call from her father. "We had an argument and one thing led to another." "And you beat her, " said Hall. During cross examination Kendall admitted to a charge of assaulting a police officer in the late 80s as well as several theft charges dating back to 1979 and up to 1991. "Is it fair to say that based upon your record you're a thief'?" asked Hall. "Correct," Kendall said. In summation, Weeks noted dis- crepanies she felt between Stuckey and Wise's account of the incident. "Mrs. Stuckey said she didn't see Wise, yet, Wise testifies she spoke with her." Judge R.G.E. Hunter said, how- ever, that both Wise and Weeks's client say she was there. "This cuts both ways. The evidence is that she was in the store." Drawing attention to the time it took Wise to report the theft and the fact that Stuckey had not report- ed any other thefts, though Wise had allegeded that there were oth- ers, Weeks said the witness had made up a story. —Or she never missed the money," Hunter said. "It is clear that (Stuckey) was suspicious of your client." "That may have been hindsight," said Weeks. Hunter found Kendall guilty say- ing frankly that Wise was a "truth- ful witness" while he did "not believe the accused". After being denied a pre-sentence report, Weeks said her client was now in a stable relationship, was attending Group Delta, is employed full-time and is trying to turn his life around. He was also willing to make full resitution to Stuckey. Hunter sentenced Kendall to three months in jail, plus ordered that he make restitution in the amount of $300. Micromark The Ultimate Computer Store Full selection of computers, accessories and stationery supplies. We are an authorized 1BM, AST, CANNON, COMPAQ and H.P. dealer Sega & Nintendo 135 Wallace Ave., N. USTOWEL (519) 291-9633 Fax 291-9634 Health Can. releases drug survey results