The Goderich Signal-Star, 1975-01-30, Page 28•
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16-x- 'ODERICH SIGNAL -STAR, THU,ttSDAY, JANUARY 30, 1975
A7
ills, Fortner' testimony varies on several points.-:.;...
(continued from page 1 he about to lie to cover up
bullet from my gun," the shooting.
testified Constable Fortner. Fortner told the court that
"1 don't' know jvhat he did when Carl Henderson tickled t
with it. I never got it back." .him under the chin, he
Fortner said - that the . considered it to, I e assault.
situation had left hien shaky He said he . thought the
and that he had emptied' his situation was tense and that
gun and put the shells iii his, by tickling Henderson back
pocket. He then told Hillis to he would relieve it.
adid the station to getHenderson testified earlier
,x•
Sergeant. ' George Bacon that he tickled Fortner
•dow•rl there and advised Hills because it was better than
tlto return himself. "hitting him in the head."
Under direct cross, Fortner said that when he
examination Constable tickled Henderson the crowd
Fortner told the court that chuckled and he felt the
Hills did not know Carl situation was under control.
Henderson was on the door. He went on to say that he
He said that he°. did not see was pushed, his hat was''
anything wrong w, th the knocked off three times, he
manner in which Hills drove was poked in 'the stomach by
away from the scene. • a three pronged instrument
"Why did you tell Sergeant he thought was a toy spear,
Witter that ` nigh't that Hills he' was insulted, stepped on
had dragged Carl Henderson and •that he was pinned to
800 feet,when today you 'tell 'the cruiser by the crowd.
us it was -only 30 feet?" He told the court that he
asked defence- counsel. thought a show of force
Chester Misener. • wolald be foolish under the
"I guess the situation left circumstances. He said he
,t me hanging and I was up- thought about drawing, his
-set," rep.lied Fortner. "In all billy but ruled it out due to
fairness I must retract that the odds against him.
statement." "My real concern was for
Misener then asked my hat, belt, gun and cuffs,"
Fortner if this shakiness' he said Fortner. LL'I -grant you
was experiencing was the the crowd was a bit unruly
reason for • the other gross.'but this is not unusual,"
exaggerations" in ' his "I worked to put down
statement given that night. what could Piave had serious
I•n his written statement consequences and the shot
Fortner said, "I must note was• fired and everyone went
that I was nearly killed as haywire.- I " worked for
was Henderson when the car nothing," said the 13 -year
drove off. I cotrtdhave-fallen veteran -of -the force.
from the cruiser and Hen-
under the wheels:'' .
- "After you made the
statement ¶why didn't you
make an attempt to tell the
chief constable that it was
wrong?._Why- did you make
him think that Hills knew
Henderson was on. thq car
and that he was trying to
harm him?" questioned ,Mr.
Misener.
"I offer no reason" sir,"
Fortner replied. °
The defence counsel went
on to point out several other
.discrepancies between
°Fortner's 'mitten statement
and his testimony.
On' the witness stand.
Fortner,. said that ••he• had
seen the shot fired. In the
statement he ,said that it
wasn't' until they were
artving down Victoria Street
that the thought entered his
mind that Hills had shot .at a
boy :for pouring pop on a
' ,traffic ticket. • ..
"Th•er'e e.r'e two thoughts
that entered 'rny mind at the
time the shot was fired,"
said Fortner: "I 'thought
there May have been, a bank,
holdup at the Bank of
Montreal and 'Hills had. seen
something- that I didn't, or
that he was firing 'at the
bey."
"I .didn't hear. him holler
stop," testified Constable
Fortner. •
Fortner said that by the
nature the questions were
asked he assumed . Halls
want%d him to lie about the
incident,,, He ° added , that
'under no. circumstances was
mission and by testimony of
Chief Pat King, is a very -
good, shot.
"I could have shot him and'
1 could have hit him," he
told Crown Attorney Doug
hear me 'yell stop:?,,,," to find
restaurant from their ,arena because he "didn't, feel the
out if For,tnet„,had heard the
job when they saw the group careless driving charge was ,
warning. Hills said ' that
gathered a"t the cruiser. fait-'.
when he asked Fortner he
They said tkey were forced
to. watch the shooting since No tFortner had heard him shout
ime left
''they could not get around the
Page. ' the warning to Wayne Jones.
crowd.'
Hills said the situation He said he asked the
Ron. Sowerby told the court
caused hirn. 'some concern cimestions close together and
Fortner wastl at the rear of
but that he felt he and his at the" same time and that he
the crei'rserra.Lhe time of the
partner •could handle .it. He was*" not asking Fortner to lie
shooting.. Sowerby, said he
said at no time did they call about the shooting,
had a clear view of Hills an,i
for reinforcements. Fortner made no reply
demonstrated the method
Constable Fortner was not except to mumble, "that
,which Hills drew and fired,.
in the car althe time the pop stupid . HendersonT„ said
He imitated w Tat Hills had
was poured, according to Hills.
testified to.
Hills He said he did not say Constable Hills testified
"some bastard poured Pepsi that he had handed his gun Sowerby said he did not go
on it," when Fortner sup- to Chief King when^the chief to the, station that night but
u
posedly asked him if` it,was requested it back at the offered his "statement later
ready. He Said 7ortner did station. He said the gun had when he ,read the account in
not ask the question. six shells in it because' he the newspaper He: said he
°Hills said he radioed had reloaded it at the felt Hills was getting the
dispatch as soon as he: station. `' cheap side of the bargain
returned to the_ cruiser after "It's my practice to' keep a and offered to help.
the shot was fired. fully loaded gun when I'm on
Hills said that when they duty," he said.
left the scene,a The Square 'ap,' idn't the situation make
he began to drive around in you lose your cool?"• asked-
search of Jones. He said • the Crown, ,
they went down North. "I don't ^ think I
Street, back up Colborne to overreacted. I wasn't mad at
,.The Square and then down' Jones, I was concerned
West Street. He added that about" the whole incident,"
he asked Fortner about tile replied Hills.
incident when they were in The defence counsel called
the vicinity of East Street two witnesses to the stand
-looking for the youth. who were on The Square at
He added that he asked the time of the shooting.
.Fortner the questions, "Did -..Ron ' Sowerby' and Steve
you -hear anything? Did you
.Constable Halls ' told the
court that he felt real con-
cern for the safety 6f himself
and Constable Fortner as
well as the property of the'
police department. 'He said
that for these reasons, plus
the fact that he wanted the
,boy to stop, prompted him to
fire the shot.
He -added that he wanted
the unruly crowd to realize
that policemen were there on
official duty and noto`to be
ridiculed.
Constable Hills testified
that at the ti -me of the
shooting Fortner was
standing 'at the rear of the
ck uiser and 'Was- no;t in the
car. He said he got back in.
the 'cruiser and told Fortner
to get in.
Fortner replied. "OK, got''
and Hills backed the car up
slowly. He then heard a
scraping sound and when
Fortner shouted "John",
Hills saw Henderson on the'
door. He testified he, then
slowed -the cruiser and
Henderson got off., He said
.all this ,happened in about 30
feet and that the car was not
going -faster than •ei. ht miles
per hour.
Hills said that when he
drew the gun he hollered for
Wayne Jones to stop and
then fired a shot in the air;
. He demonstrated, his action
and claimed. the gun was
aimed 45 degrees in the air
and,, 30 degrees away° from
the running .bo. .
,Hills, by his `" own ad -
SPEED
QUE
Yi
4fi
Rin
1$
5*.'ld Qs
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Or
Featpres: 4 Convenient Settings, Including.burable
Press; FastrEfficient Washing; Rinsing and
7 Spin -Drying; Durable Polypropylene Agitator With 4
High Vanes; Wafer and Suds Saver; No Special
^PlumbRequired.- '_
►ERVlCE
0010111110N DIFJAIE
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4061011(0!l��30 VICTORIA ST. NORTH. . • 524��5e 1
Allen ` were driving
Steve, Allen . testified that
Fortner was at the rear of
the cruiser when the shot
As fired. He said that he
was concerned that someone
was going to be hurt and felt
Fortner was doing nothing to
solve th p roblera. A 1 l e n w a s
considering helping th.e
officers when the shot was
-fired.
r'I didn't see the Shooting
but 1 saw the cruiser leave
the scene, said Allen, He
tor Hills
to a offered
to
testify
this year
'for sugar beets
Agriculture Minister
Eugene Whelan conceded
Monday that there is np time
left for rebuilding the sugar
beet .industry in South-
western Ontario this year.
He was questioned in the
Commons by R..E. McKinley
;(PC--Huron-Middlesex) who
said the time is fast ap-
proaching when farmers will
be deciding what crops they
should plant in 1975. . He
asked the minister if ° his
proposal to re-establish the,.
sugar beet industry. in South-
western Ontario has
received favorable con-
sideration,
Even if it did receive
favorable consideration
there is no way they would
be able to plan. on planting
sugar beets this year, that is
for sure," said Mr. Whelan.
"I hope I have ° not said
anything that could 11,.e so
construed."
The'
"Match"
' c'
of the Year!
l:
See The Clifton "Old Tim r
. battle .
the Signal Star. "Paper Leafs"
Thursday, Feb. 6
at Clinton Arena
At 1:30 p.m.
1
11
of the
•
FROM OUR
SUPPLY HOUSE
iED&\ig
FOOD
STORES
OPEN NITELY ,
TILL 10 P.M.
•
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Prices in effect Monday,•Jan. 27th, until closing time, 10:00 p.m.,
Saturday,.Feb. ;1st, 1975, or while quantifies last.
WE `RESERVE THE RIGHT TO LIMIT QUANTITIES'
0
•.1 VICTORIA STREET GODERICH.
BONEL: , , , : ,, • a . _ _ DESS,
FULLY COOKED
w 2V '- 3 LB,. AVG.
1.59
BRANDED • 'BLADE BONE REMOVED
BLADE or ,SHORT RIB ROAST .a 99c
_ MAFLAFDN FRY MAPLE -LEAF 8 VARIETIES 6 OZ.'
SAUSAGE ca. 89c\COOKED _ MEATSciYC
CROSS RIB OR CHUCK ROAST B1.O9
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119cCOOKED .PKG.
HAT
MAPLE. LEAF. NO. 1
LB. 79c
WIENERS
FRESH
GROUND BEEF �e,$9C
DEVON •RINDLESS
BACON LB.1• 9
..
MAPLE LEAF BONELESS FULLY COOKED a.
DINNER PORK .SOULDER
.
LB.4$
1 49
CROWN BRAND 10 LB. $
2
T'
.99
CORN SYRUP.
CARNATION' ' 12 OZ. PKG.
i.19
HOT
CROWN BRAND R 2 L'B. JAR
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69c
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LUNCHION
MEAT
KINGIZE
1-:
12 OZ:
,T,114
79c
MAXWELL HOUSE 10':OZ. 'JAR
INSTANT COFFEE
$2.39
CH[ESESPREADINGERSO16 OZ. JAR
99c
MAZOLA 32 FL OZ
L89
CORNOIL
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..BABY DILLS
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E 1.29
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73/4 OZ. TIN
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FACIAL TISSUE
228"49c
KLENEX
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I.99MARGARINE
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E
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1
SAVARII - CHICKEN, TURKEY,
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19 FL.
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VIM POWDERED MILK $1.79
2- LB.
BAG
2 ,R,F
20 LB. BAG
$ IC CRIA•
9
STEMS & PIECES 10 FL. OZ. TIN Mt 2:49c,ASTR.A MUSHRQ�O LIB:BY'S14 FL. OZ. TIN
3 /
SPAGi-IETT1 .,
24 FL. OZ. BOTTLE
1-
DETERGEIT
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KIDNEYBEANS.TN3 1
L. OZ: 14 F
99
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PROD. OF USA NO, 1 .GR.
HEAD LETTUCE
PROD. OF USA, NO..1 GR.
G�REEN'CABBAGE .
FLORIDA
GRAPEFRUIT
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49c
89c
1/2 GAL.
$1.39
AVON , ' .19' FL. OZ. TIN F
3R
WHOLE 'POTA^TOES
'., PRIDE OF. JAMAICA
MARMALADE FL,OZ, JAR� 1 29
MAXWELL HOUSE a • '
' . PKG� ROASTEbCQFFEE1LB
219c
8 FL OZ
McCORMICK
1 LB B."9
SODA CRACKERS
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19c '
2FLAVOUR.ORANGE ,.. 99c
w CRYSTALS340z, PKG. OF s.
9/$ RED ROSE OR NG'E PEKOE
1 TSA •BA.. G- S
99i
1ADOZ69c
DOZ79c
MANDARIN
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FLORIDA TEMPLE
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WILKINSON SUPER SWGRD - r
R A � �•R B�L;A.D�E ��
69c
$9c
24.OZ.
LOAFS
F
L
0.
3 CIT., HOMO
49 FL. OZ.
2%-
9t
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