"Crown Not Prosecuting," Border Cities Star. May 9, 1934. Page 7.
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Lord's Day Act Cases Up to Municipality, Says Mr. Allan
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Trials Postponed
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Parole Breaker Asks For Hearing at Place Where He Was Sent Up
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Before Magistrate Brodie laid over until next week hearing of the charges of operating on Sunday brought against six Windsor factories, in police court today, Crown Attorney James S. Allan announced he is in possession of definite instructions from the late Edward C. Bayly, K.C., deputy attorney-general, in connection with prosecutions under the Lord's Day Act. These, he said, are purely a matter for the attention of the local municipality and the Crown has no connection with the prosecutions.
SIX FIRMS AGREE
All six firms were represented in court and agreed to the postponement. They are: the Windsor Bedding Company, Limited; the Canadian Containers Company, Limited; L. A. Young Industries, Limited; Bryant Pattern Manufacturing Company, Limited; Kelsey Wheel Company, Limited, and Auto Specialties Company, Limited.
His Worship explained to Walter Anderson that his request for a trial in the city where he broke his parole would have to be considered by the Attorney-General's Department, with little reason for expecting it it to be granted. Anderson elected a jury trial on the charge of breach of parole. He was arrested as a vagrant in Windsor.
Assistant Parole Officer E. J. Hetherington testified that Anderson was convicted of forgery in Toronto in 1932, sentenced to three months definite and nine months indeterminate in Guelph Reformatory and paroled after about four months. He reported to the parole officer three times, it was stated, and then disappeared.
"I learned a lesson from the time I spent in Guelph," Anderson declared. "But the hours were too long at the hotel in Niagara Falls where I was working and d I I set out for another job in Toronto. I was afraid they might send me back to Guelph because I didn't tell them I was going, so I did not report.
GETS BENEFIT OF DOUBT
The proverbial "benefit of the doubt" was extended to Clarence Cosgrove, 20, in a charge of stealing automobile tires from a trailer at the Kennedy Collegiate Stadium. Mrs. Margaret Cosgrove, his mother, told the court Clarence could not have taken the tires, since she knew his every movement during the period in which the theft occurred.
"Clarence was never in any trouble," she asserted stoutly. "His younger brother runs around with a bad lot. He told me the other boys took two tires, not these, and drove a car away some time ago. It might have been them, but not this boy. Two of the lads my younger son runs with have gone away on the freights and no one knows where they are."
Board of Education employes identified the tires, and W. Lecroix, from whom Cosgrove bought his car a few days before the thefts, declared the allegedly stolen property was not part of the equipment sold. The tires on the car at that time, he declared, were worn almost to the cord. Accused claimed he had noticed no change in the tires.
"Do you mean you bought a car without looking at the tires?" inquired the bench. "I thought the car was worth five dollars without tires at all," Cosgrove explained.
DENIES GUILT
A plea of not guilty was entered by Robert Cochrane, 17, who was not allowed to plead when he appeared on an auto theft charge last week because his father was not in court. Cochrane, senior, put in an appearance today and the case was remanded to May 14.