#drunken attack

“Soldier Gets Two Years For Assault,” Kingston Whig-Standard. April 2, 1940. Page 1 & 12. ---- Ward Rayworth Sentenced in Court Today - Companion Remanded --- Following a lengthy hearing in city police Magistrate James B. Garvin Tuesday afternoon found Ward Rayworth and Howard McGowan, soldiers stationed at the cereal building, guilty of assaulting and robbing Norman Carpentier of $7 at the foot of Clarence Street late on the night of March 31.

The assault took place near a C.P.R. work train on which Carpentier was engaged. They were charged with using violence on Carpentier  

Rayworth was sentenced to two yeas in the Kingston Penitentiary as it was revealed he had a police record. 

McGowan has no record, and for this reason Magistrate Garvin remanded him until Thursday in order to give more consideration to the case.

Evidence revealed in court showed that Rayworth had served several terms in Moncton for breaking and entering.

Magistrate Garvin stated he had been very lenient with cases in which soldiers had been involved, and that he would have to give Rayworth a sentence owing to his record to serve as a deterrent to others.

Men Identified Carpentier identified the two soldiers charged as the parties who assaulted and robbed him, and evidence was given about money being found on the two soldiers when they were taken to the police station and searched. 

There was evidence that McGowan had two two-dollar bill in one of his boots and a one-dollar bill in his trousers pocket.

It was also revealed in evidence given by Constables William Cods and David Plotz that when Rayworth was searched, he had $2 in his trousers pocket and also had a bottle partly filled with wine. 

There was also evidence offered to show that a button belonging to McGowan’s military coat had been found near the scene of the assault. The coat and the button were produced in court. 

Saw the Assault Bemey Lunn, a soldier, testified that he had witnessed the assault. He swore that the two soldiers accused were the parties who made the attack on Carpentier. 

Sergt. Henry Wolf testified that Carpentier had identified the two man accused as the parties who had assaulted and robbed him at the police station the night of the assault. 

George Weymark, an employee of the C.P.R., gave evidence about finding the button off a soldier’s coat near the scene of the assault. 

Pleads Drunkenness Rayworth in his defence, told his counsel H. A. McNeill that he had been intoxicated the night of the assault and robbery was charged but that he could not remember anything that had happened. He stated he was very drunk. Accused said he “had been drinking everything" and when asked by the magistrate what he meant by this he stated he had been drinking wine, gin, and rum. 

Rayworth also stated that he had money of his own on the night in question. He mentioned the sum of $3. He denied robbing Carpentier. 

Denies Robbery McGowan admitted he had been with Hayworth and that he had been drinking. He stoutly denied having robbed Carpentier or having kicked him. McGowan also declared he did not see Rayworth take any money off Carpentier. 

McGowan said that on the night in question, he had $6 of his own money on his person. He said he had $2 in one of his trousers pockets and $4 in one of his shoes. There had been evidence that McGowan had blood on his coat but aroused told Mr McNeill that the blood no doubt got on his coat while he was at work as he was engaged in the kitchen at the cereal building.

Leo Shoot a soldier rolled by the defence for McGowan stated he saw McGowan in front of the Frontenac Hotel on the night of March 31 but that he was “just standing by" while Carpentier and Rayworth, he stated, were engaged in a row. Witness said ha saw Rayworth strike Carpentier. McGowan denied kicking Carpentier. 

Dr. Robert E. Anderson, intern at the Kingston General Hospital, told about the injuries Carpentier suffered including fractures of bones in his face and cuts and bruises on his face. Witness said on cut under the left eye required three stitches to close. 

McGowan stated his home was in Winnipeg. Rayworth said he had been living in Moncton and that he was 35 years old and married with two children. He had not been home for almost four years. McGowan also stated he was married. 

Speaking to MoGowan, Magistrate Garvin stated he had learned he had no record and he believed that possibly he had been led into the trouble.

“In the Police Court - Hero Was Sorry - For Assault On Officer.” Sudbury Star. August 20, 1919. Page 07. --- Winner of Croix de Guerre Fined $30 And Costs - O.T.A. Cases Feature Police Court Docket. --- Returned men who take the law into their own hands are being shown no special favors in Sudbury police court, Magistrate Brodie commented to this effect Monday morning when he fined Louis Bertrand, winner of the Croix de Guerre, $20 and costs for a dirty attack upon Officer Blackburn of the municipal police force. Bertrand was arrested on Saturday for drunkenness after he had started a row in a cafe. While on the way to the police station he threw the officer to the ground and kicked him. A $10 and costs fine was also tacked on for the B.O.T.A. Bertrand enlisted with the 159th and later transferred to the 119th. He said he did not remember any of the incident and that he was sorry for what he had done.

Fighting Drunk. David Levesque was fighting drunk Sunday. He rented a room in a boarding house and proceeded to kick the furniture around and to fill the air with foul oaths. When the landlord remonstrated with him Dave said he had paid for the room and could do what he liked, but a $15 and costs fine should serve serve to change his mind.

Just a Few Bracers After walking from Victoria Mine to Sudbury through Sunday’s heavy rainstorm Robert Kadrocean thought he was entitled to a few bracers. He was cold and wet, he said, and needed something to warm him up. Robert took one too many, however, sufficient to warrant an interview with the police. Ten and costs.

No Good for Rheumatism. Joe Buckle tried to make out that he crippled up as he was with rheumatism, was not as drunk on Sunday as his walk would indicate. True, Joe is none too steady on his feet, but that had nothing to do with the smell which emanated from his mouth. ‘That stuff won’t help your rheumatism any,’ commented the magistrate as he levied the usual fine.

Broke Up Little Game Lep Perriter, O. Lemieux, and John Keho were down from the government road building camp at Westree over the week-end. They had nothing to do Sunday evening so they started a little game of ‘five and ten’ in a room in a restaurant. The Chinaman made no protest, but P.C.Carmichael, who happened in took an entirely different view of it, with the result that the trio each paid $1 and costs Monday morning for gambling on the Lord’s Day.

Not British Subject Counsel for Mike Medig, an Austrian jitney driver, contented that as Mike had been in this country since he was six years of age he should be looked upon as an alien enemy. Mike neglected to register, or to secure permission to travel. He offered the novel excuse that the baby had torn it up, and counsel added that in any event the police were no enforcing this order-in-council so stringently now that peace with Germany was signed. Crown Attorney McKessock differed with accused’d counsel on this point, as did Magistrate Brodie, who assessed Mike $10 and costs.

Defaulter Out on Bail The case of William Tremblay, alleged defaulter, was laid over for a week. Tremblay was taken into custody on Aug. 11th, by M.S.A. Inspector Perkins and bail allowed in the sum of $250.

“Raisin Wine, Inebriate And A Revolver Are Ingredients In Melodramatic Adventure,” Border Cities Star. June 25, 1919. Page 03. --- ‘The Power of the Split Raisin,’ might well be the title of a drama that was staged on Langlois street Tuesday evening, with Ernest Tillard in the leading role. The story as unfolded in police court Wednesday morning held the court and court habitues spellbound.

Tillard, the star performer, admitted to drinking two quart bottles of wine that he has had ‘salted away’ with a few ‘split raisins,’ but beyond that he claimed his mind was a blank and admitted nothing.

Evidence submitted by Alex. Symenski showed that Tillard, wobbling under the influence of liquor, and brandishing a revolver knocked a boy off a bicycle, and then entered the witness house, 261 Langlois street, and after breaking sundry articles of furniture, struck Mrs. Symenski on the head before withdrawing.

Upon regaining the street he commenced to shoot things up, firing twice in the air. A third shot might have ended the days of a stranger who rushed him, but for the shell missing fire.

Officer Pero made his entrance into the drama at this stage, and is a second or two had Tillard overpowered and handcuffed. However, in getting the prisoner to the police cells the officer had his troubles, which were accentuated by Tillard’s mother, who leaped on Pero’s back. Unlike Sinbad, the Sailor, he was able to shake her off, but she gave him further trouble before he reached the sanctity of headquarters.

The gun was a vicious rim-fire revolver, and two of the chambers were still loaded with ball cartridge, one being the shell that missed fire.