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“Prison Terms Are Meted Out,” Hamilton Spectator. October 8, 1938. Page 01.

Three Years For Costello, Two For MacAvella Imposed By Court

A
total of six years in prison terms was imposed on three men who
appeared before three men who appeared before Judge Ernest F. Lazier in
county criminal court Friday afternoon.

Frank Costello, aged 21,
one of a family of seven children, was sentenced to three years in
Kingston penitentiary when he pleaded guilty to four charges of theft of
automobiles.

Douglas MacAvella was sentenced to two years in
Kingston penitentiary when he was convicted of the theft if six auto
batteries from the Super-Lastic Sales corporation. He was acquitted of
the theft of an automobile.

Albert Peddie was given a one-year
term sentence for theft imposed in magistrate’s court, when Judge Lazler
convicted him of breaking into the garage of Robert McKee, Cannon street
and Sanford avenue, and the theft of electric drills and other tools
from it.

Appearing for Costello, Joseph D. Sullivan said he had a
‘heart to heart’ talk with him at the jail, but could only account for
his misdemeanours by his disposition toward recklessness.

‘I agree
with Mr. Sullivan that a reformatory term would have no effect in
redeeming him’ said George W. Ballard, K.C., crown attorney, handing
Costello’s record card to the judge.

Detective Albert Speakman
testified as to auto thefts in August and September when cars were stolen
belonging to James Ray, Grimsby Beach; Hertbert Ticker, Toronto; Harold
Jaggard, Cathcart street, and R. A. Bergdorf, York street.

Car Smashed
Mr. Tucker’s car was found near Dunnville badly smashed, Detective Speakman told the court.

Called
by the crown to testify in the MacAvella case, two young women and a
young man who were playing tennis on the courts of the First United
church, said they saw the accused carry batteries and place them in a
car on August 26. Judge Lazier found there was insufficient evidence to
justify his conviction for auto theft.

MacAvella denied theft of
the batteries, and added he had obligingly thrown back two tennis balls to
the young people who had testified against him.

In Peddie’s case,
Detective Speakman told of stopping the accused in his car, finding a
wrecking bar, hacksaw, tools and a large pair of snips. Robert McKee,
proprietor of a garage which was broken into, identified some of the
tools by his initials on them.

MacAvella and Peddie were without
counsel. Both had records. The convicted trio were led from the court
room, their hands manacled together.

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