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Posts Tagged ‘conscription in canada’

“Sinn Feiner Gets 15 Years In Prison,” Toronto Globe. September 28, 1918. Page 07.

J. E. Plant’s Sentence Of Death Is Commuted – ‘Conchy’ Given 10 Years.

(Canadian Press Despatch.)
Niagara Camp, Sept. 27. – The first drafted man in camp to be sentenced to death by the general court-martial is John Edward Plant of the 2nd Battalion, 2nd Central Ontario Regiment, whose sentence was promulgated this afternoon at a garrison parade. His sentence, however, has been commuted to fifteen years’ imprisonment in the penitentiary at Kingston, and this was read at the promulgation by Captain Roy Parke, Adjutant of the 2nd Battaltion, 2nd C.O.R. Plant is a Sinn Feiner, and refused to perform military service in any capacity.

Johnston Marks of the 2nd Battalion, 2nd C.O.R., who is a conscientious objector and refused to put on uniform, was sentenced to penitentiary for ten years.

Col. K. I. McLaren, Camp Commandant, was in charge of the parade for the promulgation of the sentences.

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“No Jury For The Inquest Being Held Today,” Sudbury Star. August 21, 1918. Page 03.

Witnessses to Tell Story of the Shooting of Defaulter.

The inquest into the death of Cyprien Gareau, the Blezard Valley defaulter shot by Dominion Officer Tougher at a farm house last Saturday morning, is taking place this afternoon before Coroner Dr. W. R. Patterson, without a jury. The body has been at Henry’s morgue since last Saturday.

SHOT AT UNDERTAKERS.
Undertakers who went to the farm house at Blezard last Saturday afternoon report having been shot at from the bush, near the house, several times, while several automobiles have also reported that they have heard bullets whiz by in the same locality. While the police do not place much credence on the reports of shooting, which they attribute more or less to imagination, the undertakers are emphatic they heard the reports of the rifles and the whiz of the bullets close to their rig. It was while returning with the body that the shooting incident occurred.

OFFICERS GIVEN SAFE CONDUCT
In direct contrast to the visit of the undertakers is that on Monday afternoon o provincial officers headed by Inspector Storie. The inspector reports he drove purposely past the spot from which the shots were supposed to come, and all was peace and quiet. This may be accounted for, however, by the fact that a brother of one of the defaulters who is at large was in the vehicle with the officer.

There seems to be no doubt but what there was shooting. The undertakers say they met several soldiers, belonging to the district and home on harvest leave. The soldiers took to the bush as soon as the firing started. They later emerged with their tunics under their arms.

STORIES VARY SOMEWHAT
Visits to the scene of the shooting were paid by Inspector Storie on Monday and again on Tuesday. An investigation was conducted and witnesses subpoenaed for the inquest. The Inspector found that the stories of the Dominion Police and that of the relatives of the deceased man tally up fairly well, except that there is a difference of opinion as to who fired the first shot. Those at the farm house say the officers fired first, but this is not borne out by the investigation. 

FOUR BULLET MARKS
There are four bullet marks inside the house. These bear out the story of the Dominion officers that the first shot, from which Officer Tougher bears powder marks on his face, passed through the roof of the lean-to of the house, where the deceased man was located when Tougher pulled back the curtain. The bullet mark is in the roof. There is also a bullet hole in the front door, which tallies up with the police story that a shot was fired through the closed door at the officers as they were retiring from the house. The next shot was apparently fired by Tougher after the door had been re-opened. This shot passed through the body of the dead man, who was apparently standing in the door of the bedroom, hit a knob on the bedpost and careened off into the wall. There is also a shot in the window sill, also fired from the inside, which so far has not been connected up with the story, unless it was fired to scare the officers away.

MAY GIVE HIMSELF UP
Hopes are held out that a younger Gareau, brother of deceased, also a defaulter, will give himself up before the inquest. Relatives have given the police assurance that they will advise the young man to take this course, and it was hoped that he would surrender on Monday, but the plan did not materialize. The authorities were given assurance that he would be produced before August 24th, the last day of pardon extended by the Minister of Justice.

Crown Attorney Miller is acting for the Crown at the inquest and Mr. B. Boutet for the family of the deceased. Mr. Boutet has also paid a visit to the scene of the shooting.

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“Defaulter Dead In Clash With Military Police,” Sudbury Star. August 17, 1918. Page 01.

Officers Were Targets of Fusilade of Rifle Firing.

Cyprien Gareau, aged 28, Blezard township, a defaulter under the Military Service Act, is dead from gun shot wounds received in a Dominion police search for defaulters last night. The shooting occurred at the hom of the deceased, a mile and a half from Blezard postoffice, about 3.30 this (Saturday) morning. Coroner Dr. W. R. Patterson was called by the Dominion police to attend the wounded man and found him dead. An inquest with a jury will be held Monday. Officer Tougher, who shot Gareau, surrendered himself this morning before Magistrate Brodie and has been released on $2,000 bail bonds.

With five Dominion police officers Inspector Tolmie left Sudbury last night, acting on information as to the whereabouts of a number of defaulters in Blezard township. The Gareau home was the third farmhouse the police had visited, the search of the other two having been fruitless. It was about 3.30 this morning when the Gareau home was reached. Inspector Tolmie, with two officers, was in the house examining the papers of two men, when one of the officers stepped over to a curtain which partitioned the room, in search of any other male residents of the household. As the officer threw back the curtain he was fired at point blank by a man sitting on a bed behind the curtain, only a few feet away, holding a rifle. The officers backed away and emerged from the house amid more rifle firing from inside the house. Officer Tougher responded with one shot from outside the house through the door, with the fatal effect. There are two Gareau boys defaulters under the M.S.A.  The other brother was in the house at the time, but escaped.

The Dominion police squad were not all armed, not anticipating trouble. After the affray Inspector Tolmie left three of his men on the Gareay farm as guard and came to Sudbury for rifles and ammunition, returning about 6 a.m. Throughout the night there was some firing from the bush and when the squad left the scene at about six o’clock this morning their departing automobile was subjected to a fusilade of rifle shots from the woods.

It was not until seven o’clock this morning, when a truce was declared and the officers re-entered the house, that they knew the tragedy has occurred. No outcry was made and as soon as young Gareau’s condition was learned the officers immediately summoned medical attention.

The most positive definance of the Military Service Act is evident throughout the Blezard Valley section, Inspector Tolmie informed The Star today. There are over forty defaulters and deserters listed in the district and there is not a day that some incident is not reported of lawlessness that is credited to the defaulters, including the theft of calves, sheep and fowl, and store burglarlies alleged to be committed by them in search of food for the several hiding places. The defaulters have shown nothing but contempt for the recent amnesty extended by the Minister of Justice. Word has been sent by friends to every one of the forty names posted, and there has been only one response to the offer of pardon.

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“More Objectors Placed On Trial,” Toronto Globe. August 1, 1918. Page 10.

Three Men Before the General Court-martial at Niagara Camp

One A Sinn Feiner

Another an Austrian Who Is Ready to Do Service at Home

(Canadian Press Despatch.)
Niagara Camp, July 31. – A general court-martial was held here this morning, when Lieut.-Col. A. J. McCausland, of the 2nd Battalion, 2nd C.O.R., presided at the trial of two men, Sherman S. Babcok and Joseph Toorish of the 1st Battalion, 2nd C.O.R. Lieut.-Col. G. L. Francis of the Railway Troops Depot presided at the trial of a third man, Paul Joseph Forst of the 2nd Battalion, 2nd C.O.R. in place of Col. McCausland, as Forst is a member of Col. McCausland’s battalion. The other members of the court sat throughout the trial of the three accused, and were: Major F. P. Myles, Major A. A. McKenzie, Capt. W. R. S. Richardson, Capt. L. H. Bertram and Lieut.-Col. J. A. MacDonald, Judge Advocate. The prosecutors were Major S. H. Bastick and Major C. P. Mackenzie.

Babcock and Forst are conscientious objectors, and Toorish is a Sinn Feiner who was charged with having ‘willfully defied authority’ by refusing to put on the King’s uniform, and having declared that he would not fight for the British, who had killed his people in the Sinn Fein rebellion in Dublin in 1916.

Reads Statement of Views.
Toorish is a big fellow, of good education, a native of Dublin, a confessed Sinn Feiner and an office clerk. He had written a lengthy statement of his views on the question of Great Britain’s treatment of Ireland and the people of the south of Ireland, and his reasons for refusing to don the Khaki in behalf of the British and the other allies. This statement he was permitted to read, and it was put in as evidence in his defece. He said: ‘If the British Government had put Herbert Asquith’s Home Rule Bill into effect, Ireland would not be in her present position of antagonism to the British. The Sinn Fein rebellion in Dublin in 1916 was the direct outcome, and I believe the rebellion was justified.’

Toorish feelingly referred to a lady who was very dear to him, and whose life was to have been linked to his, whose death he said was due to British bullets. ‘The cause she died for,’ he said, ‘is a good enough cause for me to die for too.’

Casement and Carson.
Toorish cited the difference in the treatment of Sir Roger Casement and Sir Edward Carson, the first named ‘a loyal Irish gentleman,’ having been shot in the Tower of London, and Carson admitted to the British Cabinet, though both men were in the same boat, so far as their connection with the Germans had been concerned. Toorish positively refused to recede from his position of opposition to the British Government, and expressed himself ready to be ‘sacrificed’ for his opinions.

Disclaims Pro-German Sympathy.
Toorish is a native of Strabane, County Tyrone, Ireland, and before coming to Canada nine years ago was a student at Dublin University. He has resided in Toronto several years. He was candid enough to admit that his sympathies were not with the British in this war, though two of his brothers were fighting with the British. However, he would not admit being a pro-German. He was loyal to Ireland, he said, and he was a Sinn Feiner.

John Doughtery, 425 Annette street, Toronto, and Daniel Roughan, 98 1/3 Bellwoods avenue, Toronto, both natives of Ireland, gave character evidence on Toorish’s behalf.

Professes Conscientious Objector.
Sherman S. Babcock pleaded guilty to the charge of having refused to put on the uniform. ‘I am a child of God,’ he said in his defence, ‘and I feel that it is against the Lord’s will that I should kill anybody.’ He declared that he would not obey the Military Law, and would take what punishment was in store for him as a result of his stand.

Babcock is 22 years of age, and a harnessmaker by trade. He said he did not belong to any sect whose tenets forbade him performing military service.

Objector, Not an Enemy.
Paul Joseph Forst, an Austrian, who was naturalized, had refused to put on the uniform, and claimed that it was because of his religious belief that he would not take part in military affairs, not because of his Austrian origin. He professed to be willing to do work for the military cause, but said he would not wear the uniform. He based his religious belief on books published by the Ecteric Society in California, he said.

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“Trunk Caused Suspicion At C.P.R. Station,” Sudbury Star. July 31, 1918. Page 05.

Found to Contain High Wines – Other Police Court News.

A suspicious looking trunk in the baggae room of the C.P.R. was the object of an all-day vigil by Provincial Officer Grassick on Friday last. The officer was awaiting the arrival of the owner, and when he failed to appear, the trunk was removed by License Inspector Kilpatrick and upon examination was found to contain six gallons of high wines. The trunk came from Montreal. Alex. Brunet, carter, Saturday evening appeared at the baggage room with a check for the trunk and as a consequence was summoned to police court Monday morning to tell what he knew of the affair.

COURT WAS SKEPTICAL
A rather hazy story was told by Brunet Monday morning the court was skeptical as to its truthfulness. A lady had met him in front of the Queen`s Hotel, he said, nad handed him a baggae check to get the trunk at the station. She was sitting in a rig at the time and Brunet was unable to give her name or description. At the station he was told that the trunk was being held by the authorities and that the lady would have to come herself. According to his own story Brunet went back and reported to the lady that the trunk was too heavy for him to handle, at the same time returning the check. The lady, of course, never called for the trunk.

In giving Brunet the benefit of the doubt the magistrate commented on the fact that it was almost unbelievable that a woman with a vehicle should ask a carter to go to the station for a trunk, and frankly told Brunet that he (Brunet) knew more of the circumstances than he had told. His Worship issued a warning that the next offence would not be dealt with so lenitently.

PASSED STANDING STREET CAR
John Lahti had sold his Studebaker car but the transfer had not yet been approved of by the department, and although he had disposed of the car he was held responsible for driving past a standing street car on the Copper Cliff road. The case was called Saturday and laid over until Monday to allow Lahti to get hold of the real offender, John Ajola, who pleaded guilty. A fine of 41 and costs was levied.

MANY WITHOUT PAPERS
The Dominion police continue the good work of rounding up defaulters and aliens without papers. Scarely a morning passes but what a half dozen or more appear.

Monday morning the aged parents of George Chalotte appeared in court with their son, who was in the custody of the Dominion police. Chalotte’s exemption expired June 1st and he has since failed to report. The magistrate had no alternative but turn him over to the military, despite his pleadings that he was the only support of his parents. The aged mother sobbed bitterly as he was taken away, despite the comforting words of the magistrate, who explained that they should be proud that their son was going to be a soldier, and that they would receive as much or more financial support from the Government as they had previously received from their son.

Wm. Babcock and Norris H. Soucie were also handed over to the military authorities as defaulters.

TEACHING A LESSON
Magistrate Brodie Monday morning made good his threat, repeated several times in the past few weeks, that an example would be made of aliens who failed to carry their papers, when he fined John Lozoscrack $5 and costs. Excuses no longer will suffice.

Four Italians appeared charged with failing to carry papers.

‘How do I know you are Italians?’ asked the magsitrate. ‘You might be British subjects for all I know. I will give you twenty-four hors to get the proper papers.’

FARMER FINED $300
Abraham Jackson, a farmer of the Kelly Lake district, Saturday morning, was fined $300 and costs for having liquor in a place other than a private dwelling. In addition he drew done a fine $10 and costs for disorderly conduct in the house of a neighbouring farmer, A. Israelson.

MOTORISTS ARRAIGNED
Four local motorists, Dr. W. J. Cook, W. J. LaForest, David Lawila and Simon Maloney, were arraigned Tuesday morning, charged with passing a standing street car while passengers were alighting, at the post officer corner on the evening of July 26. The motorists pleded not guilty and while Magistrtae Brodie commented that the practice was becoming too common, his Worship pointed out, however, that the car stands at the post office corner some time at various intervals and considered the motorists should take the matter up with the council and have the regulation rectified. The case was remanded till called.

J. M. Balmforth, of Copper Cliff, who exceeded the speed limit on the Copper Cliff road on July 18th, was assessed $10 and costs.

Roy McLaughlin, Creighton Mine, drove his car after dark without proper lights on Monday night and was fined $5 and costs.

GOES TO TORONTO
Sam Penfold, who hails from Creighton Mine and claims Russia as his native land, was sent to Toronto on Tuesday, where he will be placed in the army until such time as he proves his age.

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“Demands to be Sent to Internment Camp,” Toronto Globe. July 5, 1918. Page 02.

(Special Despatch to The Globe)
Windsor, July 4. – Shouting that he would never pay his fine and demanding that he be sent to an internment camp, Rudolph Schmidt, aged 50 years, a German who has been farming in Maldstone township since August 1914 was to-day ordered by Magistrate Miers to pay a fine of $125 and costs and to serve a month in jail. The sentence was the maximum provided by law.

Schmidt was arrested by Provincial officers a week ago for having failed to register. When taken into custody he gave the officers a hard fight before he could be handcuffed. Neighbors say that Schmidt is wealthy, and that he is professedly pro-German. A thorough search will be made of his farm premises at once.

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“Do Young Finns Destroy Papers To Evade M.S.A.?” Sudbury Star. May 4, 1918. Page 05.

Canadian Naturalization Papers Rare in This District.

It is the general belief in official circles here that many young men of foreign birth, other than aliens, have destroyed their Canadian naturalization papers to evade military service. Since the advent of conscription the experience of the police has been that a naturalization paper is a very rare thing, and a raid on Finland Hall, Copper Cliff, Wednesday evening, only served to strengthen the belief already held. None of the young men of military age questioned by the police had naturalization papers, despite the fact that hundreds were taken out in this district prior to the war.

The raid was made by the Dominion police, assisted by some members of the municipal and company force. A show was in progress when the police entered at 9.40 and the appearance of the officers caused so much consternation that the performance was abruptly stopped. Every male in the hall was questioned while all exits were guarded. Nine young men who had no papers whatever were taken into custody. In police court they were fined $1 and costs each for a contravention of section 16 of the M.S.A. in not having the necessary papers to assure their identity. Meanwhile the men who were fined have secured affidavits as to their nationality.

A Real Haymaker.
Nora Laroche, a Creighton woman of middle age and hefty proportions, handed K.

Acquino

, her landlord, a regular ‘haymaker’ the other day following an argument. The blow, or blows, were reinforced by a drinking glass and it required five stitches to repair Acquino. Nora wanted to have a dance in her apartment, but the landlord refused, saying the floor was unsafe. This started the fracas. She was fined $10 and costs.

He Stole Liquor.
The eagle eye of Mrs. A. Delavadova, of Creighton Mine, even at 2 a.m. in the morning, detected a shadow near the chicken coup and this was where the liquor was kept ‘to keep it out of sight of the children.’ The mysterious form moved stealthily, entered the chicken coup, placed 34 bottles in a bag and departed. He was followed, however, and seen to plant his feet under soome camouflage. Next morning, however, a search revealed only nine bottles, while three empties were found at Enrico’s house. He was sentenced to three months at Burwash.

Expensive Drinks
Three of the young Finlanders taken in the raid on Finland Hall Wednesday evening were intoxicated. They admitted drinking liquor in a public place and each paid a fine of $200 and costs.

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“Two Years’ Hard Labor,” Toronto Globe. May 2, 1918. Page 15.

Sentence on Pte. Snider for Deserting From Draft Warned.

(Special Despatch to The Globe.)
Brantford, May 1. – The C.O.R. [Central Ontario Regiment] Depot was lined up, while the Adjutant read the sentence of a court-martial, confirmed by the General Officer Commanding this district, on Pte. C. C. Snider, a member of the local depot, who deserted from a draft which was warned for overseas. The draft left, and Snider was nowhere to be found. He was sentenced to two years’ hard labor in the penitentiary. The prisoner was not a Brantford man, but was called up from an outside place, and reported here at the local depot.

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“Whissels Now Prisoners in Sudbury Jail,” Sudbury Star. April 20, 1918. Page 01.

Defaulter Who Shot Policeman Taken Into Custody.

Fred and Joseph Whissel, brothers, principals in the shooting of Dominion Officer McLeod near Espanola a week ago Saturday morning while Dominion officers were attempting to apprehend the elder Whissel, Fred, under the M.S.A., appeared in Sudbury police court yesterday morning charged with attempting to kill. They presented a shaggy appearance in their bush clothes and were in charge of Inspector Storie and Inspector Piper, their captors.

When the charge was read against Fred Whissel he replied ‘No, Sir.’ The younger man, Joseph, in reply to the charge read against him, started out to make a statement but was stopped by the court. The men were not allowed to plead, the preliminary hearing being adjourned for eight days. B. Boutet has been retained to defend the accused men, and it is understood the defence will take the nature of shooting under provocation and in self-defence.

Fred Whissel, the alleged Espanola defaulter, who shot Dominion constable George McLeod a week ago last night, together with his brother Joe, who took to the bush with him after the shooting affray, were taken into camp Friday morning at dawn by Provincial and Dominion policemen who had been on their [trail…] They had camped on […] night and when […] passed out of the tent in the grey dawn of Friday morning he was greeted with a command from Inspector Storie of the Provincial police, at 50-yards distance, to throw up both hands. Fred, the older boy, was then ordered out of the tent and warned not to make a false move. Both were as meek as lambs. They had a tent, blankets, provisions and were armed with a rifle and a shot gun. The officers followed them the best part of Thursday with their field glasses, seen them pitch their tents for the night and then moved down around them to wait the morning.

The hunt was taken up by Inspector Storie and his officers Monday morning, together with the Dominion police. French-Canadian and Indian guides tracked almost every footstep of the twain to their capture. The older boy is 26 and the younger 19 years. Joseph, the younger boy, it is believed, joined his older brother in his attempted escape after the shooting out of brotherly love. He is not thought to have had any hand in the shooting. The officers believe that the father aided and abetted the attempted escape by conveying to them a supply of provisions during Saturday or Sunday. No prosecution has been laid against the parents, as yet, it also being alleged that the mpother incited the older boy, Fred, to shoot officer McLeod as he did.

Officer McLeod continues to progress favorably daily, towards complete recovery, as St. Joseph’s hospital, Sudbury.

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“Dom. Officer Victim of Shots At Espanola,” Sudbury Star. April 13, 1918. Page 01.

Brother of Defaulter Fired Shots – Mother Used Poker.

Espanola, April 13. – George McLeod, a Dominion constable, was shot last night, it is believed fatally, while attempting to arrest a young man by the name of Whissel, an alleged defaulter under the Military Service Act. One bullet entered his back and another his leg. He was shot from behind a curtain by someone in the Whissel home.

The affair occured at the Whissel home about two and a half miles from Espanola, and McLeod is in such a precarious condition that he cannot be removed. Although the shooting occurred about one o’clock last night it was nearly eight o’clock this morning before medical aid could be secured, but it is now with him. The arrest of Whissel was not effected.

Constables McLeod and Tomlinson made a journey to the Whissel home last night to round up young Whissel, who is twenty-two years of age and has ignored the M.S.A. It is not their first visit to the home on the same mission. Little is known of the exact details of the affair, but from what your correspondent could gather the women became excited with the visit of the constables and incited the men folk to violence.

Numerous Dominion and Provincial police officers are on the scene this afternoon. Inspector Piper, of the Dominion Police, came in at noon. Inspector Storie, of the Provincial Police, also arrived and has called a number of his men onto the case. Constable Tomlinson would not discuss the affair in the absence of his inspector. Constable McLeod is a Thessalon man.

First Attacked With Poker.
Parties returning from the scene of the shooting this morning brought in some of the details of the affair. McLeod was first attacked with that favorite weapon, a poker, by Whissel’s mother, it is alleged, and the shots are said to have been fired by an older brother of the defaulter. The constable was still alive at two o’clock and is being removed to Espanola village on a stretcher. Whissel made good his escape and is still at large. There are eight Dominion and Provincial men on the case.

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“Figueroa of Class E Is Sent to Burwash,” Toronto Globe. April 5, 1918. Page 07.
===
Jamaican Employed In Toronto Made Unpatriotic Utterances.
—-
Linnell J. Figueroa, a Jamaican, employed as a stockkeeper by Christie, Brown & Co., was sentenced to six months in Burwash Reformatory for unpatriotic utterances.

The complainants were several girls, one of whom said that Figueroa had remarked that if Germany came into possession of Canada it would make a real country of it.

Figueroa said that he was loyal, willing to serve in the army, and that the statements attributed to him had been grossly exaggerated and misrepresented.

Figueroa is a Class E man.

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“Two Youths Surrender,” Toronto Globe. March 12, 1919. Page 05.

George and Tony Barberich Act on Advice of Their Friends

REMANDED FOR A WEEK

Will Face Charge of Desertion, Also That of Attempted Murder

(Special Despatch to The Globe.)
Guelph, March 11. – While a great deal of excitement still prevails in New Germany and the country surrounding it because of the raid by the Dominion Police on Sunday morning, the residents are breathing a little more easily today. The chief cause of all the trouble on Sunday morning, and who managed to make a successful escape into the bush, came into the city and gave themselves up to the local police. They were very promptly locked up and will be kept under close surveillance until the charges against them have been finally disposed of.

Friends Advised Surrender.
The chief factor in their decision to surrender themselves was the arrest yesterday afternoon of Mr. and Mrs. Joseph Barberich, the parents. When they were brought to the city their friends realized that the Dominion Police meant business, and, following an interview with them, it was decided to go back home, and if possible, find the fugtives and advise them that the best thing they could do would be to give themselves up to the officers of the law. There was no difficulty experienced in locating them. When they were arraigned in the Police Court they looked as though they had slept out in the bushes for some time, as their appearance was very unkempt.

Only Themselves to Blame.
George was charged with being a deserter under the Military Service Act, in that he did not report for military duty when ordered to do so. He did not appear to understand what was being said to him, but a plea of not guilty was entered, and Sergt. Wilson of the Dominion Police asked that the case be adjourned. Anthony Barberich was charged with the same offence as his brother. He also pleaded not guilty, and his case went over until to-morrow. To those who were present in the court-room it was apparent that neither one of these young men would have succeeded in passing a Medical Board even if they had reported, so that the trouble they are now in they have only themselves to blame for.

Whole Family Arraigned.
This afternoon Inspector Lane and Inspector Duncan came down from London, and the whole Barberich family were again arraigned before the Magistrate. The charge against the parents was that of harboring deserters under the Military Service Act. They were not asked to plead, but will be remanded for a week, cash bail of $5000 for each being deposited for their appearance. George and Tony were charged with being deserters, and Inspector Duncan asked that they, too, be remanded for a week, but the Magistrate ordered that they be kept in jail.

Real Deserter Surrenders.
When the Barberichs drove up to the Police Station they were accompanied by Joseph Bruder, also of New Germany. He is accused of being a real deserter. He did report for military service at London last fall, and was a member of the Western Ontario Regiment. He was given a short leave of absence on October 26, but as he did not return inside of 21 days he became a defaulter. He also gave himself up, and will be turned over to the military authorities at London, and will no doubt be brought before a court martial. An escort will come here for him to-morrow.

Charge of Attempted Murder.
In addition to the charge against the Barberichs’ for desertion. Constable Huber of Kitchener arrived in the city armed with a warrant for George and Tony on a charge of attempted murder. New Germany is in Waterloo county, and as the shooting too place in it, and is an indictable offense, this charge will have to be tried at Kitchener. However the authorities there will have to wait until the military authorities are through before the warrants can be executed.

Constable Geggin, the member of the Dominion Police who was severely wounded on Sunday, is doing well at the General Hospital.

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“Police Beaten By Absentees,” Toronto Globe. March 10, 1919. Page 01 & 02.

One Constable Shot Down in Desperate Fight at New Germany

TWO YOUNG MEN ESCAPE

Officials Are Determined to Apprehend All M.S.A. Defaulters

(Special Despatch to The Globe.)
Guelph, March 9. – There is ample evidence that there are a large number of Germans still in Canada who remain yet undefeated. This fact can be proven by Inspector Wm. Lane of the Dominion Military Police, and the squad of men he took with him out to the village of New Germany, a small German settlement about nine miles from Guelph, and about the same distance from Kitchener, early this morning. As the result of this trip one of the Dominion Police constables, Geggin by name, is in the General Hospital here suffering from a severe wound on the top of the head, while some of the others are badly used up.

Police Come Out Second Best.
From the accounts of the attempt to arrest a number of young men who are alleged to be Group Two absentees under the Military Service Act, there was a regular pitched battle fought in this quiet country district just as the day was about to dawn, the result of which was that the police came off second best, with one casualty. It appears that there have been previous attempts to round up these young fellows who absolutely ignored the terms of the Military Service Act, in declining to report for medical examination when ordered to do so, but very little success has been achieved. The police, however, were not to be outdone, and they planned a raid on a fairly large scale, but the details were kept a secret, and on Saturday the local Military Police were reinforced by a number of men sent down from London by the Provost Marshal.

Little Trouble at Hummell’s
The weather was just about the stormiest of the whole winter, and the snow was almost a foot deep, when four autos with three men and a driver in each one sallied forth at 4.30 o’clock this morning on their mission. Two of the cars went direct to New Germany, while the others went on farther to St. Agatha, St. Jacob’s and the disctrict in the vicinity of Kitchener. It was the first two crews which met with resistance. They drove direct to the home of Joseph Hummell, situated just on the edge of the village of New Germany. Here they did not have much difficulty, although the police had to make threat before their parties gave up. They placed under arrest Joseph Hummell, his son, Charles, and Linns Zinger, his son-in-law, the latter having only just recently been married, and these are in the police cells here to-night.

Hot Reception by Mrs. Berbluch
From the Hummelt home the police drove about half a miler farther to the Berbluch farm house. Here they were after Tony and George Berbluch, two young men of whom it has been said they would never be taken, and so far they have made good in this respect. It was shortly after 5 o’clock when they arrived, and Constable Geggin, who was armed with the necessary papers which entitled him to make a search of the house, went to the front door and rapped. His companions were close behind him. There was no response to the knock, and as the door was unlocked the officers unceremoniously walked in. They were heard Mrs. Berbluch, a woman who is above the average size, and she gave the men a decidedly hot reception. She was in her nightclothes, but she lost no time in calling them robbers and other names, which would not look good in print, and produced a copy of a newspaper which declared that the armistice had signed and the war was over.

This kind of argument had no effect on the men, however, who proceeded to do their duty. They started to find the door leading to the stairway, but Mrs. Berbluch slammed that shut, and when one of the men attempted to force her away she doused him with the liquid contents of a vessel, which temporarily caused his retreat.

Constable Shot Down.
However, the door was forced open and Constable Geggin, closely followed by Constable Forsythe, started to go upstairs. The noise which had been made downstairs, however, had been heard by Tony and George upstairs, and they were prepared for emergencies. When Geggin gout about half way up he saw of the boys standing at the top with a rifle in his hands aimed directly at him, and then followed a report. Geggin fell backwards with a wound in the forehead, and as he fell carried Forsythe with him. In the meantime Constable Gowdy, Inspector Lane and the other officers were taking care of the others in the house, Berbluch Senior being kept in bed. Geggin was so severely wounded that he had to be cared for at once, and he was assisted out to the car, which was some fifty yards away.

Young Men Escape.
After he had been put into the car, Inspector Lane saw one of the Berbluch boys fire a rifle at it, but the bullet went wild, and it was then seen that both of the Berbluchs had made their way safely out of the hoyse. They started to run across a big field with several of the police after them, and rifle and pistol shots were exchanged, but no person was hit. The fugitives made directly for the bush, and as another member of the police became exhausted, it was considered unwise to pursue them into the bush which they knew so well. The officers made their way back through the snow to their cars, and as they did so saw the father sitting on the front doorstep with a rifle in his hands. There was no further trouble, however, the police hurried back to the city with Geggin, as his wound was a severe one. At the hospital it required eight stitches to close it, and tonight a special nurse was required to watch him.

Police Are Determined.
Late to-night the Berbiuch boys are still a large, but the police determined to apprehend them, and it is also possible that the father and mother may be arrested. It is rumored that some of their friends have endeavored to persuade them to give themselves up.

The cars which went to St. Agatha did not get back until 5.30 to-night, and they brought along one prisoner, Anthony Rumig of Jordansburg. The news of the trouble at New Germany spread around the country like wildfire, and the greatest excitement prevails. There are still a large number of young men in this district who have evaded the M.S.A., and the authorities are going right out after them.

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“Reeve Weber Heavily Fined,” Toronto Globe. February 25, 1919. Page 02. 

And Gets Month in Jail at Hard Labor for Uttering Sedition

SCATHINGLY DENOUNCED

Magistrate and Judge Alike Rebuke Neustadt German and Warn Him

(Special Despatch to The Globe.)
Owen Sound, Feb. 24 – One month in jail and a fine of $4,500 was the sentence pronounced on Reeve Joseph Weber of Neustadt here to-day. In default of payment of his fine Reever Weber would be imprisoned for three years in the Provincial Penitentiary, but he chose to pay the fine. Besides he has to pay all the costs of the proceedings, amounting to approximately $300.

The trial was held in Owen Sound on February 12 and 13 before Police Magsitrate A. D. Creasor, with N. F. Davidson, K.C., of Toronto, acting for the Crown, and D. O’Connell and F. W. Callaghan of Toronto for the accused.

The charge was laid under the War Measures Act of 1914, whereby Weber was charged with making seditious statements likely to hinder recruiting. It was based on words used by Weber to Arthur Mutton, when he is supposed to have said: ‘The _______ British are licked, and they know it. Before either of my sons go to fight, they will die in the hardware store. If they want any fighting let them come to Neustadt and they will get it.’

Magistrate Creasor found Reeve Weber guilty on this charge and remanded him for sentence. An application for a stated case made by counsel for the accused was withdrawn.

Pleads Guilty on Second Charge
On a second charge before the local Police Court Reeve Weber pleaded guilty to making seditious statements likely to cause disaffection. This also was based on the conversation with Mutton, and on it Weber received a sentence of $4,500 fine and one month in jail, this sentence to be concurrent with the previous one.

In sentencing him Magistrate Creasor said that Reeve Weber was a man born in this country, who had lived here all his life. In times of danger he had used disloyal expressions and had possibly influenced his sons to be disloyal also. When he was through with his sentence the Magistrate hoped that he would remember that everyone living in Canada was supposed to be loyal.

Sentenced Suspended on Other Charge
Reeve Weber also came before Mr. Justice Lennox at the Spring Assizes in Owen Sound this afternoon on four charges. Weber pleaded guilty to one charge and is on suspended sentenced pending his good behavior. The charges against him were the only ones in the docket, and were laid under the Military Service Act.

The first charge was of attempting to resist or impede the operation of the Military Service Act by a written communication to Judge Widdlefield, a member of the local Appeal Tribunal. In this letter Reeve Weber offered to give $500 to patriotic funds if his son, Elmer Joseph Weber, were exempted, and the second charge is of offering a consideration directly or indirectly to a member of an appeal Tribunal. The second indictment was based on written and oral communications by Reeve Weber to secure signatures for his son’s exemption.

Admits Guilt, Stay Granted.
On the first charge of the Widdifield indictment the Grand Jury brought in almost immediately a true bill, and Reeve Weber pleaded guilty. Crown Prosecutor Davidson requested a stay of further proceedings on the second count of this indictment and on the second indictment, and also asked for a suspended sentence. These were granted.

Seething Denunciation.
The denunciation by Mr. Justice Lennox of the Neustadt Reeve was most scathing. He said that disloyalty was one of the gravest offences, and there was no ground or excuse for anyone in Canada being guilty of disloyalty. Reeve Weber was a public man and a leader of the people in his district, yet he was stirring up disloyalty and encouraging his two songs to evade the service of their country. He had also made threats of grave bodily harm. In connection with the war and in defiance of the duties of citizenship, Mr. Justice Lennox said, Reeve Weber displayed some of the worst characteristics of a bad citizen. His father had come to this country to better his condition, and he had prospered here! New citizens were welcomed and encouraged, but they had to behave. The only alternatives were to get in behind the prison bars or to get out of the country. In conclusion the Judge said that if after he was released Reeve Weber was a man of good behavior toward his neighbors and the Corwn his sentence would be suspended. If, however, he showed any intimation of relapsing, he would be brought before a Judge to receive a heavy sentence.

Reeve Most Dejected.
During the rebuke of the Judge Reeve Weber stood in the prisoner’s box with his head bowed, and supported himself with one hand on the railing. He appeared most dejected, both in the Assizes and when receiving his sentence in the Police Court, and his face showed considerable emotion. With hardly a word of his counsel, he was led slowly off to the cells in the county jail.

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“Reever Weber Again Remanded,” Toronto Globe. February 21, 1919. Page 16.

Stated Case Asked For As A Precedent, To Know If Order Retroactive.

(Special Despatch to The Globe.)
Owen Sound, Feb. 20. – Reeve Joseph Weber of Neustadt was again remanded to Monday next when he came up before Police Magistrate Creasor here this morning. At his trial Tuesday and Wednesday of last week he was found guilty of uttering seditious language and remanded for sentence. On Monday he also appears before Mr. Justice Rose of Toronto at the Assizes in this town on four charges under the War Measures and Military Service Acts.

The reason for the further adjournment was that Weber’s counsel, Messrs. D. O’Connell and F. W. Callaghan of Toronto, have applied for a stated case as a precedent. The proceedings against Weber were under an order in Council, and there is some doubt as to whether it is retroactive or not, for the time for the laying of information was up for some months before this order in Council was passed. Bail was taken for the same sum as before, $10,000 personal bond and two sureties of $5,000 each.

Before the train which Reeve Weber was on arrived in Owen Sound, Mrs. Weber called up Chief of Police Foster on long-distance telephone to ask him to meet the train. The Chief assured her that there would be no recurrence of mob law against Weber here, and that he need not fear as to his personal safety.

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