Posts Tagged ‘military defaulter’

“Garson Farmer Faces Charge Of Harboring,” Sudbury Star. August 21, 1918. Page 03.

Dominion Police State Edward Martell Is Hiding Cousin.

The first charge of harboring a deserter to be laid by the Dominion Police at Sudbury was read in Monday morning’s police court, against Edward Martell, Garson township. He is charged with harboring John Martell, his cousin, a deserter from the C.E.F. The case was adjourned until Saturday morning next. It is understood that the court is prepared to take a lenient view of the case providing that in the meantime Pte. Martell, the deserter, is delivered to the military. B. Boutet appeared for accused Monday morning and entered a plea of not guilty.

While this is the first charge of harboring to be instituted by the Dominion Police, there have been many instances where prosecution could have been started for harboring, aiding and abetting. Flagrant cases have been known to the police, in which the mothers of the offenders have played important parts and it was mainly for this reason that no action was taken.

More shooting is reported from Garson township in addition to that which took place and is daily taking place in Blezard township. The Dominion police last Thursday went out to the Edward Martell farm in Garson township and while making enquiries at the farm house were shot at by some one, presumably John Martell, the deserter, who was concealed in the barn. He later made good his escape to the bush and is still at large.

The Ontario Temperance Act is no respecter of persons. It may happen that Luigi Augustini, hard working man and the father of five young children, one of whom is very sick, may have to go to jail for three months. There is, however, another side to the story, that of Chief Brown, of the municipal police.

The hardship plea failed to move the court Monday morning when Augustini was fined $300 and costs. A few days ago one Koski, up on a drunk charge, disclosed the source of his supply, a case being later found buried beside the Augustini residence. The plea that some one else had buried the case beside the house was also put forth, the possibilities of which were dwelt upon eloquently and at some length by Mr. J. A. Mulligan, counsel for accused. Magistrate Brodie also turned a deaf ear to this plea.

But all’s well that ends well, and there is a chance now that kind friends will come to the rescue of the poor, hard-working Augustini and pay his fine, the authorities having agreed to a recess until Saturday next.

A pretty, young French-Canadian girl of eighteen summers, Cecile Gatien, who originally hails from Montreal and has been in these parts but two weeks, was found in a house Saturday night with three Austrians. Provincial Constable Grassick was out that way on another mission Saturday night last when three autos in front of the house attracted his attention. All lights had been darkened on the autos and he was unable to secure numbers as they scurried away. There is a suspicion that they were licensed jitneys. Several complaints about the house have been made to the police.

Two of the men came from Murray Mine and for that reason the charge of leaving their place of residence without the permission of the police failed. The magistrate held that as there was no registrar at Murray Mine, and as Stobie and Murray are in the same municipality, this charge could not succeed. The third young foreigner, however, come from Garson, which made $10 and costs difference.

On a charge of being frequenters of a house of ill fame and three men pleaded guilty and paid $10 and costs.

The young girl pleaded guilty to being a keeper, her counsel asking a week’s remand, which was granted. She has a lover, a young Italian, it is understood, who is willing to go to the altar with the erring girl, and in case the marriage materializes the leniency of the court for a chance to make good will be asked.

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“Penitentiary for Quintette of Burglars,” Sudbury Star. August 17, 1918. Page 05.

Whole Gang Sentenced in Yesterday’s Court.

Jos. Dalton, 5 years.
Roy Dalton, 3 years.
Jos. Trahan, 2 years.
Ovila Martin, 2 years.
Arthur Boucher, 2 years.

With these sentences to Kingston penitentiary meted out by Police Magistrate Brodie in Friday’s Court, the gang which broke jail at Parry Sound during the past month and coming North committed a series of burglaries at Coniston, Warren and St. Charles, is completely cleaned up. Excellent work by Inspector Storie and Officer Fred Lefebvre, of the Provincial police, gathered in the men within ten days of their appearance in this section.

All the accused pleaded guilty to jail breaking at Parry Sound and to burglary with the exception of Jos. Dalton, whom Magistrate Brodie characterized as the ‘modern Jesse james.’ He was undoubtedbly the master mind of the gang, and although a cripple piloted their operations. He was convicted on the evidence of Boucher who gave the court a clear review of the operations of the gang.

Both the Daltons were recalcitrant and took both their arrest and sentence with bad grace and contempt for the law. Roy Dalton, who is liable under the Military Service Act, passed the callous remark to the constables removing him to the jail after sentence that he would come out of Kingston with a whole skin ‘and that was more than many of the….fighting over in France would do.’

The round-up of the gang is much to the credit of the Provincial police organization in the North. The manner in which Joe Dalton, Trahan and Martin were gathered in a week ago by officer Fred Lefebvre has been previously reported. At that time Roy Dalton and Boucher decamped and on Wednesday Inspector Storie and Officer Lefebvre went into the district again after them. They located them on Thursday on farms in the Markstay section. Inspector Storie went after Roy Dalton and got his man at the point of the rifle, before he had a chance to move. Dalton’s only comment was ‘you don’t take any chances.’ When searched he had a six-chamber automatic revolver in his hip pocket, fully loaded. Officer Fred Lefebvre came in with Boucher who was working on another farm seven miles away. The valuable assistance given by practically every resident of the district where the gang was, in helping round them up, helped the officers in their expeditious arrests. The quintette will be removed to Kingston penitentiary Sunday night.

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“News of the District,” Sudbury Star. August 10, 1918. Page 04.

Cobalt Nugget: Alarming stories of an armed camp, with alleged deserters from the C.E.F. holding off intruders with real, business like guns, were circulating in town yesterday. The location of this miniature fortress was given as in the district behind the Casey-Cobalt Mine, east of New Liskeard. It was declared by one party that four men, armed, ordered some people who had approached their camp to depart in peace and haste, reinforcing their commands with a display of firearms. The intruders who had no intentions of disturbing the men, obeyed with alacrity, it is said. Neither the Dominion or the Provincial police had any knowledge of any such camp, they announced.

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“Parry Sound Jailbreakers Rounded Up,” Sudbury Star. August 10, 1918. Page 01 & 05.

Series of Robberies in District Cleared Up by Arrests

Following sensational robberies at Coniston, Warren, and St. Charles during the past week, the provincial police Thursday afternoon rounded up three young men on the west arm of Lake Nipissing. Two other young men, part of a gang of five who broke jail in Parry Sound last week, eluded the officers and are still at large. There were discomforting reports that the Warren and St. Charles robberies were committed by defaulters and deserters under the Military Service Act, for the purpose of securing supplies of clothing, food, arms, and ammunition, but the police say there is no connection in the affair.

Breaking jail in Parry Sound last week, the five young men beat their way up the Canadian Northern to Conistion junction. During last Thursday the Harris Abattoir’s store at Coniston was robbed of a considerable quantity of bacon. The band set out and walked to Warren where they arrived on Saturday afternoon. Some quantity of the stolen bacon was traded to settlers en route for other food. During Saturday night Roys’ hardware store at Warren was robbed of several rifles and some ammunition. It was a hurry-up job.

Sunday night the store of Joseph Desgrossliers at St. Charles was systematically robbed, the whole gang leisurely helped themselves to complete new outfits of clothing all around and large quantities of food. From St. Charles the gang was traced to the Dalton homestead east of St. Charles where a considerable quantity of the booty stolen at St. Charles was recovered.

Good work was done by provincial constable Fred Lefebvre and town constable Sequin of Warren in running down the gang. They received valuable assistance from several French-Canadian settlers, who actively participated in the capture. The gang was tracked down to the west arm of Lake Nipissing, and when the officers were cruising the shores in search of their camp they came across three of the gang out in a canoe fishing. There was a dash for shore, in which a number of shots were exchanged, but the officers intercepted their landing. Two of the gang offered no further resistance, but the third made matters very menacing for a while. The remaining two members of the gang on the mainland withdrew to the bush, while the third member of the gang in the canoe was finally wrested of his weapon. The three taken into custody were a young fellow by the name of Dalton, aged 28, whose home is in that section, Joe Fahant, an American citizen, and Ovila Martin, a French-Canadian. Of the two who escaped one of them is another Dalton. The two brothers are the alleged ringleader of the gang, and it was young Dalton in the canoe who have the officers a real argument. All three young men are now in Sudbury jail. In this morning’s police court they were remanded until Tuesday.

The episode set the whole countryside astir in the Warren and St. Charles section. What with rumors of lawlessness on the part of alleged deserters and defaulters the district had a bad attack of nerves. Officers found it very diffuclt to secure conveyances to go into the district. Both at St. Charles and at Warren the three desperadoes and the officers were the centre of attraction of the entire population.

The three men taken into custody take their position lightly. The Dalton boy was especially braggard. The escape from Parry Sound jail may be explained by the recovery from the Dalton boy of the keys of Parry Sound jail.

It was suspected that the gang may have been responsible for the sensational hold-up on the Canadian Northern on Wednesday afternoon. There is no connection in the two affairs.

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

George and Tony Barberich Act on Advice of Their Friends


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


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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“Defaulters Are Again Being Apprehended,” Sudbury Star. January 8, 1919. Page 03.

Dom. Police At Work in the District – Three Defaulters Caught.

The rounding up of defaulters under the Military Service Act in this district has again been resumed, after a period of inactivity pending the decision of the military authorities on account of the signing of the armistice. Inspector C. Perkin, of the Dominion Policce headquarters at Toronto, with constables A. Delbon and J. McNulty, have been operating for the past two weeks in a territory from Sudbury to Sault Ste. Marie assigned to them. The headquarters will not be located in any particular place. The defaulters to be rounded up comprise four groups, namely. Men who failed to register in accordance with the proclamation; men who failed to report for service when ordered to do so by the Registrar; men who failed to report for re-examination, and regular deserters and absentees from Canadian units.

Three Await Trial
In police court Tuesday morning Inspector Perkin laid information against three defaulters, Narcisse Vouchon, Azilda; Velmore Perras, Chelmsford, and Omer St. Onge, Chelmsford. These men failed to report for service when ordered by the Registrar. A remand until Monday, January 13th, was granted by Magistrate Brodie on the inspector’s request.

Must Carry Papers
Attention is directed to the fact that it is still necessary for all persons coming under the Military Service Act to carry with them at all times their military papers, as these are liable to be demanded at any time. Officers of the Dominion police are now operating in all districts where defaulters are known to be at large.

Intend to Carry On
Shortly after the armistice was signed, reports appeared in the papers that the government intended to give all defaulters their liberty. These were later denied at Ottawa, the announcement being made that new plans for the apprehension of defaulters were being formulated. It is under these plans that operations are now being carried on in this district. The announcement that defaulters were not to be punished was the signal for many of these to emerge from their hiding places, and vigorous action will be taken to round them up.

Duty of Employers
The law prohibiting the employment of defaulters is still in effect, announcements being made some time ago by authorities at Ottawa that it would remain in force until the operations under the Military Service Act had been carried out.

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“Fred Whissel Gets Four Years With Hard Labor,” Subdury Star. December 21, 1918. Page 09.

Conviction of Defaulter Ends an Interesting Case.

Four years in Kingston penitentiary, with hard labor, was the punishment meted out by Magistrate Brodie Thursday afternoon to Fred Whissel, who pleaded guilty to being a defaulter under the Military Service Act.

Whissel, at the Assize Court three weeks ago, was acquitted by a jury of a charge of shooting with attempt to murder Dominion Police Officer McLeod, while the latter was seeking to place him in custody as a defaulter. Two days after the trial, accused was re-arrested by order of the military authorities at Toronto, the charge of being a deserter from His Majesty’s forces being preferred against him, which was later amended to that of being a defaulter. On account of the special and peculiar circumstances in connection with the case, extraordinary interest had been aroused.

Attorney General Acts
The Crown, during the trial on Thursday, was represented by N. F. Davidson, K.C. of Toronto, who was detailed by the Attorney General of the Province. Major Sharpe, representing the authorities of military district No. 2, Toronto, was also present at the trial and assisted the Crown counsel. Although the accused pleaded guilty to the charge preferred against him, the Crown, for the purpose of acquainting Magistrate Brodie with the facts with the facts in connection with the case, put former Inspector Tomlinson, Provincial Police Inspector A. E. Storie, and Joseph Whissel, brother of the accused, on the witness stand. The evidence given in each case was a repetition of that given at the Assize Court.

A Flagrant Case
In asking for a maximum sentence to be passed on the accused, Crown prosecutor N. F. Davidson outlined the history of the case, declaring it to be in the opinion of the Attorney General who was particularly interested in it, one of the most flagrant attempts to oppose the operation of the Military Service Act. It was because of the peculiar circumstances of the case, which included the failure of accused to make any attempt to comply with the law which he knew well, the fact that he left the country for the United States when he knew that conscription was coming in Canada, and the fact of the shooting of the Dominion officer who sought to arrest him, that the Attorney General desired and pressed for a maximum sentence. Mr. Davidson pointed out that the night of the shooting, April 12th, was the very date in which Marshal Haig had announced to the world that the British Army was fighting with its back to the wall, seeking with all possible skill and courage to withstand the onslaughts of the German offensive. Here was a man who cared nothing whether the allies won or lost, who openly defied the law, and in addition sought to shoot its officers.

No Ordinary Defaulter
In passing sentence Magistrate Brodie stated that the case of Whissel was unique, and that he did not consider him an ordinary defaulter. There were hundreds of cases of defaulters similar to that of accused, but only up to a certain point. Reviewing certain points in the plea of J.S. McKessock for his client, Magistrate Brodie pointed out that the fact that accused considered himself physically unfit for military service was all the more reason why he should have reported in compliance with the proclamation under the M.S.A.. His Worship stated that when the officers went to arrest him as a law breaker, he took the law in his own hands and it was fortunate indeed that the officer fired at was not killed, else a more serious charge might have been preferred. Magistrate Brodie stated that he could not find one extenuating circumstance in connection with the case of accused. He had defied the law as long as he could, and had become a fugitive from justice. From the plight he now found himself in he alone was to blame. The court told accused that it was fortunate for him that he was not being tried by a military tribunal, for in cases not as bad as his men been given life sentences. In one case a man was given a ling sentence for being absent from leave for 21 days. He had done no shooting, but simply defied the law of the army. Magistrate Brodie pointed out that officers of the law must be protected, else the whole fabric of that law would fall to the ground. A severe sentence was necessary in this case on account of its special circumstances, and as a warning to others who were tempted to take the law in their own hands and openly defy its officers. The court expressed the hope that accused would learn a lesson and that during his imprisonment would behave himself so that his term might be shortened through the intervention of the department of justice on his behalf.

The Appeal of Counsel
Mr. J.S. McKessock appeared for the accused, and sought to have a light senetnce passed on the ground that his client was not physically fit for military service, so that he would not, even if he had reported, been accepted by the military authorities, also on the ground that he had already spent nine months in jail. On this point, the Crown prosecutor did not agree, claiming that accused has spent but two weeks in jail on the present charge. This contention was upheld by the Magistrate.

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