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Posts Tagged ‘prison term’

“Veterans Consider Punishment Too Harsh,” Toronto Globe. November 6, 1918. Page 13.

Soldier Sent To Prison Farm For Refusing To Take Electric Treatment.

(Canadian Press Despatch.)
Kingston, Nov. 5. – The Veterans are protesting against the punishment imposed at Toronto on Pte. John Pope of the 80th Battalion, who was given two years, less one day, at Burwash Prison Farm  because he refused to take electrical treatment for shell-shock. The Veterans regarded such punishment as altogether too harsh, and Commandant Evans was directed to take the matter up with the Minister of Militia.

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“Housebreaker Got 3 Years In Kingston,” Sudbury Star. January 2, 1918. Page 08.

Narcisse Chartrand has Long Record – Brother Goes to Burwash.

Narcisse Chartrand, a housebreaker with a long record, was sentenced by Magistrate Stoddart Monday morning to three years in Kingston penitentiary. His brother, Wilfrid, and his partner in crime, was given one year at Burwash Industrial Farm. The pair broke into the residence of John Campbell, Coniston, on the 23rd inst., and stole goods to the value of $2,000. Narcisse Chatrand was sentenced on January 28th, 1913, to three months for theft, on June 4th of the same year twenty-five months in St. Vincent de Paul penitentiary for the theft of a horse; and on June 26, 1915, to six months in Montreal city jail for vagrancy and theft. His brother spent eight days in jail last year for the theft of an automobile. Both men’s records were obtained through the medium of the finger print system, which has proved a success in Sudbury and elsewhere. Both men stared as they received their sentences.

[AL: N.C. is typical of many of the young men sentenced to the penitentiary in the early 20th century. A persistent, or habitual, or incorrigible, criminal, by 1918 his ‘long record’ had already long put him under the attention of the police and crime-control agencies. His offences were for theft and vagrancy, crimes often connected to a search for money – with car or horse theft especially being considered a typical, and serious, part of youth criminality by the authorities and part of a culture of masculine thrill-seeking and status. In the 1915 sentence, N.C. was convicted on charges brought up by his own mother, and ‘given a stern lecture’ besides. In turn, ‘labourer’ was used in institutions for subjects with inconsistent, casual, or unskilled and temporary work – the inability to hold a steady job, often because of workplace conflicts, lack of training, or lack of interest, is typical of many young delinquents from the period. Finally, N.C.’s mobility – operating in Sudbury far from his regular Québec haunts – was becoming more regular as trains and cars made it easier to move between cities looking for work or other opportunities. Interestingly, despite the reputation incorrigible criminal youth had in the public eye, once in prison, he was not a persistent trouble-maker, having already learned the ‘ropes’ from prior convictions, was never disciplined, and was released early.]

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“Six Months Sentence for Black Hand Letters,” Toronto Globe. December 23, 1914. Page 13.

Youth and Mental Condition Mitigated Punishment for Confessed Culprit

(Special Despatch to The Globe)
Brampton, Dec. 22. – Geo. Waller, the Toronto carpenter who was arrested some weeks ago at Caledon East on a charge of sending Black Hand letters to Wm. Cranston, postmaster, was sentenced this afternoon to six months in Kingston Penitentiary [sic. – he was actually sent to the Guelph Prison Farm] by Judge McGibbon.

When arrested and questioned by Provincial Inspector Rogers Waller admitted his guilt. In view of the fact that the accused was so young and not very bright mentally, he was let off with a light sentence. His father lives at Caledon East.

[AL: Another example of a Black Hand case that indicates the diversity of users of this tactic of extortion. This is one of the latest Black Hand cases I’ve found in Canada…and it was an Anglo carpenter with what was considered at the time ‘sub-normal mentality’ in Caledon…]

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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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“Ten-Year Sentence For Arthur Healey,” Toronto Globe. December 5, 1918. Page 07.

Found Guilty on Charge of Shooting P. C. John May

Arthur Healey, the 18-year-old boy who, it was charged, early in the morning of November 1. shot P.C. John May on Queen Street west, was yesterday found guilty of shooting with intent to kill, and sentenced by Judge Winchester to ten years in the penitentiary. On a further charge of stealing a motor car he was found guilty and sentenced to two years, the sentences to run concurrently.

P. C. May stated that on the morning in question he had seen a limousine which had been reported stolen pass him going west on Queen street. When, some time later, he saw the car returning he had signalled it to stop, and had received a bullet in his right forearm, fired from a McLaughlin car a few feet in advance of the limousine.

G. Richardson, who was charged with Healey of having stolen the car to to the party at Swanson, was sentenced to a year in the Ontario Reformatory. C. Wheatler, who had been given a ride in the car, satisfied that court that he did not know it had been stolen, and was acquitted on the charge of theft.

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