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Posts Tagged ‘wounding with intent’

“Two Prisoners for Pen.” Kingston Daily Standard. October 8, 1912. Page 08.

Deputy Sheriff Jarvis, Toronto, arrived in the city on Saturday afternoon with two prisoners for the penitentiary. They were Bernard McMahon, who will serve three years for assault, and Harry Beatty, who will serve the same length of time for theft.
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“Italian Sent Down.” Kingston Daily Standard, October 8, 1912. Page 08.

An Italian, Rocco Lombardo, was sentenced to two and a half years in Portsmouth Penitentiary for a vicious assault on two fellow country-men at Toronto. Both the injured men were in court and exhibited the marks of the wounds which had been inflicted.

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“Sentences Were Heavy,” Toronto Globe. June 10, 1912. Page 09.

Judge Winchester Sends Four to the Penitentiary.

Twenty-three Convicted Prisoners Sentenced at the Close of Sessions – First Offenders Shown Mercy and Given Warnings.

Some heavy offences were imposed by Judge Winchester at the closing of the Sessions yesterday, four of the twenty-three prisoners being sent for long terms to Kingston Penitentiary, and five for terms of from one to two years in the Central Prison,.The cases of Rev. G. M. Atlas and the three men concerned in the flotation of the Canadian Eatables Co. are dealt with elsewhere. Other sentences were: Four years for Alfred James Haggett and Robert W. Ewers. Haggett got a two-year sentence from Judge Denison on two charges of wounding, and a four-year sentence from Judge Winchester for housebreaking, all to run concurrently.

Ewers is not an ordinary criminal. He is an elderly man who induced a woman named Laura Payne to procure a young girl for him for an immoral purpose, and the Judge, in sending him to the penitentiary for four years, spoke sternly to him. Ewers looked quite dazed as he left the court. Laura Payne, the woman who helped him in his wicked purpose, was sent to the Mercer for two years. She wept bitterly when sentenced, especially when her counsel referred to the death of her baby, which died while she was in custody.

Gibson Shannon, the other man to go to the penitentiary, had served six years on the Toronto police force. He was found guilty of receiving some stolen jewelry, which had been lost by a visitor  to the Horse Show. He received a three-year sentence.

Two Italians, Joseph Santia and Joseph Doizino, convicted of stabbing, were each given a year in the Central, along with Henry Roberts, a sneak thief.

The other prisoners sentenced were Charles Close, a West Toronto fireman, who received six months for an attempted indecent assault on a young girl; Fred Boisden, who got six months for theft; John Healy, who got twenty days for theft, and Walter Corner, a York farm, who was fined $25 for brutally beating an Upper Canada College boy whom he caught trespassing on his grounds.

Suspended sentences were passed on Guy Brothers, a youth who committed theft; J. W. McNulty, whom Haggett induced to accompany him on a housebreaking expedition; Hosea Curtis, a farmer, who struck his sister in a fit of bad temper; Henry Cromble, who pleaded guilty to receiving in the Shannon case; Sylvester Brown, a negro, who committed perjury, and Bertha Wilson, a shoplifter.

Sentenced were deferred until September on Milton W. De Lhorbe for conspiracy in the ‘Estables’ case; Wm. Edgar Hughes, who will appeal a conviction for carnal knowledge, and J. S. Keeping, convicted for false pretences.

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“Battered Up Wife With Stove Poker,” Toronto Star. June 4, 1909. Page 03.

Charles Morris Went Home Drunk and Hammered Her All Over Head.

A POLICEMAN SAVED HER.

Came While Woman Was Being Chocked – Prisoner Remanded for Sentence.

Willis street, formerly known as Sheppard lane, which runs west from Bathurst street, just north of Queen street, was the scene of a brutal wife-beating case last night. As the result, Mrs. Charles Morris is in the Western Hospital with seven deep gashes in her head and a badly bruised face.

The row began when Morris went home last night under the influence of liquor. It seems he got into an argument with his wife, and commenced to punch her face. Mrs. Morris is a rather strong person, and was able to successfully resist his attacks for a time, but eventually he picked up a poker and attempted to subdue her with that. The neighbors heard the woman screaming, but were afraid to interfere. Somebody notified Police Constable Young, who came along just as the drunken husband was attempting to choke his wife. The woman was lying in a pool of her own blood.

The constable quickly overpowered the man and took him away to the station. The injured woman was attended by Dr. Killoran, whom an excited neighbor had summoned, and was later removed to the hospital. In addition to the gashes, which required 17 stitches, the woman is suffering from the effects of a brutal blow in the face.

Morris was arraigned in the Police Court this morning on a charge of ‘wounding with intent to maim, disfigure, and abuse.’

‘I plead guilty, your Worship,’ said the prisoner.

Crown Attorney Corley said it was a pretty serious case. He suggested a remand till the 7th of June for sentence.

Morris was accordingly remanded till that date.

The neighbors say that Morris would have beaten his wife to death but for the timely arrival of Policeman Young, who was notified of the trouble by a little girl.

The Morris’ have two children, who were at a house on Brookfield street when the trouble occurred.

On the way to the station Morris said that his wife wouldn’t give him any supper. The constable says supper was on the table, all ready for the husband.

The doctors at the hospital said the woman was progressing as well as could be expected. The instruments with which the husband did the beating was of the crank handle shaker variety. It was heavy, and caused fearful wounds.

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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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“Knife Wielders Shown No Mercy By Judge Gauld,” Hamilton Spectator. December 17, 1918. Page 19.

Two Foreigners Sentenced to Five Years Each

Aliens Must Be Taught to Respect Laws of Canada

Steel Company Employe Given One Month

Judge Gauld has evidently made up his mind that as a guardian of law and order, it is his duty to see that the foreign element in this city ontain a knowledge of the law of the land, which will be of benefit to both themselves and to the community at large.

Two very serious cutting and wounding cases were tried by the judge this morning, and in each case he sentenced the guilty parties to five years in the penitentiary.

Five Years For Assault
Five years in Kingston penitentiary was the sentence meted out to Julius Szymonski, a Russian, of 21 Imperial street, who was found guilty of assaulting and wounding Jacon Lubkowski, a neighbor Russian, who lived at 130 Stapleton avenue.

The evidencce, which was given almost entirely by foreigners, was very contradictory in many respects. That the complainant was, at his wife’s bidding, chopping wood in his back yard, and that the prisoner came into the yard was established. Whether he came on the invitation of Lubokowski could not be ascertained. There was an altercation over $30, which the plaintiff was supposed to have borrowed from the prisoner, and a combined game of tag ensued. Ax heads, pails and washboards were freely used, and it resulted in the complainant receiving three cuts in the shoulder and severe hand wounds.

The police were called, and testified that the prisoner was found under a hay stack at 119 Stapleton avenue. The knife in questuon, which was of the household variety, was found in the patrol. The axehead was in the mud at the place where the trouble started.

One Law For All
Judge Gauld in passing sentence said there was no necessity of the prisoner’s going into the complainant’s yard to discuss the $30 loan. It might have been done over the back fence. Foreigners come to this country to earn a living and they must abide by our laws. They were given more liberty and more protection here than in their native lands, and yet they insisted upon taking the law into their own hands. They must be taught that there was one law, and that for everyone. It was for all to respect. The sentence of five years was to help impress upon them the fact that laws were for public benefit.

Knifed His Way To Kingston
Giovanni Espositi, an Italian, who, like the former prisoner, used a knife, on a fellow-countrymen, was also given five years in Kingston penitentiary.

The trouble in this case arose over an order given by a Steel company foreman. The foreman ordered the complainant, Tonq Notille, to change the prisoner from the job he was on to another job. The prisoner resented getting orders from Notille and a quarrel resulted. The prisoner stabbed the complainant in the legs and had it not been for interference by others on the gang, the result might have been more serious. 

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“Jos. Whisel Goes To Jail For 18 Months,” Sudbury Star. December 7, 1918. Page 05. 

Jury Finds That Brother of Defaulter Was an Accessory

On two counts, one of being an accessory to the crime of shooting with intent to kill, and the other of obstructing a peace officer in the discharge of his duty, Joseph Whissel was found guilty by a jury in the Assize Court on Thursday, after a brief deliberation. Accused is a brother of Fred Whissel, a defaulter under the Military Service Act, who was acquitted by a jury on Tuesday on a charge of shooting with intent to murder Dominion Officer McLeod, while the latter was seeking his arrest.

Eighteen Months In Jail
In sentencing accused to spend eighteen months at an industrial farm, his Lordship Mr. Justice Rose made no reference to the verdict returned by the jury in the case of Fred. Whissel. His Lordship said: ‘You have been given a fair trial, and I have given your case very serious consideration. A jury of twelve of your countrymen have found you guilty of a crime for which you could be sent to the penitentiary for a term of years. But I am a very loath to send you there, principally upon your own account. I desire, however, if I can do it with any reason, to send you instead to one of the prison farms, where you will live largely an outdoor life, and gain some knowledge which I trust will be of use to you in your calling when you come out. You are not the man who actually shot – the officer and I don’t think that you are the man who originated the plan of obstruction, but I think rather that without much premeditation you fll in with the plan originated by other members of your family. But you did fall in with it, and the jury thought the responsibility was not so great as if you had actually fired the shots.” His Lordship added further that in view of the fact that accused had spent some time in jail after getting bail, he considered himself justified in imposing the lighter sentence of 18 months in an institution, where, if his conduct was good, he might be able to reduce his prison term.

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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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“Whissel Free; Jury Returns ‘Not Guilty,’ Sudbury Star. December 4, 1918. Page 01 & 08.

Surprising Verdict Returned at This Week’s Assizes.

Fred Whissel, aged 24, defaulter under the Military Service Act, who has been in custody in the District Gaol at Sudbury since April 18th last, awaiting trial on a charge of shooting with attempt to murder Dominion Police Officer McLeod, was discharged last evening in the Assize court by Mr. Justice Rose, immediately following the bringing in of a verdict of ‘not guilty’ by the jury. The hearing lasted all day.

A Distinct Surprise
There is no misgivings that the verdict came as a distinct surprise to all who had followed the evidence. The attitude of surprise was quite pronounced with his Lordship, who in his charge to the jury before their retirement had favored the bringing in at least of a verdict of guilty of a lesser crime, such as doing grievous bodily harm. In fact, from his Lordship’s remarks to the jury a verdict of guilty of the offence as originally laid would have been justified.

His Lordship emphasized the point of law that it was not necessary to establish that Whissel’s bullets had found a mark. The very fact that prisoner had pointed a rifle in the direction of the officers and fired was sufficient to prove intent, with possible consequence over which he (Whissel) had no control.

The jury was polled at the request of Crown Prosecutor Shaver following the bringing in of a verdict of not guilty. The verdict was confirmed.

Echo Of the Way
The case is an echo of the war and the enforcement of the Military Service Act by Dominion Police in this district. It arose out of a visit of three officers on the morning of April 13th last to the Whissel home in Louise township, near Espanola, to apprehend Fred and Joseph Whissel, alleged defaulters. The visit was made at 1:30 a.m., and during the proceedings, which were quiet lively, Officer McLeod received bullet wounds in the side and thigh which necessitated several month’s hospital treatment. From the nature of the wounds it was nothing short of a miracle that McLeod’s life was spared, a rib deflecting one of the bullets which, according to medical testimony, would surely have penetrated the body and caused death.

Shot By Fellow Officers?
The defence set up by J.S. McKessock, counsel for prisoner, was that McLeod was shot in the confusion of proceedings by Officer Cantant, a companion policeman to the Whissel home on the night in question. Justification to a certain degree was also set up by defence counsel, both of these defence pleas overshadowing all other evidence and undoubtedly had definite weight in the jury’s finding. Officer Cantant was the only member of the police party who carried a gun, and was taken along on account of his ability to speak both English and French.

An Unsatisfactory Witness
Cantant was a most unsatisfactory witness for the Crown, and if the nervousness he displayed on the witness stand was in evidence on the night of the shooting there remains good reason to doubt which bullets, those from the firearm in the hands of Fred Whissel or in the hands of Cantant, wounded Officer McLeod. Cantant was unable to state definitely, under pressure, when and where had fired, or what he had aimed at. He just shot wild, he said.

The Mother’s Evidence
The evidence of Mrs. Whissel and her daughter, Anita, was the only new testimony which was not published in these columns at the time of the preliminary trial. The evidence of the mother and daughter tallied in close detail with that of the two brothers, Fred and Joe.

Mrs. Whissel told of the visit of the officers on the night of the shooting. There was some noise at the door. She was frightened. The first words Mrs. Whissel heard, she said, were ‘open the door, or I’ll shoot.’ The witness called and awakened the younger son, Joe, in an adjoining bedroom. The older son, Fred, came into her room before the door was opened to admit the officers. Mrs. Whissel herself in the meantime getting dressed. She heard something about Joe going away with the officers. To this she admitted offering strenuous objections, but denied any threatening attitudes with a stick of wood or a poker. The wood was picked up to put on the fire and the poker to stir up the coals. The mother admitted using the poker to emphasize her objection to Joe leaving. Mrs. Whissel also denied the use of profane language to the officers. Inspector Tomlinson, she said, ordered his constables out of the house sooner than have trouble. McLeod, however, was insistent. He seized her, (the witness,) by the wrists and she cried out to her son Fred, who had not yet put in an appearance, but was in hiding in the bedroom, to ‘come and help us.’ At this moment Fred appeared with a rifle. Timlinson was the first to clear out and Cantant followed. McLeod remained momentarily in the room, and Fred Whissel fired a shot while he was in the act of leaving. It passed through the door, she said, McLeod retreating. Fred followed to the door and fired another shot wild, ‘just to scare them off.’ Several shots were fired from the outside. Mrs. Whissel said, almost simultaneously with the reports from the rifle in the hands of Fred.

‘Why did Fred come into your room, and why did you send Joe to the door?’ Crown Prosecutor Shaver asked Mrs. Whissel in cross-examination.

‘Oh, it is just a fashion we have,’ said witness. ‘Joe is at the head of everything.’

Crown Prosecutor – ‘Is it not the fact that Joe was under age and Fred a defaulter, that you took the course you did? Mrs. Whissel.’

Witness – ‘No.’

Q – ‘Did you know that there was such a law as the Military Service Act?’

A – ‘No.’

Q. – Mrs. Whissel, did you not know that some of your neighbors’ sons had joined the service and that others were being taken?’

A – ‘I did not think that they all had to go.’

Q – ‘Did you know that your son Fred was a defaulter?’

A – ‘No.’

Q – ‘Did you know that there was a war on with Germany?’

A – ‘Yes.’

The evidence of the daughter was the same in almost every respect as that of the mother.

Prisoner On Stand
The prisoner, Fred Whissel, testified on his own behalf. He had made up his mind, he said, to report for service but kept putting it off. He would have readily given himself up that night were it not for the threatening attitude of the officers. He had fired to protect his brother and his mother. The prisoner admitted firing two shots, but did not think that he had hit anyone. He was quite sure that he had not hit McLeod the first shot he fired, as McLeod was still in the room and he fired at a partially open door. Prisoner admitted firing a second shot wild from a hip position into the darkness. He did not know where it went.

Which Bullet Caused Wounds?
As the trial proceeded the case hinged more and more on whether or not wounds were inflicted by a ‘32′ revolver in the hands of Cantant or a 38-35 Marlin rifle in the hands of Whissel. The evidence as to range, locations, etc., was most conflicting. This was gone into at great length, while evidence was also introduced by crown counsel as to the penetrating power of the respective firearms. Medical testimony, too, was also introduced to show that it was very unlikely that a ‘32′ revolver had caused the wounds.

The jury retired at 6.5, returning their verdict shortly after eight o’clock.

Grand Jury’s Report
Following is the Grand Jury’s presentment read last evening by Mr. C. M. C. Brunton, foreman of the jury to Hon. Mr. Justice Rose, at the Assize court in session at Sudbury this week:

Justice Rose, Judge of the Supreme Court of Ontario
Your Lordship: We, the Grand Jury, after a thorough inspection of the Court House and Gaol, beg to report that we find both buildings in first class condition. In our opinion it is a regrettable fact that the accommodation for female prisoners in the gaol is not more adequate. In the female cells we found a woman of feeble mind who has been an inmate for nearly a year, and we think that she should be removed to a home or other institution provided for such unfortunates. In the male cells there were three feeble-minded prisoners, one of whom had had medical attendance and has been pronounced insane. We feel that this man should be taken to an asylum immediately. One of the other prisoners referred to has been in gaol for three weeks awaiting medical examination. We feel that this condition of affairs is deplorable and that an effort should be made to expedite dealing with such cases.

Before concluding our report we wish to thank your Lordship for the very able and clear address which was of great assistance in enabling us to reach our conclusion in the various cases.
                                            C.M.C. BRUNTON, Foreman

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