JULY 2o. 1941

MINOR MURDER BASE i AS OIITLINEII IN BNARGE 0F MR JIISTIRE "SAUNDERS

, view of the

a wt flfifiliiis? of The inns lvidrggdflick phillips and Earl Y5 chqfgfd with and subscqlle ' Lund‘ .1 ‘ted of the murder of Peter liflmbflo, w... given by the trial “EM.- oiistlce A. C. Saunders. '7“ 0' driress to the 1111’? i" “l” i“ hi“: court on June 2B last. A ililll ‘m, o; the address was pub- lllmm a, me time. In view how- ‘df me importance of the ease. N" o; rgqucsiS for a more detailed “d 1 The Guardian herewith pub- rtll°l 1m Official verbatim tran- fin,“ o; Judge Saunders’ sfiée on that occasion: m, yon-mail and Gentlemen oi the

m’ i ow reached the last we Olptheisnlmportant and anxious lllilleh, that it now becomes my u“ to address you. Perhaps I am lmluni in saving it is a case of i”! vaiitiiil evidence There is “munlliii-e, definite or ‘direct evid- c" mi‘ “L? "title? fillimhll-‘é m’ mnwalie case so far as the “midis concerned depends entire- “ “ll. “$122525 silimlibaihll "omirqrs" defence is that of an plug)‘ l lllev were elsewhere ‘m Tm l‘ was committed ‘Iimqlhqca i‘H\X\"i(ll‘l‘(“ the evidence‘ is ll l -~‘ ‘.

. -.-- ». .l. if vcr ink PM“ c“iiinhifqrdiridumstznceg ils a m me c l d is well welded into mum‘ link‘ in annot be a stroll!- ‘hergfifhrliiiviietiiat- on the other er » - . -

t a °‘.t.i.‘l'°.€l°§.".'l.‘§ll N! llfifilijlulve ‘utmost care lrl

, .. .

gm ur mqke sufle in) parssing kalong m, than} ni‘i1ll ‘$31G ima: etgp ma; llilifll) ‘iiyfiSdo on“ flKaBA-“nir, a e ptlsonrlsshlki P Y m7 (raw or bii .i _

clrrlimsrnniial evidence does not m“ g lot of suspifious cfiicum- "anus, That is not t at a . lieu must naic each circumstance wh ch ‘sioundcd upon. those which are to g plccril together into one whole, ind from ivhich the conclusion. is to b(td€1'l\'t‘£i,Cil‘Ill'ly demonstrated by iiidence. It has been said times wlziioiit number a chain is 1'10 flongul‘ ihaii its weakest link; so iisclrcunisinnlial evidence is worth n-mliiiig if any essential circum- ltancc is ilol. established. _

llavuil said all this in regard to

(lrfllmflfilllllll evidence. let me iiiake this clear‘ to you. that very. iery oiten ln criminal cases we can fever get, better than circumstantial iildencc. and very ffliflksfigpéigi

- llabe an us t - Bighorn-sci, evidence, DmTUSG iaclsrn not lie 85 ‘lumand lnngfi '°“l,°‘.‘,‘fl.“,s (kill ‘irzgglarrdagleagcts add

ii ' \\'

gocuinstniiccs contained in the rlldellce submitted by the Cfflllléflbfll! iiiilch lllorc reliable and def)?" a e {nan in.- fllHCL evidence of the X3611; fllargtd iilzh having imbrued t e lands in the blood of the inoffen- iiie old man Peter J. Trainor.

Gentlcmcn, you and I have the irzisiactlon of knowing from what re have observed during the trial iliat there has been no failure on he part of those entrusted with the dutv of watching over the in- forests of the country's justice: or d those ivno have been employed illfitliflldillg the interests of the prisoners.

In tho many cases I have from time to time seen in Court I have rover seen one in which one coulzl lrcl moro clearly that full justice has bccn done to their work, both by the Attorney General and his counsel and counsel for the pas-t oners. That lo a ver rea ex n lightens my task andymgiskes it that nurli oasirr for me.

we might expect all we have heard and seen of the Attorney General as his experience and abil- rl" has been recognized for 505111: lllif.‘ pnsl. I feel I would be dere c ill my fllity if I failed to compil- rrient lhc loss experienced, but none Lac less ivori-‘i-iy counsel for the prisoners on the very creditable dis- charge oi his onerous duties.

J lldge‘: Province

The province of s. judge in a tzimlnal case such as this, when he rears some evidence which he re- lards as ilntruthful makes it dif- izcult for him to analyze the evid- mte in detail without exhibiting the appearance of bias, Bnt let me ‘Wile ‘foil lny greatest endeavour ‘in be i0 bring out the many fea- lllff‘; of this important case in a '""~*_i llllblasscd manner so that full iilsticr may be done. The Attorney fitneral too should not unduly press "W matter. l think in this regard it has been eminently fair. Coun- tdtl for rho prisoners is expected to fiend his clients to the utmost of m‘ ‘blilly- This I know he has done

At the conclusion of the sum- Fallitfl u! the evidence by Counsel mihilik it is a wise and reasonable wlélg that some words should be ____lijssod to tho Jury from a more Jillmclal and impartial point of ‘m- VPIZV often it is the ljlctice knvuilllv la let counsel eat at in Nth the evidence submitted M, 91 dost‘. and for the judge to e Snlllly with the essential fea- m at It really i; the job of counsel m lllallze the evidence from every 013v,“ l‘ 6-. their reppective points

5W It is my practice in every which comes before me

‘m, v every feature m “"1! phase of the evid- W Rs fully and

completely as {gfible In this the most import.

cockgitlie that has appeared on the m h" in many years. I intend to m“ 0 every detail of the evid- pgsveilklglrilléstiiéeiefi; as lies within a .

gm" “l1 you further that lt is ‘he actice of a judge to suggest to "nixll Killings which occur to his " "Don the evidence. I

m Blvd you the benefit of iny "m1?! o how this crime was mm“ ted from the evidence sub- mh ‘min the case. But I will do so b“ m s caution, namely to remem. my ore)’ are only my ideas which iitniayviiiin be cgmt‘ i oi t BBY YOU n l

"nflglétion will be simply in views hsfrvations on the evi once-

m, bag iggigllhguld accept whet I! ' y or your persona wniiii"‘lsuii... You may be inclined “y cg Flume weight to what I may m; o?‘ "8 from a person the misl- m whose life it has been to owl’, ‘£31 68sec. to see how they I be treated. and to notice whiz’ at}! 0f them and to no what mm Y 1 for or against the ris- - on doubtless will be inc ma:

"’ ‘it’ that. but do it always

this impression u on your minds, that what is ad ressed to you by way of observation upon the evid- enoe dressed to you for your consideration. and that it is quite open w ou to accept what I say, or accept t in a. modified form, or to reject it according w your deliberative judgment. One thing the jfildge has to do is to guide you in t e matters of law. The law you must accept from me. but for- tunately in this case very little law is involved. Perhaps I better say this: that there has been some suggestion that you might bring in a verdict of manslaughter. This is not your duty in this case. It is you duty to find the prisoners either guilty‘ or not guilty of the charge n e indictment. It is not necessary for me to repeat what the Attorney General for the Crown told you He informed you what "murder" is. That is all the law that is necessary in this case.

Nature of Crime

The prisoners are charged with having murdered a highly respect. able and an exceedingly fine, inof- fensive, industrious old man It would be difficult to exaggerate the gravity, even the atrocity’, of this horrible crime in such a fine quiet law-abiding city as Charlottetown. It would almost appear after list- ening to the details of the crime that there is no limit to the depths of human depravity. 1t i5 true, gentlemen, that the prisoners are entitled to say that they have no duty in the matter whatever 'I‘hat the burden of proving the charge made against them rests on the Crown and that. unless the Crown proves the charges they are entitl- ed to be acquitted Under our Jurisprudence every man is presumed to be innocent un- til he is found guilty_ Considering the number of wit- nesses examined, the importance of the case. It will be my effort not to which are involved i: it, it becomes all the more necessary that I should give you a clear, concise account of the various stages and aspects of the case It will be my effort not to press one fact too far, but to act as fairly as I possibly can The offence for which the pris- oners stand charged is the most serious in the calendar of crime. It is the taking of a human life. The life of a remarkably fine old re- spectable citizen. 1 need hardly re- mind you that prisoners so situat- ed when guilty will‘ naturally cling to any straw in order to save them- selves. They will manufacture any story to suit the occasion in the hope that someone may believe‘ what they say, and thus accomplish their purpose. An oath does not lnean anything to them. The only thing that matters is the regaining of their freedom. , I am not saying the prisoners at the bal- are guilty. I simply say if they are Quill-Y 110w much reliance can you place in anything they may have said in their own defence? I will say without hesitation I was not greatly impressed with the evidence 0f the prisoners or their witnesses.

These are the things, I repeat, which makes it exceedingly diffi- cult to bring out all the important features of the case without hav- ing the appearance of bias. Why should you and I reject the evid- ence of certain witnesses and ac. cept the evidence of others? We do so because as prudent men we very often can size up a situation after hearing the answers of witnesses and observing their demeanor in the witness box_ I will endeavour to explain more clearly as I analyze the evidence my reasons for such conclusions.

I simply want to say I will not shrink from doing my full duty as I see it by driving home every fact and circumstance for or against the prisoners as they appear or occlir to my mind, without fear or favour, so that you may be assisted in ar- rlvlng at a far, just, and con- scientious decision.

I repeat again. you are the sole judges of the facts. You may or may not accept what I have to say to you regarding the facts. It is your privilege to disregard all I may say regarding the facts and come to our own conclusion re- specting em.

Evidence Received

Now then, gentlemen, there has been considerable evidence address- ed here ln this case, I am gfling into every circumstance in connec- tion with it. I do not think there is v ry much mystery involved in this cl e. I don't think it is a difficult or intricate case. If there is any mystery involved it is the duty of The Crown to solve that mystery. It would never, never do for the crown to point into the dark and say to the prisoners at the bar, “Un- less you can throw light into the darkness you must be held to have engaged in crime." It is necessary for the Crown to throw light so that you and I can see without any difficulty. Gentlemen. I think the Crown have done their duty in that regard exceptionally well. and l want to say at the outset that the Police Officers who had charge of the proceedings that night are to be complimented and congratulated on the discharge of their duty. Ever single officer took his life in his ands when he tried to arrest those prisoners now sitting in that box

Vvilay do I say that? You heard the evidence of Mr. Gregory and Mr. Munn. As Gregory went up- stairs he was struck by a bottle something the same as this, and apparently it broke because liquid came out of the bottle. ‘Ihero is no evidence that. it. did break but he got a crack on the head that, ac. cording to the evidence of Mr. Sterne, completely dazed him. And aceordi to the evidence of ML. Mann t crowbar was used over his head, And he came ‘bumbling down to the bottom of the stairs. He might very well have been killed. And what followed? When Officers Webster and Lund went upstairs what took lace? Down came a chair tumbl ng. Well a choir rhaps would not be such a. very angerous weapon, but. fol- lowl that according to Constable Webs r, this crowbar was hurled down. These crowbars are here for your inspection. You can take them to your juryroom. Just Dick till! “l! and imagine that striking you on the stomach or on the hiflli- 1i m" happened to strike those men, I lm

n;

satisfied that not one of would be here to tell the tale. That evidence lg contradicted by the pris- oners, but Cmstable Webster swears ‘tbhat is the bar, 0r one similar to

But that is not all. Webster fur- ther says when he had this man Phillips after he was arrested and was taking him up near Grafton Street to the Police Station, what happened? He said, "If that gun had been working you would not have got upstairs." What did he mean? It only had one explanation. It means he would have shot him dead. That's the kind of man you are asked to believe when hi; cum“ m1 the witness stand and that's the actions the police officers were up against on that particular night. And I 5W they are to be compli- mented _on the success which at- tisazf. on “t. ""-

. er, en emen, that is by the way. g

Let me now deal with the evid. "we. I "m 801118 to deal with it rather extensively because I think it is necessary for your minds to be refreshed. We have been six days on thk case and I know you could not be expected to remember a1] the evidence in that length of time 1.5"‘ 801118 to start from the be’ ginning in chronological order, not is the witnesses came on the stand,

ecause 1 think I can demonstrate "w" Clearly every connection of the events so that you will have no difficulty in arriving at a con-

clusion First Witnesses

NOW. what haslbe in this case? I willegtdlrflltae withdrew; first witness, William Ryan He swears he lived across the way 40 ft. from the home of the deceased and on this evening Jan- uary 30th. he went into the‘ store oi the deceased about ten minutes to ten, and he made a purchase I don't care whether he bought four- cflmmflls 0f Eight caramels but he bought some bread and it‘ is true he Bot some change, He wen; m the"? Mlyhnw around ten o'clock- whether it was ten minutes to ten or five minutes to ten, theyg i5 some little discrepancy about, that, but that is immaterial. I-le was in there and there's no evidence to the Contrary. And when he went in there he found what? ‘The deceased was not in his store; the bell on m; top of the door was not ringing. That door after the tragedy og- curred was examined and the bell W85 fwnd not to ringing. But in any ease Ryan says when he entered the store the bell did not ring and he tramped twice on the floor to attract Trainer's attention because he believed the deceased to be in tho back store or perhaps in the dining room in the main part of the house and in only a minute or two the deceased came out and waited on Mr. Ryan who made his purchase. He saw the man and at that time he says he was in his usual good health. It is true that he was an old man, as Ryan says '19 or 80 years of age. but appar- ently a strong, healthy. vigorous man, able to conduct his business. And then he said he got his pur- chase and went home. What fol- lowed? He said about ten minutes to twelve he heard a noise as of someone being hit, and that noise he said came from the back place of the deceased. It is true a man might be mistaken. I-le didn't de. scribe what the noise was. I don't know-according to this witness the nlau was alive at ten o'clock, and at ten minutes after twelve he was dead_ Let me see. the next witness, Mr. John Gormley was a most observing man -he was able to give you the full details of what he observed there that evening; very minutely, carefully, and honestly. What did he say? "I went in there at l0 minutes to l0 and when I went in there the deceased was serving a little girl and as I stayed there for sometime two other ladies came in and made purchases and then went out and then he began discussing and talking current events, talking about the Court proceedings and the deceased pick- ed up the paper and was reading something from the Court notes." In any case they continued to talk together. He went. in about ten minutes to fen and remainded till half past. ten. But while he was there what took place? Just about closing time Mr. Gormlcy says what? He says it's the custom of that man to close at half past ten. Mr. Gormley knew the Custom-S and habits of that man, closing a- round tcn or ten thirty. In any case about that time the old man starts to close his store and he goes to his cash register and takes his cash out of his cash register. And he puts that, the notes and sli- ver in a bag. The has i185 bee" presented there for your perusal when you go to the jury room. What. further does he say? I-le took the money and he put it down cn the shelf just before you go into the dining‘ room. And then what next did e do? Mr. Gormley said he opened and he closed his safe. One would naturally think that the old man would have put lug bag of money in his safe, pro- babl he intended to do that. gent omen, but let me tell you rill" now that that, money p.aced on the snelr ls going to play an important part. in this case. Now what hap- pened after that? He Said the 01d man in his careful manner welnt out in the back storeroom and 1e put. the weigh scales over the lite - lar hatch in order to make t elm sure, 1 suppose. for the night. Ma“- ing every preparation to close x s store, and then he said he came £- slde and went behind the 00:11:; i‘ and went down t0 the 511°"? ‘l’; and took out some baskets 0118313 n in order that he‘ might P" ‘Aid the blinds and (1.056 his istorke‘. u Mr, Gormley saw it was trne e was closing his store. But there w something a little further that WM l an important part. He going to P BY ham. says that he had been in the ~ o; o; going in there frequently, two or three times a day. He Wkj - ased time and again. ea to the dece I m the knew the methods of Ml! 8mm store. l-le told you and 4"" that not. only i5 m9 diafil ‘élosg Wm; n bolt but he sally a M“ takes this bar and theres a m ‘ m the bottom of the floor and a» sharp end is inserted and the 0th“ end is put in the bolt on the l0?- Thgi/g th¢ method the old man 1 d 1n having his store closed. emp oYe w“ was it that way that night? I vou gentlemen. that's Omit w P1" ‘ tgnt rt nconnection a very im,por P8 l with this case as I will disclose l; a very little while. in my Willi ‘it view. It wasn't. closed that WBY» wgg just bolted. At least Gormley “is mgr, was his method. ‘Igor Gormley, just before he wen '-

took out his watch (which We! correct and accurate becaussd ‘ti: next day it was still 80in! b"

them‘

asked the old man the time and he lman w“ m

THE CHARLOTTETOWN GUARDIAN

A new town has sprung up al- most overnight in Quebec province. a town with its own post office. restaurants, hospital, lire nnil police stations, named streets, evcn an abbreviated railway SfiZiiCill 0f its own, but no dwellings. The pim- ulation cannot be given, but it runs to several thousands.

Visitors are not welcome in this town, nor are people anxious to visit it except on business. l-iizh. closely-knit steel fencing surround". every inch of the townsite. Power- ful floodlighte illuminate the area to daylight brillance at. night. Arm- ed and uniformed guards early 0" a ceaseless patrol inside and out- side llte fences. Every visitor must be in possession of piisscs signed by high authorities, and abundant proof of identify as well.

This is an explosive town, a $15. 000,000 development that is a key place in the coast to coast. j of Canada's huge munitions pio- gram. Millions of shells. thousands of bombs, will be filled with ex- plosive in this town.