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. past ten" and he said "Good Night" and the deceased said "Goodnight, Jack" and Jack swears on _ night the old gentleman was in his usual good health. There for over half an hour talking with him and then he left_ There was a man who happened to know the habits and customs of this old man. It is unreasonable to think that if foe prisoners were living in the city of Charlottetown. one for twenty years and one near- l_v that, would it not be that they would be observing before they would undertake a thing of that kind? Would they not. know the habits of the old man? Men 0f that kind are always on the lookout making their plans -that’s the history of things of that kind. "I onl throw that out. ‘There's no evi once. Lilnd said he was novel‘ in that store. I am only suggesting. If people are wicked enough to commit deeds of that kind. they are going to prepare for it. Constable Land's Evidence Now we follow along; the import- ant witness in connection with the crime is Mr. Anthony J. Lund, the Constable. What did he have to tell you? I-Ie is the gentleman. or the constable, who apparently took charge of the affairs that night and he is to be commended for the excellent way in which he perform- ed his duties. What's his evidence? His evidence is on the eveningof 10th January last about ten min- utes past twelve he came down Queen street and as he got down to King Street he turned and he was accompanied by Police Officer Webster and as he got by Riley's Tobacco Factory they observed ii man down at Pownai Street right near the home of the deceased. But the snow at that time was 4 or 5 feet high and all they could see was the hat of that man. They couldn't see who it was as he was some distance away They couldn't tell what he had on or anything of the kind. But this Mr. Benjamin Gauthier could tell exactly what kind of a hot. he had on and all the rest of it. According to his story Gauthier undoubtedly heard about some man being there. The prisoners say that the store; they saw him coining out. I suggest now that he was a lookout man for those in the store; and when he saw the . Dr. Pierce). lfiifiiifllflillléaifla Whit time it was and the deceased says "He" Police Officers coming along he moved away. 111st‘; my suggestion Afiliml’ ihPYP are two towns-a town wllliln a to‘ "ii. In the outer ring arc Iifillllllifi-Fflllmll buildings, 5|.0l'(‘ili)ll.<f5 for mnforials. cafeter- ias, file and police stations, and construction bililrlings. The inner town is scpaixitod from this outer ring by fences, and everyone who passes throllli the gates is subject- ed to an cvrn more soar. l mznation than at. the main gate. Smoking is absolutely taboo in this ‘ lllllPi‘ tnivii. ‘Traffic regulations are F-‘Yivt Llllrlrl" no olrcilmstances may the fll'l\'(‘l' of one vehicle turn out to pa-"s another. The buildings iii the oillei" 'o\vi: are in orderly array, but tlicse 1r.- sirlo the sconnii fenve scem to ne scattered almost haphazard, "liiov are unimpressivo. almost ugly, in ailpcaranre. K121i)’ are silrvoliiidod by rnnorolo rziirl limher laarrlcalics higlioi" than their rooftops. solid retaining iv lls that FITlC the buzld- lugs tllomr. vos, some of the most powerful explo- i llolziliri those walls men handle that . l slves known. They know the fill potentialities of these chemicals and treat them with respect. The old saying, "Familiarity breeds z contempt", does not hold true in an explosives plant. Rather, familiar- ity breeds respcct and caution. A tiny infraction of the rules, the slightest bit of carelessness on the part of the worker, might endanger the lives of a score of more. S0 ,l*l'(>l‘_v worker automatically polices his fellows. For his own sake. he permits n0 carelessness on the part of h‘s fellows and watches his oivn actions scrupulously. One visits such a plant with trepidation, but learns quicla,‘ that the danger" is slight unless some- one becomes careless. The visitor arrives in a division of the explosives plant. Before en- anri credentials and sign ii reglsier. l-le thrn goes to the (Panza room. dant most of the contents of his pockets-matches, cigarette light- ers, cigarettes and tobacco in any form, food, chewing gum, pocket terlng. he must. produce his passes r where he surrenders to the atten- i MAllfii TETOQLS WR FEEDING THE GUNS Shells by the thousands where a whole community the most good in scattering seen stalks oi’ Howitzer shells anti-aircraft shells. knives, keys, nail files, sometimes even watches and coins. To make certain that nothing is overlooked, the attendant searches the visitors in expert fashion. I-le turns out pockets, feels along the linings of coats and vests. to make certain that no stray match or matrii is secreted amid the fluff which ac- cumulates in the clothing of most men. The visitor is then taken to a barricade, fitted with a metal stile. Signs indicate that the room on one side of the barricade is “dirty" the other side "clean" this is high- ly important. Mounting the stile, the visitor pulls on a pair of fresh- ly-ivashed rubbers before he may stop down upon the "clean" side of the barricade. If these rubbers as much as touched the apparently spotless floor on the “dirty" side, the visitor would have to change to a fresh pair before setting foot on the “clean" floor. The whole pur- pose of the precaution would be undone if metal or grit were carr- ied into the "clean" section of the plant. Workers in lite plant do not wear rubbers, but leather shoes which are entirely sewn and contain no metal. They also wear long cover- ialls of grey flannel, which they don in the "change room" and dis- card before they leave the plant. These formalities over. the visitor is guided along corridors which seem to stretch for miles, "walka- iways" connecting with side corri- dors leading into separate buildings where various process are carried on. Some of ilzese buildings are comparatively small. with thick iivalls, where dangerous operations . are in progress. Others, whore less l danger exists, are as big as trolley l car barns. I I One series of buildings is reserved for the filling of aerial bombs. The steel bombs are unloaded from channing worker in the lower ph PKG! NINE. OF AN EMPIRE are pouring forth from [his Quebec plant _ of workers spent their days nonr-lizrliiiilly tucking T.N.T into container; dle-Istmecll to expltliri; ‘than. “Nev-H M e un. n e - »- -; Will's liquid T.N.T. into anti-aircraft SNIQNNSIIDI; ltiptpgf‘ Nitgrlliilnzalvl-nlig awaiting shipment. overseas", The 01o is finishing composite parts fur Tfreight cars and stocked f»; afgh- minzlry inspections rind r1 fllUYFHJTEI cleaning. inside and out '1‘, is up-ended on a special e 1'1 the big base plug is l'P!ll0‘,'r-(l cardboard former for {he {r1213 _-"_=, then inserted in the 1103C enrl anal sealed firmly in place uath plastic AflflihPr former is fixed in the base end for the second explorer. 'I‘he building “Pore actual filling is done is three storeys lu height, On the top floor is the steam- hcated oven in which T.N.T., nor~ mfiiil’ a granular substance similar in appearance to old-fashioned brown sugar. is melted to a liquid resembling maple syrup, The 12x13‘ is mixed with another chemical in a machine which finds n use in domestic industry as n broad-mixer. ‘rheresultantmixturo is a yellow- ish- brown fluid whirh pours read- ily to the first floor through s com- bination of pipes. Here workers operate ‘calves which allow the ex. plosives to flow into the bombs," it pours slowly so that every crevice may b; filled. from the filling room the bomb goes to a department where work- ers tamp down the explosive with wooden clubs, smooth off the sur- face at the base end =oal in in ivlth plastic. and insert. base plus. After final inspection iiio bomb is ready for shipment oiorsoris. The tall assembly, a light metal framework that serves to keep the bomb in an ilprlghl rmslfion during ifs‘; downward flight from the plane, is shipped separrrely. So are the detonaling mechanisms. known as pistols, which . the charge of high explnr. o. Those, are inserted in the bomb irl tile tail assembly put on, by 1o rilr force armorer ivhon he prepzilvs to loaf. the cargo of death on the llfi‘llh"i' before it takes off. The lvimb itself is comparatively safe for liriiriililg to you. Anyhow, what does Police Oflicci" Lund sol"? As they came along King Street. they proceeded along till they came to the corner of Poivnal and King and then they iloticod at toll minutes past twelve while they were on their beat they lookrd up to the house of Peter J, Trainor in the upstairs Window nnri they saw a light. They knew that was unnatural for the old gentleman to have a liahi at that hour of the night. something made them suspicious because immediate- 1y they go to the corner of this place and they stand and they list. en for a few minutes at the cor- ilcr of the house, and then they move over to the door aiid what do they see, gentlemen? A light com- ing on downstairs, and the about one foot. from the bottom. And their they go ovcr and Lund looks in to the latchkey hole and he sees the prisoner Lund standing some distance from the door. And then about the same time, or within seconds anyhow, he hears the cash register ringing and then inlmedlatcly following that he hears someone inside, “The old son of a bitch!" or something of that kind. What did they mean? The prison- org say, "1 ivonder where the old son of a bitch is!" or do you thiilk something like this - s said, "The old son ot‘ n blioli takrn all the money out of the c sh register!" I . don't know of course, there's no evidence gentlemen, but bolll Con- stable Webster and constable Lund hoard that remark and they did not hear "Where is the old son of .i bitch?" hilt "The o‘d son of a hitch!" That's their evrlionce. Quite 1i difference. is there not? There are so many little incidents in this case. Straws sometimes tell the way the wind blolvs, Conflicting Testimony Now then, at that time holh of those men say they tried the door and they couldn't got in. They put their hand on the latch and tney couldn't. get iii. I am just bringing it to your attention because 3'0“ heard only yesterday the prisoners say it. was sometime after that. be- foro (boy halted tho door. D0 yrmlbe- ileve the police officers who have m; futures; iivhalover in this case. o: do you believe those criminals “tho are now charged with this of- fence? It is another simple incid- ent but, in any case. Lund and Webster both say they tried the store. _blind pulled down which was up door and couldn't get in. I am go- ' ing to put this question to you as sensible men. Do you think the Po. lice officers would be so silly as to not try the door when they saw Lund in there? It's a question for you. Then what followed? Lund hit the window in the door with his flashlight and what happened in the instant? The light went out. ,Then they heard scurrying and the yprisoners admit that themselves. Then the Police Officers saw some- one coming along and sent word to the young fellow to phone, and as a resillr word came to the patrol car by radio and Constables Poole and Gregory arrived on the scene and at the same time Mr. Reddin and Mr. Stcrns arrived. But before Whey arrived, Lund in his careful shrewd way of looking after things went around to the back of the house and through MacDonald's, the neighboring house to the south, he iivent through their home and at the back here he said the snow was from to five feet deep. No foot prints of any kind, through McDon- ald's yard into the yard of Peter J. Trainor. Fresh snow 4 or 5 feet deep; he threw his flashlight a- round and saw nothing further and then he retraced his steps and came back and as he came back those other officers arrived along with Mr, Reddin and Councillor Sterns, and just prior to their comin this witness Mr. Munn arrive on the scene because he relates the very same circumstanc- es as Officers Lund and Webster. All their evidence is corroborated from beginning to end by all these ivitnesses. Now what further flap- pens? Lund still in charge goes back. l forgot to mention before he went around after he hit the wan- dow in the door and it didn't break. he took his flashlight and fie broke the windt/w in the Fhcw window- made a hole and stilck his flash- light in. l-le didn't break tile win- dow completely out; he just broke enough to pass in his hand with around to McDonald's and came back and as he came back he met. the other officers. but couldn't got in then. Do you think thuv men fieienlly to permit himself Webster to get. into the store. the flashlight and then no iivont‘ store? Lund immediately went toy the door and he says he Opened" that door just by sliding back tnel boil. That proves conclusively bhati that. bar or instrument was not} used that nighit. That, they slivearfl, was never locked in the llSllHil way as was the habit 0i this Oifi mflfl to do. I think that will play n, vierv important part in connecq tion with this case as we develop it 1n The Store i Now then, they are in the stored Mr, sterns and Ml‘. Reddin andl Mr. Munn and all the rest of them l including young MacDonald, all go in the store. every single one of them. And the first timing Lund does is flash his light around the store; he doesnt 5P0 apparently arty of these birds. they are not there. and then he goes out to the store- room. I-le didn't go in but threw hig flashlight through. 1115i‘ ‘ i"- stantly, I suppose, and then he gces out, into the main house and while he lg doing that Mr. Ivan Reddln, -they are all looking around. na- turally they are iill curious because they were told ivhaf- WRS 80mg ‘"1- that someone had broken in. Of- flcer Lund- a-t the outset had warn- ed the/into be on_ the look out so those inside colildn t get out. so they naturally were curious enough in find where the culprits were. In fast, Webster says ivlliie Lund ilvas around to the back of the house he put his flashlight up to ihfl front of the house and saw a man. he didn't know who it was. but he‘ saw a man upstairs in the ivlndosv. Now then, as Webster rind Lund l were in that. house. the riinln house. what happen‘? Ivan Rocdm goes into the back storeroom. What takes pifiCt‘? He legs Ol‘ feet. of the deceased pro- until the detonation devices are installed. stable Lund again gave inst- c- l-lOns t0 Mr. Rvlldlii ti» 3e doctor and the ('Ul‘(‘ll " undertaker and as h" those instructions. gent." ac- cording to the evidence, uli pened? Now l am '-‘."‘lllt. the cflnstalllvr» who iilv- ili for a moment‘. aria we xvii‘. =10 what happened outside. Constable Lund said before he went in that houso alirl‘li' ‘ Officers, Poole fl"fi (i along he immcril. ' Poole to the llfli, MacDonalds house. or‘s and pl ‘ lmkoiit to g. l‘ getting out and and Poole himself sail“ activ what did rake p says "I went nloll: uilli Lund ihwmgh .\l:iul‘o~-:i‘rl and MacDonald's bfl-Pk l pea over lilf‘ few: 'I‘raln<~/r‘s vrlrrl. and the fontpi its that llfVi b by Lund", “N> o: "cl said. Arid he strtvoo‘ ill’l'(‘. And as I lll(‘llil0llf‘(i a . ments ago. Lllll(i. ilistv f -f ing his stops aiirl flfilll‘! ll had gone thTOllQil \ house. ivoiit (iO\\ll_i_llIli tween MacDonald s homo of the ciorrasoi down a high foiiro or gale it down. and cct out flrfl smashed tho wlnrluv l‘l ill‘! the store. Now tilt‘ Milli" in the story. Pnolo llvu‘ back of that liousc and on "h. oilt. The other offtr-eirs are on the inside _ They are looking lo soc whit is iiaiyprning inside and P"olo ‘l5 watching at the outside. Wlvle Poole is standing tliorc he hears a gaw the noise on the northwest. comer of the bilild-‘ing, at the moalfhoil. "Ki truding n few feet beyond this he took it to be scrne of tho oi- table that was there. He gives the ficcrs trving to got out. and alarn-i. And chat. follows thvrl’! said "What BTCHYOU doing lllPYf‘. Councillor Stern goes in and he "who is there? . Ho g1 no rif- lights a match. according i0 hi5 sponse to that. And tlicii ho '1' urrl levidence; still "Jere was no light running through flu-i 5i°'~""l'"“1\\i in the back place there. He is about racing from the siflrvlvll the only one who immediately rec- ognizes the deceased. l-le saw the gaping wounds and he say the ‘blood and he saw the upset condi- wollld be so foolish as to be brsak- i tlon ni the place and he i-cccznlz- lug windows if lie could get in tae l cfi Pcivr‘ door? But t.he docr was lrvvcd. In , lv fellovvm! _ _ , , _ I any casg he bygykn the g-gud w suf. Colis-lrl: o Wr ‘ i'r earn? bak whfli l He says l2 or l4 foot liw-l. oi r lmdl the nlaztn was given. cwnialih Ll rid and l Nruttfyv-‘ywhiio thrv ivPrc J, Trainer and immcciatc- , they in a moment or tun some part of the. llislrl" o! l" in any case. and than lie i ly takes the proriliiinii i. close into tho lviise so ho he observed. That's his sll i, a crzvh up above iri" a a" . nil‘. lccmcs the glass. Ali-ii hr‘ s rs til". _ in grm of this mall Lilivi. tho ]ll"..<"ll(!l'v l What iOiIOWEQ as he got in the there lfoking at the decrascd, Con- , (Continued on page l0. C01 it d