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Daily Times-Gazette, 14 Sep 1946, p. 11

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HARRIS TRIAL (Continued from Page 1) he had returned home around "a ot. not. To a further question, the officer sald he had not told Harris that he had written statements from Don and. Carl Linton, Admitting that the signatures on the statement were used as a basis or comparing that on the package cigarette papers found on the this. To a further question by defence counsel, His Lordship interjected that it would have been improper for the officer to have spoken in such a way to the accused. "It would practically have -been , to use 4 common expression; 'e have all this against you. You might as well come clean," His Lordship said, announcing that court would adjourn until 11 o'clock Earlier in his evidence, Inspector had stated that on the Ey afternoon he had asked Harris if he had two packages of [ te papers, one having been from him on his arrest. He said Harris had replied that he might have, that one might be at home in his trousers pocket. Reported Trip Very Satisfactory As court resumed yesterday morning Defence Counsel Greer re- ported on the previous night's con~ ducted trip to Ajax where the members of the jury, were given an opportunity to the aréa in the vi- he Lo .of the murder scene, The J had been escorted by police court officers and Mr. Rigney and Mr, Greer were present. The latter reported that the residence at 8 Street where the body was found, had been visited follow~ ing which those present looked west on York Street from the Plant Road intersection while a young man walked along the street, where Harris was sald to have been last seen by the Linton brothers on the night of November 10-10, The party also walked over routes referred to in evidence in connection' with Harris' trip home on the night in question. "Very satisfactory," His Lordship Jeuarged, on hearing the report of ur. In the witness box yesterday morning, former Provincial Con- stable J. D. G. Sutherland told of going to the Lyons house on the afternoon the murder was discover ed accompanied first by Dr, Ken- neth MacLean and then by Dr, F. A. Cuddy, coroner. The bedroom in which the body was lying was all disrupted, he recalled. "The blind off the window was under the bottom right corner of the bed; the rug on the floor was turned over; there was a paper bag with women's hats on the floor and also a cardboard box containing ype he said, adding that there boarding at the time. He told of returning later that night from the Dshawa General Hospital with thief Irvine and Carl Linton, and after visiting the various restaur- | ants and poolrooms in Whitby found Harris at a dance in the Leg- fon Hall. The accused had been drinking and was wearing a sailor jumper and hat which were taken from him at the car by two young men who came out with a wind breaker which they gave to him. No Investigation of Linton's Clothing Constable Sutherland said that he had not made any note of the times the various officers arrived at the 8 Oak Street premises on | November 10 and that he was not present when. the Lintow's were questioned. He admitted too that he had made no investigation of the Linton houSe for clothing and that he had not inquired as to how the Linton boys were dressed on | the night in question. He said also | that he did not start out to look for Harris until the package of cigarette papers bearing his name had been found on the Bods. Ques- J tioned as to seeing this package, he | sald that on no occasion when he the body did he see such an | object, { "A Good Prisoner" | Sutherland, who has served in the | capacity of governor of the On- | tarlo County Jail since last Febru- | ary, testified that while Harris has | been under his supervision he has U.S. correspondents examine a pile of human bones at Leithain, Germany, in the heretofore unphotographed mass grave of 200,000 Russian prisoners of war who dled of slow starvation and typhus in the hands of the Germans. The graves were discovered this spring. Until the discovery they had been covered well and were used as farming fields and tree nurseries. The Russians have now put some 300 German prisone; work reburying them in a cemetery. This was the first time U.S. correspondents have been permitted to tour Seviet-occupled Germany, % oH : ~ r™ of war to First Photo of Indian Interim Government After being sworn in at Delhi, India, and after holding their first icture. They are (left to right): government posed for this endra Prasad, Sardar Valla meeting, members of the new Indian interim Sarat Chandra Bose, Jacjivan Ram, Dr. Raj- Patel, Asap Ali, Pandit Jawaharlal Nehru and Syed All Zaheer, been "a good prisoner." He re- marked that on one occasion he had noticed a package of tobacco and cigarette papers in the ace cused's cell with the name e OC. Harris written on the pa {] of papers, On cross-examination concerning a letter which Mrs. Nora Kyle who discovered the body had said she any whispered conversation or sald anything to each other, Chief Ir- vine said that they had not. He too said that he had made no in- vestigation as to the clothing the Linton boys were wearing and that there had been no attempt to find Harris until after he had called for the Linton's at their house and they had been taken to 8 Oak had picked up and put in the de- | Street. ceased's handbag, Officer Suther- land said he could not remember a urse or a letter being handed to im, He admitted, however, that he was 'very much upset" at the time, remarking that during his 16 years on the Provincial Police force this was the first murder he had been called upon to investigate. He told also of pacing off, at later dates, different routes from 8 Oak Street to Harris' boarding house at 1 Durham Street, Going 4 way of 'York Street, "Windsor, aple, Beatty and Durham he had counted 885 paces and it had taken him 14 minutes. By York, Windsor, George, Cedar, Beatty and Durham had amounted to 905 paces and had taken 17 minutes. Chief Constable John Irvine of Pickering testified concerning the arrest of Harris at the Whitby Leg- fon Hall late on the night of Nov~ ember 10, He said that Harris was intoxicated but had not resisted arrest and had given his name as "Harris Lorne". "Was he that drunk?" His Lord- ship commented. The officer said that on search- ing him he found a package of Vogue cigarette papers, a package of tobacco, a package of cigarettes some cigarette butts, $1.15 in change and a handkerchief. Asked if Harris and Carl Linton, who was in the police cruiser, had Chief Irvine also denied having seen or heard anything of a letter which Mrs. Kyle was supposed to have picked up in the Lyon's house Ir Be handbag she said she put n. Provineial Constable Leslie Johns, who arrived at 8 Oak Street with . Borland late in the afternoon November 10, told the court that when he was crouched down in the northeast corner of the bedroom holding the light for Sgt. Borland to take photographs of the body of the deceased, he had noticed a ackage of cigarette papers on the dy. This he said, was before they were discovered by Sgt. Borland. He recalled one of the Linton boys being in the living room and the other being questioned in the kit- chen, Superficial Abrasion Taking the stand yesterday, Dr. F. A. Cuddy, jail surgeon and cor- oner, voiced the opinion that the "superficial abrasion" on the ac- cused's left cheek bone which he had treated at about 2 o'clock on the morning of November 11 would not have dripped blood when it oc- curred. <iufi Previous evidence was that Harris had told one of the Linton boys that he had hurt his face when he slip- ped crossing a ditch on his way home on the night of November 0- 10, A shirt found in Harris' room 261 King E. | WE ARE Remember The Address NER A -- & ANDERSON GARAGE Phone 1244) DAILY ' trucking jobs bheca wifi kidhig rive Dot de use of breakdowns, DI in or phone We are now prepared to give you immediate fast service! on » 261 KING ST. E. Corner of Ritson Rd. bearing blood stains around the Doek had been entered as an ev- ibit. Dr. Cuddy said he thought the injury might have been suffered if he had formed any impression as to what might have caused it he sald it was probably produced "by # glancing blow of a blunt cbject." "Whether he fell on so ing blunt or whether something blunt strusk him, I don't know," he added. Dr, Cuddy, who was also the cor- oner called when the murdered woman's body was discovered, told of going to the house with Con- stable Sutherland on the afternoon of November 10. The body, he said, was lying on the back partly clothed beside the bed in the south= east bedroom, the legs slightly drawn up, There was a siken gar- ment wrapped tightly about the neck twice, Above the ligature the neck was a very dark color and there was blood dripping from her nose and mouth forming a pool on the floor. This secretion, he added, wouldn't stop immediately on death. He estimated that death might have occurred 12 hours previously. Asked by Mr, Greer if on exam- ining the body he had seen a pack- age of cigarette papers on it, the doctor sald he had not, He spoke of seeing some mud on the pink blanket at the "foot of the bed. The body, the sald, was partially clothed, wearing a blue chenille house coat and a white slip, which were pulled up under the body, and a pair of pink panties. He added that: his examination revealed no evidence of forcible intercourse, Shown a photograph taken in the room he remarked that fingernails on the hand visible appeared to be fairly long and not broken. To further questioning, regard- nA Harris' condition, the doctor sald that he had attended the ac- cused for a serious heart condition during his time in jail and that instructions had been given that he was not to do any work which would require much effort. Accused Borrowed Shoes Also called yesterday afternoon were witnesses who had been with Harris during the day of November 10. Gordon Runions, 10 Pine Street, Ajax, said that the accused had come to his house at 10:30 or 11 o'clock on the Saturday morning to borrow a pair of shoes, leaving the paint-spotted ones he was wearing there. He sald that this was not ticed anything out of the ordinary about Harris that morning. Runions told also of going to a dance at the Legion Hall in Whitby that night with Harris and Earl Robinson, addi that du the afternoon they had been in thy together. He said that he had learned of the on Pine Street, Ajax, the Saturday | afternoon with Harris and others nt. Robinson testified that he and Harris had left the Doble house for Oshawa at 3 or 3:30 in the after- noon, returning to the Run home at 6 or 6:30 where they pick- ed up Gordon Runions and went to a dance at the Legion Hall in thy. Urged by Mr. Rigney to "think hard" during questioning concern ing oonversation he might have had with Harris at the dance, the witness, after a pause interrupted 'by Mr, Rigney's query "are you thinking?" recalled that Harris, re- ferring to a fracas in Oshawa thé previous night, had said something ke: "If I get in any trouble you stay out of it." y C ning songs which the wit- "within 24 hours" and when asked | da; unusual and that he had not no- |. murder while at the Doble house | ness said had been sung in the car that t, Mr. Greer objected strenuotisly to Mr. Rigney's ques- tions as to the kind of songs they were. . "Your objection is noted and re- fused. Let's get on with it," the Judge declared as Mr. Greer in- sisted that any songs sung at that time were irrelevant to the case. Picked Up Letter Cross-gxamination of Mrs, Nora Kyle, neighbour of Mrs, Lyons, who testified to finding the body, cen- tred about a letter which the wit- ness admitted having picked up off the floor on entering the Lyons house, Mrs. Kyle said that she had read the letter and put it in what she believed to be Mrs. Lyons handbag across the street in Mrs, Milnes house. ° re pane did you find it?" Mr. a asked, referring to the hand- bag. "On the front room stove," the witness replied. Shown two tographs of the interior of the Lyons' house which showed a soft leather purse on a buffet and a case-like bag on a dresser, Mrs. Kyle said that she thought it was neither of these. She did not describe it more fully than to say that she thought it was a rather large, leather one. She stated that she had given it to an officer but she did not know his name. "Did yuu ever tell anyone until this moment that you had read by letter?" Mr, Greer continued. -" 0." "Have you ever disclosed to any- one the contents of the letter?" "No." "Do you say you were never asked by the police if you knew whose car that was?" Mr, Greer asked, turning to the question of a car which yu sald to have stopped briefly in front of the Lyons house when Mrs. Lyons and Carl Linton were coming out of the Kyle house on the night in question, "I don't say they didn't ask me but I say I didn't know then," the witness replied. Asked by Mr, Greer if Lillian Titus had told her whose it was, she answered; "I guess she did." When questioned again by Mr, Rigney, however, she sald: "It was on Christmas Eve that someone sald it was Cyril Hart's car," then adding: "It was more or less the gossip of the street but I can't say who told me." Asked by Mr, Rigney if there had been sometthing on Christmas Eve which drew her attention to it, she sald that "Cyril Hart's car drove up to my house" and then some- one mentioned something about it. Two Neighbours Testify The next two witnesses were Mrs. Lillian Milne and Mrs. Alice Kelly, two other neighbours who entered the house of the deceased shortly after Mrs, Kyle, Mrs. Milne told of going to get Dr. MacLean when Mrs. Kyle had said there was "something wrong with Audrey." To questioning by Mr. Greer she said that she did not remember see- ing a handbag or letter brought in- to her home by Mrs. Kyle. Mrs, Kelly, who said she was at the Lyons house when Dr. MacLean arrived and left about the same time he did, said that she did not remember seeing a handbag on any of the furniture in the house that y. Asked if she had seen Mrs, Kyle stoop to pick up a letter when she entered the Lyons house, Mrs. Kelly said that she had noticed something white lying on the floor when she went in and later she saw the letter in Mrs, Kyle's hands at the Milne house. She, too, was unable to describe the purse other than to say that she thought it was medium sived and black. Dead At Least Six Hours Dr. Kenneth MacLean told of arriving at 8 Oak Street, the Lyons residence, at approximately 1:30 on November 10 and opening the door to thte front bedroom saw the body of a young woman lying on the floor, obviously strangled. There was a tight, rope-like piece of cloth tied tightly about her neck, he said, and he had endeavoured to put his finger between this rope and her neck but was unable to do so. He estimated that death must have. taken place from six to perhaps 12 hours previously, a Shown a picture of the body in the room, the doctor said that his memory was that the body was in a different position, that the head was leaning up against the bed- post when he saw it and the body seemed to be more at an angle to the bed. Referring to what appeared in the picture to be blood on the floor near the woman's mouth, he said that all he had seen on her mouth was a kind of mucous substance and not blood, Shown the package of cigarette papers found on the body, Dr. MacLean said he had not noticed this on the body when he saw it, Saw Men On Road At 4 a.m. Stating that he lived in the first house west of the Plant Road on York Street, Dr, MacLean told the court that he had been called out at about 2 a.m. on the morning of November 10 and returned "at four o'clock precisely." Asked if there had been some- thing that fixed this hour in his mind the doctor stated: "It was fixed in my mind be- cause of seeing three men at the corner of York Street and the Plant Road. It was a most unusual hour and I took my watch out and looked at it. It said four o'clock." Asked by defence counsel if he had seen how the men were dressed, the witness said two appeared to be in soldier's iform while the third was in civffian clothes. "What were those three persons doing?" was the next question. "They appeared to be having an argument," the doctor replied. BUTTER PRODUCTION STILL DECLINING Butter production in Ontario in August ran some 15 per cent behind the corresponding period in 1948, reports C, E. Lackner, Director of the Dairy Branch, Ontario Dept- ment of Agriculture, He expects, however, that recent rains will help to stimulate production, although recovery from the long dry spell is liable to be slow. Butter quality, however, continues to be ahead of last year, and cream quality in July indicated the smallest Percentage of undergrade cream for this month on record, UST A RETREAT The name drawing room is a con« traction of withdrawing room, Expert Lubrication is not, just a mat- ter of squirting grease into your car .. , but it is a job for experts . . . men who real- ly know "your" car, We can offer this service , .. you'll be surprised at the difference it makes to your car, Drive in today! PHONE 1295 CITIES SERVICE STATION King W. at Gladstone of the act, provide this adve the 1947 hold out the DEPARTMENT OF C. FRASER ELLIOTT, Deputy Minister, INCOME WAR TAX ACT CO-OPERATIVE Deductions for 'payment' made on a patronage basis : fo customers A regulation has been issued and is available at all offices of Inspectors of Income Tax and through the Canada Gazette, which provides in effect that if the following form of advertise- ment is used by co-operative companies, adopt- ing the term or terms and the parenthetical clause appropriate 'to their particular circum- stances, such co-operative companies shall be deemed to haye complied with the requirements ; the co-operatives publish sement prior to the first day of October 1946, and otherwise comply with the requirements of the act: -- "As required by the Income War Tax Act, this will advise our shareholder-customers, customers, patrons or members (includin (including non-members), (including both mem-' bers and non-members), as referred to in the said act as amended, that in accordance with the terms and conditions, and within the times and limita- tions contained in the said act, as amended, it is our intention to pay a dividend in proportion to tronage out of the revenues of the 1947 taxation year, or out of such other funds as may be permitted by the said act, and we hereby rospects of the payment of a patronage dividend to you accordingly." members only), NATIONAL REVENUE JAMES J. McCANN, Minister. « Ih I i ® This Bank is authorized to buy and sell foreign exchange, If you ne ed to purchase funds for pay. ments outside Canada we will gladly explain the regulations governing your requirements. We will provide the neces- sary forms and carry out your instructions. Your receipts of foreign exchange will be purchased by us at the standard rates. THE CANADIAN BANK OF COMMERCE Oshawa Branch--N, 8S. McFADYEN, Manager Here is a part tunities nou tal list of Employment Oppor available throuech the Local National Employment Office. and also opportuni 's through the Cross-Canada NATIONAL EMPLOYMENT SERVICE Wanted At Oshawa MALE Wanted Elsewhere FARM HELP: Married or Sin round, Farming By the month or year Dairy and General Heavy Labourers for Smelter in Northern On- tario, Permanent employ- ment for .suitable men. Minimum weight 150 lbs, 76¢ hour, 8-hour day. Transportation paid. MEN FOR THE MINES: gle, Fruit Tree Budders . 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