16 'THE OSHAWA TIMES, Tuesday, November 6, 1962 and ? hele daughter, Tbs. 15 ons., November 2, 1 Alto mislead the Norris commis- ijsion, a Canadian Labor Con- into its 42nd day of hearings here and. in Ontario. By KEN SMITH MONTREAL (CP)--A bid by the Seafarers' International Un- ion (Ind.) to show that its mem. bership takes an active part in unions affairs was an attempt gress lawyer said Monday: Maurice Wright told the com- mission that 'the whole matter of membership participation has been deliberately weighted to mislead this inquiry." The commission, set up under Mr. Justice T. G. Norris of British Columbia to study labor strife and shipping disruptions on the Great Lakes, today goes Mr. Wright, who spent most of Monday's sitting attacking the SIU membership participa- tion claim, said that some members, listed has having taken part in a meeting» were not even present at the time. EXPLAINS CHARGE ANDREWS, Edward Rex Suddenly, a9 the result of an secident : R his 43rd year, dear brother M. Baker (Dorowy), at "Andrews, in of 4 G. Osh- ;|participation was drawn up by Uilian),|Edward Mackin of Brooklyn, .|N.Y., an economist for the SIU per cent of the opportunities for y. Twenty cases of supposed membership participation re- sulted from the member being charged with an offence under union bylaws, Mr. Wright said. The record of membership of North America. It purported to show that 75 SIU Move Said Made =,L0 Mislead Inquiry membership activities were taken up by rank and filers within the union. The record was certified by George C. Kendall, Montreal chartered accountant who is the SIU auditor. Mr. Wright spent most of Monday cross - examining Mr. Kendall on the way he had veri- fied the record's findings and said there were mistakes in the verification. 'NOT EXAMINED' He also said the minutes of one of the meetings listed as having been checked for mem- bership participation had in fact not been examined. Quoting from the minutes of SIU meetings, Mr- Wright also said that the members of one SIU trial committee elected to deal with a sailor charged with breaking union bylaws had either nominated themselves or each other. The minutes listed the elec- tion as follows: "'C, Tull elected by C. Adams; R. Conway elected by L. Windsor; L. Wind- sor nominated himself; H. Hut- tig nominated himself; C. Adams nominated by C. Tull." TORONTO (CP)--The execu- tive of Local 26, Canadian brotherhod of Railway, Trans- port and Generals Workers (CLC), has offered to testify be- fore the Norris inquiry into in- ter-union marine disputes. The local represents 1,000 Ca- nadian National Express mem- i bers. In a wire Monday to Mr, Jus- tice Norris, the local said: Alg "We wish to assist your com- ind Mittée and avail ourselves of the opportunity to testify with within our union, "In. addition . . . to outline a series of undemocratic and dictatorial acts made. against regard to the misuse of power Su Ba our local by our national offi-|BC cers and their representatives-" The telegram included con- tents of a petition sent to all local 26 members urging them|CBtew PF to support the executive move. A second telegram was sent b; chsirinan of Local 26, in which he offered to testify on the same/& subject. Mr. Stockwell, who was ex-|°, pelled from the union in June, 1961, for leading a campaign against the national office and against National President W. J. (Bill) Smith, said he was|© expelled by "a kangaroo court whose decision was upheld by a D manipulated onvetion." Mr. Stockwell's appeal against the expulsion was re- jected by the union's national convetion in Motreal in Sep- tember, 1961. Mount Lawn Cem: DEVLIN, Stella Ann Entered into rest in her late residence, 214 Division Street, Oshawa, Monday, Nov. 5, 1962, Stella Ana Nolan, widow Charles Devlin and mother of Mrs Slessor (Marie) of Whitby was reserved Monday in the first court test of a law restrict- ing news reporting of prelimin- .|ary hearings in criminal cases. Magistrate Ian V. Dubienski rae. temanded until Nov. 19 the case of the Southam Company Lim- -lited, proprietors of the Winni- jpeg Tribune, charged under a 1959 amendment to. the Crimi- nal Code which forbids prefer- ence in newspapers or broad- casts to any admission or con- fession tendered ni evidence at Elsie} preliminary héaring. The charge arose from a re- port carried by the newspaper Aug. 22 concerning the prélim- inary hearing of Clarence Rus- sell Richardson of Winnipeg, charged with capital murder in the th of his wife. Richard- son since has been convicted on a reduced charge of man- slaughter and sentenced to 10 | years in prison. During the preliminary hear- ing, Constable A. B. Beardmore rete: lot the Winnipeg city police tes- tified that in a conversation with Richardson the accused told him there had been a mutual Sun-|agreement between Richardson and his wife that "he would do Tane)|away with her and then dispose S-) of himself." usband a: father of Mary; Michael, Jo- Charles Pace all of Oshawa, in 47th year. Rés:ing at the Arm- Funeral Home, Oshawa,' with LOCK'S FLORIST Funeral arrangement end floral requirements for all occassions OSHAWA SHOPPING CENTRE 24 HOUR PHONE SERVICE 728-6555 GERROW FUNERAL CHAPEL Kindness beyond price _ yet ey reach of all. 28-6226 390 KING STRET WEST 1N MEMORIAM 2|'CUT OWN WRISTS' the Ge: Sane | ing. Const, Beardmore also said Richardson had told him that he had cut his own wrists. The constable's testimony was reported--the Crown said accurately -- in the Tribune's story of the preliminary hear- Crown prosecutor John Enns said the only question was whether the material published was a violation of Section 455 of the Criminal Code, which says: "Everyone who publishes in any newspaper, or broadcasts, a report that any admission or confession was tendered in evi- dence at a preliminary inquiry, or a report of the nature of such admission or confession so tendered in evidence, unless the accused has been discharged, or if the accused has been com- mitted for trial, the trial has ended, is guilty of an offence punishable on summary convic- tion." PUBLISHER CHARGED The Southam Company and Publisher Ross Munro were charged on two counts--report- ing an admission or confession was tendered in evidence, and reporting the nature of such ad- B iN = In loving memory of poo gece ghana sister, Hazel, Bate ma sudde: ' ber 1988. tees weeds ih 4 years, yet it seems like yester- We love y6 we miss you E adovingy Telssiberet "tp" dass 'She: hers and sisters. mission or confession. Mr. Enns said the Crown was proceeding on information against the company and "'leav- ing in abeyance or standing down" the information against the individual. In Remembrance Saturday, November 10. The QGshowe Times will be lishing on In Mémériam Tri- bute Edition to Men and Wo- men who gave their lives in the service of their country. Friends ond relotives are in- vited to place their tributes in this edition in remem- bronce of thése who made the supreme sacrifice. For further Information and rates: telephone 723-3492 THE OSHAWA TIMES CLASSIFIED ADVERTISING Maximum penalty is a' finé of $500 or six months imprison- mént, or both. Defence counsel Arthur Mauro said that to his knowl: edge it was the first charge laid GM Heading Into Big Profit Year NEW YORK (AP)--Genefal Motors Corp. headed for a rec- ord profit year, declared a year-end dividend Monday of $1.50 a share, or $1 in excess of the regular quarterly rate of 50 cénts. The pay-out total common stock dividends for 1962 to $3. This compares with $2.50 total patd last year, including a $1 year-end dividend and regular 50 cents quarterly payments in March, June and September. The dividend declared Mon- day will be distributed in cheques grossing about $425, 000,000 to 1,025,000 General Mo- -|tors shareholders it is payable Dec, 10 to holders of record Noy, 15. The "freedom of the press" was réally the freedom of the public to know "and it is this tight which is being limited by the legislation in question."' Mr. Mauro argued there was no "confession" in the ordinary sense of the term and if there was any offence, the charge would lie under the definition of an admission. MUST RETRACE A literal interpretation of. the words "any admission" could lead to absurdities, and it was necessary to trace the history of the 1959 amendment to see what defect in the previous law the amendment was intended to Ttemedy. "There can be little doubt .. . that the legislature had in mind hot the publication of any ad- mission from a preliminary in- quiry, but rather the publica- tion of any admission which would prejudice the fair trial of the accused." He submitted that '"'the onus on the Crown requires more than the simple proof that, in fact, an admission was pub- lished, because if our interpre- tation of the statute is correct, there is an onus on the Crown to prove in fact, or did in fact, Hearing On Evidence At Preliminary Trials WINNIPEG (CP) -- Decision|under the section in question. | Publication of a simple ad-|} mission of fact would not in it- Self be sufficient to warrant a verdict of guilty. NOT IN CAMERA "The right of the accused to|% the absolute secrecy and non- publication of any admission is e° clearly circumscribed by the Lawrence Stockwell, former|6° Today's Toronto § Stock 1 = g = : ; t = 11:00 Net Stock Sales Bigh Low s.m. Ob'ge Alta Dis vt 100 19 199 19 +5 g a 383 ie : A 22 #2 eeeestse- tes f pene] we P are tf $555°2°955 ge5gs5$~ a 58% Bs +4 1594 -- 1 Cop iC 5% | 51% + %! 14 | 18% + Mi) "5 +% 5 «725 | 3838 1% 13% 345 345 e 2 > s¥sgege8ne39es8822 2383 +thit + es se F ee 2 ow. fe & oe rt bd 23" 3 ebeesubhesSeaakstenSeeessy yes ge feeee: e332 s ny pog? an uae 3333 $38 13% 345 : 353 $95-3s Sessss Hit Gtr! 1 SFSF FE = ~~" age 30 80 75 975 «15 $2444 24% 24% 345 340 MS + 8 102 102 102 840 820 830 --15 25 285 B56 200 $114 11% 114 $11 ll 11 Maneast U {Man Bar Mcintyre McKen 230° «230 «2300 «+1 $13% 13% 13% 35 % 35 159 159 159 6 8 9% Wt 2% +1 $13% 3 rH Ye $4 4 $16% 16% 16% % : $54% 54% 544 $8 8 8 $12 $17 16% 16% Yan Can Newlund 11 Net Stock Gales High Low s.m. Ch'ge N Mylama ner gs 70 17 1500 19 2000 11 7 19 il 43) 7 19 1 +% % Ba~ 35 5 80 678 OB 511 $10% 10% 1 Rio Algom 0% Science Now Without Pain And Itching As It Toronto, Ont. 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Satisfaction guaranteed or mor ey refunded. 6 86 +5 4 6M +1 15 ~--1% 15 $15% 15% 15% -- % 1 $51 51 51 z3 $2 26 26 223149 49 (149 ee eee wos oY 95 861% 61K 61% + % mo 4. $15% 15% 15% $13% 13% 13% TS ia 305 305 305 $15% 15% 15% 440 "40 Hitting _ the trail? fact that the legislators did not see fit to conduct preliminary hearings in camera." right of the press to publish and |the right of the accused 'o have! his preliminary inquiry con- ducted in secrecy, and it was for the courts to decide whether in any specific case the admis- sions published prejudiced the fair trial of the accused. Mr, Enns contended that "confession or admission" should be taken together. Any reasonable consideration of the evidence given at the Richard- son preliminary hearing and the newspaper report would show that the material dealt with amounted to an admission or confessions at the preliminary inquiry. The terms "admission" or "confession" were well known to any legally - trained mind. There were volumes of material concerning what they meant-- statements that implicated the prejudice the fair trial of the accused." accused in the crime he was jalleged to have committed. ST. JOHN'S, Nfld. (CP)--For- mer federal solicitor general | William J. Browne, who lost his St. )John's West. seat in the June 18 federal election and then had the election declared void, announced Monday he will be a candidate in the Nov. 19 provincial election. Mr. Browne said he will run in St. John's East Extern, a new seat created last spring by Splitting the old seat of St. John's East, James J. Greene, leadér of the Newfoundland Progressive Conservative party, will run in St. John's East. Mr. Browne, who had repre- sented St. John's West for more than 16 years in either the New- foundiand legislature or the House of Commions, said he was running in the provincial elec- tion because '"'the future of democracy is at stake." Browne To Run In Nfld. Vote VOIDED BY COURT His Juné defeat by Liberal Richard Cashin was voided by the. Newfoundland Supreme Court which ruled 'that discrep- ancies in the service vote could not be straightened out in a ju- dicial recount. No date for a byelection in the. federal seat has yet been set, but it had been expected that Mr. Browne would again contest the seat. Mr, Cashin has already indicated he will con- test the federal byelection. Although Mr. Browne had previously indicated he would contest the federal byelection, he said in a television appear- ance Monday he had decided to enter the provincial fight. There was more at stake than Premier Smallwood's an- nounced mandate for a fisher- ies devélopment program, he DEATHS By THE CANADIAN PRESS- Charlottetown, PE.I.--S. S. Hessian» 71, Liberal member of the Prince Edward Island legis- lature. London = Petey Cudlipp, 57, former editor of the London Daily Herald. Santa Rosa, Calif. -- Wilbur Sandérs, 61, Associated Press editor fér 34 years. Toronto Reginald Harold King, 66, first director od educa- tion in Scarborough, a Toronto suburb. Hainilton--Rev. Arthur Sam- uel Mitchell, 78, honorary as- istant at Grace Anglican hurch, Hamilton, since 1954. Alleance, Neb--Percy Cogs- well, 84, hélder of the United States record of béing secretary of an Elks' lodge longer than any other man. Amherst, Mass. + Howard R. Garis, 88, well-known author of children's stories under the name of Uncle Wiggily. Worcester' Mass.--Patrick H. 'snowh racer said. "The future of democracy it- self is at stake." Mr. Browne's candidacy came a5 a surprise in the last minutés Of a 30-minute paid television address by Mr. Greene over CJON-TV here. Northwest States Hit By Earthquake PORTLAND, Ore. (AP) -- A brief, jarring earthquake rolléd along a 250-mile span from Eu- gene, Ore., to Seattle, Wash., Monday night, Seismologists déscribed the quake 4s moderate. The centre was placed betwéen Portland Pai Saléth, 35- miles 'south of te. ON INJURY LIST CHICAGO (AP) -- Defence- man Pierre Pilote will be lost to Chicago Black Hawks of the Natiorial Hotkey League for 10 days because of a hairline frac. ture of the left foot. Pilote, cap. tain of the Hawks, suffered the injury last Thursday in a 4.2 Downe y, 90, internationally of harness horses. \ vigtory in Boston over the Bruins. |Macleods A Parliament qualified both the|MB PR LobG 1 pr |LobG B pr |Maher M Lf M pr Mass-F |MEPC Met Storse 75 $26 0% 6 10 $101 101 101 1810 $11% 11% 11% 4+ % 100 100 66% 64% 6% preoeeeerre You gotta' own one to catch one! This new Plymouth's like a tiger on the road! Claws up the miles! Makes other cars look tame! A Plymouth on the prowl is a beautiful thing to see... lithe, sleek, rangy. And inside, all the roomy luxury six people could want. Visit your local Plymouth showroom today and look over the powerful new Plymouth line-up ...the swank new Fury, the Belvedere, the Savoy. Then test-drive the "63 Plymouth for yourself. 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