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Kickea Out Of Caesarea A Toronto youth who went to a ance in Caesarea with four hammer-handles and assorted) kinds of liquor in his car was) given a two-year suspended sen-| tence for having offensive) weapons and fined $50 and costs! or seven days in Magistrate's) Court here Tuesday. | Terrence Johnson, 20, attempt-| ed to refute the statement he! was said to have given to OPP Constables Len James and Pat Cornell on the night he was charged, At that time he told the offi-| | Metro Youth 'Drunk In Auto [Man Gets Term BOWMANVILLE (Staff) --| that he had to be carried into' jail, must have been driving in the same condition, Magistrate) R. B. Baxter ruled. Nova Scotian Charles E. Rhude was sentenced to seven) days in jail in Magistrate's) Court here Tuesday after it was) learned that he was found) drunk behind the wheel of 'his; car parked in a Bowmanville! parking lot. Constable Louis Phillips of} the Bowmanville Police Depart- ment testified that he found the accused slumped over against Act states that BOWMANVILLE (Staff) --/An accused who was so drunk) must have the intention of driv- ing the vehicle, I contend that on the evidence of the officer, the accused was incapable of making that decision." Crown Attorney Geoffrey Bonnycastle went further and) stated: "He was appamtly so intoxicated that he did not even know what he wanted to do. 'He has to prove he did not have the intention to drive." Magistrate Baxter agreed with the interpretation of the Act, but reasoned: "It is possible that someone the accused) cers he owned the hammer- handles and had bought the liquor -- rye, rum, gin and wine -- in Toronto, the court was told, FRIENDLY PUMPKIN Breslau, Ont., three miles northeast of Kitchener, It takes the combined weights of (left to right) Kathryn Hack- Having a friendly game of teeter-totter with the kids is this 98-pound pumpkin, grown by Mrs. A. R. Macintosh of bart, Bradley Trupp and Charlotte Cresman to get it off the ground. (CP Wirephoto) Law Versus Medicine In Bowmanville Court { the BOWMANVILLE = (Staff) -- responsibility on the part o get away with it? Or shouid } Medicine and Law locked horns|Crown to protect society from|make sure that Kerr is taken in Magistrate's Court here yes-|Ke 0 terday in a struggle to deter-|want to let his perversion im- mine the fate of a 'Nestleton|pulse win out over reason man who criminally assaulted 4) He bemoaned the fact that nine-year-old girl. many patients were released Dr. Ganry Cormack, Director|from mental hospitals _pre- of the Day Care Clinic at Co-/maturely, only to repeat their! bourg and a psychiatrist, recom-|crimes. mended to the Court that Neil! «err js no different from a Kerr, 22, be committed to aMiiq) of people who su'fer some Ontario Mental Hospital for! sort of perversion He just didn't] treatment of his perversion -- @/ contro! his. He is not insane and sexual attraction to children he is not retarded Crown Attorney Geoffrey) Bonnycastle maintained that Kerr was legally sane and therefore should receive the/ maximum five-year. penitentiary sentence for what he termed "a heinous, odious crime that may have ruined that little girl's whole life', ; 7 ~ Serbeck told the Court|8¢t away with everything. they that Kerr was not psychotic (out 40 according to impulse. of touch with reality) at the| errs act was cold-blooded] time of the offence. He agreed|#%4 deliberate. He is guilty of| that the accused was neurotic)? Semous offence that may have peri dl terrible implications and he in the sense of being unable to : @eal with his pieulenns". {should be put away for as jong as is legally possible," NOT RETARDED "I have great respect for Dr. Cormack and I am a firm be- lliever in psychiatry -- but a nine-year-old girl was brutally assaulted and I am afraid of what might happen if we do not | Dr, Cormack sugzested that "He is not mentally ill or re-|the lack of psychiatric facilities ti tarded. He has an IQ of only|in penitentiaries, along with the 73 (the average is between 90|prison atmosphere might tend to and 110) and is prone to act on/increase Kerr's . perversions, impulse. He has a perversion,|tather than cure them, and this, coupled with his 1Q| "He could come out more dan- and the consumption of alcoho!,|gerous than he went in." would tend to lessen his contro? of the perversion impulse. bak rhe atta Baxter He has only. borderline intel-| ciched dou' opinions of bol ligence. In psychiatric terms he i "Psychiatrically, he is quite capable of repeating the offence prove to others that they cannot perversion is most dangerous." "Any repetition could be more| Canada To Sell sons: the effect, psychologically, | on the young girl; the, fright of Wheat To Czechs that causes the initial assault|has agreed to sell 4,176,000 bush- could cause the accused to be-jels of wheat to a Czech grain- thwarted. ery next spring, informed "I suggest a mental hospital|sources said Tuesday. concluded. 'For. one thing|around $8,000,000 or more at go- he would be out of society and ing prices. is a high-grade moron. "Should I punish Kerr to -~ the child-assault. This type of dangerous for the following rea- discovery; the same impulse} WINNIPEG (CP) -- Canada come even more aggressive if/buying mission here for deliv- for two reasons," the doctor, The sale would be worth for another he would receive) Of the 120,000 long tons in- treatment to cure him of this| volved, 80,000 are to be shipped) Inext May and June through) perversion." : Mr. Bonnycastle indicated aiSt. Lawrence River ports. Crown Praises Accused's Case BOWMANVILLE (Sta "Crown Attorney' and "'prose-|ir Z cuting attorney" did not proveright side. : synonymous in Tuesday's ses- "I went off the road to avoid sion of Magistrate's Court inja serious collision and managed | rr and anyone else who might! "He knows right from wrong.|'Wo years re éyears indeterminate, tf) --\of me. Apparently he was try-) e-\ing to go into a driveway on the! care of to his benefit? "The 'others' are nebulous quantities. I know Kerr. I think jthat to send him to penitentiary would give society a greater problem when he is released. 'However, I agree with the Crown that society must be as- sured that he is punished." Dr. Cormack suggested that a Lieutenant - Governor's War- rant be obtained to send Kerr to the Ontario Reformatory tor de'inite,. and two and that he be turned over to an Ontario Hospital for treatment and re- turned to the Reformatory when he was deemed cured His Worship agreed to try this in custody until next Tuesday for a decision. "He also said that he had the hammer-handles be cause he lwas a carpenter," said Con- |stable James. 'He isn't, nor \was he at the time of the loffence."" In the courtroom, the accused changed his story. He admitted |that he knew the liquor was in his car when he left Toronto on) Aug. 30, knowledge hendles. He agreed with the theory of the officers that the handles were to be used in a fight. He said he was informed of this on the trip down. Crown Attorney Geoffrey |Bonnycastle asked for leniency: 'In the case of offensive weapons, thé onus is on the Crown to prove intent to use as such, "If the accused had noz vol- unteered this information, we might not have been able to prove it. If he were represent- ed by Counsel, I doubt if he would have been advised to do but of disclaimed any the hammer- so. Magistrate R. B. Baxter con- curred with the opinion of the Crown but berated the accused for "'playing hero" in the first place and for ly'ng to the police. | "T shall'not dismiss. To do so would be as great an error as a conviction, if you were eom- pletely innocent." The one condition of the sus- pended sentence was that John- son stay away from Caesarea. RECALL HANNA QUEBEC (CP) Montreal Canadiens have recalled John Hanna, a defenceman with Que- bec Aces of the American Hockey League, for their Na- tional Hockey League game against Toronto Maple Leafs to- night. It was also learned Tues- demonstrate that people cannot|Procedure, and remanded Kerr/day night that the Canadiens |have sent defenceman. Marc 'Reaume down to the Aces. personal list of manville. |to do so." awe of dangerous pass-| Bill Ellison, a passenger in ainst James Mintz ofjthe Mintz car, corroborated eitten, was dismissed. after|this statement. Crown Attorney Geoffrey Bonny-| Bonsma said that he was castle praised the manner in|driving down the centre of the which the accused handled his road and suddenly heard a car own defence, and admitted that -- him and saw a cloud of re oe ao Sed ng "Naturally I pulled to m : ' : . ene Ot te id on aa right to avoid an accident." for," Mr. Bonnycasite conclud- He testified further that he ed, "It was an honest error. I/had no intention of turning to feel that we should give him/the right. the benefit of the doubt." "You moved at the cloud of Mintz was charged on Sept.|dust and the sound of the car," | up to tory contain information a Canada and the United |PORK ROASTS ,, | COOKED HAM suc | PEAMEAL BACON PUSE CRESTWOOD to bring your phone numbers date! Your new telephone directory has many new and changed numbers. The Front Sections of your Direc- bout local calling, numbers you can dial without Long Distance charges, and complete information on Long Distance Calling! You will find the Area Codes for hundreds of places in States, sample rates, and what to do when you want information about a tele- phone number in a distant city! If you are like most people, you keep a personal list of numbers you call 23 as a result of an accident on the Eighth line road, Darling. ton. He allegedly passed a car driven by Andy Bonsma of Burketon on the right and ~ geraped his door on the bumper of the Bonsma vehicle. Constable Harvey Cooke of the OPP testified that tire marks had shown that Mintz had gone off the right shoulder of the 14-foot wide road in the ttempt to pass. r Mints maintained that the Bonsma -vehicle had pulled off onto the west shoulder (left) and Magistrate R. B. Baxter ad- dressed Bonsma. "This would indicate that you were over to the left further than you should have been." His Worship then turned his attention to the accused: "I am dismissing the charge, but I would suggest that the next time you come up behind a car and are not certain as to his intentions -- stop! "There wouldn't have been 68 people killed in traffie accidents over the weekend if a degree of care, courtesy and common had slowed down to "about five miles hour". "J thought he was stopping, so 1 started around him but sud- fenly he pulled right out in front sense had been employed." Mintz was fined $10 and costs or five days on a charge of fail-| jing to change the address on| his driver's licence, most frequently--to save yourself time and errors. Give it a check-up now! UKE A WEW BLUE 800K? it's full of new information...Long Distance Area. Codes in Canada and the U,S....a special section for birthdays and anniversaries! For your FREE copy, just call your Telephone Business Office! BUILT, OPERATED AND OWNED BY CANADIANS the window of his car. He said that the lights were on, the motor was running and the radio blaring. He described Rhude as show ing n® reaction when he shook him, shined the light in his eyes, or when he was hefted into the cruiser. The constable added that the accused woke up slightly at the door of the cells but that he did not stir when he was carried drove him and left him there in the parking lot. However, can you see any reasen for them to pull him over behind the wheel, leave the lights and radio on} and the car running? "Tf should think that they would try to make him as in- conspicuous as possible, know- ing what might, and did, happen. "Therefore I can only fmd him guilty as charged." down the steps. "His speech was slurred, his eyes were bloodshot and he smelled strongly of alcohol. He later set fire to his clothes in the cell when he dropped a ciga- ret on them, : "We found a partially-empty bottle of ale on the seat beside him in the car, (Rhude was fined $10 and costs or five days for having the alcohol in his car.) Rhude told the court that he didn't remember driving to Bowmanville from the party he was at in Courtice. He said that the last thing he remembered was drinking beer at the kitchen table, Defence Attorney Dick Love- kin maintained that there was no proof that Rhude had driven the car to Bowmanville, and! suggested that the accused had been too drunk to drive. "There is only a presumption that he was driving, and the Only October Deadly Accident Month TORONTO (CP)--October is one of the worst: months for traffic deaths in Ontario. Provincial police reports for the five - year period to 1962 show that in both 1958 and 1959, October was the second worst)*We knocked and a voice told! ASSOCIATES month with traffic deaths total- ling 82 and 91 respectively. In 1960, October was tied for high- est with 81, and in 1961 it was|yelled that we had no author- the deadliest month with 100. in 1962 was the figure lower--fifth worst month with 96 dead on the roads. Saturday 'was the most dan- was from 4 to 10 p.m., and es- pecially up to 8 p.m. Suspend Term Riter Man Shoves Boy -- BOWMANVILLE (Staff) --A man who "loves kids' and hates cops invited two con- stables into his home, They ar- rested him for striking an 11- |year-old boy, it was learned in |Magistrate's Court here Tues- |day. Eugene Fortune of Bowman- ville's East Beach was found guilty of shoving Wayne Peter- son, 11, also of the East Beach. He -was given a two-year sus- pended sentence. The Peterson boy told the {Court that Fortune had "shoved |him three times and warned: \'I'm going to pop you off'." He said that he was playing across the street from the For- tune home when the incident oc- curred, Fortune stated: 'He (the boy) | throws stones. and calls my daughter 'four-eyes' and 'fat slob',"' "I only shoved him a little, I'm a_ full-blooded Indian, I |don't lie," | "After all," interjected Magis- |trate R. B. Baxter, "he is only la little boy. And there is no point in you making accusa- tions about him, You are on trial here." "IT love kids, your Worship, I didn't try to hurt him, I was} onty fooling." Constable Ron Parker of the Bowmanville Police Department jtestified that the boy was still jcrying an hour later when he arrived. "Constable John Bird -and I} |went to Fortune's house to serve the warrant," he continued,| } us to come in," | "After he saw who we were jand had heard the charge he jity to arrest him." | "We lifted him out of the) \chair~ He reached over' and jdrank something from a glass on the table, I can't say if it gerous day on the Highways.|was intoxicants." |The most hazardous time of day "Ginger ale!" cried the ac- cused. | k@d of liquor on his breath." | "Apple cider!" Foriutie pro-| tested. | Chief Bernard Kitney explain-| es ta the SD hat informer run-ins with the accused that he, Fortune, had a suspicion and dislike for policemen: "And he seems to have been drinking again," the Chief con- cluded, ! "I was only drinking cider," the accused protested further. "T quit the other stuff a long time ago. It's not good for you, It's not good for anybody." Magistrate Baxter directed! | the accused to stay away from alcohol and Wayne Peterson during his sentence. SHS pecans ames. 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