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THE OAKVILLE-TRAFALGAR JOURNAL Page 5 1951 jursday, June 28, 1951 ~~ la) gh -- ve Quality & Service scade's Grocery Bill Scade) -- rs & Division Sts. 5 Delivery: Phone 505 | - AIR CONDITIONED IGE REFRIGERATORS ALL SIZES $51.00 to $95.00 bi LLMERS FUEL AND ICE PHONE 23 bUNDAS ST- HARDWOOD BLOCKS HARDWOOD AND SOFTWOOD EDGINGS PE > 423 Oakville | Wood Specialties LTD. OAKVILLE PHONE 31 PERFECT GIFT FOR THE WEEK-END HOSTESS PRICED FROM 75 © 3.00 Donna Lea Candy & Nut Shop Opposite Century Theatre (CY ColoGY SEL: © Loca TRADE AKE jr HE MAN WITH A LONG FACE GETS A SHORT WELCOME OUR USED CARS 2 'e welcomed by people who wl values 'and automo- A les. Come in and select ex- Ctly the car you want. Very one is a good value. OAKVILLE MOTORS CHEV. AND OLDS. Sales and Service Olborne St. E. at Reynolds PHONE 2220-1-2 "0.K." "Good Value! Used Cars & Trucks TRADES & TERMS Charges Against Derry (Continued from Page 4) plans for Mr. Starr. The mayor said he felt "several things could be improved," He cited handling of crowds at fires ball ete, 1 , improvements," asked games, feel police handling of groups of people is woefully Inadequate now," he sald, Asked if he had complained to council about the chief, Mr. Black replied: "Generally." "Not specifically?" "No, I said I thought he lack- ed initiative." The mayor went on to say he had knowledge that certain fig- ures discussed by council in estl- mates meetings were somehow obtained by the chief and discus- sed by him with others, He said the figures were confidential to council. "Where did you get 'this know- ledge," asked Mr. Stark. "I was informed by reeve Litch- field the chief showed the figures to councillor Wakely, who was not present -- at the estimates meeting in question." "He only showed them to Wale. "Yes," to my knowledge." The mayor said he had "had two arguments' with the chief. "In December, 1948, I met Cons- table Devenish on the Main st. He couldn't get into the police station because 'his new key wouldn't work. He told me the chief had instructed him by tele: phone to break in by the back door. I told him on no account to do this, and called the chief at his home on the phone and told him to come down and open the police office. I told him it was an order. He asked me to send the police car up for him, but I told him to get a taxi. He came down later and we argued about the situation. 1 disagreed emphat- ically with him." The chief and the mayor had Manother (lsagrépment" over forms used in police court, Mr. Black testified. "I'm a J.P. he stated. "About a year ago, the chief sent Constable Heath to me to get some information sworn. He told me the chief had given instructions the officers were not to make out information in future. I went to see the chief and told him I saw no reason why the police couldn't carry on as was. the custom before I took of- fice. I refused to make out the forms, and we argued about it. T told him at that time that I was concerned about his internal ad- ministration, and that I didn't think he did a good job and the town would be better off without him. There were only the two of us there." "Had you had anything to drink the night at the police station?" "That was in 1948. 1 don't re- member." «Isn't there friction between you and the chief?" "Only over his duties." «Doesnt this friction color your judgment in any way?' "No." replied mayor Black. think T'm entirely unbiased." He went on to say he'd had numerous complaints from resi- dents about speeding. He said be had taken them up with the chief in "a general way," and that the complaints had been checked on. He also said he couldn't feel that the chief had carried out his du- ties as harbor master, as specl- fied in bylaw 931, covering police duties. "Has his attention been called to the harbor master duties?" asked Judge Macdonnell "Not to my knowledge," re- plied the mayor. Txamined by D. A. McCon- chie, who represented Messrs Black, Litchfield and McArthur, he sald the chief had made only two requests for additional mem= bers for the force. "We granted T both." 3 "He spent 50 percent Of his time in the office," he stated, asked if he thought Chief Derry spent enough time on outside work. Cross examined by Mr. Schrie- ber, Mayor Black gave a series of brief answers. "Ave you aware the chief ar- ranged a liason with the pro- vincial detachment?" "Yes, for emergency." "Are you aware the chief was responsible for appointment of a sergeant?" "I don't know." "Do you recall the chief orig- inating the 8hour day for the force?" "1 don't recall." The mayor agreed with Mr. Schrieber that the chief had in- stituted a record system, sSpruc- BUILDING MATERIALS --SEE-- CHAS. F. DOTY AND SON Dundas St. N. : Phone 76 Cruise To Credit Ten snipes of Oakville Yacht Squadron will sail this evening --weather permitting--for Port Credit, to compete in_ the inter- national regatta of the Lake Small Skiff Association. Boats from many lake ports in Ontar- io and New York state will take part in the races, which start tomorrow and continue until Monday. ed up the officers with new uni- forms. He sald he understood the chief did fingerprinting him- self, "along with other officers," and that through the chief's ef- forts, the staff received increases proportionate with their value. "You speak of lack of instruc- tion," said Mr. Schrieber. 'Are you aware the chief wanted to send his men to the 'attorney general's police school, and that town council couldn't spare the men from their duties?" "1 didn't know that." "Did you know he was respon: sible for introducing the annual and monthly police reports?" "Yes, we criticised him for the form the annual report took." "The form, yes, because he took the trouble to get out a full report and spent a little mony. on it?" "Yes." "Did you as mayor ever take the trouble to analyze it?" "No, I didn't." Referring to the 1949 annual report, and reading a detailed de- scription of the officers, Mr. Schrieber asked: "Don't you con- sider that a personnel report?" "No. It's a past history re- port." Mr. Schrieber continued his cross examination after the lunch interval. "You say the chief ney- er made any recommendations. Didn't he recommend traffic lights in 19497" "Not originally. Councillor Hun- ter made that suggestion first." "What about flasher caution lights the chief recommended." approved this Didn't the chief suggest en- larged police station. space to overcome his cramped quarters?" "He only copied suggestions that have been kicked around in council for the last ten years." The mayor said he didn't know if parking meters had been put in at the chief's suggestion, con- ceded Derry had suggested Scotch lights that had been installed. He insisted the chief should not have left town with a strike imminent, denied Mr. Schrieber's suggestion that a settlement was imminent when the chief left Sgt. Brown in charge. He said there had been no disorder, bar- ring one minor incident, on the picket line. He also said Chief Derry should have "stayed to give any possible assistance" to federal inspectors during the post office burglary investigation. Asked if the force was "neat, highly regarded, courteous, and civil," the mayor replied: "Bx- ceptionally so." "Isn't the chief at least part ially responsible for this?" "It's a matter for the individual But partially, perhaps." The mayor said he didn't know council had authorized the chief to take the police car home be- cause the move would leave (he car available for a call without pulling an officer away from the police office. "Haye you ever been asked to obey the parking bylaw?" "Not by the chief. By a mem- ber of council. I said I was on town business at the time." "Doesn't that sort of thing make it difficult for the chief?" "I don't think so. There was only one incident." Reading letters of Nov. 8, 1948, and Oct., 1947, sent to the mayor by the chief asking the former's cigarette and tobacco licence be paid, Mr. Schrieber said: "Was- n't that failure to co-operate? They were due the first of the year." "I don't think so." "Well, he could hardly go to you as J.P. and ask you to swear out a charge against yourself, could he?' Swinging to crowd control, Mr. Schrieber asked if there had ever been a riot at ball games. "No." "Do you recall Officer Hooks arresting one George H. Foskett on May 21, 1949, at a game?" "No. "I'm advised Hooks arrested the man, lodged him in the cells. You were asked to sign an in- formation against him," stated Mr. Schrieber, waving a docu- ment. "Isn't this the informa- tion? You discharged the man without a hearing, noting on the information that the condition of the man did not warrant reten- tion." The mayor didn't recall the in- cident, he said, but admitted the handwriting was his own. He couldn't recall if he had let Fos- kett out of the cell himself "I suggest that the figures you mentioned the chief revealing were given him by an officer who! had seen them, due to the place they were kept in the municipal ilding," said Mr. Schieber. "Wasn't it to do with his not get ting a raise?" "He had figures on all employ- ees raises. Reeve Litchfield fold me held seen the list, and had mentioned the fact to Wakely. "Did the chief mention these figures to anyone else?" "Not to my knowledge. Referring to the "locked door" incident, Mr. Schrieber asked: "You say you didn't have any- thing to drink that night?" "I can't remember. "you can't recall if you had a drink on' Christmas Eve?" "I didn't know it was Christ- mas Bve at the time" "I suggest if you hadn't had a drink, you wouldn't have called the chief." "pd have called anyway." The mayor stated he was ap- pointed a J.P. in 1945 He said to questioning, that he received varying fees. "In view of these fees, aren't you expected to make out your own summons?" "] could be obliged to do it." "Did mot the chief complain to Magistrate Langdon about your refusing to, do 50?" "I_never "Have you ever made arrange: ments with the police clerk to do the work?" "Yes, on his own time, while my stenographer was away." "Did the chief tell the clerk he couldn't tolerate his doing your work on police office time?" "Yes, I agreed with the chief. It shouldn't have been done in business hours." "Hasn't the about having amount of your clerical work "Yes," replied the mayor, "Once as 1 mentioned before." OUTSIDE EMPLOYMENT Dealing with the complaint that the chief worked for an out- side source, defense council ask- ed, "Were you aware that police chiefs receive enquiries from out side sources concerning people?" The witness said he was, buf, contended the company's forms included questions concerning ere dit as well as moral worth. "Do you know anyone better quali- fied than a chief to answer such questions?" counsel asked. complained certain Eh "On credit, ves," witness ans: wered. "On credit, yes . . but on the moral side?' counsel asked. Mr. Starr asked two more questions before dismissing wit- ness Black. "In fact, nothing was an offense against bylaw 931, except this question of retail credit?' The witness asked to see the by-law, then stated he felt clause 7 applied on the occasion of the robbing of the post office, as it dealt with the chief's day Off. "Your complaints are your own personal opinion of what is good police work?" Mr. Starr asked. "Ye: s. "Is there really much to this?" Mr. Starr asked finally. "T've given you my complaints." Mayor Black said, and left the and. At the request of the commis: sioner two brief witnesses were then called. Magistrate Kenneth Langdon said he could definitely give an inion concerning the chief's ab- es in his court. "He is an ex- ceptionally competent officer, in my opinion," he said; going on to state that when mew Officers on the force appeared before him they at first "Showed a lack" but that "after they have been with the chief for a time they become most competent" He stated that there had been per- sonal friction with the chief, which had come to a head some time ago. "When I first became magistrate the chief possibly knew more about it than I did, and 1 resented it. For that reas- on I have possibly been harder on him than I would otherwise have been," he explained. Mr. Starr asked, "Despite this bias you still think he's a comp- otent officer?" Magistrate Lang- don answered "Yes. He also mentioned the question of J.P. Black's fees, and counsel told him this was not a mew fact. EEVE LITCHFIELD Called to the stand reeve Litch- field agreed newspaper reports were "Substantially" correct, and that his complaints largely par- alelled those of the mayor. How- ever, he stressed that splashing of pedestrians, speeding, and the use of the cruiser out of town were his chief concern, He re- counted the facts of the occas- sion of his calling at the station to ask the chief to undertake some action to stop this situa- tion and being told the chief "I Investigated and found there was To court there that day," he said. He added a mew complaint, when he contended the chief was upsetting. the morale of the force and undermining it. He read a newspaper clipping which repor- ted the chief as haying stated he arrested more men in one day in Guelph than his present force did a week, and that his men didn't know what police work was. He sald this statement had caused resentment among the force. When he stated he had recel- ved 10 or 15 complaints a weel, for the past two years, of splash- ing and speeding, Mr. Starr asked him if those who called gave their names. Mr. Litchfield sald they did. "Who complained counsel asked. 'he witness stated he'd visited a subdivision and that "Mr. Peat, Mr. Galloway and another n. last week?" He was then asked who had complained this week, and he Western Award Louth, 20-year-old and Mrs. Leslie Louth, Sixth Line, has been awarded the Clarkson-Gordon prize in third year accounting at the - University of Western Ontario. The young man, who took first class honors in his third year of business adminis tration, is captain of the uni: verity golf team, and a member of the Glee Club. eine LEAR ie stated residents on Dundas St. "Near where my family live." Starting on a lengthy description of speeding conditions he was re- called hy Mr. Starr stating, "We only want names." Asked if council has taken any action concerning speeding, the witness thought it was the Pol- ice Committee's job to tell the chief to go into it. He stated he had complained many times in council of the matter of speed- ing and splashing. SPEED DEVICE The commissioner asked Mr. Litchfield if he favored officers operating the speed device being in uniform and clearly visible, and when witness said he did and that he felt this would cut down on speeding, the commissioner pointed out that if motorists saw. the officer and slowed down he questioned if that would guaran- tee they would not speed up ag- ain immediately following. "If an officer in clear view will stop speeding, I doubt it very much," the judge said. The judge also expressed concern at what he termed "sweeping statements" that had been made, and pointed out that "speeding is bad, it is bad all over." He wondered if it "is worse here than anywhere else." When reeve Litchileld stated he felt that "in fairness to the chief and his office it should not have been brought out in public this way," Judge Macdonell point ed out the chief had asked coun- cil for a hearing, authorized by the attorney-general's department. Mr. Litchfield stated he felt the question of salary was merely a matter between employer and em- ployee. Sweeping Statements "I agree with regards to the salary," the judge said. "But those statements were most Sweeping. It this man went for a job else where and his new employer had read them they would be harmful." Summing up the reeye's com- plaints, Mr. Starr said he felt they comprised, first, a dislike of the way the matter had been pub- licized by the chief; and second, a lack of confidence in the chiefs supervisory abilities. Mr. Litchfield said he didn't like the chief giving the story to the press before he notified coun- cil. He stated the first he knew of the chief's request for the in- vestigation. was when Toronto papers. called him for an opinion of the chief's request. "I entirely agree with said Judge Macdonell. "It most improper. Just before adjournment until 10 am. on Tuesday, Mr. Litch- field sald, "We have very good men on our police force. But believe they would do their duty better with a more competent supervisor." William R. son of | Mr. you," was. 39 Summons. "Isn't it a fact that you're just trying to pass the buck to the chief, because council couldn't afford to carry out his traffic control suggestions with stop lights and flashers?" queried Mr. Schrieber, opening Tuesday's "No. Lights don't necessarily stop traffic." "Would you know that there have been 39 speeding summons this year?" asked counsel. "Is that all?" interposed Judge Macdonell. "I could get that many in a day in uniform." said the back to Litchfield tes- Monday, Mr. Schrieber James Peat had never the reeve about Harking timony of suggested complained to speeding. "That's not true." "Did he complain personally to you?" "He certainly did." Two Meetings The reeve admitted there had been only two police committee meetings this year. "Only two meetings, with all these com- plaints rampant?' asked counsel. The reeye admitted he didn't the time the copy of the chief's letter was handed to clerk Byers, when questioned concern- ing his statement that the letter had "been handed to the paper before the council got it." "I'm Instructed the letter was given the clerk at 1 o'clock on the Wednesday in question, and a copy given the paper at 3 p.m." sald Mr. Schrieber. Journal Headlines "I'm told that the Journal would have had to have the information earlier than that, as Wednesday's their press day," sald the reeve. "The big headlines showed the paper must have had the letter before council knew about it." J"All the paper said was that the chief would demand an inquiry wasn't 1t?" Judge Macdonell interposed to say the reeve merely meant the matter shouldn't have gone to the press before being dealt with by council. "It would have broken the night council dealt with it, 80 what is the difference?" ask- ed Mr. Schrieber. check "It gets around the fact that the chief was trying to get sym- Termed "Pure Spite' By Blakelock pathy from the newspaper before an investigation," retorted the reeve. x "Ah, so that's what's bothering you!" commented counsel, closing' his examination. Councillor Lachlan McArthur admitted he had stated the chief wasn't interested in his work, and that he was dissafistied with Derry's administration. "why not interested?" "A 'man putting in applications for other positions isn't interest- ed in his work. I believe he ap= plied to be an L.C.B.O. inspector," Coun. McArthur admitted the chief "might have wanted to bet ter himself," said he "pretty well" associated himself with all the criticism of the chief made in council. He had voted for a raise for, the chief each year until this, his fourth term of office, he said. Chairmen Agree Police committee chairmen who served during the past three years all testified they had mo fault to find with Chief Derry's conduct of his office. «] found him a very efficient officer who carried out instruc tions. with speed and intelll- gence," declared ex-councillor Jack Isard, chairman in 190. "At least every two meetings we had com- plaints from Mr. Litchfield, but were rarely told who had com- plained. I checked our situation very thoroughly, and concluded that with meters, speeding and other demands on our men, We didn't have a large enough force. T had only three speeding com= plaints from residents during the whole year." "Did you have any complaints from council "Oh, we always had reeve Litchfield with his little black hook. I took the complaints ser- iously, investigated, and found the police were doing the best they could." Mr. Isard stated he had person- ally authorized three week holi- days for senior men on the force last year. He also stated the com- mittee had authorized the chief attending the convention .when a strike was in progress. "On the basis that if he couldn't leave, his men weren't properly trained," he said. "We felt that was very definitely not the case." Our Hansard Ex-councillor Robert Freeman, local force compared favourably with any dept. he had seen, and that he found the chief very ef- ficient. "I don't suppose I had more than one complaint on traf- fic conditions," he said. "There were very few meetings where the reeve didn't put something into our Hansard about police work, but I found the chief did an ex- cellent job." Councillor Ross Gibson, present committee chairman, rated the chief "very efficient," stated he had "brought his men along" very well. "By now, everyone knows I'm police chairman, so I can't under- stand how the reeve gets so many calls when I get none" he said. Says He Insisted Claiming he "couldn't get any- where" with the police committee (Messrs Litchfield, McArthur and Black, the latter ex-officio). "They. didn't want an investigation, buf I insisted on one," he declared. James Peat denied he had call. ed the reeve to complain of speed- ing. "Mr. Litchfield called on me to ask if I could get a group in the neighbourhood to come to this hearing," he said. "I don't recall speeding being mentioned." abs Petty Spite Thomas Blakelock, former may= or and M.P.P., said the only com- plaints he'd heard had been "pet: ty spite," and said council had been lax in providing proper by- laws. "How can the chief prose- cute without proper legislation?" he asked. "Youll say that the mayor and the reeve say what they do about the chief just out of petty spite," asked Mr. McCon- achie. \ "I do. Purely spite." Mayor Black was recalled to the stand. "I would like to correct my evidence concerning the strike," he said. "Investigation shows It had been In progress for seven days when the chief left town." Mr. Schrieber suggested the strike started Aug. 81, and the Chief went to the convention on Sept. 16. "I wouldn't argue," mayor. on: oath replied the Traces Background Chief John Derry took the stand at 4 pm, and Mr, Schrieber ut- lized the better part of an hour tracing the chief's police back- ground, and detailing changes he had made since taking his post here in 1944. Nothing Said Concerning his trip to Burling- ton, protested by the reeve, he sald: "Up to that time, I'd made many trips for prisoners or on investigations and nothing was sald. That day, I conferred with Burlington police concerning a woman who had defrauded a local jeweler of $250, paid a police assn. bill and arranged an assn, dance date, and inspected a new type of with" the post office he sald he had arrived at the scene at 5 am, investigat- ed, notified Hamilton, Toronto and provincial police, got a fing- er print man from Hamilton on the job, and retired in favour nf the federal inspectors. Chief Derry explained he took the police car home at mealtime because often only one constable ig on duty at that time. "It makes me available in a very few mom- onts, if needed, and in the morn- ings, when we are shorthanded breakin, from 6 fo 8 a.m. calls are switch- ed to my home," he declared. police chairman in 1949, stated the .