The Ontario Scrapbook Hansard

Ontario Scrapbook Hansard, 9 Mar 1929, p. 2

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"Just as well you didn't." said Chair.. man Hon. Joseph E. Thompson. :Saw Dtunkcn Men. I Mr. Finkyson asked witness if he (had seen drunken men at the party? I "Yts,"tepliett Brien. ,_ 2---You were after Schneider. You didn't touch the men on the road. I thought it might be the duty of any otticer to do that. But you went into the house. after first going back to Kitchener and getting a. warrant? 2--Luigitt I suggestUivt you had a. duty to performing in picking up these meg? _A.--a wasn't after small stun. q.---wtierey A.-<in the road and coming out of the house. "I didn't hear that." put in Liberal Whip Alex. Mewhinney trom the back of the committee room. "I don't irnGriiii.e.' failings at all," replied Brien, while the Conservatives roared. _ -'-"-"%e"""""m. vv-Vnayu-l "WIIILI-Uu '.Il'ih Schneider. at whose house the road- cpening party was "thrcmx," was a prominent. influential citizen. and son of, a staunch Liberal. his; int_e_rroga tion." 7 iviGerk '3 (1:33:55 am; tll "When was that cheque presented?" 719$ asked Brien. 1 , "The following day," said Mr. Fin- Bu layson. Tn; " beg to dam." declared Brien. ot "It was presented the following day," .. said Mr. Finiayson. "and kept at the aro bank until Dec. 3. and there were no v funds to meet it." son Brien swore that the cheque in ques- can tion was not presented until he was and "out of work." that 2--What did you do with the 313.50, Ema then? A.--1 didn't spend it intention.: i 't ally. Mr. Finlayson next. claimed that Brien. when he resigned, had $13.50 in collected costs. for which he gave a. cheque to Inspector Rae. his superior. but that there was no money in the bank to cover it. we mane get any consideration {tin}; me. Q.--He got eight bad notes, and he his since sued you for them. Says Cheque Was Worthless. pany. of which Brown is President. bu. the renewal note was a. "personal debt" between him and the bootlegger. "Have you any excuse, " a con- stable," asked Mr. Finlayson. "for deal- ing with a convicted bootlegger?" "It wasn't my suggestion," came the reply. 2---But you did it? A_---Ye.s. but he didn't Est am; ttonRidorsat.irtt, fer-, 2---3rou'1i admit. then. that this at- falr we: sttiBeient reason for General Williams asking you for your resigna- tion? A.--5res. George Smith. M.P.P.. Toronto- Greenwood. inquired of the witness if the teller to whom he had gone to pay the note in the bank had not counted the money in front of him. "No." said Brien. "he just took it." /'Must have been a. funny teller." en- Joiped Mr. Smith. -"'------- Admits Dismissal Warra nae; to the Twin puny. of whicl the renewal m between him a questioned by J. W. Widdiiield tPro.. gressive, North Ontario), witness said that the first note had been made out, to the Ay,?) 'City Second-Hand Com- Sa-r-ir-.. W a - "WV- - _ _ _ - -e-'_N.. '"... %P.9B& Acuouun. a Rae, his superior, don't know that I have to disclose no money in the 'them here." "You knew that the liquor was there hequc presented?" "legaily?" Witness continued to explain that In- spector Rae had told him that a tele- gram had been received from the head office in Toronto staying proceedings against Prcng until further instrub. tions. "There was no investigation 36 iiras I know." "After these crders had come from Toronto," Mr. Finlayson asked, "there had been a period ot two weeks, in which investigations could have been made before the case was withdrawn?" l "Why did you not stay at the car .nntil the men returned?" asked Mr. i Finlayson. ', "It was not necessary. I had the lP.umlxxr and the license of the car fwhich was responsible." D. J. Taylor tProgressive. North Grey) took exception to this view as either a law or police rule. It was the universal rule of police forces, said Mr. riplaysen. "When you found the name of the owner you laid an information against Mr. Prong without instructions from your superior?" "Yes." "You shouldnt" said Mr. Finlayson. who proceeded to say that in cases of this kind it was an officer's duty to lay the facts before his superior for de- cision as to whether or not information should be laid. "That is one of the loopholes," wit- ness observed. "Well. that is reflecting on the Leg- islature. What I want to know is why ycu didn't wait for the man to return to the car'?" "He wouldn't return there." Loophole in Ari. Mr. Finlayson read from the act to show that the cwner of a car was not responsible for liqucr found in it un- less it. could be shown that the liquor was his. "Fcur trilnesrer, srill Show you were not censured on thar," replied Mr. Finlayson. Mr. Homuth insisted on knowing from witness it he suggested that there had been any political interference in respect of the return of the liquor per- mit on this occasion. "I'm not saying there was," replied Brien. Witness was next questioned about the Blair incident. He stated that he and two other officers had attended this gathering where the crowd was small. and beyond the discovery of beer in an automobile there had been no trouble. After seeing some men drink- ing or. the street he had faund beer in an automobile and taken the num- ber of the car. "I told one ot the constables to go around and take the names." Witness was pressed by Mr. Finlay- son as to whether he had any other complaint about the Conestoga affair. and he replied that he was tatistled that there was nothing wrong other than drunkenness. "So you have no more eomplaints?" "No, but who brought it up at T0- rcmo, and why war, I censured?" Mr. Homuih-CiSii sou take the names of guy men in that house? I: "How do you know the mén on GTP, 'road were small stuff?" asked T. M. Costello (Conservative. South Renfrew?. "I don't pick up drunks," replied wit- ness. "That's not my business." Brien claimed at this Juncture that it was just as great an offense to make I men drunk inside the house as to bel drunk on the road outside. t Witness said that there had been reasons for him suspecting that there was drunkenness. Mr. Finlayson-what were they? "Well. I had my own reasons. I don't know that I hare to disclose he was pressed closely by Mr. Finlay- son as to why he had not taken the names of tho mm that he claimed were drunk on the premises. He said be 113:! askcd one of the oa'fieet"s to take the uanws Had His Own Reasons. Q.--GVeA. you went into the house and found a respectable character there? A---1 don't-know about that. 2---Well. he is one ot the biggest men in the community-di-ent, I would say. from Brown? A.-I know that. now. "Did you know that Schneider was a prominent miller and a leading citi- Pen when you went inside the house?" asked Mr. Miller. East Elgin. A.-- No. ( Toward the conciusxm of Brien's evi- Slencn regarding sthe.ct?netitoi',' attair, "The he liquor on drunkenness the permit was legal was being allowed." while I was , Mr. Pinlqsotv---He has a. sort of un- :1'ortunate manner about him. We'll all 'admlt that. " Brien, he told the committee. was a ic"htrtrrtorking ottleer," although he mad had to speak to him several times gabout the "boisterous way" in which o'tte raided hotels. i tt.---You told me the other day that ;one arrest was made of a. drunk at the warty by some county constable. A.--- iThat is so. i Inspector Edward Rae, Provincial i Police Inspector in charge ot the Kitch- ;ener post, swore that he had been nine gycars in the service, ever since his re- "urn from overseas: had served at 'i?rotstvi1le, Ottawa, Belleville. Hamilton, , Barrie and Kitchener. with Inspectorate l charges at Barrie and Kitchener. and {had known Brien seven or eight years ':t3r10r' to taking over the Kitchener com- lmand on March l, 1928. 'l"Boisterous" on Raids. 4it.--alhey are still suing you in Divi- sion Court for the notes you signed? A. --Yes, sir. ' Wimam Morrison 'Conservative/ Hamilton East) pressed the witness to; .expiain why he had not seized the can! "'If you had seized the ear," said he.' é"you would have forced the owner ton Ttakc the witness stand in court and1 ishov: that the liquor was not his by!, 'fol'e he could get his car back. Ir, "there any case when you were working; Iiii Hamilton where you have found! liquor in a car and not, seized the ear?"',. J, "No. I always seized it." F "Were not those your instructions?"! : "Yes." . Witness was pressed regarding an inr :. xerview in the Toronto Star In which 5;]1e was quoted as saying that the been glbalonged to a Conservative member ot) (Pariiittt.ent. He explained that "they: 'got. it mixed up." t ', "Who was the reporter?" asked My.' Re-examined by Mr. Sinclair. wit- ness said Brown was the only one ot his creditors who was a bootlegger. R.--arid you at any time try to get Magistrate Weir to deal easily with Brown when he came up for sentence? A.--None whatever. Wagner's room at a hotel at Wellesley. Mr. Finlayson wanted to know why he had misled the committee earlier by saying that the room was unoccupied. It might, hare been either occupied or unoccupied. witness said. He was also questioned considerably as to whether he had not disregarded instructions re- quiring an Mfieey to be accompanied by the owner of a hotel in entering a private room. Witness admitted that such were instructions. but on this cc. casion the proprietor was away. Mr. Sinclair said that the L..C.A. empower- ed oitieers to break into any premises suspected ot breach of the act. Mr. Morrison explained that this needed a blanket warrant signed by the Min- ister and given to senior inspectors for use only in unusual emergencies. Mr. Sinclair Re-examines. , ' "Yes." "You couldn't have got a conviction .in either care?" ' " don't know." Mr. Hcmuth---Did you ever have any :conversation in connection with me during your work in Waterloo? ', "No." (, Mr. Finlayson-The Star made a ifalse statement? , "Yes." Witness was then examined at some length regarding the search of Charles Search of Wellesley Room. "Were you just stringing him? You knew what they wanted?" Cottfidenee Abused. Me Says. "We were talking oxer some thinge ccvtidentia1ly." "They abused your tintitierccc.2" "Yes." In mum's to further questions from Mr. Finlayson. witness denied that the Star had brought him down to Toronto or given him money or clothes. "ts your only edmplaint that orders came from Toronto in this case?" asked Mr. Finlayson. "Who was the reporte Finlayscs. "Is he here? "No." Mr. Sinclair interjected the opinion that. when a police officer found liquor in a car it was surely not required that, he find out who owned the liquor before starting action. "When it was found Mr. Prong was a county official. and a man of good character. you didn't have a case against him?" asked Mr. Finlayson. -"t might not have gat a. ctnivietion." said the witness, "but he cauld have been made to prove that it wasn't his liquor in his car" Ascertain Owner First. n"

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