"Two Years In Penitentiary," Niagara Falls Review. October 21, 1943. Page 1 & 3. ---- Herbert Irvine admits breaking and entering ---- Herbert Irvine, twenty, of 628 Park Street, was sentenced to Kingston Penitentiary for two years, by Magistrate John B. Hopkins today, when he pleaded guilty to a charge of breaking and entering Damato's restaurant on Highway No. 8 on Oct. 3, and stealing a cash register from the premises.
He also pleaded guilty to charges of breaking and entering Hansell's pool room, Bridge Street, on Oct. 4th, and Hatter's Drug Store on Sept. 29th, and was given the same sentence on these charge, all to run concurrently.
Ivine's seventeen-year-old brother, Claude Irvine, was given suspended sentence on payment of $18 costs, when he pleaded guilty to a charge of breaking and entering Allan's garage on the night of Oct. 15th.
Wendell M. Musgrove K.C., defence counsel for the brothers, and Crown Attorney Harry W. Macoomb K.C., conducted the prosecution.
At the beginning of Herbert Irvine's trial he pleaded not guilty to the charges of breaking into Damato's and stealing the cash register, but after testimony had been given by Provincial Constables Chambers and Pope he changed his plea to "guilty." The officers testified that they found the cash register in the ditch, and after an investigation arrested Irvine and a companion. They found in Irvine's possession, they said a quantity of silver totalling $14.98, and two keys, one which fitted the padlock on the front door of Demato's restaurant and the other fitted the cash register. When the padlock was produced in court and it was found the key bore the same number as the lock. Mr. Musgrove advised his client to change his plea to "guilty" and this was done.
Constable William Collins testifled in the case of Claude Irvine that he was posted inside Allen's garage on the night of Oct 15th, when he heard a glass window broken and saw the accused put his arm through the opening. The officer immediately arrested him, he said.
[AL: Irvine had never been in the penitentiary before, but had served a term in the provincial reformatory. He was a steeple jack. At Kingston Penitentiary, he was convict #7484 and worked in the broom factory. A well-behaved prisoner, he was transferred to low security in January 1944 and released in early 1945.]











