"Pen Terms and Lashings for Kidnappers," North Bay Nugget. April 30, 1934. Page 1 & 2.
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Feeney, Paananen Found Guilty of Dual Charge
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Result of Daring Offense Committed Here on April 13
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HOLD-UP SUGGESTED
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Four years in penitentiary with ten lashes, was the sentence imposed by Judge Leask this afternoon on Joseph Feeney, found guilty of rob- bing Emile Geroux, North Bay taxi driver, when Feeney, a Detroit man, and Nelse Paananen, of Sudbury, commandeered Geroux's car and took him on an enforced ride to Bracebridge. Paananen, also found guilty of the robbery, received a two year penitentiary term.
Four and two year terms were handed Feeney and Paananen respectively on the kid- napping charges. The sentences are concurrent with those on the robbery counts.
Five of Feeney's lashes will be administered within the first month.
Judge's Comment
"This is a very serious crime," said his honor, Judge Leask, pointing out that the maximum sentence for kidnapping is twenty-five years, while life may be given for robbery with violence. He named Feeney as the ringleader.
The two men took their sentences calmly, Paananen appearing relieved 1 that he had escaped lashes.
"Are the sentences consecutive?" Feeney questioned. "Yes," replied his honor, but it was later found that Judge Leask had misinterpreted the accused man's question and had intended making the sentences concurrent.
Evidence that Geroux, who was allegedly beaten and kidnapped on the morning of April 13, was promised a safe return and "something for himself if he stayed quiet," featured the trial of his abductors.
Feeney, earlier in the afternoon, had sworn that Paananen knew nothing of his, Feeney's, plans to secure a car and go to Toronto.
Denies Hold-up Plan
Earlier in the day, Geroux, crossexamined by counsel for the accused, denied he had any knowledge of a plan to commit a hold-up in Toronto. He also denied he was to receive a $200 split.
"You weren't going to hold Geroux for ransom, were you?" Feeney was asked. "No."
"What did you want the car for?" "I wanted to get to Toronto."
"Is there anything to the talk that he was the one you were after?" "No."
"It was suggested that he would get some reward if he kept quiet, wasn't it?" "Yes."
Nelse Paananen, 20, was called at 3 pm.
"Did you know what Feeney wanted the taxi for?" Mr. McAndrews asked. "I only knew he wanted to go to Morris street."
"Didn't you know anything of his plans to go to Toronto?" "I knew he was going to Toronto eventually."
"You were acting under orders by Feeney, weren't you?" Mr. McKee questioned. "Yes. I went with Feeney because he promised me a job in Detroit or Windsor."
"Were you willing to do what Feeney wanted to do?" "I think I was willing."
Geroux's story of the affair varied but little from that reported in previous issues of The Nugget. He said that he had never seen the men before the night of the alleged kidnapping.
Geroux again charged that Feeney had said "he was the guy they wanted." He also claims that they had told him "if they got what they wanted there would be a couple of hundred of dollars in it for me."
"If they had offered you your car and $100 would you have turned it down?" Mr. McAndrews asked. "Yes I would have turned it down."
Suggest Toronto Job
"As a matter of fact isn't it true that when you got past Callander these men said to you if this job went through that they were going to pull in Toronto there would be $200 in it for you?" "I deny It."
"Did you ever get in trouble while working in the Nickel Range hotel at Sudbury?" "No."
"Were you convicted for assisting in a robbery at Mattawa and sent to Burwash?"
"I was convicted be- cause I didn't tell the police." "Why didn't you yell at Sundridge?" "I was afraid, Feeney had his hand in his pocket and I didn't know whether it was a gun or not."
"Did you tell these men you wouldn't squeal on them because you had served a term in Kingston Penitentiary?"
"Yes I told them I wouldn't squawk."
Robbery Charge
Evidence on the robbery charge was separated from the kidnapping charge and Geroux testified to both while in the box this morning. He swore that Paananen had pilfered his pockets and taken $4.50 and his driver's license. Part of his money, Geroux alleged, was spent for gas on the trip.
Thomas Foster, night clerk at the Continental Hotel, was second witness called by the Crown.
"Do you know the accused?" Mr. McKee asked. "I know the tall one (Paananen). Between 12 and one o'clock on the morning of April 13 he asked me to call a taxi. I asked him which one and he said no particular one, so I called the Diamond Taxi."
Deputy Chief J. J. Dennis, who brought the men back to North Bay after their capture near Bracebridge, described Geroux's injuries when he saw him in Bracebridge.
Tells of Arrest
Provincial Constable Leonard Hardwick, Bracebridge, was the next witness called.
"I got a call from a farmer that morning telling me there was a car in the ditch and a man beaten up on the Ferguson Highway about two and a half miles south of Bracebridge," he testified.
"I got Geroux's story and then I arrested them both on a charge of assault, causing actual bodily harm. I took them into Bracebridge."
"Did you ask them for any explanation?" "Yes, they said there was too much booze and there was nothing to it. Feeney said they wouldn't talk."
The Crown concluded its case at noon.
Came from Sudbury
Joseph Feeney took the stand starting this afternoon.
"Where were you before you came to North Bay?" his lawyer queried. "I was in Sudbury, where I met Passanen. I was supposed to see a fellow in North Bay but I arrived too late for he had gone to Toronto."
"Thursday night (April 12) I drank a pint of alcohol and later that night I told Paananen to call a cab."
"Why did you tell the driver to drive to 20 Morris street?" "I could not tell you, I don't know."
"Paananen got out of the car first," the witness continued. "It was then that Geroux and I got into a fight. "He got out and fell when trying to get away. I picked him up to put him in the car but he shut the door with his feet. Then Geroux said 'Don't hit me again,' and he got into the back seat."
"At no time were his feet tied, his hands tied, nor was he lying on the floor," Feeney contended. "I later told him I was sorry, but it was too late then."
At this point Feeney's counsel asked that his client be given the protection of the court in regard to a statement he was to make and which might incriminate him in further proceedings. The request was granted.
"Everything went along fine and we had a conversation," Feeney went on. "I asked him if they would miss him at North Bay and he said they wouldn't because de often stays out all night on calls."
"On the way down I felt a little sick, so I slept with my head on his lap for an hour.
"Geroux said 'Go as far as you like and give me enough gas to get to North Bay and I won't even remember what you fellows look like.'"
"Did you have any discussion with Paananen about this affair before It happened?" "Paananen knew nothing of what I was going to do.
I just asked him to call a cab." "You said something about him getting a split?" "Yes, I told Geroux to keep quiet, that he would get his car back and no doubt something out of it for himself."
"Did Paananen take an active part in the assault?" "I don't re- member Paananen hitting Geroux at all."
"How did you get his money?" "He took it out of his pocket and said that we could have anything he had if we didn't hurt him."
Born in Belleville
Though Detroit is his present home, Feeney was born in Belleville, he said in a reply to a question by Crown Attorney McKee.
Feeney admitted that on April 13, 1933, he was convicted at Belleville for false pretenses and sentenced to Burwash jail farm.
"Do you deny that you were arrested in 1929 at Detroit for uttering and publishing?" "Yes, I deny it." He also denied being arrested on charges of breaking into and entering at Detroit in 1930.
He did admit, however, that he had served a term in the Marquette prison and was transferred to the State prison.
"Was it not a fact that you cashed a bogus cheque at Sudbury for $10 to come to North Bay." "I won't admit that."
"How did you know there was a Morris street in North Bay?" "I had an address where I was to see a fellow."
"You said Paananen didn't know what it was all about?" "Yes." "What was it all about?" "I wanted to get to Toronto."
"Did you intend to kidnap the driver?" "No, I just wanted to take the car."
"Why didn't you let Geroux go when you were fighting?" "I don't know."
"Was Geroux a prisoner?" "Yes."
[AL: Feeney was 31, divorced, from Belleville, and was trained as a barber. He was convict #3437 at Kingston Penitentiary and worked mostly in the barber shop. He was released February 1937. Paananen was 20, from Cobalt, of Finnish background, and a 'labourer'. He was convict #3435 but was transferred June 1935 to Collin's Bay Penitentiary, becoming inmate #871, and released October 1935.]
