"GUILTY BANDIT SENT TO PRISON FOR FOUR YEARS," Hamilton Spectator. January 10, 1934. Page 7.
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John Stewart Involved in Several Crimes
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Frank Savoy Didn't Want Any Comment
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Asked For Sentence To Be "Quick"
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Appearing for sentence in police court this morning on two charges, of shopbreaking and theft and one of assault and robbery, John Stewart, no address, was sentenced to a total of four years in the penitentiary. On the charge of assaulting and robbing Mike Gaic, Stewart was sentenced to two years and to similar terms on the shopbreaking charges. The latter sentences will run concurrently, but consecutively to the assault and robbery count.
On the assault charge, Stewart is said to have been a companion of Walter Reece and William Creek, who are both serving jail terms for the same offence. He was arrested last week by Constable Pickup after a store on Main street east had been burgled, and later admitted having broken into another store on Ottawa street north.
"Make It Quick"
"Have you anything to say before you are sentenced?" asked Magistrate Burbidge. of Frank Savoy, alias Frank Conders, who appeared for sentence on a charge of possession of a revolver which was found in his overcoat pocket when he applied for a night's lodging at the central police station.
"Make it quick," was Savoy's non-committal reply.
"When a man of your record, is found in possession of firearms, it may mean an intention to use them," said the magistrate, in sentencing the accused to one year in the common jail.
"Can't you make it two years in the penitentiary?" asked the accused.
"No," replied the magistrate, and Savoy turned towards the cells.
Wanted No Trial
"I don't want to be tried anywhere," said Alexander Ritta, 365 Mary street, who was jointly charged with Joseph Cutala, 295 Catharine street north, with fighting on the street, when he was asked to elect where he would be tried. After the matter of election was explained to him, he elected to be tried by the magistrate.
A story of a row which started in a pool room on James street north on December 29 was told. It was stated that an argument started which continued on the street. After a party of men left the pool room, it appeared as though a fight would start and Cutala was said to have tried to stop it, saying that all would be arrested for fighting on the street. It was said that Ritta called Cutaia a vile name and struck him in the mouth cutting his lips. Cutala, an amateur boxer, retaliated with both hands and Ritta went to the hospital for four days. Both men were convicted and were remanded for sentence for a week on bail of $50 each.
"I want to be tried in the high court," exclaimed Ritta as he went to the cells.
In registering the conviction, Magistrate Burbidge said that, although a man had a right to defend himself, he should not retaliate. It was his duty to withdraw and take proper action through the courts. Cutaia could have charged Ritta with assault occasioning actual bodily harm which carried with it a maximum term of three years in the penitentiary. He intimated that both men would be treated alike when sentence is passed.
Had a Revolver
Following complaints that a on man Beach road had a gun, Inspector Ernest May of the east-end division, and Constable Forbes went out on a search for the man. This search morning. Claude Glover, Freeman, Ont., appeared on a charge crying a loaded revolver. He claimed that he was intoxicated, and did not remember where he got the weapon. A conviction was registered and Glover was remanded a week for sentence and mental examination.
"He has gone to the northern camps," said Acting Court Clerk Eric Howell when Fred Earle failed to appear for sentence on a vagrancy charge. The case was adjourned sine die.
A further remand for sentence of one week was granted in the case of John Hurst who is awaiting sentence on charges of armed robbery arising out of the hold-ups of Albert and George Salton and a William Carroll store on the night of November 25 last.
[AL: John Stewart was 23, single, born in Paisley, Scotland, and was a 'common labourer'. He had a long criminal record - including terms at the Industrial School in Mimico, the Guelph Reformatory, and Burwash Industrial Farm, and a previous term at Kingston Penitentiary as #486. This time, he was convict #3321 at Kingston Penitentiary, and worked as a common labourer at the prison. He was transferred February 1935 to Collin's Bay Penitentiary, and released from there in early 1937 thanks to good time earned.]