“Veteran Is Sent to Jail,” Border Cities Star. September 18, 1930. Page 05.
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Two Years Term is Given For Chicken Thefts To Essex Man
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Pals Get Mercy
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Suspended Sentence For 2 - ‘Old War Habit’ Alibi Is Discounted
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James Kennedy, 35, of Essex, a veteran of the First Canadian Division, was sentenced by Magistrate W. A. Smith in Sandwich police court this morning to serve two years in Kingston Penitentiary on charges of stealing chickens from two Essex County coops.
PALS GIVE MERCY
Kennedy along with Wallace Fairburn, 20, and Edward Wlesh, 27, of Essex, were charged with stealing 20 chickens from John Baldwin, of Essex, and 12 chickens from Ira Cowell, also of that town. They pleaded guilty Monday and appeared for sentence today.
As Fairburn and Welsh were merely tools of Kennedy’s they were given two years suspended sentence each, on their personal bond of $500, on the more serious charge and were fined $10 and costs each on the lesser count. Chief Paerson of Essex, laid these charges.
Major James H. Clark, counsel for Kennedy, explained to Magistrate Smith that his client was wounded three times while serving in France with the Fourth Battalion, in which unit his two brothers were serving when killed in action.
OLD WAR CUSTOM
Major Clark claimed that Kennedy’s war experiences had something to do with his fall from grace. He added that Kennedy, accustomed to stealing chickens during his army days, had come to look upon that offence as something trivial.
The lawyer’s explanation might have had some effect if Crown Attorney James S. Allan had not produced Kennedy’s record, which showed that he served two jail terms for theft in 1911 in Hamilton.
‘I think it’s very necessary to protect the farmer who is trying to make some kind of living raising chickens, from having his yards cleared out,’ said Magistrate Smith in imposing sentence. ‘Something must be done, if possible, to prevent chicken stealing, which is become such a chronic crime in the County of Esssex.’
Kennedy, Fairburn, and Welsh are also to face trial in county court on another chicken stealing charge. The date for this trial has not been set.