“Leniency Appeals Of Former Clients Helpful To Duncan,” Toronto Globe. October 27, 1931. Page 03.
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Ex-Mayor of Midland Sentenced to 2 1-2 Years in Barrie for Thefts
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WAR RECORD IS CITED
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(Special Despatch to The Globe.)
Barrie, Oct. 26. - Character evidence by former friends and business associates and letters from numerous former clients from whom he had stolen stock certificates, combined with the fact that he had returned and surrendered himself, without causing authorities additional expense, went in favor of William H. Duncan, ex-Mayor, broker, and insurance agent, of Midland, who was convicted on four charges of theft, and sentenced to two years and six months on each of the charges by Judge Dudley Holmes, in County Court here today. Sentences will run concurrently.
Following passing of sentence, William Hanley, defense counsel, appealed to the Judge to amend the sentence to send Duncan to Burwash rather than Portsmouth because of the condition of his health. While Judge Holmes declined to accede to counsel’s plea, he stated he would not stand in the way of a parole in the event of it being made with a doctor’s certificate.
Indictments Read.
His face marked with age and worry, Duncan, who gave himself up to Midland police a week ago Saturday, after fifteen months of wandering in the United States in an effort to build up another fortune to pay back his creditors, sat quietly in the prisoner’s box and listened as each indictment was read. To each he pleaded guilty. Small and frail, he looked considerably more than 54 years old as the following indictments were read:
‘That between April 1926 and June 1930, he stole certificates amounting to $67,495 from former clients;
‘That in 1929-1930 he stole certificates for fifty shares of the capital stock of Ford Motor Company of Canada, Limited, for Louis Boyce, of Midland;
‘That in 1929-1930 he stole certificates for 400 shares of the capital stock of Vipond Consolidated Mines Limited from John Joseph Macksey of Midland;
‘That in 1929-1930 he stole certificates for 100 shares of Canadian Dredge and Dock Company from Dr. Dalton S. C. Swan of Midland.’
Fifth Charge Withdrawn.
A fifth charge, that of theft of Laval-Quebec certificates from Charles Carter of Penentang, was withdrawn.
Following Duncan’s pleading guilty to the four charges, his counsel, William Hanley, Toronto, asked leave to produce character evidence, after which A. W. Rogers of the Attorney-General’s Department pressed for formal sentence.
Mayor Ben Roebuck of Midland was the first witness. He testified that Duncan had always been highly regarded until his business crashed and he suddenly disappeared.
E. Letherby, Midland manufacturer, also spoke highly of the prisoner stating: ‘He has given freely of his tme and energies toward promoting the community. Up to this time I considered him one of the best and most highly regarded citizens of the town.’
J. Frost, Toronto barrister, told of his relations with Duncan. ‘At 17 years, I enlisted, and was junior officer under Sheriff MacLaren (then commanding the 157th Simcoe Battalion). I first knew Mr. Duncan then. As a boy, and later in France. I am proud to say he was always a good man and a good officer.’
‘The man sitting in the box is not the Bill Duncan I used to know,’ Frost said, almost breaking down. ‘He was an inspiration to me. I was with him for sevne nights while going through Passchendale. He played the part of a man under even the most harrowing circumstances. He was a brave man. What he went through at Passchendale, the gas attacks, and so on, has sent his health downward.’
World Conditions Blamed.
‘I met him when he reported for the first time in the line at Passchendale,’ said Irving Hall, Torotno financier, who lauded Duncan’s war record.
‘Bill Duncan was one of the best officers I have had anything to do with,’ W. Tudhope of Orillia stated.
‘Before the crash came in 1929 he was conducting his business the same as everybody else,’ said William J. Lethbridge, Duncan’s accountant. ‘I always regarded him, and still do, as being honest. We had difficulties getting margins covered after the stock market broke. If we didn’t liquidate some stocks, firms we worked for would have liquidated them, leaving is no choice in the matter.’
Dr. Hanley, who examined Duncan last Wednesday, testified briefly: ‘He is not well.’
At this stage defence counsel produced a sheaf of letters from former clients, some of them heavy losers, because of Duncan’s collapse. All urged the Judge to be lenient.
Letters from Lumberman.
One letter came from J. T. Payette, prominent lumberman and sportsman of Penentang, who was one of the heaviest losers, having losses totalling some $18,000. ‘It was not through any criminal intent on his part,’ Mr. Payette wrote, in part. ‘He was the victim of world conditions. After sacrificing all his own personal property he was forced out of business.’ Mr. Payette asked that the charges agisnt Duncan be withdrawn. Similar letters came from Louis Boyce, A. Brandon, T. J. Campbell, Charles Carter, W. J. Crawford, W. E. Haggarty, George T. Lamb, and D. C. Luke.
‘He has been caught,’ summed up Duncan’s attorney, ‘but even these losers are still his friends. He went away thinking he could recoup his fortunes. When he got away he found conditions so bad he thought it best to came back. Even now he hopes he can some day pay them back. I ask you, in justice to this man and as a service to his community, to be lienent on his behalf.’
To the Judge’s query, Mr. Hanley stated the lettrs asking for withdrawal of charges represented $48,206 of the nearly $70,000 alleged to have been stolen.
Crown Prosecutor Speaks
A. W. Rogers, Crown prosecutor, who was assisted by D. F. MacLaren, Acting Crown Attorney, urged that the sentence passed should be sufficient to act as a deterrent to others.
‘I am not in the habit of saying very much, but I don’t intend to make a distinction in your case,’ said Judge Holmes before passing sentence. ‘Little is necessary to a man of your calibre. No doubt you have suffered a great deal over this, and I blieve it has affected your health. You have been punished considerably already, but penalties must be imposed of sufficient character that they will have a deterrent effect on others in the same position as yourself. In the future we will have ups and downs on the stock market and brokers will be trying to save themselves of collapse the same as you did.
‘This is a painful duty to me,’ he continied. ‘One thing in your favor is that so many men of high standing have come forward, and so mnay letters have been handed me, people who have signed letters asking for clemency, after losing some $48,000. Because of this and the fact that you have come back and delivered yourself to justice to save expense, I am tempted to take a lenient point of view.’
Sentence Imposed
‘I can sentence you to a very long term - in fact, fifteen years on each count, to run concurrently. But owing to all the character evidence I intend to make it such that it will satisfy the ends of justice.’ Whereupon, he imposed sentences of two years and six months for each of the four charges, the sentences to run concurrently.
‘I make a last appeal to your Honor,’ said defense counsel. ‘Owing to the man’s physical condition he asks that he may be sent to Burwash instead of to Kingston.’ The Judge suggested Guelph but Mr. Hanley maintained a higher altitude would give Duncan’s lungs the bracing air they require.
‘If application for parole is made, accompanied by a doctor’s certificate, I will not do anything to injure it,’ said the Judge.
[AL: Duncan became convict #2403 at the penitentiary. He was a clerk inmate in the hospital and was released on parole December 1932.]
