“Soltynski Gets Four-Year Term On Arson Charge,” Toronto Star. March 4, 1932. Page 1 & 2.
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Magistrate Refuses to Allow Plea of Guilty To Be Withdrawn
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IN SUDBURY COURT
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Counsel Pleads That Man Be Tried With Man He Says Paid Him
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Special to The Star
Sudbury, March 4. - Refusing to grant the application of defence counsel T. Murray Milligan for permission to change John Soltynski’s plea from guilty to not guilty, Magistrate J. S. McKessock to-day imposed a sentence of four years at Portsmouth on Soltynski, who pleaded guilty to arson.
Soltynski pleaded guilty in January and threw himself on the mercy of the court, admitting that he had set fire to the Sudbury Transit garage on September 6, 1931. Later, at the fire marshal’s inquiry into the fire, he claimed that W. E. Mason, northern publisher, had paid him to set the fire.
Magistrate McKessock said that in refusing Mr. Mulligan’s application for changing the plea he considered that there was not the slightest doubt of guilt and that the crown should not be put to the expense of a trial. Delivering the sentence he said:
‘Arson is one of the most serious offences of our code. I understand Soltynski claims that he set the fire at the request of another and in the hope of reward. Soltynski, you have only been out from the old country for a short time. I will recommend that you be deported when you get out, if I am asked. In view of this I am not going to send you down as long as I might otherwise do.
‘You have committed a crime which has involved the loss of property and might well have included loss of life. You are not the type which we wish to encourage to come to this country.’
The sentence and the magistrate’s addresses were interpreted to the prisoner in Polish by John Wagner.
Soltynski, a former bus washer for the Sudbury Transit Co., was arrested on the night of the fire by Sergt. Fred Davidson but was allowed to go. Later, he confessed his crime and as result of accusations by him and others Mr. Mason also faces an arson charge.
Mr. Mulligan, speaking to his amendment, stated that the accused had pleaded guilty without the advice of counsel.
‘According to his evidence before the fire marshal he is guilty of conspiracy. If his story is true, we now know his motive. If the story is not true, he is a lunatic who has burned himself out of a job. He has put the crown in possession of some very valuable evidence.
‘If he alone is convicted and punish I am sure that the public will feel that here is something wrong with the administration of justice. I have not requested this amendment because Soltynski has any intention of committing perjury and saying that he did not commit the offence, but in order that he might be tried in the same court which will try that other party, so that if there are any extenuating circumstances, they may inure to the benefit of this man, who is after all only a poor foreigner, probably easily influenced by a man who is in apparent authority.’
[AL: Soltynski fought his conviction hard. Doesn’t look like he even ended up at the penitentiary for a long while.]