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Young Driver
Sobs Gets Four Months
Lives must be guarded say
Judge after jury finds negligence.
Toronto Star, February 13, 1935
With tears in his eyes, Harland Freemantle, 20, Muskoka was sentenced
by Mr. Justice Henderson in assize court late yesterday, to four months
definite, and six months indefinite on a charge of criminal negligence
in connection with the death of Wesley McLean, 21-year-old telegraph
messenger fatally injured last November 23 when struck by accused’s car.
The messenger was riding a bicycle about 10:15 p.m. at the intersection
of Harbord and Shaw streets.
After one and a half hours the jury acquitted accused of manslaughter
but found him guilty on the lesser count.
While Salter A. Hayden, K.C. was outlining the crown’s case the young
man broke down. Sheriff’s officers took him from the court room.
The youth again broke down when J.C. McRuer, K.C. pleaded for leniency.
“The jury has taken a merciful view of your case,” Justice Henderson
stated. “In my opinion the evidence very well warranted a conviction of
manslaughter. Your reckless disregard imposed a duty on the jury and
now imposes a duty on me.”
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