An Absent Man is Always Guilty, the Leo Rogers' Version

By J V De Marco

Ninety-five years ago Canada was treated to very exciting times when bad guys and good guys ran through the streets of a small northern community with guns blazing. Every newspaper in the country was salivating over the deadly details and tripping over one another to be the first to provide the gory details of the chase and its deadly conclusion.

The Great War was over and sleepy little Canada was awakened with a bang and the escape of a fugitive and the death of a policeman.

Striptease is an art form performed for adult entertainment. Stripping away the facade of creditable reality of the judicial system that existed one hundred years ago has not been amusing entertainment. Has the country grown?

The concept that an absent man is always guilty became a sneering taunt to challenge the integrity of Canada's justice system and to maintain the status quo in favour of the entitled few.

Constituted authority during this part of Canadian history insisted on its entitlement to be right.

Three men died in this mess and the truth should have been told long ago, not covered over with a shroud of decency.

This shroud of decency was nothing more than an insistence that the rights of one group supplant obligation to duty and truth. An absent man is always guilty. The evidence remains to make the correction.

The front pages of Canadian newspapers for the first time in many months were crowded with pictures and stories of this event occurring on our streets. Our larger more active cousin to the south of our borders for the first time was not the only front page news.

Gun battles did take place and dangerous criminals real or invented were used to frighten small children into good behaviour.

Ernest Hemingway a foreign reporter for the Toronto Star left Toronto to report adventurous things in Europe and missed this desperate hunt for a desperado by more than half of the Ontario Provincial Police force and all of the North Bay Police Force and more than twenty hired posse members.

Almost every city and town of Ontario reported the sighting of the dangerous criminal running through their city streets.

The truth remains concealed and simply awaits discovery.

• Language: English
• Publisher: J V De Marco
• Release date: Oct 1, 2018
• ISBN: 9780463687307

J V De Marco

Self-employed Toronto, Canada AreaWriting, acting, producing for self and others.Director of SeveralArts Ventures Inc. John Victor De MarcoJV DeM writes for books, plays and scripts. J (John or Jake) also makes industrial and documentary videos as seen on YouTube and elsewhere. JV De M is an author who writes, encourages others to write, and does some acting and directing for stage and or film now and then.JV DeM's wish for other potential authors: write, write and write some more.Read any and all 'free stuff' available from sources such as 'Smashwords' and others before you spend your money. Watch any and all 'free stuff' to be found on YouTube from sources such as 'Smashwords' and others before you frustrate yourself and your budget.Education: Ryerson, otherSingle Camera Film Doc. Theatre - Dir. as Tech., Film/Cinema/Video Studies, etc.Enumerating scholastic achievement should be supported by things done.Been taking my own advice and writing instead of talking and posting too much. Remember that. The words don't get onto the page unless you put them there. Using social intercourse as an excuse for not writing is only fooling you. Be careful with the scotch and or wine, the keys get sticky after awhile.Cheers JV DeM

Book preview

An Absent Man

Is Always Guilty

The Leo Rogers' Version

by

John V. De Marco

Copyright TXu 2-049-644

ISBN 97800463687307

ALL RIGHTS RESERVED. The use of any part of this publication reproduced, transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, or stored in a retrieval system, without the consent of the publisher/creator are an infringement of copyright law.

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Disclaimer:

This is a documentary presentation of historical events which occurred within the early years of the Dominion of Canada. It is intended to document some aspects of the reality which existed in Canada shortly before it became a stand-alone country called Canada in late 1932. Its main purpose is to reveal the truth about events which took place then in contrast to what others hoped to conceal. All history is open to interpretation, but has been written by the victors until the internet and social media changed everything. Constituted authority has been especially disappointed with this new opportunity to set the record straight. How different the world is now.

This story is at times written as a dialogue because many facts were obtained from the original participants directly or from their letters; journals and diaries.

This document does not simply quote the lazy writers who quoted other indifferent writers who also quoted other such writers for the sake of accumulating a lengthy list of quotes that were not based on good research and verifiable sources.

The concept that an absent man is always guilty became a sneering taunt to challenge the integrity of Canada's justice system and to maintain the status quo in favour of the entitled few.

Constituted authority during this part of Canadian history insisted on its entitlement to be right.

The rule of law must be maintained without fear or favour to none.

This inclusion is not an apology for what follows.

The temperament of the writer at the time the decision was made to put this story to paper was made when the accumulation of official documents and depositions had filled several containers.

And the day shall come when the lofty privileges of the entitled few shall perish and the exalted few shall conceal their misdeeds no more.

Table of Contents

Chapter 1 The Escape

Chapter 2 Early 1917

Chapter 3 A Few Knights of Kingston Pen

Chapter 4 Home Again

Chapter 5 Shroud of Decency

Chapter 6 Dead End

Chapter 7 The Finale

Acknowledgements

Chapter 1 The Escape

It was between eleven and noon hour in North Bay. Demarco’s fruit and vegetable store was busy. Richardson’s hardware had a few customers and the post office a short distance away was doing the usual business. Some men from different railroads in Town were having lunch at the Canadian Pacific Railway (C.P.R.) restaurant. A few people were moving along Main Street.

A noise came from the top rooms of the Provincial Court House on Bye Street that was not heard much beyond the confines of the courtroom. It was the sound a crowd makes when something unexpected and unpleasant happens. Leo Rogers, being brought into the courtroom to stand trial for violating his ticket-of-leave, his parole, had suddenly turned on the court officials with what appeared to be a gun.

Where the hell did he get that? Those escorting Leo said. The young man jumped the small gate that separated the officials from the audience; ran to the hallway and then ran and jumped down the stairs to the main floor.

His mother called after him. Rogers flung open the front doors to the Court House and ran into the street. Phil Mason was just coming by on McIntyre Street West in his Ford Touring automobile. The young man, Leo Rogers, jumped onto the running board of the car when it stopped at the corner of McIntyre and Bye. He pointed the gun into the face of Mason and then got into the back seat.

Take me up Cassels Street. Leo demanded of the driver as he pointed what looked like a small automatic handgun at Mason’s head. Gaoler Bourke ran from the court house to the car Leo was in and faced what he claimed ever afterwards was a real revolver and was told to get away or he would be shot.

Mason’s passenger, William Scratton, sat quietly in the front seat beside Mason. He stared directly ahead. The car quickly left and went east on McIntyre and then soon turned and sped up Cassell Street to the corner of Front and Cassell Street which was then the edge of Town at that time, 16 May 1923.

16 May 1923 Provincial Court House North Bay Ontario Archives RG 23 W.H. Stringer

Officials of the Town ran into the street moments after the escape. A cloud of dust was all that remained of the fleeing desperado. Accusations and recriminations were shouted back and forth between jailers and their co-workers.

John Rogers, I arrest you for helping your son to get away! One member of the North Bay court officers hollered.

I did not do anything of the kind. John Rogers protested.

His objections were fruitless and he was taken away and jailed that very instant in the cells within the basement of the same provincial building. This building was not the North Bay Town Hall at Ferguson and McIntyre Street West. It was the cells in the basement beneath the provincial court room and offices.

Judge Leask came from his private chamber and mounted his bench shortly after the fuss in his court room. Crown Attorney McKee stood a little embarrassed and finally declared, 'The prisoner in this case is absent.' His Honor adjourned the case indefinitely.

The North Bay Chief of Police, Morbey, was notified at his office at the North Bay Town Hall. He dispatched full-time Constable Lefebvre and temporary Constable Mc Govern to the Rogers’ home at 395 Worthington Street East to search for young Leo and then later they would go out to the spot Mason had dropped Leo off. They would not find Leo anywhere that day.

The North Bay Nugget (May 1923) N185 R32 Archives of Ontario

Word of Leo’s desperate action spread fast about North Bay. Tom McKee the North Bay Crown Attorney telephoned the Ontario Provincial Police (O.P.P.) authority stationed in North Bay for the immediate area to report the escape and get them on the job.

John (Jack) Ataman the provincial policeman was stationed in North Bay and responsible if police work was needed outside the town limits and or the matter was of a provincial concern. The provincial constable had offices within the Noel Block and the O.P.P. telephone number was 1577.

John Ataman was missing again. The Crown Attorney, McKee thought he was incapacitated again. The man had been drinking; missing and down in Mattawa before, probably with that 'wild woman.'

It was 16 May 1923. The O.P.P. would not make their services available until after Friday 18 May 1923 even though official reports and journals attempt to rewrite this fact. John Ataman would eventually be dismissed for his dereliction of duty and conduct unbecoming. This fact was recorded within the file of the Attorney General of Ontario for the year 1923, item number 1584.

The O.P.P. post being abandoned; the local police had to fend for themselves. Many small communities then as today could not afford to maintain a municipal police force of their own and had to rely on a provincial police force. North Bay could afford a small force as it was a prosperous and growing concern in those days. If North Bay's commercial interests had been allowed to grow it would easily have rivaled Toronto in residential and economic growth as was true of Callander, Ontario.

The shame for Ataman’s failure to fulfill his duty would reflect on the O.P.P., recently taken over by a new Commissioner; General Victor Arthur Seymour Williams. Williams would not tolerate any slight against his command and especially his good name and his good reputation.

The General was going to clean up the messy condition he found the force in which he decided had been created by negligent predecessors. He would remove anyone he considered relics of the past. He had already superannuated Superintendent Joseph Edwin Rogers the first chief commanding officer of the O.P.P. as of the beginning of 1923.

Many men who had applied for and had been appointed to positions of police constable were poorly educated and unfit to be given authority that for some was overwhelming. In many cases their experience amounted to preconceived ideas of how the power of such authority should be used. In 1923 alone the General would dismiss eight members of the force (Attorney General's files 1923: files: 1023, 1475, 1584, 1709, 1782, 1947, 1949, 1960) and he would accept three resignations (A. G.'s files: 1022, 1027, 1028).

Jack Ataman claimed he could speak eight languages, an asset in a community of foreigners. He was transferred to North Bay to succeed Fred Lefebvre in July 1922. Fred had some trouble at that time which eventually led him to tender his resignation and join the North Bay Police Force.

Ataman was ordered to the Pacific Hotel in North Bay when he finally did make an appearance in the Town. The General accused Ataman of neglect for not killing Rogers the first night and then dismissed Jack.

Ataman said he was going to fight his dismissal but no records remain to support any effort he may have made. He accepted a position as police officer at Temiskaming, Quebec and started on 15 June the same year. Ataman later refused to give testimony in the O.P.P. case against Frank Scappatura which was lost for lack of evidence.

The North Bay Nugget N185 R32 1923 Archives of Ontario

Young Rogers was not found at his home at 395 Worthington Street East. His family, Mother, Ellen Rogers a Russian Pole, Mary, sister 18 and youngest sister Winnifred 13 nor the boarder, Frank Felix a milk man, knew anything of the escape or the present whereabouts of the man in question. More than an entire day would go by without a good clue for the North Bay officials. These were ‘exciting doings’ in the town.

Children playing innocent games with fire crackers (it was almost Victoria Day in Canada, Monday before 25 May, Queen Victoria's birthday) and were scaring the adults. Excited men of all ages ran about the main streets of North Bay with loaded firearms. They would holler silly remarks and foolish notions to one another as they roamed the streets. Firearms safety was not a part of established police force conduct and certainly not for the residents.

Tom McKee, Crown Attorney for North Bay, would try again, in vain, to get Ataman and the O.P.P. to respond to the Town’s cry for assistance. Police Magistrate Sylvannus Weegar informed the Chief of Police, Morbey that he would take up residence in a downtown Hotel for his personal safety.

Rogers threatened to get me you know! Weegar blustered. The man could be very dramatic if he wanted to. He had been an actor on riverboats and had worked in the circus in earlier years for Barnum and Bailey. He had no knowledge of law as required by a Police Magistrate and yet the Ontario Provincial government saw fit to appoint him to the position of Police Magistrate.

Alright! You do dat Wiger. But remamber he say dat to me also. Mr. Fred Lefebvre said. Lefebvre was a full time Town Constable now, plainclothes. Fred was a French-Canadian and wrote as he spoke with a French-Canadian accent. His written reports clearly reflected his accent, lack of education, prejudices and lack of tolerance for those he didn't like. He had several years of police work on record. His abuse of authority fell on many and his conduct unbecoming and illiteracy would not be tolerated by the General, Williams. Lefevbre was a bully with a badge.

Fred had completed ten years with the O.P.P. Unfortunately a ‘Spotter’ named Alexander Solloway had made an accusation against Fred that effectively ended his career. A ‘Spotter’ like Solloway was hired by public and private resources at the same time to be an informant for liquor violations during prohibition. Such ‘Spotters’ provided the opportunity for the O.P.P. and the criminal element to clear out another member of the old guard. Bootleggers would pay spotters to set up honest cops who wouldn't take a bribe.

Lefebvre couldn’t be bought off by bootleggers so setting him up with the use of false accusations was easier. Solloway never did face Lefebvre at any of the Assizes; however, Fred was gone all the same.

Unfortunately the case of the murder of a young Chinese man named George Young in 1921 went unattended and unsolved because Fred Lefebvre was removed from that case when he was suspended from the O.P.P.

Fred had been suspended without pay because this ‘Spotter’ had made allegations of wrong doing against him. Fred looked forward to facing his accuser at the Fall Assizes of 1921. Solloway didn’t show. Fred was then taken back on the Force. Fred still had to face the ‘Spotter’ at the Spring Assizes of 1922. Solloway did not show again. The charges were dropped. Fred resigned from the O.P.P. in the summer of 1922 and then joined the North Bay Police Force immediately after.

The General had gotten rid of another relic and cause of his embarrassment. Another member of the O.P.P., Fred’s brother Jerry, was very angry at the poor treatment of his brother by the O.P.P. and made his anger known by carving his anger into his brother's gravestone marker in St Mary's cemetery. It is there still.

Leo ran to a 'safe-house' after leaving the Mason car at Cassell and Front Streets. He did not run into the bush and hide. He was not an experienced bush person and had never the time to learn survival skills for the bush. The safe house was one of the few built within the Mc Phail, King, O'Brien, Front, and numbered streets at the edge of Town in the North Bay of 1923.

It’ll be over soon. A young man said as he poured himself two fingers of whiskey. He spilled some of the drink on his vest as the front door to his house burst open and made a loud bang as it hit the wall. Leo Rogers slammed the door shut and came instantly into the kitchen and confronted the two startled men.

The man with his whiskey still frozen in mid air looked up in horror. Leo’s strong young hand came towards the seated man. He couldn’t move. He watched as the hand narrowly passed his throat and cautiously opened the kitchen curtains behind him. Leo peered out to see if his entry had been noticed. It hadn’t. He pushed the second man out of his way and sat opposite the man with the whiskey. A few long deadly seconds of silence followed. Finally Rogers smiled broadly.

I escaped. Leo said. The other two still sat and stood motionless and speechless.

They couldn’t believe it. I made this fake gun. They didn’t check me or put on the handcuffs so I had it with me when they took me into the court room. Leo said and laughed. The man with the whiskey gulped down the entire draft of whiskey, choking slightly on the drink and bringing tears to his eyes. Weakly he prompted Leo for more.

So, so why did you come here Leo? The man said.

You’re the only friends I’ve got in this town. When I ran out into the street, luck was with me. Someone was just coming along McIntyre. That was my escape automobile and I jumped on the running board. You should have seen it. The jailer came out after me but he ran off when I stuck my gun in his face. He said and laughed again.

I sat in the back of the car all the way up Cassell and they wouldn’t even look around. He said. The young escapee quickly told his audience how he had walked the short distance to the safe house of his friend after he saw his escape automobile race back towards the police. He explained his decision not to go home as it would have been unwise.

The cops are probably up there right now. Leo said, bowed his head and removed his green fedora.

I am sorry for what this will do to my family. I’ve put them through enough already, but damn, I can’t take anymore of Lefebvre’s persecution. He said. Then his features changed and his friends were treated to a rare and unwelcome sight. The young man’s face and especially his eyes changed. That deadly look came into his eyes and transformed his face. This was accompanied by his low angry words.

"I can’t go back! You don’t know. You can’t know what it’s like unless you’ve been through time at Kingston. That’s why I told you I can’t be part of your gang. If I got caught doing anything I would not only have my new time, but all of my old time to serve.

Damn Lefebvre and that Morby too. Why wouldn’t they leave me be? Every time I got honest work here Lefebvre would show up and tell the owners they had to get rid of that ‘excon’." Leo said. The seated man poured himself a second drink.

Leo, you want a drink? He asked as he put down his second and sipped a bit of water from a glass on the table. Rogers shook his head, he didn’t drink. Excitedly he recounted his spectacular escape. The other two listened. Their apprehensions dissipated some. The other member of the gang began to blurt something out, but the apparent leader stopped him with a back hand to the stomach.

Go watch the front for any cops. He said. His partner might have said too much if allowed to finish what he was about to say. He was not that bright. Leo didn’t pick up the apprehension in the kitchen. He threw his green fedora onto the kitchen table. He parted the kitchen curtains and peered out as he spoke.

Damn. Damn. Leo said quietly.

What? What is it? The other man said.

What incredible bad luck I've had. The many nights I reported on Ticket-of-Leave nothing ever happened. That one time, the last time they had to check my pockets almost as though they knew I was carrying my guns. I bought them in new Toronto legal and all. I can prove that, but an excon isn’t supposed to have guns. I didn’t know that, but that’s no excuse they told me. Leo said.

The other man quickly poured himself three fingers of whiskey; stood and moved away from Leo to a large set of cupboards at one end of the Kitchen. He opened a silverware drawer, which revealed to him that a revolver was still there where he had placed it. The man leaned back against the cupboards placing his empty hand on a counter top within inches of the revolver. He sipped his drink.

Do, do, do you think somebody told ‘em? The man stuttered.

I don’t know. It was just bad luck. I guess I’ll never know besides there isn’t time for that now. I’ve got to get away. Can you help me? He said. The friend smiled; put down the remainder of his third drink a lot easier than he had the first two. He closed the drawer with the revolver in it. He walked over to the young man and patted him on the shoulder and bent closer to Leo.

What are friends for Leo? ‘Course I’ll help ya out. He said taking out a few bills from his pocket. It amounted to about fifteen dollars and Leo got it all. The other man had a bit of change in his pocket which he also gave to Leo.

Hey, you! The sneak called to his partner at the front of the house. The fellow came running.

Leo here doesn’t know how the police knew he was carrying his guns, understand? But that’s all water under the bridge now and don’t forget that. He needs our help and he will want for nothing. Go get one of our rifles in the basement. The leader said. The other man gave a sigh of relief and did as he was told. While the man was gone the leader took Leo’s green hat.

You can’t wear this Leo. Most everyone knows there’s probably only one green hat in all the north. The leader said and took his hat from a hook on the back of a door and gave it to the young man.

Take this. You’ll have to wear some of our clothes too to change the way you look. Cops will be looking for anyone in that suit. Then you’ll fit in with most other folks. The sneak said with a stammer.

Leo was told to wait until dark when he could go to a safe place, McLaren’s Garage down in Ferris immediately east of North Bay. He was to wait there until the following night when his buddy would come to him with more money and some food which he would need as he escaped down the French River and then into the States. Leo’s pals got ready and left the house, telling the young man they were going to see what news could be gathered which might help him.

Alone, Leo soon lost the luster of his exciting escape from the court house. He now thought of his family. He clearly remembered the look of great surprise and fear on his lawyer’s face, John McDonald, also Mayor of North Bay at that time, when the fake gun had been thrust into his face in the court room during Leo's escape.

He now remembered faintly the call of his parents as he ran from the court room. The thrilling escape in the automobile was something that he now was not so proud of. He was recalling the look of terror in the faces of his captives. He thought perhaps they might feel a little better when they looked into the back seat of Mason’s car and find his fake gun where he had left it.

The young man laid his head on the kitchen table. A headache was quickly developing. The dark bottle of liquor came into view.

No. Leo said aloud and closed his eyes trying to sleep for a bit.

Loud bangs made him jump out of his chair. He braced his back against the wall directly beside the kitchen window. Very cautiously he peered out the window from a small rip in the curtains. Small boys were playing with firecrackers. They were laughing and throwing the noise makers at one another. He looked at them for a long time. With much longing he wished he could go back to his time as a child. If only he could take back the stupid things he had done.

Judge Weegar settled into a chair in the barber shop of the Pacific Hotel making the usual greetings to the regulars. Andrew Donohue proprietor would service him.

Big doings Judge Weegar. The barber said as he prepared to shave the man.