#did not do April Bowlby justice

[bemp0]

Elastigirl

[if-you-fan-a-fire]

“Klansman Appealed Only To Be Jailed,” Toronto Star. April 17, 1930. Page 03. ---- W. A. Phillips of Hamilton Played Part in Separating Sweethearts --- FOUGHT HIS FINE --- ‘No Person Entitled to Do What Lawless Mob Did,’ Court Ruling ---- Branding the action of D. W. A. Phillips, chiropractor of Hamilton, and his Ku Klux Klan companions in separating Isabel Jones from Ira Johnson at Oakville on the night of February 28, last, as ‘an attempt to overthrow the law of the land and in its place’ to set up mob law, lynch law, to substitute lawlessness for law enforcement which obtains in civlized countries,’ first divisional court at Osgood Hall yesterday dismissed the appeal of d. Phillips from the conviction and fine of $50, substituting imprisonment for three months without the option of a fine.

Reading the judgement of the court, Chief Justice Mulock said:

‘Every person in Canada is entitled to the protection of the law and is subject to the law. It is the supreme dominant authority controlling the conduct of everyone and no person, however exalted or high in power is allowed to do with impunity what that lawless mob did. The attack of the accused and his companions upon the rights of this girl was an attempt to overthrow the law of the land and in its place to set up mob law, lynch law, in substitute lawlessness for law enforcement which obtains in civilized countries.

‘The greatest calamity that can befall a country is the overthrow of the law. Without it there is no security for life or property. Mob law such as is disclosed in this case is a step in that direction and like a venomous serpent, whenver its horrid head appears, must be killed, not merely scotched.

‘It is the duty of the corut to protect the authority of the law and regarding as we do the offence in question as a grave one, we are of opinion that the monetary fine imposed by the magistrate was a wholly inadequate punishment, a travesty of justice, and we substitute therefor imprisonment for the term of three months.

‘This being the first case of this nature that has come before the court, we have dealt with the offence with great leniency and the sentence here imposed is not to be regarded as a precent in the event of a repetition of such an offense.’

At the outset, members of the court objected to the argument of C.W. R. Bowlby, accused’s counsel, that no force had been used and that the men from Hamilton had ‘acted like clergymen doing a Christian act.’

Mr. Justice Middleton asked why there was need of a mask if the object of the mission was lawful:

‘From what I have read of the activities of the Ku Klux Klan in the United States, I would say the mask was used for the purpose of avoiding identification and of eadin the consequences of their acts.’

‘They come here and say they are as competent as any court in Canada to step in and administer justucice,’ Mr. Justice Hodgins complained.

‘What they did was no more unlaawful than holding a masquerade ball,” Mr. Bowlby suggested.

‘As I see it, what you are defending, Mr. Bowlby, is the attempt of some men to introduce into Canada what British jusyice will not tolerate for a moment. We will not tolerate any group of men attempting to administer a self-made law,’ said Mr. Justice Grant.

Mr. Bowlby replied that he held no brief for the Klan but was attmpting to interpret a section of criminal law. ---- “Klansman ‘Happy’ To Serve 3 Months, Says Cause Good,” Toronto Star. April 17, 1930. Pages 01 & 02. ---- All Members Willing to Sacrifice Freedom ‘For Christianity and Country’ ---- NO FURTHER APPEAL ---- Special to The Star by Staff Reporter Hamilton, April 16. - Ku Klux Klansmen to-night held a largely attended mass meeting at which the unsuccessful appeal of William A. Phillips and his consequent sentence to three months in jail were discussed.

An official statement from the office of the scribe stated that ‘Mr. Phillips is happy indeed to serve a term in prison for such a cause as this,’ which is understood to mean that the Klan will not take further appeal against the court’s sentence.

‘Of course, he has the theoretical right to appeal to the privy council in England,’ observed an official of the attorney-general’s department, ‘but is it is almost unheard of for the privy council to grant leave to appal in criminal cases, particuarly one where the sentence is no nominal. He might just as well appeal to the Kingdom of Heaven. If they are really talking of appeal, they must be intoxicated with the exuberane of their own verbosity.’

The full context of the statement is: ‘We, the knights of the Ku Klux Klan of Canada, at a mass meeting held at Hamilton this evening; after viewing the sentence passed on W.A. Phillips and noting the various comments of the five judges, could little expect a different decision from these men; especially after the report made by Mr. Justice Middleton two weeks prior to the case, in which he stated that ‘the Klan should be gently suppressed.’

‘Justice Grant stated: ‘As I see it, what you are defending is the attempt of some men to introduce into Canada what British jusyice will not tolerate for a moment. We will not tolerate any group of men attempting to administer a self-made law.’ Stand For Justice ‘We do not uphold any law other than British justice which we will strenuously fight for and defend. yet it must be remembered that our minister of justice at Ottawa, a Roman Catholic, ordered a crucifix to be placed back in the Birtish courts of justice at Quebec when Judge Duclos refused to hold court when same was upon the wall. Of course, Justice grant would call this ‘British Justice’.’  

“Edward Bayly, K.C., replying for the crown, stated that ‘This man Philips was only a poor fool.’ Mr. Bayly certainly must have a very high opinion of himself, as when a person reaches a certain age he often becomes rather foolish himself.

‘Of course, we take into consideration that all these statements made by the different judges are made under the protection of the court. Justice Hodgins stated that, ‘The road to hell is paved with good intentions,’ and Justice Middleton added, ‘And so is the way to the county jail.’.

‘Many an innocent man has been sent on both roads by many a judge, and in this particular case we feel that Mr. Phillips is on one of these roads. An innocent man, standing up for Christianity, and the courts passing sentence on one who is fighting immorality in its worst form, such as is illustrated in the proceedings of this case, is compelled to suffer imprisonment. Is the court in this particular case upholding immorality and vice and suppressing Christianity?’

‘Mr. Phillips is happy indeed, to serve a term in prison for such a worthy cause as this, and Klansmen are willing and ready to sacrifice their freedom for Christianity, our flag, our nation, and suppressing Christianity,?’

‘Mr. Phillips is married and five children, the oldest fourteen. ‘If I have to serve a sentence they will be well provided for and my business also will be taken care of,’ he told The Star.. There was a touching scene when he told his oldest son of the court’s decree. ‘The boy cried at first, but when I convinced him there was no stigma, he dried his tears and promised to take care of things at home until my return.’ ---- Thinks Klan Curbed Oakville, April 17. - ‘It is what I expected,’ ex-Magistrate J. H. Shields said, commenting on the increased penalty imposed on Philips. ‘I thought Magistrate McIlveen was very lenient. I heard the evidence and thought it demands a jail term. this will likely put a stop to the Ku Klux activities in Ontario.

‘I think he deserves it and I expected he would get a longer term and some of the men with him too,’ said Rev. C. E. Parry of the A.M.E. church here. ‘I guess they are sorry that they tried to separate us, and will wish they had stayed in Hamilton and minded their own business,’ said Ira Johnson, whom the Klan separated from his white sweetheart, Isabel Jones. The couple have married since in defiance of the Klan’s warning.

‘The K.K.K. did me a great injustice,’ Ira said, ‘but I have no hard feelings toward them.’

Mrs. Johnson expressed herself as sorry for Philips. ‘He thought he was doing me a kindness,’ she said. ‘I have a letter that he sent me containing good advice. I don’t like to think of him having to go to jail.’

Mr. Philips telephoned to Chief Kerr that he was ready to come whenever the chief wanted him. ‘I’ll save you the trouble of coming after me,’ he said. Chief Kerr is waiting instructions from the crown attorney.

[if-you-fan-a-fire]

“‘Had No Lawful Excuse Judge Says Of K.K. Klan,” Toronto Star. April 16, 1930. Page 01 & 02. ---- Court Objects to Statement of Klansman’s Counsel in Philips Appeal ---- A CHRISTIAN ACT --- Insisting that the members of the Ku Klux Klan who took Isabel Jones of Oakville from her colored lover’s house on Feb. 28 last and placed her with the Salvation Army in order to separate her from Ira Johnson, had lawful excuse for what they did and were legally justified in wearing a hood, Dr. W. A. Philips, Hamilton chiropractor, appealed to the first divisional court at Osgoode Hall to-day from the conviction registered against him on March 10 by Magistrate McIlveen at Oakville.

At the outset, members of the court objected to the argument of C.W.R. Bowlby, accused counsel, that no force had been used and that the men from Hamilton had ‘acted like clergymen doing a Christian act.’

Mr Justice Grant: ‘What right had they to take this girl from the house?’

Mr. Justice Hodgins: ‘If they had not succeeded in what they intended, would they have gone back to Hamilton?’

Mr. Justice Grant: ‘They had no lawful excuse for taking this girl from her home and placing her where they thought she ought to be.’

Perfect Gentlemen Mr. Justice Hodgins asked if the men from Hamilton formed an organization of any kind. Counsel replied that they had been referred to as the Ku Klux Klan, but that there was no ground for that assertion in the evidence.

Asked how many men had come from Hamilton, he said there were 15 cars with about four or five men in each. ‘They acted like perfect gentlemen,’ he added.

Mr. Justice Hodgins: ‘You mean there was no violence shown?’

Chief Justice Mulock interrupted to ask who Dr. Philips was. ‘A chiropractor,’ was the reply.

‘Who calls him a doctor, then?’ Chief Justice Mulock objected. Mr. Bowlby agreed that there was no justification for the title.

The section of the code under which Dr. Philips was found guilty refers to anyone ‘being unlawfully found with his face masked, blackened, or otherwise disguised by night without lawful excuse.’

Mr. Bowlby insisted that this section referred to persons who were disguised for the purpose of house-breaking or burglary, of committing some other indictable offfence. He submitted that no criminal offence had been committed by the acused, and that he had a lawful excuse for wearing a hood on the night in question.

If a new trial is granted, the accused asks in his notice of appeal that it be without a jury.

Ask Increased Fine Edward Bayly, K.C., deputy attorney-general, presented a cross-appeal for an increase in the sentence by imposing a jail term, on the grounds that the sentence imposed was too light, ‘having regard to the character of the offence, namely, that the law was taken into the hands of the accused and that there was a great show of potential force.’