#syndey lass & two-gun o'brien case

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"HOLD-UP AT AGINCOURT BANK," Toronto Globe. October 3, 1930. Page 13. ---- Photographs in connection with the hold-up staged at the Bank of Nova Scotia at Agincourt yesterday afternoon are shown above. No. 1 is Thomas Hawthorne of R.R. No. 1, Scarboro', who had entered the bank to cash a cheque, and who, along with No. 2, H. E. Jeffrey, the teller, and Miss Evelyn Mason, the ledgerkeeper. was forced into the vault, where the three were imprisoned. No. 3 is Sergeant Thomas Draycott of the Scarboro Police Force, who was carly on the scene and is following up the case. AGINCOURT BANDIT IDENTIFIED BY GIRL AS "SUNNY" LASS ==== Bank Manager Thinks Other Thug Resembles "Pat" Norton ---- PAIR GET $1,000 IN RAID ---- (Special Despatch to The Globe.) Agincourt, Oct. 2 - Alighting from a blue sedan which pulled up in front of the Bank of Nova Scotia at Agincourt 2.55 this afternoon, two men, armed with black automatic revolvers. Surprised the teller, H. E. Jeffrey, aged 19, and Miss Evelyn Mason, ledgerkeeper, aged 19, and locked them in the vault, along with Thomas Hawthorne of Searboro', a customer, who was in the bank at the time, and made their escape with: about 1,000 in cash. While one approached Jeffrey and ordered him to the vault, the other had made his way round into the manager's effice, and, discovering that it was unoccupied, hurriedly tackled Miss Mason and Hawthorne. The latter, when told to "stick them up," showed some hess- tation, and immediately he felt the nose of the revolver against his side. With the three out of the way, and the vault locked, the two bandits ransacked the teller's cage and grabbed all the loose bills that were available. As they left they took care to lock the bank door. Released by Manager. Entering the premises at 3.25, H. A. Ballard, the manager, who had been at the village post office, on finding what had taken place, quickly opened the vault door, and released Jeffrey, Haw- thorne, and Miss Mason, who related the affair to him in detail. The city police and Scarboro Police Department were immediately notified, and Chief Harry Smith, accompanied by Sergeant Thomas Draycott and Constable McLel land, were quickly on the scene, along with Detectives Hicks and Mellrath from Toronto. Manager Ballard told the police that on his way from the postoffice he had been stopped by the occupants of a car answering the description of that figuring in the hold-up, and was questioned as to the way to Toronto. The men, who said that they had come from North Bay, were directed to take the Lansing Road. Third Man In Car. According to a driver named Patte son employed by the Brandon Bread Company, who noticed the blue sedan outside the bank, a third man remained at the wheel, a description of whom, however, was not secured. Shown a number of photographs by the police. Ballard showed some hesitation in recognizing that of Pat Norton, wanted in connection with a bank robbery at Melbourne, as being one of the two men who stopped him, but saw resemblance, while Miss Mason positively identified the other as being Bunny Lass, also sought by the police. While Jeffrey and Miss Mason were brought down to detective headquarters at Toronto, Manager Ballard remained at Agincourt and for some hours was closeted with several officials from the head office of the bank at Toronto, discussing the affair.

On Job Only Ten Days. The teller had been at the branch for only ten days, and came there from Belmont. Miss Mason, the ledger- keeper, is the 19-year-old daughter of Henry Mason, a well-known Agincourt farmer. This is the second occasion on which the branch has been the scene of at hold-up. The first took place on May 20, 1919, when two men, later identfied as F. J. Putwain and Harold L Boyes, attempted to rob the teller.

The manager at that time was R. T. Laing. and he immediately opened fire on the thugs, and as the result of which Putwain and Boyes were both riddled with bullets. Putwain was captured and sentenced to serve two years for the affair, while Boyes died from the wounds he had received.

One of the two men who figured in today's hold-up is described as being about 25 years of age, about 5 feet 7 inches in height, with full face, clean shaven, of heavy build, and wearing a blue suit and brown felt hat, while his companion is said to be about the same age, not quite as tall, of heavy build, and wearing a blue suit and grey felt.

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"OTTAWA SCANS CASE OF 'TWO-GUN' O'BRIEN," Toronto Star. October 13, 1933. Page 3. ---- Request of U.S. Minister for Report Is Formally Received ---- SOLITARY 2 YEARS ---- "Had Been Given Exceedingly Bad Reputation," Prison Superintendent Reports ---- Special to The Star Ottawa, Oct. 13. The case of "Two Gun" O'Brien, held in solitary confinement in Kingston penitentiary, has become the subject of international representation. Hon. W. D. Robbins, United States minister to Canada, yesterday afternoon approached the Canadian ministry for external affairs, presenting certain data received from Washington and seeking information with respect to O'Brien's incarceration and reported long-term punishment. O'Brien is an American citizen.

To-day the under secretary of state for external affairs laid the case before the acting prime minister, Sir George Perley, who is also acting secretary of state for external affairs.

O'Brien, it is alleged, has been in solitary confinement in Kingston penitentiary for two years. The Canadian government has refused to make public any details with respect to O'Brien's term in Kingston, but the record is shown in the report of the Ormond investigation into the Kingston on penitentiary penitentiary disturbances, and of prior disturbances in the institution. O'Brien is the convict "E" of the report.

Dealing with the conspiracy of Aug. 5, 1931, Brigadier Ormond referred to convicts A, B, C, D and E as being implicated.

"Involved in the plot," said the report, "was a convict by the name of E, who had been given an exceedingly bad reputation by the police authorities and he, along with others, was placed in the punishment cells in the prison of isolation. Convicts B, C, A and D were released from the punishment cells and returned to the main cell block after approximately five months but convict E - has been kept in a punishment cell since that time and is still incarcerated in that place. He does not appear to have been tried and his case will eventually be the subject of a special investigation."

The report was dated Jan. 23, 1933, and is evidence that convict E has been in the punishment cell from Aug. 5, 1931, to Jan. 1, 1933. No re- port of a subsequent special investigation was ever made public but it is said in Ottawa that the reason O'Brien was not released was that he had made threats that he would kill a fellow convict he believed to have betrayed him and also one of the guards. He is alleged to have repeated these threats from time to time.

Pleaded For Release On Sept. 7, 1932, during his investigation, Brigadier Ormond listened to the complaints of convicts F, G, H, J, B, C, K and several others. "They each pleaded for the release of convict E," reports Brigadier Ormond. "Pleas were put forward on humanitarian grounds. This aroused my interest and I made inquiries as to the reason for E's detention in the prison of isolation. I was informed that he was credited with being the leader or instigator of the plot believed to have been concocted in the summer of 1931. Convicts B, C and H had all, at some time or other, been in communication or close association with convict E. Convict H admitted that he had been a partner in crime of convict E's at the time convict E was arrested on the charges on which he was convicted and committed to the penitentiary."

Describing the sequence of events during the 1932 riots, Brigadier Ormond reported: "After some speeches had been made, a number of the convicts started out the northeast shop dome door toward the prison of isolation. It appears from the evidence they intended to proceed to the prison of isolation to release convict E." A guard fired at them, however, and they went back. At later examinations of the convicts implicated in the riots further pleas were made for convict E.

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"Affidavit Clears 'Two-Gun' O'Brien of Plotting 1931 Riot," Toronto Globe. October 14, 1933. Page 1 & 2. ---- Former Shop Instructors Avers Alleged "Dangerous Daggers" Were "Bearing Scrapers" - Affidavit Says Report Made in Prison Books ---- ORMOND FINDING STANDS CONFUTED --- (Special Despatch to The Globe.) KINGSTON, Oct. 13. - "Two Gun" John Price O'Brien, who has been two years in Kingston Penitentiary solitary confinement for alleged participation in the 1931 escape plot, was never in the blacksmith shop where the plan allegedly was concocted, and the "dangerous daggers" of pointed instruments were really "bearing scrapers," and entered a such in the prison books, according to affidavit just taken by H. N. Torrents, former blacksmith shop instructor.

These sensational revelations in connection with a Kingston Penitentiar case which is now being taken up Ottawa by the United States Government - O'Brien is an American citizen - have just come to light wit the release to the public of Mr. Torrents's affidavit, dated Oct. 12. Torrents was in the blacksmith shop during the period when prison official said they had discovered the plot an the "dangerous daggers."

Ormond Report. In his 1932 report. D. M. Ormond Superintendent of Penitentiaries, reports to the Minister of Justice with respect to "The Conspiracy of Aug. 8 1931," as follows:

"On or about this date a convict by the name of L created a disturbance in his cell in a more or less usual and violent manner, with the result that he was taken to the punishment cells. After being confined there for an hour, he sent word that he wished to see the Chief Keeper, W N. Archibald, to whom he stated that certain convicts in the blacksmith shop were plotting to escape, and that he, himself, was supposed to be one of the gang, but had lost his nerve, as was evident at least one of the plotters was ready to take the life of any person who interfered with the carrying out of the scheme after it had once commenced. This convict enabled Chief Keeper Archibald to proceed to the blacksmith's shop on Aug 5 and procure five tools which had been surreptitiously made by convicts A, B, C, D and E (O'Brien), all five of whom are presently in Kingston Penitentiary, and four of them deeply involved in the recent revolt. The plan disclosed was as follows: The convicts were to have the instruction send for a truck for the purpose of returning empty acetylene tanks. When the truck arrived they were going to overpower the guard in charge of the shop dome, and simultaneously or subsequently overpower the truck driver.

To Ride to Gate. "Convict A was to drive the truck. The other convicts were to ride to the gate, using the two officers as shields. and thus prevent the tower guards from shooting at them. They were supposed to crash the inner gate, overpower the three officers--one of the convict's was to have a cold chisel and sledge hammer. These were to be used to break the lock on the safe in the armory, which is in the north gate, and. having procured arms. they were to shoot their way out of the penitentiary. The plot also was sup- posed to include a scheme for these convicts to return to the penitentiary after having been provided with machine guns, and release some of their convict comrades. The latter part of the program would appear to have been an afterthought, and was probably concocted for the purpose of ensuring the co-operation of other convicts who had been allowed into the secret. As a result of these disclosures, which had the elements of reality, the plot was frustrated. Involved in the plot was a convict by the name of E (O'Brien), who had been given an exceedingly bad reputation by the police authorities, and he, along with the others, was placed in the punishment cells in the Prison of Isolation. Convicts B, C, A and D were released from the punishment cells and returned to the main cell block after approximately five months, but Convict E (O'Brien) had been kept in a punishment cell since that time, and is still incarcerated in that place. He does not appear to have been tried, and his case will eventually be the subject of a special investigation."

The affidavit, which was sworn to on Oct. 12, follows: "In the matter of John Price O'Brien and Messrs. Kirkland, McRae, Mackenzie and Garceau,

"I, Henry Neil Torrents, of the City

of Kingston, in the County of Frontenac, machinist, make oath and say:

"1. That in the month of June, 1931, I observed an inmate in the corner of the blacksmith shop, at the Kingston Penitentiary, doing work other than that allotted to him, and reported what I had seen to Officer Edwin Dunford. We decided to give the man a better chance to mould 'or shape what he was doing, with a view, of finding out his thoughts from the point of view of contraband work.

"2. That, subsequently, this particular corner of the blacksmith shop was searched, in which was found a cigaret lighter. Officer Dunford and I were called before the Warden, at which time Officer Dunford admitted that the said cigaret lighter belonged to him, and which was manufactured outside of the Kingston Penitentiary.

"3. That Officer Dunford was fined $35. He told his case to Superintendent W. S. Hughes, who told him that, if he had had the matter in hand, he would have been fined $50. Warden Ponsford charged me with supplying tobacco to the inmates. Chief Storekeeper Robinson was called and the tobacco found was compared with the Issue, and, it being similar, the charge was dropped. As I was in charge of the blacksmith shop, I, too, was fined $25.

"4. That on or about July, 1931, some angle iron was received at the Kingston Penitentiary to be cut into definite required lengths for the Prince Albert Penitentiary. The cutting machine was one-sixteenth of an inch out. I discussed the matter with the then chief trade instructor, F. H. C. McDonald, who authorized the machines to be torn down and repaired. This was done. For years we had on stock in the blacksmith shop a number of instruments in length about eight or ten inches long, used for scraping babbit, bronze, brass and copper bearings. These bearing scrapers were very sharp and pointed.

Bearing Scrapers. "5. That on or about the First of August, 1931, Inmate Albert Garceau broke one of his bearing scrapers in the middle. The said scraper was welded together and repaired by Officer Dunford. All of the said scrapers were kept in the tool crib when not in use and shown in the books of the blacksmith shop as being in stock.

"6. That the next morning, the Warden came into the blacksanith shop, followed a few minutes later by Chief Keeper Archibald, who took the blacksmith shop gang back to their cells. A thorough search was then made of the blacksmith shop by eight officers. Nothing of any contraband nature was found. That night the prison was closed at 5 o'clock instead of 6, and the Warden called the officers to a meeting in the Keeper's Hall at which time the Warden made the statement that officers in the black- smith shop were allowing the inmates to make dangerous daggers of a murderous kind, and made much of his find. The fact of the matter is that the dangerous daggers were the bearing scrapers scrapers that had been on stock as herein referred to, in the blacksmith shop.

Not Daggers. "7. That I again appeared before the Warden and was asked why I did not produce the bearing scrapers from the blacksmith shop which Chief Clerk Caughey had gone down to get. I told the Warden then that what he thought were daggers were the bearing scrapers, and that was the reason Officer Caughey could not get them from the blacksmith shop.

"8. That if the stock book from the blacksmith shop has not been destroyed or altered, there will be found in the 1931 stock book a record of the bearing scrapers herein referred to by me and termed as dangerous daggers by Warden Ponsford.

"9. That in the early part of August what we term at the Kingston Penitentiary as the Warden's "please explain" memorandum was handed to me and Officer Dunford, requesting in detail an explanation about the daggers found in the blacksmith shop.

"10. That Officer Dunford I each answered the said memorandum, explaining to Warden Ponsford that what he called 'daggers' were the bearing scrapers en stock in the blacksmith shop.

"11. That after the bearing scrapers had reached the hands of Warden Ponsford I told W. S. Hughes, Superintendent of Penitentiaries, who came up to investigate this question, just where each bearing scraper had been found and its nature and kind.

"12. That the reason that the bearing scrapers were in the shop about the end of July and the first part of August. 1931, was for the sole and only purpose of scraping the bearings, about eight inches in length, in the machine that was required to cut the angle iron herein referred to.

"13. That John Price O'Brien was never in the blacksmith shop since he was admitted to the Kingston Penitentiary."

H. N. Torrents.

Sworn before me at the City of Kingston, in the County of Frontenac, this 12th day of October, 1933.

Francis King. A Commissioner.

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"Report on O'Brien Given U.S. Legation," Kingston Whig-Standard. October 25, 1933. Page 2. --- Contents Secret Pending Receipt and Consideration at Washington ---- OTTAWA, Oct. 25 - The United States Legation here was yesterday handed a complete report on Convict No. 2119, John ("Two Gun") O'Brien, a United States citizen now serving 20 years in Kingston Penitentiary for robbery with violence. The contents of the report are not being made public pending its receipt and consideration by the United States Government.

The report was passed to the United States Legation by the Department of External Affairs, in compliance with an 'informal" request for particulars of O'Brien's incarceration. In connection with the incident and the publicity attached to the request for the report, the department issued the following statement:

"Statements have recently appeared in many Canadian newspapers to the effect that the United States Government has been protesting against the treatment of Convict No. 2119, John O'Brien (alias John "Two-Gun' O'Brien; Elmer Giller; Elmer Geller). This convict has been confined in Kingston Penitentiary for two and one-half years, under a sentence of 20 years' penal servitude, for robbery with violence.

"O'Brien is a native of Detroit, Michigan, and consequently the United States authorities are interested in his present position. However, no formal representations of protests have been made by the United States Government with respect to this case. In- formal inquiries have been made and the United States Legation at Ottawa is being furnished with a complete statement of the facts relating to the inquiry.

"Pending the receipt and consideration by the United States Government of this statement, it would not be in accordance with diplomatic practice for the Canadian Government to make any comment, either upon the subject matter of the inquiry or upon the O'Brien case generally."

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"Ormond 'Report' Held Up To Light Effort To Deceive Public Expose," Toronto Globe. September 2, 1933. Page 1 & 2. --- W. M. Nickle Tears Off Mask; Tells How Ormond Sat Silent As Inmates Cited Cruelties ---- Son of Former Attorney- General Directs Attention to Misleading Statements of Penitentiary Superintendent and Discloses Facts as He Learned Them at Riot Trials and on Visits to Prison - One Convict in "Close Confinement," Without Trial, for Over Two Years ---- URGES OPEN PROBE (Special to The Globe by Staff Writer.) KINGSTON, Sept. 1. - "Mr. Daniel Ormond, Super-intendent of Penitentiaries, was subpoenaed as a witness for the defense in the Kirkland trial for the sole purpose of making him available as a witness for the Crown, so that he could not say afterward that evidence of cruelties and brutalities and other grievances had been given in his absence, or claim that, had he been in the court, he could have refuted this or that particular evidence. It is interesting to note that Mr. Ormond did not go into the box and refute one single statement made on oath by any inmate during the Kirk- land trial.

"Why?

"Mr. Ormond sat in court and heard the full text of Judge Deroche's judgment in the Kirkland case, in which his Honor stated he was convinced that there was some merit in the demands of Kirk- land and others as to inhuman treatment-not years ago, but at the time of the disturbances - adding, from the Bench, the assurance that a number of rules, under which such treatment as was complained of became possible, had, since the riot, been ameliorated by certain amendments."

A Soldier Speaks. So spoke W. M. Nickle. K.C., who, with his father, Hon. W. F. Nickle. K.C., former Attorney-General of Ontario, defended the inmate Kirk- land at his trial-when interviewed by The Globe and asked for his view, as one closely associated with what occurred, as to the intrinsic honesty and truth of the statement recently issued by Superintendent Ormond from Ottawa, alleging that there had been no inhuman treatment of prisoners since his appointment, and that eighteen changes in regulations, improving conditions for them, had been instituted "between Aug. 1, 1932," and the date of his report.

Mr. Nickle speaks with incisive directness. Evidently he has no use for the evasive and the deceptive. It may be that his experience in wartime overseas service helps him in getting to the root of things. For Mr. Nickle was a real soldier, and, unlike Superintendent Ormond, he holds the men who fought in the ranks in respect, admiration and affection. He was their comrade and colleague, for Private W. M. Nickle went overseas in April, 1915, in the ranks of the Princess Patricia's Canadian Light Infantry, won his commission with the 21st Battalion from Kingston on the field and later had the distinction of being the youngster Major in the Canadian Corps. He was wounded three times and won the Military Cross from Britain and the Medal of Honor from France-altogether the sort of man with whom public service is regarded as an obligation and a responsibility. It was characteristic of him -and of his father - that, believing ugly wrongs to have been suffered in the penitentiary, they gave their legal services without remuneration to the prisoners they defended at the recent court trials for rioting.

"Distinctly Misleading" Statement. "It would appear, then," The Globe suggested, "that the Ormond statement is not a straightforward, four- square one, such as might be expected from official sources?"

"According to press reports of it," replied Mr. Nickle, "it is distinctly misleading. The headline in The Globe of Aug. 28 to the effect that Superintendent of Penitentiaries Daniel Ormond alleged that the evidence of convicts concerning cruelties, sworn at recent trials, was untrue is, as I have said, distinctly misleading, In that his Honor Judge George E. Deroche, in the convict trial of Murray Kirkland, which lasted for nine days, when much evidence was given as to the brutalities and cruelties prac- ticed on the inmates between Jan. 1. and Oct. 17, 1932, found as a fact that the inmates had for months and possibly years-been asking for the removal of certain grievances, with little or no response. They then decided, on Oct. 17, at 3 p.m., that they would walk out of the shops and make a peaceful demonstration.

Pronouncement From the Bench. "I use the word 'peaceful," Mr. Nickle continued, "in the sense that there was no intention on the part of the men to do violence to either person or property, and no intention to escape. Such was the finding of the Judge. The words of his judgment are:

"This peaceful demonstration which developed into a riot was for the purpose of emphasizing the demands of the men for redress of certain grievances which long and repeatedly had been denied them. Many of the grievances for which this demonstration was staged have already been granted to the men, proving conclusively to my mind that these demands have been reasonable."

"Dealing with the charge of inhuman treatment in the penitentiary," Mr. Nickle proceeded, when question- ed further by The Globe, "his Honor found that, as he put it in his judgment, he was satisfied from evidence produced that the men had some reason to believe that there was in- human treatment, but, he added. there had been certain amelioration in rules since the riots, certain amendments in regulations since the riots."

"Forced upon the system since the riots?" asked The Globe.

"The Judge stated that the reforms had taken place since the riots."

"And was Ormond aware of this before he issued his statement?"

"As I said," reiterated Mr. Nickle, "Mr. Ormond was subpoenaed by the defense in order that he should be present and could not afterward allege that evidence of brutalities and cruelties had been given in his absence. Mr. Ormond did not attempt to refute the testimony given, and he sat in court and heard the full finding of the Judge."

Questioned concerning inaccuracies in the Ormond statement, published as an official document. Mr. Nickle related an amazing story. "Мг. Огmond," he stated, "alleges that wide circulation has been given to the statement that one convict had been kept in solitary confinement for two years, adding that the rumor was without foundation.

The Facts for Mr. Ormond. "Mr. Ormond, unfortunately, has been wrongly advised in reference to this particular case," Mr. Nickle proceeded. "The case is that of John Price O'Brien. Now, what are the facts?

"In August, 1931, inmate J. Maurice (No. 1744) wrote a letter to Warden Ponsford stating that O'Brien, with several other inmates whom he did not mention by name, was conspiring to escape. As a result of this communication, O'Brien was promptly put in the 'hole' in the Prison of Isolation, where he has remained from that day to this, except when he attended the trial of Murray Kirkland as a witness for the defense.

"When I saw O'Brien in his cell at the Prison of Isolation, I found on one side of him a raving drug addict from Windsor, and, on the other side of him, an inmate by the name of Slugess, who was prattling and pacing up and down his cell like a caged lion. Each of these inmates was separated from O'Brien by some five or six cells. Outside of O'Brien's cell gate was an extra safety steel gate, resembling a baseball catcher's face mask.

"O'Brien," continued Mr. Nickle, "is kept in his cell for twenty-three and a half hours out of the twenty-four. The drug addict takes no exercise and one cannot imagine a mental case being much company for an active-minded, healthy Inmate like O'Brien.

"With a view to showing the court the way O'Brien had been treated. I subpoenaed Slugess as a witness for the defense. Three or four days before the trial was resumed, on the recommendation of Dr. Cumberland of Rockwood Hospital, Slugess was taken to Penetang, an institution for the criminally insane.

"O'Brien had been offered a knitting machine by Mr. Ormond. This he refused. O'Brien had a skipping rope, and the guards took it from him because another inmate had hanged himself in his cell. Skipping was O'Brien's form of exercise since he was confined to his cell, which faces the west windows of the Prison of Isolation, these windows being painted a heavy, dull white. He gets little or no sunshine.

"Mr. Ormond, in his report on the disturbances at the Kingston Penitentiary in October, on page seven, states that O'Brien had never been tried and his case would eventually be the subject of a special investigation.

"A Killer," Says Newcomer. "What was the 'Investigation'?" asked Mr. Nickle, and proceeded to tell the interviewer. 'On Jan, 18 Mr. Ormond wrote to Mr. Megloughlin, the Warden, asking for a full report on O'Brien, Mr. Megloughlin, experienced to a degree in prison matters in that he only took over his duties about Oct. 24, made a prompt reply to the Superintendent's letter on Jan. 20, stating that O'Brien was a 'killer.' It seems far-fetched to imagine how Mr. Megloughlin could make such a serious statement about O'Brien in such a short space of time. My experience has been that an investigation meant a thorough inquiry.

"In any event, Mr. Megloughlin's letter must have had tremendous weight with the department, for the reason that, on Jan. 30, O'Brien received memorandum from Warden Megloughlin notifying him that Ottawa had approved his 'continued detention in close confinement."

Mr.. Nickle produced the original memorandum, a photographic copy of which appears on the front page of this issue of The Globe.

"A friend of mine on the staff at the penitentiary," he continued, "in- formed me in the last day or two that O'Brien is still spending twenty-three and a half hours out of every twenty-four in his little cell in the Prison of Isolation.

"Moreover, it is interesting to note that the inmate Maurice, on whose letter O'Brien was put in the 'hole' in the Prison of Isolation over two years ago, was moved to St. Vincent de Paul Penitentiary by Guard Thomas Clark on Tuesday, Aug. 8, last.

Worse Than Solitary Confinement. "O'Brien has been in worse than solitary confinement," declared Mr. Nickle, indignantly. "He has been locked up alone and has had to listen to the ravings and prattlings of demented men. Perhaps the public will be able to judge better than Mr. Ormond whether or not O'Brien is in solitary confinement.

"Is the institution, which had only 88 guards at the time of the disturbance in October, and which now has 140-odd guards, so inefficiently manned that O'Brien cannot be given the ordinary work of an ordinary inmate? At the present time, after the lapse of over two years, I am advised that O'Brien has yet to be tried as a result of the charges level- led against him in the Maurice letter."

A Broken Agreement. Discussing the disturbances of October last and the damage done, Mr. Nickle said: "I have often wondered why Crown Counsel Keiller MacKay prosecuted the inmates only for what took place on the seventeenth, at which time $450 in damage was done to the doors of the shops, when, as a matter of fact, on Oct. 20, $3,600 in damage was done by inmates breaking up their cells after Mr. Ormond had locked the men up and broken the agreement arrived at with Acting Warden Smith that the men would go back to their shops on the eighteenth and carry on as if nothing had happened. This the men did. One would have thought the men who broke up their cells would have been charged under the Criminal Code with damaging Government property. Whose instructions prohibited prosecutions of this nature and kind? Judge Deroche found that the men on the seventeenth had grievances; that there was inhuman treatment, and that since the disturbances changes have come into effect for the better. If one man were guilty for what happened on Oct. 17 three hundred and fifty were guilty. In- mate after inmate in the convict trials went into the box and stated he did thus and so, which made him just as guilty as the accused in the dock charged with rioting. The men, on the seventeenth, could have injured $118,000 worth of machinery, and not as much as a wire was bent or a screw broken. It has always seemed to me ridiculous to punish twenty-eight men because they acted. reasonably, when they had grievances which, an extent, were rectified by Mr. Ormond after the disturbances.

The "Hole." "The 'hole' under the Keeper's Hall is not fully described by Mr. Ormond," continued Mr. Nickle. "There is no ventilation through the cells when the wooden doors are closed. There is a pipe that goes from the top of the cell into the Keeper's Hall, into which is fitted a wooden plug. An inmate in the 'hole' is not sup- posed to speak, and all a guard has to do to find out if any Inmate is breaking the rule is to pull out the wooden plug and put his ear to the pipe.

"The 'hole' is the most foul-stinking place I was ever in. In each cell is an old latrine bucket. I have seen inmates in the 'hole,' and the foul atmosphere from the buckets in question is sickening and disgusting. There is no running water in the cells in the 'hole,' and the body smell in the Penitentiary is bad enough, but is many times worse in the 'hole.' where men are kept day and night, according to the term of the sentence imposed by the Warden. The worst condition existing in the Kingston Penitentiary is in reference to the venereal patients. Samuel Stein, at the Kirk and trial, swore that he was suffering with syphilis. His file and records were produced by Crown Counsel, and they showed that such was the case. Stein testified that there were pussy sores on his body and in his mouth. He was admitted to the hospital of the Kingston Penitentiary. There are no toilet arrangements except the latrine bucket in the cells of the patients, and no running water. The dishes of the patients in the hospital were washed in the bathtub three times a day, which bathtub Stein (and other patients) used when allowed by the prison doctor to take a bath and cleanse his body from dry and infectious pus. His underclothes and towel were washed with the laundry of the other inmates. He asked for a colored drinking cup so as to keep it separate from the ordinary steel mug. His request was refused.

"Such conditions," Mr. Nickle add ed, "exist today." Ormond's Statements Challenged. "Inspector H. C. Fatt, in giving evidence in the Kirkland trial, was asked this question: 'I suppose you will agree that it was an inhuman treatment? A.-Mr. Fatt: I agree to nothing of the kind. It is amusing to read the Ormond statement that eight incorrigible convicts were shackled to the bars. The fact of the matter is that men were shackled to the bars according to the whim and humor of the Warden. If any impartial citizens were to inquire carefully into the record and character of those who were shackled to the bars, they would, without doubt, come to this conclusion. The statement by Mr. Ormond on this matter Is inconsistent with the facts. Mr. Ormond, in his statement, gives a number of changes authorized since Aug. 1, 1932. What are the facts? Take a sample case. When Mr. Ormond took office he received a letter from Acting Warden Smith of the Kingston Penitentiary, recommending cigaret papers and more recreation for the inmates, On Sept. 7 Inmate Albert Garceau (No. 1965) had an Interview with the Superintendent at the North Gate and urged upon him the importance of changing some of the rules and regulations at the Institution and working out proper employment for the men. Mr. Ormond did nothing, and it was not until after Oct. 17 that any change was made in reference to any rule or regulation. It seems to me there is far too much research and too little action."

What Is Needed. Asked for constructive suggestions as to necessary reforms, Mr. Nickle spoke with emphasis. "What is needed first at the Kingston Penitentiary is proper segregation of the lads from 15 to 18 years of age from the older and hardened individuals. There are only three shops at the Kingston Penitentiary which are any good at all-the machine, engineer's and carpentry. The others are useless and simply serve as a purpose for the assembling of the inmates until their time is up. The first three shops mentioned can look after, only from 125 to 150 inmates. There are over 900 men in the institution. In other words, 750 men are wasting away. To make the Kingston Penitentiary efficient there should be responsible and fair officials, who possess tact, firmness and dignity. What is needed today at the Kingston Penitentiary is a Royal Commission comprised of fair, courageous, broad-minded citizens to fully investigate the present system, methods and administration so that when the inmate leaves the Institution he will be better instead of worse; so that he will have some qualifications for a particular trade or calling rather than be turned out, and he is at the present time, as many= years backward as has been the length of his term."

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""Two Gun" O'Brien Freed From "Prison of Isolation"," Toronto Globe. September 22, 1933. Page 1. ---- Finally "Tried" i Then Liberated By Authorities ---- "Pill Boxes" Containing Armed Guards Overlook Workrooms ---- DIVERSIFIED REFORM ---- Spectators See Convict Calmly Fishing From New Wharf ---- (Special Despatch to The Globe) KINGSTON, Sept. 21.- While as yet no official statement has been made in respect of the matter, there is a persistent report, founded on what seems to be substantial basis, that "Two-Gun" John O'Brien has at last been released from the Prison of Isolation in Kingston Penitentiary. Special Investigation. This is the inmate - an American citizen - who was put in the Prison of Isolation (tantamount to solitary confinement) two years ago, and concerning whom Superintendent wrote a few months ago: "He does not appear to have been tried, but his case will eventually be the subject of a special investigation." And now after two years, if all reports are correct, he has at last been "tried." and

Here, then, is conclusive proof that The Globe's campaign for reform is bearing fruit O'Brien development, to hear that a new "reform" has been introduced in the penitentiary, namely, the erection of "sentry boxes" or "pill boxes" overlooking several of the workrooms in the penitentiary. Inside of each of these sentry boxes stands a guard, with loaded rifle, now stands -a thing never before seen in Kingston Penitentiary, or, is is said, in any other Canadian penitentiary, and clear evidence of the 'militaristic' attitude that now prevails.

No Boasting. Needless to say, this latest "reform" is not being advertised or "proudly boasted of by the authorities.

In this connection it is interesting to note that several people who have lately passed along the waterfront where the new penitentiary wharf is being built reported that a day or ago they saw a convict calmly fishing off the older part of the dock with an improvised fish pole. Another "reform"!

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"GENERAL ORMOND "OBJECTS."" Toronto Globe. October 11, 1933. Page 4. --- Why the Canadian Superintendent of Penitentiaries is attending the American Prison Congress at Atlantic City is not clear. Evidently this Congress is a forum for discussion of prison and reformatory methods, where delegates endeavor to impart and receive helpful ideas. The scope of the speeches is not limited by stone walls and iron gates, and the speakers are not intimidated by sentry outlooks. This manifestly is no place for an official who thinks his word is law το all those around him and who understands only the rule of might and fear. That Brig-Gen. Ormond carried his notion of "system" to Atlantic City is indicated by his reaction to the first reference made to Canadian penitentiary administration. "I object to that statement" apparently was his idea of a suitable reply. He could have said the statement was untrue, if he wished; might even have called the speaker a liar. This would not have been the fact, but it would have put the subject first instead of the General. With him the all-important thing seemed to be that he objected, and when the Canadian Superintendent of Penitentiaries objects that ends it.

The Congress had been listening to a paper by Superintendent Gill of the State Prison Colony of Norfolk, Mass., explaining that certain citizens are permitted to take the part of "big brother" to a prisoner at times and are given considerable latitude. Evidently something is being done to show the Inmates of that institution the error of their ways and lead them to a new outlook. This is so contrary to methods in Canada that General Ormond might have interposed an "I object" in behalf of the Dominion. However, the objection came when Executive Secretary Kidman of the Prisoners' Aid and Welfare Association of Montreal observed that this "big brother" plan was being tried successfully in England as well as Massachusetts, in contrast with Canada, where penitentiaries had been closed down tight since the riots. Mr. Kidman affirmed that visits by his association had been suspended since the end of April, notwithstanding the Superintendent's objection.

The incident serves to bring out the fact that there are organizations in Canada seeking to do something for prison inmates if officialdom did not "object." Besides the Montreal association is the Canadian Prisoners' Welfare Association, whose annual re-port for 1932 pointed out that "the Canadian Prisoners' Welfare Association is an organization with a Dominion charter, advocating penal reform, amelioration of conditions in certain respects in the system and administration of justice, and the establishment in all large centres where there are prisons, Dominion or Provincial, of a local society to look after individual welfare work in the criminal courts, in the prisons, and on behalf of those discharged therefrom." Shortly after the riots of last year, this association, in conjunction with the Montreal body, drew up a petition on penitentiary administration and presented it personally to the Minister of Justice. Among the amelioration and reforms suggested were: Visiting advisory committees, facilities for visits by accredited social workers, some sort of progressive regime for prisoners serving long terms, and separate institutions for young men between 16 and 25 years. Following this the Canadian Association and the Social Service Council of Canada drew up manifestoes and sent them to members of Parliament. Little more than perfunctory replies resulted. When the superficial "reforms" were instituted these associations were not consulted. "The com- mittee is convinced," says the report, "that the time is ripe and the urgency evident for the reference of this whole issue of crime and its prevention to a Royal Commission."

Mr. Kidman is Honorary Secretary of the Canadian Association and Executive Secretary of the Montreal organization. Right Rev. J. C. Farthing and Rev. Dr. Herman Abramowitz are Honorary Patrons of the former and Bishop Farthing is Honorary President of the latter. There is no corresponding organization in Ontario to concern itself with Kingston Penitentiary, the nearest approach to it being the Citizens' Service Association, of which Brig. Gen. Draper is President and which aims at assisting prisoners on their release. The outstanding point is that these organizations have not the sympathy of officialdom, that the "I object" principle stands when attempts are made to improve the condition of prisoners. So officialdom objected to continuance of visits by the Montreal organization and the Superintendent objected when the accredited representative at the American Congress disclosed the bald truth. It remains to be seen whether the "I object" will hold good in the face of the attempt of the United States Government to learn why "Two Gun" John O'Brien was thrown into solitary confinement and kept there for two years, although his court sentence did not call for this treatment.

And there remains to be given an explanation why a penitentiary Superintendent who knows no law but his own should spend time at the public expense-attending a convention where prison reform and humanitarianism seem to be receiving consideration.

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"GUTHRIE'S AIDES NOW STUDY CASE OF JOHN O'BRIEN," Toronto Globe. October 14, 1933. Page 1 & 2. --- U.S. Minister's Request for Information Referred to Justice Department ---- MINISTER READS REPORT ---- Prisoner Identified With "Convict E" of Ormond Inquiry --- (Canadian Press Despatch.) Ottawa, Oct. 13. - The case of John ("Two-Gun") O'Brien, Kingston Penitentiary convict, is again before the Department of Justice. This time it comes to the attention of the department through the medium of the United States Legation. Hon. W. D. Robbins, United States Minister, has asked for the "facts" about the treatment given O'Brien at the penitentiary.

His request has been made to the Department of External Affairs. That department has passed it on to the Justice Department, presided over by Hon. Hugh Guthrie.

Mr. Guthrie, who returned to town this afternoon, was asked if he had any statement to make. He replied merely that he had not read reports on the case.

From the External Affairs Department came the brief statement that the United States Legation had been informed that its request for the facts would be dealt with at an early date. General D. M. Ormond, Superintendent of Penitentiaries, is out of the city.

It is now stated that O'Brien (his real name is said to be George Giller) is "Convict E" mentioned in the report of General Ormond after investigation into the riots at Kingston about a year ago. O'Brien, it is said, has been kept in solitary confinement for many months because of his reiterated threats to kill a guard and another prisoner whom he blames for having brought the punishment upon him.

He was reported to be one of the ringleaders in the conspiracy of Aug. 5, 1931, when the convicts are said to have planned breaking their way into the penitentiary armory, seizing weapons and shooting their way to freedom.

Riots lots which occurred in the penitentiary in October of last year were regarded as having sprung, to some degree, from sympathy for O'Brien among the other convicts.

He was first sentenced some years ago to the Detroit House of Correction for robbery while armed, and was later paroled. While still under parole he was rearrested and returned to prison. Later he escaped and came to Canada, where he was arrested in Toronto for robbery while armed, and was sentenced to serve twenty years in the Kingston Penitentiary.

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"ANOTHER FORCED CONCESSION." Toronto Globe. September 14, 1933. Page 4. ---- Each "explanation" issued by the Kingston Penitentiary authorities in a desperate attempt to weaken direct charges of cruelty and indifference toward the inmates is immediately challenged and exposed as an effort to deceive the public. In the case of John Price O'Brien, who had sought, without success, to communicate with the United States Consul at Kingston, an official "handout" to the Kingston Whig-Standard relates with quite a flourish that on June 9 of this year the Consul had been permitted to visit and interview O'Brien.

Unfortunately for "Officialdom," it had not reckoned with Mr. W. M. Nickle, K.C., who again punctures the sincerity of this plausible-appearing explanation. The original re- ply to O'Brien's request, as photographically reproduced in The Globe of Sept. 11, read: "Further to your request for an Interview with the American Consul, Kingston, Ontario, this matter having been submitted to headquarters, I am advised that the interview is not approved."

But for the activity of Mr. Nickle, that ended the matter. In an interview appearing in The Globe yesterday Mr. Nickle says: "I made up my mind at that time that if it was at all possible O'Brien would see the representative of his own country. And because of this intervention on behalf of a grossly punished convict, and fearing the consequent publicity, the Consul was granted permission to interview O'Brien in the penitentiary.

Of course he was. Officialdom became alarmed again. As Mr. Nickle puts it: "It seems that every time there is any change, concession or right granted to an inmate, it is the result of a disturbance, riot, or pressure brought to bear on those in authority."

With a sweep of the hand Superintendent Ormond and Warden Megloughlin may declare that certain reforms have been put into effect. But the public is not deceived. The public knows that these concessions came only, as Mr. Nickle says, "as the result of disturbance, riot, or pressure brought to bear on those in authority." The explanations are pitiful in their weakness, but vicious in their obvious attempt to deceive. In their purpose of screening conditions in the penitentiary these specious statements are on a par with what Mr. W. R. Givens has described as "prepared" visits to the Big House, when all is made ready for the inspection of those who are "privileged" to see everything but the seamy side of what is going on behind these prison walls.

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"Half Truths in Globe Articles Challenged," Kingston Whig-Standard. September 11, 1933. Page 3. ---- O'Brien Has Seen American Consul Evidence - Was Given as to McCloskey's Mental Condition. --- The Toronto Globe publishes a despatch from Kingston today in which it states that "Two-Gun" O'Brien, the man who has been kept in the Prison of Isolation at Kingston Penitentiary for two years, was refused permission to take up his case with the United States Minister to Canada or with the United States consul at Kingston. O'Brien is an American citizen. The Globe reproduces photographs of officlal documents to substantiate its story.

As far as the Globe despatch goes, it is correct, but it does not tell the whole truth. It is true that O'Brien was refused permission to refer his case to the United States representative in Canada. When, however, the United States consul at Kingston, George Gregg Fuller, asked permission to interview O'Brien at the penitentiary, permission was granted and the interview took place on June 9 of this year. Mr. Fuller has had subsequent interviews with O'Brien and with other United States citizens, who happen to be serving terms in Kingston Penitentiary.

The U.S. representatives in Canada are only interested in O'Brien's case insofar as the treatment accorded him varies from the treatment which might be accorded a Canadian citizen under like circumstances. It is understood that Mr. Fuller's interviews and visits to the prison revealed no discrimination against O'Brien because of his nationality.

A Portsmouth resident has protested to The Whig-Standard regarding a statement made by Dr. Withrow in a signed article in The Globe on Saturday. Dr. Withrow wrote that the children of Portsmouth called the convicts names and shouted at them as they were being marched to and from the stone quarry. This resident, who is far more familiar with Portsmouth and with the work of the quarry gang than Dr. Withrow, says that quite the opposite is the case. The children and adults are quite considerate of the feelings of the convicts, often refraining from looking at the men in the gang so that they will not embarrass them. Some of the convicts, on the other hand, are not quite so considerate, The Whig-Standard informant says. They deliberately attempt to embarrass women who happen to be passing by winking or otherwise attracting attention to themselves.

In the same article, Dr. Withrow tells a half truth with regard to the McCloskey case, in which McCloskey was charged with the murder of a prison guard. Dr. Withrow writes: "The convict was tried. Evidence showed that the guard was one of the kindliest of men. No pronouncement as to the mental unsoundness of the inmate was produced."

Dr. C. B. Farrar, mental specialist of Toronto, examined McCloskey and gave evidence as to his mental condition at McCloskey's second trial. He declared the man sane. Dr. George Humphrey, professor of psychology at Queen's University, also examined McCloskey and gave evidence at the second trial. Mr. Humphrey's evidence was that McCloskey had the mentality of a child but he did not say the man was insane. Other mental experts examined McCloskey and it can only be supposed that they would have been called by the defence, which was very capably handled by the late A. B. Cunningham, K.C., if they could have testified that McCloskey was insane.

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"American Consul Had Interview With O'Brien," Kingston Whig-Standard. June 10, 1933. Page 1 & 9. ---- John Price O'Brien American Citizen--Supporters Claim He Unfairly Treated - Has a Long Criminal Record. ---- George Gregg Fuller, American Consul at Kingston had an interview with John Price O'Brien known as "Two-Gun" O'Brien, "Babe" O'Brien, Pat Norton and by half a dozen more aliases in Kingston Penitentiary on Friday afternoon.

It was claimed by those interested in O'Brien's case that he was being unjustly kept in solitary confinement at the Kingston prison. and as he an American citizen, American Consul was asked to investigate.

When asked this morning about the result of his interview, Mr. Fuller said that he could only state that he had seen O Brien and that O'Brien locked to, be in good health Anything further was quite confidential.

Those who have become interested in O'Brien's case claim that no opportunity has ever been given O'Brien to defend himself on any charge which might carry with it the punishment of solitary confinement. They contend that on April 5. 1931, O'Brien came before the warden of Kingston Penitentiary, J. C. Ponsford, charged with conspiring to escape, that no evidence was produced against him and that from that time up till the present he has been confined in the punishment cells beneath the Prison of isolation. The charge is made that O'Brien was convicted of conspiring to escape on the strength of a letter written by a convict in which O'Brien was named as the instigator of such a plot together with four other convicts, whose names were not given. It is said that the men suspected of being in the plot, Convicts Kirkland. McKenzie, Garceau and McCrea, were imprisoned in the same place but Kirkland, McKenzie and Garceau were released by Inspector Smith February 1932. and returned to their regular work in the prison. while McCrea was allowed to return to work in August, 1932. O'Brien remained In solitary confinement and is still in solitary confinement.

Supporters of O'Brien's case contend that on January 19th, 1933, General D. M. Ormond, superintendent of penitentiaries, wrote to Warden Megloughlin. of Kingston Penitentiary, for a full report on O'Brien's case and they further contend that Warden Megloughlin wrote on January 20, 1933, to the effect that O'Brien was a "killer" and recommending that he be kept in close confinement. This recommendation was approved by Ottawa on January 30 of this year.

It is said that O'Brien gets only a short period of exercise in twenty-four hours, and that it consists of walking around a circular path. Another charge made is that for months a drug addict occupied the cell on one side of O'Brien and an insane convict, who has since been removed to an institution for the insane, occupied the call on the other side. Has Long Record It is known that O'Brien has escaped from two other prisons. both in the United States, and that his criminal record, which includes robbery while armed, extends back over a long term of years. It is possible that he will appear as a witness in the convict trials which begin next week.

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“Summon Troops Again to Halt Prison Rioting,” Ottawa Citizen. October 21, 1932. Page 13. ---- Convicts in Overflow Dormitory at Portsmouth Cause Fresh Trouble as Mates Howl Approval. ---- Mutineers Overpower Guards; Gunfire Heard --- Order Finally Restored But Double Guard on Duty Throughout the Night. ---- KINGSTON, Ont., Oct., 20 - More than 200 maddened convicts, defiant in the face of machine gun and rifle fire, rioted in open mutiny tonight in Portsmouth penitentiary. 

Seven hundred mates howled their approval from the iron-barred, cell block confines of Canada greatest penal institution. 

One prisoner fell wounded before the rifle fire of troops summoned for the second time in four day from Kingston barracks by distressed prison officials. Prison authorities, who reported no further injuries, said the man was not seriously hurt. 

Climax of three days of unrest since Monday's initial outbreak came when 110 prisoners in an "overflow" dormitory overpowered their 40 guards and released another 110 convicts from two tiers of cells in the "big house." 

Bar Prison Approaches At nine o clock tonight all was quiet. Gun fire had ended and the shrieks and yells of convicts were not heard by thousands pressing in on a cordon of troops and police barring every avenue of approach to the prison.

It was believed the 220 rioting convicts by this time had been herded back into their cell and dormitory quarters. 

In drizzling rain lashed by a high wind off Lake Ontario, 150 members of the Royal Canadian Horse Artillery joined with guards in the valiant bid to restore order. Floodlights glared and a searchlight cut through streaks of darkness even after bedlam ceased behind the gray walls. 

Overcoated and steel-helmeted soldiers paced bark and forth along the top of the walls and a double prison guard was on duty throughout the night. The R C H A. guard on the walls and about the penitentiary, officials stated, will be continued as long as necessary. 

The militia, whose withdrawal from the scene of Mondays riot was requested by penitentiary official when prisoners threatened to bum a building where they were barricaded, did not enter the prison proper during today melee. 

Troops were first summoned when the "overflow population'' rioted in their cell-less dormitory a few minutes after four o'clock. The mutineers overpowered their unarmed guards, wrecked all furniture within reach and fought to release prisoners confined in the adjoining cell block. 

Rushed to the scene in five trucks, the RC.H A. detachment in full field equipment arrived as the "overflow" gang were battering at the cell block doors. Soldiers were established immediately on the prison walls and firing broke out.

Urged on by the maniacal howls of their prison mates, the "overflow" mob Ignored the overhead rifle fire and finally succeeded in freeing 110 fellow convicts with keys secured from the helpless guards. 

At this stage, the firing reached the peak of its intensity and the one casualty of the riot occurred. Three truck loads of machine guns were rushed from Kingston barracks. By the time they arrived, the guards appeared to be getting the upper hand and the firing died clown to a few spasmodic bounds. 

Beyond the walls of the prison, where excited crowds huddled in the rainy cold, police and soldiers pressed farther and farther back the circle of spectators. Militia trucks dashed back and forth with food and supplies. 

Shortly after eight o'clock, Rev. W. T. Kingsley. prison chaplain, walked out from the main gate of the penitentiary and hurried up the street. He refused to discuss the rioting. 

"I have absolutely nothing to say." Father Kingsley said, his face lined with anxiety. "I cannot discuss today's events at all." 

Official word went out from the prison at 10 o'clock that complete quiet prevailed.

No Guards Injured. To the Canadian Press, Brig -Gen. D. M. Ormond, Dominion superintendent of penitentiaries, said: 

"Every prisoner was under control at all times during the disturbance today. What rioting there was, was caused by the overflow prisoners in the corridors, and they never got outside those corridor. They did some damage to furniture and fixtures, but at no time did they reach outside of the corridors. Despite rumors to the contrary no guards were injured." 

Brigadier Ormond has been in Kingston since Monday conducting an inquiry into the previous outbreak. 

It is believed in official quarters that, demands made by prisoners for a full investigation of their grievances concerning recreation and the issue of cigaret papers was but subterfuge. 

Only four prisoners appeared today to make complaints after it had been announced ail those who had complaints would be heard. The superintendent was told the prisoners did not intend to go on with their statements. 

Three Grievances. Three grievances are listed by officials as origins of the smouldering resentment among prisoners at Portmouth. These are: 

Refusal of prison officers to issue cigaret papers with the regular tobacco rations. 

Lack of daily newspapers for use of the prisoners.

Dissatisfaction at insufficient hours of recreation in the penitentiary workshops. 

Prisoners released recently, however, have brought forth a long list of complaints which they charge have long caused bitter feelings. These include charges of poor food rations, anger at treatment accorded "preferred class" prisoners in the penitentiary adjunct at Collin's Bay and, according to one prisoner, just out after a year and a half, the non-fulfillment of a rumor among the inmates that on September 15, a one-third reduction in sentences was to have been announced.

Portsmouth penitentiary celebrates its centenary wish the worst riots in its history. The grey tone pile beside Lake Ontario was 100 years old on June 4 of this year. 

It is understood the prison was built to accommodate about 700 prisoners, while at present 906 are known to be within the walls. Many of the "over-flow " are forced to sleep on beds in the cell-block corridors and the rioters today were among the "over-flow." 

There is a women's prison inside the walls of the main penitentiary, but a new women's penitentiary Is now under construction by prisoners of the main prison, and this will provide more accommodation for male prisoners soon. 

GUTHRIE IN CLOSE TOUCH One prisoner only was hit as a result of some filing by the guards at 6 30 last night to overawe the convicts participating in the revolt at Portsmouth penitentiary. The man was only "slightly" injured In the shoulder. Hon. Hugh Guthrie, minister of justice, gave this information tonight following further long distance telephone calls with Kingston. 

Prisoners in two tiers of cells managed to secure liberation before the firing occurred. Added to the dormitory inmates, numbering 110 and comprising the "overflow population" of the penitentiary, the number of prisoners actively involved in the disturbance now totals 220. 

The remaining 700 prisoners are still confined in their cells, the minister said. The Royal Canadian Horse Artillery is upon guard on the walls around the penitentiary but are not in the buildings. This guard will be continued as long as it is necessary, the minister of justice declared. 

The tumult seemed to have quieted down at the moment. Mr. Guthrie said, but Superintendent Ormond was taking every precaution against an outbreak later on. 

The minister is keeping in closest touch with developments by long distance telephone. 

Sequence of Events In Prison Trouble (Canadian Press) Following Is the sequence of events in the renewed outbreak of rioting at Portsmouth penitentiary, Thursday, so far as could be ascertained from official and unofficial reports. 

4:10 p.m. - Muffled explosion and several shots heard within penitentiary. 

4:15 p.m. - Call sent In by prison officials for aid of troops. 

4:25 p.m. - Detachment of Royal Canadian Horse Artillery with full motor-truck.

4:30 p.m. - Spasmodic firing broke out. Ring of soldiers established on prison walls. 

5:45 p.m. - Heavy firing heard.

6:30 p.m. - One prisoner wounded by rifle fire. 6:45 p.m. - Three truckloads of machine guns rushed from Kingston barracks. 

7 p.m. - Intermittent firing continued. 

8 p.m. - Rev. W. T. Kingsley. prison chaplain, left penitentiary. 

9 p.m. - All quiet.

Photo Caption: Portsmouth Penitentiary, Scene of Riots, and Some of Noted Inmates  --- Above is seen a general view of Portsmouth penitentiary, outside Kingston, Ont. the scene of serious uprisings of prisoners. The fact that they were not given cigaret papers with which to smoke their prison tobacco rations was cited by recently-released inmates as one of the chief grievances of the prisoners. This and confinement in 'the hole' or solitary confinement, as punishment, are said by these ‘outsiders' to have led to the first outbreak, which was quelled only after military units were called in from Kingston. Rioting started again Thursday evening but was said to be under control. A number of inmates of the penitentiary, who achieved prominence at the time of their conviction, are shown: (2) "Two-gun" O’Brien, armed robber; (3) Tim Buck, former leading member of the Communist Party of Canada; (4) ‘Red’ Ryan, noted bandit who is serving a life term; (5) Sydney Lass, payroll robber; (6) Wm. Murrell, armed robber.

[AL: Some aspects of this coverage are fairly accurate, including the many grievances of the prisoners and the refusal to participate in the investigation precipitating a second riot, though the overflow dorm was not what broke out of their cells, and the riot started in the Prison of Isolation and moved outward. There was a lot of shooting, and one seriously injured inmate, though dozens of others were injured.]

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“Police Hunt Norton For Payroll Robbery,” Toronto Star. October 1, 1930. Page 4. --- Companion of Murrell Brothers Wanted as Sequel to Toronto Crime ----- WAS IN ORILLIA --- Story Is That He Revealed Identity While Under Influence of Liquor ----- Toronto police headquarters are seeking Ernest George ‘Pat’ Norton, alias ‘Two-gun Jack,’ alias ‘Babe’ O’Brien, much sought bank robber, on whose head there is a $3,000 reward for bank robbery and murder in connection with the hold-up of the Home Bank at Melbourne, Ont., in 1921.

Norton and Sydney ‘Sunny’ Lass, alias Sam Levy, well-known Torontonian, are wanted, according to police circular issued yesterday, for armed robbery of $1,021 from the bookkeeper of the Durable Waterproof Ltd., Adelaide St. W., on September 19 last. Detectives have been combing Ontario and down into Quebec in search of the two.

Norton, it is said, has been in and out of Toronto for the last year and was known by underworld characters under the name of O’Brien. Toronto police did not learn of his identity until a few days after the hold-up on Adelaide St.

Norton, The Star understands, had been working in Orillia, Ont., for nearly a year and a half, and, it is aid, was employed as a mechanic. He had been living, it is said, at the home of John Ainsworth, recently arrested in Toronto on charges of car theft and of breaking into a hardware store in Orillia and stealing shot guns, rifles and ammunition. These, police say, were to be used in a hold-up of a bank in Toronto or Orillia.

Norton, it is said, while under the influence of liquor, revealed his identity in Orillia. When Toronto police learned it, Chief Draper, with several armed squads of detectives, searched the country for Lass and Norton, who are said to be travelling together and to have recently left Toronto on a bus for Montreal.

Under a heading ‘Wanted for payroll robbery,’ Lass and Norton are described as follows;

Lass - ‘Age 30, 5 ft. 8 in., 165 lbs., dark brown hair, brushed pompadour, hazel eyes; wore dark blue suit with white pin stripe, or dark gray suit; good dresser; is Jewish; always appears to have a smile on his face.’

Norton - ‘Age 45, 5 ft. 8 or 9 in., 160 lbs., hazel eyes, rather sandy complexion, fair hair, brushed back, flat nose, protruding jaw, furrow on each side of nose; smart walk, slightly stooped; wore blue suit; is a good dresser. This man is a particularly dangerous character, and is wanted by the Ontario provincial police, for murder committed at Melbourne, Ont., in 1921.’

‘On September 19, 1930, Lass and Norton held up the bookkeeper of a firm in this city, and grabbed part of the payroll, amounting to $1,021.28, most of which was in ten, five, two and one dollar bills of Canadian currency. A nickel-plated revolver was used to intimidate the bookkeeper.

‘I hold warrants for the arrest of Norton and Lass. Charge: Robbery while armed.

‘Kindly make every effort to bring about their arrest.

‘D. C. DRAPER, Chief Constable, Police headquarters, Toronto, Canada September 26, 1930

The heavy guard that escorted Ainsworth to Orillia last week when Inspectors Miller and Stringer of the provincial police with Sergt. of Detectives Williams and Detective-Sergt. Tinsley with Chief Church and Provincial Constable Purvis took him from Toronto to stand trial for shopbreaking, was due to the possibility that Norton might turn up in Orillia and try to rescue Ainsworth. After being committed for trial, Ainsworth was brought back to Toronto over a secret route which involved criss-crossing several roads to cover up the movement of the police cars.

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“Floodlight Placed By O’Brien’s Cell,” Toronto Star. September 3, 1931. Page 39. ---- Special Guards Watch Him - Kingston Paper Insists Mutiny Planned ---- Kingston, Sept. 2 (CP). - The Whig-Standard says:

‘Despite official silences and official denials concerning the story published in the Whig-Standard yesterday, telling how a mutiny and general jail delivery, planned in the Kingston penitentiary, had been nipped in the bud, this newspaper stands absolutely by its published story.

‘A mutiny was planned: the murderous stilettos and daggers which were to be used were in fact made in this machine shop of the penitentiary, were discovered there and are now impounded: and the five ring-leaders, with Two Gun O’Brien as the chief, are now segregated from the other penitentiary inmates.

‘If it had not been for the information given to certain officials by an inmate of the institution, who realized that the plot (all the immediates participants in it being men serving sentences for from 16 to 25 years) meant bloodshed and perhaps murder, the mutinous attempt would have been made within 48 hours of its discovery.

‘Not only that, but since the discovery of this plot a powerful floodlight has been placed in the corridor directly in front of the cell in which O’Brien is now confined, and that guards are placed throughout the night in strategic locations so that they can watch O’Brien’s every moment.’

[if-you-fan-a-fire]

“Mesh Is Closing On Bold Bandit In Orillia Area,” Toronto Star. October 3, 1930. Pages 01 & 02. ---- Police State Belief Capture of Man Believed To Be Pat Norton Is Near ----- POSSESS GOOD CLUE ---- Special to The Star Orillia, Oct. 3. - The police net round ‘Two Gun’ Pat O’Brien, alias Pat Norton, alias ‘Babe’ O’Brien, Detroit gunman, and alleged killer, wanted in connection with the Melbourne Home Bank robbery and killing nine years ago for participation in an armed pay-roll robbery on Adelaide St. W. Toronto, September 29, and in connection with the Central Hardware store robbery, Orillia, recently, is said to be drawing closer and hopes are growing that the notorious criminal will soon fall into the hands of the law. In addition to the state crimes, Norton is said by police to be an escaped convict from a southern state prison, where he was supposed to be serving a 40-year sentence for carrying a weapon.

Fears for the safety of 17-year-old Anna Bryson, said to be the admirer of ‘Pat O’Brien,’ who yesterday suddenly left her employ here, were well-founded, The Star learned to-day.

On Wednesday night two men, one answering closely the description of O’Brien, stopped at a small eating place between Orillia and Barrie. The woman serving them recognized the gunman and informed the provincial police at Barrie. The second man is believed to have been Sydney ‘Sunny’ Lass, gunman, wanted with O’Brien for the Orillia and Toronto robberies. The men headed towards Orillia, and police believe that either the thug had returned to remonstrate with the girl for giving information and photographs to the police, or had come to pick her up and attempt a get-away.

The girl disappeared yesterday when the police sought her, having left her employment at 8.30. Suspecting she may have been in the company of O'Brien, the Bryson house was raided by the officers, but was found deserted. Search of Orillia’s swamp land by an armed squad of police followed, without results. Late in the afternoon, the girl was tracked down by the police in what they believe was an effort to obtain clothes to flee Orilia. They are convinced that she lives in fear of O’Brien.

In his affair with the beautiful young Orillian, the unman is said to have confessed to her not only secrets of his past life, but in his infatuation, allowed himself to be photographed several times with her, giving the police a good, up-too-date likeness to work upon which may eventually bring him to justice.

Police say they are satisfied now as to the district in which he is lurking and their net is closing round him. Should he break through, it is thought he will head this way, having lived in the district for the past 18 months.

When questioned by The Star regarding her daughter, Mr. M. Bryson, who was at the home of F. G. Evans, crown attorney, said she was satisfied as to her safety, but would not disclose Anna’s whereabouts. She said the police knew where the girl had one.

TELL-TALE PHOTO IN BANDIT SUSPECT CHASE ABOVE is reproduced the photograph that has led police on in the chase for Geo. O’Brien, sought upon suspicion of being Pat Norton, wanted for robbery and slaying at Melbourne, nine years ago, and Toronto payroll hold-up and Orillia hardware store break of recent date. The girl is Anna Bryson of Orillia, said to be O’Brien’s sweetheart, and now reported missing from home. It was allegedly under the girl’s fascination that O’Brien allowed himself to be taken in this photograph.

[if-you-fan-a-fire]

“Kingston Prisoner Aided Chief Draper,” Toronto Star. October 9, 1930. Page 04. ---- Is Said to Have Identified Wanted Man ----- According to a dispatch from Kingston, Chief of Police D. C. Draper of Toronto, recently journeyed to Kingston penitentiary for the purpose of establishing the identity of Jack O’Brien, believed to be Pat Norton, notorious robber, wanted on a murder charge.

Armed with a picture of O’Brien, or Norton, Chief Draper is alleged to have been closeted with a prisoner, Murrell, who was sentenced nine years ago for the part he played with Norton in the robbing of a Melbourne bank in which a London man was murdered.

Murrell, it is alleged, identified the photograph as that of Norton who is being sought at present by the Toronto police for holding up and robbing the messenger of the Durable Waterproof Co., on Adelaide St. W., some three weeks.

The police at the time were not certain that the holdup man was the same Norton who has eluded them for nine years. Murrell’s alleged identification of the picture clears up the situation and the Toronto police, satisfied that Norton is now the man they are after, will make determined efforts to locate him.