"SENT UP FOR TRIAL ON CHARGE OF ARSON," Daily British Whig (Kingston, Ontario). September 19, 1913. Page 1.
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Confession of Gabriel Was Read in Court
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DICTOGRAPH WAS USED BY DETECTIVE IN BRITISH AMERICAN HOTEL
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Prisoners Lawyer Objected To the Confession, Which Goes In Under Protest - Further Evidence Be fore Police Magistrate On Friday Morning.
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Frederick Gabriel and Alexandre C. Mains, former members of the Royal Canadian Dragoons, will stand trial before a judge and jury, of arson, in setting fire on a charge to the rilling stables at the Royal Military College, on June 10th.
The preliminary hearing in the case was concluded on Friday morning, at the police court, after which Magistrate Farrell committed the two to trial.
Magistrate Farrell said that the confession of Gabriel, presented the court, was allowable. This confession was objected to by Mr. Rigney, when the document as first presented.
One feature of the evidence showed that the dictograph, one of the very latest inventions for detective work, had been used in Kingston for the first time. Detective George Davy of the Thiel Agenay who made the arrests, stating under under oath that he had used the instrument at the British American hotel in order to secure conservation betwwn the two men accused of setting fire to the stables.
The court room was filled for the hearing of the case. After the evidence was concluded in the charge against Gabriel, counsel for Mains. C. R. Webster, decided to accept the same evidence taken in the other case, and and accordingly the magistrate then committed the two men to stand trial.
Confession Allowed.
When the case was resumed, Magistrate Farrell stated that in regard to the putting in of the confession of Gabriel, by Mr. King, as evidence, he had decided that this evidence would be allowable. Mr. Rigney, at Thursday's hearing, objected very strongly to the document being presented as evidence.
The document, alleged to be a confession from Gabriel, was then read by Mr. King, and which filled two long pages. It referred to a conversation Mains and Gabriel had on June 9th, the day before the fire. The two were on their way to the stables, and while on the way they passed Sergt. Pritchand, who was in charge of the stables. As Pritchard passed, Gabriel complained about Pritchard, for having put him at confinement in barracks, on one occasion. stating that he would like to get even with him for it. Mains suggested that in order to "get even" that they set the stables on fire. Mains then said that he would start a fire in the stables, and then go into harness-room and pretend to be asleep
Mains also said he would put a lighted cigar in stall No. 17. and also place more extra dry grass in this stall that it would be quick to catch. Mains had further stated, that if this stall did not catch fire, he would set fire to some hay, near one of the windows, and throw the match out of the windows. Gabriel wrote about being awakened as a result of the fire, and told about seeing Mains with a lighted cigar in his mouth. Mains, he alleged, had carried out the plan as arranged, and after setting the stables on fire, had gone into the harness room, to feign sleep.
Used a Dictograph.
George Davy, the Thiel detective, who arrested Gabriel and Mains, and who worked on the case, was recalled by Mr. King, when he gave evidence concerning the use of the dictograph in a couple of rooms at the British-American hotel, in order to secure a conversation between the two men accused. The two men, he said, were placed in room No. 43, while he remained in the room next to this, No. 51. A dictograph was placed in operation between the two rooms. Witness operated the dictograph. The two men did not know the dictograph was being used. Witness listened and took down what was said between the two men. All the conversation was about the fire, and had reference to the signed confession Gabriel had made to Detective Davy. The document with the conversation was read by Mr. King and submitted to the court.
Questioned by Mr. Rigney, witness stated that Corporal Reid was with him at the hotel when the dictograph was used. Gabriel was charged with desertion, and Mains was being held on the strength of Gabriel's statement. The prisoners were taken to the British-American hotel at the request of the witness and Corporal Reid. The latter was in the receiving room with witness, when the dictograph was used. Witness operated the dictagraph.
"Have you the original notes?"
"No, they were destroyed."
Witness said the notes were taken longhand. He did not understand stenography. He referred to his notes as "scratch" notes.
What Prisoners Said.
The statements of the two men were sent to the head office of the Thiel agency in Montreal, and a copy of it was struck off in Mr. King's office. The was an exact copy of what had been sent into the head office. After sending in his report to the head office, he destroyed his original notes. He could not say just when they were destroyed.
"How fast can you write?" asked Mr. Rigney, who at the same time, read some of the reported conversation between Gabriel and Mains, in the room at the British-American hotel, and asked the witness to write it down, giving him pencil and paper. Mr. Rigney read the passages about at the average rate of speaking for a conversation, but the witness was not able to get down all that Mr. Rigney said.
"You read that pretty fast," sald the detective.
"Just about the way a person would talk in conversation," replied Mr. Rigney. Mr. Rigney gave the detective a couple of tests in taking down parts of the alleged conversation, but on both occasions, the witness was only able to get down a portion of what was read to him.
"You may have missed some of the conversation of the two men at the hotel," asked Mr. King.
"Yes," said the witness, who add-ed that the two men did considerable whispering while in the room.
"But you are sure he said of what you did take down?"
"Yes," replied the witness.
Witness stated further that taking down the conversation of the two men, he abbreviated a great many of the words.
This concluded the evidence of Detective Davy, and Mr. King then asked that Gabriel be committed to stand trial.
"I am not depending so much on the dictograph as I am on the confession," added Mr. King.
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