1914-12-34eef

It was a serious charge that was being faced in Hamilton’s Police Court on Christmas Eve morning.

Despite the best efforts of the lawyer, hired to defend a foreman with the Hamilton Fire department, the steep bail set by the police magistrate would not be lowered to allow the accused to go home to his family on Christmas day.

The fireman, working out of the Sanford Avenue station, had been facing was called in the press “a very serious charge” preferred by a girl, fourteen years of age.

When the defendant appeared before Police Magistrate George Jelfs,  Crown Attorney Washington indicated that he was not ready to proceed and requested that the case be adjourned until after Christmas day. 

Magistrate Jelfs agreed to the adjournment request and set bail for the accused at $1,000.

The accused’s lawyer, C. W. Bell,  was a young and assertive, and ready to take on the veteran police magistrate in order to get his client released from custody to spend Christmas Day with his family:

“ ‘This man is respectable, and a hard-working fellow and until this charge was brought, his reputation was unsullied.  I want your worship to help him now, to help make his Christmas happier. I would like your worship to fix a reasonable bail so that he could spend Christmas with his family,’ said Mr.. Bell.

“ ‘I’ll fix it at $1,000 and not a cent less,’ replied the magistrate.

“ ‘But your worship is not doing that to help this man,’ added Mr. Bell.

“No. I am doing it because I consider it my duty. This man is charged with a serious offense against a girl who is fourteen years old. That girl came to my office and swore that he committed this offense. If I committed that offense and got out on bail fixed at $1,000, I’d run away,’ said the magistrate.

“ ‘No, you wouldn’t, your sense of justice is too highly developed  for that,’ replied Mr. Bell.

“ ‘It’s too highly developed for me to commit the offense,’ replied the magistrate.

“ ‘ And don’t forget that this man has not been found guilty of committing this offense yet,’ smiled Mr. Bell.

“ ‘No. I haven’t  forgotten it. I have not pre-judged him,’ said the magistrate.

“ ‘Taking what I have said into consideration, I am going to ask your worship again to fix bail at $500. Give this man a chance to spend Christmas with his family,’ said Mr. Bell.

“ No, it’s $1,000 or nothing,’ reiterated the magistrate.

“ ‘ And if you leave that rider, nothing, in there, I’ll be more than satisfied,’ laughed Mr. Bell.

“ ‘But I won’t. It’s $1,000 – and that’s final,’ ruled the cadi.

“The bail was not reduced when court adjourned.”¹

¹ “Fireman Held on Serious Charge : His Lawyer Pleaded in Vain for Small Bail : Magistrate Insisted on $1,000 Being Deposited”

Hamilton Spectator.   December 24, 1914.