‘raser called Bannk, and he said that on
he night of the 10th of July Popovich came
9 his shop for a shave, but didn’t have any
joney, but he came back on the 18th, paid
or the shave, and was making quite a show
f the large amount of money he had. He
yas in high spirits and said, “I am broke
me day. I have lots of money the next.”
fe arrived back at Endako and this time
ie was playing poker at $30.00 or $40.00
_ pot. Bit by bit the police gathered to-
ether the strange synthetic friendship
which suddenly grew up between these
wo men in the little cigar store on the night
of the 14th of July.

The net was then spread for Popovich,
who had since left for parts unknown.
opovich was found by the Alberta Police
ind, when charged with the murder, made
-he fatal statement, “I have never been west
of Jasper.”

Found on the accused was the pocketbook
nelonging to Mike Turkuola.

DEFENDED BY WELL-KNOWN COUNSEL

Popovich was put on trial in the town of
Clinton on October 10th, 1914. It was one
of the last assizes held in that historic town,
where the little courthouse, with the
wooden coat of arms over the judge’s dias,
nad stood for many years. Appearing for
he Crown was R. L. Maitland, then a
tripling lawyer who was going through his
irst test asa Crown Counsel. He had been
-alled to the Bar the year previous. Defend-
ng was the late Stuart Henderson, then
very much in demand in the north country
1s Defence Counsel. The trial was presided
over by the late Mr. Justice Clement.

It was necessary to gather together all
of the circumstantial facts because, since
hat July night in the little store in Endako,
no one had seen the two men together.
Popovich’s poverty was a notorious fact and
ris suddenly acquired wealth equally
notorious. His sudden friendship and at-
rachment for Turkuola was the starting
point of the building, brick by brick, of the
case for the Crown.

Fawning upon this man he hadn’t known
—concocting the story that he was going
0 the old country with him when he hadn’t
any money of his own—the time he left
Endako 15 minutes after Turkuola—the
points he had traversed which had taken
nim past the very spot where the body was
found—the suddenly acquired wealth a
Jay or two after the time when it was pre-
sumed Turkuola had been killed—and the
endless bragging and boasting about the
funds he had suddenly acquired, were all
worked together in linking a circumstantial
chain of evidence.

Working with Crown Counsel on the
‘ase in Clinton were, of course, Const.
Brown, who started the investigation, Frank
Aiken was in charge of the Detachment at
Slinton at that time and knew the ways of
nen in that part of the country, and Wil-
tam Spiller, now retired from the Provin-
ial Police Force.

Mr. Maitland had to rely upon putting
he circumstantial facts before the jury and
iNticipating a cross-examination of the
iccused. In the latter he was disappointed.

THIRTEENTH EDITION

Stuart Henderson relied upon the evi
dence that the accused was a notorious
gambler and that the sudden acquisition of
this wealth might leave room for reasonable
doubt. He therefore did not call the ac
cused, thereby having for himself the last
say before the jury.

It wasn’t a strong case but, as has often
been said when men think about it, circum-
stantial evidence is sometimes stronger than
direct evidence. The chain of facts unex-
plained and unanswered made a deep im-
pression upon the jury, although Mr. Justice
Clement did not anticipate a verdict of
“guilty.” The jury retired at 2:20 on the
afternoon of the second day. Standing
in the Judge’s Chambers in the little country
Court House were Mr. Justice Clement,
Mr. Maitland and Mr. Henderson. The
jury had been out a long time. Mr. Justice
Clement took out his watch and noted that

been found guilty because someone peached
on him.

The case then went to the Court of

Appeal where the conviction was sustained.
The Justice Department, who very carefully
examine every detail in cases where a death
verdict has been pronounced, again closely
examined the evidence of the Popovich case
and came to the conclusion that the death
commuted to

life

sentence should be
imprisonment.

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it was 4:20—exactly three hours—the
usual time to discharge a jury which has
not agreed. “Gentlemen,” he said, “some-
one must be holding out for a conviction.
The three hours are up and I will have to
discharge the jury.” While still looking
at his watch, there came a knock on the
Judge’s door. Something about that knock
seemed to bring with it a premonition. The

George Popovitch

jury have agreed upon a verdict.” It was
dark and the little Court House at Clinton
was illuminated by coal oil lamps. The
Judge sat on the Bench and the jury filed
into the jury box, each man passing the
coal oil lamp, which reflected an expression
of tense anxiety but determination on the
faces of those 12 men as they filed into the
jury box. The prisoner seemed to sense
from the expression on the faces of the
jury that something was wrong. He was
tense and white. “Gentlemen of the jury,”
asked the Registrar, “have you agreed upon
a verdict?” “We have.” “Gentlemen of
the jury, what say you? Do you find the
prisoner at the bar guilty or not guilty of
the crime whereof he stands indicted?”
“Guilty.”

Judge Clement asked the prisoner if he
had anything to say and Popovich almost
screamed, “I have been double-crossed!”
With some difficulty, Justice Clement then
pronounced the death sentence. And so
ended the trial of George Popovich.

What he meant by saying, “I have been
double-crossed,” no one will ever know, but
the most natural inference would be he had

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Page Eleven