‘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.

NU-WAY CLEANERS LTD.

e | Plant and Office

| 420 William St. VICTORIA, B.C.

Phone E 1424

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

You Are Welcome at the

olwood Inn

Operated by The Colwood Hotel Co. Ltd. J. W. WARD, Manager

“LICENSED PREMISES @

Seven Miles From Victoria On the Island Highway

R.R.No.1 VICTORIA, B.C.

Frank L. Thomson Office Phone, G 2612

Chamson Funeral Gome

Directors of Funeral Service Established 1893

1625 Quadra Street Victoria, B.C.

W. & J. WILSON

CLOTHIERS Telephone Garden 5013 1221 Government St, o Also HOTEL VANCOUVER, Vancouver, B. C.

Victoria

Telephone EMpire 3911 P.O. Drawer 908

THE B. WILSON CO. LTD. Individual Cold Storage Lockers

COLD STORAGE - ICE

Ice Refrigerators Packers and Distributors of Frozen Fresh Fruits and Vegetables

536-538-540 Herald Street Victoria, B. C.

Page Eleven