‘court to give evidence. PC Malley’s evidence! Rod GERVIN WOULD BAN PETITION Peace Assembly raps police interference If Ald. R. K. Gervin had his way, there would be an end to civil rights in Vancouver. . ik Gervin made his position clear on civil liberties and people’s right to petition their fellow-citizens (a right as old as Magna Carta) when he a delegation from Vancouver Peace Assembly appearing before the fire, police and traffic committee to pro- test against police interference with canvassers for the Stockholm Appeal. Spokesman John Goss cited cas- es where peaceful petitioners had been intimidated by police. In some cases petitions had been un- lawfully taken away and petition- ers had been threatened with ar- rest. Aldermen Cornett and Wilson suggested that the protest should]. go to the Police Commission. . Up jumped chairman Gervin. “The petition should be banned, at least until the people know who is behind it and who has the bomb.” “blew his top” and harangued Ald. Showler hastened to sup- port Gervin’s undemocratic stand, and the two alleged “labor’ repre- sentatives peered at the delegation, as if trying to guess whether THEY had the bomb. “Tf I were at your end of the table, and you were at mine, if should try to consider the case on its merits, as an issue involving the sacred right of any citizen to pe- tition his fellow citizens,” suggest- ed Goss. Gervin launched into another de- nunciation of the Stockholm Ap- peal, ignoring the civil rights is- sue, His fellow-aldermen looked embarassed wound up by deciding to “receive” the petition. CONTINUED FROM PAGE ONE Police evidence upset by defense counsel duty for the police officer to per- form. Second, he must execute his duty. Third, he must be obstructed in the execution of his duty before any charge can be laid. “On the first point, the only evi- dence produced by the crown was that PC Malley had a duty to per- form in keeping traffic moving. “But a traffic officer keeps traf- fic moving not in accordance with his whims, but in accordance with the law. The laws that bind him are the bylaws ‘of Vancouver. But no city bylaw was even introduced in the evidence. “Secondly, /PC Majlley said he had received complaints against Phillips from several citizens. Yet these citizens were not brought to If there was anything substantial in the al- leged complaints of these citizens, surely the accused and the magis- trate had the right to hear what they had to say. é “Coming to the evidence itself, PC Malley’s evidence conflicted with the evidence of Phillips and Jen-- kins. “Cross-examination failed to break down the evidence given by Phillips and Jenkins. But look at Without suggesting that there was any dis- honesty on his part, a check of the evidence shows that he was not an entirely accurate observer.” (Here Miss Munro referred to PC Malley’s statement that Phillips had been carrying a large peace poster hanging from a cord around his neck, and contrasted it with the officer’s admission later on under cross-examination that he was not sure on this point.) “Then again PC Malley was not a very careful witness, because he let the prosecutor put words into his mouth which weren't true. When the prosecutor said, ‘You say it was necessary for other citizens to walk on the street?’ the con- stable answered, ‘Yes. But on cross-examination PC Malley re- turned to his original showing that no one had,to walk on the street. oe ‘In addition, PC Malley wasn’t &@ very candid witness, because on two occasions he testified that ‘this crowd’ around Phillips was gather- ed outside the entrance to the bank, ‘from any evidence, |’ and he deliberately created the idea that people were being interfered with in getting in and out of the bank. But as Jenkins pointed out in his evidence this morning, all Vancouver banks close at 11 a.m. on Saturdays, and the alleged ob- struction took place after 12.30 noon on a Saturday. “Actually, PC Malley had no city bylaw in mind when he order- ed Phillips to move. He simply arrested him for not moving when he told him to move, quite apart uty on his part to tell him to move. And Phillips didn’t move because he was convinced he had a right to stay there. He didn’t invite arrest, as suggested; because someone disagrees with an officer is no reason to be arrested. There’s no law against having a difference of opinion with a police officer. When the officer held a different opinion, Phillips submitted to arrest quietly. ‘Tt is quite clear that this case has nothing to do with any city _ bylaws or obstructing the public. There is certainly no ‘bylaw against petitioning. Amd if any *such bylaw was passed, it would be invalid, because it would in- volve oppressive interference with the rights of citizens. “Bringing this kind of a charge is just a devious way of trying to prevent petitioning, and when that is done our civil liberties are irre- parably damaged. “Tf officers are too quick to ar- rest citizens to whom attention is called merely because they are do- ing something junusual, ‘but not something unlawful, then such ar- rests may well involve oppresive in- terference with the long-established right of petitioning. “Tf such arrests are made, it is impossible to avoid a suggestion of intimidation. I therefore ask Your Worship to look to the essence of the case and to dismiss the charge.” Commented Magistrate Matheson: “T am not satisfied that any case of obstruction has been made out. The charge will be dismissed.” It was a bad day all round for PG Malley. Prior to the opening of the Phillips case, he skidded in- to a chair while crossing the court- room floor, and did an ungraceful prat-fall, carrying the chair with him. It is considered unlikely that he will lay a charge of obstruction against the chair. anyone. ‘|prehended and punished, if the or-! AUUC offers $1000 reward for arrests. TORONTO Association of United Ukranian Canadians this week offered a-re- ward of $1,000 for information leading to arrest and conviction of the criminals responsible for the bombing of their labor temple last Sunday. Partial text of an-Asso- ciation statement follows. 1 The explosion of a bomb in * our hall at 300 Bathurst Street cannot be viewed as anything but a deliberate attempt at mass mur- der. : 2 We categorically deny sugges- tions that this bombing was the result of any kind of “rivalry” among Ukrainian Canadian “fac- tions”. The Ukranian Canadian community in. Toronto, with its different churches and organiza- tions, has existed for 40 and more years and at no time has there been terrorism of such a nature in our midst. The Ukrainian Cana- dian community is composed of de- cent, law-abiding citizens. 3 We also refute the suggestion * that «this outrage was perpe- trated by some mentally unbalan- ced individual. Whatever can be said of the sanity of people who set out to murder innocent women and children, the fact remains that the explosive was fashioned by ex- perienced hands; that this Toronto bombing was the latest in a series of lesser terrorist acts, organized in different parts of Canada, and that the outrage follows a precon- ceived plan to terrorize the Cana- dian people. 4. While.the actual persons who ae plotted and carried out this dastardly act of terrorism may not at the moment be known, we are absolutely certain that they must be looked for in the circle of for- mer Nazi SS men who have man- aged to enter our country in the guise of Displaced Persons, who had been trained in terrorist acti- vities in Europe, had specifically chosen Canada as the country in which to continue those activities and have actually set up their ter- rorist group in Canada, ample proof of which is available. 5 We warn the Canadian people ~* that if the perpetrators of this Se a a AIL Se ste Aa TY AES ai EE OE Se EL IE Crippled gives for “Enclosed -please find $5 peace campaign. “Those of Peace Assembly. Leads protest Ald. Norman Freed of Toronto (above) introduced a delegation of 100 Ukrainian Canadians who appeared before Board of Con- trol to charge that former Nazi stormtroopers were responsible for the bombing of their labor temple last Sunday. (See stories on pages 7 and 12). woman can’t petition, peace to be used in advertising the As I have no legs, I cannot help in getting signatures, so I hope the small donations will help a little.” A woman in Lytton, B.C., wrote this note to the Vancouver us who have legs must feel humble when we read such a Mes- sage,” said VPA executive mem- ber Elgin Ruddell this week. “It should make us more determined than ever to get out and get more names on the world peace petition.” Estimated total of names col- lected in this province to date is 25,000. In additions to these per- sonal signatures, some 20,000 citi- zens have endorsed the Stockholm Appeal at mass meetings and pic- nics. Among the larger mass endorsa- tions are included the following: Father Duffy meetings, 2,000; Dr. Endicott meetings, 1,900; May Day rally 5,000; United Labor Picnic, 54000; Powell street meeting on Korea, 500; Nigel Morgan meet- ings on Korea, 1,500; Ukrainian picnic, 500; Tim Buck meeting at Exhibition Gardens, 2,500; and small picnics and meetings, 500. Vancouver Peace Assembly is now seeking to raise approximately $2,000 to finance the sending of two delegates to the World Peace Con- gress in Sheffield, England, next month.