52 Ancestors in 52 Weeks Week 21 Prompt - Crime and Punishment PART FOUR

52 Ancestors in 52 Weeks

Week 21

Prompt – Crime and Punishment PART FOUR

I continue this convoluted crime story of the robbery come murder of the Bank of Montreal bank manager, Mr. H. M. Arnold.  It happened December 3, 1913 in the town of Plum Coulee.  This is the place where my great Uncle William Dyck owned and operated a livery/barn.  William Dyck drove the “murder car” from the scene of the crime with John or Jack Krafchenko as his passenger.  Whether he was part of the plot or not was still not known.

The Royal Commission was put together on the same day of Krafchenko's escape.  They interrogated Constable Reid for 10 hours.  He was one of two guards that were guarding Kraf at the time of his escape.  On January 21, 1914, Reid broke down and confessed and was promptly arrested after standing down from the Royal Commission interrogation.  On January 29^th he was sentenced to 7 years which was the maximum that could be given.

While the trial of Constable Reid was going on Krafchenko was found in a Winnipeg rooming house and arrested without resistance on January 19^th. 

 

And on that same day the police also arrested the above men on suspicion of a plot of conspiracy in Krafchenko's escape.  All were implicated by the confession of businessman, John Buxton Jr. given the day before.  John Buxton also led police to Krafchenko's hiding place.

Winnipeg jails were now busting at their seams.  The city was in disbelief about the depth of the conspiracy and it was all anybody talked about.  District courts at the time only came around once or twice a year.   This was a logistical nightmare to get organized.

Hagel's father (N.F. Hagel) a noted criminal lawyer from United States became Percy Hagel's attorney.  Percy Hagel was also denied bail and in the beginning he was not allowed to see his lawyer.   Hagel and Westlake were tried together for some unknown reason.   Three days after the preliminary trial begun, they were committed to a trial in an higher court for aiding and abetting a fugitive from justice and the escape of a prisoner.  Buxton and Holt were not charged with anything. 

Percy Hagel was finally allowed bail on February 11^th.   It is also reported that at that time, Krafchenko was allowed a visitor, his wife and 4 month old son visited him but a few minutes.  They could only converse in English which his wife knew very little.

March 9 was the opening trial of Hagel/Westlake.  The lawyers and judge battle over whether Krafchenko will be needed as witness for the defence or even allowed to be a witness.  The first day was spent on this argument and nothing was accomplished much to the chagrin of the crowd gathered in the courtroom.  Percy Hagel's lawyers were fighting for a dismissal of the trial due to the fact that the crown commission was published in the newspapers and it would be impossible to get a fair jury.  The judge decided to think it over and set the trial over to the next day.

The judges decision to allow Krafchenko to be witness at the Hagel/Westlake trial caused a delay of Krafchenko's trial.  Kraf's trial was in Morden and he couldn't be released until the Winnipeg trial was done with his testimony.

Krafchenko's trial was to start on Monday, March 10 in Morden.  Chief Justice Mathers arrived on the morning train from Winnipeg along with other officials.  He was aware of the complications in the Winnipeg trial that would cause a delay in his case.  None the less he started at the expected time of noon.

After this it was immediately adjourned til 2pm as the rest of the jurors would not arrive in Morden until the 1pm train arrived.  This is the jury who will recommend that there is enough evidence to proceed to a grand jury trial.  Justice Mathers charges his jury on their duties.  By the next day they indicted Jack Krafchenko for murder and robbery.  The trial will begin the following Monday in Morden, Manitoba.

Meanwhile in Winnipeg,  the 2^nd day of the trial had started with the choosing of 12 jury men from 59 candidates.  The process and challenges went on all day.  The next day the jury was in place and trial began with examination and cross examination of witnesses.  The Winnipeg trial drags on and by Monday March 16, when Kraf was suppose to go to his own trial he was still waiting in Winnipeg to be witness for the defence.  The next afternoon he finally was called to the stand at the trial of Hagel / Westlake.  There was a publication ban and what was discussed was not for the public.

First thing the next morning, Krafchenko was shackled, cuffed and in attendance of a half dozen police and was put in the baggage car of the train headed for Morden.  By noon he was in court on his arraignment and he plead not guilty. The court was set to reconvene that afternoon.

Upon reconvening Mr. Suffield, Krafchenko's lawyer asked for an adjournment to discuss the probability of getting a fair trial.  Mathers denied his request and the trial finally began a week and a half after it was suppose to start.

By Mar 25 there seemed to be good progress in the Morden trial despite less than 1/5 of the crown's witnesses being called.   The trial is expected to go on for two weeks.

That afternoon while in recess, the police guarding Krafchenko were freely chatting when it was noticed that Krafchenko had a key in his hand. The police quickly took it while Krafchenko laughingly told them it could have easily been a gun.   From that moment on his legs were shackled when out of the prison.

Meanwhile back in Winnipeg; Friday evening March 24^, Hagel and Westlake are found guilty.of conspiracy and assisting escape.

In an another weird twist, the following Tuesday morning two jurors in the Hagel/Westlake trial met with Judge Mathers and said that the jury made a mistake and it was suppose to be guilty of one offence each and a plea for clemency by the jury.  However the following  day the other 10 jury members came forward and said that was not the case.  They had all agreed on guilty of both accounts.  The original charge stood.  By the next day the crown for Hagel/Westlake asked for a appeal trial because the judge had committed at least 34 offences in the procedure of the trial that were presented him by Mr Hagel, Percy's father and lawyer. The Judge took exception but Hagel continued to battle it out with him. The judge decided to think about it and reconvene on Saturday morning.

By Saturday Judge Mathers gave his sentence for the two men. Percy Hagel got 3 years while Westlake was given 2 years. No decision for an appeal trial had been given by Justice Mathers.

Meanwhile back in Morden court;  by March 25^th many witnesses were called to prove Krafchenko's movements in Plum Coulee prior to the murder.  In the Morden court on Mar 26^th the trial is progressing for the crown with 39 witnesses seen and 34 more to go.  Today is the day that William Dyck is to be on the stand.  It is felt that this will take more than one day on the stand.  He is the key witness.   Morden city is overflowing with people who have come from all over southern Manitoba to watch the proceedings. 

 

Mr. Dyck has now presented his version of the truthful story involving driving Krafchenko out of Plum Coulee. Wm Dyck said he had given the first story because he was afraid of the possibility of revenge from Krafchenko.

 

The long trial was extended to Tuesday April 7.  In his closing remarks to the jury, Mr Suffield took the shredded William Dyck's testimony.

Mr Hastings for the crown finished addressing the jury Wednesday Morning.  Chief Justice Mathers spends 4 hours charging the jury.  This trial is exclusively for the murder and not the robbery.

Thursday April 9, 1914, Krafchenko is found guilty.  The jury was out for less than two hours.   All agreed on the first vote.  Court is recessed for 2 hours and then Judge Mathers will pass Krafchenko's sentence.

I will try to wrap this sensational crime story in my next blog.

Wendy

52 Ancestors in 52 Weeks Week 20 Prompt - Crime and Punishement - PART THREE

52 Ancestors in 52 Weeks

Week 20

Prompt – Crime and Punishment PART THREE

On December 29^th, the preliminary trial of Jack Krafchenko begins.

The defence lawyer for Jack Krafchenko is Percy E Hagel and the crown's lawyer is W.H. Hastings. Both sides feel they are ready to go ahead with the preliminary trial.  The crown states William Dyck will be their key witness.

The first day of the preliminary started at 2 and closed at 11 pm with a 2 hour supper break.  Day 2 on Dec 30 was similarly long with many witnesses for the crown examined and then cross examined by the defence.  The late evening witness was William Dyck.   Mr. Dyck was carefully sequestered since Dec 4^th and not allowed to discuss the case with anyone at anytime.  It was rumoured that Wm Dyck had not yet stated that the disguised man in his car was Krafchenko.

December 31, 1913; The Winnipeg Tribune

On his examination, Dyck admitted that he knew Krafchenko for about 8 months.  The last time he saw him was the night before the murder.  Krafchenko met him in the alley and asked him to take him on a ride the following day because he was in trouble with the law in Winnipeg.  William said no, but Kraf pulled out a gun and pointed it at him forcing him to do it under threat of his life.  So William had his car ready to go as promised at noon on December 3.  Wm Dyck said the man was wearing a black coat and a black beard.  The man ordered him to go which he did.  Shortly after driving out of the city he stopped and told Kraf he would not go any further and at this point Kraf pointed the gun at his head and then shot into the roof of his car to show his intentions were real.  At this point Wm said he carried on driving knowing that the man in his car was Jack Krafchenko.  He described his course exactly saying where Kraf took off his coat and hid it in the shrub near the Lowe Mennonite Farm.  Wm dropped him off in the countryside not too far from the train station.  Wm Dyck said he took his time going home as was Krafchenko's instruction.  He feared the man and what he would do if he did not do as told to.

He was then asked by the crown if he had been incarcerated against his will over the past weeks.   Was he free to come and go?  Was he coerced to tell this story by police?  No he said.  In fact he asked for protection from Kraf. 

The preliminary trial was completed on Friday, January 9, 1914.  This is how it was written in the Winnipeg Tribune.

 

The Winnipeg Tribune - January 10, 1914

Krafchenko escaped from the police jail just 8 hours after he was committed to trial for murder and robbery.  Constables Reid and Flower were on guard on the night of the escape.  Krafchenko was restless and not settling.  Soon Kraf produced and automatic gun and pointed it at the constables saying he was escaping and if they tried to stop him he would shoot them.  Kraf had a rope and went out the window.  The rope broke 30 feet from the ground and he fell injuring his leg, but still escaped into a waiting car.

The police, provincial police descended on the city cell and immediately spread out to stop Kraf from escaping the city.  A police commission met first thing that morning including judges, mayor, alderman, police chiefs to name a few.  A description was given out and a reward was announced.

 By January 12 a Royal Commission presided by Honorable Thomas Mathers, chief justice for court of King's Bench was open.   It was appointed by the provincial government with instructions “to conduct as full, as exhaustive and as searching of an investigation as can be made, and to fix, if possible, the responsibility for the escape of Krafchenko”. 

Throughout the week, the police commission examined many people and re-examined some people.  It is thought that it was through J.H. Buxton Jr, a local business man with a “chequered career” that a full confession of the breath and depth of the conspiracy involving the freeing of Jack Krafchenko.  Mr. Buxton was essentially the “go between” among the conspirators.   He would bring information between them.   The police commission believe that Buxton had no idea how grave a position he had put himself in.

It was through Buxton and Constable Reid's cross examinations and subsequent confessions that they were able to piece together the location of Krafchenko. 

 Finally, Jack Krafchenko is recaptured and placed in a secure provincial police cell.  The police have now locked up his lawyer, a police constable, two business men for aiding and abetting in the escape of a criminal.  

In part four, I will try to follow both the trials of Krafchenko and trials for the four conspirators.

Wendy

52 Ancestors in 52 Weeks Week 19 Prompt - Crime and Punnishment Part Two

2 Ancestors in 52 Weeks 

Week 19

Prompt – Crime and Punishment PART TWO 

The murder of Mr. Arnold, the Plum Coulee Bank of Montreal manager took place at about 12:30 P.M. on December 3, 1913.  Jack Krafchenko knew that every day the Bank of Montreal manager was alone over the lunch hour when his staff left for lunch at a local restaurant.  Thus he chose this time to commit the robbery.  Apparently he went in and robbed the bank at gunpoint.  Kraf stole some money and left by a back door.  He was quickly followed by the manager who was yelling “robber, robber”. And at that point Kraf who was running away turned around and shot the manager.   Kraf ran to the car driven by William Dyck that was running and ready to go.  They headed out of town.  Wm Dyck returned home alone around 8 pm that same night.  The police were waiting for his return and collected him and he was questioned for hours in Winnipeg, The Winnipeg Tribune. of December 5th, 1913 printed his story as he told the police.

 

 

 

Mr. Dyck goes on to explain that they kept driving and he let the first one out and then about 6 miles later he let out the other one.   He said it was only about a mile from the train to Winnipeg.  He tells the police he did not know who they were because they both wore masks.  The last guy told him to not tell anybody or he would kill him.  

At the end of this article is the description of Wm Dyck. “ Dyck is a thick-set powerful man, 5 feet 8 inches in height, weighing 175 pounds.  He is of sandy complexion with a reddish moustache and his face is tanned from exposure.” 

The police are not totally on board with Dyck's story because of so many contradictory statements and changing story lines. Also the police found 2 bags of silver worth $400.00 in his car under the seat cushion and frame.  Dyck says he does not know how they got there or how the $19.50 ended up in his coat pocket.  At this point suspect Krafchenko was still on the lamb, but the police assumed he was hiding out in Winnipeg because of all of his friends in that city. 

Wm Dyck was not held at the police station in Winnipeg however he did not go home either.  The police were discrediting his story about a 2nd man involved in the robbery / murder.  In the meantime the inquest into the murder of the bank manager was started and on Dec 8.  William Dyck was to be called as the principle witness 

On Dec 10th John Krafchenko was found in a rooming house in Winnipeg.  He was arrested, handcuffed and taken to the city cells without incidence.  He was arraigned on charges related to another trial totally unrelated to this one.  They were laid so that the police could keep him in jail until he could be charged with the more serious charges.  The Crown prosecutor asked for and received a 1 week delay to consult with the provincial police.  Kraf remained in the city jail for the time being.  Wm Dyck had apparently stayed in a Winnipeg hotel. Police believe that Mr. Dyck knew more than he is telling.  None the less the police deny having incarcerated him.

 On December 23, 1913 The Winnipeg Tribune Headline read “Where is Dyck Who Drove Bank Robber Out of Plum Coulee?” 

It was alleged that Wm Dyck was being held in prison without a charge being laid.  A lawyer, Mr N. F. Hagel was asking about Wm Dyck and his illegal incarceration for 3 weeks in Winnipeg.  During that time Mr Dyck had requested a lawyer to advise him, but this was denied.  Lawyer Hagel went to Plum Coulee to interview Mrs Dyck and Wm Dyck's brother in law, George Lecoute.  Both declared that they had no idea he was in jail.  Mrs. Dyck did know he was in Winnipeg, because her husband had sent her a letter stating he was there, but he never mentioned being in jail.  Lawyer Hagel suggested that both of them come back with him to Winnipeg for the purpose of instituting a “Habeas Corpus proceeding”. 

noun: habeas corpus; a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.  

The lawyer drove the two of them back to Winnipeg in his car.  They registered at a local hotel and made an appointment for the proceedings for 9 Am the next morning, Monday, Dec 22. where she would sign the writ to start the proceedings.  However in a plot twist not expected, Mr Lecoute and Mrs Dyck disappeared over night.  A witness said he saw them board a train to Morris and then took an automobile to Plum Coulee.  William Dyck was apparently with them.  They were discovered missing in Winnipeg and Plum Coulee police went to the Dyck home to inquire about it.  The police found that Mrs. Dyck and Mr Lecoute disappeared again apparently to visit family in the country at an unknown address.  And that Wm Dyck apparently took the train back to Winnipeg.  Strangely, when questioned, the crown authorities denied knowing anything about Wm Dyck and where he was. No one knew where Dyck was or whether he had ever been jailed.  

Jack Krafchenko is in the city jail awaiting the preliminary trial. Wm Dyck may or may not be gone. This story has more plot twists and bizarre turn of events.  In my next blog I will continue this story as laid out in The Winnipeg Tribune. 

Wendy