HELMER COMMITTED FOR TRIAL
Victim of
Quarrel Struck First Blow.
Brother of the Accused Describes
Fight in Which Learn Met Death
At the preliminary hearing
held at Silver Hill last Friday, Lorne Helmer of North Walsingham
Township was committed for trial by Squire John Abel on a charge of
murdering James A. Learn, an aged man who lived on the Helmer farm,
after a coroner's jury had returned a finding that Learn was killed
on the morning of July 13th, by shock resulting from blows struck by
the accused man.
Lorne Helmer who is a
young man, will likely be tried at the next assize court in
Simcoe, in October or November. There is, however, a strong
possibility that before that time the charge will have been
reduced to one of manslaughter.
The evidence produced last
Friday tended to show that the blows which resulted in Mr. Learn's
death were stuck during an altercation between the two men and that
the first blow in the encounter was struck by the deceased.
The proceedings on Friday
were marked by the appearance of Gordon Learn of Napoleon, Ohio, who
claims to be a son of the murdered man, and who plans steps to take
charge of his father's property.
Hitherto the authorities had
been unaware of the existence of any immediate relatives of the
deceased.
Mr. Learn thought his father was 67 years of age.
The inquest was conducted by
Coroner Dr. Frank McGilvery of Simcoe. One of the jurors was John W.
Kreiss, a brother-in-law of Mr. Shoup, who was murdered five years
ago by Emerson Shelley. Squire Abel also conducted the preliminary
hearing in the Shelley case.
Brother's
Evidence
The principal evidence
produced was that of Charles Helmer of Sparta, 15-year-old brother
of the accused. He told of going to his brother's farm on July 10th.
Mr. Learn, at that time, he said, was living on the place, occupying
part of the house, while Lorne and his wife lived in another
part.
On Monday, July 12th, he
stated he accompanied his brother to Squire Abel's farm to see if
they could get Learn off the place. There had been a little row
during the morning in which both Learn and Lorne Helmer had
announced their intentions to consult the Squire with regard to the
trouble over the farm.
The following morning there
had been a heated dispute between his brother and Learn, when the
later accused the former of stuffing up his chimney. The witness
admitted that he had been the guilty party, placing straw in the
aged man's chimney -- playing a trick on him.
The Fatal
Fight
Shortly after the Helmer
boys and Learn went to the woods where the fatal fight took place.
According to the witness Learn had started to let down some bars
which would have permitted Lorne Helmer's cattle to get out of the
pasture and through the woods into his crops.
Lorne told him not to, but
the man continued. Then Jimmy (Mr. Learn) hauled off and hit Lorne.
Lorne hit back and after a second blow had been stuck the old man
fell to the ground.
Thinking that he was
"just knocked senseless," the witness said, they left him
lying there and went back to the house and later to Port Rowan to
consult a lawyer with regard to the dispute over the farm.
The following morning,
Charles swore, Lorne informed him that he had buried Learn's body,
but had said nothing about the aged man's death. Lorne had asked him
not to tell anyone about the matter.
Result of
Post Mortem
Dr. Edward Meek of Port
Rowan, who made the post mortem examination of the remains,
testified that Mr. Learn's organs were apparently sound and that
decomposition had made it impossible to distinguish between marks of
violence and ordinary discoloration.
The man still had some
tobacco in his mouth, indicating sudden death. He gave it as his
opinion that death had been due to some external violence and had
been practically instantantaneous.
George Alexander, whose farm
adjoins the Helmer-Learn property, had taken considerable interest
in Learn, who often worked for him. He submitted an agreement
between Mrs. Helmer, Lorne's mother, and Mr. Learn, which had been
left in his safe-keeping.
By this, dated 4 Aug 1919,
she agreed to rent her farm to Learn for two years, at $50 rental
for the first year and $100 for the second, at the end of which time
he was to buy the property for $2,000.
She gave Learn the use of
her stock, implements, etc., "as recompense for his kindness to
me since I have known him."
Given
Notice to Vacate
With respect to Lorne
Helmer's complaints that Mr. Learn was damaging the farm, witness
admitted that in some particulars the old man had not lived up to
his agreement.
Mr. Alexander instituted
inquires for Mr. Learn when the latter failed to appear to work for
him as agreed, on July 14th. At the Helmer farm he was told by one
of the boys, he was not sure which, that they had seen nothing of
Mr. Learn.
Some time between the 12th
and 15th, Lorne Helmer told him he had been served with a notice to
vacate the place and that it had made him so vexed that he took hold
of Mr. Learn and shook him.
Thos. Murphy told of the
finding of the body in a fox burrow on the Helmer-Learn property.
W. E. Kelly, K.C., for the
accused, suggested that the charge be reduced to manslaughter, in
which case his client could be allowed out on bail.
Crown Attorney Slaght said
that while, as far as the case had gone it looked as if he charge
would be reduced eventually, he did not feel justified in agreeing
to it at present.
