Men Held in Manslaughter Case Were Not Arraigned Today

Magistrate May Grant Bail If He Finds He Has Authority

Herbert L. Asselstine, the fourth man implicated by the coroner’s jury last night in the death of Dr. MacRobbie, was arrested this morning at 3:45. He, together with his friend, Richard Service, had been to Toronto Exhibition for the day, and the regular train being over an hour late, delayed his arrival home. Detective Sayer and Constable Thomas were waiting for him when the G.T.R. train pulled in a warrant having been issued for his arrest on a charge of manslaughter. They experienced no difficulty with Asselstine when he was placed under arrest, although he appeared to be somewhat surprised.

Asselstine is registered as being 37 years old, and an engineer by occupation. He is a member of the Salvation Army and a married man. His home was at 114 Caroline street north, where he lived with his wife and two children. He is a Canadian by birth and has been resident of Hamilton for some years coming here from this vicinity of Kingston. For the past three months he has been employed by the Crescent Oil Co., and previous to that was in the employ of the B. Greening Wire Co.

Together with Harry Smith, Joseph J. McAuliffe and Walter Scott he appeared in police court this morning and was remanded for one week.

“The jury returned a verdict against these four men amounting to manslaughter,” Crown Attorney Washington informed the magistrate, and asked for a remand of one week.

W. Bell, counsel for Smith, Scott and Asselstine, applied for bail for his three clients, but did not succeed in getting it.

“I am not sure that I have the authority to grant it,” replied his worship.

“I believe that you have and this is a bailable offence with which they are charged,” said Mr. Bell.

The magistrate stated that he would look the matter up.

“Then I may renew the application?” inquired the lawyer.

“Yes, and if I find it within my power, with the Crown’s consent, I may grant bail.”

“It is a very peculiar case,” commented Crown Attorney Washington.

J. O’Relly, K. C., counsel for McAuliffe made no application for bail.


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