Harry Scace and daughter Sarah, Melancthon, Ontario, 1905 news article
Shelburne Free Press Thursday, November 9, 1905
Melancthon farmer Harry Scace was committed to trial by Police Magistrate George Rutherford Tuesday on a charge of manslaughter in the death of his daughter Sarah. The charge against him alleges: “That, being under legal obligation to provide necessaries for the said Sarah Adeline Scace, his child, he did, without legal excuse, omit to provide necessary medical treatment and other necessaries or medicines for the said Sarah Adeline Scace, whereby the death of the said child was caused, and that he did thus unlawfully commit the offence of manslaughter according to the Criminal Code.”
The first witness was Dr. Martin of Dundalk who said he had refused to see the child the night of her death when the father refused to promise to give her the necessary medicine for what a post mortem established was diphtheria.
Two other witnesses, Mr. and Mrs. William Campbell, told the hearing that they and the Scaces were members of the Church of God who did not believe in medical attendance but had been praying for the child’s recovery.
In committing Scace to trial at the county sessions of the peace in Orangeville in December, Magistrate Rutherford allowed the prisoner to be released on $3,000 bail.
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Re: Harry Scace and daughter Sarah, Melancthon, Ontario, 1905 news article
Thursday, November 16, 1905
Some neighbours of Harry Scace are, we understand, disposed to find fault with County Constable William Prior because his name appears as the complainant in the case of R. v. Scace. This is not right. As County Crown Attorney W. J. L. McKay explained at the trial before Police Magistrate George Rutherford last week, Mr. Prior was acting under instructions from the authorities in laying the complaint. Being ordered to lay the complaint, his official position allowed him no choice in the matter. Criticism of his act is, therefore, entirely out of place.
The action in the Scace case, in which he stands accused in the death of his daughter Adeline, is taken under section 210 of the Criminal Code, which reads as follows: “Everyone who as a parent, guardian or head of a family is under legal duty to provide necessaries for any child under the age of 16 years is criminally responsible for omitting, without lawful excuse, to do so while such child remains a member of his or her household, whether such child is helpless or not, if the death of such child is cause or if his life is endangered, or his health is or is likely to be permanently injured, by such omission.” The officers and directors of the Melancthon Agricultural Society met Thursday last to wind up the affairs of the society for the year. The reports showed the surplus from this year’s fair to be over $250, and as a result the society has now a balance to the good in the treasury of over $600.
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Re: Harry Scace and daughter Sarah, Melancthon, Ontario, 1905 news article
Thursday, November 23, 1905
Harry Scace of Melancthon entered a plea of not guilty and elected to be tried by judge alone when he was arraigned Friday before Judge McCarthy in the County Judge’s Criminal Court, on a charge of neglecting to provide medical care and attendance for his daughter. The case was adjourned until next April when His Honour noted that a case, R. v. Goodfellow, currently before the Ontario Court of Appeal, involves the same legal points at issue.
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