1st Trial Transcripts: Jimmy Weaver, the oldest of the kids who found the torso.

In the Supreme Court of Ontario.
THE KING V. EVELYN DICK (Murder)
Tried before The Honourable Mr. Justice Barlow and a Jury at Hamilton, Ontario, October 7, 8, 9, 10, 11, 12, 14, 15 and 16, 1946.
COUNSEL: T. J. RIGNEY K.C. and H. F. McCulloch for the Crown
JOHN J. SULLIVAN and F. S. WEATHERSTON for the Defence

JAMES WEAVER entered the witness box.
CLERK OF THE COURT: Q: How old are you?
A. Thirteen, sir.
Q. Which class are you in?
A. Grade VI.
HIS LORDSHIP: Q. You know what it is to take an oath, don’t you, my boy?
A. Yes, sir.
Q. You know you must tell the truth?
A. Yes, sir.
Q. And if you don’t you will be punished for it?
A. Yes.
HIS LORDSHIP: Yes.
(The witness was sworn).

HIS LORDSHIP: Speak right out, now.
EXAMINED BY MR. RIGNEY:
Q. Your name is James, Jimmy Weaver, is it, my boy?
A. Yes, sir.
Q. And you are now thirteen?
A. Yes, sir.
Q. And you have some younger brothers, haven’t you?
A. Yes, sir, two.
Q. And you also have some young friends whom you go out hiking with occasionally?
A. Yes, sir.
Q. And have you been doing that for some time?
A. Yes, sir.
Q. I suppose you know where all the birds’ nests are on the Hamilton Mountain by this time, don’t you?
A. Yes, sir.
Q. That’s the boy. Were you out there last March?
A. Yes, sir.
Q. And who was with you?
A. There was my two brothers, David and Faith Reid.
Q. Two brothers and?
A. And David and Faith Reid.
Q. Faith — is that a little girl?
A. Yes, sir.
Q. A sister of David?
A. Yes, sir.
Q. Do you remember what kind of day it was?
A. Sir, it was quite a nice day.
Q. Was there any snow on the ground at that time?
A. No, sir.
Q. What were you out hiking for that day?
A. Sir, we didn’t have anything else to do, so we went out to have a little hike.
Q. And where do you live, son?
A. At 400 Herkimer Street.
Q. In Hamilton?
A. Yes, sir.
Q. How did you get away up there on that mountain?
A. Sir, we took the bus to as far as Mountain Drive Park, and then walked the rest of the way.
Q. I see; you went up by bus, then, eh?
A. Yes, sir.
Q. Were you travelling along the road or were you travelling in the woods, or were you doing both?
A. Sir, we travelled mostly by the highway.
Q. Were you all together or were you separate?
A. Sir, we were mostly all together, but we separated after.
Q. Where did you separate, my boy?
A. Sir, right across from where it was found, in the field across the highway.
Q. And who was with you?
A. David and Faith, sir.
Q. David and who?
A. Faith.
Q. David and his sister?
A. Yes, sir.
Q. And your brother was somewhere else, was he?
A. Yes, sir.

Q. Did you come across something unusual up there that day?
A. Sir, it was just my brothers when they were going down the side of the hill, they saw it and called us over.
Q. How old is your brother?
A. One is eleven and one is nine, sir.
Q. And you are thirteen, eh?
A. Yes, sir.
Q. And who was with the brothers that were eleven and nine? Were they together?
A. Yes, sir.
Q. They were together, and you were with Faith and her brother?
A. Yes, sir.
Q. And did you immediately go over there?
A. Yes, sir.
Q. And where did you find your brother when you got over there?
A. They were waiting at the top of the hill, sir.
Q. Did you see anybody any close to the find than the top of the hill at the time that you went over there?
A. Well, my brothers went down and then came back up, sir.
Q. You learned that from them, did you?
A. Yes, sir.
Q. So that when you got over there the whole gang was assembled, weren’t they?
A. Yes, sir.
Q. And what did you do, my boy?
A. Well, sir, I went down and looked at it myself, and then I came up and told them to form a barricade across the highway.
Q. You must be a Boy Scout, aren’t you?
A. Yes, sir.
Q. That’s the man. You came right up and formed a barricade across the highway?
A. Yes, sir.
Q. Now then, what did that consist of, or how did you do it?
A. Sir, we just all made a row right across the highway.
Q. You made a row.
A. Yes, sir.
Q. I see; you just spread out?
A. Yes, sir.
Q. Didn’t put any obstacle except yourself?
A. Yes, sir.
Q. Is that what you mean? I see. Now, after you made that barricade, had any of the rest of them after you go there been down to where the find was made?
A. No, sir.
Q. You were the only one; you say you went down there alone?
A. No, the boys were down there, then they went part way down, when I went down they came back up, sir.
Q. I understand that; but after you arrived you went down alone, didn’t you?
A. Yes, sir.
Q. But the other boys had been down before that?
A. Yes, sir.
Q. After you went down there you have told us that you came back and formed a barricade made up of the five of you strung across the road; is that what you are telling us?
A. Yes, sir.
Q. What kind of morning was it, my son?
A Sir, it was pretty nice; it was a nice morning.
Q. I mean, did you have on overshoes or rubbers?
A. No, sir.
Q. Was it dry?
A. Yes, sir.
Q. Cold, I suppose?
A. Yes, it was a little chilly, sir.
Q. How long was the barricade formation in effect before some person came along?
A. About five minutes, sir.
Q. And then who came?
A. A lady and man in a car.
Q. And did they stop to inquire what the matter was?
A. Sir, they stopped up the road ahead of us a ways; they stopped up the road ahead of us a little ways.
Q. Before they reached you, do you mean?
A. Yes, sir.
Q. And did you make this barricade at the junction of the Flock Road, or did you make it the other direction?
A. Sir, right there, right out from where the body was found.
Q. Right opposite where the body was found. And this man and the lady who came along in the car, did they stop?
A. Yes, sir; they stopped before they got to us.
Q. Did you have any conversation with them?
A. No, sir; I just ran up to them and told them about—
Q. Never mind; you told them something?
A. Yes, sir.
Q. Did they stop and get out of the car?
A. Yes, sir.
Q. They did, eh? Do you know who they were?
A. No, I don’t, sir.
Q. You didn’t get their name?
A. No, sir.
Q. Did you tell them your name?
A. No, sir.
Q. Well, following that did they get out of the car?
A. Well, they drove up to where my brothers were, and then the man got out and went down.
Q. And you never learned what his name was?
A. No, sir.
Q. Was it an Ontario license car?
A. Yes, sir; they were working I think it was for the Coca Cola Company.
Q. Well, you would know the kind of car they were driving, wouldn’t you?
A. Yes, sir; I think it was a coupe.
Q. You think it was a coupe?
A. Yes, sir.
Q. And it had an Ontario license on it, had it?
A. Yes, sir.
Q. Following that, my son, what did you do?
A. Sir, we waited there while the lady went into town and got the police, and waited there until they came back.
Q. Did the man wait with you?
A. Yes, sir.
Q. And where did you wait?
A. We was waiting at the top of the hill, sir.
Q. Did you see the man go down to where the torso was found?
A. Yes, sir.
Q. Was there anything done to it by any person?
A. Not that I know of, sir.
Q. You didn’t see any?
A. No, sir.
Q. Did the police arrive following that?
A. Yes, sir.
Q. And did you know who those policemen were?
A. Sir, I know there are two Provincials.
Q. Two Provincial Police.
A. Yes, sir.
Q. And did you and the rest of your gang remain there until the Provincial Police arrived?
A. Sir, we went over in the opposite field across the street under a tree and had our lunch.
Q. And did the man stay there until the police arrived?
A. Yes, sir.
Q. So after they arrived I suppose you had finished your lunch?
A. Yes, sir.
Q. And you watched what was going on?
A. Yes, sir.
Q. Have you seen any pictures that were taken of the location where the torso was found?
A. No, sir, we just — I saw the picture of ourselves that was taken by the car.
Q. What was that, my boy?
A. We just had our picture that was taken by the Toronto Star, standing by the car.
Q. That was at the same day?
A. No, sir, that was the day after. They took us out and took our pictures.
Q. Well, did you see any pictures taken on the day that discovery was made of the body?
A. Yes, sir, I saw the man taking the pictures.
Q. But you did not see the pictures after they were completed?
A. No, sir.
Q Had the flowers started to grow at that time, or had the grass started to grow on that date?
A. I am not sure, sir.
Q. You are not sure. Were there any leaves on the trees?
A. Not very many, sir.
Q. Not very many, no. It was pretty bare?
A. Yes, sir.
Q. Was it very far from the road where you made this discovery?
A. It was quite a little way, sir.
Q. Well, could you guess?
A. It was about from here to the back of the room or more.
Q. From here to that wall, you think?
A. Yes, sir.
Q. Suppose you are standing on that road now, are there trees between where you are and where the body was found?
A. Sir, just on the side of the hill, the top of the hill and on the side.
Q. But there are trees growing there?

A. Yes, sir.
Q. Did you see any marks of any kind, automobile or other marks there on the side of the road?
A. I didn’t notice, sir.
Q. You did not look for them, perhaps?
A. No, sir.
Q. No person drew them to your attention?
A. No, sir.
Q. I see; that’s a good boy, thank you. Wait a minute, now; Mr. Sullivan may want to talk to you.
HIS LORDSHIP: Any questions, Mr. Sullivan?
MR. SULLIVAN: No questions, my lord.
HIS LORDSHIP: I think, Mr. Rigney and Mr. Sullivan, we will take ten minutes now.
Take the accused out.
—
(Interval from 3:40p.m. until 3:55 p.m.)

Source: RG 4-32 – Attorney General Central Registry Files, File 1946 Archives of Ontario.