1932 - 1960 (28 years)
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Name |
Carl Ludwig |
Born |
1932 |
Gender |
Male |
Crime |
2 Jan 1960 |
Kitchener, Waterloo Region, Ontario, Canada |
murdered Carl Ludwig |
- BRENNER, David Norman
Male, age 20, single
Crime: Murder
Victim: Ludwig, Carl
1960/12/02; Kitchener, Ont.
Method: stabbing
Motive: quarrel
Trial: 1961/02/22 - 1961/03/03
Supreme Court of Ontario; Kitchener, Ont.
Judge: Schatz, S.N.
Execution fixed to: 1961/06/06
Recommendation for mercy: no
Result: O. in C. of 1961/06/02, PC 1961-796
Commutation: life imprisonment, Kingston Pen., Ont.
Reference: RG 13, vol. 1790 (1.1,1.2,1.3,1.4,2.1,2.2), file
CC889; 1961-1962
Content: Correspondence, petitions, order-in-council, transcript of evidence, judge's report and report to Solicitor
General, police report, photos, newspaper clippings, psychiatric report, statements of the accused, memorandum
for the Cabinet, condensed summary.
|
Eby ID Number |
Waterloo-164315 |
Died |
2 Dec 1960 |
Kitchener, Waterloo Region, Ontario, Canada |
Person ID |
I164315 |
Generations |
Last Modified |
7 Nov 2024 |
Father |
Franklin Joseph "Frank" Ludwig, b. 2 May 1907, Kitchener, Waterloo Region, Ontario, Canada , d. 10 Jul 1979, Kitchener, Waterloo Region, Ontario, Canada (Age 72 years) |
Family ID |
F39595 |
Group Sheet | Family Chart |
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Notes |
- Murder Suspect Said Hysterical After His Arrest
Policeman Testifies Accused Gave Him Knife at Death Scene
"Hysterical and incoherent" was the way police offi cers described David Brenner when they took him to the police station on the morning of Dec. 2. "He kept saying 'I killed him, I killed him, I must
have killed him," Constable Edward Underwood testified today at the Supreme Court spring assizes.
Brenner, 19, of 6 Scott St., Is charged with the stabbing murder of Carl Ludwig, 28, of 6 Oak St. outside a King street east restaurant on Dec. 2.
LYING IN STREET
Constable Underwood, first officer on the scene, said as he about 3 a.m. drove up he saw a man lying in the centre of the street and another man standing about three feet from him, holding a knife.
"I was radioing for an ambulance and Brenner walked over and handed me the knife. I opened the back door of the cruiser and he got in. ! don't remember him saying anything. 1 might have asked if he was hurt because he was covered with blood," the officer said.
Constable Underwood said then left Brenner in the cruiser while he broke up a fight in the restaurant Asked by defense counsel Ronald J. Reid if he wasn't concerned about leaving the accused alone, he replied "I felt he hadn't any intention of using the knife on me or anyone else. He seemed relaxed, as if all the fight had gone out of him."
The officer admitted Brenner seemed "dazed" and was "acting in a trancelike manner."
But a few minutes later, the accused became hysterical, "kind of screaming and prattling on by himself … he just seemed to break down."
Constable Robert Westphal said he got in beside Brenner after the youth tried to get out of the car to "see how the guy is"
STARTED SOBBING
"I put my arm around his shoulder and said, Davie, Davie, what have you done? Constable Westphal testified:
"Then he broke down and started sobbing He kept repeating 'He's going to die, isn't he . . . the army didn't teach to do this. I tried to console. him and he was sobbing on my shoulder."
Both officers said they didn't smell alcohol on Brenner's breath, but Constable John Simon said he smelled it when be interviewed the accused about 3 a.m.
Before the trial started yesterday, Mr. Justice S. N. Schatz found Brenner was fit to stand trial and that there was "not sufficient evidence to show the accused isn't capable of conducting a defence."
The ruling on his ability to stand trial has no bearing on his sanity at the time of the alleged offence.
Mrs. Elmore Brenner, mother of the youth, described him as a "highstrung, mixed-up boy" who had previously attempted suicide.
DOCTOR TESTIFIES
Dr. Douglas Wickward, superintendent of the Ontario Hospital at London, Ont, said, "In my opinion he can understand his situation and is capable of instructing his counsel."
He examined Brenner on Dec. 19, 1950 and Feb. 20. In the last interview he described the youth as "hostile, very restless and nervous, and concerned about the trial."
He felt some of Brenner's hostility towards him was caused by the doctor's report to the crown attorney that the accused was emotionally stable.
Mr. Reid, in asking for a ruling on Brenner's ability, said evidence would probably show he had spent several months in the psychiatric institute, a section of the veterans Westminster Hospital in London.
"If there is the slightest doubt to this boy's sanity, it should be decided at this time," the said
Mr. Justice Schatz asked if Mr. Reid felt his client was unable to instruct him.
"He is not unable to instruct me, but I am not able to say if he has instructed me properly," Mr. Reid replied.
Mrs. Brenner said she didn't feel her son should have been released from hospital at London.
"He was in no condition to be released. He was twitching and nervous and fidgety, He wasn't himself... I tried to calm him down. I told him to always count to 10 and your temper will simmer down."
The court was told Brenner joined the army in February, 1960. He was in the psychiatric institute from July to September, released briefly and readmitted until Nov. 15.
She described her son in earlier years as a "high strung boy," and blamed some of this on the fact she and her hushand were separated..
"He had a bad temper, but I was always able to soothe him over... he was never sure of himself he was always a mixed-up boy. . ."
Of her recent visits to him at the county jail, Mrs. Brenner said "he can't control his temper like he could before he went in the army. . he goes into these depressions, then seems to bolster his spirits."
LAUGHED AND JOKED
But the youth's father, who accompanied Mrs. Brenner on her last visit to the jail, sald "he looked all right to me: He was laughing and joking away."
The petit jury panel was excluded from bearing evidence on the question.
Other Crown witnesses called today were pathologist Dr. W. J. Armstrong, who described 11 knife wounds in Ludwig's body including one that cut the abdominal portal vein: Frank Ludwig, father of the victim who identified his son and Sidney Bossin, manager of the store where Brenner bought a knife similar to the one submitted as an exhibit.
Kitchener-Waterloo Record 28 Feb 1961
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