Canadian True Crime - Mary Davis Nelles

Episode Date: June 7, 2023

Dream husband, dream wedding, dream honeymoon, dream home - Mary had it all by the age of 26. But a nightmare was waiting for her just around the corner…Look out for early, ad-free release on CTC pr...emium feeds: available on Amazon Music (included with Prime), Apple Podcasts, Patreon and Supercast. Full list of resources, information sources, credits and music credits:See the page for this episode at www.canadiantruecrime.ca/episodes Hosted on Acast. See acast.com/privacy for more information.

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Starting point is 00:00:00 Canadian True Crime is a completely independent production, funded mainly through advertising. You can listen to Canadian True Crime ad-free and early on Amazon music included with Prime, Apple Podcasts, Patreon, and Supercast. The podcast often has disturbing content and coarse language. It's not for everyone. Please take care when listening. Hi everyone. Just quickly, a very important update from a previous case we've covered.
Starting point is 00:00:24 The Disappearance of Madison Scott from Vanderhoof, British Columbia. Just a week ago, the RCMP suddenly announced that Madison's remains had been discovered and positively identified at a rural property about 18 kilometres from Hogsback Lake, the last place she was seen. She'd been camping there for a party and after she turned in, all her friends decided to go home and left her there by herself, and she was never seen alive again. There's no information about how Madison's remains were discovered.
Starting point is 00:00:57 All we know is that the announcement came on the 12th anniversary of her disappearance and the RCMP are continuing to search the rural property. No charges have been laid and foul play has not been ruled out. In a statement, the Scott family said they're extremely appreciative for the continued support but kindly ask for privacy through these times. And while they're relieved that they finally have the opportunity to allow Maddie to rest, they're left with many questions. The investigation into Madison's disappearance is still ongoing
Starting point is 00:01:32 and the Scott family encourages anyone that has information to contact the RCMP tip line. See the show notes for details. Our thoughts are with Madison's family at this time and we hope they receive answers soon. For more updates on this case, stay tuned for our case updates episodes coming in the next few months. And with that, it's on with the show.
Starting point is 00:01:55 It was a warm Sunday night in September, and newlyweds Mary and Cliff Nellis were on their way home from Toronto. They caught a Toronto Argonauts football game in the afternoon, then had dinner downtown and attended a birthday party after that. But it was now close to midnight and they were almost home. Life was going quite well for 26-year-old Mary Nellis. She was still on a high from her dream wedding, followed her. by a dream honeymoon in Europe, and then starting their dream life together in their dream home. The wedding part came together nicely. Just over two months earlier, over the summer, Mary had married 29-year-old Henry Radcliffe Nellis, known as Cliff, a Toronto stockbroker
Starting point is 00:02:55 with a promising future in Canadian finance. And Mary was such a striking bride that a photograph of her had been chosen for the front cover of Canadian Bride magazine's fall 1969 edition. The magazine hadn't yet come out, but she was very excited in anticipation. When it came to the dream home, there was a bit more work needed. Mary and Cliff wanted a nice, cozy home off the beaten path outside Toronto, and they found exactly what they were looking for in an underdeveloped region called Claremont, about 60 kilometres north-east of Toronto. There, they scoped out an abandoned one-room brick schoolhouse on a lonely field, with everything they wanted, lots of trees for protection,
Starting point is 00:03:47 surrounded by more fields with no neighbours nearby, and an easy drive into the city. They decided to convert it into a home, their first as a married couple. But that Sunday night, it was just after midnight as they pulled onto their property and opened the front door to their cozy brick home. Mary noticed it was completely dark. She was sure she'd left a light on. As she reached for the light switch, she and Cliff were ambushed from behind and knocked to the ground.
Starting point is 00:04:23 There seemed to be two people waiting inside their house, and just before blindfolds were placed over their eyes, Mary caught a glimpse of one of them, but he had a nylon stocking over his face. The couple were gagged and bound with tape, electrical cord and bandages, and then Mary was dragged out of the house while Cliff remained on the floor inside. He was terrified and had no idea what to do. Before long, one of the attackers came back and told him that his wife had been kidnapped for ransom, and if he or anyone else called the police,
Starting point is 00:05:01 if the police even caught a whiff of anything going on, Mary would be killed. Cliff was then taken to the table where a four-page ransom note was put in front of him. The attacker stood behind him and told him to read the letter out loud. It was the early morning hours of Monday morning, but he was told to remain at home and then drive to Toronto to a specific pay phone,
Starting point is 00:05:27 at a shopping center plaza at Bayview and Shepard Avenues. When the phone rang, he was to take the call, which would have further instructions about what he needed to do to get his wife back. The ransom note included stern warnings in several different places. Mary will be killed if the police or press are notified. This is not a threat. It is a positive fact. You are being watched closely. When Cliff finished reading, the attacker told him to remain at the house until 5.30 a.m.
Starting point is 00:06:02 And not contact or speak to anyone. And if the ransom wasn't handed over exactly as instructed in the letter, two men from Montreal were waiting on word to kill Mary and all of their family members. Once the attacker was sure Cliff had the message, he slipped out the door. The ransom amount was 850. $150,000, which adjusted for inflation, is worth about $6.7 million today. Mary Davis-Nellis was from one of Canada's wealthiest families at the time, but it was new money. Her father, Marshall Davis, came from humble beginnings.
Starting point is 00:07:11 Born in Cleveland, Ohio, to an average family, the reason Marshall ended up in Toronto was because of his brother, Mary's uncle, Nelson. In the early 1930s, Nelson married Eloise White and moved to Toronto to help her father with his chain of discount variety stores, struggling in the wake of the Wall Street crash. While Nelson didn't have much money to his name, he had a serious talent.
Starting point is 00:07:40 He was a whiz with numbers. He successfully turned his father-in-law's company around, learning all about how Canada's banking and financial system operates along the way. Turns out he was a wizard business as well. Feeling empowered to continue his streak of success, Nelson made an appointment at the bank. According to a 1975 article in the Financial Post, he applied for a business loan for $250,000, a large sum of money for the time. But after he and the bank manager got to talking about his business success so far, the banker raised the stakes, offering him a loan of $13 million,
Starting point is 00:08:26 which adjusted for inflation is about $282 million, a massive sum of money. Nelson used this money wisely and made his personal fortune, buying up struggling and undervalued companies at cut rate prices during the great Depression. His early success meant he could pay the bank back in full in just seven years. In the 1950s, Nelson Morgan Davis bought the prestigious stone mansion known as Graydon Hall Manor, today a historical landmark in the North York region of Toronto. After a decade there, he moved to a mansion he built on Riverview Drive that became known as Eagle House because of the multiple Eagle statues used to decorate it. Nelson's wealth allowed him to make decisions that ordinary people
Starting point is 00:09:21 wouldn't have dreamed of. When he noticed dirt being tracked into Eagle House, he sourced pieces of rock from a meteorite that had landed near Cleveland, Ohio, knowing that meteorite produces no dust. Nelson Morgan Davis had paid $100,000 to have his driveway made out of rock from space, so visitors wouldn't bring dust into the house on their shoes. Golf was a huge passion for Nelson, and he specifically sourced the land for Eagle House because it backed on to the Riverview Golf Course, but he soon became sick and tired of having to wait for the other players,
Starting point is 00:10:03 so he built his own 18-hole golf course north of Toronto, complete with clubhouse, lockers, and a full-time professional caddy. As the only member of his privately owned golf club, he never had to wait again. In 1967, he sold the course to IBM for a reported $3 million, and today it's known as the Markham Green Golf Club. Nelson Morgan Davis's empire would eventually be worth $100 million, with multiple holiday homes in Canada and the United States. At the time of Mary's kidnapping, Nelson was also a director with the Canadian Imperial Bank of Commerce, or C-IBC, and he had a large amount of influence. His banner company, N.M. Davis Corp, had a master range of investments including nickel mining, car sales, real estate, manufacturing and trucking. And that's where his brother, Marshall Davis, Mary's father, comes in.
Starting point is 00:11:09 Marshall wasn't quite the numbers genius his brother was, but he was a savvy business person nonetheless. Nelson entrusted him with running one of the trucking companies and installed him as director for many of the others. So the Davis family could more than afford to pay an $850,000 ransom. Back at the converted schoolhouse, it was now the early morning hours of Monday morning. The attackers had left, and 29-year-old Cliff Nellis was contemplating his situation. His wife had been kidnapped. He had no idea where she was, and he didn't know if he would ever see her again. The message had been received loud and clear.
Starting point is 00:12:05 Don't contact anyone, or she'll be killed. Wait until 5.30 a.m., and then drive to Toronto and wait by a specific payphone. Cliff had no choice but to do exactly as he was told. When that payphone rang, he was instructed to get an immediate contact with Mary's family to arrange the ransom, have it ready by later that afternoon, and wait for further instruction. The kidnapper warned Cliff yet again that if anyone contacted the police, Mary would be killed. After that call, Cliff phoned his father-in-law, Marshal Davis. and told him about the situation.
Starting point is 00:12:47 Marshall was of course extremely upset to hear that his daughter had been kidnapped and immediately called his brother Nelson. They were used to working together in business and this was just an extension of that. It was also one of Nelson's worst nightmares. Even though the Davis family had become one of Canada's wealthiest, they all liked their privacy, especially Nelson.
Starting point is 00:13:14 He reportedly didn't drink or smoke. He wasn't a social person and had no interest in social status. He lived a reclusive life and avoided the press or any kind of publicity. His business records didn't even list a proper address, just a lone post office box. It was part preference, but part fear. Nelson was reportedly scared that the disproportionate wealth he'd accumulated might put him and his family at risk if too many people knew about it. He trusted very few people, and for good reason, it seemed. Obviously, Nelson and Marshall Davis could pay the full $850,000 ransom. The problem was timing.
Starting point is 00:14:03 Even though Nelson was a director of the CIBC, there was no way they could round up that amount of money in time. A decision was made for Cliff to go back to the kidnappers and negotiate the ransom down to $200,000. It was less than a quarter of the asking price, but they could at least get that cash together in the allocated time. The Davis brothers also gave Cliff the green light to contact the police, but told him to be very discreet. There must be no publicity or indication whatsoever. Mary's life depended on the kidnappers not knowing that the police were involved. Her uncle Nelson Davis was paranoid and concerned that his own phone line might have been tapped by the kidnappers. So he arranged a trusted associate to relay messages between the family and the police.
Starting point is 00:15:00 So the plan was this. While Mary's father and uncle started working on getting the cash together, Cliff would contact the Toronto Metro Police and remain at the pay phone. At about 11 a.m. that morning, the head of the homicide squad and another investigator were dispatched to the shopping plaza for a presumably careful conversation with Cliff as he waited for the next call from the kidnappers. Cliff discreetly passed over the ransom note and told the investigators everything he and Mary had experienced when they arrived home the night beforehand, being ambushed by the kidnappers, tied and bed. them taking off with Mary and then the ransom demand. The police got to work straight away. When the kidnappers called back in the afternoon,
Starting point is 00:15:56 Cliff gingerly proposed the lowered ransom amount. The person on the other end, clearly not happy, told Cliff to be back at the same pay phone at the same time the next morning. He didn't know if they were going to accept the proposal or not, and it would be a long wait overnight to find. out, he was terrified. Because the kidnapping had taken place outside the city of Toronto, the Toronto police contacted the Ontario Provincial Police or OPP,
Starting point is 00:16:30 and they set up a joint war room to strategize. The first tactic was to go back to the plaza and tap the payphone so that subsequent conversations between Cliff and the kidnappers could be recorded. Then the police established their priorities. First, get Mary Nellis back alive. Second, capture the kidnappers. The police had to keep a very low profile until Mary was safe and well. They would be able to help her husband and family behind the scenes,
Starting point is 00:17:04 but couldn't directly intervene. And this was top secret. Only a few top officers were privy to what was really going on. Next, investigators reviewed the typed ransom letter. The typing was absolutely perfect, not a single mistake. The way it was composed from the choice of words used to the spelling and grammar indicated that it was written by a person who was well educated with a high vocabulary. It was also noted that Mary in Cliff's home wasn't a high-profile location.
Starting point is 00:17:41 The schoolhouse had been abandoned for four years. years before it was renovated, and it was also isolated, almost a kilometer away from the nearest neighbours. How did the kidnappers even know about it? And there was also that original ransom request. It was a very high amount, and the instructions were specific about Mary's family arranging it, not Cliff's family, but Mary's. The kidnappers must have done some serious research to know that the exorbitant ransom they demanded was within the realm of possibility, and they probably also knew that Nelson was a director with the CIBC and had close proximity to cash reserves.
Starting point is 00:18:26 But the Davis family wasn't the only wealthy family in Canada, and many of the others had much higher public profiles. Why this family? The police contacted Nelson Davis's go-between to inquire, Was there any chance that a family acquaintance could be involved with the kidnapping? Nelson was adamant, absolutely not. The police assumed that the kidnappers would likely accept the new ransom proposal and told Nelson to proceed with getting the cash.
Starting point is 00:19:00 Investigators made a note of the serial numbers on the brand-new $100, $50 and $20 bills and packed it in two travel bags. Even though it was less than a quarter of the amount asked for, it would still be one of the largest ransoms ever paid in Canada. One senior investigator would later tell the Globe and Mail, quote, We could have used dummy money, but what might have happened? How much money is a woman's life worth?
Starting point is 00:19:34 At 9am the next morning, Tuesday, September 9th, Cliff Nellis returned to the pay phone to wait for the next call. And this time his father-in-law Marshall Davis was with him. Cliff was extremely upset and anxious. What if Mary was already dead? The phone rang and the kidnappers told him they'd reluctantly decided to accept the $200,000 as proposed. Next, there were clear instructions for delivering the money.
Starting point is 00:20:07 Cliff was to get on Highway 400 and drive north to the Muscoa region about two hours away. Also known as cottage country, Muscoca is a premier vacation area and cottage retreat, popular with residents of Toronto seeking an escape during the summer months. The sprawling region boasts over 1,600 lakes. The three largest are Lake Muscoca, Lake Rosso and Lake Joseph, and the area is renowned for its natural beauty,
Starting point is 00:20:40 lush forests, charming local. towns and iconic Muscoca chairs. There's a population who live there permanently, but an even greater number of seasonal property owners who either spend their summers in the region or rent out their cottages short term to other holiday makers. Cliff and his father-in-law set off for the Muscoca region on Highway 400. The police were also ready to go, although they were hiding in plain sight, They'd mobilised quickly to put together a secret undercover team. Two unmarked police cars were chosen to shadow Cliff's car from a distance. A tracker device was put on the car as backup so the police could find him if they became separated.
Starting point is 00:21:29 Two provincial police aircraft kept watch from the skies. And the rest was an elaborate secret convoy made up of other unmarked police cars, rented sports cars and rented pickup trucks. This was a huge kidnapping plot involving one of Canada's wealthiest families, and the police had to seize every opportunity they could to progress the investigation, but Mary's life depended on their ability to keep it covert. Cliff Nellis had been given precise instructions about where to exit Highway 400 and where to go from there. He and his father-in-law Marshall found themselves driving in the direction of Port Carling
Starting point is 00:22:34 on the lookout for a certain tree that had a Smoky the Bear fire prevention sign. When they found it, they looked for a pay phone nearby and then waited for it to ring. This time, the kidnappers gave Cliff instructions to drive to another location where he was told to drop the money right at 12 noon and then proceed to another phone. booth for instructions about getting his wife back. Cliff was trying to keep his cool as he drove, but his anxiety couldn't have been higher. His wife had been kidnapped on Sunday night, but it was now late Tuesday morning and she'd been gone more than 30 hours. He would say, quote, I believed Mary would be killed if she hadn't been already. It was a terrifying thought.
Starting point is 00:23:27 The couple had only been married for two months. At exactly 12 noon, Cliff found a certain tree and put the two bags of money behind it as instructed. He then drove to the next payphone, which rang at 2pm. He was given instructions about where to go to get Mary, drive half a mile south, then turned down a gravel road leading off the highway to a string of luxury cottages along Lake Joseph near Foots Bay. Cliff put the pedal to the metal. As he drove down the gravel road, he spotted an object in the distance and slowed down.
Starting point is 00:24:08 It was his wife Mary in a sleeping bag. She was still blindfolded, gagged and bound with electrical cord. She was rattled and exhausted, with bruised wrists and a swollen nose caused by the tight blindfold, but escaped with no major physical injuries. Cliff took his wife to a local motel to rest up. He likely assumed that the ordeal would be over soon. The police had been tracking him and were likely doing their thing
Starting point is 00:24:39 back at the spot where he'd left the ransom money. The kidnappers would soon be in custody and the mystery would be solved. Unfortunately, he was wrong. The situation was far from over. Investigators broke the news that their elaborate undercover cover scheme had fallen apart because of technical issues. The tracking device on Cliff's car had failed well before he arrived at the spot to drop off the ransom. The disguised police cars had lost track of him. Even the police plane circling the
Starting point is 00:25:17 area had lost sight. So by the time investigators found the spot, the money was gone and the kidnappers had escaped. The investigation was ongoing. The first thing they needed to do was interview Mary Nellis about what happened while she was in captivity. The 26-year-old had been too exhausted to speak at first, but the following morning, she was recovering at her father Marshall's home and ready to talk. Mary told investigators she was blindfolded the entire time, so she had no physical descriptions of her kidnappers to give. Apart from that brief glimpse she got at the beginning of a man with a nylon stocking over his head. She didn't even know for sure how many people were involved. What she did know was that she was put in the back of a car
Starting point is 00:26:11 and instead of panicking, she decided to focus on the direction the car was driving and the turns it made. This was back in 1969 and the Greater Toronto area wasn't developed like it is today, so there weren't that many crossroads or exits from the highway that led to the Muscoqa region. Mary's family had a large estate up at Muscoca and she knew the area well. She rightly estimated that the car drove to the region near Foots Bay. She said that she was in the car for the entire 36 hours, bound and gagged. She was given nothing to eat.
Starting point is 00:26:51 Her only nourishment was a single glass of orange juice. and she was only allowed out of the car once that entire time. The kidnappers rarely spoke around her, but Mary said she picked up on an increase in tension on the Monday after Cliff proposed the reduced ransom. Mary overheard one of the men complaining that this new amount was not enough, and then she started to fear for her life. Quote,
Starting point is 00:27:20 I thought there was a split in the gang, I was afraid I was going to be killed. She counted herself lucky that she wasn't, but she also said the kidnappers weren't overly cruel or rude to her. They did put an effort in to make the car as comfortable as possible, putting soft padding underneath her and wrapping her in blankets. And she noted that when she became upset, the man she assumed was the ringleader held her hand and was gentle with her.
Starting point is 00:27:53 The newspapers would report that the leader, kidnapper apparently had a soft spot for women. The kidnapping of Mary Davis-Nellis made huge headlines both in Toronto and across Canada. When the news came out that the ransom had been paid by Mary's wealthy family, the interest of the media was piqued. Very little was known about the Davis family and journalists camped outside Mary's father's home, desperate for more information. The couple came outside and read brief statements. Cliff praised the police, quote, they went all out, their first concern was for my wife, they did a great job. Mary said even fewer words according to the Toronto Star, quote, I'm fine, I'm fine, I can't say any more.
Starting point is 00:28:48 Journalists wanted to find out all they could about Mary's multi-millionaire uncle, the mysterious Nelson Morgan Davis. Not much was known about him at all, and research attempts had been fruitless. His name was on the Canadian Who's Who list, but there was no other personal information about him, just that post office box. How had he managed to fly under the radar, despite being one of Canada's wealthiest men? Journalists showed up at his mansion asking questions, and eventually he came out and gave a brief statement just so they would go away.
Starting point is 00:29:28 Quote, I have made it a point all my life to avoid any publicity about myself, and I don't want to change that policy now. I have always believed in keeping myself anonymous, but when a kidnapping comes along, that is hard to do. Journalists shot back with questions about his background, and he offered some vague information. Quote, you can say that I am a university graduate and a businessman, but that's about all.
Starting point is 00:29:56 I have never granted an interview to a newspaper and I don't grant one now. I have nothing against newspapers, but I don't want to be interviewed or have my picture taken. With that, he went back inside. Now that Mary was safe, the police could go all in on the investigation. No need for covert operations or undercover work anymore. They were dedicated to recovering the ransom money. and finding the kidnappers.
Starting point is 00:30:28 Whoever was behind this was clearly intelligent, could plan complicated maneuvers, and was familiar with the extensive Muscoca region. The police were impressed by how well-planned and well-executed the plan seemed to be. This was clearly the work of professionals, not ordinary criminals, and to catch them would require extensive resources,
Starting point is 00:30:52 manpower, and a sophisticated strategy. More than 200 Ontario provincial police or OPP officers were joined by 50 members of the Toronto Police, as well as more from the RCMP, one of the largest investigation teams ever assembled in Ontario at the time. They all descended on the Muscoqa region, with officers and cruisers with their lights and sirens on searching all the local roads, including the back roads. Police set up roadblocks on every single road leading out of the region. One journalist circling the area was frustrated to be held up at multiple roadblocks and asked an officer what their strategy was. Quote, anything that moves for 50 miles is being stopped and searched. The traffic ended up backed up on the highways, bumper to bumper for kilometers,
Starting point is 00:31:51 conditions that would be considered normal for the 400 today, but quite out of the ordinary in 1969. Officers went door knocking from cottage to cottage, asking if anyone had seen anything suspicious or out of the ordinary. They visited local restaurants, motels and boat docks. The canine unit was activated, with a six-year-old German shepherd tracking dog called Kanaka, who was familiar with Mary Sent covering key areas.
Starting point is 00:32:24 But they found nothing. Investigators were incredibly disappointed because the likelihood of apprehending the kidnappers was decreasing as each hour passed. They could be getting further and further away. Or maybe they never actually left the Muscoqa region. One of the locals commented to a Canadian press journalist that no outsider could have escaped all those roadblocks.
Starting point is 00:32:53 Quote, whoever pulled this caper must know every inch of this country. Maybe they had a safe space to hole up there and were waiting until the police moved on. Investigators publicly announced the serial numbers of the new notes that had paid in the ransom and asked the public to be on the lookout. One officer noted, This stuff is so hot it could burn your hands.
Starting point is 00:33:18 Other officers continued to search roads, cottages and local businesses up in cottage country, and while they didn't get any groundbreaking leads, they did receive many tips about suspicious people and behaviour, particularly in the area near Foots Bay where Mary Nellis was found in the sleeping bag. The owner of one service station spoke of a customer who was desperate to trade in a set of four tires for four new ones, Another store owner said that two men came in saying they wanted a large amount of change to make phone calls. From these and other sightings, the police were able to put together descriptions of two separate cars, each occupied by two men. In the US, the FBI was alerted to the fact that the kidnappers might be trying to cross the border by car, boat or plane.
Starting point is 00:34:15 All relevant authorities were on high alert. Then a new tip came in. A local grocery store owner told an officer that a few days earlier, some men had showed up to buy groceries. Because they were newcomers, she noticed them immediately and watched them walk towards the cottages directly across from her store. Kanaka, the German Shepherd tracking dog, was brought over. By this point, she'd been diligently searching the Muscoca area for almost three days.
Starting point is 00:34:53 and had reportedly lost several pounds from covering such a vast area, but she wasn't finished just yet. Kanaka led investigators to an area not far from the cottages where they found a pile of items. There were bandages, blankets, adhesive tape, a pair of white gloves, a binocular case, and foam rubber padding. This collection of items easily slotted in with the details Mary had given the police. The tape and bandages used to bind, gag and blindfold her and the fact that she reported being bundled with blankets and foam padding. After that discovery, one of the OPP constables, Ernest Ernie Bond,
Starting point is 00:35:38 started walking down the road, looking for anything unusual. He knew they were finally onto something, and if the kidnappers or the money were still around, they had to be nearby. As he walked, he looked into the bushes and spotted a wheelbarrow turned upside down. He would tell the press, quote, The wheelbarrow looked like it hadn't been moved in 20 years. It was just off the path and barely fitted between two trees. Constable Bond turned it over and saw a bundle wrapped in a new green garbage bag,
Starting point is 00:36:14 quote, with just enough of a $20 bill sticking out. They had found the ransom money. and it was all there. After extensive photos were taken of the scene, the pile of money was moved to a police vault, protected by armed guards until Mary's family could come and retrieve it. Now that the money had been found, the police focused on the final task,
Starting point is 00:36:41 catching the kidnappers. It might have been a difficult task, but an anonymous tipster suddenly came forward with some critical information. The tipster told the police that heard five men plotting the kidnapping and handed over five names as well as an address. They all lived in the same high-rise apartment building in Midtown, Toronto, near Young and Eglington. The 28-story building was and still is called the Torrentonian,
Starting point is 00:37:13 and it had only been built eight years earlier in 1961. At the time, it was known as a part-a-old. building for young singles. Here's how it was described by the Globe and Mail, quote, The men in the building tend to be in their 20s with more prospects in business than pocket money. They say they were attracted there by the girls. The girls are bank tellers and secretaries, with a few airline stewardesses, and they say they moved in because of the men. The girls live three, four or five in an apartment so they can afford the rent. Their spending runs to clothes rather than furniture.
Starting point is 00:37:53 Parties are a way of life. Fire alarms are frequent and almost always false. The anonymous tipster was immensely helpful, giving police the exact floor numbers that the five men lived on, and that wasn't hard either because two of them lived on the 22nd floor and the other three lived in a penthouse apartment on the 28th floor. The Globe and Mail reported that they paid. paid $290 rent per month for that three-bedroom penthouse, which adjusted for inflation is about
Starting point is 00:38:28 $2,300 a month. Of course, things look a bit different when adjusted for today's rental prices. You won't quite get a penthouse, but you'll have a good chance of being chosen to rent an old basement with mouldy carpet, creaky floors overhead, a broken AC unit and tragically a landlord that might shoot you if you complain, but I digress. These five names and details given to the police by the tipster, combined with the statements given by Cliff and Mary Nellis, the tips from cottages up at Muscoca, and the items found by the canine search,
Starting point is 00:39:06 were enough for the police to apply for five arrest warrants. On Friday, September 12th of 1969, Five days after Mary was kidnapped the previous Sunday night, the police showed up to the Torrentonian, where they arrested three of the men in the middle of a poker game. The youngest was 23-year-old Peter Burns, a transport company employee from a fairly well-to-do family. 27-year-old Michael Whiteside was also from a wealthy family.
Starting point is 00:39:41 He was a printing salesman. The oldest was 30-year-old John. Rogan, a real estate salesman, who was also from a prominent and wealthy family in Ottawa. He reportedly dropped out of his private school to come to Toronto and had a strained relationship with his family. The press also reported that he was sensitive about being older than the others, and he was prematurely balding. He often wore a toupee. According to a feature article in the March 1970 edition of Startling Detective magazine, quote, The trio were the last persons anyone in the world would suspect of such a desperate crime.
Starting point is 00:40:26 There was nothing in their backgrounds to indicate any association with criminal elements. But the police knew that while these three men were involved in the kidnapping, none of them were the ringleader. As you'll remember, investigators had, asked Mary's wealthy uncle Nelson Morgan Davis if there was any chance that the kidnappers could be a family acquaintance, and he said absolutely not. So they were all shocked when the police named Mary's ex-boyfriend as the ringleader of the kidnapping. 26-year-old Gary Adams would be described by the press as good-looking, dapper, an affable, fun-loving guy with a keen sense of humor.
Starting point is 00:41:13 and the typical young businessman about town. Gary Adams was one of the names given to police by the anonymous tipster, but he had previously come up in another area of the investigation. While most of the phone calls related to the kidnapping were received by Cliff Nellis at various payphones, the Globe and Mail reported that Mary's father, Marshall Davis, received a single phone call from the kidnappers, at an unlisted phone line at his home.
Starting point is 00:41:46 He contacted the police immediately to let them know that only family, close friends and a few business associates had the number. He'd given the police a list of names and Gary Adams was one of them. In a press conference, Mary and Cliff Nellis said the arrest announcements were a great relief to them. And when it came to Gary Adams' involvement, quote, It's a very great shock to all of us, something that was completely unexpected. The Davis family couldn't understand why Gary would arrange something like this. Gary and Mary dated on and off for about five or six years.
Starting point is 00:42:29 Several newspapers quoted friends of his who suggested they'd gotten engaged, twice, but Mary set the record straight. They were never engaged. Gary was a swinger type, a person who loved parties and the high life, and they ended their relationship on good terms. Mary ultimately wanted to settle down, and it wasn't long before she got serious with Cliff Nellis, but Gary remained in contact with the Davis family and was considered a family friend. So he wasn't a jilted ex-lover keen on revenge, but also he didn't exactly need the money. He did very well for himself already, earning good cash managing the Toronto branch of a company that printed menus and stationary for hotels. He lived in the penthouse
Starting point is 00:43:20 apartment with two of the accomplices, a place they easily afforded. It didn't seem likely that Gary was motivated by revenge or financial problems. Mary's family couldn't understand why he would want to kidnap her. Gary Adams was arrested with the fifth kidnapper, 25-year-old Ralph Cameron, as they stepped off a plane from Montreal where they'd been partying for a few days. Ralph worked at the printing company Gary managed and lived in the apartment on the 22nd floor with John Rogan and his toupee. After the police announced they had arrested and charged these five men with kidnapping and
Starting point is 00:44:04 conspiracy to kidnap, the press raced over to the Torrentonian and went door to door asking other tenants if they knew them. Those who did were shocked. The common sentiment was, quote, they were all really nice fellows, they were bright and lots of fun. The building superintendent also gave them a glowing report, quote, really good boys, really nice kids, and we never had one bit of trouble from any of them. But the police weren't quite finished yet. There was one more man involved in the kidnapping, bringing it to a total of six. The next day, police announced they had arrested Richard Yoert. The 26-year-old didn't live in the Torrentonian, nor was he described as a swinging bachelor or a promising businessman. Richard Yoert was a police officer with the Toronto Metro Police
Starting point is 00:45:01 police. At a bail hearing for the six men, the courtroom was jammed with more than 200 spectators. The Globe and Mail described the men as smartly dressed and well-groomed bachelors, certainly not the type to commit such a crime. Their separate defence lawyers tried to argue for a reduction in the $50,000 bail, arguing that the kidnapping of Mary Nellis wasn't the work of master criminals, it was simply a prank that got out of hand. The judge pointed out that the charges were extremely serious, and while the men might not have felt like master criminals, they certainly acted like them. A Canadian press reporter noted that Richard Yoert was far more nervous than the other five men appeared to be. Quote, his lower lip kept twitching and he seemed to be
Starting point is 00:46:00 listening intently to his lawyer's plea for reduced bail. He reportedly resigned from the Toronto Police Force within hours of his arrest. The bail was kept at $50,000 for all six men. They were headed for a trial and they all planned to plead not guilty to charges of kidnapping and conspiracy to kidnap. But on the day the trial was due to begin, everything would change. On October 28th of 1969, Gary Adams and the four men who lived with him in the Torrentonian changed their pleas to guilty for the charge of kidnapping. The Crown agreed to drop the conspiracy charge. The only one who didn't change his plea was former Toronto Metro Police Officer Richard Yoert,
Starting point is 00:47:13 who would go on trial a few months later in February of 1970. The story of what happened. behind the scenes of the kidnapping comes from the agreed statement of facts from the five men who pleaded guilty and their testimony at Richard Yoert's trial three months later. Richard himself would also testify. Gary Adams had the idea for the kidnapping about two months before it happened, and the first person he brought on was John Rogan, then Peter Burns, Michael Whiteside and Ralph Cameron. Michael Whiteside had been friends with Toronto police officer Richard Yoert for a number of years.
Starting point is 00:47:56 When he told him about the kidnapping plans, Richard said it was wrong and told him to forget it. A week later, Michael invited the police officer over to the penthouse and that's where he met Gary Adams. They got to talking about the kidnapping scheme and Richard would testify that he tried to talk them both out of it by pointing out the consequences, possible life in prison, and all the things that could go wrong. What if the couple weren't alone when they arrived home? What if the car transporting Mary to Muscoca was stopped by police? There would for sure be police surveillance that would make retrieving the ransom money difficult, and the bills might be marked and traceable.
Starting point is 00:48:43 But Gary was not scared off. He offered the police officer $150,000 if he participated. Richard testified that Gary also spoke in detail about Mary Nellis and her family, particularly her multi-millionaire uncle, the mysterious businessman known as N.M. Davis. Gary didn't mention anything about Mary being his ex-girlfriend, but he did say that this wouldn't be the first time that a Davis family member had been kidnapped. and after that Nelson Davis had stated he would rather pay the ransom than see any of his family members harmed.
Starting point is 00:49:24 This wasn't at all true. There had been no previous kidnapping, but Gary Adams was a good salesman and a good liar. It worked. Richard started to get the distinct impression that Mary Nellis herself was in on the kidnapping scheme. This made it less serious in his eyes. So at that penthouse meeting, Richard declined to participate, but afterwards he contacted Gary Adams separately to tell him he'd changed his mind and decided to go along with it, but he asked for Gary to keep his involvement a secret, particularly from Michael White's side.
Starting point is 00:50:05 Richard Yoer didn't want his friend to know he was involved. Richard testified that he had to be. no intention of sharing the ransom money, even if the kidnapping was successful. His goal was to try and sabotage the kidnapping before it even happened. He acknowledged that he could have reported the plans to his superiors at the Toronto Police, but he said he was worried that he would be disciplined or dismissed from the force. Richard said that one of his sabotage strategies was to show up in full police uniform at the print office Gary Adams managed to try and talk him out of it.
Starting point is 00:50:46 Quote, I felt the uniform would have a psychological effect on Adams and I could intimidate him into calling the whole thing off. The visit made no difference to Gary though. He insisted that Richard remained involved and told him he'd set a date for the kidnapping Sunday, September the 7th. Gary seemed to know all about Mary Nellis and her plans for the day with her husband, and the fact that they'd be home later that night. Gary also mentioned that Mary's millionaire uncle Nelson Davis would be in Toronto at the time, convenient access to the ransom money.
Starting point is 00:51:26 Richard was now convinced that this information must have come from Mary Nellis herself. Quote, the way it was related to me, I thought that she knew exactly what was going to happen because she helped formulate the plan. Richard believed the scheme amounted to extortion, but in the form of a kidnapping. The gang split into two separate crews and had a number of planning meetings. They did a series of dry runs up to Muscoca
Starting point is 00:51:57 and came up with intricate plans for communication involving various landmarks and pay phones. Richard testified that he tried to talk Gary Adams out of it again pointing out the risks and the consequences, but Gary's mind was made up. On Sunday, September 7th of 1969, Gary and two of his accomplices attended the same Toronto Argonauts football game
Starting point is 00:52:26 that Mary and Cliff Nellis were at. They watched the couple through binoculars for reasons that weren't explained, and after the game, when Cliff and Mary presumably went for dinner, the three men meant back at the penthouse to finalise their plans. Tonight was the night.
Starting point is 00:52:45 They typed up the four-page ransom note and then it was time to get moving. The men had been split into two teams in two different cars. The first team in one car was Toronto police officer Richard Yorrett, as well as Ralph Cameron and Gary Adams. This crew would be in charge of waiting
Starting point is 00:53:07 for Mary and Cliff to arrive home, ambushing them and tying them up. Gary Adams had originally planned to stay in Toronto to establish an alibi, but he changed his mind at the last minute and decided to go just to personally supervise. The second car would be driven by Michael Whiteside with the crew of John Rogan and Peter Burns. They would come later and wait for the first crew to bring Mary out of the house. Then they would drive her north to the Muscoca region. Although they had rented a cottage up there as a base,
Starting point is 00:53:46 they planned to keep Mary in the car as it was less risky. Their hope was that her wealthy family would rustle up the ransom immediately and the whole thing would be over very quickly. The first crew left for the Nellis home at Claremont, with Richard Yoirte driving the car. When they arrived, he told Gary, Adams and Ralph Cameron to wait outside while he entered the home for a preliminary check. With his police knowledge, he would be able to identify potential risks like an alarm system.
Starting point is 00:54:22 But Richard testified this was just a ruse. He was actually looking for a way to sabotage the kidnapping. He ended up sitting down with the Nellis's German Shepherd for a while to rack his brain. Evidently, the dog had no issues with these intruders. Richard had an idea. He suddenly ran out of the house, saying he'd seen someone inside and they had to leave immediately. The three men ran to the place they'd hidden the car, jumped in and drove to a nearby intersection to regroup. Gary spotted a pay phone and called the house.
Starting point is 00:55:01 No one answered. He told Richard it looked like no one was home after. all and said they were good to go back and pick up where they left off. At this point, Richard told Gary he'd lost his nerve and didn't want to participate anymore, but Gary convinced him that he should stay. Richard again tried to pull out later as they waited for Cliff and Mary to arrive home, but this time it was Ralph who convinced him to wait a little bit longer. Just after midnight, the house suddenly lit up with the glow of headlights as Cliff and Mary Nellis arrived home. Richard realized he was going to have to go through with it.
Starting point is 00:55:44 His role was to subdue Cliff while Ralph subdued Mary, and according to the couple, that's exactly what they experienced. Except Richard testified that at no time did he attack Cliff or strike him with his fist. He simply tripped and fell and Cliff toppled over alongside him. The former police officer was trying to downplay his involvement to demonstrate that his intention was to sabotage the kidnapping. He said he wanted to give Mary peace of mind, so he told her that no harm will come to her.
Starting point is 00:56:21 And he testified that he was supposed to disable their home phone, but he deliberately left it intact in case Cliff wanted to call the police after they left. But Richard Yoert also had to acknowledge that his voice was the only voice heard by Cliff or Mary. He was involved in blindfolding them, tying them up and gagging them. It was he who gave Cliff the ransom note and told him his wife had been kidnapped. And he may have left the phone intact, but he also ordered Cliff not to contact anyone
Starting point is 00:56:56 until 5.30 a.m. and threatened him that if the person, Police were contacted at any time, Mary and her family would be killed. It was a funny way of sabotage. But with that, Richard Yorot's role was over, and Mary was now in the car being driven up north. Of course, Cliff Nellis did exactly what he was told. He waited until 5.30 and then proceeded to the payphone at Bayview and Shepard in Toronto,
Starting point is 00:57:28 just as he was instructed. John Rogan acknowledged that he was the kidnapper on the other end of the line. The next day, Tuesday, the kidnappers confirmed they had accepted the reduced ransom amount and provided Cliff with a new set of instructions to drive up to Muskocha and drop the money at a certain spot. Two of the kidnappers were hiding nearby, watching through binoculars as Cliff made the drop off, and after he drove off, they ran out and grabbed the two bags of cash. They had no idea that the police were involved,
Starting point is 00:58:09 no idea that Cliff's car had been fitted with a vehicle transmitter. They also had no idea that luck was on their side, and the transmitter had stopped working. Back at the rented cottage, the men inspected the cash and were dismayed to see that there were brand new notes that would have transferred. attention. A decision was made to transfer the cash to a garbage bag and stow it under the overturned wheelbarrow until they could decide what to do with it. While the police suspected that the kidnappers had holed up at the cottage, they actually hadn't. As soon as the transactions had been completed
Starting point is 00:58:52 and the money was stowed in the wheelbarrow, they threw the typewriter, walkie-talkies and binoculars into Lake Joseph and prepared to head back to Toronto. Unfortunately for them, they didn't throw everything out. They left behind several items, including the binocular case, bandages and tapes, gloves and foam rubber padding, which would be found by Kanaka the tracking dog a few days later. By the time the men started driving back to Toronto, the police had started to set up roadblocks and they were pulled over.
Starting point is 00:59:28 Their car was searched. They answered the questions appropriately and were allowed to pass through, probably because they were all clearly middle class, neatly dressed and groomed. Whatever the police thought kidnappers might look like, this wasn't it. By the time all the roadblocks were in place and the traffic started backing up on Highway 400, the men were back in Toronto celebrating. Well, five of them were. Former Toronto police officer Richard Yoert
Starting point is 01:00:10 testified about his state of mind. Quote, There I was in uniform in a police car sworn to protect and serve the public, and yet I had failed both as a policeman and as a man. He did show up for work the next day but couldn't concentrate, so he called in and went hunting.
Starting point is 01:00:31 Quote, I just wanted to be a lot. and I was sick about thinking what would happen if I was arrested. Life in a penitentiary for an ex-policeman is not the most envied one. He suspected it was just a matter of time before the police were onto him, and when he was arrested a few days later, he told the arresting officer, I'm glad it's all over. At his trial, Richard's entire defense case was that he did participate in the kidnapping, but his intent, his motive, was to sabotage it and stop it from happening.
Starting point is 01:01:11 Several of the other kidnappers backed up his story and agreed to testify for the defense. The common theme was that they considered Richard Yoha to be an upstanding citizen, and Gary Adams was a domineering and persuasive person who manipulated people with ease. Every time Richard popped out of the proverbial box to stop the plans, Gary would stuff him back in and slam the lid shut. Gary Adams himself acknowledged that this was all true. Quote, I persuaded him to come back in and I feel badly about this now.
Starting point is 01:01:49 He confirmed that Richard appeared extremely upset about the whole thing afterwards. Quote, sick at heart because of what he had done and because he had destroyed the image he was so proud of. But several Toronto police officers testified for the crown that they weren't so sure. They weren't Richard's co-workers, but the officers who processed his arrest, and they reported several strange things that he said to them.
Starting point is 01:02:17 Like the fact that he told the fingerprint officer that it was a pointless exercise because he'd worn gloves. He disclosed to another officer that the gang's original plan was to hide the ransom money and split it up. And when they saw it was brand new bills, they actually considered burning it for a while. He also asked a lot of questions about his potential for jail time. These officers didn't get the impression that Richard Yoert was a completely innocent party.
Starting point is 01:02:50 In closing arguments, Richard's defence lawyer insisted that the former Toronto police officer had been misled into participating in the scheme and that he had no criminal intent. He never wanted the money and was trying to sabotage the plans the whole time. But the evidence suggested he was more conflicted than that, with one foot in and one foot out the entire time. There's obviously a reason why Michael Whiteside felt comfortable to tell him about the kidnapping plot in the first place. The judge pointed out that even if Richard's participation in the kidnapping
Starting point is 01:03:28 was only to convince the others to call it off, it was very little defence in view of what he actually did. Quote, he might have been a reluctant participant, but he was still a participant, and that is what he is charged with. Gary Adams and the other four men who already pleaded guilty were facing life sentences in prison, and if Richard Yoert was found guilty, he would be too. The jury delivered a verdict of guilty,
Starting point is 01:04:00 and the judge sentenced the former police officer to 12 years in prison, pointing out that violence against other people is always dealt with severely by the courts, and Richard had many opportunities to call it off, but he didn't. At the sentencing hearing for the other five kidnappers, their separate lawyers argued that they deserved lenience because they all pleaded guilty. They had no criminal records. that assisted investigators after their arrest, and they apparently went to great lengths
Starting point is 01:04:35 to ensure that Mary Nellis wasn't physically harmed. The judge agreed with all of these points. Evidently, the emotional and psychological harm of being kidnapped and held for ransom in the back of a car for 36 hours didn't really warrant consideration in 1969. Mary's ex-boyfriend, 26-year-old Gary Adams, the admitted ringleader of the kidnapping, was given the longest sentence of 15 years in prison. John Rogan and Michael Whiteside were sentenced to 12 years,
Starting point is 01:05:11 the same as former police officer Richard Yoert. Ralph Cameron and Peter Burns were sentenced to 10 years. A Canadian press journalist described several of their relatives and friends, who were women, bursting into tears as the sentences were announced. The whole story was now out in the open, but there was one major mystery remaining. What was the motive? Why did Gary Adams want to kidnap his former girlfriend, Mary Nellis, for ransom? He never provided an answer. Because he pleaded guilty, he only had to disclose what he did in the agreed statement of facts, not why he did it.
Starting point is 01:05:57 It seems the most likely explanation involved a bunch of bored bachelors who needed some more excitement and a wealthy family that were seen as fair game. According to OPP Inspector William J. Lidston, these five men were intelligent, educated people. He would tell Startling Detective magazine that, quote, if they had put that amount of planning their specific talents and care into a business, they would probably have been an astounding success. While all six men had been given sentences between 10 and 15 years in jail, it would later be noted that they were given far more lenient treatment
Starting point is 01:06:48 than others in their position would have been. They were approved for numerous absences, work leaves and day parole well before they were eligible. Gary Adams was even allowed out of prison so he could operate a ski resort near and he was only required to spend one night a week in custody. Prison officials raved about Gary's work at the ski resort. After just two to three years, the parole board approved full parole for all six men. At the time, the board had a lot of discretion,
Starting point is 01:07:26 but the general guidelines stated that a prisoner could be released on parole after that served almost a third of their original sentence. The fact that these men had not caused much public outrage. In a letter to the editor of the Ottawa citizen, a reader wrote about the quote, recent unparalleled leniency of the National Parole Board toward the wealthy playboy kidnappers in the Mary Nellis case. This reader pointed out that their wealthy and influential family members
Starting point is 01:08:00 wrote letters to the parole board offering extraordinary excuses for why the sentences imposed in court were far too high. Quote, I am constantly amazed by press accounts of the excuses that can be made in favour of the wealthy or eminent to lighten penalties. Is it any wonder the Canadian system of justice is in disrepute? The outrage prompted a Senate inquiry into the parole system, which heard that the early release of the kidnappers caused much upset and bitterness among other inmates.
Starting point is 01:08:40 65% of prisoners incarcerated at the time were for property offences that didn't involve violence and many of them had families on welfare. Why were they not allowed to provide for their own families while the six men convicted of a violent kidnapping were given special privileges leading to a very early parole? The chairman of the Parole Board of Canada, George Street, defended the board's decision to release them early.
Starting point is 01:09:10 He stressed that everyone is treated equally, but pointed out the kidnappers were middle class, had jobs waiting for them and friends and relatives to help keep them on the straight and narrow. The board saw a change in attitude and were certain the man wouldn't commit any further crimes. The chairman then referred to the kidnapping as, just a stupid prank. It's shocking to look back and see just how much the physical and psychological
Starting point is 01:09:41 violence involved in the kidnapping of Mary Nellis was downplayed several times in the criminal justice system. The 26-year-old had been ambushed, blindfolded, gagged and tied up so tightly that she had bruised wrists and a swollen nose. For 36 hours she was kept in the back of a car, just one glass of orange juice, terrified that she was going to be killed. Despite the fact that she wasn't ever asked to describe how the ordeal impacted her, various men had no problems announcing repeatedly that it was just a silly prank that left her physically unharmed. Mary's father, Marshall, and her uncle Nelson continued to live low-profile lives. But in 1979, just 10,000. 10 years after the kidnapping, 72-year-old Nelson drowned in his own swimming pool in Phoenix, Arizona.
Starting point is 01:10:48 The papers described him as Canada's richest man. Cliff and Mary Nellis went on to have two children and were happily married for almost 50 years until Cliff's death in 2018 at the age of 78. His obituary paints a picture of a gentle man with a generous spirit who was happy. when surrounded by family and friends. Neither he nor Mary ever spoke publicly about the kidnapping again. Thanks for listening and special thanks to Alan Bond, the daughter of Constable Ernest Bond who found the money under the wheelbarrow. Alan contacted me a while ago to suggest this case
Starting point is 01:11:42 and sent over some great photos that will put up on the Canadian True Crime Facebook and Instagram pages. Alan was just a small child at the time, but she has a vivid memory of being in the car with her mum and hearing her dad's name on the radio after he found the money. She also managed to track down a rogue copy of the March 1970 edition of Startling Detective magazine, which included a lengthy feature on the case, which was incorporated into this episode.
Starting point is 01:12:14 We also relied on the Globe and Mail's historical archives and other news clippings from the Canadian press. For the full list of resources and anything else you want to know about the podcast, visit canadian truecrime.cai.a. Canadian True Crime donates monthly to those facing injustice. To commemorate Pride Month, we've donated to the Canadian Center for Gender and Sexual Diversity, who provide education, research and advocacy to empower gender and sexually diverse communities. See the show notes to learn more, and happy Pride Month.
Starting point is 01:12:52 This episode was researched and written by me. Audio editing and production was by We Talk of Dreams, who also composed the theme songs. Production Assistance was by Jesse Hawke, with script consulting by Carol Weinberg. Narration and sound design was by me, and the disclaimer was voiced by Eric Crosby. I'll be back soon with another Canadian true crime episode.
Starting point is 01:13:16 See you then. You know,

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