MAXIMS OF A

ii-

for others. another to m when opportunity presents

. ul l. emu-

'u.ii iili|:n u i t s i g ii Iii

enry i MacAlee

slaughter Begun.

MORNING SESSION

. athieson.

th intent to steal.

oady. James Finlay. Maurice O onneil. Daniel

D1811.

the evidence given Magistrate.

thing."

had been going on lately.

' Magistrate.

Y- pen to it in the winter season, who

. Announcements, Coming Events, _n Meetings, Et

.1

312 Fitzroy Street, Box 151.

dance.

nesday. July 4th.

River Hall July 8. W 0434-0-30'5Wll- stopped. I laid the informatlon., I

niwnys innnnnr Mimnieer was i, to the jury to infer a criminal in- 1 "York Rifle Club general shoot. decent chin,‘ so I was surprised w tent from very small circumstances.

31:22:

Wednesday afternoon. Jilly 4th.

\-

i‘. ,.-, “Reserve Thursday. July 12th for day Marshficld Presbyterian festival.

0537

12th. i

"Come to the lawn party and ance at Bonshaw Wednesday, July th. 6517

"Dr. Cllft, M.D.-Start now home vrsvontlon cure. Purdy Station, Westchester Co., N. Y., U. S. A.

8-13-3 mos.

"The parishioners of st. Anth- ny's. Bloomfield. will hold their icnlc on Wednesday, July 18th.

- "Remember the Tea at West ,,, ovehcad United Church on July

iii be held first flno evening.

"The Annual picnic of Hampton. ‘ nltod Church will bs held on Tues-i

' by. 10th. inst.. at Victoria. on the' .. untls of Mr. Wm. W. Lea. If not ne will be held on the following - 6520-74-31

Tho Harrington Woman's Insti- te intend holding an lee-cream tival. Il‘riday.'July 0th. in Ciphas rd's field. If not fine will be held , ~ e next night. Tea and Sandwich-

also served. 0610-74-81

"Th9 "mull Parade and service l Kind William Lodge. Kingston,

_ili be hald Sunday. July 8th. at 3 "~ eiwlr. in United Church. Rey. Dr. 8M0 cord

I01‘ Protestant

. Offq-Ing . eived ol-oilsnns. esai

"Tl" ratepayers of Glendon-a- dalc School district hereby give no- auomeglimnflfllflth Animal Act B

uomnnd, this season. Leo

W!

in)’. i,

MERCHANT

Ii ls my to preach prohibition

Subscriptions Delivered $5.00 and U. B. A. $4.50

TiHydro-Electrio

- Found “Not Guilty” —Trial of Archibald MalcKlnnon on Man-‘ Charge

- At yesterday morning's session of 0f 0V6!‘ 2.000.000 liflfsellower and will Supreme Court. the first cascileilulffi Bil BBKPBHMB direct invest- , the criminal docket was heard iieforc His Lordship, Chicf Justice The accused was Henry Mac- eer. charged with housebreaking

I Tile jury consisting of Bernard

Ready, David Proud. William Cunning, JohnJ. MacDonald, Roderick MacDonald. yinrenzo Smith. Charles Roe, James onaghan and Seymour Murphy. - as duly sworn in. They selected ‘ ‘slohrl J. MacDonald as their forc-

The Crown was represented by Attorney General Saunders, and the accused by Mr. J. J. Johnston, K. C

Opening the case for the Crown.

the Attorney General explained to '. the jury the offence with which the prisoner was charged. Ho reviewed by George Dorkendorff, before the Stlpendiary

. 0n Monday. he said the prisoner ‘ had gone to Dorkehdorff asking him, "For God's sake not to do anv- But Dorkcndorff replied that too much of that sort of thing

So information was laid, and the case brought before the Stipcndialy

George Dorkendorff (sworn) ex- . amlned by Mr. Saunders. Said that - he lived at York Point and knew ’ Mr. D. Edgar Shaw. He explained that he was in charge of a summer icottage owned by the latter. and ‘ that part of his duties was to re- port any damage that might hap-

"THE “GARDEN 0F THE GULFItO break the lock. Prisoner replied, ~ Magazine." An Island monthly. firstr-a suck-y number issued. July 26th. Address needn't tell me that. A stick won't

"Cardinal-Friday. his Show and trial before the Magistrate." said 4 witness.

"Milton Tea and Bazaar. Wed" 39- there until a couple of weeks ago.

"Come to ice cream at North

"Notice -- Borden Live Shipping

6439,5414“ Wednesday, July 4th. Signed JM-

‘actlse it itself.

‘qfnw M n1‘ v,“ ‘

Readby Everybody

Covers PITIIOGiEdWSPIiE Island Like the Dew

" Power In Canada

t

(Special to The Guardian)

iturbine capacity wil r entirely new devel ment or in ad- ditior. to existing hydro-electric sta- tions in Canada, according to data lust compiled by the dominion wat- erpower and reclamation service of the department of the intcrioi' and [under the direction of J. T. John- ston.

The large number of undertakings in the initial stages of construction and others in active prospect will, when completed within the next few |years result in an addition to the total installation in the Dominion

lrnent of over $200,000,000.

he ice was made and people were able to cross. He stated that he know the prisoner at the Bar- Henry MacAleer-had known himl for twenty years.

He then described the events of 19th February last.—-how he had seen two men crossing the ice, who left the beaten track. and who he did not see ascend the bank. He went down to the bungalow. and found two men inside it. The pad- lock had been broken off, and lav on a bench near by. Witness then went on to explain that all the doors and windows of the bungalow were tightly fastened. He lived 300 yards from the bungalow. and visit- ed it at least three times a week. Previous to Sunday, February 19th, there had been no one near it, and no tracks.

when he encountered the men in the bungalow, he stated, pris- oner said. "I didn't break in; the bungalow was open." Witness said. "You needn't tell me that; there is the padlock." The padlock was lying on a bench beside the door. At the request of Counsel, witness describ- ed minutely how padlock and hasp were arranged on the door. He des- cribed also the damage to the pad- lock, hasp and door, caused by the force used in making an entrance.

The other man told witness his name was Machean. He did not- know the man. Dorkendorff told prisoner he was surprised at o. mall like him doing such a thing.

Asked as to the snow. witness said there had been a light fall of snow on Saturday night. and no‘

r. i

of MacAleer and the other man. f On Monday morning. MacAleer visited witness. He said. "For God's Sake give us another chance. I'll pay the damage." Witness told him there had been too much of that Qsort of thing going on. and some- |thing had to be done about it. Wit- ness asked prisoner what he used

Witness replied. "You cut iron."

"I didn't see him again until his

Cross examined by Mr. Johnston. I am a bachelor and lived alone

be installed in‘United States.

other tracks were visible save those.‘

necessarily a criminal offence. It may be simply a trespass. It may! be a very aggravated trespass, and one in which large damages could.

there is something more requiredl than the mere breaking and enter- ring of a dwelling in order to con- stitute a crime. There must be tile

CHARLOTTETOWN, CANADAT WEDNESD

Royal Honor For . i Sir Esme Howard.

(Special to the Guardian)

h ambassador to the was received by the] ‘King today and was invested with: ‘the insignia of Knight of the. Grand Cross of the Order of the Bath.

committed with intent to steal the goods in the dwelling house. The Crown had not submitted any cvi- dence that there were any goods in

the house.

He drew the attention of the Crew Crown to a case which had comel _ ' before the late Judge Hensley in] ‘ Iwhich a man. Byers. was charged. HALIFAX» N s» Jllly 3 in a similar way, with breaking into lug Sl°“'l-"

a. shop with intent to steal. 'i‘here| were however. no goods in the shop

case the learned Judge instructed the jury to discharge their prisoner. Counsel went on to readfrom the records of the case in question. The breaking was established but the case failed because no intent to steal had been proved.

The court directed the jury that there is not sufficient evidence tn sustain an indictment. The jury found the prisoner not guilty. _

Mr. Johnston submitted that ill this case. the only offence com- mitted was trespass.

Mr. J. 0. C. Campbell, Crown, contended that the breaking itself constituted an intent. He quoted cases to uphold this point.

“What difference did it make if there were no goods?" he said.

The jury might find, if they

wished, an intent in default of ex- planation by the accused as to why ho was there. - Mr. Johnston further contended that, if a. man was indicted for breaking with the intent to steal goods which were not there, it would not lie, as the offence wes one impossible to be committed. Theonus was on the Crown to prove that there was such an in- tent.

Mr. J. 0. C. Campbell then sub-

mitted a motion that the words "to wit, to steal the goods then in the said dwelling" be struck out. Mr. Johnston submitted that it was too late a stage at which to alter the indictment. He submitted that. there was no evidence of an intent to commit any indictable offence.

to remain

IIIGTOUS

wind blew

there was any attempt made

ed by making it general? The breaking and entering of ajsclledulfi.

be recoverable in a civil action. but]

My own place was broken

see him there, and said so. 1 in- It does not appear to me to be snecied Mn gnaw-s premises ma; materialjor consideration at the week. wonidn-r swear iii/was on inri- present moment whether the bill of ' indictment stands as it is now, or the whether the court will accept the Crown's amendment. The question that is r Mn Jnnnsinn asked his Lordship now before the Court is whether o." ' Clllb not loading hogs until July in inniriici; m‘; jury that there was "05 "idle l5 all)’ BVlde-llde l4? 80 0° horse‘ racing] “t “All” 3533 no case‘ Ir was Se; out in inc in_ the jl_lry of criminal intent. or does mm" "B W 0" i- 1‘ siieclul in“ the breaking was the evidence merely establish be-iwllll "We ""563 Pulled Out ________ yond any dispute the fact that clmililltfiwwn-

This closed the case Crown. The defence called no witness.

for

dictment

. “One week from tc-doy eat fir‘ lgrand country supper at Cornwall.

I

6522 the accused would bo civil damage

9th, for the ice cream social

Brackley.

ut h 6484 I

"Buying live hogs. fat sheep, andi lambs. at Hunter River

E. Andrews. 350l

th. If weather unfavorable tea lllii Cdll-‘iolldilifld Bcllwl. Mt- Terll-icd open. and quoted the prisoner's

there was a breaking and entering beck- i _nn injury done to the ire‘, noid Oi mainly responsible for staging theqgullc a few the owner of the building for which race? the” ‘m Domlnlil" D55’ “'05 lull Bud AX iinbie for certainly doing some worr m I wouid near ‘my, nature proved kind and "Reserve Monday evening, July thing further that the Crown might “W” everything was cl" is bright sun was dryln I must s“ m“. at the presenintrack and spreading radiance over thr moment I am not able to appreci- everymlng‘ are me exmenw or evidence pm? conceive a more perfect afternoon beck, had the edgg on the station er to be submitted to the Jury upon unless objection could be taken that them, collec

this point) ‘it was a. trifle too hot. The torrents 0nd heats l‘

criminal intent. There must go be- inio fore the jury. in order to sustain, about two years 33¢ I riidn-i know such an indictment, some evidence who did it. I think its time it was °l lliul cilmlllfll linem-

It may be very slight. It is open

proposal to make an

It locked

ave to say upon that point.

Mr. Saunders said there was no of ram had

iinto a veritable mud pile yadditional evidence. He stressed the w m» n» b»- al: 2:422:21."

assistance of a number of automo-

off shore all

places.

through a dense fox early yesterday afternoon the British lightcruiseri which couid be sioien. and in "in; Dauntless, a unit of the North At-ithe Daun lantlc and West Indies squadron of the British navy, crashed on Tl'l-»

bune Shoals, well inside the harboriilnpaled on a jagged ledge that has} i

aboard all night.

cruiser came to rest with her forc- Pgrt up to the bridge resting on the‘ EH t l 5 arp ledges and inst night was or s were be ng made today to grinding steadily with the heavyiifgctiliiict cruiser on an even keel toi southerly swell; There was no wind. a? a 9 Smllplllg llel- Tonight the Water had risen rapidly in her low-lcnilsar lui’ 50"" °u i0 the city her bow cr compartments and it was thoughtilm l‘ “l5 m" m Seu- uli almust 00m- the bottom had been pierced in nu-Pllete "eversal t‘) her 905ml?" when

Wrecking experts-She who visited the scene said that it was unlikely the ship could be float- ed again and that

break up quickly. A life saving crew“ remained in readiness during the flight to go at once to the assistancelwolk 0f the would of those remaining on the ship lnldflY and u Smflll Th C t“ A m “agents the eveni n; dang“ craft surrounded the wreck at a itself? thgc is SIIO 00111130: an The Daumless Wus CulliIlE at SM.“ dlstanile thrqughtlut ‘he dal" attempt to steal goods’ becauss.flniifnx in the course of a reguiariwhlle the villages lining the western there is no evidence that there were summer Crulse Wlllcll Wiiuld have 511°" 0f the harm” 50W u" almost any goods in the dwelling, nor thatvmke" ll" l0 mil-ill’ DOrtS in the wmlmlmls stream wnMaritimc Provinces, Sinai any goo,“ is the case imnrovJNcwfoundland. She sailed from Ber- muda. June 29 and arrived here on

Quebec

Captain

___.______ most llnpromising for Blnggn Aubrey, o'clock-in the

Mr.

at

h

[Dailntlcss had mistaken Thrum Cap ‘buoy for Never Fail, the latter mar- king the fair way up the harbor. The cruiser was spoken by the pilot boat off Chcbucto head but in keep-I ing with naval custom, did not take on a pilot. A heavy fog had hung day and with only short periods of alternating bright-

if a southerly

l? up thc,in s

ert on July 4th. has been postponed; 2| indefinitely.

"Come to the ice cream social at

Pleasant Valley School on Friday evening. June 6. if not fine Satur- day. Proceeds in aid of Mission Band, 6500-7-4-2.

"Edgchill lite-union at Holland Cove, Charlottetown Summer Re- sorts on Thursday, July 12th, 2.30 —5.30 p. m. All past, present and prospective girls, staff and parents are cordially invited. Intending

guests please inform Miss E. A. Murray at the above address. . 8488-7-4-7-10

"Notice-Pic.

C. Phillipl. 0. N-i

ssov-r-l-al.

6508.

the undersigntidi hauls of Glasgow Road, 0Y5 l‘ ofiieiating, gm," log“; arolixgaodc Bridge, Harrington. Covehead‘stol1ped here there is uncontradict- hi; Road. Tracadie and Hlghfielri. ed evidence of the breaking and agree to close our stores every Wed- entering oi’ this dvwllillii nesday at noon during July. August tradlcted evl and September. Also other evenings ed was one at s o'clock. rsisnedi A- Milli-wil- A. Peters, u. oudmore. N. 6» J-i McDonald. Hughes, N. Frizzeli, C. McLean.

appeal to Mr. Dorkcndorff in have the case called off. This. he thought. ‘seemed to show criminal intent. He thought it was a matter for the jury. The‘ Court then addressed the iury as follows: "If the Crown were able to say that in the event [of the case proceeding further some additional strength could be givezl to the case as it is presented, then I would hesitate intake ihecourse r which I am about to take. But the Crown has exhausted quite evid- ently all the material that it had available. and has no responsibility i for going any further than it has l gone in putting before the court and ‘ jury the whole of the matter that is available for evidence. The result is that if the case

uncon- nce that the accus- thoso. or perhaps the

only one who effected this unlaw- ful entrance. Now. for trespass of that klnd the civil law provides e

,Verde. Princess Aubrey and Donna

bile owners who volunteered to drive around the course it was pilt in pretty good condition by start- ing time. Upwards of 2000 people were in attendance and enjoyed a snappy program of horse racing. The three heat plan, or every heat a race, was tried out for the first time and gave good satisfacticmthc afternoon's sport ending earlier ,than usual and there being no tire- some. long drawn out contests.

The 2.20 Trot. This had only three starters. Watts Edition being slightly lame it was thought better not to start him. leaving Peter

Harvester. Princess Aubrey and Peter Verde made an excellent race, finishes in all three heats being mighty close. The first two heats Princess Aubrey won by very small margins. In the third heat Peter Verde beat her out in a long sprint. Donna Harvester could not navig- ate through the heavy footing and was not a factor in any part of the miles.

The 8.27 Pace. This had flve

(Continued 0a Page l)

- starters. Teddy Jackson. Bud Ax- . worthy. Dixie Marque, York Olaand the heavy track was against

it was not believed the vessel's po-‘ It was understood from informs. sition had been rendered any more.

tion gathered by those on salv '

for thqvessels, that the navigator cf

lbrill

and Pass through their tw from early morning to late at night as thousands sought the headlands. _ Macphcrson of the lower harbor dwelling. stundinfl alone, is not would give our, no official statement the death struggles Ito reporters and at seven dclocldwar‘

2,000 PEUPLE Ei00Y 0000 liKni hts have made ex nsive m. AT

train Major Aubrey, but from illness it was 980F811 Cflll- race him.

of Summerside, who was his first, a

The

more. Prince

I

safety in

ground the led bowels of the

expanse of iron and steel quivered? up the Dauntless would with ever-l’ Eillidlng motion. i Perfect visibility, a calm sea, and

cughout. It would be hard to ever, well pi

Jackson

a worthy son of

Predictions are be will win the Marft lfax his year. Mack Todd went one Course. John B. Cobb of the best races of his entire car- eer and Rankin McLairle oarrle in flwli Mid for quite a lot of congratulations on his showing. La Rico and

LATER

HALIFAX, N. S., July IL-Deeply

' hopeless.

Efforts to get the Dauntless off: the rocks were practically dlseon-. tinued when it was found that a‘ dozen or so boats pulling together failed totakc any effect. It is be- lieved the only possibility of raisin the vessel is to strip her of guns.‘ stores and ballast which would re-i quire several days of calm weather.‘ A heavy sea or a blow would quick- ness had shrouded the harbor. The u’ make u" end 0i ilw cruiser ac- Iclording to the belief in marine cir- c es.

struck. Every

iant sunshine

of

Princess Aubrey, Teddy J a c k S 0 n and Worthy Louise Win Their Glasses. -- Three Heat Plan Tried For First Time Proved Most Satisfactory. .

pole in the last eighth and very Dixie Marque (McIntyre) nearly copped the heat from Teddy Yurl! 01B (Miillllllfl) . . . . . .. . ‘This race was a good con-‘ test with quits a few thrills. This brought outi Worthy Louise, Mack Todd, Peggy‘

2.30 Trot.

Longset, La Rico, Lacopia Beauty and Devenport Prince. all good trotters with great promise. thy Louise won in straight heats, but in every case was extended al- most to her limit. She came from “will! Bfiul-IW (Btewllrt) behind with great rushes of speed winning each heat by a length or In the first heat Devenport iuuvwlus parties: of‘! until about twenty yards from the wire. wheni he made a break. being then passed} by Mack Todd. who finished sec- ond. Devenport Prince showed that he was a real trotter yesterday and pet-imp poi-cum starter and announced to the satis- lng mule ma; he, faction of all.