JANUARY 11; I952

rm: GUARDIAN. cuancorrsrown

PAGE ELEVEN

7H: WESTERN

GUARDIAN

PRINCE

COUNTY OFFICE 8 Summer Street. Summer-side.

Phone 8031.

News. Subscription . Advertising Bepresentatlven

GEORGE CLUW and House Phones:

The Guardian may be following stores

GEORGE WOTTON 6032 and 2452 bought at any of the ' in Summculde:

nail Bookstore, Summer Street: Gourllcs Drugstore. 21 Central street:

Kelly's News-stand. Water street:

Myra lloucettda Grocery. Second Street; 120 Russell Street;

Vince's Grocery.

Water street: service

Mark Gnutlct. 67 Granville street: Island lllotor Transport. E '1 Self- Drug.

K. 1. Wells In Kenslngton. wzs-rirruucu omen

Alberton: Phone:

..-SOUTH SHORE hockcy to- night, Bedcque Rink, Cope Trov- I," Rovers vs. Albany St. Pnis. Admission 25 and 85 cents.

JUY Smel . spgus, Twine, galvanized nails. nshmg rope and all trap building ma nghtng supplies at l3race's.

...1;f B, P. Powered Light Weight on, man portable Saws, will cart or fell 30 in. dianieter logs and times. only 5275.00 at Bruce's.

gag Nets. Eel

..BllY an ex-tTa:f3oodi'lch heavy duty storage Battery at ll.-aces. my good lights and quick starting in zero weather.

g0'LEARY PASTORAT. (7llAltGl'2.

The United Church of Canada. - Rgv, W. G. Dicksoii. B .l., Miiitstcr The services for Sutiday. J;uiuar.'Y 13th, are as follows:-Bloomfield at 11 A M. Brno at 2 P. M. West Devon at 3.30 P. hi. O'I.eziry at T30 P. M. Sunday School at 10.30 AM. All welcome.

,KENSTNGTON - )lAl.Pl'lQlll". AND FREETOWN Presbyterian Churches. Services Sunday. Jan- uary 1.'lth. will be as follows:- lienslngton ll A. M. and 7.30 PM.

Frank Weeks. Representative. 68-2 Office and 68-3 llouae.

-NEW LONDON PBESBYTEW IAN CHURCHES. - services sun- dny, January 13th. Long River 11.00 A. M. South Granville 230 P. M. Clifton 7.30 P. M. Rev. D. A. Campbell. Minister.

-ENGAGIGMENT.-Mr. and Mrs. G. Reginald Pope announce the en- casement of their daughter Mary Lois to FVO Vernon Louis Eham. son of Mr, and Mrs. L. M. Eham of Craik, Silsklllchewan. The mar- riage to take place early in Feb- ruary.

-CON'IEilIPT CHARGE .. Ir! Summcrside police court yester- day morning. presided over by Magistrate E. H. strong. K.C.. it was agree that a charge of con- teinpt aqslnst Mr. Elmer Murphy. crlilor of the Summcrside Journal and Pioneer, would be withdrawn when. at the request of the court, Mr. Murphy undertook to lsay, editorially. that his remarks in a previous editorial were not meant to be derogatory to the court. The Magistrate stated that he felt that through the editorial an at- tempt had been made to draw the court into civic politics. and that it was his opinion a statement had been made that rcflccted on Mr. D. 0. Stew-

the.

S'side Board Of Trade Meeting

At the regular monthly meet- ing of the Summersldc Board of Trade held last night in the Sum- mersldc Town Hall. it was on mo- tion decided to hold the annual banquet. meeting of the Board on Tuesday, January 22nd. In the absence of the president, Mr. Fred

Bell. the vice-president, Mr. A. S. Hopkins presided. A nominating committee was

appointed by the chair to bring in I slate of officers for the com-- ing year. Mr. J. F. Arnctt was appointed chairman and he is to be assisted by Mr. Donald Baker and Mr. Harold Rodd.

The secretary. Mr. Rodd. re- ported that a grant of 3500.00 from the provincial government had been received for the Tourist Bureau and that this was an in.

crease of 3200.00 over the previous year. - Mr. Fred Binghsm. reporting

for the marine and fisheries com- mittee. said that steel for the construclion of the Marine Wharf was on order. -

.Vai-ious matters were discussed without any definite action be- ing taken such as the matter of warning signals at the railway crossings in Summerside, the matter of zoning the town for fire alarms by tolling the bell, the eventual disposition of the Summerside town clock, but due to the small attendance at the meeting matters of this nature were laid over until further meet- lnS5.-S.

S'side Y's

Freetown 3 P. M. Rev. ll. C. Evans courtis integrity. will conduct the services. Rev. D.

A. Campbell, Interim Mcdcrator.i

NI-'BfSOlI3IS

Friends regret. the illness of Mr. James Campbell, Dzirnlcy, uho is

art. counsel for Mr. Murphy. chal- lenged the jurisdiction of Magis- trate Strong to hear the case, but suggested it was not necessary to go into this matter at the lime.

Alberlon and

g patient in the Prince County . . . Hospital. -Bur. Vgcgmfy Mrs. Mary Profitt, Burlington

her -Mr. Fred Leaviti: returned to and his home in Alberton on Jan. 9th., .nfIer undergoing surgical treat-

is spending a few days Wllh son-In-law and daughter. Mr-

m5' James BcmMd' Long E;::.lnlCllt in the Prince Edward Island Wllospital. ' -Pi-lends or Mr. Thomas Mill-

Mrs Alfred Gillis on the teach-

mnr.. Kensingtori. will be sorry to . t H r Nb 1 H. h Sch I learn that he.” n puthint um Iislgus Satictiit in etllignwclsfioiin 1&- Prince Count) Hospia S iiim Hm. dauphmn Miss

))il.:iI, Gillis is supplying for her.

Mn ry

side. -Bur.

Mr. Elton Woodside returned tol Mr. Arnold Mcummm and (mm his home M CHM9” ml s”turd35'. ily of Richmond moved to Alberton m0l'll1n8- January 5- lmm ii mp; ccently where they have taken up ll)" Plane 30 H5l”f3X- "9 W35 ac'il'ESIdOIlCc in the late Mrs. D. Mil- ccmpzmlcd by Mr. J. Lcightonliers house on Church Street. Mr. Stewart of Norboro who was the Mchenmn is employed as 3 Sales- Silesia Of hls hT0lh9T lllld 5i5'cr'Il'llan with Gordon's Garage, Alber- ln-law. Mr. and Mrs. Brcnion ton.

Stewart. Mb. Woodside was the guest of Mr. and Mrs. J. H. Mur-I

Mr. C. J. Bernaid. principal of

p1'l.V--Bllh p Alhcrton south school has entered Mrs. Vernon Wlllmms MI--.the Charlottetown Hospital for Edward Road. Ch!-1l'I0tl-Clown. 15 ircnlment. Mr. Jackie O'Brien has

par-ibeen cngziged in Mr. Bernard's ab- W..sence.

mending a week with her cnts Lt.-Col. and Mice. E. Johnstonc, Burlington. -Bur.

CAPITOL Summer-side

Tonight .......... 7:15-9:15

-F'.W.

Saturday 2:30-7:15-9:15

Lancaster-fighting, shooting, '- loving. ..in his list big lechnicolor western!

ml WALKER JOANNE SA I.I.Y

RU ' FORRES "JOHN IRELAND ' coiiius

Men's Meeting

The regular meeting of the Sumn-ierslde Y's Men's Club was held last night: after at recess for

"19 holidays and was presided over

committed on

(Continued from mu 1)

noon by an exchange between counsel on the admlsnsblllty of

It

the R.C.M.P. was on the

certain evidence which sought to Introduce.

Cpl. Strong. of Sourls detachment. stand under direct examination and In reply to a question by Mr. Campbell said it was not the first time he had dealings with the accused. Mr. McPhee objected to the statement And Mr. Camp- bell said be we: prepared. to argue the objection as be main- talned that It was necessary to show that motive existed.

Mr. McPhee said he assumed that reference would be made to a former charge against the ac- cused. but that this was another case dealing with a different. per- son. Hc maintained there must be a ruling by the magistrate as to whether when a person is on a murder charge questions can be asked about another case.

The Deputy Attorney General said this was another matter than that expected by Mr. McPhee and asked the witness if he had gone to the MacKlnnon home prior to his visit on the charge referred to by Mr. McPhee. Cpl. Strong said he had and on arrival saw accused sitting In his father's car in the yard. As a result of a con- versation with Mrs. MucKinnnn and her daughter Mary Estclic and as a result of the talk he had

Will

told accused to go away. Muc- Donald Immediately left.

A day or two later he had again seen MacDonald at the

Souris regatta and ate dinner at the same table with him. He told him he hoped things would quiet- cn down and he would stay away from the MacKinnon property.

Adlnlsllon of Evidence

Mr. Campbell then maintained that if the charge were only man- slaughter thcn the contention of Mr. McPhee regarding the admis- sion ol evidence of another cnsc would be correct. But, he added. in murder you must intend to do

by Mr. Harold Rodd.

Mr. Charles Wilkins of the Charlottetown club was a guest. Mr. Charles Lliilrlctter outlined preliminary plans for the forth- Clmlllls radio auction.

The lzuest speaker was Miss schurman. superlnlervdnnt of the Pllllce County Hospital. who thanked the members of the club

for the contributions of Chglaunas cheer and for the weekly showing of movies. She spoke of the fine structure of the Prince County Hospital and explained the set. up neressary to keep it running smoothly. She told of the respon- srblllty of the board of trustees in matters of finance and medical care. nursing staff and the train. lng of nurses and the health of the community.

qshc said that the hospital is a l-.4-bed institution and she out- lmec. the duties of superintendent, the buszncss manager. the nursing dcharlment. the training school officers as well as the require. merits that a girl should have who wishes to become a nurse.

She explained what it service

such public

as financial

contributions. relations.

cleanliness of

vlstlng hours donations oz radio, with earphones.

INCANDISCINT and HUOIISCINT

;

OAMEO THEATRE

KENSINGTON Frldsy-Saturday 1:16-0:18

3 :30-7-9 :15

Today 2 :30-7-9 :15

Saturday

REGEN

M " 8:80 on Salurdqy "ILLEGAL ENTRY" Based on actual files of U. S.

Department of Justice! First border traffic In human cargo. Starring George Brent. Howard Duff. Marts Toren. Also Serial and News. ' BORDEN I-'r'VescntI "KILL THE UMPIIIB" Starring William Bendix with Lins Merkel, Ray Collins and

Gloria Henry. Showing: Friday and Saturday. January 11th and 12th-7:15 and 9:15 P.M. Matinee Saturday - 2:30 P.M.

' OIIAPAIIO THEATRE Frldsy and Ssturdsy 8:30 "My Foolish Heart"

-Starring-

Dana Andrews, Susan Hay- ward, Kent Smith.

. Short Subjects

club could do to help a hospltall

pcople vlstlng hospitals. respect oi"

what you do do and referred tot prcmcdilation. In this case. he said. we have in murder where it ,must had been intended to kill Mrs. MacKlnnon. Motlvc is the Iessence of the crime and he re- iferrcd to threats of the accused which were put into testimony nt in previous session of the hearing.

He then asked the witness if Mrs. Macxinnon was with her

I

S'side C.Vl.L Monthly Meeting

(rho regular meeting of the Summersidc sub division, Catholic Women's League. was held on Wednesdey evening in the Knights of Columbus Home with the pres- ident. Mrs. Can-ol Delaney, pre- siding. The meeting opened with the league prayer. The financial report was given by the treasurer. Miss Margaret Wedge. and in the sbsence of the corresponding sec- retary. Mrs, Levi Gallant. the min- utes were read by Mrs. W. J. Sul- llvan.

Several letters were read ex- pressing thzmks for Christmas donations. There was one from

the Kinsmen Club'signed by Mr. Wally coulson expressing thanks for the donation to the Christmas tree. A letter of thanks was read from the Monastery of the Prec- ious Blood and there was s. letter from the secretary of the Holy Name Society, Mr. Leo Blncquiore. expressing the appreciation of the society to the league for catering for the Holy Name communion breakfast. There was also a letter from St. Mary's Convent express- ing thanks for a Christmas don- ation and for the gift of cod liver oil capsules for the pupils.

A motion Was passed to supply milk to s needy family and to supply cod liver QII tablets to an- other family. The lottery. which is being planned. Is set ahead until next month and it. was decided to hold a pantry sale in the near fut- urc under the oonvenership of Mrs Frank Arsenault. It was also re- ported that the members have- rommvnced to have card parties in their homes to raise funds for the wnrk nf the sub-division.

Following the meeting a social hour was spent. the lunch host- esses being Mrs. Wilfred Porry. Mrs, T. A. Perry. Mrs. Theodore

Inquest Opens Into Death Of No. Tryon Man

An inquest to determine the cause of death of On Samuels

of North Tryon whose death oc- curred in the Prince County Hos- pital on December 23rd was ad- journed last evening for two weeks pending laboratory tests being made.

Coroner Dr. Austin Delaney last night took the evidence of five witnesses.

Mrs. Jean Samuels, widow of the deceased, told of her hus- band's return from a visit to I neighbor and how she suspected that he had been drinking. She stated that he had added Preslone o the car in the afternoon-and had said that if he could not get the car started to go for more liquor he would drink Prestone. She said that he had been around the house and garage during the afternoon and had fallen asleep in

the house about 4:30. She had not awakened him during the evening for fear he would go

somewhere for more liquor. He was still asleep when she retired about ll:0O P.M.

Next moi-n;ng she found him in the same room where he had an-l parently rcmaincd all night. Ht-.l was unable to speak and from the appearance of his eyes she thought he had gone blind. Medical at- tention was summoned when hzs condition did not improve. He

was taken by ambulance to the Prince County Hospital.

She said that while he would take a drink nf liquor he wasi never an habitual or excessivei

drinker.

Frank Dawson. North 'I'ryon.. the second wrtness. said that he- and the deceased had two smnnp

Bernard, Mrs. Willard Doucctte. Mrs Clarence Steele. Mrs. Law-I rence Doyle. Miss Dena Gaudet. ?

-S.

.1 footprint near the dairy. He was using his flashlight at tho! lime and covered the print with! n board. There were several poo- plc in the house when he arrived. neighbors of the woman killed. On the 10th he also saw footprints in the strmvberry patch. His ulteri- tion was called to thcm by Con- stable Hogarth. lhe dog master, nnd he saw more footprints nn

daughter at all times when wit-

ness saw them. and if she were active in preparing the 0th?!” charge. .

Mr. McPlice again obyecied and

stated that murder is ll serious charge and nothing should be al- 'lowed In evidence regarding other Icharges. Magistrate MacDonald jnterjected a remark to the effect that motive was necessary in a pmurder charge. Mr.

gngreed but maintained the rule

fgoverning could not. be invokedl

ifnr that-especially in a case of

"murder.

' Mr. Campbell stated If there were no motive there was no murder, but Mr. McPhee felt that any reference to a llTeYl0"3 charge might prejudice 4: 18"

trial. He insisted that evidence to establish motive cannot be intro- duced If It might sbrogate a rule established for the protection of those accuse-dr.

After A brief recess Magistrate MacDonald allowed the evidence.

Cpl. Strong then resumed the witness stand and said that s do.V or two after MacDonald had been warned Mrs. MacKinnon and Mary. Estelle had visited the R. C. M. P. barracks In Souris. He had held conversation with both of them and as a result s charge was laid against the accused. He had attended the trial hearings and on all occasions Mrs. Mac- Klnnon was with her daughter.

Cross-Examination

Under cross-examination by Mr. McPhee he said he believed he had picked up the gun & the MacDonald home about n.m. on November 10. He agreed with counsel that at all times Mr. Aeness MacDonald. father of the accused. had been very co-Opel” atlve. He had held a warrant to search for the rifle on November 10, another on November 16 for a pair of wire cutters. and a third on December 5 to get samples of horsehair. He had also obtained a warrant to search another near- by farm for a rifle. . He identified the rifle which had been turned into the barracks as a result of the second warrant as an Estonia single shot .22 calibre. They were sold under that name by a national business firm but he did not think they had their own factory for mak-

ing them. In his earlier testimony Cpl. Strong said he had been In

charge of the Investigation from the beginning of the case. He had obtained the boots of the prisoner that same night. and the tops were noticeably wet. There was some material stuck to the upper part of the boots and when it dried out It appeared to be some kind of seed. When he went. to the MacDonald home he found the prisoner In bed with his clothes beside him.

The clothes introduced in evi- dence consisted of a Jacket obtain- cd from the outside porch. It war wet and had been handed to him by the prisoner's father.

Beside the bed were big-overalls which were damp excepting for part of the legs below the

knees. Also shown were an Inside pair of pants. two pairs of sox. a light. shirt and A heavy shirt and s belt with the initial "J" on the buckle. The prisoner had dressed in his good clothes be- fore being taken to the barracks. Cpl. Strong said he was familiar with the MacDonald place. Gen- erally the car was in an area

McPhee'

the farm of Septimus M('Phee onI ,ihe Slh. He was told about them! I-h.V MrPhee and sent Hogarth toi llook. He went over himself lalnrzi illc did not see prints in othcr zirens.

The search for the expended shell had been widened to in- clude the strawberry patch nnd beyond. He personally had follow- cd the hoof prints in soft ground.

ithey travelled both czisl- rind west and west rind east. Return- in: he had followed them from

the rznrnge on MacDonald2s place to a field south of the MacKin- non house: There were some gaps up to 100 feet where no trail wast evident but following in the dir-I ectlon they were taking he IlFlfII always picked them up again. They did not always go through fields but about half the tinic were on pasture land. Dirl find prints on pastures, but this was an unshod horse.

He ndmiiled that rain spoiled positive identification of the tracks. No pictures of them had been taken as it was late after

lell by ambulance

the shooting when they were dis- covered. He had done the track- ing on November 15 and 16.

Witness knew of the. bird sanc- tuary at Black Pond about one mile from the MacKinnons. Hc' did not think there was much: hunting in the area last season- ss there was little game. He (lid not believe people there shot all night as it was too hard to Inc a bird.

Took Photos

At: the beginning of yesterday":

session Cpl. Allan Johnson, R. C. M. P., who had been on ithr-I stand when the hearing of De- cember 14 was adjourned. return- ed for further cross-examination. He had taken the photos prev- iously lniroduced in evidence us- mg a flashgun with his camera. He related the position In the house he occupied for each of the photos and said when he first went into the house there had been two lamps on the kitchen table but one had been picked up and carried around to provide light for the investigators. He described the layout of the kitchen and gave several meas- urements showing the relation of pieces of furniture to each of the walls. The hole In the window wine was not perfectly round. From top to hntlom it was three-quarters of an inch. while ncross It was one-half Inch. He did not measure the perimeter.

He described the camera used In the pictures as an (info with a Kodak compur shutter and he described for the court how It operated. He had used a tripod fbr the pictures taken In the house but. outside had used it only when photographing the footprints. He litter mode casts of the footprints.

Cpl. Johnson said he had re- moved nothing from the prints prior to the pictures but had lak- en s-few blades of grass and some twigs which were lying across the top before he made the costs. He described the method employed In making the cast: of plaster of parls.

He Isld there were certain scars on the casts which were not on the boot in evidence but there were others he believed were on the fool. In particular there wnsI one on the heel.

between the bark door and the garage. It wins at this point coun-y sel engaged In argument over the evidence to come.

law Footprints