was

LS“

? . _,-h|| column l: rnwrlcll for new; lac]. Interest hul ddvertlolng of u.” nature may ho lnurled at l” l. l word utrlnfl) puyubll In

1w»- Jmgovlni fol- stubborn coughs n Twp); Drug C0.. Kensingwn,

"weapon. nERiuNu, 45 cents ‘dozen; gm; $1.20; pails $1.88. At

BUOIISS- L-4094. _SUBSCRIY'I‘IONS T0 THE GUARDIAN

CHARLOTTIJTOWN may be handed to their representa- m M155 Qlga Green, Albany.

_NEW STAMP mats gory latest “Sig also hooking yrrll; and Wu lo: all purposes. Lowest prices n strqpgs, 14-4094.

nrocxcv AT KENSlNGTflN, "my, January 29th, I937, at 8.15 n M, Holmllns of Sumillerside Vs. Kgnglligifill Aces. Hour skate lifter match. AGIIIISSIOII 15c and 25c. L-4053-l-28-2i.

_ BITE SATISFIED

wrrrr LOLA]. SERVICE-Tile speakers |t tile recent Board of Trrlkie

meeting held at Sumnlcrside t0 discus the proposed (rilzlnlzes in we teicpliflllt‘ rates, wish it to be known that they are quite satis- fied with the service rendered tluml by the illzlnugcl" and operators of the local branch-S.

JIECEIVES Al'I’0Il\l'I‘l\lEN'l‘-- M, Rplldle Bowlless, vcteriwiny gprgwil, son of Mr. and i\ll'S. Ggorgf,‘ A. Bowncss, Siimnlerside, has been appointed director of fur research iorOiltnrio Govirrllllleln and head cl tllc (iepnrtnltilt of fur bearing fllililllllS in the Vcteriilllry (jollege at Guelph. Mr. Bowiless m educated at Guelph and has held ilnporulnt positions in vur- 10115 parts of the United Sir/s. His many friends here ollgriltu- late him upon his sue. —§.

AIECEIVES SAD NElYS-Mrs. b. Ramsay how, received word of the very sudden passing of her sister, Mrs. Mary Elizabeth Hyde,

New’ Iolldor: Conn, on January iith. Mrs. Hyde wns a native of Bummerside and a daughter of

the late Mr. and Mrs. James Cnid- weil. She will be l; ‘thy remem- bered by old friend: here. Besides lfrs. Ramsay there are left lo mourn three brothers, Wesley Caldwell of Brooklyn, N. Y.; Mr. A. Caldwell or Meridell, C0llll.§ nild Mr. J. A. Caldwell of Fitclxbllrgll, Mass; also two sisters, Mrs. J. A. Macleod. Toronto, and Mrs. Small- piecl Toronto, to whom Syiilplltlly is extended. Interment. was ill New londoll.—S.

Provinces lire Ready To to-operate

(Continued from page 1) Z_'}_.__ L __ __ . ._ Li.’

legtslntures though the Dominion might reach agreements with collu- tries ol the British Empire ulld foreign nations.

Premier Thane Campbell of Prince Edward Island had oiliy brief com- ment. "The Privy Council seems iohave upheld the decisions of tile Bupreiuc Court of Cnliildd," he Jllid. “Under tllc (‘ll'Cllll'l.'5lf|liCf‘S tilerc teclns little to say."

Premier Ailgus lifrlcdonrlld oi Nova. Scotin. considered it “desir- lblo that these questions should be Wltled by the higher, court in the llmpim and it is i1, very good thing lo have settled."

Beyond this remark he said there m little he could Al)‘.

Hon. H. H. Stevens, former min- lsicr oi trade and commerce, res- ponsible for some of the lrglslut- ion, declared ill‘ Privy Colulciis findings "lll'.I'C‘ij, accentuate the llecd for ail rly illliljlzlrtisllllcoil- ierence with regard to IICCFSFTITY modification of the British North America Act."

Premier William Abcrhnri. in withholding his comment Sdid he would not care "to give any suup llldtlncnt at present."

one important; lmglc or the

dtfnellts‘ effects was the position "W 0f boards set up under the leilislation. When the rulings were

Filmed Premier Mackenzie King told tho House of Commons in re- Pll’ to n question that positions of

05c on the empiymerlt and social

surance c-mlnissi-ll would now b; ilbolished,

CHALLENGE

We. the Cape Traverse indies, do bemby challenge the Hampton Y-mokers to o friendly game of W in be played in Victoria fink at a date that can be conven-

"y lmmged. Winnie M, W’l‘iu'.h§, Captain.

m

P. i.. olwlmaslll:

FUNERAL DIRECTOR! AND ll I

EMBALMERS

Prince Count. Hospital Ambulance tn Churn Bummeniae, ucdeqna 5nd

Komlngton Phone fl-L

—SMELTS I01-

fox feed. Call 334, Summerside.

L-zsoo-tr. _ __._. --LANADA skating outfits

cnrsloll special men's $3.15, ha; $2.95 at Strorlgs. p-409;

-_____ -—BUY HORSE SHOES. horse

shoe nails, toe caik steel, 13 and i4 inch tarlged horse shoe rasps, at

Bruce's. L-2233-l-28-2i.

vV-STAR HOCKEY skates, regular o0 rents, excursion speial 4B cents. At Strongs. L-4094,

_—-GO0DRlClI Silvertown auto til-es weigh more. are large in size and give more miles per dollar than , any million-mile guaranteed under- siv d cheap tire made. Order now at Bruce's. L-2233-1-28-2i.

'—MEN’S IIORSEHIDE coats reg. ulal- $15.75, excursion opecial $12.85 alt Strongs. L-4094.

KNIT YOUR own summer suits. Let us help you select the rmot suitable yarns, at Strongs.

1.4094. PRIVY COUNCIL

(Continued from page 1)

ions. In the totality of her legis- lutivc powers, Dominion and prov- inriul together, she is fully equip- pcil.

"But. legislative powers remain undisturbed, and if in the exercise of her new functions derived froln her international status she incurs obligations, they .must, so for as legislation is concerned when they dcul with provincial classes of sub- jects, be dealt with by cooperation between the Dominion and tile pro- vinces.

Declared Ultra Vires

‘Their Lordships accordingly dis- missed the appeal of the attorney- geilernl of Canada against a judg- ment of the Supreme Court oi Canada declaring ultra vires the Weekly Day of Rest iii Industrial Undertakings Act, the Miililnurrl Wages Act, and tile Limitation of Hours of Work Act.

Tile judicial committee also found unconstitutional the em- ployinent and social insltrzinoe act. providing for the creation of o con- tributory system oi’ unemployment insurance and the setting up of employment agencies. The judg- ment. said their lordships found “themselves unable to differ" -from the finding of the Canadian Sup- reme Court that the act, intended to be permanent, could not be sup- ported upon the contention that it dealt with an emergency."

The Natural Products Marketing Act, also adjudged unconstitution- ili, would have provided for the set- ting up of marketing boards for vzlrious classes oi’ products with wide powers for control by the majority oi’ producers.

Validity Upheld

Tile Dolniliiohs Trade and In- dustry Act, authorizing the estab- lishment of a. federal commission with powers to regulate business pfbVillClfllly, irlter-provinclaily and ill relation to the Dominion as a whole, was held valid. Their lord- sllips said they agreed with the Supreme Court, with the exception of the Canadian judges’ opinion ns to the validity of sections 18 and 19. which WCIB held ultra, vires at Otialvo. Their Lordship».- declared three seciions valid, as well as sections 23 and 26. The appeal of tile Ontario attomey-general was dismissed and the cross-appeal of file attorney-general of Canada upheld.

Section 498A of the Criminal Corie of Cllllllflfl, providing penul- tics for violations of the regulat- ions set. up by the Dominion Trade and Industry Commislon, was up- held.

In declaring valid the Farmers’ Creditors Arrangement Act, Their Lordsllips declared they were “un- llblc to accept the contention that tllc act is not genuine legislation relating to bankruptcy and 111501- velicy." The measure provides mczlnsforiilsoivent farmers to liq- uldate their debts along bankrupt- cy lilies but without. actual re- course to the bankruPWY 00""!-

PROSECUTION

(continued on M86 9):‘

country only“ one punishment- (lflltll by shoo lief’

Testimony by the defendants’, who pleaded guilty m chm?“ ° conspiracy and treason. fflwlmlyed hundreds of train wrecks in which more than 80 persons were killed- part of the plan for sabotage thc defendants said they counted upon to Elld their cause.

The defendants will be given In oppoytunlty for “final words to}; morrow and Saturday nit: wilt me judges will take the ch15- hours verdict 15 expected l2 or later.

on CONVOCATION commrrca

28—Mi:s K

1 l

HALIFAX} ‘(Ijftttlawa was a! fliglctifiggmory o; the graduating c1355 of Djjjhousle Unlversitéos class Illef-‘tmg loday‘ Thompson of Halifax was chosen

3 t. luailpemcilgfi/‘illcation committee in- eluded Kevin Mflfllher or nanflinxt Prose of so §hflirm§nil all.“ Holnrim of Sum- Ioergilfrle. PIE 1.. and Mew MM‘ . I ~ '

Kensingon And Vicinity

-__._ Dr. Leo Crozler of Montreal, who 1;“ home in Malpeque. “Wm recently. visit-

ing friends.

IVIr. Arnold Taylor, Kenslngton, and Mr. Auibrey Found, Clifton, left Wider mrnlniz for st. John's, Quebec. to take a. six week's mill. tary coiwse.

Mr. Miller Waite who for the Dust three months has been visit- ing his sisters in Boston, Mass,

as returned to his home in Ken- slngton.

Mm. Alexander Hiltz, Kenslng- ton, who is in Hwpitai there, following an operation for appendicitis.

-____

We! Gertrude Buntain, nurse-in- training i.ri the P.E.I. Hospital, came to Kensiilgton on Monday, to be with her mother, Mrs. A. R. Buntain who is ill, suffering from an attack of pleurisy.

The annual meeting of St. Marks Church was held in St. Marks Hall on Monday evening, Jon. 18th with a fine attendance. Rev. B. Frezlm, rector. was chair- man and opened the meeting with prayer. Minutes of last annual meeting and regular quarterly meetings were rend by the Vestry Clerk. These minutes were adopt- ed as read. The treasurer, Mr. John Moase then gavothe financial re- port. Receipts were considerably in excess of previous year. The rector ill his comprehensive relport re- ferrcd to the loss the church had sustained ln the removal by death of Mr. W. A. Pidgeon and Mr. Ed- win Paynter, two of its most faith- fli.l members. Reports of the Sun- day School, the Women's Auxiliary, the Anglican Young Peoples’ As- socialioll. Rectory Committee, Ceme- tery Commttee and Missionary Treasurer were read, all were very favorable and encouraging. The election of officers rec/tilted in the reelection of Vestry Wardens, Twas- urer, Vestry Clerk, Auditor, Or- ganist and Sexton. Cemetery Committees. Newly ap- pointed sidesmen were Walter Moose and John Dobson. Delegates to D. C. S. are John Thompson and John Howard, to Provincial Synod, Ernest Mill, substitute Cecil Mill. A committee consisting o.‘ J. A. Ihompsn, Harold Mill, Cecil Mill Ernest Mill, John Howard, Lloyd Howard, Rough Sludsbury and A. L Rogers was appointed to make arrangements for the pllntlng of the exterior and the re-decorating of the interior of the church. A substantial sum was subscribed at once for that purpose. Their work of the church has carried on in a quiet and steady manner during the year. ‘The services are well attend- ed and a splendid interest shown.

The annual meeting of the Ken- glngton Presbyterian Church was held on Tuesday evening, January 19, 1937. Tho minister of the church, the Rev. W. 0. Rhoad. con- ducted the devotional service. The Rev. W. O. Rhoad was then elected chairman of the meeting and Dr. I. W. Jardine was elected secretary. The reports of the session; the Sunday School, the two Women's Missbnary Societies; the Mission Band, the Ladies’ Aid Society, and the Young People's Society were lead. The mports showed that there was great interest taken in the worlk of these societies and in the church. These organizations are in a flourishing condition. The financial report was also presented to the meeting. The congregation was grateful to note that the fin- ances of the Church were in o. very good condition and that the fin- ancial side of the church had not been lagging. ‘fiustccs and man- agers were also elected at the meet- ing and instruction was given in the Board of lvihnagers concerning some necessary repairs to the Manse. After the close of the meet- ing the members and friends of the congregation retired to the school room tvilerc the ladies of the coil- gregation had prepared a dainty luncll and a social hour was en- joycd by all--B.

SPECTATOIUS NIGHTMARE

STOOKON, Kas.-—(CP)—Stockt0n high school basketball followers get headaches trying to keep track of Lyle and Lynn Litton, for- wards‘. ‘They are identical twins.

COACHES COLLEGE TEAM

FRIDERICION. N. 3.. Jan. 28- (0P)-—B1ll Gill, former star of Mar- itime hockey and now conch for Fredericton Capitals. will coach the University of New Brunswick hock-

TOURING CRICKETER BBBEAVED

ROMPORD, Eng-Mrs. Florence prime; mother of Kenneth Fumes, Essex fast bowler touring with tho M. C. C. in South Africa. was kill- ed in a motor accident near May- field, Sussex. .

F OXME I I

5

§UNGI10 BREEDING RATION. IN CUBE OB MEAL FORM, I8 JW AVAILABLE AT YOUR NEAREST DIALII.

gnu; of Halifax.

left Friday for Monctcn. N35. , to be with her daughter, Miss Ruth ‘

Rectory and ‘

cy teolm, it was announced today. '

l

TH Sails

light. Perry followed Gallant out

to the porch and as Gallant. turn- odtooomobadcPel-rystruokhim

‘EATH llllE

7m HEAVY Flili ‘luilv FINIISi

Inquiry Into Death Of Leo Peters Held At Summerside Yester- day.

At the conclusion of the inquest held yesterday at Summerslde to" inquire into the deathof Leo Pet- ers, Palmer Roacl, Coroner Howatt presiding, the jury returned the following verdict: “We, the jurors empanelled to inquire into the death of Leo Peters of Palmer; Road. find that according to thci evidence submitted, that the de-i ceased came to his death from a heavy fall to frozen ground, the result of a blow struck by Jos. E. Gallant with his fist." ,

Nine witnesses were examined. Mr. L. G. Ilewis and Corp. Eiiglcs appeared for the Crown aild W. Henry Noonan, attorney for Jos.E. Gallant, 22 year old resident of the district who is charged with mail- slllugllter in connection with the tecident, attended.

First witnes called was Dr. J.A. Yolmson, Tigllish, who stated that rile was culled to see deceased at his parent's home the afternoon of the 20th, the day after the dance. He found the man conscious but every time he raised his head he vomited. He complained of sore- ness at back of head. Witness could not find any fracture or de- pression and diagnosed the ease as :oncu'sion of the brain fromafall. [he doctor concluded he had fallen m the ice. His parents did not "nentioil. that. he had been hit. The lvitnerls sent medicine to quiet the vomiting. Next day he was called by phone and told that Peters was unmanageable and had to be held in bed. The doctor sent medicine to quiet him. with instructions that if he was no better the following morning to take him to the hos. pltal. The following day the wit- ness heard he was no better and recommended his going to the llos- pital as soon as possible. There were no bruises of any kind on him, on his face or anywhere else. There were no marks of violence that the witness could see with a superficial examination. His lips were thickened. _

He was conscious.

Phllias Doucette, Si. Louis, was the next witness and stated that on the evening o! Jan. 19th there was a dance at iris house for the bene- it of the church. Everythingl went well until about 8.30 when he

a racket in the porch and noticed a bunch of the dancers go- lng out. Leo Peters was inside then and had been dancing. On going outside the witness saw there was fighting going on, a lit-tie way from the house. It 1111s about over. He saw Russell Perry give up fight- ing lmd come towards the house, as he did so Gallant struck him. The witness grabbed Gallant and told him not to hit a mun behind his back. He told Gallant he had bet- ter go home as some one else might talke up the fight and he might get hunt.

About half an hour later- they brought Peters. the deceased. in. They laid him on the couch. It was not long before he talked. A- bout fifteen minutes later he said he wanted to vomit. He was on the couch all night covered up with blankets. There was a. stove in thcrocon and it was nice and warm. Only once during the night he seemed dazed and dill not appear to know where he was. Witness‘ said his daughter bot-lied a little blood off his hair at the side of his head.

At 8 o'clock next morning he ap- peared about the same but at noon witness said he could see there was something wrong, and decided to take him home. Peters got in- to the truck wagon, with the as- sistance of others. It was about three o'clock when they reached his home and he was able to walk to the house with help. The Doc- tor was called.

Peters llod been talking of tak- ing the iight up for Russell. Wit- ness did not see him drinking. Wit- ness had never heard of Gallant drinking, He has a good repu- taltiop.

Russell Perry gave evidence that he was at this dance that evening. Deceased lived near him and wit:- ness had called at his house before going to the dance and had a

drink. That wlls all he had that night. He did not see Peters take n. drink.

When he arrived at the dance someone told him Gallant was waiting for hlrn and to be on ills guard. Latel- he and Gallant met and went out i0 the porch and got into a fight. It might have been he struck the first blow. did I101? know for sure. They went out- side and than tile witness gave up tho fight and as he went to go to- wards the house Gallant struck him. As he was washing his face in the porch, he heard someone say, they were going to take it up for him. Ho rcoogni ‘ the voice as that of Leo Peters. Peters sounded as if’ he was argry and excited. Gallant and witness had been on bad lei-Ins earlier over a mslcumll same but had rmde up.

Cyril Perry. Tignlsh. 8180 85W W‘ idcnbe of seeing Russell Perry and Jos. Gallant fighting but did not

ishment depended on the

a blow that nearly knocked him down. This started the fight. Alfred J. Perry, DeBlois. stated he was at the darlca and was out- side when Leo Peters loo for Jos. Gallant. “Pl-om what he said, I would say he meant to fight". ‘Witness imagined he had had a. few drinks, although he

did not. see him take any. Peters P815011 charged was guilty fol- such ‘

was standing on the steps when Gallant struck him. He fell back- wards on the frozen ground. Pet- ers called Gallant twice and then a third time, and Gallant walked right up and salid, "Iamright here" and struck Peter: a blow on the face. .

Leo Paw. next witness. said that he was at the dance and had seen the fighting. When Russell went into the house Leo Peters came

out and asked him Why he stood ,

for the fight. He called Gallant once and Gallant came over from the barn and said, he was right there. Peters was struck, but wit- ness did not see who struck him. Peters appeared as if he had a few drinks. He was not in a fighting mood when talking to him, but by his actions, he judged he was look- ing for a fight with Joe Gallant. He was pretty wild looking. Witness had known Gallant forfive years and had never known him to get in- to any trouble.

Edward Arsenault. St. Louis. gave evidence of the fight, oomoboratmll the evidence of previous witnesses.

Sylvere Peters, Pdirrlers Road. gave evidence of seeing Russell Per- ry and Gallant fighting. Perry, had Gallant by the head and the

fair play. They then went outside and soon after Russell tumed to come in, saying he was too drunk to fight. that night.—as he turned to go in Gallant struck him. 1M Peters acted as if he had been drinking. He wrrobrated the ev- dence of other witnesses as to Gal- lantls good character.

Dr. J. C. Simpson testified that he had been asked by Mr. L. ,5- Lewis to perform an autopsy on the body of Leo Peters. He W85 assisted by Dr. J. A. MaoPhee. The? had found a fracture 3 to 3 1-2 inches long running backward and upwards behind the left ear about

two inches behind the mastoid- Fmciiure was betwee l the brain and brain covering. Heart. 1111185

and abdominal organs were normal. There was a slight bruise 0n 16ft side of forehead. Death was caused from brain injury and hemorrhage rcsultLng from a fracture at back of skull. Dr. Simpson did mi think a fracture of that nature could come from a blow of the fist. It would take a tremendous punch to cause such u fracture. It W115 more likely caused b)’ PM mm} striking a large object with area. violence. There was no evidence or an external blou‘. only 1 $118M brush wound. There was_ v81’? slight. evidence of scalp bleedmg-

JUDGE ll ll F FY ABIIUITTEI] 0F MANSLAlIQGHTER

(Continued from pgg__e__1_)__

j_}_____. came to its conclusion it would de- cide on the evidence and not on anything the illllime" mlBht have heard outside.

The accused was chflfled Wm‘ manslaughter. that was to soy. the culpable homicide or kiIIInB 0f 9- pcrson not amounting to murder.

A homicide was culpable will?" there was an element of guilt; prefi- cnt arising either out of an un- lawful act or the omission, with- out. legal excuse. to perform "HY lgwful act, or both combined. Homicide, um is the killing of B human being, where there was n0 guilt involved and where the occur- mnce was purely an accident was not a crime.

The Attorney General had right- ly quoted section 247 oi‘ the Crim- inal (jade-in hi: address to the july, the Judge said. That section read:

"Every one who has in his eharfle or under his control ain't-hill! whatever, whether animate or in- amlnate, or who erccfs, makes 01' maintains anything whatever which, ill the absence of PR‘- caution 0r core. "my 61159118" human life, is urlder a. legal duty to take reasonable precaution ag- ainst, and use reasonable care t.o acid such danger, and i.s crim- inally responsible fol- the con- sequence of omitting, without law- ful excwe, to perform such duty."

An u tomobile was a. dangerous thing and a person must use reas- onable col-e in its operation. If it was used in o reckless way with- out proper core and n P918011 W88 killed the operator was just as guilty a; if he had gone out on ll street and shot off a gun without regard to the safety of persons and in so doing killed someone.

To constitute manslaughter there must be gross or criminal neg- ligence. The test of nelligenco was not the some in a criminal case as it was in a civil case the jury was told by His Lordship. In a civil action there was no question of mens rel: or intention.

In criminal l v edlnga, on the other hand, the liability for pun-

tion, that was to say there must have been such negligence u in the opinion of the jury amounted to criminal misconduct dasorvlngi

loo Loo Peterfluld Gallant in I

punishment.

witness fold m... w give aauami

inten- l

v HRICLE

It nod been rightly said iilili lil a case such as was before the Court the liability was on the Crown to satisfy the jun that the death was not an accident but due to the negligence or the DCYsOII charged. There must be positive

cmle w; proof that would satisfy the jury, ,

not a mere inference.

The proof, however, might be proven by circumstantial evidence but tho proof must show that the

person was irulount until prol-cn

guilty.

i The Judge told the jury that he i was not sitting on the case tilrougil . his owr. choice. At each sitting of ,the court the Chief Ju-tico a.»- ‘signed the cases and he on; as- ,slgned the case before the court [It was not a pleasant duty to sit i on a manslaughter case, His Lord- lship said, but he was there in tile idischarge of his duty just as the lniembers of the jury were.

Ii. was not his first manslaughter case, Mr. Justice Arsenault said, ill fact it was the seventh he had sat , or , if his memory served him cor- | rcctly. And in his experience there

had never been a case of the

kind before him where there was

less evidence to justify o coh- viction. Candidiy, he said, he did not

think the case should ever have been taken to the Supreme Court. He was not blaming the Crowil for once the ease had been sent up by the magistrates and a true bill found by tile Grand Jury the Crown could do nothing else but prosecute the case.

It was not often that he llrid to , (EXPRESS an OIJIIIIOII lil i1 CW6 but‘

he was going to do so in the case i under consideration. the Judge ,1 continued. It was the judges priv-

ilege to express ail opinion but the jury niight disregard it if they choose.

Judge Alsenauit then went on to review briefly the evidence that had been submitted in the case.

One car, occupied by eight meni- bers of a family proceeding lloillc from church, was proceeding, ac- cording to the evidence of the

family, at 8 to 10 miles an hour and following along the right side of the road near the edge of the dltm and another car came diag- onally acros; the road and side- swiped it. According to the evi- dence of the younger Mr. Horgan the car of the accused was travel- ling at 35 miles all llollr and came diagonally across the road and struck his cor.

Judge Arsciiauit said he realiz- ed the Crown v: = ill an awkward position. A crc witness, the You!!! man wiry: ~. .\5 driving the car, told how i ilecidcrlt. hap- ‘ Crown witness ..i laid that fronl the damage to bolh cars he believ- ed the Chevrolet struck the Hild- 5011 at an angle 0t‘ 30 deter}: rWl passed the Hudson cur Both theories could not be lllfijltd r4 another witness was culled ill who said that the accident might hap- pen by the Hudson striking on an angle 0n the Chevrolet, causing the damage found.

The Court showed the jury a sketch, dravm by Thomas Horgan, Jr., the driver oi’ the Chevrolet, which showed hi; idea of how the cars met. In the opinion of the Judge if thev had met iii that way both would have been damaged all along the sidc. And filrther if one car at 35 miles an hour met in col- lision with another at 10, rep- resenting a 45 mile ail hour inl- pact. wlult would have happened to one or both? He would leave it to the jury to decide. If that had happened, the Judge said, he did not think that there would have been only one person hurt, but that all the occupants would have been killed. '

1f too. the accident occurred on the right side of the road how did the Hudson get back on the centre oi’ the road and then turn cast ag- ain? For that was what it must hzve done according to the pros- ecution. In that case what tracks nnust have been made on the road by the Wheels locked to the left.

The jury could realize the effect, the Judge said, of a our proceed- ing at 35 miles an ilour rtrikillg another car at i0 miles all ilour, near the ditch; and then that car continued oil some distance.

After hearing the evidence Judge Arsenault said he could only come to one conclusion. The jury might agree or not as they saw fit.

His conclusion was, the Judge said, that the Horgon cur. going along saw the Hudson turn to avoid the depression and itself veered to its left to avoid the other car and then when it went on a little further veered again to the east. and struck the Hudson, which, had come practically to a stop, at. an angle of 30 degrees and wont on info the ditch where it was found. The young man was found along side the Hudson and it was not known what llc did. It was natural for him to jump when he saw the danger, If he did not do that he might have been pitched forward by the impact. The theory that the cor he had been riding on went over him was perfectly reasonable the Judge said.

The glass found to the south east of the Hudson. broken into small pieces, was alleged to have been headlight glass from the Hudson. He did not think that glass falling like that would break into hundreds of little pieces like those found. The rim fell off the headlight and if the glass rolled with the rim it probably fell there. Cars passed over it smash- ing it. into the small piece: which were produced in court. Otherwise he could not account fol- the pres- ence of the glass where it was found.

He could not reason the case in any other way.

The explanation given by thfl “my”; md mo person with him

driver and other members oi the ‘

AR I

ililu by Maurice Merlin seemed so rasonable that he could not find any other explanation, the Judge ‘ said.

.~ The car was so locked that it ,would not move and required sev- lcml men to move it from where

it was on the road.

'I‘hcre was no evidence that. it had been moved except that some parties saw it jerking back and . forth and that parties coming from the south would think the car was turning was perfectl reason- able. The wheels were glmed to the east and as one light. was out the other was naturally focused to iilc- east side of the road. |

There was only one indication tllut the car had moved and that was the mark under the right rear wheel, which the Crown claimed was made when the ear was back- cd. There was no evidence to show that it had been backed that night.

One of the strongest P-htes of evidence there was was the mud llnder the car. It was found right where it. would be expected to be knocked off‘.

_ There had been some talk of iliqilrlr, but there was not one iota of evidence that. Judge Duffy was intoxicated or under the influence of liquor. There-was some evidence that 5 or 5 i-2 ounces of liquor had been consumed in four drinks in four hour-y two by the accused ;allcl two by his companIon, what ‘effect that would have the Judge llcit to the jury to decide. He

i charged them, however, that there

', was no evidence that Judge Duffy

l wa: under the influence of liquor

ill any shape or form.

Judge Duffy had explained his reasons for not helping the party injured. The jury could accept it or not. In a case like that it was lliurd to tell what to do. He evi-

dently found himself in an an-

,tngollistic atmosphere and if he

rind not done so he might have

‘ acted differently.

‘ The defence claimed that tine evidence the I-lorgan car was oper- ating iilegaily in several ways had

.110 bearing on the verdict. It. did

not enter the case. His Lordéhip charged. In a criminal case there

l vas no such thing as contributory

luegllgence. If one person was criminally negligent he was not excused even if the other person was not conforming to law.

i It had been said if the Police

= had. been called earlier they would llav. been in a. much better pos-

l ltion to give evidence. It might

i, have been better for Judge Duffy had they been called earlier.

They might have reached the scene‘ a. half an hour earlier but perhaps that would not have mode much difference.

The case had been put very properly by coun"el for the Crown and the accused and he did not

)I'l.Sl(l(‘I' it necessary for him to go

HAD RIIEIJMATIC PAINS for 25 YEARS

His Arms Were Becoming, Useless It was about 2.3 years ago that rheumatism ilrsi. lllurkcd doxl; this sufferer; and flliilily the Lin, came when ile could huldiy lift llx

3.11115. But he foluid relic‘. -- her: in this letter" he iLlLs inc ylulole story:-

"About Z5 years ago I i enced slight muscuirll-

me. They gai'di..lll_v' gilt until the paui got ilcute in bot: arms and loins. I couxl not lil a jugful of water with my arm ex- tended straight our. Almilt l; months age l bought a bOlllC o.‘ Krusehell Solis uilli by tile tim- it was finished I was acrrcezxlbly surprised at zl .:,'li' inlprovclneili I bought anotllr- one that was finished all disappeared, rind has . ccl since." -'i‘ R

The pains and s \= of rheu- matism are freq’ . alurui b; deposits of llTl" . i in the muscles and jrllllls. ’l .lt.‘. numerous

salts in KTLLWIIFII assust in stimu- lating the iiltr-rilnl j healthy, regular activi

them to eliminate till»; ' acid.

had us drink. They took it, 1m mediately before they left.

So far as finding the liquor via: concerned the iviiiless coniirmec the evidence of Inspector Fripps,

When Mr. Horizon stated that the witness cilmr: flCiYlSS the road ilt an agle at 35 illil-rs an llollril was not true. At no time that flight did he drive zli 35 miles ar. hour. It was not true that he struck the I-Iorgzlll cur and pulled. it into the ditch.

The break 0n the Hudson ex- tended in 20 inch-w from rho edge of his cal‘. A piaii hrld been pre- pared by Mr. Realrivzl

There was no dllnlnol» in his czli except at the left ll-lnii flout cor- iler.

Cross examined h_v the Attorney General the Wlilltlu 5ill'l he gath- ered that the URI‘ maul some when he tried it but the

power was relezlsr-il ill“ r-ar swung back. 'I‘he Horgan Cfli‘ Wdm /l"‘\'

tlvo or

witness distinguis was out. The rl li.

Horgan car was rlllr» . of the road. "File \‘l"‘ veiling about a foot centre line of the m the accident. witnerrs dtscoverrd u v light of the apprrl. was out that. lli- i-

illto the evidence at any great I length the Judge said.

l He had expressed an opinion which it was his right to do so, , Judge Alsenault said, and the jury l were not. obliged to accept it ex- cept in so far as his explanation seemed a rearoilable one.

He had no hesitation in telling the Jury, Judge Arsenault con- cluded, that he thought their ver- dict should be "not guilty".

They were not obliged to bring in that verdict, however, the jury was told.

Summary of Evidence

The following is a summary of evidence heard yesterday.

Charles Gavan Duffy. who had been giving evidence when oourt adjourned Wednesday. resumed his testimony. At no time after the collision were the witness and Mr. Gesner there alone. Quite a. crowd quickly gathered but most of the people were strangers. The witness had his attention drawn to Mr. Robison who was haranguing the crowd and teilingof the fine young man cut ofI in the prime of life. He appeared to be blaming the ivitrless.

"My ca-r was never across the centre line of the road that even- ing," the witness said.

Wihen Roblson says he saw the car angled across the centre of the road it xvas false, the witness con- tinned...

The mark at the right roar wheel WlIS made when the witness tried to move the car. It sort of svsllug ill ll. semi-circle ns far an the l: ‘z ed wheel would permit.

The. mark’ from the right real- wheel of the Chevrolet looked a1 though it had been made by a car wheel sort of skidding.

William Taylor piled up some of the glass that night with the ob- ject of taking it out of the line of traffic.

The witness didn't know where Sergeant Anderson got. the idea that the witness had identified some glRSS as that from his left headlight. The only glass the wit- ness identified was a piece right below the headlight.

All the part. the witness took in the conversation about police the night. of the accident was to say "some of you boys who know where the teiephllc is go and tele- phone for the police." It was not true that he lllld ever said that "tile police would not come."

Probably the other witnesses were under the impression it was the witness who was speaking when it was some oi‘ the other men.

He was sober on the night of the accident. Nobody wuosested m“

ger. The witness Jll brake and the ofiilt: in mulizg; the left.

His car would be lflrlilm‘ little at the nloment of l