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Murchison 0m lisw in lialllls 0f ii. B. iihlsi Justice

aalnrr JOHN. u. 3.. JulY 8 - Alter deliberating for four hours the Jury in the Rev. J. M. Murchi- son suit against the City of Saint John for assault, battery and false arrest, returned answers to I1 da- tailed questions. Than questions were submitted by counsel for U10 plaintiff, dofanca and by Ohlef Justice J. I. Michaud who presid- ed throughout the hearing of tha lease which opened in the Clfﬁllll court here on Juns 28. Mr. Mur- chison seeks $20,000 damages from

The following article from the Regina Leader will be interesting reading to Mr. Fxiward‘: relatives and friends in this prlvonce. Mr. Edwards, who is a son of the late Mr. John R. Edwards of NOW Wiltshlre, la at present travelling lli Europe and will visit the Island on his way beck l" the latter part of August, when he will be the guest of his brother, Edwin, on the old homestea‘:

GOVAN, ssslc-"After weather- ing over 40 years 0n the prairies since his first trip by steamer HP Lniig Lake, J. H. Edwards of Govnn has not changed his im-

pression of amazement at the m‘ (m! lirerluiy and fertility o.‘ the district. Cm“ Junk. Mychlud "mounc- no soon expects to leave his farm ed m“ the” quemgn, Wm b; and his responsibilities of public taken under ‘dviument by m; Fem" 511d “ﬁle” l‘ b°yh°°d . court and that he will render Judg- ernhil-ivﬂ. l0 1°"? Bump?» merit at a later date.

He came to where Govan is Cyrus E Inch", Kg" w“ mun. 110W l" M05’ ‘ll 190° l""l“3 sel for the plaintiff and J. F. H. Craven on I Wllllﬂm PW!“ Teed, KO, and Henry n. Hopkins.

steamer and landed at a spot later nnuled Arlington Beﬂﬁh After hi8 lie-me town in Massachusetts. Since that landing he has taken n lending part in all community york. He. was recently ‘honored liy the school hoard after 32 years‘ of service on it.

Mr. Edwards recalls visiting the Ischool one day in 1917.

city solicitor, appeared on behalf of the city.

The following questions were submitted by Mr. Inches on behalf of his client:

1-Were there sufficient goods and chattels owned by Mr. Murchi- son on the premises to satisfy the amount of the execution, $70.70?

2—Did the marshal or marshals make any effort to find goods and chattels?

3-1! you say an effort was made, what act or acts constitut- ed the effort. 4—Was Mr. Murchison requested to point out goods and chattels? 5-H you say he was requested to point out goods and chattels what were the words of’ the request? 6-Did the events which took place between Mr. Murchison and the marshals on June 21, 1940, contribute to the impairment in health which eventually caused his retirement from active work? ‘f-Dld one or more of the mar-

°l"8'5 5m°°lh°5ll "I saw that school on the atone- marked bold prairie, the rises and water-filled hollows and in- sufficient playgrounds. I decided this must be transformed into grounds students, teachers and ratepayers would be pleased t0 sec, I went to the department of education for advice and help and got it. With the co-operation of but .\1r. Edwards has made a yearly report to the authorities on the agricultural and livestock sit- uation iii the district and thus kept the charter. lle looks for the clay when the society will be revived lli a different form to

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shals imprison Mr. Murchison on the first occasion, that is, when the two marshals called?

8-Dld one or more of the mar- shals ai-rest or imprison Mr. Mur- ehison on the second occasion, that is, when Sgt. Blackwell was

-—- ---------—lsult modern conditions but up- l M i ‘holding t-lie same high standards.

BI Mr. Edwards settled perman- ently in the district two years after seeing it for the first time.

For nine years he was mayor of "The Hub" the name claimed by

MRS. W. F. NICKLE

Word was rccelvirl here Tilcsday ;

. .

of the death in Kingston, Ontarioqlllﬁ in“?! Whlﬂh l)? 1997 W55 N‘ of Mrs. w. r. Nickle, whose hus-ilkhlishtd on a branch 11w of the band is a well-known lawyer and lCl-‘R. flanking the eastern shores a former Attorney-General of 0n- ‘of

lal-in. Mrs, Nickle was the forincr Katherine (Kaiiel Gordon. Slie was‘ the daughter of the late Rev. Di".

D. M, Gordon, a former plilltlpﬂllefollS young of Queen's University, and a grand ' Boston, Mass,

daughter of the late Rev. MacLcnilan who was the

viuce. Miss Katherine Macbenliall, I3.A., . R,N.. Superintendent of Nurses a‘.

in public affairs. A Prince Edward Islander by birth he was a prosp-

J00!) mcli in his rapidly expanding ex- llfe! press company. l-le was a married pasior of the Belfast Presbyteliaxthajan with a young family when Chilrch. Her mother was ilie fo.'ii.- l (m. can of or l-Zliza Macbelllian of this plo-lwmh m? promise of a better way lo! life than an eighteen-hour day.

organizations

Last Mountain Lake, He did not cciiie inexperienced

man of eight

business employing

the west lured him

present? 0n Behalf of Defence

The questions submitted by Mr. Teed on behalf of the defence were as follows:

1-Did one of the officers as- sault tlie plaintiff the time two of them were first in his house. 2-14 you answer yes to question one, at what amount do you as- sess the damages for such assault?

As a member of several labor he was accustcmed

the Provincial Saliatorlum is a first j ,0 speaking his mind and having

COUSiIT, '

if. RH" Dr" A‘ M’ Gordon‘ a brain“! ‘Cillilllgﬁd his hours of lwc-rk a clay

of Mrs. Nickle, uas on liis way toy Nova Scotia and tn liliS Province‘, from F‘redcl'ictoii 'I‘llesday when a‘ message was broadcast asking nun, in gel iii touch with his brotlier-in- i lnw in Kingston immediately. lite‘, luesstigc caused Dr. Gordon to can-l cel llls trip and return to Kingston l,

Nickle passed away while‘ she slept oil Monday iiiglit. Size

views respected. Whether he

my colleagues and the caretaker,

l a

Mr. Ford. we set about acquiring beautiful approach to the

school," he says.

Today it is a reality

Taking a leading part in en- suring the advantages of a good school and teachers was but one of the many ways 1n which Mr.

ivss a lady of exceptional chars»; Edwards FhQWPd his good citizen-

n hospitable and

sister, Miss Wilhelmina _ the staff of Queen's UlllVHSli], Kingston and her brother. COlOI-e‘ the Rev, Dr, Alexander M. Gordon. , p50,, rimv of Fredericton, NJ-i.

New Bond issue

8th,

July 1948

OTTAWA, - on behalf of the Minister of Finance that arrangements are being made for the offering of a lliiird series of Canada Savings Bonds this Fall. Terms of the new issue will not be finally established until later - probably some time ill September. However, it is expected that the new secur- ity will retain tile features whifll

proved sn popular in the first two series. Since the introduction of Can-

gnrin Snvines Bonds ‘n 1946, appli- cations frr the first niui second series have totalled more than £100,000 in a total value in ex- cess of $018 million. The decision i0 issue n third series is based :i~.ninly on this widespread de- nlanrl.

It is also believed that n swings instrument with the features of Canada. Savings Bands would serve a use-fill purpose hy giving further stimulus to the savings ‘tendency developed by Canadians (luring and since the war. Present holdings have already rendered more than a million Canadians better ahle to meet personal eirierlzenvies or tn carry out future plans. Such individual and family resources are an element of

The Bank of Canada announcer!

l i l

_Watt, Saint John.

gracious hostess‘. ship. In 1909 he lwlis made secre- niid was always identified with aill (aiqv of the Gavan lznnd causes. She is survived by lier society

audit was due in no

put Gavan on the map as the centre of a first-class farming community widely known for its production of prize-winning stock.

No fair has been held since 1933i

is a question but it was natural for him to become a leader in a_ town in the making.

AFl°l1ll\1l‘ﬂl' acts constituting such arrest

Is-Did any of the officers assault the plaintiff as alleged by him the time that several _(lnciudlng a. police sergeant) were 1n his house?

4-10 you answer yes to question No. 3, at what amount do you as- sess the damages for such assault?

b-Did the plaintiff assault Mar- shal Lenlhan on tiie occasion re- ferred to ili question No. 3.

6-H you answer yes to question No. 5 what were the acts constitut- ing such assault?

7-Was the plaintiff wrongfully arrested or imprisoned on the oc- casiori referred to in question No. 3?

8-1! you answer yes to question No. ‘l (a) what were the wrongful or, imprisonment? (b) At what amount

Gordon ui‘,smnll part to his activities the do you asses; the d-gmgges (q;- achlevemeiits of that organization such smug o;- lmpg-lwnment?

i Chief Juutioe Questions

The Chief Justice submitted for the jury's consideration the follow- ing additional questions:

1-1! you answer yes to quea- tion No. 6 asked by the plaintiff,

A Mason, ha recently became a to what extent or degree was the

Sliriner of Wa Wa Temple, Re- glna. l-le is a past patron of the 0.13.5. and aamember of the Odd- fellows lodge, he was the first, district deputy. -M.IB.L.

strength and stability nation.

Preparations for the Series Til-ice issue got under way at Ottawa this lweek. As in the past, the new security will be available

in the

for cash or throug h various methods of instalment purchase, including the Payroll Savings

Plan, which proved such s popular savings channel ii Series One

and Two, as well as in the nine"

Victory 1mm issues. Under the Payroll Savings Plan, bonds purchased in quantities permitted by the terms of sale may b0 paid for through deductions from pay over n twelve month period.

To organize and direct this feature of the new series, six regional payroll savings directors British Columbia, L. 1". worsley, have been appointed. They are: Vancouver; Prairie Provinces, H. A. Benham, Winnipeg; Ontario, J. H’. Ratclifie, Toronto; Quebec, G. Gingfas. Montreal and l. l. Morse, Montreal; Marltimes, C. T.

plaintiff's health ‘impaired by the acts of the marshals?

2-At what amount do you as- sess- the damages to the plaintiff because of his retirement before he attained 05 years of age?

Il-Wss the arrest of plaintiff, malicious, if you find there wall an arrest?

4—Who acted maliciously?

5-At what amount do you as- sess damages to plaintiff caused by his false ‘imprisonment, if you find that he was falsely ltrsprlson- ed?

Address Jury

Chief Justice Micbaudb two- liour address to the Ju-ry was ba- izun about 4:46 p.m. A recess was taken at 8730 and when court re-

Judga went on to conlplete his in- structiona to the Jury and then they retired. He told Ole Jury that it would not be necessary for them to bring in a general verdict but rather would they answer a num- ber of questions submitted by coun- sel for the plaintiff. defence and the court.

If after deliberating for two hours they were not in unanimous‘ agreement in their answers to each question they would have to

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. f consider again until they agreed 5 to 2 on any question on which they were- not unanimous. Should they not agree after two more hours of deliberation on a basis of 5 to 2 they would have to bring in their answers stating how many agreed and how many did not agree on every question on which they were not unanimous or divid- d on a basis of 5 to 2.

Chief Justice Michaud told the Jury that they must base their judgment exclusively on the evi- dence they heard ln court and that they were not to be influ- enced by sentiment, favor or pre- judice. “You must also bear in mind,” he said, "that the plain- tiff must provs his assertion by evidence. When one thing has been said by one witness and de-

riled by another you will have to weigh the matter carefully and dc- clcle who said the truth. That is the difficulty". i

Reviews Case

"What is this all about." In answer to this question the pre- siding judge went on to rcview the case, stating that it largely re- volves around the incident on June 2i, 1948, between the hours of about 9 and 10 o'clock in the morning at the residence of the plaintiff. That being the locus, he asserted, there were also certain surrounding circumstances which are impossible to overlook. He briefly sketched the history of Mr. Murchison’s relation with City Hall in connection with the pay- ment of tastes as brought out in the evidence and told of the rea- sons of D. James, the marshall entering the case and what transpired on June 21 at the resi- dence of the plaintiff.

“We have a situation where the plaintiff owed the City $70.79 in taxes. We have the city marshals going to collect the money. Pay- ment of money was refused. The other alternatives were the seizing of goods to satisfy the debt or in default of goods, the arrest of the plaintiff."

“Did the constable try to enforce payment by levying on or seizing the prqerty of the plaintiff to satisfy the debt. It is for you in

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decide. It is for you to decide if the constable sufficiently convey- ed to the plaintiff information that he had to lcvyon his goods or chattels and that he could do it. It was the duty of the marshal, before doing anything else, when the plaintiff refused to pay cash, to levy and seize the goods. It was the duty of the constable to find goods and chattels to levy on them. It was his duty to ask the plaintiff to point out the goods upon which the marshal could levy on and seize. That is the crux of the question."

“Would End Cass" Chief Justice Michaud then took

up in turn each of the questions submitted by the plaiptiff. In re-

aura to question three he pointed out that if the Jury decided that the marshals made sufficient effort to find goods and chattels that would end the case. I

Turning to the questions aub- mitted by the defence, the presid-

lng Judge said questions 2, 3, 4 and 5 are sub-questions w the crux of the problem, did the marshals make sufficient effort to seise the goods?

In regard to question one by de- fendant the presiding Judge told the Jury that if their answer was "yes" they were free to assess any amount but they must take all cir- cumntances into consideration, and 1f they assessed excessively, “it may not hold water." Each of the other questions was dealt with briefly as to evidence arid ques- tion of law involved.

Reverting to question six sub- mitted by tho plaintiff. Chief Jus- tice Mlchaud went on to exlplaiii what was meant by general and specific damages. “Did the events which transpired on June 21, 1048, contribute to the ill health of the plaintiff and lead to his retire- ment." He added that this was a very important matter and very difficult to decide. He also re- viewed evidence submitted by the medical men who testified during the hearing.

Additional questions submitted by the Chief Justice were than re-

viewed.

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The Answers __

The answers submitted by the Jury to the above questions follow:

Answers to questions submitted by the plaintiff:

(l) yes; i2) no; (8) nil; (s) no; (5) nil; (6) yea to a mliriolr degree 10 per cent (five to two vote by

Jury); ('7) yes; (8) yes. Answers to questions submitted by defence:

(l) no; (2) nil; (i!) yea (Jury voted 4 to 3); (4) $250 (Jury voted f to 3); (5) yea; t6)‘ laid hold of him and struck him; (7) yu; (8a) No attempt had been made to exe- cute levy on goods or chattels; (8b) $100.

Answers to questions submitted by Chief Justice Mlchaud:

(1) to s minor degree. 10 par cent; (Jury voted ll to 2); (1) $700 (Jury voted 5 to 2); (ll) no; <4» rill; (s) $100. ~'

Mr. Teed occupied the session oi the court yesterday morning wit! his address to the Jury and he was followed when court reconvened ai 2:30 pm. by Mr. Inches for ths plaintiff. The Chief Justice start- ed his address about 3:45 and had not finished when court recessed at 6:30 p.m. He completed his address when court reconvened in the evening and the Jury wen’. out at 8:30 pan.

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