NO he ES EE a ee a ie aii

ee wreaalip tnt. We sae vecdnMlina

Fr al ae a

eg ee

Sancta tt

Se A A eaten

—_ t

<a gt

NM EE AE tt AN 5 iy i TR

~ * ae - Some aa =

acs tare ato

Ce eee

ieee 0 ame ="

jet SE es Pen aS aps

. -

a ee eae

their pant’s pockets with scissors.

_ water.

‘Eliza put binding on.

‘mot tell what took place that night.

—————

‘ SS apemenantensencinamnsint

—a

i. rte EN

Leela en TR

eel

to do with that,

went off to bed right after this. I don’t

wmnember that Harry or Eliza said anything. | | The first : \bed the hall on the 13th it was dry by 10)

‘o'clock; she could not say about the bar- | room.

The first | saw this powder was in Mone- ton. One day Osborne told me to go and tend bar and to put in 3 grains of the powder when I sold a glass of liquor. I sold sev eral glasses and put this powder in them. | have seen this powder used in other bar- rooms to strengthen liquor. L lave seen this powder used at Gorden’s, Jardine House, Campbellton. The Osbornes were in the habit of putting people in the loft after they got them drunk and cutting out

in Moncton told me they did it to hin. The box of powders in the Waverly House was nearly full; very little outside. I never heard it called a mortifizer. Saw no bubbles arise when this was put in the I didn’t see McCarthy with a flask that night, but I heard Eliza say he had one. | am sure they had four drinks that night. I never said they had five. _ Mrs. Osborne separated the money herself that night; no one helped her; she didn’t count it—just split roll in two. I am very sorry

that I didn’t take half of that money. 1

saw that the outside was a $10 bill) When the money was on the counter q saw ficures 10 and letters on the back of bill.

In my other statements | said that when L left, Mrs. Osborne told me to hold my tongue.

Harry held the end of hatchet handle and swung the hatchet to strike McCarthy. He didn’t strike so hard the second time. He held the hatchet in the right hand.

Harry, Eliza, and Mrs. Osborne were about the house all day on the 13th of Oct.. and went to bed about 11 or 12 o'clock. You never found them sober in your life. They all went right to the bar- room every morning as soon as they got up, and got a drink. They were about half drunk on the 13th Oct. ~ Lrecollect Sturges, one of the apple tree men. iam prepared to swear that neither Sturges nor Mr. Merrick took breakfast there on the 13th Oct. There was nostran- ger in the house to take breakfast that morning. 1 am positive that Campbell, Sturges, or Merrick did not sleep in the house that night. I made Campbell’s bed on the night of the 13th; he had been in it. can’t swear that he did not sleep in it that night (12th Oct.) Campbell went out about 10, and if he came in again he must have come early.

I was at Osbornes irom 7 or 8 days be- fore 12th Oct. The wagon seat had nota very high box; no rungs on the back. The corner was cut round. I found that the back of the seat was a flat board that night when I turned it round. If I swore that the back of this wagon had rungs in it I awore to what was not right. 1 saw the overcoat three times in Osborne’s house after the 12thOct. Mrs. McCarthy wasdown to see me last winterat Hampton. I expect- ed you would come down and see me. She took me some sweetcake and other little things. She also wrote to me saying that some fellow sent me some compliment and some love and so on. I read in the paper that McCarthy's bedy was found. Dr.

ul told me the body had been found. Sproul told me last Sunday that the watch and coat and revolver were on him. He didn’t tell me about the shell. I first knew _this last Sunday morning. I always ex- ted that when the body was found that e would have the clothes on because I missed the clothes. I never swore that Eliza cut the sleeves. I saw the sleeves to- day; they are not cut now. I didn’t see I heard Eliza tell her father that the sleeves were too long for him. I expect Mrs. Osborne thought I was an empty head and gave me the drink with wder in it to make me stupid so I could I don’t recolect that Harry told me when he re- turned after putting the body in the river that he went through the potato field.

Court adjourned until 10. a. m. to-mor- row morning, when Annie Parker will be cross-examined by Mr. Gilbert. Her man- ner of giving evidence to-day was character- istic of her, she being disposed to make light of all serious questions. She succeed

to a certain extent in workirg upon the

risibility of those present, and at times with such success that even the prisoners them- selves found it difficult to refrain from laughing.

(From the St. John Telegraph. )

The following is the conclusion of the eross-examination of Annie Parker :—

By Mr. Gilbert—He sat at one side of the folding doors, so that his side was towards me as I looked in from the room where I was scrubbing. He sat between the open- ing of the folding doors and the fireplace. I could see what he had in his hand. He left about 10 o’clock. I did say in the first declaration that that was the last time I saw McCarthy. That was tothe Sheriff. I did not care what I said to him. I said I heard what I saw. If I did say so, it was not true. The reason I did not tell the truth was I did not want to. No one gave me to understand what a solemn declara- tion was or I would have told the truth. Justice Wortman did not explain to me the nature of a solemn declaration. Can't swear whether or not on that occasion I said I last saw McCarthy at 10 o'clock. I now swear I did not say so then. In my examination of 23rd January, under oath, did say I did not tell the truth in my solemn declaration when I said McCarthy was last seen alive by me at 10 o’clock that night, Oct. 12th. I wes excited then ; it was the first day I was on the stand, but I understand you (Gilbert) now. I was in the dining room when I heard Eliza say to Harry that if McCarty wanted her worse than she wanted him, he could come after her.

The counsel here asked witness if she ‘wiped up the scrubbing dry, to which she replied: ‘‘If you had been there you would have seen for yourself.”

Mr. Gilbert said he did not want the wit. ness to treat the subject with levity, agit was a serious one.

That was all I heard. 1 | terially affect the inquest whether sh ithe floor dry or not.

\ man |

eed

se ; : . } Witness, continuing, said where she scrub- |

[ did not in my solemn declaration say [|

looked down and saw McCarthy, but I said the Osbornes ordered me back, and I went \back. That was not true. Don't know

| down.

‘whether I put out my light or brought it against him.’ When I came down there was only! in our day and did he see the persecution to

are etonee A LL OAL OT

>» wil vd 7. r ‘ r j T 7,’ — i THE DAILY WX AMIN ER, 'in the profession and administration of the

MAY 21, 1878, The Philosophy of the Patriot's Detraction of Mr. Pope.

———

Ir was Jonathan Swift who remarked that ‘‘when a true genius appeareth in the world, you may know him by this infallible sign, that the dunces are all in confederacy And were that writer living

la lamp in bar room, not turned up high. which Mr. J. C. Pope is subjected by the

‘We were all in the bar-room when the | Pp | stranger came in at 12 o'clock and got a}

drink. The door was unfastened and re- mained so for a few hours. As far as I know, when they took the body out the door was locked. I know it was locked, but saw or heard no one lock it, inor heard any one told to lock it. They had 3 drinks before the powder was put in McCarthy’s liquor; all drank but me. Don’t think they were very sober. I did swear they were about as sober as usual, neither tight nor sober. {! never invited folks there ; I expected Fraser that night because he told me he was coming. I don’t know where he went, had a herse and wagon here: saw him that afternoon about 2 or 3 o'clock; he promised to be there sometime ‘that night. There was a dauce that night, but he did not ask me to go toit. I did not ask where the dance was. Don’t know whether he went away with his horse and wagon or not. I did not follow. There were Frenchmen living in the Johnstone house; think a tall man and one with a moustache; both named White; his brother- in-law was there, or they were staying with them. Don’t know when they left Shediac; was in their house only once, just a little while before | went away.

Q. by Mr. Gilbert—Did you swear at Moncton that the 5th time the Osbornes treated and gave McCarthy the powder, they did not drink !

A. No, I did not. Every time Mc- Carthy drank they drank, and he did all the treating.

When I took two swallows of liquor it! did not affect me as the powder was in the! bottom not stirred. Can't tell what they had in their eye, but it is still my opinion they wanted to killme. They gave me this after McCarthy was dead, after I saw the effect it had on him. I had to take it then for my life. I did not hallco or run out of the house; I was too frightened to run or make any disturbance. His feet were turn- ed towards the bar-room door leading into

breast. It was a slip knot around the stone and a fixed knot around his neck. The stone was on his breast when they carried the body out, and it did not fall off at all. Don’t know whether it fell off his breast when they put the body in the wagon. He seemed dead and soft. Was a large framed man; if the stone fell off in the hall I would have heard it strike the floor. The open- work back seat had reference to Osborne’s wagon; it appeared to be black at night. Never saw Mrs. Osborne counting the money; she offered me about half in bulk. Was about three or four feet off the money, the money was on the counter. (A bank note $5 bill shown); cannot tell if it is a ten dollar note. (A $10 note produced, and back of it shown). Witness says it is a ten dollar note. Don’t pretend to write, ten or a five. Sworg on a Bible that night. (Witness here gave the dimensions of the Bible used). arry said: ‘‘Annie, swear you won't talk about this murder, so help you God.” They had plenty of chance to search all the pockets. Got money out one pecket only. Have sworn the overcoat was too long, but did not swear Eliza cut the sleeves, but that Eliza told she would cut them.

Question—Did you not swear that he (Mr. Osborne) did not put the coat on, and that Eliza cut the sleeves so as to fit; that she cut apiece off the wrist, and put on black binding? did you not swear to that?

Answer—1l did not swear to that.

Did not look at the clock when Harry left, neither when he came back. Did cry when I went up-stairs till I came down, when called by Mrs. Osborne. There was nobody in the kitchen when I came down the first time. Made a fire first in the kitehen stove about 6 a.m. ‘The fire was all out. What I say now is true. The water I washed the blood. with was luke- warm. Was sick after that time and in the doctor's hands, not before. I was paid off when I left. One dollar was coming to me. They did not tell me they could not keep me any longer on account of my sickness or its nature. He never spoke to me on ac- count of my abusive language to his wife. (A powder shown.) That looks like some I used to mix in liquor. I told Edward McCarthy, before hearing of the hat being found, that the body was in the river. There was a piano in the Osborne House before the killing of McCarthy. Heard the Osbornes speak about paying for the piano, but don’t remember whether it was before or after killing McCarthy. They received a letter that if they did not pay for it in fuli, what had been paid would all go off in rent. After that 1 know of them sending some $40.

To Mr. Gilbert—Could not say if there was any more knots in the rope than what I have described and shown the jurymen. (Rope shown). It is the same size and kind of rope as that used. I know that the bed- cord upstairs, used for swings, had only two strands. There was no light in the ladies’ sitting room after McCarthy came the second time, after or before the killing.

the hall before putting the stene on his/

atrio’s editor and correspondents, he

would be doubly confirmed in his obserav-

tion.

The remark applies to principles as well as itdoes to men. Whenever men who can read their country’s requirements better than their fellows, offer solutions to public questions which would never occur to others, they are generally the butt of the routine worshippers of their time until these latter see it to their advantage to conform to the new idea. Confederation is one proof of this. Whodoes not know that the states- men who saw that measure to be for the ad- vancement of these Colonies were opposed most strongly by those who did not see any good in it till their conformity to public in- telligence gave them the hope of a new lease of office? Our Railway is another striking proof of this same fact. The men who did their best to decry our Railway—whose motto, as they harangued throughout the Island, was ‘‘ No Railway ’—completely changed their views— #fter they had ridden to power on the frantic ery—-in order to se- cure the support of those members whose constituents were alive to the benefits of Railways.

Looking back at the actions of these men, one cannot help calling them ‘‘dunces’” —if their words were the measure of their in- telligence at the time. To attribute them to sheer want of intelligence is surely the most generous view of the matter. But there seems to be method in their stupidity. We would net be surprised to see the so-

change as Mr. Charlton did—only in the opposite way. On the faint supposition that the present Premier be returned and his Protectionist adherents make ‘‘Incidental Protection” the condition of their support and of the Government’s existence, our con- temporary would most probably view the situation in a very different light—shed on it largely by the prospect of reward.

_—_ UNV" > a= — .

Consolidation of Island Laws.

Any person who has ever had occasiou to look over the Statute Books of this Is- land could not have failed to observe how difficult it is to ascertain from them the Law on many points of daily occurrence. This is occasioned principally by the num- ber of enactments relating to the same mat- ter, which have been passed by the Legis- lature from time to time—each altering in some particular, if not wholly repealing, the preceding one. By this method of amend-

with a confused mass of Laws, some of which are long obsolete ; while others have been so trenched upon by numerous short Statutes, that in many cases fragments only of the original Acts now really apply.

The several enactments relating to judg- ments in the Supreme Court, Sheriffs Sales, Insolvent Relief and Bail’ belong to the latter class ; and with the twelve volumes comprising the Island Statutes at hand, a considerable amount of ingenuity is re- quired even to find the sections under which proceedings are taken. To attain the principles of the Acts in their present state and trace their application to parti- cular cases, is a still mote arduous task. In the above category may, also, be classed t perplexing provisions relating to distress. In fact the greater part of the Statute Law isin such a hapless state of disorder that it seems more like a snare to entrap than a set of rules for public guidance. To in- crease the difficulty of reference, the in- dexes are most unreliable, and in few in- stances can they be taken asa guide to the contents.

The time has surely arrived when some steps should be taken towards consolidat- ing the Laws and reducing them to an in- telligible system. The last revision took place in 1868 ; but much that was then in force has been since repealed. To make the work complete it should commence with our first Statute ; all repealed Acts and re- pugnant sections should be expunged, and those only published which are applicable wt the present time.

Legislation regarding Insolvency, Crim-

The evidence was then read over to the witness, who affixed her mark; after which ithe court adjourned till Tuesday, at 2| ,0’clock. j

;

| i ' '

—— = ee enter atenape |

WattHaM and Geneva Watches, in Gold | \and Silver cases, at J. F. McKay’s, North

Dr. Tuck said he thought the counsel Side Queen Square.

wonld agree with him that it did not ma-!

may 18—sod 3w

j

inal Law, and many other subjects, falls to the province of the General Government.

| This renders inoperative Laws heretofore

passed on the Island concerning these mat- ters ; and by this omission our Statutes, if consolidated, would be comprised in about one-sixth of their present bulk. The per-

| formance of this work is of importance to

=\law, it must be of special interest. _\duty of Government cannot be merely in

called Free Traders undergo as complete a;

ment the books have become encumbered

all; but to magistrates and those engaged

The

‘enacting Laws and heaping them upon the

Statute Book. Co-existent provisions on the same matters, often renders such legis- ilation very uncertain and imperfect. To digest into & method and make the Statutes élear and intelligible to the people must be as important an obligation as their enact- ment.

A sum has, we understand, been set down in the Estimates for the present year to meet the expenditure to be entailed by this work. It is to be hoped that the Government will appoint Commissioners of

system in which, instead of being a re- proach, they may be a credit to the in-

telligence of the country.

ENTERED.

shingles; Maggie, River John, boards ; brig Alpheta, McMillan, Harbor Grace, Nfid., ballast.

CLEARED.

May 21-—-Bonnie Kate, Wallace, ballast ; Elizabeth, McDougall, Pictou, coal ; Caime- leon, Tatinagouche, potatoes and oats; schr, Fear Not, Rose, St. John’s, Nfid., with 1,209 bushels potatoes, 390 bushels oats, etc.

QUTPORTS.

May 18—Cleared from Crapaud, the schr. Springfield, for Summerside, with 1,700 bush. oats.

May 20—Entered at Summerside, schooner Maria, from Halifax, with sundry goods ; Ossele, Pictou, coal; Minnie R. Me- Kenzie, 81 tons coal.

May 20—-Cleared from Vernon River, for Sydney, C. B., the schr. Union, with 1,500 bushels potatocs, and 222 bushels of oats,

REPORT.

Captain Harding, of the bright. Esperance, 198 tons, from Cadiz, salt, for orders, reports having had very strong weather, followed by light airs and calms, was compelled to bear away from Cape North, for Canso, an account of ice.

May 2nd, spoke schooner Hattie L. New- man, of Beverly, in 43 deg. 25 m., N.; 50 deg. 20 m., W.

May 4th, spoke schr. H. M. Curtis, St. John’s, Gaspie, in 45 deg. 12 m. W.; 52 deg. 15m. N

HOTEL ARRIVALS.

RANKIN HOUSE. May 18.—-G. H. C. Grant, Montreal. Grant, do. R. D. Greenless, London. May 20.—George Crawford, Montreal. W. B. Foster, Montreal. REVERE |HOUSE. May 19.-—John S. Scott, Newfoundland. May 20.—I.. S. McNutt, Malpeque. David Montgomery, Summerside.

Died.

On Monday, 20th inst., Eliza Matilda, wife of L. L. Beer, Esq., anon of George Wright, Esq., of Norwood Charlottetown Royalty. Funeral will leave the house at 3

o'clock, p. m. on Wednesday for Railroad Station.

J. E.

i ne eee

4 “+3 New DAdwertisements. AMERICAN BUCCIES! N arrival of Schooner Adelaide, now due from Boston, —

4 Light American Top Buggies,

1 Jump Seat Buggy,

3 Light Open Wagons,

1 Carriage (very stylish),

1 Landau (serviceable),

2 Marble Soda Fountains, (silver trinuning)s.

The above Carriages are second-hand ; but some of them are almost new, and will be sold on arrival at very low figures for cash.

¥..2. & W. i. DEAR. Ch'town, May 21, 1875— pat 2i

QUEEN'S BIRTHDAY !

NXCURSION TICKETS to Shaw's Wharf and back will be isssuned on Friday next for FIFTEEN CENTS. Steamer South- port leaves Prince Street Wharf at 5a. m.,

jand 3 p. m.

Regular market trips on Saturday.

C. J. HASZARD. May 21, 1878.

ee a = te ne ED

FOR SALE

A VERY SUPERIOR

Maker: Wm. Currier, N. Y.

Cheap for cash or good paper.

MARK BUTCHER, May 2—I]m

A SECOND-HAND PIANO |

JN_ GOOD ORDER. Maker—Chickering. Very cheap for cash or short credit, MARK BUTCHER.

May 2—im

A SUITABLE ASSORTMENT of Gilt Window Joi nices—ror THE SEASON.

MARK BUTCHER. May 21, 1878.—pat ar n-era her pres 1m.

NICE ASSORTMENT of Man A with Gilt Frame. ecm

MARK BUTCHER. May 21, 1878, pat ar n era her pres im.

May 21—Schr. Ripple, New Carlisle, cedar

NEW SQUARE PIANO. '

New ‘Advertisements,

At Montreal for Charlottetown, {CHOONER ‘‘ KATIE,” 99 Tons,

K) take freight at Low Rates for Sy side and Charlottetown, to sail about the 28th

{ inst. Apply to \ A. KENNEDY.

Ch'town, May 21--4i eod

TROTTING FACES| Friday, May the 24th,

at 2 p. m., at

ability to deal with a matter of such lasting UPTON PARK |

importance, and that an effort will be made without delay to compile the Laws into a

4 PLENDID Racing may be ex

b celebrated Sindas ” airy - ae ess,” with all tue other fast horses in the Island, are engaged.

a will start for the Park from the cor ner of Great George and Grafton Streets ; 12 o'clock till 3 . e ; from

&& No Intoxicating Liquors allowed on the ground,

May 158

sat tu & thur ar her Boston and Charlottetown

‘REGULAR PACKET LINE

ee

VREIGHT received for all places on P. BR Island accessible by water or rail, A vessel always on berth in Boston fer Fie, espatch, Low Rates and Caref Handling of Freight guaranteed, " For particulars apply here to

“ F.T. & W. L. DEAN, Our Agents in Boston—W. B. DEAN & CO,, 176 Atlantic Avenue, May 21—6m 3aw

A. A. BALDWIN & CO.

~-Have in Strocx-—

Rubber Army Blankets,

very useful and cheap—$1.50 FISHING TACKLE! A well-assorted Stock—Rovs, Fires, &c. CROQUET SETTS—VERY CHEAP,

WHEEL-BARROWS, American made—Light and Strong.

Tube-Rose Bulbs,

Only $1,00 per dozen.

Seed-Sower & Cultivator, Combined, A. A. BALDWIN & CO.

Ch’town, May 18—dy pat & s jour 2i

MONTREAL & ACADIAN SS. LINE.

, al iL

THE S. S. “VENEZIA™

ILL leave Montreal for St, John’s Newfoundland, on WEDNESDAY, 22nd inst., calling at’ this port and Sydney C. B. For Freight or Passage to St. John’s, N@’é, or Sydney, apply to

OWEN CONNOLLY & CO.,

Agenta

Charlottetown, May 17, 1878—4i

IBV BY.

H' HONOR the Lieutenant Governor will hold a LEVEE at Government House oa FRIDAY, the 24th day of May instant, at the hour of half-past Twelve o'clock, in honor ef Her Majesty’s Birthday.

Each gentleman is requested to be provided with a card to be handed to the Aide-de-camp in waiting.

_ Gentlemen paying their respects to His Honor on the occasion will please to enter by the eastern door.

_ J. LONGWORTH Lient. Col, & Aide-de- R. R. HODGSON, Lieut. Col. & Aide-de-Camp, Government House, May 15, 1878—

W. &. McDonald's - TOBACCOES !

25 Boxes Flat Chewing, 50 sana as British Conse 7

‘Gold Bar,” * Queen's ” 124

* Nelson’s aaa

a@ All the very highest grades, and CHEAP.

CARVELL BROS.

Ch’town, May 10, 1878—3w law

A GRAND Temperance Demonstration |

and Public Tea will be held at Victoria Park on Dominion Day, under the banner of the Grand Division S. of T.—Sons of Temper: ance, Tomplars, Reform Clubs and Catholis 'T. A. Societies from all parts of the Island are invited. Railway cheap fares. Tea on tables at 2.30. Tickets 25 cents; chi ‘under twelve 15 cents. Entertainment at& Tickets 15 cents ; reserved 25.

| W. W. BEER, Ch. of Com. | J. W. HODGSON, Sec’y. | May 1l--law dy

+ .

yr rer

naa

' OB PRINTING Neatly and Prom ie) Executed at the EXAMINER P ‘ing Rooms, Water Street, Ch

,

a