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A WEEKLY JOURNAL

OF

POLIS

GZ Z L Z

‘*This is true Liberty, ~hev Freeborn Men, having to advise the Public, may speak free.’---Euripides.

nen SSS Se = _

pene

VOL. XXII.1

The Graminer Business Cards.

Ls PRINTED EVERY MONDAY BY PrP. R. BOWERS,

AT H.S OFFICE, DORCHESTER STREET,

A foaw doors West of the Catholic Cathedral.

Hurrah for the Railroad !

ly HB Subscriber thankfnl to his friends

and customers generally, for their patron- age since his commencement in business in UNION HOUSE Charlottetown, and = in

TERUS OF SUBSCRIPTION: Ten Shillings per annum, in advance; or

Twelve shillings when not paid in advance,

PosTERS AND HANDBILLS PRINTED AT THIS OFFICE.

OLUBBING RATEs: | TRAVELLING PUBLIC, _—- and hopes to marit a share of Publie Patronage

TE will send the *: Examiner’ for 1871, 1f you want to be in the basiness part of \ and any one of the following period- jeals at the annexed rates, payable in ad- yance: A-verican Agriculturist, £ Atlantic Monthly, Harper's Magazine, Galaxy Black weod's Magazine, Dublio Uaiwersity Magaz ae, Londou Review, 2 Dublia do Edinburgh do, Westminster de, North British do, North American do, Every Saturday, lilustrated, Appleton’s Journal, de, Harper's Weekly, Harper's Bazzar,

leave to inform the public that he has refitted up the Union House at a LARGE COST in- side and out, and is now prepared to accom- modaie the

TerMs Moperate.

o| A FIRST-CLASS BARBERS SHOP

0\in connection with the Hotel, where you will ‘always find the Barber at his post, nection with the above Hotel is an

OYSTER SALOON, fitted up in good style, second to none in the Provinces, where you can get Oysters done up in First Class Style, at any time up to 11 o’clock, p. m,, Sundays i excepted.

— x

oe ee ©

CHOICE LIquo/is of all kinds, the very best in the market, ard attentive waiters always inattendance. Come

_ CSwUwOwKKwemeacerreunw © OKUUKW eococccoecocoe cecoo o occe

eee eee tele ee tee et ee et et ee ee ee

Frank Leslie's Liiustrated Newspaper, one! Come ali! But don’t get off the track. fon rentals JOHN S$, O’NEILL. do Weekly Union House, oon do Herald, May 1, 1871. 3m do Tribune, do World, 0)

We can supply any of the English, Ameriean Apothecaries’ Hall,

or Cvlunial Publications, at the lowest cash | rhe Old Stand,

West Corner of Queen rates. P. R BOWERS.

Square.

ESTABLISHED, 1810.

. Husiess Gards 4 By Steamer City of Cork from ENGLAND. ‘ : e PPL LL LLL LOA OS |

Brigantine James from MONTREAL,

CAR D. ‘consisting of JAMES BEAIRSTO, M. D., ‘GENUINE DRUGS & CHEMICALS,

Physician < $ urgeon, Dye Stuffs, Varnishes, Paints,

Oils, Colors, Xe. GPOIEE AND RENIEENCS: PATENT MEDICINES, PERFUMERY, MRS. DEWAR’S, KING STREET, TULLET ARTICLES, &c., &e. CHARLOTTETOWN, P. FB. ISLAND. | The whole of which will be sold at a small ad

" ; . vanee on cost, May 15, 1871. an oe Se p. be tf Speetal attention, by an experienced hand, to

, _ ses y | the preparation by day and uigkt of Physicians

WILLAM JAMES HENNE $ | prescriptious and private recipes. AUCTIONEER, T. DESBRISAY.

Generalftroker, Accountant | Charlottetown, Jan 215th

A. HERMANS,

Bell- Hanger, Gun aud Tin- Smith,

Dorchester Steet,

AND COMMISSION AGENT, |

CENTRAL STREET, P.E.Island. 17. |

Summerside, am

COLFORD B&G5., |

TOBACCO, eigans,

and Smokers Articles,

ii , .. 4 acee May 1, 1571. ly

HENRY J. GAFFNEY, M. D. PHYSICIAN & SURGEON,

(Next to ‘* Examiner” Office.)

i EGS toreturn histhanks to the genera! public forthe liberal patronage extended to him since his commencement in business, and asks for s coutinuance of the same. keepsconstaity on hand

A neat Asortment of TINWARE, KITCHEN UTENSILS &c., &€¢., &e.

: wili be punctaally attended to. North American Hotel, Haviug lately made large purehases in the ee ‘pe RP’ | Cheapest Markets,inteuded fur House Builders, KENT STREET. | oa ah Charlottetown, Aug 3,1570.

ov Gas Fitting, Water Closets, MR, A. SMYTHE; Belt Fittings, &., &c., PROFESSOR OF MUSIC,

lam prepared to SELL THEM at RATES |AS LOW AS CAN BE HAD IN THE CITY, Has Removed his Academy to Water St,, (Opposite the late Telegraph Office.)

and will fit them up in a good workmanlike style To a generous public, | would say, that all

Orders in THIS BRANCH OF MY BUSI

NESS will be attended to with Despatch

-——_—-

Pianoforte and Melodeon Taning punce tually attended to. A Lot of First Class WAT:.R COOLERS on _ July 25, 1870. ly __ | hand. RVE on 3R’°S RYSTAL BLUE CARVELL BROTHERS, va opto a AUCTIONEERS, wae Commission Merchants, WON AND : GENERAL AGENTS, BANK BUILDING, QUEEN STREET,| Fryit & Ornamental Trees, Kc. Cote. 2.2 | (PPE Subsoriber wil ofer for Sale, wn thei A. McNEILLL, proper season, the following - Reading Room Poprietor | FrvItT TREES ! EO uctsstow MERELAM? | 800 Grafted Apple,of 7 different hardy kinds, AND at 24s. per doz, @ part Stans _ from c valli, N.S; 50 Crab Apple Treee,at AUCTL JN EER. Scout ; 1000 Uvgrafted or Seedling Ap- CHARLOTTETOWN, ple, raised from tie Baldwin Apple Seed. M 21. 1870 I These are sure to be hardy, and we have Se _— ye n> reasun to doubt but they will yield, WILLIA M DODD fruit, alter their kind, are from 5 to 7 feet ’ | high; gold at l@s to 12s. per ems. 300 : , Large Biue Plum Trees, and a few Green coms a 2 Geak as good as can be bad on the Island, wetreres” 9s. to 12s. per doz. A few dozen Red Ques SQuane, Cherry, Is. each; 500 Black Currant CHARLOTTETOWN, P. E. ISLAND Bushes, 5e per dozen, H. HASZARD: ORNAMENTAL! . : 700 Lombardy Poplars. 6s.to 96. per dozen Commissioit Merchant, I expect a few dozen of Oak Trees. aeeeeecie ee GARDEN & OTHER SEEDS! AND AUCTIONEER Uppe. Queen Strest, Also, a)large aeey ¥ pee kinds ; - & of Seeda, suitable for Market or Cheenpows, « ve’ private Gardens, ¥. §.—Orders from broad, and the country (See Catalogues of Seeds and Treas). ae aa The above will be offered for eale at the Sab- ; | gcriber’s, and at his large Double Stail i tH Charlottetown 1871 Fresh Seeds, 1871, intteMeee et Daye GF A LOWER SBEDS and BULBS. nae: ener ae? INDIAN CORN In regard to Cabbage and other Plante, J am Grown by an experienced cultivator in| making preparations to supply the Mar- AORNWALLIS. For Sale by ket boxed as last year, having 20 WM. R&R. WATSON. Ibs. of select Seeds in reserve for City Drug Store, Victoria Building | that purpose. April 17, 1871. — : EGGs.—! will pay the Highest Cash B 9 8 ?. Price for any number of Eggs, at the Market House. , A RED SETTER DOG, slightly lame, | JAMES. J. GAY. answers to the name of ‘‘ Bran.’’ Who-| Pownal Village, Lot 49. ever brings the same to Government Huse, April 20, 2871. or gives such information as may lead to his recovery, wiil be han lsomeiy rewarded. Private Secretary’; Utflce, April 17, 1971,

‘++ ANDBILLS and POSTERS H printed at Exawiner Office,

UNION HOUSE!

soliciting a continuance of the same, begs |

He |

CHARLOTTETOWN, PRINCE EDWARD ISLAND, MONDAY, JUNE 4, 1871,

Jusurance.

eee enn The Travellers’ Insurance Comp’y, OF HARTFORD, CON.

Cash Assets - - - - - $1600,000. |

Grants everything desirable in LFE & ACCIDE NT NSU RANCE

ON THE MOST FAVORABLE TERMS.

Accident Department.

fWV HE Travellers’ Insurance Company, in its |

Accident Department, is a General Accident | lusnrance Company, grauting policies of Insurance

against Death or wholly Disabling Injury by Ac- | | cident te. men of all trades, professions, and occu- | patious, xt rates within the reach of al!. It in- sures aguinst accidents by mac inery, accidents

| from the use of tools and implements, accidents

Charlottetown, stay at the UNION HOUSE | that occur in the usual and lawtul avocations of was originally commenced.

| life. as well as accidents by travel.

i . oo “ ° Genera! Accident Policies are written for aterm

of oue to twelve months each, and insure a sum of | $500 to $10,000 again-t Death by Accident, and $3 lto $50 weekly indempity fer wholly disabling in-

| for any one accident, at am annual cost of $5 to $!0 per thousand for occupations not specially | hazardous. Hazardous risks taken at higher rates | _— } .

Life Department.

| Inits Life Departmeut, the Travellers grants | fuil Life and Endowment Policies, embracing the best features of the best companies, bat without

|

the complications or the uncertainties oc the note | ge] lying alongside of the wharf after it was | know what it is now.

jsystem. It sells Insarance rather than future | ** dividends.” | rity isample and unquestioned, and its rates of |premivm are exceedi-gly low. It prefers to do | business on a cash basis, and thus gives its policy- | holders advantages not attainable under the credit system.

“Premium system, the favorite low rate cash plan. ‘

All policies non-forfeitable. Its ten, fifteen and twenty year policies cau be converted into Endow- ments, at the option of the insuraut | is original with this Company.

| The Travellers’ furnish everything desirable in leither Life or Accident Insurance. It bus issued }2!5 000 veneral accident policies ana Paid Four-

}teen Thousand Claims for death or injury by ae- | cident; the amount thus returued to policy holders

averaging about Seven Hundred Dollars a Day for

lever working day during the past .even years.

In its Life departmeut it has written 11,300 po

and other recent arrivals, the undersigned | licies; and its Low Rate Cash Plan is steadily 'has completed his importtions for the winter, | yrowing in favor with the insuring public.

reg Example of Life Rates.

The holder ef « policy for $4000 will pay an an- nual premium of $7020, which will cost in most other companies very nearly $90 Hence the ae- sured can secure in the Travellers a Life Policy for over $5000 for the same auuual premium as charged by other companies tor only $1009, and the insurance take effect from date of poticy with- out waiting tor bonus additions, which are uncer tain, and at best require the assured to have a guarantee of life for a number of years iu order to realize.

Kalifax Board of References: Hon W. A Henry, Mayor. A. Uniacke, Fsq , Custos. S. Tobin, Esy , Ex Mayor N Clark, Esq., Clk. Peace. G. Taylor, Esq., Sup. N.S. R. James Scott, keq., Merchant. E. W. Chipman, Esq , do W. N. Wickwire, M. D., Medical Referee.

Canada Board of References:

C. J. Brydyges, Esq., Managing Director Grand Trank Kailway, Montreal

W.K. Muir, General superiuteudent Great West- erp Railroad, Hamilton

Hon L. Holton, late Minister of Finance, Moutre-

al.

Hon. Alexander Campbell, Commissioner of Crown Lands, Kingsto». f

Ilon. W M. McMaster, M. L. C., Firm McMaster

& Neplews, Merchants, Toronto William Workman, Esq., President City Bank, Mou' real.

| Hugh Allen, Esq.. Firm Haugh & Andrew Allen, General Merchants and Aygeuts Moutreal Ocean Steamship Company, Montieal.

J. L. Beaudry, Esq , Mayor of Montreal.

Edwin Atwater, Esq-, Firm E Atwater & Co.. Merchants and President Citizens’ Insurance Co., Moutreal

Henry Starnes, Esq., Manager. Ontario Bank Montreal.

James Johnson, Esq, Ex-President Provincia! Exhikitien, London.

Applications for Life or Accident Insurance are respectfully solicited. : J. D. WELLS. General Agent for Maritime Provinces Office in McLeod's Buildings,

No. 114 Hollis Street, Halifax. 3 m.

BOSTON STEAMERS |

ell

NE of the above Steamers will leave Bos- ton every Saturray for this Port, via Halifax and Canso, commencing on the 8th inst., and will continue, until farther notice, Returning, will leave Charlottetown every Thursday, at 12 o'clock, noon. For Freight or Passage apply to CARVELL BROS, Agents. Ch’town, April 10,1871. if

coils

Summer Arrangement, STEAMER

HEATHER BELLE

EAVES MOUNT STEWART BRIDGE L every TUESDAY and SATURDAY morning at SEVEN o’elock, returning same days about THREE, P. M.

Leaves Orwell Every THURSDAY and FRIDAY morning at SEVEN o’clock, returning same days about THREE, P. M. Leaves Charlottetown for Crapaud

Every TUESDAY night or WEDNESDAY morring, according to the tide, returning same day.

By order, F. W. HALES, Secretary Steam Navigation Co. Ch*town, May 8, 1371.

THROUGH TICKETS

TO ALL PLACES IN

Canada, Western States, California, ete., at lowest rates, on application to

F. W. HALES, ‘Steam Navigation Company's Office,

May be had

Ch’town, April, 24, 1871.

Salt! Salt! Sale!

10,000 bushels Cadiz Salt.

_ Subscriber offers FOR SALE, im- metiately on arrival, in lots tosuit pur- ehasers. the Cargo of the Brigartine Kate, now on her way {vom Cadiz. GEORGE W. HOWLAN,

Cascumpee, April 3, 1271 bsj2m

Its contract is a plain one, its secu- |

‘This feature |

Lower Water Street.

SUPREME GOURT.

Important Civil Suit, respecting the Right of Way and alleged Obstruction at the west end of Pownal Street.

CARVELL, ESQ.

RESPONDENT, MARSHALL FLYNN; APPELLANT, DANIEL DINN,

An Appeal Case from the Mayor’s Court te the Supreme Court,

————-

(ConriNUED.)

Hon. Joseph Pope sworn. |L. H. Davies. I know the property, it was |in the possession of the Crdnanee Depart- jment. lL remember the building of Pownel | Street Wharf lt wes commenced in 1843, and built in 1844. ‘| remember the way it I recolleet hav- | ing several conversat.ons with Mr. Mcvonald | who took an active part in the wharf, object was to carry it up close to the Ordnance | property—that would include all the space

In cone! jary by accident, not to exceed twenty-six weeks | of Pownal Street eo that there woula be no | there in 1851.

room between the continuation of Pownal Street and the wharf. ‘The Ordnance De-

it. When the line was first laid out for the

| join the Ordnance W barf. | built, and she struck against two of the | butments,driving the wharf to the westward Two blocks were canted and that gave the |wharf acurve. That was in 1853. The blocks were not piled up. The vessel upset 'the butments, and they were rot re-placed in ‘aright line I do not know enything about the repairs the city was making last year /upon it, It is in my recollection that the wharf wae orign‘ally built straight. I have been quite conversant with the facts.

Cross-examined by Mr. E. Palmer. [al- most know the facts myself that you have stated Mr. Pope, you say the object was to occupy the width of the etreet instead of ony @ part, as the wharf now does? Wiines:.—It was intended to absorb the whole epace, so that there would be no room at all left batween the Ordnance property and the wharf. The vessel upset the blocks supporting the wharf, and it was rebuilt upon the spot where they were left.

William Cundali sworr. 1 knew Owen D. Evang when the was alive. He Jeft documents with me,one dated 9th November 1847, regis- tered 13th March 1848. ‘This purports io be a letter of Administratiog of the Estate of James Purdy. 1 believe Mr. Purdy .6 dead This document purports to be license to sell real Estate. Ancther dccumcnt ,urports to be a decd of a certain water Lot. 1 believe itis bis hand writing. It s dated 10th May 1859 and recorded un the 15th.

Thomas Lund swore, Examined by Mr. Hodeson. Ll kacw Pownal Wharf. I re- member when Mr, Purdy said he had a lot of jand there, In 1860 he had erect-d blocks | better than half way down the wharf, for | putting boats on. Mr. Purdy erected them. The boats went op the tlocks ard rested against the wharf. The last I saw on the blocks wasasteamer. The blocks were with- in six or seven feet of the wharf. Mr. Bol- ton being a stranger here, he got me to see about getting the sieamer repaired, IT think we were ad:y and a half at work upon it, ‘he Harbor Master told me the blucks be- longed to Mr Purdy. Ue went to Mr. Purdy then, and he told him to take his b at upen the blocks. There was one set of blocks up and down the wharf—betier tian half way down. ‘Ther haulcd the beats on one after another. This was built for Mr. Belton by way of experiment. Osher vessels could go on there. I thick it was built for Mr. Bolton by Mr. Purdy. I remained there that whole summer. I don’t think it was there next summer, as it was taken away by the ice I recollect the Sylvester Mason, in a gale of wind, sent the wharf towards Mr. Lord's wharf, and another vessel, next year, struck it frm Mr. Lord's wtarf and sent it back the other way. The wharf is notstra ght, They are adding to it both ways, from the east and west. Ido not know who is adding to it.

Cross-examined by Mr. Lovgworth. I know the present breastwork; have scen it lately. The blocks, 1 think. were down more towards the end of the wharf than the breast- work, They were down more than half way between the shore and the extreme end of the wharf. I cannot say what the position of the present breastwork is in reference to the blocks. I cannot answer the question whether the breastwork is more than half way down the wharf. Te schooner from Souris struck the wharf and drove it to the west, before I came to Charlottetown, Before that I lived in St. Peter's Islavd. I wad oceasion to visit Charlottetown, I never came up and down by way of Pownal Street; | came up Cut Street. I have eeen men hauling seaweed that way, and have seen men going to attend the 1aces that way, and saw Dr. Jenkins go that way to the races three winters ago. I do not think my neighbors use that passage very much, 1 was in Court here yesterday a few moments, If the parties stated that they cume that way, of course I would beieve them. I never saw it bushed. I have seen boats come in that way asd land on the wharf. They could come in, I sapposs. | do not mean to say that they did not do it.

Capt. .Eyans sworn, Examined by Mr, Hedgeon. I recollectseeing the boat bau'ed up 0. this gridiron, We were anxious to examine the bout’s bottom, aud we took it up on the gridiron to see whether it needed repairs. I think this was in 1859 or 1850. I know that Mr. Purdy got the blocks made. It would be useful for any other veesel, The City would not allow the gridiron to touch agaiwet the wharf, but it was only a short distance off it. I did not see any money paid for the use of the gridiron, but I suppose Mr, Pardy was paid. ‘Lhe veceel was 150 feet long, and the gridiron, about the same length. The width, I think, was not as wide as the vessel’s guards. I sould say it was between 20 and 30 feet wide. It was not floating, but fastened to the ground.

Cross-examined by Mr. Breeken. I think the gridiron was erected in 1860. It extend- ed tally half way down the wharf. I cannot tell how far from the wharf, but it was only a short distance. 1t was constructed by two large blocks of timber laid parallel, and other sticks across, so that we could work at the vessel’s bottom, It was got up for steamers. I think it would be useful for other vessels, I think we used it only one season, Cannot say why it was taken up and removed from there. I don’t know who removed it. There were two tier of timber, a foot or fifteen inches square, and two laid acr-ss those. Qaur boat drew six and a half feet of water,

Hevry J Cundall sworn, Examined by Mr. Hodgson, I remember the first survey made in laying out the wharf. It was made ‘in the year 1850 or 1851, when I was a boy. It was before I kept @ regular field-book. I know the year I made it in, because I marked (on it the year 1850. I made another plan ‘subsequently, The west side of the wharf was straight atthat time. The part marked brash ‘on the plan is the part that was combined. Supposing the wharf is in the same position now that it was in 1851, the distance between the wharf and the breastwork would be 16 ft.,

in passing through.

The

wharf it was intended to be straight, and to) you, The# wasa ves-|

ICS, LITERATURE AND NEWS.

{ NO. 23

some ground and made some fresh encroach- The wharf is in some places more to the westward, and in some place less, thaa in 1868. The part opposite the breastwork was | the wharf, altered. The whart encroached on the water | down, and when it was rebuilt again. lot of the Purdy Estate, and the alteration in | not say for certain whether we built it closer claimed it.

ments.

the wharf.

The way we built tne bottom | not outside the breastwork ,but more than half. part was by cutting notches in the ice, and in way down the wharf. There were two wreck.

the notches we laid the logs about 8 feet from ed schooners drawn up to the wharf and lying

I was there when it was

uiled against it. can- claimed the ground, and | heard that the City

I understood that Mr. Pardy

I cannot tell whether it was by

(1868 goes still further to the Westward. Inj|to the wharf—did not take notice of the the ice or by accident, that the veseels were

from Purdy’s house.

| would throw the line a little more to the east-| the wharf than the old one. ward, and the encroachments of the wharf The breastwork is a On an average the breast-

;would be still more. | . . little off the street

I did not think |there was a great deal of difference between

them. The

| Ovoss-examined by Mr, Longworth.

| THE CITY CORPORATION VS. J. 8 | running the line, I took offsets every 50 feet | notches cut in the ice. I cannot state positi- moved out a little from the wharf, at any rate Mr. Wright's plan | vely whether the new obstruction is closer to they were got out of the way.

T don’t know

whether Mr. Purdy was compelled to takeone of them away from the side of the wharf, I know the fresh water spring that is there, as |nearas I could say it is within one or two

_ work is 9 feet from the outer edge of the piles | first one I heard them say, was &4 feet from feet of the line, between Mr. Burke and Mr.

|te the wharf. The brush 1s about 18 inches \to the westward of the lire of the street, | taking the range of the houses, and taking

Examined by Wriyht’s plan it would be two feet six inches, | when we finished it,

}

| Cross examined by Mr. Brecken. ; made the first survey in 1859 or 1860, I was not a regular surveyor. I hed no instructions to delineate the wharf very particularly. This was made preparatory to making a plan of the City. I made another plan m 1868. | showing the street and al! Pownal Wharf. I ascertained the distance from Mr. Purdy’s old | breastwork and wharf; I think it was 21 feet. | Ido not know whether tha old breastwerk was At the end of the breastwork | it is 274 feet to the line of the wharf. I do not think that any one would go there unless

partment used the ;roperty for keeping muni-| debarred trom going any other place. I dare tions of war, and they always had access to | gay the public have gone there.

If you want |to know anything about surveying, I can tell The distance from the edge of the brush \to the wharf was 9 feet on the ice. I do not I am aware that the ice shelves a good deal in winter time, It breaks up in cakes, and is never good along the wharf; everyboty knows that. [ do not think that @ man should approach closer than than 6 feet to the whart. I could see distinctly—was regulated by the l.ne cf the buildings. I saw that it was suflicient'y clear of the line of the street. I have no doubt but that beats could come up that way to the wharf. The brush work is an obstruction to aaybody coming ap that way.

Daniel Diun sworn. Examined by Mr. Hodgson. I was sued for putting up a uuisance,

Mr. Hopescn —They have improperly used the Queen’s nume here, and pretead to sue under a quasi indiciment. They ordered it tu be commenced, and of course they pre- judged the case, and gave verdict accordingly. If this bedy be allowed to ‘ssue a summons at all, it wust be under act of summary proceed- 1.8,

Jcepce Heystzy.—No man charged. with committing an offence should be aliowed te give evidence.

Mr. HopGson.—There is an anomaly in this cease. The defendant in this suit has been pre judged, and never had an impartial trial. Such an unjust case is unparileled in the jurisprudence of this Islund, and under these circumstances Ido submit that the witness has a right to be heard — if not I would then press the point that the name of the Queen has been improperly used.

Mr. E, Parmer —I do not profess to be an Expert Crown Officer, but this I believe, that there is no process to put an execution in which the Queeu’s name ean be improperly used, Any person may use the Queen’s name more especially ia this Country than in Great Britain, The prosecution is just as good whether the name of the Queen is used as without it. ‘The prosecutors name is put on the back of the wril, for this reason, that they have a right to ask whothe prosecutoris. A]: our prosecutionsare carried on by public prac- tice. A prosecutor is not essential to a pro- secution, but simply a breach of the Jaw.

Daniel Dinn was then dismissed without proceeding further.

John Henry sworn. Examined by Mr. Hodgson, 1 was working at the breastwork and remember the first erection that was built. It was put up one day and torn down the next, by order of the Mayor as I under- stood, The breastwork was not out in arange with the street. I think the first breastwork was fully nearest the line of the street, it wae fully a foot from line of the’street. I ranged it with the factory. 1 was employed there by Mr. Carvell. I think Merry pulled down tke brush, 1] had instiucticn from James McD n- ald not to come over the line of the street. The breastwork did not project atall. I think it was over 8 feet from the wharf. There was considerable of a thoroughfares there in winter. There were not many be- sides those hauling shingles &e., {rom the fae- tory. Where the breastwork was there were various tracks on the ice.

Cross-examined by Mr. Longworth. I as- sisted in putting up the breastwork, and saw it measured to the wharf by D. Dinn—cannot say for what purpose. I presume he measur- ed it clear of the projecting ends of the brush [ cannot say whether the end was perpeudicu- lar--the idea was to put it up as square as possible, and I think the idea was followed out. There might have been a little twig or two projecting out atthe erd of the breast- work, We were some days erecting it. We completed it about the first of March, and it was torn down the next day. I reside ocea- sionally in town. I have not been many years here. I know nothing about the travelling there only the past year. I think there was a depth of about 5 or 6 feet water at the end of the breastwork. There were several tracks there—cannot say that some tracks were more defined than others. Inside ot the breastwork the lines would concentrate, but outside they would take different tracks. Before the breastwork was put up they passed up the west side of Pownal Street Wharf.

James McDonald sworn. I am in the em- ploy of Mr, Carveli, and gave orders to men to work ou breastwork, I asked Mr, Carvell’s opinion, and he told me to put 10 feet from the wharf, and to be sure to keep inside of the line of the houses, I did not think it neces- sary te follow the order strictly, The width was 84 feet from the bottom of the breastwork which was then on the ice. There was a big crack across which belged up the ice. Daniel Dinn told me that they were pulling the breastwork dowu, and I told Mr, Carvell. He was busy in his office, and told me to let them pullaway. It was notthen finished. We built it up again, and putit 9 inches by my eye nearer to the wharf, fur Mr, Carvell told me to.move it out nearer to the wharf. [do not know no more than j supposed the Mayor ordered it to be pulled down, I beard no one order it to be pulled down, only I un- derstood it was the Mayor, I received ao summons, ‘The present breastwork at the top is not within lize of the street. \Whea we left the sticks might have slid out a little.

Cross-examined by Mr. Longworth, I have lived with Mr. Carvell about years and know the place very well, I have seen the public travel that way last winter. I might have seen a sleigh or two before last winter, I have seen only one lighter come there to my know- ledge. The space between, at the top of the | wharf is 8,feet 8 inches. In winter the ice 'shelle off from the bank — the ice does not fall so much at the wharf as at the offside. | the ice kept level, a man could drive in with horse and sleigh pretty elosete the. wharf. ‘The |public had not as great facilities after the | breastwork was put up as before. I measured

wharf. I beard Daniel Dinn say so sometime ,after the rampua, I never measured it my- self, I think we lefs it 84 feet off the wharf I think if I had a horse

When I| to-morrow I could drive a load through it—|or two feet of Mr. Burke’s line.

think I could navigate through it. I have lived in town not a great while, about three years, I saw horses come up that way last winter, and a few the winter before, I never heard of horses coming up before that. I am rota farmer myself; sod wis in the habit or bringing in commodities that way,

James McLeod sworn. Examined by Mr, |Hodgson, The Police did not lay hold of me but came pretty close. I did not like to spill any blood about it. I was employed there by James McDonald. We made the breastwork nearly with the line of the etreet. The brush now is nearer the street than the first one, by 10 or 11 inches. The way I knew, I measur- ed it. Lam aship carpenter, I took a bat- ten and laid it against the opposite side, and then took my rele and measured it It was not guess work I am sure—the rule is a good one. The first breastwork was 8 feet 6 inches and the Jast one 8 feet 3 inches, Cannot say what the measurement would be from the bot- tom of the present one—eannot get down to measure it. Tke piles of the wharfare not driven straight down, They bevel off to the east and that is what makes the difference. They summoned me off ta the Police Court. I saw the Mayor and Councillors down poking about. Idid vot hear the Mayor give any instructions, All I heard, was when he gave me 14 day s imprisonment.

Crose examined by Mr. Longworth, I was assisting at this barricade, and in measuring it. My own mind induced me to do this. I thought there might be some disturbance. Danie! Dinn was present when | measured it, we both measurea it. I think both our measurements willagree. The second erection, I measured on the ice. The first was 8 feet 6 inches, anid now is 8 feet 8 inches at top. I did notstreteh @ line to the top, I stretched a pole. I wil! swear that it did not alter its relative position from the firetone. I measured the two inches from the end of the log. There might be brush ends hanging out, These jagged ends might pulla wisp cut of a load of hay. I left good space for loads of hay to passup I did not eee a load of hay passing up there since the 9th of last February. I saw horses poss up, but none since the 2ud March. Sup- pose the ice was good, I could take a load up now,

James Purcell sworn, Examined by Mr. Hodgson. Iwas working ot the breastwork, and they pul'ed it down on me, I ranged the first one, and it was not in on the line of the street to within a foot. Some men who were

working for the city, pulled itdown: I did not hear the Mayor give orders, the second

one is nearer the wharf than the first, by 8 or 9 inches, I saw astick stuck in a hole on the ice when the first one was erected.

Cross examined by Mr. Longworth. I did not see the stick put down, but after it was down—cannet tell how many day’s after it was putdown I sawit, The newspaper said it was James McDonald or Dinn that put it down. I do not think it was a surveyor stuck it there—it had no marks on it—it was put down as & mark for the first breastwork. 1 ain certain ofthat. There was a crack in the ice where it was, I will swear that I was there ten day’s after it was put down, 1 sup- pose there was 8 or 9 feet space between the breastwork and the wharf—never measured it, The measurement took place on the ice, and saw them measure it again some day this week, [ was in the mill. 1 was not near enough to see how many feet it was. I could see shat it was eight or nine feet. I could cast my eye along it as well as another. lam sure that it was not on a line with the street. If the other witnesses say it was, they did not tell the truth,

Daniel McDoualdsworn, Examined by Mr Hodgson, I was at work upon the first breast- work. I did not range it with the street, but they had a stick stuck up, and they called itthe line of the street. I went upto the house and put my eye on it, and could see the breast | work, should think the second one was closer to the wharf than the first. The second breastwork came nearer to the spring-hole than the first, the difference was 6or 8 inches. The first was pvt back a foot from the stick, and the second was put a little closer.

Cross-examined by Mr. Brecken. I did not see them put down the stick, but I saw them put down anotuer one towards Mr.

3urk’s line. There were others in a line with it. The stick wes put downin the crack of the ice between the brcastwork and the wharf. I don’t know what became of the stick, nor whether it was on the line of the street. I heard McDonald say it was. When the first breastwork was tora down, the next was built up the following morning. The crack wae not b'g enough for the stick, and the hole was cut large enough toadmit it. I suppose there would be 8 cr 9 feet between the hose and the wharf. [did not measure it. There was space enough for a borse to pase if the ice was level. I don’t know ubout horses passing and repeseing. I did not live down there.

Edward Churchill sworn, Examined by Mr. Hodgson. I was in the Court yesterday. 1 heard Merry give his statement. Mr. Allin was one of the Judges who tried the ease in the lower Court. sation with him. I heard Merry swear. I think his answer was 4 feet or 44 feet space to the whart,and he afterwards said that he would not swear that it was 7 feet to Mr. Ca: vell.

Cross-examined by Mr. E. Palmer. 1 am not in the employ of the Government nor of Mr. Carvell. I know his name, because I heard them call him Merry. Mr. Carvell in- terrogated him at the first trial when he swore that it was 44 feet. Ther he asked him to swear that it was 7 feet, and he would not, } don’t kpow thet there was anything said in disparit of the distance between the top and bottom, but that it was 7 feet to the wharf. | don t recollect hearing top or bottom meution- ed. I don’t think there was anything said about the wharf tumbling towards cast and west. Saturday 11 o clock, Court opened. Judge Hensley presiding.

Bernard McPhilips sworn. Examined by Mr. Hodgeon, .I don’t know how much water at the end of the breastwork. ‘Lhere is stoue discharged on the wharf—pever saw a Ji zht- er discharge et the inside at Purdy’s gap.

If| Stone are not discharged so easily a1 brick. | work.

In regard. to winter, when we have snow ‘here 'we haveto much of it. The ice gets dirty, and the. sand rune down uponit, Cut Street gets bad inthe sgring, I might have seen

l think I had some conver- |