- I

PAGE EIGHT

” rm: GUARDIAN.

CI-IARLOTTETOWN

. - ...-.... ..

'aULY 14. 1951'

ltls a Field Day for Fun and Laughter . . . And ii Great Day For You . . . When You Go See

”Glve your turf and your seaml- humor a tug limit

-set: tMully'."

-- BOB HOPE

"MOLLY".

,GERTRiUl)'E BERG .. lloL(r obldbery

I

or .-

ADDEACH

INSIDE I r - I .74. e m

daughter. Lola. were visitors Montague on A recent Saturday.

Charlottetown. Valley

of Mr. i nell.

A l l l 'l.T ENTERTAINMENT

' IV MVS ' CARTOON

V Shows 2:30-T-8:45 "OLD FRONTIER"

CARTOON - SERIAL

Wj - report and the Trustees report were

SOIITIS and read by Mr. M. MacQuaid and

I O O .port congratulated the ratepayers 'on the improvements made in the

approved. The Inspector in his re- am, An,,.,,1',q:h,.;,1 Mmning W3, Public School during the past two

MM m s,,.,,.,., Huh school nnlyears especially the installation of Tuesday nlzhi, .I:ii.r: 226th. Mr. V. Wm Wm" hull"! ""1 ”W539- 3"” J. Fraser was nppuziitr-.d rliaii'man.l-'""5559d m9 min” W” '”i"5 The nilnutru in tho lnxi morting. M”kb0"d SW0! W” "C9d9d Ind

the inspectors rt-purl. the Auditors 'h' "Emmi W" "01 I3 ll lhmlld ' l-ybe.

The Maritime Waterproofing Co. is at present engaged in painting jthf! stone walls of st. Mary's church.

Mr. Joe Mullally of Souris River has taken an Instruction course

A cu l5f'j,t,7,'f; or

W

Mass. vacation (it her home in Lorrie alley.

Mr. and Mrs. George Ja,l'. Pis- quid. were x'r-cent. guests of Mr. and Mrs. Enrlc MacDonald.

Mr. Veriinn-;l.tiT'Dnnald. ('.li1ii'- Iottetown. was H recent visitor at the home of his brother. Mr. Wllbur MacDonald.

Mr. and Mrs. Earl Fmith and

family, Boston. Mass. Lorne Valley. spending an with Mrs.

Elmer Mclnnis and Mr.

Arthur i0Wf1. where they visited with friends. guest. on a recent Sunday.

Charlottetown.

LET the salt soul I air hlow yourxi troubles away ti-4 3 "

you sell on tho

"DOUBLOON" .. througn Cap.-mi... Breton's srenitz Ink!-s rntl. when the westhrris fine, across the blue Atlantic to fnninnflc St, Pierre et Miriurlon. Cruise; start

each week from llntlricck in the heart of Fnpn Iii-ctnn.

Here's .'l hnpnr. hrnlthy hol- iday thrills dlffnrrnf. Rates only 875 including fW'Pf')iillflI. Write for free .lIusti-lit:-rl folder which Vii! Ml" t'- mnitn rcsr.rvntions.

CAPT. 0. VI. IOUDREAU

F in swimming and Life saving.

Beacifior the summer months.

And will be in charge at Bouris

An enjoyable dance and lobster .supper was held in the Parish Hall ion Wednesday. June 27th. Music was supplied by Clifford Peter's Orchestra. The party was sponsor- ed by the souris Branch Knights of Columbus.

The following amounts were then voted for the coming, year: sup- plements - 03460.00. Fuel - 31000.00. .lanitor.- 3300.00. sinking Fund - 01000.00. Interest - 0360.00. clean- ing and Banitation - 0200.00. and a sufficient sum of money to install electric lights in the rooms that are not already wired. Mr. J. J. MacDonald retiring trustee was nominated for another term. Mr. Michell Lavie was nominated. Bal-

"""cE EDWARD T 0 - D A Y

SPENCIR.

TRACY ' BENNETT

MATINEE 2:30 EVENING 7 and 9

or"

.z 1!.-ilffvgg "-

1 hurt. The only casualties were five pigs that were kiilcd in- g - littf N stantly by sho:i:.a

tha:asIIst-salinsfsalertIt- ....vwn nAvs: in stock 15 A-

power mowers with power lift.

3uT.'.h'.' all sizes. Our stock of rope-typel

Lorne Valley and Vicinity

and Mrs. Daniel Shaw

and to

Mr.

.fMr. and Mrs. .Neil McConnell motored to Lorne.- rerently and were guest: and Mrs. Reuben McCan-

Miss Anna Mh('liP0d. Cambridge. is :p:-nding at pleasant

where enjoyable Smith's sister. Mclnnis. c t

they

Mr. Vernon Macheod. ant at the Bank of Foninierrte, of Halifax. N. S.. spent

Mr. and hd'l"l:-Cll&l'i9! and family.

motored to

Mr. his sister. Mrs. D. H. Mai'l(enzle

Misses Jane and

week-end in Nova Scotla. visitcd Truro. Halifax, and other points of interest. Wllll'3 at Truro they were guests of Mr. and Mrs. Edward MacGralh.

Mr. and Mrs. George S. Lt-ard.

M:- resulting in the re-election of Mr. Miicbonald. Mr. A. '1'. MacDonald was re-elected Auditor. It was de- cided to have a revaluation of the properties in the school district. Aft.er the school Meeunr closed the following were appointed reeves: Mr. Joseph Mahar. Bouris Line Road and Mr. Bernard clin- ton, sour-is River.

The Inspector congratulated the sisters of st. Mary's convent. on the fact that their school mat with the standard requirements. Can- sidi.-rable discussion took place re- garding the cost of heating the school this past year. On motion it was decided to ntinue with the oil burning system for another year. As with the installation of storm windows. and the buildinx now covered with siding. it should make a. difference this coming winter.

The closing exercises of aourls High School were held on rriday evening, June 20th in the Parish Hall. splendid program was en- Joyed . the large number of par- ents who attended and the teach- ers are to be congratulated on their work in preparing this program. the grading certificates Bills, as they came up for their prilas. The new hall fills a long felt want

Banwiches.

hayloaders is very limited. Horse mowers. all and side-delivery the heavy hay

chines are selling very Buy a Cockshutt. labour costs on hay nriking this )'(".'HI'- also stock. Also for national good &

past two weeks he and hLs men 4 have laid a new soft wood floor M3CI"i5'i'9 ii”).

in church and room. He is now busily engaged in applying a special varnish rccommended by a pro- minent paint firm,

Church congregation. made a great many improvements their beautiful church, have 2. Gierald -lnrdlne; 3. Buddy Fraser now added another for the bene- 5 fit of those who attend.

Little Sands cemetery To lie improved

motored to the

vacation iv in Mrs. Hall.

account- was to plan for the improvement

the week- mously agreed to have the ceme- end with lzis mother. Mrs. Christ- inc MacLeod. I

Fh ;liIl';':r:- suthprlzegl to collect an .aro e- men w ch the meetln d Lorne Valley upon from every plot-iioidefigrrfijrt M”!-'93" 3"d M9-Ward MRDOP-r also to conta t people who nu, aid: 2. Arthur Kennedy and Wal- residing outairf Wilbur MacDonald had Ml who have Mr. William 01 Sands is cemetery. The meeting ivrui wpu Edna Anne Nicholson. attended and the desire of all Mr. and Mrs. Charles Mavheod. present was to th, ,

John MacGrath which is S” E mmelen and Mr. Roy MaoLcod spent the and twenty They good

Rev. W. B. P. corckum presented (31 congratulating the girls and lion

THE EASTERN

GUARDIAN

seam-sx-uorrraoua: Iareld r. nun. run. Iyree ileum. In. Inca Ilaorliea. Mb Jana Wlggtntan. Min Jean Job-ten aosn-r oaoaorrown: Walden um-..

Anaunnirs H I

Continued from page 5

i. The highest degree of crimin- al negligence which would justify a

in tague on : Iowa: The Peat Ofdee: area I Boa.

I-llue Dome R.aat.auran

Guardian may be D01-IITHIIE

the following places is t. and Guardian Office: in George

in Sourla: Tbs sous la: and I. liar

-.'IUYIN6-Used feed bass. Fraser and Annesr. Mantel"!-

-:w- . Miss Lois Nicolle, Halifax, N. 8.. is spending some time in Murray River. the guest of her parents.

....'lE8ERVE Wednesday. 18th for St. Mary's Church per. Beaver Club Hall.

tague.

..' Mr. Laird Macxlnnon, Murray River, is at present spending a few days in Montague. the guest! of Mr. and Mrs. Bryer Llewellyn.

J uly sup- Mon-

Miss Norma Nicolle, Halifax. is spending a two week vacation in Murray River, guest of her par- ents, Mr. and Mrs. I... s. Nicolle. ..'0LGA'S COFFEE SHOPPE. Vernon. is now open for business. Salads. Cold Plates served daily. Dinner parties by appointment. Over night accommo- dation. Handlcraft for sale.

..'J0lNS DBUG STAFF -. Mr. Robert Vanlderstine, Peter's Rd.. recently joined the staff of the Mabon Drug Company. Mr. Van- Idersline plans to take up phar- macy as a profession. and his many friends wish him every success.

..'FltEAl( ACCIDENT .- An- other frsak accident occurredi recently during a lighlningstorm. Mr. Thomas Gosbee, Guernsey Cove, and st few of his friends were busy repairing a window in his barn when the lightning struckg No fire occurred. but a sizeable piece of the barn was broken off, and the building was completely filled with smoke. Mr. Gosbee and his friends were un-

sizes. Dvinp rakes

rakes Due to crop. these ma- rapidly. and put: down

We sell on terms ni' cash, accept trade-ins or live. sale two Inter- used liny-mowers in condition. J. A. MacDonnlc Co.. Cardigan.

..'NEW i-"Lo7)i-tgiiv (:nracn-

the the

class-

main of

also

portion in the

formula

who have

A largely attended mc-cling of plot-holders of the Little the Little Sands

Mr. .7. W. MacLean halrmsn. The chairman - hat the object of the

Public ivn,-.

the CClll9iBF.V- it was unani- ery put in good condition with- n the next two years.

The Cemetery Trustees were K55955-

e.ihe province and relatives buried there. D. MacDonnld. Little the treasurer of ihl'

"early one hundred years old. nut in condition. Many ot the

pioneers of that part. of the P

POV- lnce are buried here.

Mt. Stewart were rm-any

' ' . KIIOKIR of Mrs. A. H. MacDonald. Lorne Valley.

mu" Ml" K3"1l'.Vn Mm'Eacli- em. Iona. spent a few days t-it-. Hill! It the home of l'I-r grand. Parents. Mr. and Mrs. William Ferguson.

Mr. and Mrs. Angus Nicholson Mid family. and Mr. Sh:-ldon am. Leod were rccenf visitors to Hnzci. brook.

. .... Recent visitors from this vicin- ity to Montague include Mr. anj

Mlg. Lloyd MacDom'd, i Mpg. 1' "0" Mdnlyre. Miss Marim Shaw. Miss Teresa MacLeori. Messrs. Peter MacLeod. Brunt,-

Woolridge and Leslie MacLeod.

A number of ladies nth:-red st Lorne Valley Church recently with polishing cloths. etc.. and soon the interior of the Church took on a

shining appearance. While the ladies were in the Church the men were engaged in cutting

grass and cleaning the cemetery.

The Lorne Valley Sr-wing Clul. met for their final meeting for this term at the home of Mrs. Malcolm MacLe'od. Prizes wtlru presented as follows: Senior Class: 1. Roberta Shaw; 2. Adele Shaw; 3, Emma Nicholson. Junior

a a: 1. 'Margarst Hatton: 2. Easy Callaghan: 3, Gloria Moc- Leod. Refreshments wt-re Ierved.

garet Macbean:

David MacLean MaoLeod; 2. Arthur Kennedy and Wallace MacDonald: Munroe and Victor Bell.

....'DANCE Beaver Club ;l:ll. Montague, Tuesday. July 17th.

.!STEAMll IN POIT - The S.S. Ulna, arrived in port at Mon- tague on her regular trip from Sydney. The boat will take on a cargo of produce for Cape Breton ports.

..iMrs. E. R. Murphy of Boston. Mass.. arrived in Montague yes- terday where she will spend the summer months at her home here.

Mr. and Mrs. Judson MaoKin- non, summerside, were recent visitors to Murray River, guests of Mr. and Mrs. L. 5. Nicolle. dja

..tlS CONVALEBCING - His young friends are pleased to learn that Hugh Graham, young son of Mr. and Mrs. Frank Graham. Gom- mcrclal Cross is convaleacing sat.- isfactorlly after his recent illness in the King's County Hospital.

.3DELUX.E ELECTRIC WASH- ER with pump. Regular price 5219.00. Special Price 8189.00. All electric radios 1091; off while they last. Duvar's Radio Service. Mont- ague.

St. Andrew's Church Picnic

'Ai Montague

...tTlie annual Sunday School picnic of St. Andrew's Presby- terian Church, Montague, was held Wednesday afternoon at Bru- dcnell Point. There was a large attendance of children and adults ivhogenyoyed an afternoon and eV9nlnl-' of games, swimming and other sports.

Following the supper hour, prizes for,the athletic events were presented as follows:

Dash. girls 6 and under - l Peggy Fraser: 2, Beth Macxensie;

3. Barbara Shaw.

D3-Sh. boys 0 and under - 1, Donald Young.

Dash, girls? and R - l. Sandra B611; 2. Gloria Kennedy; 3. Geor- gina Dingwell.

Dash. girls 0 and I0 - l. Mar- 2. Joyce Adams.

Dash. boys 9 and 10-1, Victor Bell.

Dash. girls II and I2 - 1. Elaine

Mr. William Webster, locnl con- P0016: 2- Mabel Macl-can: 3. Kay

tractor. has recently completed a M50149”- new floor in the Trinity United Dash. bars 11 and 1.2 -- 1. Ken- Church Montague. During um neth Fraser: 2, David lllacLean;

3. Leonard Munroe and Kenneth

Dash. girls 13 and it -- I. Phyl-

lis Reid: 2, Isabel Dewar.

Dash, boys 13 and it - 1, Mer-

or ril Poole; 2. Arthur Kennedy.-

Ladles race - 1. Miss Jean Cur-

The United rle: 2. Mrs. James Shaw; 3, Mrs. Gerald Jardine.

Men's race - I, Emill MacLcod:

iris three-legged race - 1,

Elaine Poole and Kay MacLean; 2. Margaret MacLean and Edna Anne Nicholson: 3, Jeanette Adams and Margaret M.3CLCOd.

Boys three-legged race - 1.

and Maynard 3. Leonard

Girls Wheelbarrow Race - l,

Mabel MacLean and Isobel Dewar: 2. Kay MacLcan and Elaine Poole;

. , . , 3. Edna Anne Nicholson and Mar- aie 'ianrls Cemetery has held Tt'?COH.- gar” Maegan.

Boys Wheelbarrow Race -- i.

stand Victor Bell and Leonard Munroe: mew": Dlaevig l'tgacl6lea1n and Maynard

ac 0: . alace and Arthur Kennedy.

MacDonald

Girls Jockey Race -- 1. Elaine Poole and Beth Macxenzie; 2, Mabel Macbcsn and Georgina Dinswell: 3. Kay MaoLean and

Susan Jardine.

Boys Jockey Race -- 1. David

lace MacDonald; 3. Leonard Mun- roe and Victor Bell.

Girls Sack Race - 1. Margaret Macf-cod: 2. Mabel MacLean: 3,

Boys Sack Race -- I. Maynard MacLcod; 2. David MacLean; 3, Leonard Munroe,

Gill! Hlilh Jump - I, Mabel MacLean: 2. Joanne Watferworth.

--l for manslaughter.

2. A second degree of negligence which would not justify conviction for manslaughter but which is 11:?! stave than 'dangerous driv-

S. A third degree of negligence which is driving in a manner clan. gerous to the public. and which is the one we have here.

4. A fourth degree of negligence such as that envisioned by section 27 of the Ontario Highway Traffic Act. and section 57 of' theihdotor Vehicle Act of British Columbia. which section is identical in these two Provincial Acts and is in the following words: "Every perso who drives a motor-vehicle on highway without due care and at- tention or without reasonable con- sideration for other persons using the highway shall be guilty of an offence and shall be liable. on summary conviction. to a penalty of not less than five dollars and not exceeding one 'hundred dol- lars or to imprisonment for a term not exceeding one month."

Take 2 Lengthy Counsel ..

5. A fifth degree of egligence which is sufficient to carry with it liability for civil damages.

The situation here, said Mr. MacPhee, is that the Crown must establish a degree of negligence higher than civil negligence; high- er than the quasi-criminal negli- gence contemplatcd hy the section quoted above from the Motor Ve- hicle Acts of British Columbia and Ontario, and P. E. I., and possess- ing the basic characteristics refer- red to in the authorities recited above as necessary to establish criminal ncgligence. That the de- gree of negligence required to sus- tain a conviction under the Prov- incial Acts referred to above is greater than civil negligence is es- tablished by Rex vs. Nickel where it is held "a conviction for careless driving under Section 27 of the Highway Traffic Act of Ontario requires proof of a higher degree of negligence than that which would support a civil action for damages. Careless driving (under this sec- tion) involves conduct going bc- yond a mere error in judgment. it. indicates.a measure of indiffer- ence. a want of care for the mat- ter in hand and an indifferent re- gard for the rights of others."

Criminal Negligence

In reference to the matter of criminal negligence the counsel stated that "ii the a.ccur.ed is gull- fy of only ordinary negligence. or a mere error of judgment, if there was only a momentary lack of care or a sudden lapse of duty. he can- not be found guilly under this sec- tion."

He quoted one so! the better known cases dealing with a some- what similar situation wherein it. was stated, "At night time the visibility of an unlightcd obstruc-

vchiclc along the road must neces-

such as the color of the obstruc- tion, the background against which it stands. and the light coming from other sources. it cannot be

tron under which the charge was

lion to a. person driving a. lighted 19-id Clfaled In lnd0l3Cnd5hi: Mill

distinct offence of which neglig-

H d d it 11 is once is not an element. He said

3” y W" M E me Y 0 am the question of moral turpltude did not enter into the case at all.

told of making tests on that stretch of road which showed that even with forced acceleration the max- imum speed possibls wu only about 35 miles per hour. V He also cited the comparatively minor damage to the Tweedy car and thalsokofanydamautotho truck. They all indicated that tliera waanoreala ocdinthcsmsathat we customary use the word. In- stead there was just a gradual im- pact. He said that titers would be force despite the lack of great momentum but that it did not re- quire much to move the truck a short distance. Mr. McPhee claimed there was no evidence that Judge Tweedy was not keeping a proper lookout. He discussed the general weather and other conditions that even- lng and spoke of the dome of light present during the time gen- erally known as 'dusk'.

The defence attorney claimed that if the defendant did not pull out to pass the truck on the left and elected to try to etopdnatsad that at most it was an error in Judgment. and that was not crim- inal negligence. He denied there was an. error in Judgment but re- minded the Court that if it so considered there was such an error then under all the rules of pro- cedure the Court was bound to give the accused the benefit of any doubt. He said there was room on the shoulder of the road for the truck to park. but instead it was on the travelled portion of the highway. A gray truck against a gray back- ground of highway in the half- light. He said it was an ideal cani- nuflage. Mr. McPhee added that there was nothing anywhere in the evidence to indicate any breach of the Highway Act and said there was a complete absence of criminal negligence. The section of the P. E. I. High- way Traffic Act dealing with the parking of vehicles was read into the evidence. It is as follows: "No person shall park or leave stand- ing any vehicle whether attended or unattended upon the travelled portion of a. highway outside of is city or town when it is practicable to park or leave such vehicle off the travelled portion of such high- way provided that in any event. no person shall park or leave standing any vehicle whether at- tended or unattended upon such a highway unless a clear View of such vehicle may be obtained from a distance of at least two hundred feet in each direction upon such ltlghwsy.”

, Crown Arguments

summing up for the Crown At- Iorney General Darby first told the court of the embarrassing pos- itlon in which he was placed by virtue of liavlng to prosecute a member of the Judiciary. Since the Grand Jury had brought in a true bill he had no choice in the matter because "I have a dutv to perform".

He said the Criminal Code sec-

Mr. Darby quoted the case of Burns vs. The King, a decision on

said that where there is an im- appeal to the Supreme Court of lighted obstruction in the road- this province in which Chief Jui- wly 3 carer") driver of 3 motor tice Campbell read the majority vehicle is bound to see it in mm. opinion with Mr. Justice Arsenault to avoid it, and must therefore be dissenting. The we involved In

i ii if he runs appeal from a. conviction for s l3x:t,',l,li','..” mg gen" highway fatality. in his opinion Mr. Mcphm stated the crown the Chief Justice said: "Reckless-