...1 ' 1 ,4

i i i

‘his Mwnin."

” n itfiflimu°fm "fl

ioui 3° 5 amcer

tic Shows Kgen Interest

Irwigks C6188

I? i that he had been a Oll- operatinl i“ m‘ “w”

q ‘ o, w, point principal!!-

.md yo" °' Amlitl. “grave W"

.11 .

Ln; you have a Ill"?

A-l never 0"?" m"

Q-Did

plan? 5,011 Ame was at

h lake.

on? T50” both QccMiODI.

I mode two occasions?

5.1 did.

‘ma, or prowess? A4 don't think 50.

trust"? A_I,1m girul I have

pith. uqqind strength? l-Oucn in .1 while.

fr taking exercise?

i-Yss.

Q-What does it weigh? A-Abollt five quarter.

n-yagunthiltime? Ineverf-‘JWIWR- gotagun?

you have one in 70hr PM" we occasions I

‘m, m, occasions wan aiacsa? ‘fl Clear springs. "16 , o! 1929. The other was at

04m you m, one gun on that 1 chief inspector under the Prohibit-

ggd the use of that gun anv- m n, do with the leisure of 114W

k0,, the Clear Bllfllll! 9°94“ M, was liquor bellll l‘

ma. Q4315 you fire thB I"! 95 m“ Q-YOU, l understand, depend a Md deal upon your physical con- c-Do you pride yourself on your abundant ‘ii-I don't know about that. o. no you lake exercises?

c-l-lavent you got N1 EDP"?! "l iille Court House in Summereide

hundred and a

Q-You could beat anything a-

round summerside. couldn't you?

A-l couldn't say.

Q-Dowt you think you could?

A-Oh no.

Q-Whflt I mean is that you bank mu your physical capacity rather than the capacity of the mouth of

l Iilll- ‘

A-§Vell, 1 have only used a gun v

on iiro occasions.

Q-Ap you a pretty good shot?‘

d-lisier tried.

Q-So-you don't know how good a Iborfrou are. You might hit a man

slim-you didn't intend to?

A-lf I fired at him.

Q~Whai would you ba firing at linrfcr; if you didn't intend to hit

Mint-lee.

A-Wmight be firing in his direct-

Jp-

Q~Do you know if Mann car-

"' iillliil

Ae-ieever saw him with it.

Mic is a prohibition omcar, 1

Nb?-

Jvilrlnssrtlefli: .- "lishtlnsariioan-n.

filgfle was at that time. HO ll I Q-Whlt did you d0 with the Illn

Classified Advertisements

One lnsartion ........-.-........... 10o par lina ofi words

sssasasss

provincial Nliaa constable low. there? A-éYas.

he carried a gun? A-Not that I remember.

, "r me gum-t Room vary recently m the Court that be illPre . Yes_ carried a. gun; in Bummerside, before crowded During the Mrgietrate? ‘n s. A-Lo. terday's Procéchdlf q-rme you in Court at the time ' Qutydhickqallanrseasawastobatriadr C1153 Goes To A—No. '

lives near Port Hill? A-Ycs.

occasion? A-There was. , » Q-Was Mr. Mann in, the party? Av-Yoa. 1 Q-I-favarrt you been in Court be- fore Magistrate woody on several occasions when the question of us- ibgaguncamsuminssarchingfcr liquor? . A-ln the Clear Springs case, 1 think; and North Lake. Q-How long have you been op- crating in the west? A-Slnce Dec. l0, 1929. Q-I believe B. J. Haywood is the

ion Act? AéYcs. Q-And you take your orders from him?

A-Yal air.

Q-And raport to him? A-Jloe sir.

Q-Do you report all cases? v A-We have a weekly report to fill out. Q-Did you make a report to him about this Dicks case? A-I am not sure whether I did or not. Q-lt is your practice. anyway, to make a report to your chief of all such occurrences ,such as the Capt. Dicks case? A-Yes.

Q-I am reading from The Guard-

ian newspaper of May l4, 1930; that

is the day ufter the incident charged

by the plaintiff in this case: . .

"Regarding the rumor current in the city yesterday that the car of Capt. Dicks had been stopped on the road to summer-side the previous night by men purporting to be pru- hlbltion officers, Chief Inspector Hayq wood states that Captain Dicks’ car was stopped by omcere and searched but no liquor was found. No damage was done to the car, the Inspector states, although some blank shots might have been fired at it."

q-Did you make that report? -

. A-Nq lil‘.

Q-Is that report correct?

A-No, that report is not correct. Q-Than if Mr. mywood, your chief, gave that report to the news- paper 1t is not correct?

_A-It is not correct.

Q-You say you didn't make that report. no youjmow who did?

A-Jlo.

6-430 you intend to produce Hr. Haywood as a. witnean

A-I have nothing to do with him whatever. _

Q~Ycu are a. party to the suit. Dcyoulntendtooallbdnliaywcod airs witness?

A-I know nothing about it. our counsel looks after that.

l

i t 4

Q-mveyvubeanindourtonpro- hlbition cases when w. Mann was

Q-l-Iave you heard him admit that

' Q-Havont you hoard him admit

Q-Wcre you in Court last No- vember when a case was tried a- gainst a man named champion, who

Q-Was there a gun used on that

. miles an hour, witness testified. He

of wimaasdidaaabiaranyccnvaraa

Wltnfled noticed then-lake of plain

ttfl getting away if he had stepper

of the road on the sewnd occasion

Illlhd.

Island made in him; shouldhe stop? Witnesaz-"lts a mystery." Mr. Johnston: "Let me

stopping, wouldn't it?

was pretty wrathy, wasn't he. A-Yes.

Q-He walked up towards you peo- pie? v A--Yel.

Q-And caught hold of Mann? A-I couldn't say.

Q-Did he catch him at all. ' A-r couldn't say. ‘ Q-But he used some language?

A-Yes.

Q-Why did Capt. Dicks get out of the car with so much wrath and indignation.

A—'1‘hat is a question. Q-What did he say? A-l-le wanted to know why we

mands it. Q-Unless you are attacked or something?

A-Something of. that kind. Q-Do you kncw a man by the name of Hague, who was prohibit ion oflicer here?

A-Yes. ~

Q-Did he carry fire arms? A-I never saw him with any. Where the cars stopped the sec- ond time the road was ungravelled, witness stated.

Keir Mann's Evidence

Kai: Mann, Provincial Police Ome- e:, a prohibition inspetor at the time of the alleged shooting and one of the defendants in the case, was sworn. I-fe had been a prohibition officer since June le, 192a. He oper- ated in Prince County. Cecil Miller was his superior officer. Sonrctilnec he worked also with Customs Cinc- ers Platte and MacDonald. ‘Witness remembered the 12th of May East. He was with Cecil Miller. Witness corroborated Miller's evidence with respect to the activities of the Cus- toms and Prohibition officers cn that evening. The Plaintiff drove through Kensington at about 35

described the manner in which he and Miller followed in their car. First they passed the Customs Cinc- era Platte and McDonald. At that time they (witness and Miller) were going 45 or so miles an hour. After they ssw the tail light of the Dicks car they travelled about a mile be- fore they overtook it. They were still going about the same rate. when they got abreast they tooted, shout- ed to piaintid who they were, and

>§__

H}: tsooo. s

Box 22f.

A 1 ‘hum’ mfézly Ewen

"l"! oer roll.

l gfxfeltcch. suitable

s

' Alli-la n. r. '

f fish». so n. r. ' :0 H. P. four

Mmznlntse engine; 1n Q

n lone: ur§,‘°°°""hn4s u,” Boots

john ‘and n‘ ‘ Oran it. as“?

"I arr-Mil,"

"M! leli plenum. n‘. Mug, ‘hummer

qhflmf-Two nan resume . n ce color, well furred. The saol-i-as-si.

mmAI-E-srorirfiovvsa

soar-e:

__——-Q___ a ' UAIID SIIIITI FOR IALI,

f 1i Cuardianohmttlsp.‘ hm

fi

..4_ n~____-n -___ A-_m .

5 For Se];

$1}: BLOWER. UIID one! . Guardian. 154M114: __.________

SAW McKinnon, SOOI-I-N-Sl.

I __~_““‘“““--———~---- If BROWN run m; Guardian

Male Help-wedded

WANTID-BILIABIJ MIN 3E- tween 2d and l0 years with travel outfit to distribute Watkins 15c Household and Farm Necessities in Queens and Prince Counties. O10.- 010,000 Organisation. Established as years. $39.00 to 060.00 weakly earnings right mm start. No ea- parianoc or capital required right parties. Writs today ec J. B. Watkins Co., Dept. nil-i, N? Craig Welt, Montreal, P. Q.

‘I. H. m. an. fl-li.

---__ Q——$&_

W Witness stood between the rear of

“ threw a flashlight on plain- tiff's face. Witness told plaintiff several times to stop, that they were prohibition oihcers. They finally got ahead of plaintiff. They were going as or ao miles an hour then. They drove ahead for a little way and crossed their car on the road. Wit- ness jumped out with the flashlight. Plaintid‘; car was than a short dis- tance away, coming right on them.

the car and the bank of the road. ‘mars was lust about room for a car tn go through. Witness shook his flashlight and yelled to him to pull

Miscellaneous

PAINTING, PAPBIING AND OIIL- inl’! whitened. OIIIIII modal-ate. 0,111 M44, III. Imlth- 2071-1-27-0-

JOIN ALIIIID bIaDONAI-D. no- viedial use surveyor. Herman- vma. nfs-is-sc-inc.

uminicna-Qi-ei-n-nnu-nn-a-aa-nnm- IlCAIID FIDII H! DANG-e

male for. Iar marks C. M. Z.- lel-I. Reward. J. A. MaoKcnlie. Remington. SOM-I-IQ-Ii. Iguanas m: algae. Char- lottetown, P. 0. so: m. Dbcaaa ace-n, ‘ llO-i-l-It.

Teachers Wanted IIIIIYAQ amn-sn-s rncna soaao "mm-

up. Piaintlfl drove right ahead: _ 1 ‘ aside. Plaintiff had to go in the ditch to pass, but ha was going full speed and kept on going. Witness and Miller got in their oar and followed. Plaintiff was going“ tlr b0 miles an hour. Thay again overtook him. Ba was stopp- ing on the road. Witness got out of the car and started back. Between the cars ha mat the plainilfl. ‘ms plaintiff said: "What do you sons of

IL I

r

N. D. Mcclfsen

niiasuassnosuawaaaa Isaensa. _

tfcnbatwaan Captbioksandlherifli MacDonald. There may have been such a conversation. Witness did not sac Ivarett Racism there at all.

iif!'s car. He would not say his ca: was as speedy as the plaintiff's car Thara should be no dlfflculty in plain .

0U bis 6.1!. Witness could not say whether or’ not plaintiff pulled aside to let the officers pass on the occas- ion of the first meeting on the road. Withll oouldnot suggest any reas- on why plaintiff stopped on the side

' Sealed in air-tight aluminum ‘Fresh from the ass-donut

l-Ia must have heard the officers‘ com-

Mr. Johnston: “But on the second occasion there was not any com- why then

suggest that i! his tires had been blown out, that would be a good reason for

Wltneem-Yes, I believe it ‘would. Q-Whan Capt. Dicks got out he

strong

were hounding him all over the Q__w5_.-, Qmcqf Milk,- um-c a;

°°‘1""Y- ‘ that time? L. . Q_D° W" Perwlmnl’ 5911c" in A.—I-Io must have been.

“m? h" "m5? Q.—-Di<l Clinton do anything with A~-Not unless the occasion do-

! Rare

. v;»w.- »

l

country?"

Q.--What reply did you make? A.—I said, why didn't you atop your car when I asked you to? 1 told him I was a prohibition officer again. He told me he didn't have to stop his car. Q.—Did Capt. Dicks catch hold of you by the lapel of the coat? A.—No sir, I said to him: "You would have stopped your car only you had rum in it." He called me a --liar." Q-Dld Capt. Dicks lay hold of you at all? A.-No sir. Q.—About how long were you and Capt. Dicks talking on the road? A.-—Nct very long.

Q.——Did you notice this man Clin- ton at this time? ' A.—I-Io was a few yards from Capt. Dicks’ car when I got back to the car. He was ‘staggering along the road and wanted to know who called him a ‘

the piece of iron hc had in ills hand? A.—I couldn't say what happened to it.

Q.-lA'ilut happened next? did Clinton do then? A.—-Clinton was staggering around on the road, cursing and swearing. Capt. Dicks grabbed hold of him and said, "Come on, Jump in the car and let us get home," Capt. Dicks made some remark about there being "four sons of —- here and only two or us." ' ‘Q.—Did Capt. Dicks at that time. while you were there, say anything about shots being fired? " A.--No sir.

Q.—-Did you fire any shots at Capt. Dicks or his car?

A.—No sir.

Q.—Did you hear any shots fired? A.-No sir.

Q-Dld you see a gun?

A.-~No sir.

Q.—Dld you have any gun there, or a weapon of any kind?

A.-No sir.

Q-—-Did you have a gun in your car?

A.-No slr.

Witness denied that plalntlfl men- tioned anything about having o. not‘ tire. Plaintiff and Clinton, he main- tained, left the place first. when plaintif! left the four officers re- mained a. few minutes, fumed their car and went back.

Q-Why did you stop this car on the road?

A.—I believed I quor. ' Q-Aftcr the car was stopped it was searched by the two Customs officers? »

A.-Yes.

What

was following li-

Ofllcer Mann Cr ss-enmlned

Cross-examined by Mr. Johnston, witness denied that he was in the habit of using a gun.

Q.—Dldn't you have to be remand- ed for that very thing?

A.—No.

Q-Werc you not notified not ‘to be using a gun?

A.—-We did get some notice. Q.—-Just tell us what it was?

A.—I couldn't just tell you what it was.

Q.--A notice from the Prohibition Commission?

A.—I believe it was. '

Q.—You received a notice from the Prohibition Commission not to be too ready with your gun, didn't you? A-Bornething like that.

Q-d-fave you got that letter? A.-No elr.

not stopping on the road when cr- was there as High Sheriff Q'“'Y°“ ‘f’ u” gummm M m‘ dcred to? or the County or as a prohibition gang. Isn't that what they cl" Y0"? A.- Can't toil you. officer, or as s. customs officer?

A.—No sir.

Q.—Co that even the Prohibition Commission, whoee servant you were. had to notify you to be careful about usina your sun-

A.—We all got that same notice. Qn-But they may not all have beenasbedasyoilware. You have used guns before you wars even a prohibition officer, haven't you? Ae-lfc sir.

Q-Do you remember an incident that took place at a Mrs. cham- pionb restaurant in Kensington?

Fragrancefi

-fir:fi§infnéiu‘Bfiézeifzoi-Tufii new‘, 1‘

him for not stopping his car?

side on the ground that you had no right to do what you did? What do you say to that? Is that the truth?

law.

the conviction cat aside?

bring the case against Gallant i0!‘

tell whether you prosecuted or not and you can't tell whether that con- viction was m aside or not in the supreme Court? Is that your avi- donor?

to tail the jury?

i... i_.

PPPPPPPD?

4L;

i

IL lfl

not be expected to remember. The question should be more definite; he has got to pin him down to some- thing.

Mr. Johnston: That is what I am trying to do-pin him down. l em asking if he has a habit of using a ' gun.

The Court: You are asking about an incident in. a restaurant. Of

in Kensington that was run by a woman named Mrs. Champion!

A.—Yes sir.

Q.-Do you remember being in that restaurant on an occasion when there was a. crowd around?

A.—I have been in there quite of- ten.

Q.—Do you remember holding up the whole crowd one time with a

gull? A.-No sir. I Q.~Who were you holding up? y A.—-Well _- - a

Q-l-fow many? A. I guess the v time you moan was the time Alex. Campbell raised a. disturbance. e

Q. Since you have been a prohi- bition cffioer haven't you used a gun? A. Just the once.

Q. When was that? A. I fired at Jack Holman, in sum- merside. ~

Q. Did you hit him? iA. No sir.

Q. Ale you a good shot?

A. I couldn't tell you that.

Q. Were you acting then as a prohibition officer.

A. Yes sir. Q. Did you chase Chick Gallant across the fields with a gun?

A. No sir.

Q. Did you chase him at all?

A. No sir.

Q. Who was it you were chasing?

A. John Gallant. it

Q. That was another cue of hold ing up a car on the public highway?

A. No sir, I was chasing him a- cross the fields.

Q. But wasn't the road?

A. No sir, he Jumped out of it. Q. Wasn't the whole thing brought about by the fact that you were trying to stop that car?

A. The car was stopped on the road when we came alongside of it. Q. As a matter of fact wasn't there a prosecution brought against

car on the

A. I couldn't tell you. ' Q. Wasn't the conviction set a-

of Mr. Campbell: That is a matter of Q. As a matter of fact wasn't

A. Can't toll you.

Q. You brought the case, didn't time. you? Q. Then what was he doing A. Can't tell you. there? Wes he there as sheriff?

Q.‘ Will you swear you didn't

Q. You forget that? You can't

A. l don't know. c. Is it because you don't want

A. 1 don't know.

le-l couldn't tell Wil-

lcg.

were present on :1 prohibition officer when guns. wore used?

down from Darncly, tho four of you.

Q. Well, perhaps that unis the A. Yes sir.

time. Q. The four oi you go out to» A. Well, I wasn't there at. all. I gcihcr?

came there after. A. Yes sir. Q. Did you produce a gun. Q. And if it happens that you are A. No sir. violating the Prohibition Act Q. What was it? you invoke the Customs law, and l.‘ A. The barrel of a revolver. you are violating the Customs law, Q. Who had the gun? then you invoke the Prohibition Act. A. The other crowd. Isn't that your method? Q. What was the crowd there A. No sir.

for? Q. Isn't that why you go out in A. There was a row. that very manner? Q. jBei-ween the Manns on the A. No sir.

one side? ~ ' Q. So that if it suits you to make A. Ya sir. a claim under the Prohibition Act,

you will do it, And if it doesn't suit you, you will make it under the Cus- toms Act. Isn't that the way you operate?

ltlimn? out with tho customs officers.

that why you go out in bunches, be- cause you can do certain things un- der the Customs Act that you can't do under the Rrohibltlon Act?

under the Prohibition Act that you can't do under the Customs Act; and you g0 out together and then you iiX

one Act or the other. Isn't that ar- ranged between you?

goes out, doesnt he customs officer with hurl?

at Wuugirs Wes it under the Prohibition Act or the Customs Act?

under?

incident with Elks?

County; and at the same time was a Customs officer, wasn't he?

A. Couldn't tell you. Q. You can't tell us. whether he

The cross examination was con- tinued on the details leading up to the pursuit of the Dicks W. Wit- ness recognized plaintiff when he posed through Kensington. He did not mention this to Miller. he knew Dicks was out there. '

Q. If you believed that was Dicks‘ car why didn't you say so to Mr. Miller, your superior, who was with you?

I was there.

Was that man shot at?

Yes sir.

Was he hit?

Yes sir.

And wounded?

Yes sir.

Who was with you that time? There was Customs Office" icDontld and Platte, and Cecil Mill r and myself.

Q. The same gang! When was int?

A. Same time last fall.

Q. That was actually since tho

Dicks case, wasn't it?

A. Yes sir. Q. The same four men, you and

~Mlller and McDonald and Flatt;

coking for liquor, and among you