-- Vdrw up--.

9 The Guardian

, ' ' no doctors. is salt. bl N" at man 0 caution is Ftllltiii -- -- - - - - - -- -' iensiva and would require more . . . ' thanonablowmesmeusemnLiIMl!lnallacKenxieIimeltweeMcGpiaanmld-that (Continuedfrompaaal) Dtewart,andlatarheand0'Ou-11;.nh.gaid,thatifthesxewaaselfdefmamthatttwasnotmurd-reaetheiudgehf , norweintto whneutiun-aen,whathsdMscKenstaleftsria-manslaughtar.'l'ltattheae-that:tiieymusttaket!aMO' . got some more They came win, ghlgll to defend himself. eused was instilled in repelling the presiding judge. He VG! b-cktostew-rt'nwh-nth-sill He said that Maclaaaie wuss iorcewltiiforea. toexplaln homicidd anawoet It-wmondrinkI.ud0'0oIwIyemoidandiuato'connor was ,,,.,,ll,,,,,,,,,,.,,,,,c,l,,,,,ouiuieamurder.seaiaauts.. left Stewart's hetwsll I and In about so. He asked mm ..m. up d.g....., ..,l., culplble homicide uut.ouiorviI,sl la examination he said O'Connor-' had done everything in um unme V1,. 1, u,,1.wmu, would be murder may be ml thathehad noiroublagetiinl alons his power to escape in did he come uuungg without having provoked to manslaughter it the u ,1 b u; with O'C0lI.ll0f. Kl llid lihlt 0'C0ll' back to fight He said that the ac- uh. "nu" ll. jlllmmd in l-epemlu committed it did so ill the heat am to net's truck had been left It iii-I cuaed stated that MacKenxia threw lo,” hy lo,” ll lh. hm. he huh. passion by sudden provocation. ' home in whim and during till the axe and still kept coming after l. hot lhlehded lh uh” dull, I was his opinion. be said. that that 9" u” Past week. and when he Sol 50111! him. and he stopped and picked up "Mo", hodlly hum hhd l, M was sufficient avidenea to reduce 003 the truck was gone. a slick. He asked the jury if they M, hm, ,, ,,,m,,,,, ., ,,,,l,,, the charge to manslaughter. ml, lhf:';:huV"06,1&ml:r”":;l'fuu"g gig: that thfmtgdwtgght gm ll: him to defend himself. And also hTl'ieldefense claimed seifdefenla. w ' onnor In I i win e as d. and th 5 they in front of Clark's Store. and garding all things in the case. Re "''i 'V"”"” W” ' "" ' 1” i" h” ”"' '"' "'

plained the law on self defense. He told the jury that the accused was entitled to an acquittal if justific- ation for self defense was shown. The iudse was of the opinion that several blows had been struck. but that this was a fact for the jury to decide. He said they could bring in any one of three verdicts. Guilty of murder, guilty of manslaughter. or not guilty.

The jury then retired to bring in the above verdict.

-Professional Cards

assaulted and who causes grevious bodily harm or death in repelling the assault is iustlfled if he causes it under reasonable apprehension of death or grevioua bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purpose. and he believes on reason- able grounds that he otherwise can: not preserve himself from death or grevlous bodily harm.

O'Connor. he said. did not start the fight with MacKenzi'e. Mac- Kensie intcrferrcd in the argument between O'Connor and his wife. When the fight was under way

O'Connor asked him to drlv

, also made mention of the fact that in to Whim Road. The witness

O'Connor had cast up to Neil Mae- Pherson that he had been going to see his wife. Neil MacPberson was 71 years of age, he said. The so ck cused did not report to the police. life said. but that the wordd cihmlel

om Angus Matbeson an e home. MacPhcrson. Reference. he said. On cross arninatiou he said .had been made regarding Mac- that O'Connor was at the wliecl'Kenzic's bad temper, but no evid- of the truck. ;ence had come concerning this STOPPED ON lllallwlhy lather than one witness. His brother

cohsll wlll-mm A. Wilson. RC. had stated that MSCKEIIZIE was a M.P.. Charlottetown. stated that uelE0.0d mi"; and P3557 t0 8'91 "lg"! was a member of the highway win" 3" 5'" ''"3'7 ""y W 9"

arr

did not start he

been going to see his (0'Connor's) wife. After this they went to Mac- . Kenzie'a and the , Mounties had arrived. He could not say that O'Connor wasdrunk nor did he smell liquor off him. He said he was 71 years of age and that Mac- Kenzie was as. He though William MacKenzie weighed about 160 lbs.

justifiable. . .. . ., On cross examination he said Mimi and that 0" the night oi if the jury considered the accus- 0C'"""”' be” it 1" ll” mad lmd Charfered that wllllam Macxenzle had been JIIIIG 15 I18 W85 PalI'0mI18 MOB ed gullly he hald lhen lhey mun MacKenzie followed with the axe. . -l.lE . He tlllle-MIII'l'8Y R1VeT- He will M ' ' ' Macxenzie came at him with the Accgunfaniig working for him on that y saw . truck drlvlng la" towards bring in a verdict of guilty. axe he um and he med to my ' ””'ed "M he "9"" "W Macxem Murray River and crowding the DEFENCE COUNSEL fend himselffl-le continued by say- T' Earle lnclmy

sic in a bad temper but that he had a reputation for a bad temp- er ln the district.

Angus Matbeson. Glen William, said that he saw Neil MacPherson at his (MacPherson's) home that night. He said that he saw 0'- Connor coming from Sam Mac- Pherson's in his truck. and later

Mr. R. R. Bell. in addressing the Jury said that it was a serious case. He said that the Crown had built up their case from the defense evid- ence, a statement given voluntarily by the accused. The accused, he said. co-operated, in every way with the police. Regarding O'Connor. he said, that no one had anything to

centre of the road. He turned and followed; he said, and signalled the truck to stop. The truck was regist- ered in the name of Elmer O'Con- nor. He said that O'Connor told him the brakes were bad and that he was on his way to a doctor. The witness checked the brakes and found them bad. O'Connor got in

in that if O'Connor had struck more than one blow with the stake then there should have been blood on the stake. but the truth was that there was no blood on the stake as determined by the labor- atory expert. This indicated that there was no more assault an was necessary to repell the att ck.

Canadian Bank of Commerce Bull

msrnuunnrs ron mmon-sas camrr oonrs awn

Plan Junior Se'a Cadet Corps Band For S'side

dill Summerside. P.E.I. Phone I

INSURANCE

R. E. Ellis 8; Son Limited Fire - Auto -- Casualty 5 Summer SL

in their carrying cases are. from left to right. Charles Hogan, chair- man of the sea cadet committee. suum. George Oldscamp. execu-

Sudclen Death or Harry W. Green

. Mac- . . ainst him that he was easy -

. live officer, James Hogan. secret- I ggwzlgliln gggmngt sxlgualilnll on the police car. he said. and there :3” 38810" uh a worker not he said. He termed the happening Opfgmefflgf

tirers of the Summerside Sea band next year is expected to'm'o- 81'! 111813888? 0' l-he lS"mme'”i'J” wmd has been received M me en tat that he had about the "M955 3314 he could smell "Shard. ghlv ' mcle ' 5 as no crime but a misadventure. l

' Cmps are seen -above with vide the band that Wm used m branch of the Canadmn Pegiom sudden passing oi ML Harry w' EllnI'il:rcoallldei7lll. up with from Mac- "gum" He "id um oconmrs out by Lliischgo-apeiratli:1siln,rith CMRGE To JURY E-

el 19 new band luau ents the naval base at Hamilton, Ont- Lt. Roy Boatcs. commanding ui- Green of Chatham. Ontario who. Kenzle for the past two years. The hands were covered with blood and ma Ponce, he said. The pence, he ll, hlh chase ll, th, lury Judge PHONE 32”

1; arrived on Monday evening arlo. V flcer of the Summerside Sea Cadgt while drivlnhgi to his home after a Mme” told o.Connol. that he gist tllerethwas a cut on his tluhad. conllnuedl lnvesllgaled the cm ::- REGENT THEATRE um. use by a Junior Sea Cadet, Each year a few of the boys in Corps, Surgeon Lieutenant. H. . visit with a family in Detroit, would have to get a doctor lo, e and at he asked wha ad and found no evldenc. to commc. hnmmu SL sunnullh

suffered a heart attack in his aut- omobile and died before help ar- rived.

The late Mr. Green was born in Tignish and is survived by his wife. the former Florence Palmer of Roseville. Prince Edward island and three daughte 3 all of whom live in Chatham. M.r. Sydney T.

happened and O'Connor told him that he had a fight with his wife's uncle and was struck with an axe and was on his way to the doctor. Mr. MacKen'zie's condition was not discussed. the witness said. He said that O'Connor again had trouble starting the truck and that he gave him a push. The time was 9.30 ST.

the senior band reach the maxi- mum age limit of 19 years, and their ranks will be filled by mem- bers from the junior band. thus as- suring the continuation of a band in Summerside for many years to com

Music instruction for the junior members will be provided by

. .. band which will be organiz- io provide replacements for the Cadet band whose musical ac- plishments have been improv steadily since its organization years ago.

19 present band has 26 instru- is, and with the junior baud .. the two are combined. will

Gabriel Chiasson. - (Photo by Wotton)

Explorer Rally Ai Kensingion

Maclieuzie. O'Connor said he would also have to get a doctor for himself. The witness said that O'Connor cast up to Neil Mathe- son that he had been going to see his wife. The witness and Neil MacPherson then continued on to McGowan's to phone police.

On cross examination he said

diet the statement.

Mr. Bell read a portion of the statement where O'Connor stated that he had only entered the house when he and his wife got into an argument. and then Macxenzie camp in and they got into a fight. which was carricd out into the yard and down to the gate. He said.

B. F. Hunter, ll.0. Summcrslde. P.E.l. - Phase III! SMALl.MAN'S BUILDING

A. Raymond Grant. 3 n

:88 Water Stlredi . Summersib Above Maurice Mill's Men's Wear

ANNUAL MEETING l

The postponed Annual Meeting of the Alberton Curling Club will he held in . the club room Friday eve-

- The Explorer rally held on Wed- G f u," C' l On crosg examination the witnegg . ning NOV. at 7130. ONE 3535

prise a band of 45 members. Gabriel Chlasson, bandmaster in , reen o is ity s a brother. lh l h h w o.C mm. he ' fonowpd ll". a,.l.uhed ln lhe gale . pg

ilext year it is expected that the senior band. who is a music l'f5fl:'g' lggl:';l':l::;'n rilylfgbghugh knaewwthiiaii hilaglienzie lied been "id "M 0C”'"'" 3PPe”'9d ill be and struck him with the axe. The ; R MYRICK, P h

r band will take two teacher at Summerslde High was attended by thmylnlne junior hurt slnce he had been prevlolm normal. and could detect slight accused plcked up a suck ho dgl . . ho-l-agrap 9'-3

inusic tr-aininz at Sydneytwhhahe Schtoolhl behmd "1 use Elm and their counselors re. hhselrplfxifnsgdrghl eihtglil-.g&z;s.E3aliher:sl ly Md. He asked o,Cmmm, Wm. :t:0ll'"::lil;1Ul)ll'efIl',tl'I1llcgE:lIn(;l'eVi;lllat:ll lend hlmsell. Secy.-Treas. THE READ STUDIO ' 59"” band in” been or 3 lnglfsmggls some ol wilghexre "H: presenting groups in Summc aide, pm. D had been the trouble. He said that he made "0 further chelgk on me Mr. Ma('Pl1ers0n'S story. Mr. 0- W- 33533

. - and the senior

lw” Borden New Glasgow, Wheatley . ., O'Connor had a cut on the head. 1 Bell said. related that. Mr. Mac-' River and Kensinston. edihevgggxlnlg Ems wergll'"'g'3'; and seemed excited. but not drunk. aifhgeedcageghlhh, ll", prosecution was 1Kenzie throw the axe. O'Connor; Mm Dm Sahel”. chlhh.eh.. Ca-selcyl ”W"e9Eg. 23 9 BROTHER TESTIFIES hm closed was unricfended when MacKenzle

REMEMBRANCE DAY PARADE

KENSINGTON. P. E. I.

All Ex-Service and Service Personnel and members of Eli Canadian Legion B.E.S.L. are requested to attend-

Pairade win form up at Legion Hall at 9:45 A.M. Churds Services will be at 10 AM. Short service and laying of wreaths at Memorial Monument at 11 A.M.

AFTERNOON '

There will be a short service and laying of wreaths at Mal- peque Memorial Monument. at 2:30 p.m., and at Springbrook Memorial Monument at 3:00 P.M.

Everyone cordially invited to attend.

Finley Macxenzie. Glen Martin. said he was the brother of the de- ceased, and that he lived one mile east of William. He knew O'Connor, be said, and saw him at his home that night. O'Connor was there for about ten minutes.

On cross examination he .said Blanche O'Connor lived at the home of William Macifenzte where she had been raised since a child. He said that he and O'Connor got along alright. that he saw no liquor that night but smelled it. He stated that O'Connor was not known as a drunkard around the district. He said that his brother William was a good natured man. not inclined

was coming after him. Mr. Bell- stated. He continued that O'Connor did not hide nor bide anything con- cerning the case. O'Connor went to MacPhcrson”s he said. to get help and later went back to Mac- Kenzle's to carry him into the house. and then he went for a doctor. These are not the actions of a murderer. he said. but rather the actions of a man who wants

work secretary with the M.R.E.C., directed the rally and was assisted by Mrs. L.M.. Murray.l(enslngton C.G.l.'l'. group, the Explorer coun- selors and mothers of the Kensing- ton girls. Also present was Mrs. Blair Andrew. United Church Pres- byterlal secretary for affiliated Explorer groups. n

This rally was unique in that it was the first one held in P.E-I., and the first time that Mrs. Se- bean conducted an Explorer init- iation ceremony; also the first time for the Kensington group to

,, in their new uniforms.

The program consisted of wor- ship, handicraft, games and a box

Cousins. Elizabeth Davison, Valer- ie Ellis, Donna Jean Hlckox. .v.'lIl(1- ra Howard, Phyllis Millar, Leta Moase. Marlene MacEwcn, Mar- ilyn MacKay, Norma Ramsay. Sandra Tuplin.

.The closing worship service held in the sanctuary of the church. with Mrs. Donald Mackenzie aa organist was led by girls represent- ing the several groups present.

The Explorer program is Christ- centered and Chruch-centred and is planned to meet the needs, in- terests. and abilities of nine. ten and eleven year olds. The term "Explorer" signifies that the jun-

ATTORNEY GENERAL

With the defense not presenting! any witnesses. the Premier and Attorney General. A. W. Mathesnn addressed the jury. he congratul- ated the jury on their attention and on having such a fine sense of their responsibilities.

He went on to discuss the law oi murder, and defined culpable homi- cide. saying that it occurs where a person who causes death means to cause death. or means to cause him bodily harm. that he know: is likely to cause death. and it reckless whether death enuscs oi not. The Crown and witnesses. he said, endeavored to give the story

it esiern Guardian

IE THE "Smiling Bill" show CHRISTMAS GIFT problem-z uslpeque Hall. Wednesday eve- are solved now by portraits taken jil:30. Sale of cakes, candy. at the Read Studio. -

PANTRY SALE BY Malpeque Women's Institute at Holman's Youth Cente. Thursday. Novem- ber lo at 3 pm.

Y.P.S. MEETING - The regular meeting of the Summerside Church of Christ Young People's Society was held in the church hall Tues- day evening. The " opened with a slug song led by Joyce Crozler. Scripture lesson, taken

CHICKEN AND HAM Supper . llark's Hall, Kenslngtou. Nov at 4:30 p.m. Sponsored by 1 'es Presbyterian Church.

BANCE in Hamilton Hall, Wed- pdsy, November 9th. Music by . . Deighan' and Sunshine

"uzouun ruunsnav night Canadian Legion Home.

help. in discussing MacKenzie's temp- er he said that Mrs. Macl-lhcrson had said that she had heard of him flying into a temper. Also that Neil MacPherson had said that Mac- Kenzle had a temper. He contend-

gton. Music by Erwin (mm Epheglang am chapter, verses lunch supper. An interesting period lfgolllst :l:n9'9kGl' eXP10l'1ll8 the W055 to fly off in a fit of temper except of what happened so that the lury ed that the accused was Justified All veteran, and Legion Members; also parents and widows M ii lllld .Slll15IlinE BOYS. Ad' 1 . 11, wag 1-egd by Kgn Huegtlg, was held when the girl; divided Just as early explorers warn When he had 79350" l'0- He W33 an could form 5 true opinion of m( ?':' of Vewfm killed on activo service. are lnVlt& i-I) INCQII I

agreeable man. He had seen him in a temper at his home, he said. He stated that he had never dis- cussed MacKenzle's actions with O'Connor. Alfred Moore. Wblm Road, stat- ed that be worked in Kinkora on June 18, and left there with O'Con- nor, Harry Stewart. John MacDon-

into four groups and discussed "What I owe to my home. church. school and Explorer group." Before the closing worship. Mrs. Sabcan conducted the ceremony for the initiation service of the Ken- stngton Explorers. and their coun- selor. Mrs. L.M. Murray present- ed them with purpose cards and

59 cem after which Mrs. Weale led in

prayer. Vice president Ken Huestis conducted a short business sessiim. i 11"?”

' ' ' . . L e er a m sonary am Sllmmemidh iiudy on India. The meeting closed , ' ' by repeating the. Mizpah benedict- ui RE WILL BE a ton.

.. - . r .- -, - be t in the Kensington Legion Home at 7 p.m. that evening. - F0 R N C 1 ' 5 ” '-" ' P133: procure tickets for the banquet beforehand if possible.

”"'”"” ATTENTION

case. He congratulated Crown pro- secutor Nicholson on his present- ation of the case for the Crown.

In reviewing the case he said the accused had gone to his wife's home at MacKenzte's and bad a quarrel with her. He then got In a fight with Mackenzie and it con- tinued to the gate. there the axe

girlded by the north star and the compass. so junior "Explorers" have the Bibleand Jesus as their guides revealing God to them.

This program was produced in 1946 by a joint Explorer committee representing three denominations. Baptist. Presbyterian and United Church.

ixl PAI N 1

-The

57- MAN" A-Y-P-A' ' UEL OIL AND STOVE OIL CONSUMERS ' :;g,"1l” ;;;;eg-gg ';'h5,;o3f,:','t"N.',l.; . 3l.j.'h."'i:s:; 91-ul:l:'w!Zli:.:ldho:a33il3if:.il& Z'.i'?oimii'i3";yZ"1ioi”:oe'lL”":l.”3o'i3'i D O I N F nonnnu Anna aiior or junior hockey team 'ljl, plehldem Maw”: 11,, h - . an . ere ey u some . of the head. The Attorney General . 1 d to la, h, h, . v OConnor. he said, also bouxght said th t id in 11 th blood M Irving Oil Co. Ltd. will be making a fue an s ve ieassh.nz.bn R k M , 9 com Oiicninl hymn was N0. M2. 5011? some. They went to Charlottetown. on the acloctiil'ls,,edf lb: accieised it '1 4 ' aw and F11.

did some drinking there, then he, O'Connor and Stewart hired a taxi to come to Montague. At Montague they went to the home of Harry

madmg was by Wayne Har- . Ivan Gill reported coa- ieerning the box purchased for badminton equipment. The illust- rdted child's picture Bibles have been received and a committee was appointed to sell the same. Thirty five members attended. Two new memh were welcomed also two visitors. Rev. Mr. in- graham gave an address on "Christian Followship". At the close of the meeting lunch was ser- ved by comrntttea in charge.

i oil deliveries regularly in Bordcnl on Tuesd ' . - days. Please leave your order with Mrs. Sharpe at the Telephone Office at Borden.

IRVING OIL CO. LTD. ' FRANK DALEY.

R E G E N Tlidulioay 1 .3.'.3?.' iii.-51333

would be up to them to decide where it all came from. He said that Maclfenzie had been knocked down in the yard and near the

IKE ILWIIII

rns uuuuus enemas ruar can "Take it"

mvmana nasrannaiaa, venue. has lar

"Know Your Red -Cross"

Residents of French River and all the surrounding districts shaw- ad keen interest in the Red Cross speakers, entertainers and demon- strators on Monday evening. Nov- ember 7th. Mr. Bruce MacLaren's bag pipes selection was the first item on a well balanced program- Mr. Dick Turpin and Mr. Alan Dunbar pro- vided several gay interludes.

Mr. Edwin Jobnstono, president

. . . a d Miss

Friends of Mr. Russell Parry will of-the P E,-.3 Red--Cm" '1' ' be sorry to learn of his illness It gave verbal pictures of the work his home In Tlsnllll and wish him of the Society on a Provincial, 3 btlllllck '0 illvungl-m national and international level.

. an s. . . mu. m --my -a mu. m-- ”:::::';""..:' 1"" ca" M K""l"3t”" P" E' 1'' vices in his remarks made special 3”" nrfuni lVl'm”l': m Ch”'l”lw mention of Master Gerald Meek wn e pas wee .