SELL Lmg_-1_8_o_19u

‘” AGENTS: J. Illnes- If

y‘ George Glow,

lieu-um.

‘i mm. wear Street.

w"

wind-he ilellizoered to so; ma. p, g Boy st P" 7 01' W!‘ week. Ihone £89 for this m i ‘m your order to the boy responsible for deliveries on lllllrfioug

r’”" ALE —-KN‘1I -= = "ma:

ff 153mm‘. Bert Mocarge. Mid- mw, o-ls-a

SEIZED - Mounted “$71.5... the Silmmerside de- “mm. seized a small still Sat- y in the woods near Jnverness. fined were arrested and will ap- W 1,, wart later-s - MoNALI-Y - JONES — St. Mme; Church, Port Daniel. Que- w was the scene of a very pretty ' on sept. 2 when Evelyn ‘i’ ..li““"bi“°“'i' “lb: Q 6 E 8X8!“ B “"1"” Jones cf Pol-t

i!‘ u, late _ . and

fl mont Bay P.E .

m“ O agred the church on

her brother Patrick J. in na

. As nexus- . h pub wore some ng fiénrrwhitcl: was a handkerchief W“ by ha? athher . l r n a os a un- "mun '1 , The groom's gift to

s wedding breakfast was the bride's hcmc after the bridal coil/ole left by car l visit many points on the Gnspe peninsula before le vi for the they

the guests of their and sister. Mr. and

Harrington O

‘ N ll l?“ 1m ereMrMc av sem- §.’§'.‘.h°'l"“<oo.er capers please

way)-

Judgements dismissing without m“ the appeal of the Crown in m; clue of The King vs, Frank Gallant and Harry (111111111111. $11111- ulersidc, were given in the Court of Criminal Appeal last week by Chief Justice Thane A. CamP1>011 111111 iir. Jus ice A. E. Arsenauit.

1.11.15 judgement the Chief Justice atated that the respondents had been tried jointly before him wth r jury a. a special sitting oi the Supreme Court for Prince County. upon an indictment charging con-

iracy to ferment wort o-r dlstil tirits w thout having a license as lequircd by the Drcise Act. The lled a verdict of “not d (mm that this appeal _ in the name of the At- torney General.

"The then Attorney General. now Mr Jusice McGuigan. is accord- ingly barred from sitting on the appeal." the judgement contnues. "I felt some reluctance in presid- ing at the hearing of the 111911901- tilough there is no preolllilfln 01 the trial judge ‘from criminal a11- oeais." Examples to this effcct MB cited, notably the English case 01 Rex. v. Liilyrnan (i896) e10 Cox C C... 346 "I am therefore satis- iied that the present court is 1110' oeriy constituted, so far as the num- ‘ier of judges appointed W111 P0111111-

gs.

Imprnpcfly Before Court

"f am not. howevensatlsfied that lhe appeal ls properly be- fore the court," the Chief Justice iiited. After reviewing 11118 P111159 of the case, and pointing out that iae indictment was prosecuted by s member of the Royal Canadian liourltcd Police with the consent of

; r judge. m. lordshli) add911= T119 appeal must be substant ally 111101 actually, not merely nominally. that oi the Attorney General, and tho unseat appeal does not meet such irquirements."

"I should be reluctant." he adds in his judgement, "to decide the 011-10 on that ground alone (arising. as 11' does. for the first time) particul- arly since the appeal appears l0 have considerable practical merit. lwiii therefore assume for the purpose of the most favorable con- sideration, that the verdict of 110' cums] w“ “m; entirely perverse and that. as a careful consideration of the case indicates, the facts tvldcnce could be 8111010111941 ‘"1 to rational hypothesis other than the liliit of the respondents. In othP-l‘ words. that the facts woven W the prosecuifon, of which the def- Iflse gave no evidence either in contradiction or explanation. 19"“ no room for any reasonable doubl- oiiiea the fury must have "ooniulvd, 11o’ in order to reach a verdict oi ho: guilty‘,

Essential Point

liis Lordshn then laid down 1119 following principle, which he illus-

itlied by quotations from l. 1008*]

mcnt of the supremo Court of Can- lda in the case of Belyea. ‘yo. T119 K1ng,l9s2,5. c. n. m: An cp- ml from g verdict 3r ractgggej must be ‘groun o <

aholch inzmolvg a 111195111” ‘*1 “w

ne.’

Qsmslmpml w“ “'1”

oRANor PEKOE

hands’: largest selling cu fine QUALITY tea!

im r

QIMTIM’)

‘nu: WESTERN GUARDIAN

"PM. ll Hanover St. snl

suusssnsma and Home‘: covm Nell. Subscription. Advertising T!

t’ lTllqIlfilllllllllblhflllhbfilllyllllljollhgfqb lowing stores in Blfllnuflflg Water Street. Gentiles 1

ilotie

l 11K will remain for 01

l0 Otters St.

4H4‘). 1 vorhil .

D a... c.-.'.'.{""e'.”c.'.'£$i'r. 5%‘;-

asp W7?“ mmcaoss Cripple Bent. l9. log C's-ices Office. char.‘ Wh ma,“ omur my. septbdeséi

—ATTEND TI-IE AUCTION sans: g! household goods on premises of nines Cameron, Borden, Tuesday l 91110011. Sept. 19. 9.15.31

—VESSEL DRIVEN ASBORE _. i5 0111001101. 11-8., vessel, making 1g: harbour at Alberton during the in "1 1981’. Friday went ashore on The south bar and is a total loss. etc-it'll. ‘i.’v‘°“’l ‘Tllfifi. ‘i3’? l! a. oca a. 111111 brought into pom. They were none the worse physically for their experience and wll return to Cflfflquet i.n one of the other Cara- quet vessels which frequent. Allber- 1°11 K111110111‘ 011111116! the fall months

—I:ADLY INJURED‘ — William 90m . a servcc so on operate: in Water Street West. Summerslde W05 50T1011§1y injured Sunday when 11 Wool rim snapped off a trunk wheel while he was putting on a 111c- The r fractured his shotdd- Bl". arm an leg. His shoulder wa

badly injured, it was learned, as f;

noon.—S

~—BODY FORWARDED —- The body 0f the late Capt. Francis A Brennan was taken from the home Dr. J.R Corbett. Summerside last evening to the Ccnuptoll Fun- eral Home. It was forwarded by train this morning to Boston. Mass . where funeral services will be held Members the Can- adian Legion acc anied the bcdv

e hcme

‘Erown Appeal Fails Against Acquittal In Sisicle Liquor Cases

1n 551159 or recognition 0f the duty OI

The Tea of 600d Taste!

frcm (has residence to the funeral

e b rc r instructed jury.“ hie a¥id%d?awconclusion of fact. and from such a verdict the la\v does not allow an 1100991. which would have the effect oi‘ pla- cingthe accused in complete 1E0?- aroy a second time. From the anal- I

I

ogy of the (non-jury) Belycn case it is clear that, even if it is plain to the Appellate Court that a jurys general verdict of acquittal is per- verse and constiiutes a m5scarriaE9 01 ‘, justice, the verdict is appealable only if the miscarriage results from a misdirection or other error Vin paint of law on lhe part of the tral judge.”

The judgement proceeds to deal with objections raised by the 11b- pcllant to the charge which the Chief Justice addressed to the pe.ty jury. the substantial cne being "111111 i119 learned Chief Justice erred in in-

not convict the said, accused on the evidence in connection with the in- cident or distilling operations at the James A. Shields place of residence alone." Tile judgement finds, 1n concurrence with the reasoning and conclusion of Mr. Justice Arsenault. that this ground of appeal fails.

Charge To Jury

"I have also pointed out." 1119 judgement continued, "that. in or- der to succeed in an 9111119111 110111 acquittal, the Attorney General must establish a mlscarria89 justice resulting from misdlrcfiil0l1 or misrule on a question of law alone. Even on the assumption that my directions we e wrong on the P011115 involved in t appeal. I cannot see how any of the mistakes com- plained of would awiudlce, 1119 prosecution in the consitlcrat on of (ha, jury. I rmphaticaily direc- ted the attention of the Jury BWBY from the effect of the Shields ill- cident as an isolated event, and towards the cumulative effect of all the evidence. including Shields incident.

"My whole charge was said by the defense-and. I think. considered by the prosecution-fa be strongly in favor of conviction. Both at the outset and at the conclusion of my charge. I felt it necessary 10 5911 the jury that if the views which I expressed appeared to be one-old“. it was not from the lack of any

the

fairness, but that it arose from the fact that we had before us seven and one-half days of evidence on the side of the prosecution and none on the side of the deform. and I juyflhgf ponside ed it 116068: sary to caution the jury that ml views on the evidence, beyond i01- ling them that there was sufficient evidence in point of lbw 110 001M111? the accused. were merely my om opinions which they were entlt

to disregard entirely. as sole 1110895 of the facts of the 0050- 11 1119 511117 had followed my instruction; on the law, and had formed an 0111111011 even approximating that W111011 T expressed on the facts. they would mndouhtedly have convicted 110th

siructng the Jury that they 0011111 h

ofb

— BEGINNING . TO.D_AY _ (M 0 N D AY) Tuesday 8. Wednesday

consen- sou‘ WALTER PIDGEON flfakau as“; “mfilir 'lmh iiiivvn um - stem mum. arm-filth?"

Shows —7.15—9.15 TUESDAY AT 3.30

APITDI

y summasuua

inlon that the verdict of the jury was a finding of fact. and neither involved nor occasioned by a mts- take 0f law. In such circumstances, o. verdict of acquittal is not sub- Ject to appeal.

“The judgement of the Court is £1151? 1119 appeal will be dismissed. Sec. 1021 (B) 0f the Criminal Code precludes the awarding of cos .“

Counsel in the case for the app- ellants were Messrs. Peter J. Hughes, K. C.. of the New Brunswick Bar. and R. ‘S. Hinton, and for the yes. Dondents Messrs. H. F. MacPhee, K. C . and W. H. Noonan.

Domtmerciai

Traveller Dies At Summerside

A coroner's jury, imbarrelled to inquire into the death Fred lvruouy Heading of l-lebrcn, N. S., lvno died in the Prince Countv Hos- pital at 2.30 a.m., Saturday, Sept. lam, brought ln a verdict of death from ilaturai causes.

'lne_ clcccasori who was a repre- sentative of n. Quebec shoe firm.

‘ad been coming io Surrunersidc for some years on business in ccll- nccucn with his firm Nil‘. Ernest Mills of Sinclair and Szcwart Ltd" who identified the bcdv. testified that he knew Mr Rcdriiilg for some years and that he had ccln- pianed to Mr. lvfiiis about a year ago about the heart trouble which he was subject. It is believed that during the previous night he had left his hotel at about 10.30 p. nl. for o. wall: before retiring and had gone towards the west and of the town. Just in front of the home of Mr. Waiter Sonler he apparent- ly was struck with his old ailment ut was not dead when Mr Sonler discovered him unconscious on the lawn. He. was taken to the Prince County Hospital where he passed away a few hours later

Sgt. Schurman of the Simmer- sldePolicc Force who also testified said he saw no evidence of violen- ce or intoxication. .

The following were the members of the coroners jury: John Camo- bell, forman. CT. Kenn-y. H. E. Warren, P J. Ryan, F. H. Monkley. C.W. Harris. L.W. Sutherland-S

Retired liinkora Farmer Passes

The death occurred on Saturday Sept. 1:8, at. his home in Kmkora of John A. Shreenan ,age 68 years. The late lvlr. Shreenan had been a prominent farmer of that district up to less than a year ago when he retired and moved to Kinkora vil- lage. He had been ill about a. week.

He leaves to lnourn, besides his wife. the former Margaret McKen- na of Kelly's Cross. Two sons Ray- mond with the R.C AP. in New- foundland and Gerald with ihg Canadian forces in France; also two naughters Isurena in Vancou- ver, I .0., with the civil service and Katheen. R..N.. at home.

The fimeral will be this morning. leaving the home at nine o'clock for 8t. Malachi‘; Church whore Re- quiem High Mass will be celebrated

Falls 50 Foot

accused.

"1 therefore reach my 111999111 9°"; clus'on with great reluctance. as _ naturally consider that a serious; miscarriage of justice has occurred. I feel. however._bq\11_1<_1i..11‘§,°9j

To Concrete Floor

untangle e rope

tackle he lost his balance, fell a distance of about 50 feet and landed on a concrete base below.

His condition last evening was reported god and he was resting as ocmfor bly as could be expected The extent -of his injuries include s fractured hip, ankle and wrist-S

.____€-__---—.+-4 Too Late To Classify Fon. saw. - FOLDING G0- oert. Price $.00. Phone i728.

O-le-ii

w opposite the Capitol Thea-

rw: CHARLOTTETOWN nUAnYivKir

iir. W. L-Wade Passes Away At liookland, Mass.

ka-s

Word was received yesterday of the death et his home in Bookish

brother of Miss Mary Wade and uncle of Mr. H. A. Messervy. Chur- lottetown. Mr. Wade, who was - W111i’ eight years of I80. left Province es a y man and irsd the signal experience of crossing to and from Prince Edward Island fLrst in the old ice boats, later by car ferry. and subsequently by airplane. His last visit here was in 1089, when, he spent filacaion Wltléblllllzxwlléfl s no Stoc e o Messsc usetts. ' Mr. Wade's mother, Mary B. 001. was a sister of the Hon. 600189 Coles. one of the Fathers of Confederation. He wag the jut $111'V_11'111g nephew. He distinctly 101110111179 w When his distinguished uncle passed away. on on; q} m; many visits to the Province he re- la.ed how James Coles, grsndmth. 91 "1 1119 11°11 Georse. brought his YOV-IYIR 1111l1e from England. pus-cm. sing a Piece of land at the corner of Kent and Prince Streets and pro- 009111118 111011? t0 build a log cabin. While this was under construction, 1119 Y°1111B 0°11l11e Were staying at a Hotel on Pownal street, M", goje, one day started out alone to 100k at her new home which was in the building. and became 10st in the woods where the Mark t now located‘ e Square is Mr. Wade's sisien. Mrs. J A, Messervy rformerlv M155 Qm-je Augus'a Wade) died some years nzo. His only SllrVlVlng Aster 15 M155 Mary Wade, Charlottetown. He leaves also his widow and two sons, Robert and William, both n1 Rmk. land. Mass. also one daughter, Carol. wfe of Lieutenant MacKin- ney of the United Safes Army.

ii. B. University Awards Announced

Mess, of Mr. William E. Wade, a;

resident of that country, married and

Ii You '51 6d lip iilqhis

"lgdlllhyiillfxiillltzf nmfi.ws

mat or meant belles: M

file's and tlilt these to Kilns enugullsdnv“ "NJ." t - "' -=s=-s:.-'1.-,.,,~1.~. s - iron el y-bss; ow 5'2»??? “i...” ' ' 1' . “Get 9...; lulu llm mm. kydoelgj“,

cuu one rel nut

have eve in trying

ts: was in effect Canadian and Australian taxes were closer than they now are. with the total coll- ected in Canada slightly 11110" i110 Australian tax in the lower brack- eta and varying in relation to the Australian tax for those with high- er incomes. Now that only the direct tax i; collected in Canada. the dif- ference has become more marked. For example a Canadian who is sin- gle and has no dependents and who has an income of $500 does not nay any tax but an Australian in that category pays $31 a year. A single Canadian with an ‘ncome of $1,000 ow nsya $81 and until July 1 of 311s year was subject to $79 in eon-l- puisory savings. a total of $170., An Australian under similar condioi pavs $188. ~ Taxes for married persons also start at lower levels in Australia. A

with two children. with an income of $1,000 pays $39 while there are no income. tax charges against a simil- arly situated Canadian . '01: a $2.000 income the Canadian would pay $103 and the Australian $365.

Honor Memory 0f Former Islander

GEIITRAI. GUARDIAN‘

This column is reserved for news oi looli interest. but advertising oi s newsy nsturo may he insertc! st five cents a word. strictly may- sble_in_udvsnce.__>_

OIASWILI- for Photon‘: CONFEDBATION LIFE IN- S URANCI.

FUNERAL TODAY — The fun- eral of the late Artemlls Rogerson. Canoe Cove will be held from his late residence this afternoon at 2 9-m-

K. 0F C. SING SONG - Another successful Sunday evening sing sung was held last night at the Knighis of f‘ ‘ hut. Specal numbers included vocal solos by Miss Ber- nice sgrray. Miss Helen Roach and Mr. nnie LeClair. Piano music was furnished by Mrs. Joseph Dou-

n and Miss Marion Dougan. Mr.

. E. Noonan was master of cere- monies. Lunch was served by the young ladies.

NEW PICTURE SERIES - The National '1"|l~1 Board programme of educational films has begun and this week Miss Hilda Gillis, B. Peed, representative for the National Film Board, .will be in Kinkora Tuesday, | Kcnsington Wednesday, Freetown Thursday and New Wiltshire Iri- day- The films are all timely and V9l'y interestinl- The film U N R R. A was shown Friday night at ‘Trinity Social Hall to a group r-f ‘ students. The aim of these films was originally War Illfol-mniilrl. However. although this will be con_ tinued. films on educational topics touching the subjects of the curri- culum wIil be produced in QYTZIKOl‘ numbers. The technical sid? of education will also be flnlcti and there is much to be looked folwvard to in this year's pmzrnmnlv. Tlle National Film Board Conference was held at- Magog, Que in Arlcust and P. E. I. was represented there by Miss Hilda Gillis

of faith he reflected the intrepid Puritan character of Ngntucket forbears enriched by the Christian influence of a. Prince Edward is-

‘DON, MASS, Sept. l’! —A most unusual honor was paid last week to a. venerable son of Prince Edward Island. Lieutenant Gover- nor Horace T. Cahll Massa-

B05

FREDERICTON, N. B., Sept,

l6-(CP)—A number of scholarship‘ awards at the University of New Brunswick were announced today’ 11y Brigadier M. L. Gregg, V c, M.M., President, who recently oc-

cupied office succeedlng Dr. N.A.

M. MacKenzie, who has gone to the

University of British Columbia. E By an act of the legislature‘ Passed in 1940. the county schol- 1115111i1s were discontinued and five, university scholarships established.’ These are the annual value of $100. Tenable for one year, and a- i warded to students who have

shown marked progress in their

high school course and who need

financial assistance. They were

awarded this morning to Miss Bet-

ty Price, Fredericton; A. Grant

Davidson, Moncton; Miss Marion

MacLcan, Campbeilton; John Nean. Bathurst and Vincent Clark,

Moore's Mills.

The Otty Li Barbour scholar-

ships were made available through

the late Mr. Barbour who bequeath- ed .$l0,000 for the purpose. The

scholarships of the value of $200

R1101 $100 were awarraed to Miss

Mary Doughnsy, Plaster Rock,

$200; Walter Burnlm, Bath $200;

and Darrcl Mersereau, Frederic-

ton. $100.

The McLean scholarships are

made ‘iViillilblB through Mr. and

Mrs. J. Stanley McLean, of Tor-

onto, and awarded annually to

students with satisfactory acade-

m mic standing who require finan-

cial assistance. Twp were gwgrdgd 1011111’ and three more are to be announced. Tile scholarship of the vaiuc of $100 announced today as winning them are Albert Smith, Fredericton Junction and Kath- Yyhe Lyons. St. Stephen.

‘Higher Taxes In Australia

OTTAWA" Sept. 15 —- (C?) — Austrabon taxes, described by Prime Minister Curtln as being at their limit, bear heavier on Aus- iralians incomes than do the income taxes levied in‘ Canada.

In both countries income taxes are regarded as the best measuring stick for wartime taxation. A dir- ect comparison between total taxes raised by the Commonwealth and the Dominion is practically im- possible because of the varying ef- fect of state taxes in Australia and taxes collected by provincial age! municipal authorities in Can- a a.

But in income taxes, there is n0 doubt that Australians are paying steeper taxes than Canadians. par- ticularly in the lower fncome brack- ets. An important difference between the income tax structure of the two countries is that the Australian tax has been a straight tax through- out while in Canada for two years a portion of the tax was earmarked as compulsory savings and was re- fundable. This portion of the tux was eyminated by Finance Minister. Ilslev in his budget last June 26. 1 When the compulsory savings

i BUSINESS ‘

REMOVED

My Beauty Pardor, form- erly known as McFarlane's Beauty Parlor, has been; moved to 18 Central Street.

ire and will in future be known as the

MARY Mill BEAUTY '

u ther of Merv E- W140

chusetts - whose mother was Nova. Scotian born-headed a com-

imittee of well known citizens, in

presenting a memorial to Mrs. Lindberg of Brookllne, in memory of her father, Samuel Coffin, recently laid to rest. | Early in the eighteenth century‘ the forbears c1 Mr. Coffin left Nan-1 tucket. famous island off the coast’