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GRO AREA ig at

sheeted»

wee SURE a RL SAT RY

OUR CLAIM

—IS THAT— Sovereign Flavoring

1?

e nnexcel le

" ‘1 Pertect Flavor.

Our Proof

d for great Streagth, Purity

Our sales a reasine

~t i @ s

t t} } a : af ft : ‘ « 4 at eeeCidd. \sk for Sovereign Brand.

Manufactured by

SHUSON BROS, & CO.

Halifax. N. S = a —, 2 OSram <> . 3 ° f8 Ef 4 T<

Gaiters and Leggins

should now tention.

claim your at~

Low shoes

are dangerous this cold, damp weather nniess your ankles

are protecte!. A few prices will speak lower than words Ladies’ low Gaiters from 32c. Ladies’ 8 button Gaiters, 48. Ladies’ Button Gaiters, better quality, 60c. Ladies’ 9 bution Gaiters, leather & bound, 70e. Ladies’ 10 button Curdtroy Gait- ere, 65c. Men’s Gaiters, 75¢ and $1.10. Child’s Corduroy Leggings only ioc.

\

¥

THE SHOEISTS,

Fies

Cream pies, Cocoanut pies, Lemon Pies, Apple Pies, Blueberry Pies,

All Fresh To-day

Telephone 98.

D. STEWART ECLIPSE BAKERY

Bakes Best Bread. @a2@ b@ Sas a224304u

=

( ( é

- a i i oo.

12¢ and 15e each lide and 20¢ each ? 10¢ each 10¢ each 10c each

eee 6046

es >» @ ose 2€@ 24 acm 2 AS O82 O32? OO @

Hxtracts | of the same place, is }

| THE WEBSTER-CUMMISKEY CASE.

. | Stipendiary Magistrate Palmer's as Rendered by Him Yesterday.

William Webster va. James H. Cum- | miskev. This is a case of assault wherein

Will am Webster, of Fort

Augustus, 18

cov plainant, and James H. Cummirkey, defer dant, The

information is Jaid and accion brought

' under section 262 of the Criminal Code which relates to an assault occasioning actual bodily harm. A good many wit- nesses have heen examined and some con- tradictory evidence given. It is not my ention, for 1 s which will be

ss vious, in to » take up or bw]

"| dwell upon 1 ! of any individual | Wiliness, l suff t for mie to say that rom the testimo y giveb on ihe part of the prosecution | am satisfied that an assault was committed by the defendant

he complainant on the dav aud at

: ' | the place mentioned in the charge; and i the defendant himself and several ; wit “Se8 yvave evicence of more or lesa

ot consider the same was a character or stroug enough to ’ Leommitted. It is true that the evidence of the defendant, as_ well] } as that of Dr. McLeod, goes to show that Mr. C iskev w himee!* struck by ter and received some severe injuries;

Dati am satistiel, from the evidence on this pont, that this was done in the nature of seli-letence and thedefendant brought it largely upon himself. Now, with re- yard to the disposal of this case: Under ordinary circumstances had the mater

| been lett to my atjndication, I shonld have @? {

postiiy tne assau!

MpIEKey vas

ong defor isdecided ithe maiter and given juiymenton the case, but by a notice served npon meat the commencement of this

Investigation by Mr. Siewart,complamanvs counsel, | was therein intormed by the com- plainant that be objected to my summarily hearing and determining the eharge laid n the summons or of hearing ard deter- mining any asxsauls which the evidence might di-clese against the said defendant. This notice is given under section 864 of the Code, part of which is new, viz., that which gives the aggrieved the right of objecting to having a case of assault tried sumnarily; and I may here sav, thie is the first notice I have ever receivec uader the section referred to. The section referred to reads a: follows:—

“Whenever any person unlawfully ae- saults or beats any other person any justice may summarily hear and determ ne the charge unless at the time of entering upon the investigation the person #ggrieved or the persoa accused objects thereto.”

In construing this section it is difficult to understand why the Legislatare should coufer such a power on the complainant. Under the Revised Criminal Law of Canada before the Code

' Decision | *

THE DAILY EXAMINER, CHARLOT

SA CASS CRETE is CR, I, A, Re 2 r SET

subject to and governed by the viven under rection &6 4. : | War certa uly & foud deal in doubt at | first about the meaning of tioned section and took some time in hunt- ing for apy case bearing upon the | covstruciion Of ame, but could tind none. In this case, therefore, havivg satisfied myself from the evidence given that an acsault was committed, and in view of the notice given, L must abstain from avy adjudication therein and

last men-

« ioe

|

| must deal with the case in the same manner aa | if | had po authority finally to bear and determine the same; and therefore I shall send the evidence to the Bupreme Coart

| sud commit the detendant for trial.

j

GAL

AND OTHER ITBMS, ee z—=—{JizzZZ:™™_ .

afiernoon at 3 o’clock. ee

St. Prrer’s Carneprat.—Morning, preacher Rey. E. Underwood, cf St. John’s Church, Truro; veenine, preacher,the Rev. Canoa Vroom, of King’s College, Windsor.

—

Gosret Meerixe.—Remember the Gos- pel Meeting in the large upper Hall of the .. mo. A. Sunday afteroon at 4 o’clock, conducted by the railway men. Strangers always welcome. Lesson, Hebrews, 2-9. “For every man.”

oo ee

For rns Exarerrron.— Miss Templeton, of this city, has received a fancy cake from Moir & Son, Halifax. The cake is for the refreshment table at the Provincial] exhibition, and will be well worth seeing. It is handsomely ornamented and bears appropriate inscriptions, ®

cneonniiiiienieais

Sr. Joay Exumerion.—The attendance during the first three days this year was 16,339 compared with 7,694 during the first three dave of last year’s exhibition.

Senator Ferguson’s Shropshire sheep have captured three first prizes, three seconds and two thirds,

Frei Kitson has taken a first prize for Standard filly, 2 years old.

_—- -<._>—-_———

Sr. Paur’s Cuvrowm—Tn St. Pauls Church on Sunday morning the sermon will be preached by the Rev. Canon Vroom, of King’s College, Windsor, N. S., and in the evening the Rev. Canosa Brock will preach on the “English Reformation.” Allare invited to come nd hear this famous sermon On asulject which is much misuudere‘ood in the present day.

notice

A. O. H.—Regular meeting tomorrow }

NEW FELT BATS POR LADIES.

New Dress goods.

)

Jackets

Fs rwArADwAeM

New Overcoats, New Reefers,

SS

Aut. Have Fever.—A sad story comes from Lakeville, Kings county, where a

was enacted the defendant or party accused only had the power of ol)j-cting to the case being tried summarily; aed justly ao, be- cause it is onlv right, if he so desires it, he should Lave the privilege of his case being rent to a jury; but unleas it be that a tinal hearing and determining of the case by a Magistrate

may interfere with the aggrieved’s civil rights, I fail to see the purpore of conferring upon a

party a power which may ofien be un- justly and arbitrarily used. But the section is plain and unambiguous; and although it may be reasonably argued that the effect of the statute may be mischie— vous ‘and perhaps in many insiances ap absurdity.still when the words ofastatute are plain aud intelligib'e it is not for us to look at the effect, that is forthe Legis- Jature. We must interpret it aceording to the plain sense of the words. On this point and as to the literal ccastruction of

=e ee 03 O28 «= 3Oe

ViSIi “RS TO THE + EXHIBITION

can spend a pleasant time looking at my new and at- tractive display of

Watches, Clocks, Rings

dt is a wise buyer who knows that the best place to bay is at this store. The quality the best, the price a moderate and fair one.

We shall be pleased to

have you visit our siore.

» W. W. WELLYER, ¢ . Jeweler y

2] e323 2 ees se222 ee?

PROVINGIAL EXHIBITION.

Maritime Breeders Association

@&eeeeeG62@ es 2424200608048 % 2D

~=*@ 7 se 4 ~ oe 4 G44 Oe

‘A meeting of this Assoviation, compos- ed Of the leading breeders of the Maritime Provinces, will be held on the Exhibition rounds, on Thursday, the 23rd inst., at 19 o’clock, a. m.

BENJ. ROGERS, President. A. B. WARBURTON, Secretary. sept ls—

atatutes, I may here quote Maxwell on Statues, p. 3, which says :—

“When the language ie free from donbt it best declares, without more, the in- tention of the lawgiver and is cecisive of it. The Legislature iu such a case must be intended to mean what it has plainly expressed and consequently there is ng room for construction. The suggested

coastruction world be a depart- ure from the meaning, It mattera not

what the consequence may be when by ! he use of clear and unequivoca. langnage capable of only one mraning, anything s enacted by the Legi-laiure, it must be expre=sed although it may be absurd or mischievous. If the words go beyond what was the inte.tion, effect must 1 ever- theless begiven to them. They cannot be construed contrary to their m-aning or embracing or excluding cases merely because no good reason appears why they si.ould be excluded or embraced. However unjust, arbitrary or inconvenient tne intention conveyed may be, it must receive its full effect.”

The Magistrate has po discretion in the matter. His duty is plain. If there is sufficient evidence in bis opinion to sustaia the charge, he has, in view of the notice given, but one alternative; that is to send the matter to the Supreme Court.

But it bas been argued by the counsel! for the defendant that thisis a case that can be disposed of under tne Summary Indictable part of tbe Criminal Code. Let us see, Under section 783, amovuz a number of charges enumerated therein, which the magistrate may hear and determine ina summary way, subsection (c) reads as follows:

“With having committed an aggra- vated assault by unlawfully and malicious ly inflicting upon any other person either with or without a weapon or instrumeot avy grievous bodily harm, or by unlaw- fully and maliciously wounding any other person.”’

And the main section concludes with the following words :-

“The Magistrate may, subject to the provisions hereinafter made, hear and de- termine the charge in a summary way.

Now it seems to me,under the words“sub- ject to the provisions hereinafter made,” the charge of any assault trisble under this part of the Code would certainly be

ii sh ieee MR ee Ng Ee

whole family of eleven, including both mother and father, are stricken down with typhoid fever, Mra. M. G@. DeWolf, of this town, has recsived an urgent letter from a sympathizer of the family earnest- ly calling for volunteers to.asaist in nursing tiie strickem family. People are afraid to enter the house and the whole burden devolves apon a few faithful friends. Halifax Herald.

Satvation Arnuy Notes. — Commis-

sioner Eva Booth will arrive in Cnar- louletown on Tuesday evening, the 2st, by the Priucess fron. Pictou. Wednesday

wiil be spent im attending to business matters. In the evening there will be a torchlight processien and open air meeting on market square at 7.15, aud in the Brick Church # grand welcome meeting at 8 p. m.

The Harvest Festival, which was post- poned on account of the sad lo-s of Adjutant and Mrs. McGillivray’s cisild, wil’ be continved on Monday and Tuesday evenings next. Ice cream and refreshinents served each eveniog. Quite a Jot of goods are on hind vet.

There will be no fixed admission at Commissioner Eva Booth’s meeting on Wednesday next, as announce! on some handbills, but a a.lver collection will be taken at the door.

Particular Jackets for par- ticular padies, at Paton’s.

Pa

BORN.

At Eldon, on Sept. 9th, to Mr. and Mrs. W. H. Lantz, a daughter.

SE eT MARRIED.

In Brockton, June 30th, by Rev. Walter J. Morris, Augustus E. Dickinson, of Brockion, to Phoebe McLeod, of Lot 16.

At St. Peter’s church, St. Peter’s, on the 31st ult., John Phelan, Morell, to Hannah Larkin, of St. Peter’s.

At St. James’ charch, Egmont Bay, on the 3lst ult.,by Rev. S. Boudreault,[sadore }Gallantto Ursule Gallant, daugnter of Norbert Gallant.

At the residence of Donald Forbes,Mon- iague Bridge, Sept. 8th, by Rev. J. W- Keirstead, James W. Jackson to Roselia Jenkine, both of Murray River.

DIED

At Chrysostom,of consumption, on Moa- day, Sept. 6th, Miss Mary Denise, daugh- terof Mark F. Arsenault, aged 16 years and 3 months.

Fell asleep in Jesus at the residene+ of her sor.in-law, Henry Taylor, at it ve Point, on the 14th September, 1897, ann McDougall, relict of the late Colin Mc- Eachern, Canoe Cove, in the 74th year of her age.

_— int ——

Prince Edward Isiand Iliug- trated is for sale at all the Bookstores. Priee 25c.

Oystersat Victoria Cafe, by quart, and on the shell. De-

saturday

We will make our first fail display of

PRETTY TRIFLES

for personal wear. and worth buying.

Novelties worth seeing

602666600000

BEER BROS

livered to any part of city.— John P. Joy.

Tint sr. Crt, Canaca; BEGET OS IY a. ae ——

ees: Tag — 4

AAAAAAAAAAAAS AAAAAARAAAAAAASASARAR

& Capes,

Our new Mantle Department is groaning under the tremendov® assortment of new Sacques and Capes—Ladies it will pay you to se those goods before you make any purchase in that line,

New UWlsiers, New Suits.

As our half price sale last season cleared out our entire stoek of Overcoats, Ulsters and Reefers, we have nothing but fresh new goods to offer you this fall and we are ina

position to give you

prices on Clothimg that cannot be duplicated in atoreny others

PROWSE SROTHERS,

The Wonderful Cheap Men

C€BCOCIOS LOSS TOSS OEC8S00

Defin- itions If any article bonght from us is not just what we say it is, bring it back and it will be all right, or elee you get your money back, That’s what we mean when we sav “every one guaran- teed.” v | e

Just now we want to get clear of a large number of

COMBS

and are giving genuine bargains in order to do it.

Johnson & Johnson

Graduates in Pharmacy.

0000 9680064 COOOHOOOSOD 000060006006060 vved

SCCCCeseooccoooooooeweee

Notice To Contractors

TENDERS for re-roofing and build- ing additions, to St. Patrick’s Church FORT AUGUSTUS, will be received unti! noon on FRIDAY the 24th inst.

Plans may be seen from Saturday the 18th inst, at the office of W. C. Harris Jr Architect Charlottetown.

Tenders to be addressed tothe under- signed.

REV. ALLAN McDONALD, Fort Augustus.

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Pr