JULY 3L1.-_1_9_39___

fills!

ygun SHARE 0F THE CASH

501,1) AT CBARLOTTETOWN . ‘WING PARK, AUGUST 19TH, D T0 ZZND.

Hm“ Edward Island horses have ‘was,’ m“, their presence felt in‘ my wmpetition in which they have "med even against the best of the “mums; and Maine. From the W315" of Prince Edward Island M" m; come cyclonic speed that u‘ mad, foreign horsemen gasp pm, envyfirhl; year there are plen- Vjo; 300,1 horses in Prince Edward wyrd who should enter for our Ex- Npition racw. They can and will m“, 6.2 6-0 M meg- shiuo of the coin if the J; Mikey Nib ‘ owner: will do their Pfl-Yt and enter. ‘ ' ~ “m?” w"! 9°11 5- [10 m“ track in Canada. offers a. Lwm Gwmeww" 5-4- 6-1-

attractivo program. Coo; (my; BI‘. Grant, Montague won from w. “a” paid on the spot‘ Cash ind Lam's; Georgetown 6-1, 6-1. fir. for owners, Gold for dl-Lvers K 3*“ Mwtw” W“ ‘mm '7-

. McCue Georgetown 6-1 6-1 . Enter on July 26th sure. ' - "=4 5mm‘ LadiesDoublesr-l/Lis; Moore 3nd

MissMacGregonMontague wornfmm Miss n. Knight and Miss M. Douglas Georgetown, 7-5, 8-1,

Mens Doubies.,—Grant dz McLag- san, Montague, won from Doyle A: Layers Georgetown 6-2. 6-2.

Beer A: Moore, Montague won from Lave-Ts and McCue Georgetown. 6-0.- t-z,

Mi

i l I i

NENNT E N NIS

Th9 “Hills Tuuilament between the Georgetown and Mfllitl-Bilc Clubs “m”! wit! Dlayfld on the Montague 9°!!!" Saturday afternoon and even- in: was won by Montague, the score b91118 8 events tp 1. The most keenly wotoaiod event was that in which M183 Moore A: Mr. Mabey, Montague, won from Miss MmcLaren and Mr, Doyle Georgetown 8 - 8, 8 - 6. The scores for the different events were s; follows.

Ladies Singlesq-Misslil. Knight Gooraetown won from Miss Moore Montague 6-4, 6_3_

Mens 5ingles.,—W.A, McLaggan Mfmllfiiie won from P. Doyle George-

IE’!

mupWING Ana ‘ma: casssss. nee For All Trot and Pace, open m... $100.00.

2.15 Class ‘Rot. 2.18 Class Trot. 221 Class Trot. 22-1 Class "not, 22'! Class Trot. use $500. 2.13 Class 2.16 C1555 2.19 018$

Purse $500. Purse $500. open. Purse_$500. open. Purse $500. Maritime Bud,

ODCD . Opfil.

xed Doubiesr-Miu Moore and Mr. lvlabey Montague won from Miss Mac- Laren and Mr. Doyle Georgetown 8—6, B—6. A return tournament is to be

played on the Georgetown Courts lnext Saturday afternoon.

Purse $500. Purse $500. Purse $500. 2:4 Class nu. 9pm Pom WW- 227 Class Paco. open. Purse $500. Three Year Old Trot and Pica. pm Purse $500. ‘ _.____._ sendchecuorcashforop.c.,of‘

mm t; efligylllzldfl. Sccretnfi. SPINNING 3AM] WEAVING

CHARLOTTETOWN. r. a. r. l * l

Pace. Pace, Pace.

open. open, open.

run-mm.

BELLG MATHIESON

ggrrlmn S Ilcitora -—— h o Send me your wool to be spun into

“uwthu yarn or wove Into blankets the charge HONEY TO LOAN iior spinning single yarn is 25 cent: morn-gang {per pound and doubled 28 cents.

,Splnning and weaving a blanket 152.25, Blankets are (white only) and ‘an wool '12 x so inches unwashed lwool must. be washed clean and all _ burs and dirt picked out. Send by mail or freight. Freight will be paid

oooo-oo-oa-u-eo-t ace-cocoa»

E I ‘H ‘on shipments o§ll00 lbs. rant ship- QIS name 0|’! a IICB S BI! OWIIQII EY S (l T game, address andpinstructinns inside, EXAMINAT 101“ 2::".'"':: ' r." ".2: t". us: . e s o nge y s “ZIMBI lndfilllllllyilll Glasses z guedhmrilnd doubled "m. fine‘ -fl_ H. J. MABON ““‘ ““ °°"’°' orroiuarnlsr i WM. LANDRIG AN 0am Connected With Ii soums. P. a. r. Drugstore q I

Montague, P. B. I. »a¢aso4oo¢@0-o00-§400OO460

r

Division of Illustration Stations

Experimental Farms Branch

will hold

FIELD 'DAYS

as follows

ROSE VALLEY Monday, Aug. 4th at 3 p. RUSTICO Tuesday, Aug. 51h at. 3 p. MONTAGUE Thursday. Aug. 7th at 2 p. IONA Friday, Aug. 8th at 2 p. NEW LONDON Monday, Aug. 11th at 2 p.

A special feature at Rose Valley’, Rusiico and New Lon- don will be u SPRAY MIXING DEMONSTRATION. A num- ber of Fertilizer icsis may be soon at each station. Live Stock and Poultry also featured.

\'_:i .-

4"- i; .

m. m. m. m. m.

The Superintendent of the Experimental Farm or his as- sistants. the Supervisor of Illustration Stations and members 0i the Provincial and Dominion Departments of Agriculture will be present at each Field Day.

All interested are ‘welcome.

§69~i-'l-3l-Aug- 4-21.

P. E‘. I. AUTO BODIES

baa installed a Premier

Bandy Vacuum Cleaner for cleaning automobile inter-

iors.

AUTO OWNERS:

We also do

BODY WORK

DUCO WORK UPHOLSTERY WORK FENDER REPAIRING

Give an a trial on your next. job. l

SATISFACTION GUARANTEED-

W. R. SEAMAN

H QUIEN STREET. OHARLOITETOWN. P. I. l

t m Chief Justice‘ In Antie Base

Following is the stonographie re- firing of a pistol in the hand of the port of the charge to the jury by prisoner? You will assume nothing, Chief Justice Mathiestm in the case gentlemen. You will take the facts against Chester Anti, tried in the Su- precisely as they are put before you.

Charge 0

murder of Antonio Roderiques, boats- wain of the steamer “Winding Gulf." The charge upon which the prison- er is now being tried before you is that on the 22nd day of May, i930, at Georgetown in Kings County he un- lawfully did kill and murder Antonio Roderlques. Now you have heard for a number of days the evidence presented in this case and the addresses of counsel for the prisoner and of the Attorney General for the Crown. The Attorney General has followed the high pre- cedent of that office by presenting this case to you not as a partisan, but as the representative of the Crown, whose duty it is impartially to lay be- fore you the evidence and tho argu- ments based upon it, while on the other hand counsel for the prisoner have presented for you the facts and circumstances upon which they rely.

But above all you gentlemen have sat through and heard all the evi- dence and you have given, I have ob- served, the most unremitting atten- tion and care to all the statements that were made by the witnesses, and what material was presented before you for your consideration so that I do not think it will be necessary for me to review the evidence at length.

But there is this qualification; that if you in the final consideration of the case require to have any of the evidence read to you-the notes of evidence for the purpose of refresh- your minds or to correct an impres- sion you will be entitled to apply for and receive it.

My duty is to place before you the law which will guide you in reaching your conclusion. "will guide you" for you are the sole judges of the facts. "The sole judges of the facts."

The Court is responsible for in- structing you correctly upon the law and if there is any failure in that regard on any material point there is no remedy by appeal for errors that the jury might make in regard to the facts.

~50 that you in your special field carry the responsibility of the ver- dict, subject of course to the respon- sibility that the Court takes in cor- rectly guiding you in regard to what is the law.

Now I have read-to you the bill of indictment and that sets forth simply one count—a count for murder.

It is open to you to bring in any one of three verdicts.

You may bring in a verdict of man- slaughter or of murder or you may bring in a verdict of not. guilty.

Although the charge as you will notice is for murder, it is equally open to you if you so decide to bring in a. verdict of manslaughter.

Then if you think the evidence does not support either one of those counts it is for you to say so by bringing in a verdict of not guilty.

Murder is defined in the Criminal Code of Canada. Homicide, I may say, is the killing of one human be- ing by another by any means.

Now culpable homicide is homicide that takes place wrongfully as a crim- Lnal act. The Statute defines murder as culpable homicide.

If the offender means to cause the death of the person killed, or if the offender means to cause to the per- son killed any bodily injury, which is known to the offender to be llkcly to cause death, and is reckless whe- ther death result or not, or if the of- fender for any unlawful object docs an act, which he knows or ought to have known to be likely to cause death and thereby kills a person, though he may have desired that his object should have been effected with- out hurtlng anyone, does an act which he knows or ought to have known to be likely to cause death and thereby kills any person, he is guilty of culpable homicide.

The first question that you will be required to decide 1s, did the accused cause the death of Antonio Roder- iques? Did he cause the death? Now you have in mind the evidence of Antonio Rodcriques being found with a mortal wound in the head. You have evidence of what happened when the accused last. went into the forecastle head where the deceased was and what happened there with a pistol. You have evidence of a wound in the head and of several doctors that from that wound the deceased died. You have those facts, and the wound was probed. I think, about a inches long before it reached the bottom of the wound. You have those facts which you have heard in the some group and relating to the same circum- stances ancl from those facts and cir- cumstances you will answer the first question-did the prisoner cause the death- Step by step you will require to go over the facts proven and hav- ing gone over those facts step by step you will reach your decision. “his the death of the deceased owing to the f

preme Court, Georgetown, for the group them together and reach your

conclusion. We are copsidcrin: the charge of murder. Suppose you nnd that the prisoner did cause the death and on the charge of murder the next ques- tion you ask is, did he mean to cause the deatnor if he did not mean to cause the death did he mean to cause bodily injury likely to cause death? “Being reckless whether death result or not." 0r did the prisoner for any unlawful object do an act which he ought to have known was likely to cause death and thereby kill the deceased? Though he might have de- sired that his object might be effect- ed without hurting any one, did he for -\n unlawful object do those things? It is very shortly put but it involves for you the most serious eon- sideration because upon the law as I have stated it will depend your ap- plication of the evidence and your de- termination as to whether the accus- ed was guilty of murder or not. Now manslaughter is an alternat- ive verdict. on the charge of man- slaughter or culpable homicide-the statute lays down the law. Culp- able homicide is tho unlawful

killing of a person by an- other person. Culpable homicide. which would otherwise be murder.

may be reduced to manslaughter if the person who causes death does so in the heat of passion caused by sud- den provocation; or by a wrongful act or insult of such nature as to be sufficient to deprive an ordinary per- son of the power of self-control, may be provocation if the offender acts upon it on the sudden, and before there has been time for his passion to cool.

one condition of manslaughter is that the slayer must not have intend- ed to cause death. Now you may ob- serve that frequently persons are convicted of manslaughter for the reckless driving of cars. One who drives a car in an unlawful way and 1n such a way as to be reckless of whether he causes death to other persons or not, if he causes such death is guilty of manslaughtetr though he had no intention of caus- ing death. If the Intention were there. or. if one were reckless whether he caused death or not, if he drives a car in such a way that the jury would find he was guilty of causing death, then he is guilty of mur- cier even thought he did not intend to cause murder-but he was using a dangerous instrument in a reckless way regardless of whether human life might be thereby taken. The slayer must not have intended to cause death or grevlous harm to any per- son and he must not have been ac- tuated by an unlawful purpose. ‘Phat brings the case for your consideration in the field of manslaughter.

Before going further I will read to you an abstract from the stenograph- er's notes of evidence on what tran- spired in this case at the time the prisoner and the deceased were last together on board the ship.

The prisoner testified:

A.- - - I continued up forward _-went into the forecastle.

Q. White door? A. Port door.

Q. what did you do there? A. I got ‘in there and I seen Posselt leaning up against the bulkhead. I walked past him and all of a. sudden I seen the boatswain coming towards me.

Q. What happened then? A. I seen the boastwaln coming towards me with the spike in his hand-the mar- lin spike.

Q. Where were you then? A. I was

inside the door.

Q. What happend then? A. Do you

want me to tell you what the man

said? The man came towards me.

Q. What man? A. The boatstvain

came towards me with the marlin

spike in his hand and he say "I will

kill you, you son of a bitch." He came

towards me and came close to me and

made a stab at me with the marlin

spike.

Q. What did you do? A. I stepped ‘ back and he missed me. I stepped

back quickly.

Q. which direction did you step

back in? Q. Here is where Posselt

was standing. You see that red mark.

I came in the door. That is the door‘ where those spaces are. I walked past i Posselt. The boasts-am came up in‘ that direction up there-came to-i wards me and made a stab at me

with the spike saying " Iwiil kill you. ; you son of a bitch." He made a. stab I at me with it.

Q. You stepped back? A. I stepped 1 back and he missed me. I stepped‘

backwards. l Q. which side of the door would you be on? A. On this right hand side of the door.

Q. How far is that from the wall? l A. From the aide of the thip-lt Isi quito a ways from the side of the

ship.

Q. Afterwards what happened? A‘.

After I stepped back he stepped back

i . » ri-iz cngigbojijrgggvvy GUARDIAN

benefit which is ordinarily stated as "the benefit of the doubt."

I am not sure that I can help you by any further review of the evidence. I may say that you have a perfectj right and it is your duty to consider- the quarrel as it first arose and as it was carried through the various stages before this final act. It all will tend-to give you the atmosphere in which these people were living and moving, and will give you an oppor- tunity of judging whether, when the prisoner says he was in mortal fear, that is a statement which might be reasonably true, and if 1t may reas- onably be true, you may apply it to the other facts up to the final act that took place in the forecastle and and use it as part of the means by which you will arrive at your con- clusiotu.

New gentlemen if I were to enter into a consideration and review of the evidence it would be very difficult indeed to stop at a reasonable length. I would do it i! it were not for the fact that I have already mentioned- that throughou this case f observed on the part of the jury the most Icompetcnt and intelligent interest m: ‘the case and an appreciation of the

facts that were being presented in take Sarge“, if you an‘ insure you; , evidence that is quite u-nusual and it good health by keeping the treat-‘seems to me to remove from the merit on 1111163 MY U"? “'55 Wt’ °f l Court the necessity of reviewing the‘

“I’m in Pink of Condition Now”

"I can best express my Opinlgn 9g sifgon 1n the form rf a home-made slogan-l! you are not feeling well,

WH- C. COOLEN

- PAGE saygnu

t- v.4- .....'

New AnnanRaces “g

Wednest_l_¢_z_y,Aug._b

One of Finest List of Entries Ever

Coming—Read the Entry List Below!

i 2.18 CLASS TROT PACE (‘PBOTTEBS 3 SECS.)

Peter Will Tell 2.08, Cyril Kenney. Summersid

Peter Alright, 2.17%, ‘John A. 1m Summerside

Lucky Lindy, lid/Vt’. McNeill, Charlottetown

British Ginger, 2.18%, Goo. McNeili. Kensinfin '

Watts Edition, 2.1314. Wm. anther, Mt. am

Blngen Aubrey, 2.11%, Li. Col. D. A. McKIrinon, Charlottetown . Hal Tipton, 2.16, H. T. Hinton. Batburst. N. B. Golden Peter, 2.15%, G. W. Horseman, Moncion

Con Frisco, 2.01%. G. M. Gerow, Fort Falrfield, Me. Della Harvester. 2.10, G. M. Gerow, Fort Fairfleid, Me. . Jessica the Great, 2.14%. W. B. McArthur. Kenaingion . Billy Cope, Lt. Col. D. A. McKi non, Charlottetown Johnny Walker, Garden City Stables, Charlottetown.

t. .- s=r$it=s=o=>sosce==rav

2.21 CLASS TROT AND PACE (TROTIEBS, 3 SEGA

Golden Peter, 215%, G. W. Horseman. Baotou

Lucky Lindy. 2.16, W. McNeil-l. Charlottetown

Britkh Ginger, 2.18%, Geo. McNeili, Kensingfon

“EMS Edition, 2.16. Wm. ‘Ii-ulnar, Mt. Ryan,

Billy Cope. 2.13. Lt. Col. D. A. McKlnnbll. Charlottetown . lfal Tlpion. 2.18, A_ T. Hint!!!» Bathurst. N. B.

if“: géfnmrgfigg$le ‘ffitegageilflg? evidence exhaustively. Nevertheless. beJr 03f so-called ‘tonlcs’ and ‘emul- ‘i! I'D" require 9H3’ ill-Tiber Llfofmfiiiflfl 51mg but, 1 found my first ‘real’ tonic on any point of the evidence or if you in 531E911 that's; I“ different fwm require any further instruction on the gilgézhnelrgefsefisstlarfafagstlieis 2.3%? points of law relating to the case you mg that used m hang on to me an lhave a right to return to the Court. the time is gone. Sargon put me With that gentlemen, I will conclude right back ‘in the pink‘ and I feel m‘, the present, ‘ New" than I “We h; mogthi‘ I. if: Counsel for the defense asks that giggle? 3111:“, £1,131.15 to kgnow , the Court charge as follows and the of this Sargon. , ‘ Court so charges: ‘ "I never found a laiiflfiiltiisihglgrligiiotx; ‘Everyone unlawfully assaulted, is; giillgshiazlraliggtglraglgaout that ma: I Justified though he cause death or‘! trouble and ridding me or comm”. grevious bodily nsrrn, if he cause it, tignfZ-Wm. C- Coolen. 3-A-N. under reasonable apprehension of ‘ Creighton St, Halifax, N. S. death or grevious bodily harm from Sartzon may be ‘@112: gguchég‘ the violence with which the assault‘ gttgemw“ {mm the “g . a " was originally made, or with which ' _ the asailant pursues his purpose, and ._.___-_-———-—--- ii‘ he believes on reasonable grounds , m that he cannot otherwise preserve tLSQnItIZOIQ-IZTZIZIkZeVITZZ‘: siergfied ‘ iqimself from death or grevious bodily ‘ _ _ I iarm. iii.i.‘.“‘.i.““g.i“‘gf.‘.‘;i.“ . a t- mgh As he came towards me_‘ ‘ 11.15 p. m. jury returns and asks to Q ‘what did “Du do,’ A‘ He turned have manslaughter again defined. just‘ as I pulled the ‘trigger. It all Th” Court direct‘! u fallow!‘ happened there that quick‘ i Manslaughter is deflnedto be culp- Q Did the boatswam see the gun? able homicide not amounting to mur- ' ‘ , m See ‘ der. Culpable homicide’ means the Did he hme an oppormrymy _ m ‘killing of one person by another crim- me gun? A He must ha‘? San e inally. The wrongful and unlawful gun‘ I know I seen the splka killing of one person by another. In Q‘ were F“ ‘in-aid? A I was I order that. culpable homicide may not death“, alrald‘ tiamount to murder the slayer must Q‘ Did w“ mtendnrmg the gun a ‘not have meant to cause death. If in am A‘ Amflutely “m” I hm no m‘ doing the act which has occasioned tentlon whatsoever to shoot the gun. death the intention was to cause 9- D“ W“ k“°“' it w“ waded? A i bodily injury, the bodily injury must I dld not‘ , , 1 h , not be such as the offender knew Q’ what‘ did you mtend to do u t i likely to cause death. If the act by m A‘ I mwnded to scare the ma“ I which the- killing was caused was an away from me. I did not intend‘ the‘ a“ done for an unlawful ma“ seeing the gun “mud come m‘ obJect It, must. not be such an act as “Yards me then‘ I know I would not ‘ the oficnder knew or ought to have “me in“? a ma“ ‘f he had E Bu“ ‘known w be likely to cause death. 1t is an . mQh. Where? A. Towards thelanchor 3 m the doing of an act which has 0c‘