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. PAGE TEN ‘

ill MEMOIIIIAMI

' IRS. EMMETT HAMDIILL

~ The death occurred in the Prov- incial sanatorium yesterday after- noon of Mrs. Hammlll, aged 35. wife of Bnmett l-lammlll. linotype opergtor of the Patriot. Mitts. Ham- mill.: whose maiden -name was Mildred Harrington, was a young woman of splendid character, and de- >-sympathy will go out to the bereéved husband and other rela- tives;-in their great loss. Her death is iii’! the sadder from the fact that'she was a bride of only six

months. She had been ill for sev- .

cral ’;weeks past and was removed to the Salizltorium Tuesday.

Personals ,

tifzijor R. Vliic.-_ H;illf:i.\:, arrived in Clierlotictoii-xi }'PS'.Cl’dll)'. Bradli-_\' and Miss Nail \1.\l'.l‘l'.\ to Soulhport ln(_v c-ruled from Char- io Ill‘ little village.

.2 . sun of Mr. .iliaii. Beaver SL.

.ll '1' .. a: ‘ti ll .l'.v' Ull Tiiesday evening. Mr, Hrllmzzn ll.lS barn attending Mt. A111 on L'lli\l‘l'-i'l_\' at Sackville.

ls: ltev. A. J. Mc- xlollcioivii priest, i . night as "better

i’-‘alllcr Mclntyrc :._v ill last Friday af- uii unwell for zeveral

BX RTHS

‘Nil 2. Fi_:Ai"Nt-if 'Glli'.~Tg7>vilf_oi3 ' . .\‘in).' 237. H936. to M1‘. id Doucelte. of New

'r;.ui‘i.i.xlr"— 1;. llils Cit)’ Mag-"2T‘

lU'l6,3 .lflY\."i.'~ Galliilit. 150. Fun- ei-cl lfrorn his late resiciciice Friday lll"l'Ilill,’t in St. l)iliislan's Basilica.

tl:cl‘.'et- 1*» the R. C. Cemetery.

Pir€’i‘Rli)(il-:—At Kingston on '.[‘llc=,’ci.lv May 26th. 1936, Willialn I‘. P.. .:lg,t~. aged '14 years. Fun- eral from the r's‘dcnce of his l'):'0il'i(‘t'. .loli'.l I’ ldge. lgldigell

.a

Funeral h0l;cc ‘

cos"il;i.l..:i -— At Lo’. 65. May 27. ll Costello. are 3'3 years. 1'.llicl';l1 will t:-.kc place from her 3.: 'lt‘.‘.i€l('lll:f‘ I-‘Jiday moi-ning at 830310 the Lo; 65 Church.

ll‘M.lflI.l.—.\t lllf‘ Pl‘()’vlllCl8l San- a‘ ‘mi. .\llv "" 1936. Mrs. Eni- v - - ' ‘. (nee Mildred H'lll'illglUll P R.\erl. Funeral

Friclay morning front M. Holines-

Fl’i‘Zl’.\’i‘Ri('K — At Dc Gros Ma '1l on May 2'7, 1936. after 8. ling l: illness. John Joseph

l“1ll'p3ll’l'.:k. uged 42 years, leaving I Wlif? and six children. Funeral from the home of John Dali Steele. 'I'lui dnx morning to St. Giorgi-' Cf‘.ll‘.’Illl’ Church.

lll£Rfll£l.L — Al the Charlottetown Hospiizil y 27. 1036. John Steph- en Hcri . zlge 63 years. The re- ". \\' 1 be 10l‘\\'8l‘(l(’d from A. A. . c:."s Fuiieriil Home this af- tc:'l.:.n'.n lw Iltipc R.:\'ei'. The fun- cizll will t.l.kt~ place Saturday morn- ing to Hope River Church.

COK(‘.0R:\N—At the Charlottetown Holialtal, May 2'7, i936, Mrs. Harry Coi'C'bran, iige 62 years. The fun- erri. will take plilcc from her late ruffleiice. 22 Dorchester Street, Sat- urday morning at 8:45 to St. Dun- stalt; Basilica. thence to the R. C. Cemetery.

Mortgage Sale 133 ACRES 0; LAND AT TRYON» LOT 28, PRINCE COUNTY

_'L'l_lCl‘C will bc sold at public auc- tion in the Hall of the Cmut House in Suiiiliirrslcie. Prince County, on

- pupil, from injuries and shock suf-

' automobile driven by the CliarIotte-

Shirley Smallwocd. told the court

EVlDfliBE lll MANSLAUGHTER clsrgilin

Preliminary Hearing Opened Before Magistrate Tweed Yesterday.

Seventeen witiiasses were heard yesterday when preliminary hearing of William Phillips of Charlottetown on 3 charge of manslaughter open- ed before Stlpendiary Magistrate G. J. ’I‘we€dy. K. C. The hear- ing adjourned for one week after Crown evidence was taken. The charge was laid against Phillips fol- lowing the death of Shirley Small- wood. 9-year old Bunbury school

fereci when she was struck by an

town man,

Mr. D. Edgar Shaw, K.C.. appear- ed for the Crown and Mr. C. st. Cali‘ Traiiior, I\i.L.A., and Mr. J. J. Johiistcii. K.C.. for the lICCllS£.'d. The following is a short .~;tlliiiiinry of the evidence taken at yesten:iny's proceediiigs:

Dr. George F. Dewar told of ex- tmiinins the inluled child in the Prince E:1:vard Island Hospital, as- sisted by Dr. Donald Campbell, and of givnng temporary treatment, The injurzcs he described were. :1 compound fracture of the upper right thigh. a fraclulr: of the lot leg near the ankle, ll fracture of the right aim near the e‘b:>w, a fracture of the right callarbone. a cut on the lnicle of the right arm and 2. bruise on the right side of the forehead. The child had been struck with considerable force, ‘in his opinion. to cause such injuries. Except the left leg all the injuries were on the right side. There had been no post mortem pt-rformed to his kriowledge. the witness said. Dr. Donald Campbell. who asist. ed with the examination and tem- DOTBYY treatment corroborated the evidence of Dr. Dewar.

J. Anllionv R/I‘al‘(‘l(l!l. Cllllflnflc- town. 1il'_:li\\'ay (’lliZlTl(‘."i' for Department of Public \V0l‘k:~. told of Inefl-‘.Ul‘f‘ll‘l(‘l‘ii5 he had in lde on the B'iin‘our_v Road near the school. 1'18 Drofiuced a map of the d‘strlct. The road is straight. east from the Bunbury School for n diSldll’I.? of 250 feet. illld then swillgr. llito ."I. 10118 curve. For it dlstanrc of 3M) feet east. Bl>Dl‘CXimatcl;,‘, there is ll c.ear view of the road in front of the School, the witn:ss said. A car Would oe very nearly lane on the eas‘. school before the school. would be visible. There are trees. on the school grounds and a hedge along the east side of the lane to the shore. which obstructs the view of the grounds until a car HlJl)r')ach- lng the school from the cast would be within 200 feet of the giound. The hedge comes to within 36 or 17 feet 0." the Bunbury road on the north side. on the road 220 feet east of the centre of the school grounds it is possible to see 55 feet

exile

back from the centre of the road into the achcol grounds, the wit- ness said.

William Sina‘.lwood. father of

that his, daughter was 9 years old

t‘r(‘ l

the bat and Catherine Judson was catching. CIrl hit the ball and it went out on the road The witness was waiting his turn at bat, and Shirley was pitching. The bail went out on the road and across it, al- most to the other side. Shirley went after it and when she was running Carl yel‘.ed to her to come back. The cal‘ was opposite the east side of the lane to the shore when the witness saw it and shir- ley was running out into the road. “Shirley got hoisted into the air when the car struck her," the little witness said. she went past the top

told of examining the brakes on‘ a Ford V-8 car with registration 3-982. 1938. He had been in the motor mech- anic business for seventeen years. He examined the car and found practically no brakes. he testified.

the other three. He found a fair amount of lining on the brake shoes but the brake mechanism was in very poor shape. It was very lnuch in need of lubrication and a general adjustment. on the right rear wheel the rod was pulled out of the clutch and as a result there was no brake on that wheel. Neg- lecl. was the cause of the c0lld'tlOll. ll. would not be caused by a crash in his opinion. There ulely no brakes on wheels. he test! led."

the iron‘.

Ma.'isll'tl‘.e the wltiie.~‘s said that the llililfl brake was attached to the inechlinisrn of the fool, brake.

driving home from town with the

l'Cad and the car swerve first to the left alid then to the right ap- parent‘y trying to avoid the child. The car would be from 25 to 80 yards from the child when she ran

witness. The girl ran about three quarters of the way across the road, stopped, hesitated, and then started back across the road 383111- The child was struck somewhere on the right side of the road running‘ back. He didirt notice whether. or not the car diminished its speedl after it struck the girl. It ran in-‘ to the bank on the left Side of the road after hitting the child. The bumper was up to the fence. It was 13 lo 25 yards Ertlin where thel child was struck to \ll'hel‘C slit‘ was pzekcd up. He didn't notice wheth- er the brslkes were applied. Phil- lips said after he got out of the car, "My God, George. I gues we've hit a child." He said. “Whatll we‘ do." and the witness told him to Lake her to the hospital. The child was picked up by Phillips shortly after. Phillips knee; buckled under h‘m and the impression that the witneg got was that he did not have the stnength to pick her up. The witness d‘.(l not smell any liquor from off Phillips. one of the men tried to start the car I01‘ the accused but it did not start easily and the child was put into a car that happened along, the wit- ness said.

Afternoon Session

The first Witness at the afternoon session of the court was Mr. A- Reardon who had by 1'6Cl\1€‘5l4 made several measurements at the scene of the accident after he had lZl_V€ii evidence at the morning session. The distance from the edge of the

At the commenceirient exercises lat St. Dunstan's University lTuesday the Rector, Rev. J. A.

' generous prizes awarded the stud-

of the cur into the air. he thoilght.‘ George W. MacDonald, Montague. .

There was a rlighl. braking action; on the left rear wheel but none on!

was absol- '

In relll_v to a question from the:

J. weiideil Mutch. Bunbury, told, count of sickness. will be unable of seeing the accident as he was‘. sadly missed. I refer to our dear milk wagon. He saw the car ap-‘. preaching, saw the girl run into the .

into the read, in the opinion of the.

bank to the fence where the car struck the‘ bank was between 15 inches and two feet,‘ he said. The height of the bank was from two

the 10th day of May and that she had been in good health. After the accident he saw her first in the Hospital. He talked with the ne- cused in regard to the accident but the adcused did not say how it

happened. The witness said that Philips had told him that the child had had her arm and leg

broken. The child was clad in a blue skirt and 3. red sweater on the day of the accident.

Elinbeth Jenkins. Mt. Herbert, and teacher at the Bunbury school. toid that the accident happened about nine minutes to one. At the time of ti: accident she was in the school preparing work for

ltioiidny the 29th day of June. AD. 1936, lit the hour of twelve o'clock noon. all and singular that tract p/ace or parcel of land situate ly- ing and being at Lot 28, Tryon, ‘in

Prince County. in Prince Edward‘

Island, bounded and described as follows, that is to say: Com- mencing at a point on the east side of Tryon River. and in the north boulldary of land formerly in pos- session of Charge Sturdy now in possession of William Lea; thence east along William Lee's land one hundred and five chains and thirty-nine and one-third links or to land in possession of John B. Lea; thence north along said John B."l'.t‘a's western boundary line flwclve chains and fifty-ninc links or.’ " land formerly in possession of J Hudson and now in posses- sidiiof Charles Pooley; thence west alo the southern boundary line of".lancl formerly in possession of Jabk. Hudson to the shore of Try- pnl‘.-Rlver aforesaid; and thence "ninth and following the various wiggling: of said river to the place of _ menoement, containing one hundred and thirty-three acres of land, a little more or loss. The above sale is made under

'and by virtue of 9. power of sale

contained in a certain indenture of mortgage bearing date the fifth day‘ of July. AD. 1930, and made between Wendell H. Lea of Tryon. Int 28. in Prince County. Pflnoe Edward Island. femur. and Alma

-D.»-Lea his wife. of the one port,

and Janie stordy of Tryon Branch Road, Lot 28. in Prince County. in said Island, widow. of the other part, and because default having been made in yayment of the prin-

cipal money and interest secund

hereby.

vibe further lnrticulare apply to -OWN!» ‘I - or to Henri atranl.

‘thl child hld been hit . on 6!” MI MM

the clases. Her attention was drawn to the accident by a shout. She went outside and saw men. Mr. Mutch. Mr. Phillips and Mr. Mcbcllnn there and the child. Shirley Smallwood on the ground on the road.

Phillips was near the child, Mr. Mclellaii further badi and Mr. Mulch was look‘n‘. after his harsc. The other two were juzt standing there. the w.tl‘.css said. She told Phillips to pick the chi‘d up. He did so and then staggered down again. The witness hclped him up and then went to Mr. Bovyer-‘s for a car to take the child to the hos- pital. Whcn she was helping Phil- lips up sho could smell liquor from his clofhes. the vwtnes t.e3tlfied. when she came back from Mr. Bovyeris the cliiid was gone.

She told Mr. Trainer in cross examination that she had not told at the coroner's inquest of having smelled liquor from the accused clothes because she had not been asked. She had been asked if she had smelled his breath and she had sflid "no."

David Mutch. Bunbury, fifteen- year-old school-boy. told

had been sitting down It

swerving back and form.

was struck. The our continued and ran into the bank on the left side of the road. He could not be Sure how me the car was some. he told the court. but thumb} it was 80- ing forty mifoa an hour. It slowed down a. little after it hit the child but not very much. he slid. It was

nznmcn of his steps mm WM” to when

p. The roIrin§ 0! the ntion to it he said. mvinzttone. nine-year-'Id

Ihewupinudu

y. told how he and two yd been living hell with the day of

three 1

that he the north west comer of the school grounds on the day of the accident. He had heard a car roaring and had looked around and had seen it trying Iwlmntly. to avoid the child. He saw the child disappear when she

feet to two feet six inches.

Marjorie Cox. Charlottetown, nurse at the Polyclinic, told of the arrival of the injured child and Mr. Phillips. Later the child was taken to the Hospital. The witness dress- ed the wound on Phillips‘ forehead. He seemed quite sober. but the wit- ness smelled liquor but she couldn't say what kind".

Ronald Mclnnls. Southport. truck driver. told of meeting the car. driven by Mr. Phillips. coming down the hill at the Orphanage on the Bunbury Road about a mile and 3- half or two miles from the Bunbury School. Phillips was behind another car when the witness saw him first. He was pulling out to pass the car but when he saw the witness. he pulled in behind the other car.

Charles Bambrick. southport, told that he was at the bridge at Fuller- ton's Marsh on the Bunbury Road on Monday. May 18. when Mr. Phil- lips passed. Phillips was going 25 or 30 miles an hour when he Was crossing the bridge. the witness thought. There was a drain three. feet deep and a pile of clay 0" UV‘ rlght side of the bridge. Phillips kept to the left of it and did not slow down any that the witness saw. The witness noticed the ensine roaring when the car was approach-

lng.

Edwin Corrigan. Johnston's River. told of taking" Phillips and the in- jured girl to the Polyclinic in his Pontiac Coupe. The accused had passed him on the F‘ullerton's Marsh hill shortly before the ac- cident. He was going slow at the time, the witness said, as he himself wu only going about fifteen miles an hour. He didn't hear any born before Phillips passed him. He ar- rived It the scene of the accident us Phillips was picking up the in- lured girl. He took the girl to the City Hospital. when Phillipe was picking the girl up he "sort of went bat): to the ground." the W"-hes! testified. on the way to Charlotte- town the child cried I littte. He thought he smelled liquor in the car on the way in but could not be sure. They didn't talk much on the way in. when he drove up to the scene of the accident first, Phillips said "this little g::l ran in front of my car."

Patrick F. Morrir, special R. C. M. P. constable. told of taking‘; ma V8 from in front of Maui n Bron. store on Queen Street, on Mon‘ afternoon, the day of the accident. He tried the brakes and found

none and than look the car to the Mounted Police barracks when he turned it our to lotlelm Andormn. The U1! effect he could notion when the beans were applied we; the content!!! of the brake drums. no that not on to tells accompanying Oonltable Jay I Mr. mum to the can of and I6-

CHARLOTTETOWN V GUARDIAN

Letter To Rev. ‘I Dr. Murphy From Lt. Gov. llollois

Murphy. D. D., in referring to the

cuts by His Honour Lt. I yernor Deslols, said that he had received a letter from His Honour convey- ing his regrets that he was‘ not able to attend due to Other en- gngemenfs.

The following letter was sent by His Honour to Dr. Mnilphyi

May 23, 11136. Dear Dr. Murphy:

It is a matter of regret to me that circumstances make it lm-1 possible for me to be with you at 1 your Commencement Exercises this ‘

year.

May I, therefore, take this op- portunity of congratulating you and the members of the Facility upon'the successful work of the past year and may I also extend my congratulations and best wishes to the members of the Graduating Class and the entire student body upon the splendid and praise- worthy manner in lvhicll they have 0 nductcd themselves through- r out the College Year. I

I know that the kindly face of one who is always in his place on Graduation Day and who, on ac-

to be with you this year will be

fr'cnd. Father .‘/Iaclntyre.

While some men may be so for- tunate as to succeed in winning the admiration and the affection of the mcrlibars of their immed- iate family and of their iiitlmntc friends, Father Maclntyre stands in a class b_v Limself. because he has succeeded in winning the love and the B(llllil‘fillf‘l’! of the whole community and especially is this true with regard to the little children. The reason is quite ob- vious when you consider that for three hundred and slxty—f1ve days of the year his one aim and desire has been to promote the spirit of good-will and of tolerance that. I a: happy to say. characterizes the relations of the various religious bodies throughout the Province and which I hope will be pres':rv- ed ant’ strengthened with the passing of the years.

I knew that the citizens of this rrovince will join me in wishing I".thci’ Macinfyre. the Children‘; Friend. an early return to health. so that he mar continue his good work and interest in every worthy cause and his devotlori to his friends both young and old.

I am extending my coiigratilla- tlons upon the successful work of the past year and with kindest re- gards.

Believe me to be. Ever faithfully yours. GEORGE D. DEBLOIS.

v Lieutenant-Govemor. Reverend Dr. Murphy,

Rector St. DunsLan‘s University.

Charlottetown.

Strikers Ordered Back on Joins

tA.P. By Guardian‘: Spedll Witt)

MADRID. May 27-The govern- ment ordered striking syhdicallst waiters back to their jobs tonight-

Propi-iewrs were told to reopen establishments closed by the walk- out aiter wallets sought the dis- charge of Fascist employees. .!-leavy police guards were furnished but only minor incidents were report- ed.

cident. The accused in explanation of the accident at that time had told the witness that two little girls were chasing one another and that one ran into the road and that he had hit the smaller child. Later he had picked her up and taken her to town in a Pontiac Coupc that hap- pened along.

Alfred Frizzell. Charlottetown au- to mechanic. told of examining the brakes of a Ford V8. He found practically no brakes. The front axle was beilt a little. The rear brake rod that screws ilito the clutch was stripped. There didn't appetlr to be anything wrong on the other side. Asked as to what might cause such a condition. the witness said it might be that they had not been adjusted for some time or they might have been used a lot.