' some. . ' GRAVE
/. Continued n-em base 1 I‘.
‘i; “ughlf have told huh-
. D0 y,” mean thlt YOU left ’ Q" 1, mm the opwmmlll °l fit able m gay that you arrested *7’ . ,,,,,., you didn't arrest him? 113:‘; mn-ny think I did arrest
‘uikmd you order hini into the
es. ' Dm you tell him what YOU m; going w do with him?
AfYes.
‘,what did you tell him?
M’; 401d him I would take him ' ygewwn.
imaged. him or not? p2,; dozrt know. " “HM-us you are s. Provincial Po‘ ‘Minn? 5.-Ye5- . ..whal‘; became of Callaghan? n“ you talffl him to oeorseiown?
Al-No sir. qLwhere did you take him?
‘rgtookhimdownthsrosda
r-zff-‘f
o-oa-oe-veoooo-oa E
PIECC. I
° flow will you tell us whether
Q-What did you do with him? A-‘Iurnsd. around again and look him back. -
Q-Do you know when: you put him?
A-Let him go.
Qs-whv did Ytu let him go? A.-—Didu't need him any more.
shine? Aw-I got it.
against him? A.—I did. Q-What for? A.—Ii'0r possession o! liquor.
Central Guardian
ENGAGEMENT-Mr, and M", G'- H- Harper. “East Royalty, an- Munw the engagement of their dfluilhm- Ruth Isabel. to Albert Edwin Peterson. Boston. Marriage to take place July l.
The friends of Conductor A. J. Harper will be glad to learn um he has returned home from the Montreal Hospital
' ¥e$1”"‘~4 g l_ lasszfred Advertisements
‘Whig-Wanted ‘-
Teachers Wanted
--r—-'
voliTltAlT AGENTS. WRITE FOR catalogue and prices. big money United Art A. W. 0-10-1161. .
making proposition. Toronto T.
bfl-"Etgbr Sale
F’___,__.,._@-_----_
m‘; some 1- onn ramps, s
. cehts bundlle. Guardian Office. .. 3 . .
A tf.
_¢_,_.__----- rot sacs -- A coon nmvnvo Exchange for a c ow.
wtgon. ohude Crasuvell, Winsloe. l
., ~ 5414-6-20-31.
_______,___..'.,__._____.__.__ nor. some, uio ma", BOARD AND at Guardian
tf.
room ‘signs km hand_ Oiflce. ~
you sans -‘- A WALK m ICE box Size 5 ftgby 6 ft. by a ft. high.
A ml ha: limited.
-—--7--— llllt SALE —4 LADIES BICYCLE.“
rlmostnewJSell cheap for spot ash. Phone 289, ' P. O. Box 464, 5846-6-18-20-21.
summerside. '
..,_----—---——-- m: sans-FORD COUPE. 1921 model; In flood shape. All good battery, $15 cash. Apply Aksel Krudlen, o. 0., Wen-
tires and n. dell Ice. Vi: sis, PEI.
5428- 0-20-31
sin. Palmer Electric 5307-6-19-31.
WANTED - TEACHER r01! HUN- ter River School. First Class pre- ferred. Supplement $200.00. Irene wedlock, Secretary. 5381-6-19-33.
WANTED - PRINCIPAL FOR Crapaud School. Supplement $200.00. H. Leard, Secretary.
5392-6-19-31.
TEACHER WANTED FOR JUNIOR Departments in Kingston School. Supplement $125.00. S. B. New- BOH- 5419-6-20-31.
TEACHER WANTED FOR PRIN- clpal department, Albany Village School. supplement $150.00 Sgd. A. C. Green, Sedy. 5438-6-22-31
that? l
Q"_w“mt b°°'m° "l u" mum‘ much in favor of laying the infor- mation against him first.
Qr-Dld you lay an information hum dmn-g yo“?
the man that night at Peaku Sta- tion. ' v
"'" - you shouldn't lay tho information?
Q-Bcloro whom? A.—His Honorlsr. woody- Q-Whlt became of that?
Q-l-fow did you oomc to d0
A.-Well, in fact I was not very
Q.-Why? You got the liquor on
lL-Well. I heard good reports of
Q-And therefore you rut um
A.-Not for possession. I don't generally lay infonnatlon against any man for having a bottle of li- quor, if I can find out when he got u. ' ‘ Q-nid you find out when he got it?
A.—-No, I didn't.
MR. MACNEHL: I object to this evidence as inele ‘.
MR. JOHNSTON: I am going to ask these questions one after the other, and the Court, if it sees fit, may disallow them.
11m con-arr: They wurhot only be disallowed; but they carulot be asked.
MR. JOHNSTON: Your Honour cannot stop me from ssklng the» questions.
'I‘HE COURT: We will try to. MR. JOHNSTON (to witness): Did Rumell Clark have anything to do with the changing of that 1n- formation?
THE COURT (to witness): Don't answer that question.
MR. JOHNSTON (to witness): Was Russel Clark the man that got the prosecution suppressed against Callaghan for having liquor in his -- ' ?
MR. MCNEIILL: We object.
Tim COURT: The objection is sustained.
MR. JOHNSTON: What is your Honours authority?
THE COURT: It is not material. MR. JOHNSTON: Is he to ans- wer the question or not? ,
THE COURT: Certainly not. lim. JOHNSTON: Do I under- stand that the Court is instructing the witness not to arlswer the
. 1, .
WANTED — SECOND CLASS TEA- cher for Rlngwood School, Rocky Point. Supplement $100.00. Nelson Currie, Secretary. 5415-6-20-31.
WANTED-FOR- HAMILTON School, a first class teacher. sup- plement, $175.00. Howard Ram- say, Sec’y. 5450-6-22-31
WANTED-MALE TEACHER. 100R. ..Bradalbane School No. 105, sup- plement, 012500. John J. Mac- Leod. Secy of Trustees. Box 41, Bradalbane, P.E.I. 5439-6-22-31
FIRST 0R SECOND CLASS EX- perienced Teacher for Cross Roads
IMPERTY BOB. SALE, FIVE tenement house, old unoccupied house and warehouse at Comer of Pownal and! King Streets, lot sixty-eight fpet three inches on Pownsl Street, and one hundred lliil seven feet six inches on King
block or in parcels.
Apply to Jos ph B. Hayley, Pow-
lul. or Gaud t s: I-Iaazard, Solici-
town. 5144-8-10-121.
Street. Sold f
tors, Chariot
“Female Help Wanted
“ ‘ No. 155. Midsummer vaca- tion. Apply W. A. MacCallum, Southport. 5400-6-20-31.
WANTED - AN EXPERIENCED First or Second Class ‘teacher for Wilmot Valley School. Supplement $125.00. Apply E..C. Caseley, Sec- rotary. 5417-6-20-31.
.._.___.__..._____.._____.._.
WANTED-A FIRST 0R SECOND class teacher for Sturgeon School, No. 83. Suppieme it, $100.00. Lionel Collings, Sturgeon.
5437-0-22-31
WANTED-Avis lalgusework. f:
L WANTED-A
do plain coo study Mrs. N
1Y0 Let
iQi-ii i0 nzr_
m‘
for July d Anna, Roehiord Street. Li.
“mmhs- APDl , Guardian.
-___
Iround floor. Street. Apply _
F011. GENERAL pply 230 Grafton 5435-80-20-21
Imam who can . Good wages. l DsBlois. 21 Water
5834-6-l7-tl
~ . IELIABLE EDUCATE!) tVOMAN to act as tra velihg supsrvlm for well known firm. Salary and ex- WIBPS. Apply" immediately to Box V- 116- r. u. W. June 20-21.
FUWNISHED HOUSE Apply 69 5613-6-20-31
‘Roonrtp no: as roa sumuaa BMI-B-ZZ-Si
El‘ - blooms: ore-res.
Great George . .1’. A. S. Bayer. 3407-0-20-3i.
klilale Hcslp ‘Wanted
WANTED FOR HAMPTON School, first or second class teach- er. Supplement, first, $200.00; sec- ond. $175.00. Allan Ferguson, Sec- retary. 5440-6-22-31
WANTED - FIRST CLASS PROT- estant Teacher for Harrington School. Supplement 0140.00. Apply to Harry J. Rodd, SecretarY-
5273-8-19-31.
FIRSI‘ OR. SECOND CIASS TEA- cher wanted for Hope River School No. 90. Supplement $140.00. J. H. Simpson. Bail View. Sec- retary. 0375-8-10-30.
WANTED - TWO SECOND CLASS teachers for Stanley School. Sup- plement $175.00 each. Females preferred. R. J. Anderson, Sec- retary 0386-6-19-3].
EARN S6 T0 110 A DAY. LEARN. while earnini! ‘Dart tlmfl- MOW! mechanics, Battery. Welding, or Barbering. Good positions op"!- Write Dominion Trade Scholls, St. Lawrence Blvd. Montreal.
S. V. M. June 20-July f-lfl-Aug. l.
mce unnecessary.
Bu: s 11o.
isconc cxrsnr
‘hmllllh our special low
lue. 51a anmhmh, Halifax.
“"18. RES IGNATIONS.
lgmarvron I-‘(m ‘DISTRICT "e mutt. thb province; experi- Splendid 0p- Pmufllly to nroper man. Apply
BARBER cost
a?» Hundreds of successful duotes. Write Moler Barber
Oct. ld-tts-tf.
ETC" 5,1,“: "instant: vacancies for Pos
Miscellaneous
AIl-NI-‘ASTT. TRANSFER SERVICE. If you are building or moving to the country call 399-1..
5409-6-20-tts3i.
JOHN ALFRED McDONALD. PRO- vincial Land Surveyor. Herman- vius. 5158-6-10-1 month.
A VISIT TO OUR STORE MAY mean a big saving to you. Second Hand Store, 100 Richmond Street.
' ‘ EJSO-S-lli-ili.
THE COURT: Yes. MR. JOHNSTON: Now I want to ask. did Russell Clark-
THE COURT: Let us understand what questions you are to ask. Any questions o! that nature, I-am telling you now, I don't wish you to ask. Any further questions about what Russel Clark had to do with the Hugh Callaghan case are not going to be allowed, and I dorrt wish you to ask them.
MIR. JOHNSION: Did R0181 Clark have alw-
‘II-IE COURT: Now Mr. Johnston, I said any questions-
MZR. JOHNSTON: I am obeying your Honours ruling, if you will let me put my guestlon.
Q.-Did Russel Clark have any- thing to do with this cue of Mc- Quirks?
MIR. MCLTEILL: I oblsct to that.
MR. JOHNSTON: What is your Honourb ruling?
‘II-IE COURT: This cross-sxlur ination has been quite improper.
Q.--lvIr. Johnston): Did Russell clerk interview you with regard to thlscasmorhaveanythingtossy to you?
MR. MCNEILIJ: We object.
MR. JOHNSTON: 'I‘hst is rele- vant, surely. -
‘rim COURT: What difference would it make, even if he did?
MR. JOHNSTON: Walt until we get his answer. _
THE COURT: I hold that he is not entitled to answer. There may have been fifty people who tried to interfere with him. What differ- ence?
MR. JOHNSTON: I didn't say DEATHS
MacEtVEN-At Savage Harbor, Sunday, June 21, Mrs. R. B. Mac- Ewen, aged 07 years. Funeral not- ice later.
MaeKENZIE-At Scotchfofi, Sun- day, Juns 91st, John MsoKensis, aged 90 years. Funeral Tuesday morning to St. Bonaventure church Cardigan.
n: aquarium
In loving emery of Elisha Coffin. who passed away June 21, 1030. -
You are not forgotten dear Father, Nor shall you ever be;
Aa long as life and memory lasts We shall remember thee.
moms by u» rkmuy.
5 fi
Postal CICIPS l‘ ‘ (Jerks, 5t ‘ ' xnnmmnn ergggfillihflrl. etc.
c! School. Ltd» Toronto 10
m‘, “ct uncc
will‘ “mimo-
, ,,. - " '1 Hnlmen‘ for nlrnv hands.
m- M. O. O. Civil
M. H. W. June O-IS-IO-JZWANTED - SMALL ILA’! BOT- t0
\- ..._........_____...
"mph: mm ron om: rump-
‘lle routeq this province: sx- . no sellinl; gfijlfiiu ans collect. Should h» m v doiuu-sjwsekly. Shah-ms New ‘Iieronio.
Wanted
m boat suitable trout fishing. Advise address and pflllfl- 5°" Box m, City. saao-s-io-si.
1v. o. Macho):
untrue-Ann ursssnsn
wApfl-QQAECOND HAND POW- _
er grinder for small fox ranch: Must be in good condition. Give particulars asntot sisxlbgftmlgtoé. .M.D.Fueron, .--
m Juno 20-31.]
Charlottetown OM North Wlltlliirl
s.-r changed the information. , WHQLESALEY .- hit - - 2.2km; ....... l MERQHANTS
P"
"interfere": I said "interview." That interview may have had a very material bearing on the mer- its of this case. Let me put the question this way:
first place?
Stewart.
DsBIoIs Bron, m:
Q-Who is Russel Clark, in the A.-.I-le is l. merchant at Mount
Q-Is he a. member of the Pro- vincial Government?
MB- MCNEHJI: ‘This is 801118 too far. The Guardian reporter is here. and 11¢ Lstaking all this down. How did The Guardian man come in be here at this particular time? MR. JOHNSTON: I don't know; I didn't send for him. Q.—(Mr. Johnston): know Russel Clark? A.—-I know s. man by the, name of Russel Clark.
Q.-—Is he a member of the Pro- vincial Government?
MR. MONETLL: I object to that. ‘this witness doesn't know.
MR. JOHNSTON: How do you know? Int him answer for himself. Q-—(Mr. Johnston): Is Russel Clark a. member of ‘the Provincial Government? I think his Honour will allow you to answer that? A.—To my knowledge he is, yes. Q.—Did he go to see you about this case?
-MR. MCNEIIL: I object.
MR. JOHNSTON: All right; 1 want to put the question, though. THE COURT: Why are you put- ting the question? Is it to assist me in regard to the merits of this case, or is it lust for the publicity of it? I am interested in the case of the McGulrk information before me, and that is all
MIR. JOHNSTON: Arid I am ask- ing these questions for the purpose of getting at the merits of this case.
‘I’!!! COURT: What assistance could that be?
MR. JOHNSTON: I am not go- ing to argue, because I do not in- tend to discuss in advance what my defense is.
‘II-IE CCU-RT: (To witness). wit- ness. you need not answer that question.
Q.--(Mr. Johnston) Do you know if Russel Clark interviewed the Mlsistrate in this case?
MR. GORDON HOLMES: We are not interested in Russel Clark. Is it a question of publicity, and of dragging another man's name through the mud?
MR. JOHNSTON: It is not a matter of publicity; it is s. quea- tlon of evidence.
MR. MCNEILL: Whether Russel Clark is a member of the legisla- ture or not has nothing at all to do with it.
1W3. JOHNSTON: Russel Clark may have been there. He may have known everything about it. I want to ask if the witness knows Russel Clark.
THE COURT: He has answered that question. ‘
MR. JOHNSTON: Now I want to know if Russel Clark, to this wit- ness‘ knowledge, interviewed the Magistrate in this case.
MIR. HOLD/ES: I! Mr. Johnston persists in brinsins names into this matter I submit they should be ex- cluded from any report of the pro- ceedings until your Honour decides whether the evidence is properly admlssable or not. .
MR. JOHNSTON: Now the Coun- sel for the Crown in this case wants to have the report of the proceedings suppressed-eliminated --so the public shall not know what is going on! THE COURT: (‘Ib the newspaper reporter): w. Holmes is not actins for the Crown. REPORTER: Whom is Mr. Holmes acting for? THE COURT: Mr. Holmes is act- ing for Russel Clark. MR. JOHNSTON: Then I submit that Mr. l-Iolznes has no right to be hesrdinthiscnseat alklwasgv- in; to suggest that I have infor- mation that the father of the de- fendant in this case was instructed by the Magistrate in this case to go and see Mr. Russel Clark, and 1 an prepared to put him on the stand to establish that fact, if your Honour would like to hear the cv- idence‘.
THE COURT: Vol’? good. IQ“ JOHNSTON: But 1 Want t0 Proceed with‘ this withw first. 1f tho Magistrate instructed the fath- er of the defendant to see Mr. Clark, I submit that my questions with regard to Mr, Clark are vital to this case. Am I to bc Difmltted
DO YOU
hone I60
t0 enquire what Mr. Clark om 1h this case in view of the fact that
‘THE UHAKLUFTWiUWN GUARDIAN
of
Novelties Dancin
to put a witness on the stand who is prepared to state that the M08- istrate in this case instructed him to go and see Mr. Clark?
THE COURT: Let us get down to what we are here for. There is an information laid against the defendant McGulrk for illegal pos- session of liquor by Murdock Mac- Donald. Murdock MacDonald is giving evidence concerning that possession. What relevancy would have anything that Russel Clark might do or say, or who he‘ might interview on that matter? I1 the information had been withdrawn, if it had been changed, if it had been proceeded with in any other man- ner. there might be some reason; but the information is being pro- ceeded with as laid.
MIR. JOHNSTON: Surely the question of the jurisdiction of the Magistrate to try the case is a relevant matter. THE COURT: that question? MR. JOHNSTON: I am, and I intend -to ask that your Honour go on the witness stand to be exam- ined ln this case as a witness, by reason of what Russel Clark had to do with the matter.
THE COURT: Who is going to take my evidence?
MR. JOHNSTON: I don't know. THE COURT: I don't know eith- cr. ' MR. JOHNSTON: The practice lays it down that the Magistrate can be called as a witness in the case in which he is proceeding. ' THE COURT: That is quite true. MR. JOHNSTON: But the ques- tion now ls whether or not we have a right to question this witness, in view of the fact that Mr. McGulrk is prepared to go on the stand and state that the Magistrate in this case instructed him to go and see Mr. Russel Clark. Before we go on with the case I submit that Mr. Clark's evidence also ls very mater- lal.
‘THE COURT: If. Mr. Johnston, there Iiad been any change or var-
Are you raising
OPENING
BEACH GROVE INN
Gyro I Club Summer Dances Monday, June 22nd
Tickets: $1.00 each
@IT’S A GYRO DANCE l
the
Refreshments g from 9.30 to 2
MONEY SAVING SPECIALS
PAGE THREE
51-00 Size Coty’s Perfume
No. 2 HAWK-EYE CAMERAS
4 Colors _
98c
ENGS
£11.22: saws 59¢ s 39c 39g
. trying to get the case settled. l Q.-Where did you Iind that he‘ was running around with Russel Clark, trying to get the case set-* tied? ‘
A.--Well, I can't tell you. v
Q.-Was it Russel Clark who told you?
A.~No. [don't think so. I just heard it talked of. I can't tell you even the plBCg I heard“ it, or who I heard lt with.
After further cross-examination Joseph McPhee, Provincial Police sergeant, was called by the Crown and examined by Mr. McNeill. He corroborated the previous witness’ statement as to the circumstances of the pursuit of the defendant and the seizure of the liquor.
Cross examined by Mr. Johnston:
Q.-—Were you going down for Callaghan that night?
A.--I can't say that we were.
Q.—-You picked up Callaghan?
Ar-Yes.
Q-——Can you tell me if Callaghan was arrested? Do you know?
(No answer).
Q.——D0 you?
A.--I might have an idea, yes.
Q-Was he arrested or not?
A.—Has that got anything to do with this case? ,
MR. MCNIEIIIL: What has that got to do with it? It is another case altogether.
MR. JOHNSTON: It seems to be getting to be the practice in this Court that cross examination h the very same as direct examination. That is not the practice in any oth- er Court.
‘II-IE COURT: Even cross exam- ination ls limited to matters that are in issue.
MR. JOHNSTON: I submit that cross examination is not limited to nmticrs in issue.
THE COURT: Anything that this witness might say about Callaghan being arrested has nothing to do with this case. .
MR. JOHNSTON: I admit it, but
relevant.
lation in the laying of the informa- tion, that would be quite in order; but the information was laid in the proper way.
MR. JOHNSTON: I submit that it is not a. question of variation in the information, but of the Juris- diction of the Court.
1m: corner: All this evidence is ruled out.
MR. JOHNSTON: We are not to be permitted, then, to raise the question of jurisdiction by showing that a certain member of the Pro- vincial Government interviewed the Magistrate as well as the prose- cutor in this case?
MR. HOLMES: We never saw such a thing in our life as all this. MR. JOHNSTON: 1 _ submit again that Mr. Holmes has no right to be heard in this case if he is not representing the Crown.
Q-(Mr. Johnston) Did you have a conversation with John McGulrk about this case?
A.-Since it happened?
Q.-Yes.
A.-I believe I had a little con- versation.
Qh-Moro than once?
A.-No sir.
Q.—Where was that? .
A.-Out in front of the Provin- cial Building, on the sldewcfik.
Q.-On the Square?
A.—Yes.
Qh-Did. you tell John McGulrk that he was running around with Russel Clark, trying to get this matter fixed up?
A.—I don't know.
Q-On your oath?
A-Yes, I know I am on my oath. l Q.—-Then why are you hesitatlng?
lL-Well, I am trying to think whether I did or not. We had a lit- tle argument that day.
Q-Your memory is fairly good?
A.—-Yes. but I don't remember every word.
portant statement, wouldnt it? A.--I believe I did say thing to that effect. name? A.--I believe I did. around with Russel Clark?
Q1101‘.
Iamproparednomatthismoment
Q.-That would be rather an im- w mink over my questions before l some- Q.-You mentioned Russel Clerks ILL-What did you mean by say~ lng to him that he wu running
A.—Well- he claimed his son was not guilty. that he hadn't the li-
Q.--Is that why you said he was running around with Russel Clark? A.-I askz-Ll him why was he run- ning around with Russel Clark.
THE courvr; who: is the ho- vantage of it?
credibility of the witness for the (Groom. '
ls what he did. MR JOHNSTON:
whether this man was arrested or not
matter of fact, it is a, matter of law. MR. JOHNSTON: It might be 8
the question: Was Callaghan ar- rested than night? MR. MacNEILL: I object. WITNESS: I will answer any question relating to this case. ' MR. JOl-IIISTON: You are 88l- ting cocky now, are you? It ls not a. bit of wonder that witnesses reply in that way when they get the 11b- erty and the encouragement i0 d0 so. 1 will ask the question again and I will ask the Court lo instruct this witness whether or not he shall an- swer. THE count‘: I have already ruled that it is not material. MR. JOHNSTON: Then you rulc against it? THE COURT: I d0. Q-(Mr. Johnston): Have you seen Mr. Russel Clark about that case? A-No sir. Q-You answered that: that is good. The others were not answer- ed. A—Anythlng relating to the case. Q—But you answered that prompt 1y. THE COURT: D0n‘t argue With the witness, Mr. Johnston. Have you any other questions?
IVIR. JOHNSTON: I may have.
THE COURT: Then proceed.
MR. JOHNSTON: I have a. right
ask them.
THE COURT: You have the right to think over them but you have no right to converse with the wit» ness and comment on his answers-
MR. JOHNSTON: I cannc: exam- ine the witness without oonversinz with him.
'I‘HE COURT: Are you going ahead to examine the witness? l have put up with you long enoush this morning and I am not. 30in! to waste any more time.
Now rs rm: TIME T0 use
FLIT
8 oz. size ,_ 45c
16 ,,,,_ ma“ 65c Phillip-l;
Milk 0!
Ironlzcd Mums“ Yeast
98c 39¢
ROS ~01? UG-T-UNITED
SUCCESSOR. TO
The MacKinnon Drug Co.
first witness was Russel Clark. Witness‘ name was called three times.
THE COURT; Russel Clark is not mcscnt.
MR. JOHINSTON: I understand there ivas a subpoena served on him by Mr. Affleck, the constable at Mount Stewart. I can prove that he admitted the service. I will call John McGulrk to the stand. THE COURT: Did he serve it? MR. JOHNSTON: No, but he saw Mr. Clark about it. Mr. Clark ad- mitted that he got it.
THE COURT: Is that sufficient? MR. JOHNSTON: In any event your Honor knows that a subpoena was ilSiiCd for end your Honour ls- suecl it.
THE COURT: I many subpoenas. MR. MacNEILL: I don't want to cast any reflection on Mr, John- ston's issuance but he would be the first to call the. uttentlon of the Court to a delinquency on my part of it was the other way about, and I submit that he must produce the man who served the subprena. _ MR. JOHNSTON: Then I would ask for an adjournment. In the meantime I purpose to give your Honor some evidence that the sub- prena has reached Mr. Clark, I will call John McGulrk,
MR. lifacNEliLh: I submit that he shouldn't 5Q SQJQYYL
THE COURT: My impression is that there is just one way of prov- ing a subpoena.
MR. JOHNSTON: I want to prove the service of the subpoena by Mr. McGulrk," that is my intention. THE COURT: The Criminal Code
issue a good
cross examination has not to be lflys down!
671. If it appears to the Justice that any Dex-son being or residing within the Province is likely ‘to give
MR- JOHNEFTONI T° lest the material evidence either by prose-
cution or for the accused on such enquiry ho may issue a summons
MR‘ M EI-LL. t_ under his hand, requiring such por- 1 1 ‘will t 12in is a’ qufsw son ti) appear before him at s. time ‘m m‘ aw’ he ° c” ca" 5 a and place mentioned therein to give evidence respecting the charge, I am asking and to bring with him any docu- me wgtness’ 55 a quesuon o; m“, rncnts in his possession or' under his control relating thereto.
672. EVCfy such summons shall
MR- Mfl-cNElTl-L; That l5 not a be served by n constable‘ or other
peace officer upon the person to whom it is dlvuriuti either person- ally, or, ii such person cannot Cull-
vcilirntly be met with, by leaving it matter of law whether he was le- rm, mm M,’ his ‘as, 0,. most usual
gully arrested or not. I am putting place of abode with some lnmntc[
thereof apparently not under six- teen years of age.
673. If anyone to whom such last mentioned summons is diroctcd (i005 not appear at zmy limr and D1099 appointed thereby, and no just ck- cnso is offered for such non-HP" pcaranco, then after proof U170“ oath that such summons has been served as aforesaid, c1‘ that the per- son i0 whom the silmlnons is dWCCF ed l5 keeping out of the iviil‘ T-O avoid service, the justice DCYOFC whom such pcrsan oil's!" l0 m“ appeared. if sallsllvd hi‘ W005 m‘ oath that such locfsoll is lllitll‘ m give mntc-rinl oviclcnvo. may 11*“? a xvnrrnm under his hand l0 brllial such laorsou at a illuc 011d lll-"W" t" be therein mcnuoucil larlou- llllll fl!‘ any other justice in 011101‘ l0 105d‘ fy as aforementioned.
THE COURT: Unless your witness is a constable or u p011": ‘YIYWFV his evidence will not more ihe SP1‘- vice of the subpoena. _ MR. JOHNSTON: But the ult- ness can shov: that this subpoena has been served on Mr. Clark.
The Store
Phone 219
THE COURT: You. will have to show me your authority for that.
MR. JOHNSTON: Surely, you do not ‘want authority for my calling a. witness 1o prove that Mr. Clark was served "with a subpoena?
THE COURT: Yes, I do.
MiR. JOHNSTON: I cannot give you any ailihority, it is so well known. If Ml‘. Clark does not ap- pear we have gOt to show that he was scrvcd with the subpoena. I intend to do that with this witness.
THE COURT: I suggest that the practice lays down the procedure. A constable or police officer serves him. If he docs not appear, and after proof or oath that such sum- mons has been served “as afore- said," a, warrant may be issued.
MR. JOHNSTON: I want to get Mr. Clark here, your Honour, as he is a. material witness for the cic- fense. I am prepared lo show that the subpoena reached him and that he has not appeared here. 1 a-sk either for a warrant or for an ad.- journment, one or the other.
MR. HOLMES: He has no right to make these statements unless he can prove that Mr. Clark was sub- poenaed.
MR. JOHNSTON: That is what I want to do. Again I must protest to your Honour that Mr. Holmes has no standing in this Court. Ha has no right to be heard—though of course you cannot suppress him. That would be impossible.
MR. MacNEILL: I submit that Counsel is not entitled to on ad- journment. He should have the constable here who served that: subpoena to prove the service if the man does not show up. There 1s no evidence of any kind in the cross examination that Mr. Clark ivas present or had anything to do with the liquor.
MIR. JOHNSTON: I am not svm~ posed to make out any such claim.
MR. MacNELL: The defense has laid no ground for granting any adjournment. I
MR. JOHNSTON: The subpoena was issued by l-lls Honour. Mr. Clark has discbeyed the subpoena, I have offered to prove that he got the subpoena.
CHIEF INSPECTOR HAYWOOD: There is no such evidence.
MR. JOHNSTON: The evidence was not admitted. that as. wiry’.
THE COURT: We are at ills stage, whether there should be an adjournment or not.
MR. JOHNSTON: Perhaps he will come in without a. warrant. 0i course, I don't want to issue s. war- rant ngaint a member 0f the Ex- ccutivc if it is not necessary; bu! he has even less right to disobey a subpoena of this Court than an- other person.
THE COURT: That is a fflalwl that will have to l1:- tukcn up, 0t course. No vvwtncss has a right i0 dlsobfy a subpoena.
0014.. JOHNSTON: There should ‘be no excuse. Tins Court ought to be cnxious to find out ivhctlicr lie did or ‘not; wlictilci" he can trcali the Cozlrt '\\l‘.ll contempt. I submit it ls important that the defendant, should be given the opportunltvy o! submitting his lull delcnsfl. and. ,ihs.i file v-"ltnrss Rilsrci Clark 151113- icrinl to his case.
The Court adjourned the FIFO‘ ccdlngs until Tilosday, June 23, a-l 0 ‘.\.i\l.
suioius or
Supreme Knight. Ma 5 o'clock P. M. on Mon
Members may secure th
MR. JOHNSTON: All right. The case for the
“61-5-18-4:
Crown belnfll -- closed. Mr. Johnston stated that his
COLUMBUS
xiii
rtin H. CZiTlTlOdy, will visit
this Province arriving at Charlottetown Monday, June 22nd. He will meet all the members of the Order at the Home, Queen Sh, Charlottetown, at
day. All nwembers of the
three Councils are requested to attend. A ompiimentary banquet will be tendered him at the Can- Nat. Hotel at 7 P. M. same evenmg.
eir tickets at Reddin Bros.
and Victor (Doyle's Drug stores.
P. A. MCLELLAN. State Deputy.
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