» _ . . ~___ _‘-___JUARY 1 .9- “ DANEand- GEORGE 1N‘ “BROTHERL Y LOVE” n» w» M- -

"BOOKIES" In. thblr greategt ALSO HAL _.R(_)ACH COMEDY’ RIOT AND ORCHESTRA

‘Prilléq Elwcd ‘TONIGHT villi EDWARDS

PLAYERS

. Mal. w"".."s..tj L164. a‘ I ~Night a mew-sac, m,‘

I _ "MD-DAY l

J. as.

laugh hit. . ~

.. e - ».--~+ A.-

‘y , y -_ ~ . . . A _. g q _ . _ y futon": a‘ 1m

Q l 1 A v " ‘ ‘ l i 3 f Y _. " . , ' , . R ‘i’ '"”l“-d-ll'¢-.

Ysliilrc - dean's ‘ ' ~ * - VAUDEVILLE, -_ ,

NOVELTYL

ORCHESTRA jfurwq

TONIGHT

~' THE YOUNGER GENERATION "

of Today's

l-Ixcitlng ' Story

"flaming Youth” .--1 '~.‘a==='.v.; - -. . TOMORROW“ FIREMENS NIGHT "THE LOVE THIEF"

“Bl your tickets from Fire-

lflflll 110W’

Central Guardian“

v “Q7155 BEEF and Cabbage at Green . ..I1L'.I'll Cafe, every _ _ 4011

{USER/LL NOTICE-The Iunefgl .:; the lute Francis 0.13am; leave; m; hul- residence. 50 Wfiter Street, at 1-“ twlmv w:- servlee in s2. Paul's (‘lmrch m 2 o'clock,

IUNERAL Noncu-"Tne funeral n1 mo into Ali's. Sophia Boyle, wmch W“ W Wimlfl Xfifiterday afternoon um! was pnsipohed, W111 b9 ham “m, '11 r - won from her late residence 104 !!.l1;.'l0!‘0 Street. service starting at.

1.30.

A SPECIAL demonstration of the "Nexus-Flex" Foundation 6114-1115113 will be conducted in the Corset; De- uurzmcnt, January 18th and 19th, un-

ne supervislcn of a trained our-

‘ are": from New York, Whi) will wldly 1101p you 1n. the select-ion of a. mundafioli Garment suited to your wquircnmnts. Moore 8c McLeod, Ltd. 4009

_ A BPECIALLY Mamet! corsemerc Irom the Nemo ~Hyger1ic Institute, N:w Xcrk, will be in attendance in. the Corset. Depaltment. on January lath and 19th. She will gladly M- vizc you in securing the proper type m‘ “NcmO-Flex" Foundation Garment ::1- your figure; Moore 8: McLeod, Li-tl. , 1- l ~ 4009 I.“ ---__--.__-... <21 PERSONALS Mr = Williupr MBCLGBII, who ‘has men 6n o. very pudsant visit to Bt. Jclimzund Toronto. has returned to hr: hcme in Northam. ‘i.

Mrs. W. E. Agnew of Barrie, Ont, daugllter of the late Mrs. D. C. Mor- Mlll. or, Cardigan, was expected Mme

‘lust- gm. She is eooomnpn-nied by 1102' rother-in-law, Mr, 060789 Ag- muavqyvlio is eu mime from ‘Iloronbo.

Mrs; Albert Taylor and-Master Bil-

11c Qptrtilsa, Oklahoma, who have ,

1mm yislting in the city the past u-uek. the guesisof Mr. and 161's. W. P. Duull-J ielltbfffrétmm yesterday 111841108. -“

James Q. Dlinon has mtumcd 1o Little Sands from Qunford, Conn. after an absenomof six years, hav- ing been culled homo owing ti: U16 serials illness of lbs father, Mr. Mil- burn Dixon, who is at present a PH!- an: in me P. E. I. Hospital.

M1‘. Pviston Frqeer ‘M10 I02‘ $110 unfit, Inonth hog-flan 1o patient in L110 P. E. ‘ with tfidrllbd $0 his home,

. v “in Mrs. , m Muoflac o! Point Prim vmo been a. patient. in the Prince Edward-inland l-foapltll for the past six weeks, has w lfl-f 1'9‘ covered as m be ubie mo return Mm!!-

Isléicziihg-‘Boxer _ '. .1‘!!! air; 3081011

m. 1mm '

>0

vim iianitérly mama Edvard n-

laful, who zmderwlat 1H

lib

moved to magma llc is ‘a likqlydobkini- mg in the

1s 5 flzet 11»,

many: '

552*; c sill.

19,. . w‘ " l ,.

ammo’: "fisllfc

STARRING

_ r

Distinguished l

Continued from page 1

later entering King’ Q 1 _ 5g. N. _s. At mu fimufifil he wbn the Wels-

thc subieczs studied the um m) ‘mm "he hiilhest number of marks by whim it. had ever been token. In

l” "he Wlwlc body of smdents and in the fourth term led higyea; in responsions. At. the end of his seci ‘ and Year he went to Edinburgh Uni? ‘WNW 10a" o year in Arts and clog; aim. He than spent a. year in 1.1m, dim. with the famous/nutm- Walter, WW1. after which he returned home. He took his Bachelor 0f Arts de-' kree in Windsor Ln 1874, Bachelor of Civil Law in-1876 and Doctor of Civil Law in 1897, all in due course. Judge Warburton began the study of La-w vrit-h the late Sir Louls H. Davies, subsequently Chief Justice of the Supreme Court. of Canada. He also studied during his attorney's year with M. G. Baugh Allan, of the Inner Temple, London, a. noted spe- cial pleader. He was admitted to the Prince Edward Island Bar bn July 6th, 1878, and b99811 the practice of his pro- fession in Charlottetown, at. first alonejbut later in partnership with the ia-te Huncis Conroy. After- wé-tds he was associated with the late C. R. Smnllwuod, later with the late Hon. D. A. McKinnon, ex-Lieu-v tenant Gbvmwr and subsequently with Mr. D. Edgar Show.

Political Career

Judge Warburvon when a, young man began to tiake an interm and active pan in political matters, and upon hi8 return fuom his studlm in Londzn, was appointed Secretory of the Liberal Asociaition flor Queen's County. In 1890 he ran his first election, being-a. provincial candi- date for the First metric: of Queens. In this election he was defeated, but.- was rationed in the following year, m: a bye-election for the some (1181 trict. In the general elections" ,of f$93 and 1897, he was Iva-elected and in the latcu- year. on the resignation of Ibhc late Han. Fred Peters, he was called upon to form a. government, which he did, becoming Premier o1‘ the Province. In 1898, he was ap- pointed Judge of the County Court of King's Crnmty, which position he

which was held on November 31rd. 1904, and in which he and his 00l-

ware defeated. n1 190a i.» w a. candidate for the county with

e

ocemor to the 1M0 Jlldée 5W4?"

aacDonnld, and held um position mt the tinue of his depth;

At Ottawa

wmu a. member of up Home 9f‘ Csmnmm, ‘the late Judge Wubm" ton was Chairman-of the Commit.- te; of Public Accounts for oral perms. He was a. delbtMfi u! "l" confemuca in wnneotion with the remeuentetion of the Maritime Pro- vinces in Parliament beld in St. Jbhn m m0.- In June 1911 he was obstr- mmnaf mpreemwtives of "H.301!" of Commons at ‘the coumiat-lon- 9‘ wag Vpxvcented m: Their M5199“

""1;"l"fi."'§@°°l"=“-7ui~i¥ “freer-r”- Mm of the mm puma Island

proving the appearance

ting ' of tzhc Island's capital Ilhia move- ment was wnled to a successful issue. The trees now adorning Queen ' Square and Rochford Square were Dlufllfid. the BRMHM in the former were yield out, nndin the whole city geflolghz hundred trues Wm plant- The -‘

and omcebeamof BC.

"Paul's Amlilcan Ghumh, Otter-hom-

tiown, and nor many years a delegate totilwvaidotuflynodshfleweaafor- mer governm- of Kim's College, Wind- sor, N. S. ‘

m” soi..i..t

Noted as a. frequent. contributor to newspapers and leading periodicals ctlwnwundobroadonvurioussub-

from its discovery in 1534 until the deparrture of Governor Reedy in 1831. Had his health pelmltwd, no doubt. he would» have continued ht 111mm? uptoalatcrperiodJnrtaeitjgtt is a. very valuable addition b0 Cuna- dlan literature. ‘

Judge Warburton was vwloe mil‘- ried, first to Helen Davies, dsmhter 0i the late Hon. Daniel Davies, 8nd five years after her death to Isabelle C. Llmgworbh, daughter of the 1M9 Hon. J. nongvlcrth who u lef/t w mourn together with three 60118111818. Mrs. J. Holroyd in Waterloo Park. Alberta, Mrs. Bates wife of Rev. A. F. Bates of lllrederlctnn, N. 15., and MlsOlga Was-button, Assistant 8UP- erin/tlendmt, of Faulkener Hospital. JamaicmPlalns, Mass.

. One brother, Dr. George Warbur-

, , 0., one sister, Mrs. R. B. Stewart 0f Stfabbfllltnfll’. P. .117. I., also survive.

The tbllowlng brothers and claim! "predeceased him: Mrs. John Clark. of Albsrwn, Richard Warburtou who mat. his death on the mscmipul River, C01. William Warrbumon. M111 acting Bmgeon General in India B1141 aupermtcndem o1 the Royal Infirm- pry in Edinburgh, Scotland, and Dr. Jumps Warburtlan. IOTIM? M9801‘ M Cluirlotiewwn. '

"ro the bereaved‘ relatives The Guardian exte * its deevwt Wm- Wlhy- l

i RQLANDAHERQN _ Oontinifim bake!

11c services. "I feel sure." said ‘Hi8 Inrdship, "that wherever his 118111018 known cuppa nothing but feel- ings of regret," undworda of praise for blssplcndlflllllblk rcwrfl-

Mr. Justiul-laszard. recollected a sack in which he and the late Judge Warburbon had collaborated-namely Lhe publication of twovnlumee of the reports of the Supreme Com. Thoy are today the only rwords that we have of certain periods in Lbelslandb judicial History. Judge Warburton. be

, said, had always uflfwemoet 1n literary, historical and

judicial research in this province.

- Hie lose today is u great. one; but like many more of us he had nearly arrived at the allotted time. and while he has discharged his, duties

~fa.ithfu1ly, he ban been a. lufforer

from illness for some years.g__ Mr. Justice Arsenault oopldooly ro-echo cvery word that had been

I . said by his colleagues of the bench - and bu.

m am case cflled wad that.‘ of the King vs. Roland Heron for shop

i hooking and larceny. u was heard

before Mr. Justice HaAZArcLJnd tho

following Jury: -

George Wheatley, fox-omen ' ' James Andrews __ ' _

" -- John McKenzie

Nelson .o=m»wr l,

v l‘. James Stewart

Louis L. McMahon ‘William mum WlIlh-m McKinley.

2 The prisoner. who on his arr-cling-

ment had pleaded "not guilty" is xérvgasentcd by Mr. A. A. Mucldcn,’ The Orowdwas representedfby Mr. A. d. Saunders, K.C., Attorney Obn- i. and Mr. Clare Com

EEFQ. mm QJIREAIREZU"

December am, 1m, which was agSat- urday, he had left his warehouse at 6.80 p. m.‘ He found that the lopk was sprung shut and, as ~he had left his keys at‘ home he tied the door up with a rope. .At about. 8.30 he re- turned tn hia warehouse, driving his car uplcloee to the door. The lights of the car showed the rope that he had falteued the door with was un- tied. He attempted to open the door, but it wouldn't open very fer. Wit- neea than looked behind it. and saw n moxrthere. He asked the men "what he was doing there, but. re- ceived no neply. ‘rhey grappled. Wit»- uess tripped the mun in from. of tho car light; saw who he was, and was able positively to identify him us RolendJ-Ieron. the prisoner in the dock Jwimeu then described bow the. prisoner was dressed. Clothing was produced. and he stated it was simllurgnmthotnworu by the culprit on the night oI~-t.l_1e~ occurrence. Witness then called-the police station, and Sgt. Allan Maclnnis came. 0n ex- amining the warehouse, it was found that chickens and fowl had been tak- en from twpof the barrels. He was hhenbble to identify the man cap- tumed-a liqtle later by Officer Bigger as the oruqpe bad found in his ware-

Sergeant Maelnnis (examined by Mr. Campbell) told of having ans- wered a ‘phone call on the evening of Dec. 8th, ‘about 8.40. He went to Jenkigs’ warehouse on Grafton Bl... and bold of seeinggtwo barrels of chickens and fowl not full. After further ~ examination and search. mode irfconjunction with the Chief of Police "end Omcers Higgins uncl Bigger, he returned to Jenkins’ ware- house, byway of the Grafton Street gangway (there was also one leading out. onto Kent Street, so that by the two ‘gangways o team could be taken right "through from Grafton» to Kent). ‘Witness; lo going through the slleiywuy to Kent. Street. saw a. mm coming in oil‘ Kent. Suieet. When 20 ft. dtsnunt. be threw some- thing ofl his right shoulder, which witness took t0 be his coat. He still came forward towards witness. who spoke to him. He was the prisoner, Roland Jferon. Witness asked him what hows-s doing there. the man repliedhe hodgomd to ease himself. Wimess picked up the object the man had let fall and found it. was a containing three fowl. (Bag containing fowl was produced and identified; and the fowl were also id- entified). When he had picked up the beg, he celled to the prlsoncf. saying “Roland, you had better come with ma.” But Heron kept on going towards Grafton Street, and didfinot come. ' ‘I "v ‘ '

Police Constable Bigger told of er- restixig Heron on Kent Street. after chasing him through the two gang- ways‘ from a point. ca: Grafton Screen. "lie was‘ eligb 1y intoxicated at the time, but was not. incapable. He also identified the ‘dress which the prisoner was wearing at the time.

‘nus cioeod the case for the Crown. "Mr. A. A. Mloheun opened the case for the defence. He contended that there washer evidence m show that Heron had broken into the lmllding oretolen the f0w1._ He was merely found inside the warehouse.

The first evidence on behalf .of the -

defence was Robert F. Acorn. who Lzstlflcd thathe had been. overseas with the prisoner. in the some Bat- talion. Mr. Madman as witness as to prisoncfsrcputation ind chur-

~acter 4n the..nrmy.-. Mr. Seundes

objected and His Lordship overruled Llw question.

Inland Heron, the 10618011. nut. mum omhis own behalf. He was

$§E$..“‘l£§'-‘&"Z¢Efi l?‘ ' BI?

of 16, and was overseas for more

than two years. Behbdbeen wouudj» - - ‘ edtwlcelnthehetdhndonceiu the-

elde with pl‘; tfllohebsd been Iliad. Th‘, ' dbbtbed. had affect- edhie lung's. Morbovlr, the wounds

in his head- bid affected his meqn- , cry. He hsd nay ‘- leer memory‘ 8th-except .

of the night. of" that he woke up iii tho police Station. Li: mo recollection‘)?!- .1 a" pm», Mr. ’

fowl He dld ScNMht‘ 1146111111.

lawn.

yritpe statedvthat ltezremflmber- ed having tee ‘at about 5 ofclock at.‘ home "tbiit evening. lie had been drinking” that day-in fact "hebiui

~been on one continuous dmnk ever

since Monday. He slept ome Mon- day night-in fact, every night that. week. Asked cs to howflmuch drink be took he did not answer very def- initely. ‘He said he diillnot buy it; there woe always lots iiifoumi. The drinks were given him by strungers.

Witness did norremember having any chicken, nor dropping e. bag from his shoulder. If he had chicken, he did not imiember awhere he gut ' it. Nor did he renmmber-‘Mr. Jenkins knocking him down, or‘ being chosen and arrested by Police Ofllcer Big- gar. , 1

I-le did not remember being down to his sister's house that. evening, noi- leaving any poultry there. . 1n short. he remembered nothing at all about it. 1t was possible ‘he mlghtflhavo been there, but. he bud no ‘ recollec- tion-at all of it , -

He admitted that he had bee convicted eight years ago of theft (for stealing ya suit of clothes) of be- . ing convicted three time: under the prohibition act. and of being con- victed of drunkenness once or twice.

Re-ezcamined byivfr. Machepzx, wit- ness said that be had made‘ "e little home brew" which was. why he was convicted of breaches of the prohibi- tion act.

Mr. MuLean then addressed the Jury on behalf of the defencc. He contended that 1n order to fasten a. crime on anyone it mustbc proved that there was an untentioxrto commit it. 1i‘ he was so drunk as to be unable to form an intent, there is no crime. Whether or no he was so drunk as to be unable to form an intent, the law lays down, is to be decided by the

Jury-

Hc claimed that all the actions of the accused on the night of the al- leged robbery-his returning to the place when he mulltfhuvc known, in his sane senses, that there were policemen abaut-P-eliovwtlmf he was not. accountable-An" his actions. As to convictions fox-home brew-well. if every min who mule ltome brew was convicted. thir-‘jflls would all be filled. Those whlfiget‘ sent to Juli for this are not; wealthy men. Watch the papers and yolflwfllsee that. it is men such as this-"hmem of thelebor- ing clmq-Jlhowirb éeht w‘ Jail for

making iiome brew. ‘This mun wen‘.

over t/cFranoe and w» gassed. He ncverfshould mvev-wken- u. drink, but he did-so and 10st his senses, and he is not accountable» '

' Counsel once more euiphcslzed that

' uié evidence hemmed brought for-

‘werztto mow tbatHie had broken 1n- tmthe warehouse, “on that he bud taken anything. Mr. Macbeen strong- ly impressed on me-‘iury that in or- der to constitute a crime there

‘ mllfi bb infthflolifrxfilb rend 8n e!-

trut‘fiom'-L0rd_Btrkenhe8d 6n this point. He contended that. the accur- ed wls drunk at thotime. and hence incapable of fomdng ‘an inane. :

Thu Attorney flnnenf. Midi-easing the jury for thdurown, flrot. took is- cue with thb= coutentioirof the cle- fenoe that wu u de- fence against crimu; H: referred to this as a childish defence. If this were allowed, itnwould‘ be a very simple thing for ~my~mnn who hld committed o-u-imnio get. ofl- by coy- ingbewasdrunkatthetlme, and mm no recollection of it.

He thenenviewed-Llm evidence in

the (use. claiming that it. showed l}

that. at the time of the occurrence,

_ Heron was well. com of whet he 4

war doing. and that he had been’

caught red handed. Mr. Jenkins told. 1

Officer Biggur, ‘when they first new;

tghgst before Bigghuzdguvo»

c :' '5" ‘ -~ t

cumé with." ‘ u? r. Justice ‘ll -

th , ‘° 1.2.3‘? "i

‘or fur

"twill? A ":21:

Eur :2 good time! Dix laughs! Dix action! Dix Love! With the brave and beautiful Ruth Elder, the daring girl flyer. Yoiril laugh! You'll thrill! You'll love this lov- lng pair! ' '

ORCHESTRA; "

.3111!

doesn't. deny tho theft; all he can

say is that he doesxrt remember. If this were m be accepted as a good

THE“ MARKETS OTTAWA, - amT-(nsus) —Egg m»

excuse 1n every criminal trial. Just- pflcea a to have

ice would become very dimcultftu b

administer.

There u no doubt that he was to u, “Mm” 9mm" "°“° “l "Wm

eqrtain extent the worse for liquor. The question is, is drunkenness de- fence? Drunkenness, in its ordinary " sense is not a defence; but if a man

were absolutely imbecile. or cmzyp

with drink. u might avail n o5 m?“

defence.‘

Jealem forums-sided

y, ..; TORONTO-Ute local Slims-tho is - .

being littlemoreeteady. ncmqfo quoting country ship-

remzrned, 1 vets 82 -

But if a man is simply intoxicated,’ was, m”; mum m“ em

and goes into n. warehouse. and steals

property and than could get off wilting"? gm, pullet s1-

it, it would be a very sorry stale of things for the country.

I HLs Lordship‘ then proceeded to quote from the law on the subject,

which showed that only insanity pro-Eu .duced by drunkenness could avail. In

true 32 1o 35. eggs an sell- ink on. extras 39o; firsts 85c; cec-

28 ‘to S00, -

ends . WLNNIPEG-Egg receipts more eon-

nue heavy and them has been a

flbu case. however, there was bums," decline m prmwuuwmum

penswhicharenowexttmebflto

;question of insanity. Drunkennessqqc; first‘, 35 m 37c; seconds 2'1 w

peat. the presumption that the man ‘

evidence before that. there was any such intoxication d.

ed u» hixxrso conclusive that the ac- lcuaed was the

siblo doubt. " ' ' "u

cause his being at the front.

Every possible praise and credit is due to those. who have been at the front and borne the. burden and heat. of. the day. But. it scents an extracrdlnuxy thing that he did ‘no get. recompense for the injuries he received. In any case the good the‘ he did while at the front. could no‘ stand as a. justification for illegal l acts done after his return. and should ' not receive any consideration what.-

hfl “my have committed. In conclu- sion. the prisoner is entitled to the benefit of every reasonable doubt. Bu! it must‘. be a reasonable doubt. anti - not. an imaginary doubt. The jury then retired. After having been out one hour and * ten minutes they returned, with a verdict, of "Guilty, with a . detion to mercy.” _

wmubn awn or 4x2 mill! ‘of Our Forests Involv

vlScrilmlDl-hrer-foPl-oe- "'1" p

Our forests are disappearing at e rate t involves meet serious dang- er u» t future prosperity ‘of-our wuntry Little or not-hing that counts l5 bel done about it. '

Out f 822.000.0011 acres-of vlrgil forest. y about. one-eighthremoinr‘ B81! that eighth, rough . is held by the Govern

t 1p being cut and burned wit speed. ‘And there t newbei‘

_ steadily wordein ‘Antenna, and fire In absolutely ‘lndbpennoble. axe carelessly used u the mother of Meat firs. 1m an Ind our grommet danger. U .wntrolled there can cf the

man who committed made in Canadian gmin today lam crime that u was open w noypoa- was decidedly dull owing to bhe ms