: F i

“waited to serve him personally t'll his re-

+ ee

Tue Dairy EXAMINER

OCTOBER 20, 1882.

Robertson’a Petition against Sheriff McCormack.

Dr.

Jup@meNny was given to-day in the King’s County Election case in the matter of the petition of Dr. Robertsou against Sheriff McCormack. Judge Hensley dismissed Dr. Robertson's peti- tion avd ordered it to be quashed with costs. Mr. E. J. Hodgson appeared fo: Sheriff McCormack, and Mr. F, Peter: for Dr. Robertson.

Crushed again! The Doctor’s tate would be a titting moral to the fable of the boy who grasped at too much and lost all.

—_—o— »

King’s County Election Petition.

article on the Dodge, with Dr. Robert-

The Patriot has an Kings County Election reference to the couduect of son alias the Artful Dodger.

** How did the writer,’”’ says our con temporary, ** know what Dr. Robertsou and his solicitor wished ? He cannot read men’s hearts; all that he had to form his opinion upon was their acts.”

This is true. Every word of it is true. We do not pretend to pos-ess the power of reading men’s hearts, least of all Dr. Robertson's heart. Audit is upon the acts of the Artful Dodger aud his soli- citor alone that we formed our opiuion.

Dr. Robertson’s own affidavit, on file in the Prethonotary’s office, on the face of it shows quite sufficient evidence to justify our opiuvion

Alter relating the delivery of the Peti- tion to Mr. McDonald’s servant man, Dr. Robertson proceeds to say :—

“5. That the said Augustus Colin Me- Donald did net return from Charlottetown till some two or three days after [ had so left the copy petition for him, and | was afraid if I followed him to Charlottetown to serve him, I would miss him, and that if J]

turn, that the time for service would elapse and that [ would not be able to serve him at all.”

This tells the whole stery. If the service on the servant man was good, why did Dr. Robertson want to follow Mr. McDonald to Charlottetown? What made him “afraid” that he wonld miss him? If this anxiety, this fear that he might not be able to serve Mr. McDon- ald personally had come upon him Jefore he delivered the petition, then We, can understaud how it came to pass that. he then gave the document to the seryant mao as the best thing he could do. The truth is the Artful Dodger knew that the delivery to the servant map was no service, hence his ‘fear’ of **missing”’ Mr. McDonald and his anxiety to **serve him personally,”

The Patriot tells us that Dr. Robert- son's “mistake”(?) ‘was a very natural one. ‘To leave a legal document at a man’s place of business or at his resi- dence is in most cases a legal service.” This is utter unmitigated nonsense as the Editor of the Patriot and Dr. Robert- son will discover if they will but consult the least intelligent County Court Bailiff to be found in the Province.

Mr. Davies does not help bis client much. He tells us that “ that the Pe- tition had been returned to my office, with a memorandum of service of copy upon A C. MeDonaid endorsed upon it.” This certificate is in the followi.ig words : ** Served on A. C. McDonald, Esq , 30th August, 1852, between seven and eight o'clock, p. m.—J. E. Robert- son,” and is endorsed on the Petition in Dr. Robertson’s own handwriting. The certificate is false—false from begiunivg to end, In order to keep up the mis- erabie sham of this mock service it was necessary to make it appear that his soli- citor had been misled and Dr. Robertson did not shrink from this meanness.

When the Patriot talks about Mr Me Donald attempting ** to gain a seat iu the House of Commons,” it is difficult to uoderstand what it means. Mr. Me- Denald bas “ attempted” nothing. He has filed ao petition ; he has appealed to no tribunal. His attitude is simply pas- sive—watching witn an amused com- placency the awkward bungling of his learced opponent. But of this we are very certaif, that, when he does act, the result wil! be much more effective than the miserable fiasco over which Messrs. Davies and Robertson are now shedding crocodile tears.

_—_— eo + —

Judge Rigby’s Order.

Tue Patriot says that Tar Examtner’s statement that Judge Rigby made an order extending the time for the service of the King’s County (Nova Scotia) election petition and upon reconsideration reviewed his decision and setting aside his order, is incorrect. Tur Examiner, it says, *‘ offers no proof of its assertion, and we have not the means at hand of verifying it.

We offered no proof because we imagin- ed our comtemporary was sufficiently well iaformed as to what took place in the neighboring Province to have read, or at least heard of the Judges decision. It seems we were in error ; and we hasten to place before him the means of “ veri- fying” our assertion.

Below we give the text of Judge Rigby’s decision.

The first part of his judgment decides the question whether giving the petition to the Prothonotary on the street was a

preseatation” wichin the meaning. of

extending the time for service of the petition ete., and the service made thereunder were ittacked, is that ‘‘the said order was improvi- iently granted and without sufficient caure hown.” This «round, it seems to me, murt prevail, unless che attidavits of the peti ione: and Sheriff upo. which the order was granted, establish theex stence, during the period withiv shich the pap rs could have originally beer served of ‘‘special circumstances or difficulty n effecting service,’ by which service was yrevented. It appears from the affidavits that the petition was presented at the office of the Clerk on Saturday, the 5th of August, and handed to the Sheriff to be served on the Sth ay of the same month; and that subsequently to the latter date diligent enquiries had beet made for the respondent, but that he could not be found nor his whereabouts ascertained ud that personal service could not in con- sequence be effected. The affidavits are siler t in reference to the period which elapsed be tween the day of the presentation and the lelivery to the Sheriff for service. If the papers had been delivered to him for service on the Monday non constat but that they could have been served within the five days i do not think it was sufficient to show ‘“‘spe- vice’ on and after the 8th of August, more than on and after the 10th of August; nor do I see why if those affidavits are sufficient, an rder for extension might not with equal reason be upheld, where the papers had only been handed to the Sheriff on the last day on

the time had elapsed, and no reference made in the affidavits on which it was granted as to the intervening time. For these reasons J] am of opinion that the order of the 16th August and the service thereunder must be set asid~ and the order nisi, to that extent, made abso- lute with costs.”’

-_— >: ——e +? >

The Blatch Case.

Tue following jndgment was yesterday given by His Honor the Stipensiary Magistrate ic the above case :—

The prisoner in this case is arrested on suspicion, not on positive oath. Evidence has been given of a variety ef suspicions circumstances, supposed to connect him with the crime, and evidence has been given of one substantial circumstance, viz., the prisoners possession of one of the stolen notes. I ‘have heard, also, such witnesses as Were produced by the accused to preve an alibi. First, what is the evi- dence of this possession? The witness, Messervey, identified the note in evidence. positively, as one of the stolen notes, and I think his evidence of identification suffi- ciently strong to require me to accept that fact asproven. The witness E. W. Daweon after a lengthened examination. in snb- stance says, ‘‘my impression” is that I had only one twenty dollar Greenback, and that I got it from the prisoner, because I re- member distinctly getting a twenty do!lar bill from him, and I do not remember one from anyone else, “I might have had another twenty dollar bill, but I do not rewember having it.” He admits having a considerable sum of money, including Greenbacks (the amounts whereof he conid not speak positively) on his person, when the prisoner paid him this note, with other moneys, and that both these moneys were im one package in his pocket, and, while admitting that he can in no way ident fy the note in evidence, he says that his im- pression was at the time, and now is, thet the note the prisoner paid him was, either a treasury or & silver dollar note for twenty dollars. The note in evidence identified by Messervey is neither—it is an American National Bank note for twenty dollars. If this can be called proof of prisoner’s possession of the acte in evi- dence, it depends entirely on the memory of the last witness that he received no other American twenty dollar note; a mem- ory which, if you add to it the second re- membrance of the witness, that the note received from prisoner was a silver dollar or treasury note, negatives its identity with the note in evidence. I do not intena detailing the evidence given of suspicious circumstances; it appears to me somewhat to havethe characteristics of its class, which though useful in some instances, when pointing to positive testimony, is almost upiformly based upon a suppusition of the guilt of some individual, and useless in most cases, except to supply a mental jns- tification for such suspicion. At any rate, I have to deal with facts, not with suspi- cions. Lam not going into the evidence given of the alibi, nor of the evidence given in contradiction of the prosecutor’s wit- nesses. In no sense will I assume to try this case. The question before me is, is there sufficient evidence to put the accrsed on his trial with a reasonable prospect of his conviction? Ido not think that there is. This prosecution is dependent on thie identity of this note. The evidence given in support ef such identification is very unsatisfactory, and, from the information to the evidence of the last witness, I have no one positive oath connecting the accused with the crime charged. I, therefore, dis- charge him from arrest under the informa- tian laid in this matter.

CORRE

SPOXDENCE.

We do not hold ourselves responsible for the

Sixr,—In an article in your paper of Wednesday in noticing the Shooting made by the members of No. 3 Company, for their Silver Cup, you say Capt. Stewart’s score of 94 points was ‘‘the highest score ever made on the range.” This is not the ease. In shooting for Dr, Creamer’s Medal Col Sergt. Allan made 99 points at 200, 400 and 500 yards. On the 4th October, in shooting for the ‘“‘Graham Cup” Major Dogherty made 68 points, the possible being 75 points. Another better score The Major’s average per shot was 4 8-15. Capt. Stewart’s average was only 4 10-21. In 1878, while firing for places on the Wimbled n Tia , Lieut. R. V. Long- worth male the handsome score oj 93 pomts at 200, 500, and 600 yards range and private James Mclntyre in the same match made 91 points at the same ranges, both much better scores. Nodoub there are other better scores made on the * Kensington Rifle Range,” but as 1 wr.te from memory J cannot state them now. The foregoing, however, will show that the statement in your paper is got correct, and very unfair to the marksmen of the Province Yours truly, E. Macpnoveatr. _-

the Act. After deciding that it was, he proceeds :—

“Ong of the grounds upon which . made by ai¢ on the Jéth ‘of August lost for

RaruarEL Tucks & Sons, Royal re 4

HE DAILY

cial circumstances or difficulty in effecting ser-

which they could be served; or even after

are now about to enter upon, may be one of 1 mpar.1e el success to the order.

Grand Division Meeting.

The thirty-fourth annual session of the Grand Division of P. E. Island assembl d on Wednesday, at Freetown, G, W. Bent- ley, G. W. Patriarch, presiding. Twenty- four new members were initiated. The reports of the G. W. Patriarch, Grand Scribe and Grand Treasurer gave a very flattering account of the condition of the order on the Island at the present time. The new staff of Grand Officers were elected and installed as follows:—

G. W. P.—James Carruthers, Bedeque.

G. W. A.—Isaac Hayden, Clifton.

G. Seribe—J. J. Chappell, Charlotte- town,

G. Treas.—D. W. Wiltshire.

G. Ch.—Rev. Mr. Meggs, Margate.

G. Con.—Annie Schurman, Freetown.

G. Sent.—H. H. Pollard, Charlottetown.

P.G. W. P.—G. W. Bentley, Kensing- ton.

The session for the year will be held as follows:—January, Margate; April, Char- lottetown; July, Crapaud; October, North Wiltshire.

The following were elected representa- tives to the National Division, which meets it Ocean Grove, New Jersey, in July, 1883, namely:—Charles Young, Rev. Dr. Fitzgerald, J. B. Cooper, J. W. Morrison, William Sanderson, J. P. Tanton, G. W. Millner, William Laird, George Smith, J. J. Chappelle, D. McLean, David Rogers, G. W. Bentley, James Carruthers, Ben}. Williams, John Jury, W. F. Morris, J. W. Wadman, Wm. Campbell, Henry Smith, A. B. Dickieson, J. C. McKenzie, Jesse Burns, Isaac Hayden, John Scott.

The public meeting was a grand success. The new G. W. P. occupied the chair. Addresses were delivered by D. Rogers, W. WeNeill Simpson, H. H. Pollard, J. J. Chappell, Rev. J. B. Woodland, G. W. Bentley, and Rey. Mr. Lavers. Reci- tations were well rendered by L. A. Fowler, Thomas Ellis, D. W. Henderson and Maggie Smith. A very efficient choir added much to the evening’s enjoyment.

Henderson, North

PATRIARCH'S REPORT,

To the Grand Division of P. E. I.

Wortuy Mempers,—It is with much pleasure we again meet you at our Annual Session.

The year through which we have just passed has been one of great interest to the Temperance cause. Through many changes in the outer world, the Order of the Sous of Temperance has steadily progressed until it has now passed the fortieth year of its existance and has arrived at mature manhood.

In reviewing the past year, we have no reason to be discouraged; but we find much to stimulate us to greater dilligence in making known the principals of the cause in which we are engaged.

The favourable decision of the Privy Couneil in the matter of the Canada Tem- perance Act has been a great boon to this Province, and we are pleased to be able to sav that, in some parts of the Island, it ‘ffect has been most beneficial, we regret

6... Wa

has not been what was anticipated. In regard to the Order of Sons of Temperance, we are happy to be able to report favourably. During the year five new divisions have been organized, viz:— Beacon Light, Milton Star, Shamrock, Wellington, and Shining Light. These five divisions now report a membership of —, which has been quite an accession to our ranks. We have now some thirty divisions in success ful operation, with a membership of —. We have also quite recently organized a section of the Cadets of Temperance, at Kensington, with a membership of 26, and we are of opinion that a little more atten- tion to this part of our work, of bringing the young into our ranks and educating them in the principles of Temperance, would do an incalculable amount of gvod. During the year I have visited a large number of our divisions, and have generally found them working well and efticiently. and I am led to the conviction that were all our members to work with a little more energy, our Order would be greatly in- creased, Many of our divisions do not provide themselves with the proper regalia of the Order,or if they have them de not use them. We have also found a few who do not give as much heed to the proper carrying out of our regulations and rules of order as might be. A little more attention to these matters would have a good effect. As you are aware, at our last session in Souris, a delegation was present from the Order of Good Templars, asking for an amalgamation of their Order on this {sland with the Sons of Temperance, and a resolution was agreed to that this lodge should besupplied with the necessary charts, books, &c., free of cost to form them into divisions of the Sons of Temperance ; and I have to report that during the quarter one of their lodges has applied to the proper othcers, and been duly organized. Au effort has been made by the enemies of the Canada Temperance Act to bring on an election in Prince County for the pur- pose of having the Act set aside. We trust that all trae friends of temperance will nobly stand by the right in this trying time and sustain the present law. While we can rejoice in the fact that we have been much favoured by Divine Pro- vidence during the past year, and that we have not been called upon to record the death of many of our members, we regret to have to announce the death, quite re- cently, of our good Brother Wm. C. Mc- Kie, D. G. W P., of Phoenix Division of Souris, At our last session at Sour's, Brother McKie was one of our members. His kind and genial face will be missed among his brethren. We trust he has gone to reap the reward of his good deeds. Brethren and Sisters while we rejoice at our own deliveranca, let us remember that the world has claims upon us. Very much remains to be done before our work is fully

the

EXAMINER,

however, that in some places the result |

}

Fw

Is opening 4n an immense Stock of Goods this the best atocked in the City,

GENTLEMER?’S

given in this City,

Oct. 4, 1882—wkly pat, ne pres

OCTOBE:

Over 1,000 Overcoats, Jackets and Ulsters to choose from.

aa gel ase aed

20, 1832.

ee —~

DRY GOODS | MILLINERY AND CLOTHING.

—_ ee (O) ee ae

—@. toe O DOW A. LD

Fall. The Public will find his store one «

Ladies when buying Dress Materials, Shawls, Mantles, Cloths, and all kinds ot woollens, should go straight to

J. B. MACDONALD’S.

When wanting Flowers, Feathers, Ribbons, Gloves, Hosiery, go to

J. B. MACDONALD'S.

Ot

DEPARTMENT.

The biggest bargains

J. B. MACDONALD,

QUEEN STREET.

Behive Wools, Cocoon Wools,

Charlottetown, Oct, 5, 1882,

LONDON HOUSE.

rg eee whee

Now Qpening ex §, 8. Victoria, Waldensian and Cedar Grove

——— —0:0—— — —

Ladies’ Beaver and Plush Hats, Ladies’ Silk Scarfs,

Ladies Jersey Gloves. Ladies’ Alexandra Jackets, Children’s Woollen Pelisses,

Promenade Scarfs and Squares,

Ice Wools, Beriin Wools, Moire and Broehe Sash Ribbons.

Gentlemen’s Lambs Wool Underclothing, | Genilemen’s Merino Underclothing, Gentlemen’s Kid Mitts and Gloves.

GEO. DAVIES & CO.

_—— ee

E. Island.

Oct. 5, 1882.

FIRE INSURANCE.

———:0:——__—

QUEEN INSURANCEH COMPANY: Head Office—Liverpeoo!l, England, AGRICULTURAL INSURANCE CO.,

Head Office-—Watertown, New York.

——- —— 10: ——

The undersigned having been appointed General Agents for the above first-class British and American Fire Insurance Companies, are prepared to insure ali classes of insurable property on as good terms and at as low rates as they can be taken by any Company now solvent and intending to remain so.

Office—South Side of Queen Square, opposite the Post Office, Charlottetown, P.

DESBRISAY & ANGUS,

GENERAL AGENTS.

N. B.—No person is authorized to collect monies for any of the above Companies in this Province without producing a receipt signed by us, and any one paying money to any one witheut getting such receipt, will do so at their own risk.

D. & A.

‘Tweed

A magnificent range of

GENTS’ FURNISHINGS,

opis

AMERICAN WHITE &

accomplished and there is sometiing for everyone to do. ©

Officers and members we thank you for your kind assistance and prompt co-opera~ ion during the past year, and for your et endance here this day. We trust this he Great Patriarch above, will direct us in a'l our councils for the advancement of the cause, the cause of all mankind, and it is our earnest prayer that the year which we

Series’ Christmas Cards can be seen at G. Babzard's, soot 3

Subwisted in L P.aod.F. G. W. Berges, G. W, P.

DD. A. BRUCE, MERCHANT TAILOR,

Is now offering Cash Buyers the BEST VALUE that ean be had in the market, in i

Broadcloth, Worsted, Scotch and Canadian

Suits.

COLORED SHIRTS,

Collars, Ties, Underclothing, English and American Hats.

Our Readymade Clothing is Manufactured on the Premises,

fashionably cut, well sewed, and having good trimmings,

Wili be sold as Cheap as Imported.

Charlottetown, May 22, ’82.

We invite you to inspect our Goods.

D. A. BRUCE,

72 Quedn Street.

eve

i Y Cee TO-MORROW (SA' DAY. Oct. Stet. at 11 o'clock.” + at iy,

Anction Room, 60 Barrels A i Cask Oniem 3+ Bags Ruts, ete, p A MeNEILL, te oti A i neer, . . an Dramatic Entertainment

THE“ TICKEY-OP-LBAVE Baga BY TOM TaYLor, —

Will be performed by the GEORG DRAMATIC CLUB,

Gn Tuesday, 24th im

—IN THE—

Oct 20, 1882.

f

Doors open at 7.30; commence at 8. Re

served Seats, 35 cents; children half Price, Oct, 20, '%2,—2i :

rPXENDERS will be received by the sigued until SATURDA Y, the 28th for the erection of au addition to the whe

= | House,

Plans and spc cifications to be geen Osborne House on and after Monday, she.

23rd inst, oe

C. Vv: McGREGOR ‘LIBSBAL-UONS*RVATOE- CONVENTION,

A will be held at Brian’s Cross, Lot 31, op Wednesday, the 2ist day of November oxt, at 5 o'clock, p, m., for the purpose of selests ing a candidate, in the interests of thedgx, payers of the District, for the Legislative Council Election pow approaching, and any other businees affecting the interests of the District,

Delegates trom the various sections of this large and important Legislative District fre respecttully requestcd te attend,

ALEX, C, SHAW,

Acting Sec’'y of Com, St, Catberine’s, Oct, 20, 1882.

FURNITURE, &.

AT AUCTION, AM instructed by James M. Sutherland, E+q., Assignee of John H. Catbrae, to seil at Auction, on :

Saturday Next, 2ist instant,

at half.past ion o'clock, a,m.,

At “WESTWOOD,’ all the Household Fa niture now in said !welling. consisting fa ) part of Parlor S.t,2 Bed Room Sete, Parlor Dining Room amt Bed R om Carpets, Wine dow Curtaies, ‘ beftioneer, What-net, Hall Carpets, Hull Stove and Pipo, 1 Square Pign Kitchen Utensils, Cr ckery, | Horse, 2 Wage ons Harness, ete. etc.

B. W, HIGGS,

Oot. 18 ’°#2.. ts Auctioneer,

1 ' F HOUSEHOLD FURNITURE, I AM instructed Ly Capt. Maxwell, B, &,

to sell by Auction at his ee “ Westbourne,’ on Wednesday, ©5th i at 11] o'clock all his Hovsehcld Furniture comprising Drawing Room, Dining Boom B-dreom aad Kitchen Furniture. Particulars in handbills,

WILLIAM DODD, Auctioneer. e

Oct. 11, ’82,

Grain and Potatoe Sacks.

For sale by

HORACE HASZARD, Sept. 22, 1882—1m eod ; ——

WANTS, LOST, FOUND, &

a

\ J ANTED eyeo are ee ; to go to Stellarton, N. 8 A Mrs.°A. Lord. {oc26 tf \ ANTED—Four Gentlemen Boarders, Apply to Mrs. Robert Rodd, opposite Pickard’s Bakery. foci6 wkly 9

FAMILY, consisting of a young married couple, two children and a young ? desire to obtain board, &c., in the city for winter. ‘They r quire two bed rooms and & sitting room. Persons who can aceo them will please address N. 8., this office, giving lovality, terms, &c., on or before Thurs- day, the 26th inst. foct. 18, 1882. Sims.

——$—$

Ha LET—On Hillsborough Street, a house containing eight rooms, in good repall

Possession given immediately, if required. Apply on the premises.--W, L. WEL.xEm {ocl7 tt

OARDERS.—Two or three oarders can be accommodated in a private family, with bedrooms and parlor. Apply at Exai- INER Office. focl7 tf HOUSE AND PREMISES TO LET, situated on Richmond Street West. or

rticulars, apply to James D, Mason " reg [oct 18 6i eod

, i UO LET—The ehop on Queen S'reet known as the “Italien Warehouse.” For pat ticulars apply at the office of Me-srs. Palmer & Mcieod. [ocl7 2w eod pd ANTED immediately at the ‘Revere House,” a Sober respectable young man to attend Steamers and | rain, and to wait table. Reference required. Oct 96 taw

OST,—Between Y. M ©. A, soows and Normal School on Saturday sfrerneon, abuut 3 o’clock, a Railway Kag, brow: 08 one side and gray on tie other, The finder will be rewarded by leaving the sane - a EXAtInEk Office, %

ANTED a Girl tor Goneval Hous work to go to Moncton, N. B. Liberal

wages to a cpmpetent person. Apply 9 if

ExAswen Office. ’

APPLES, &b,

COURT HOUSE, CEORCETOWN, |

TO GONTRACTORS, |

Oct, 26, '82,—fr m we fr, pat sa tu th, ae ‘ 5

“ty es L u

Sle GARI Sco tg Ase