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Sales Agents of the Daily Examiner.

Tux Datty Examrver is for sale every day en the trains erst and west, and ing places‘

H. A. Harviez, Charlottetown.

A. D. HASZARD, “ T. O'CoNNELL, e¢ T. L. CHAPPELLE, . S. T. N&ELMES

P. N. Pars, cor. Pownal and Easton streets. G,. A. AITKEN, Georgetown. D. ScrHerRcanpy, Souris East. A. McAvtay, Head St. Peter’s Bay. D. Eaax, Mount Stewart. H. Beer, Southport. Gro. O’Netit, Ualfway House. Morton 8S. Hvanes, County Line Station. Epmunp Camper tt, Prince County store, Summersice. W. D. McNgiut, Alberton. Jonun J. AnsnEAUX, Tigaish. " . THe Datty EXAMINER,

FEBRUARY 1, 1879.

SUPREME COURT.

The Murder Case.

Jan. 31, 1879. PETER BRADLEY'S EVIDENCE CONTINUED. I don’t know a boy named Lynch. Did not know that such a boy was examined be- fore Dr. Jenkin’s. Know Pius McKinnon. He came up to the station after the prisoner Johnston. I went to search for McKinnon to Dundas a Did not find him.

Cross-examined by Mr. Palmer—'To the best of my knowledys, it was at the time Shea said ‘‘it wasa foolish thing to be firing pistols through the streets,” that the ques-

tion came up about keeping company with

7 $4 > ~~ nd to St. Peters.

2a fellow like Millner. 1 think that the father of the prisoner Johnston came to the Court room during the nigat. I don’t think he was there during the whole con- yersation which I have related. Don’t]

think I was in the Court room while Mr. Johnston was there. Cannot swear that he heard any of the conversation. Think it all happened before he came. When [I wen

to my lunch and came back, think it was then Mr. Johnston was in the Coart room. Think { saw Mr. McLeod, the Attorney there. That was after Mr. Johnston left. He was there before daylight. Don’t mind telling Mr. McLeod anything. Might have said to Mr. McLeod that the prisoner did not make any confession. Officer Cameron came through the night and took my place. Think ho remained till he took Johnston home in the morning to change his clothes. To the best of my knowledge, I did nut speak to the prisoner, in the presence of his faiher, as to the amount of imprisonment being lighter on himif he would confess. It might have passed; but to the best of my knowledge it did not. I was not mixed up in the death of Kilboy. Might have been at the Gas House when he hung him

self in the station. When he was cut down I was putting a prisoner in the other cell, about four feet from the cell in which he

_hung himself,

Re-direet examination-—Shea and I were put in charge of Johnston about 12 o’clock.

Dre. Hovxirs (sworn)—Examined by Mr. Peters—1! remember the night Kelly was shot. I was sitting on my own ver- anda. I heard three shots. The shots were fired rather slowly. I paid no attention to them. Shortly afterwards they came over and told me the boy was shot. I went over and found him lying very sick in his moth- ers house. I got off his clothes and found a small wound in his right side. I gave him some stimulants, but he could not swallow. He died about a quarter of an hour after. I made an examination, and found a bullet had penetrated his right side, passed down and lodged in the spine. It was from the effects of that bullet that the boy came to his death. I took out the bullet, and gave it to the Coroner. (The bullet was pro- duced by the Clerk of the Mayistrate’s Court, and the Dr. identified it). I have no doubt that it was by the bullet he came to his death. He was perfectly healthy. The shots were fired about twenty minutes to ten o'clock.

Dr. McLrop sworn—Examined by the Attorney General—I was present at the post. mortem examination with Dr. Hobkirk. We found a bullet wound in tho right side. Opening the side we found a great deal of blood in the right lung. We discovered the track of the bullet. It passed through the diaphragm, thence through the liver and lodged in the spine. The boy was perfectly healthy. Uave no doubt that he died from the wound caused by the bullet. (Identi- fied the bullet.)

Taomas FLYNN sworn—Examined by the

Attorney General—I am City Marshal be , myself.

I remember the I got to the scene

tween nino and ten years. night Kelly was killed.

of the murder abont ten o'clock. Kelly was about breathing his last. He lived ina

house behind Billy Byers’. Immediately after seeing the boy was deadI went to gather information about the matter. I acted on information I got from Patrick Hand in the West Bog. in consequence of that information [sent Officers McGonnell and Keating to Millner’s house. At the time of the murder I made several inquiries and afterwards measured the track of the wagon. Tie tracks I measured were towards the belfry, and at Ryan’s corner. Where I measured, it came on to Ryan’s house. It was nearly up to the platform running along the west side of the street. Thore was only one track with a turn in it. It was after ton o'clock the same night Kelly was shot that 1 measured the track. I did so with the light ofacandle. The track was in softsand, and from the putside of the tyes of each wheelit was four feet ten. 1 did not measure the tracks of the horse’s hoofs. The width of the tyer was one inch I got the wagon from Mr. Stumbles after- wards (identified the wagon in Court). The Wazon in Court is the one. It has been under the charge of the police. I meas- ured an impression of the wheels of tha;

at the follow- |

Book-

‘om —

{ wagon, made in hard clay, with two men 10 (the wagon, and found the with to be 4it. 99 (in. Larrested Millner first. I know him ‘for a number of years. It was from intor mation I received that I did so. It was 9 o'clock the morning after the murder I ar- | sested him. He was working in his father’s lvard. Isaid, ‘I want you, James,” and lhe said ** All right, Marshal.” I sent him ‘to the Station in charge of Keating. I ar- |rested Johnston in the hold of the schooner | Maria Kate (think that’s her name) about 12 o'clock at night. We searched the sehr. {between 11 and 12 o'clock in the day, but ithe hold was full and we could not search lvery well. Wealso searched the Boston boat. : about 11 o’clock at night. Officer Shea anc McKinnon (the steward of the vessel) were with me. We got himin the aold of the vessel about 11 o’clock. He was standing in the back part of the hold. Ithink he was ina little run behind the cabin. It was Johnston, the prisoner in the dock, I ar-

When [ returned to the hatch with Isaid, ‘‘Look out Shea; take up “Oh,” he said, ‘‘you need not be frightened. I suppose J will have )to suffer for what -I have done.” I came ‘right up after him and searched him on the wharf for his revolver. I asked him where was his revolver, and he either said ** My ‘father has got it,’ or ‘‘Igaveitto my father.” ‘When we were on our way to the Station he turned around and said to McKinnon, ‘You made a big thing out of this, selling imy life.’ The steward then said, ‘‘ I would not sail with a murderer.” I then said, ‘You must keep back ; he is. my prisoner, and I will not allow you to talk

rested. him. this prisoner.”

to him.” Sead e of pee . him in custody of officers Bradley and

yr

es, 2 , . _ " Shea totake him to the Police Court. Whilst on the road to the Station he said he had three or four notions to give himself 19 while in the hold of the vessel. In going

i . a2 } sty froin the Police Station to the Courtroom I ask d Johnston

VE + ; miliiner

what time he parted with hat night

, 4

ed by the Cours Resumed—! > gaid, ‘Had i petter ans- wer that question?’ We did not answer he question, and I then told him not to

answer any questions put by the officer or

jane

anv one else. Lithen left him and went te

‘Mir. Juhnston’s boarding house. inat was . } TtTi

about one hour after the arrest. When he

eame out he asked meif he could see his I told him he could, and also told From information

son.

a 4" aa him where his son was

of the officers out the road to see after a wagon which I heard had gone out pretty fast after the boy was shot. He went, and Officers Warren and Heartz went with him. [ did not get the revolver afterwards. I asked Mr. Johnston forthe revolver. I told him his son had told me he had one, and he said he had none.

Cross-examined by Mr. Palmer—I swear positively Hand told me it was Millner’s horse. He did not say what Miilner, but I took it to be old Mr. Miliner’s horse. He gave me that information before I sent him to the country with the officers. Don’t think an hour elapsed from the time [ got the information in the bog till 1 sent the Officers to Millners. Iam not prepared to swear that the officers went directly to Millner’s. I didnot go with them. Don’t know what hour they arrived at Millner’s. I don’t know what time Hand started for the country. I cannot tell whether Hand had gone “to the country be- fore the Officers went to Millners. but I started him to go for his horse, and after I did I sent the officers to Millner’s. It was when I came from the Bog the sec- ond time that I sent the officers to Mill- ner’s. It was the second time that I was in the Bog that I got the information from Hand. I cannot say whether I saw Hand in the Bog the first time or not. When I arrested Millner he did not appear much appalled. He did not attempt to screen himself in any way It was pretty windy the night Kelly was shot. It was with a candle light that I measured the track. I measured it with o1¢ side of a two foot rule. [had no rod. (Showed the manner in which he measured the track.) It was four feet ten. J noted it at the time ona piece of paper. I measured what was supposed to be the hind wheels. The hind wheels tallied with the fore, as nearas I could get them. I think I measured Millner’s horse’s feet. I don’t know that I said in the gangway, ‘‘ That’s not the horse, any- way.” Imight have. It was for simple curiosity I measured the horse’s hoof. While I was handing the prisoner Johnston out of the hole there might have been some expressions between the officer and the prisoner that I did not hear.

To Mr. Hodgson—There was a small boy named Allen came to the schooner. I sent

him inte the run aft, as I could not get in It is a disqualification for a police- man to get drunk.

(Here the counsel began an exaraination regarding the character of the police. The ‘examination was objected to by the Attorn- ley General, and the questions were put ‘formally and answered as follows):—

Question—Do you know Officer Shea? | Answer—I know him for six or seven years. I récollect him once being up on a charge of beating his wife, but I cannot tell what became of the case. I cannot say whether he was imprisoned for the offense. I heard nothing about the nature of the pun- ishment Johnston was to receive. I heard the prisoner making no statement in the Station. There was no conversation in the Court regarding any statement the prisoner made. I heard no conversation hetween the prisoner and his father. I went out to Mr. FitzGerald’s after telling Mr. Johnston of his son’s arrest. I first in- formed Johnston that I arrested him for the murder of Kelly in the hold of the ves- sel. I did not tell Millner what I arrested him for.

Feb. 1. _ AncurB'tp McKiyyon (sworn)—Exam- ined by the Attorney-ieneral.—I am on the police force about twelve months. I

remember the night Kelly was shot. I |

We again searched the schooner |

I took him to the Station and |

that nig Mir. Palmer objected to this and if was)

[ received, Isent Patrick Hand with two)

know the prisoners at the bar. aGibawe was in my custody on the morning of the 16th in the Police Station. He asked me to take him down to his father’s till he got his breakfast. I took him down and went into the house with him. There were @ few wards passed between us and he then went up stairs to change his coat. He said he would be all right.

Cross-examined by Mr. nothing. I did the listening part. have said ‘‘yes” and I might not.

Re-direct examination continued. —He said he would beall rightif Cusuck would hold his tongue. He said he spoke to no one but Cusack, and that he did not speax tu the women. Next was, he said *‘I will be | right but I am sorry for Johnston.’

tall

I might

‘tioning the name of Johnston in connection ‘with Millner’s confessions. The Court noted the objection.

Resumed—I was not examined before Dr. Jenkins or Mr. Fitzgerald.

lonaeanaminet Mr. Palmer—t did

Cross-examined by Mir. Palme not tell this confession at the time. i partly forget about it. Did not think it was evidence at the time. Did not think anything about it at the time of the ex- amination before the Court. I swear I did not manufacture this afterwards. 1 wrote the whole confession down the very same day—that was I think the very same day as the examination before the Stipendiary. It was in the evening I wrete itdown. I sometimes write these things down in books (exhibits a book to Mr. Palmer,who examines lit.) Witness says: that is not the book in | which I wrote the confession. I wrote the confession on a piece of paper. But I lost it. When 1 wrote the confession I put it lin an old cash box at home.

Question—Has the memorandum in that book of yours anything to do with the clothes you got from McKinnon.

Answer—Let me see the book and I will {tell you. tees | Question—Was your ‘brother ever In jail ifor robbery }

Witness—That has nothing to do with | this case.

The Attorney General and Mr. Peters objected to this question.

The objection was noted.

Answer—I can’t say my brother was in jail. Inever saw him there. I cannot say how he got out of jail. Idid not see him get out. I believe he did get out.

Question—Where did he get the clothes with which he was helped away ?

Answer—He might have got them from you, but he didn’t. I gave hima suit of clothes after he got out—a few days. I could not say how -he got out--whether lawfully or unlawfully. I heard he got out by jumping over the fence. I gave him the clothes after I heard he jumped the fence.

Question—-Was he not warmly dressed /

Answer—They were not very decent. They were like Joseph’s coat—of many colors. 1 did net give him a policeman’s suit to disguise him. I brought some of the clothes I gave him from New York; got some from Mr. Lourie and at D. H. McKinnon’s. He was at North River when I gave hiin the clothes, He was not ina woods; he was in Mr. Mc Donald’s house. There was an uncle of mine present. I was not a police- man at that time. I did not make this known to Mr. FitzGerald when I applied for the situation of policeman. My brother was in jail for breaking into a shop. He was sentenced for five years. [ am not in the habit of throwing dust in the police- man’s eyes to prevent them from doing their duty. I never took a stick from Cameron or struck him. I was perfectly sane when I wasat Millner’s. In going up-stairs in Millner’s [ hit my head against the side of adoor. It was not the effeet of grog. It did not hurt me much. It did not stun me. I know Matthew Allin and Mary Jane Wares, his sister-in-law; but have not, that I remember, conversed with them on this subject. If I told them anything it was the truth. Millner said, ‘‘Tll be all right if Cusack says nothing.” Right at that time his brother Sam came up stairs, and he said [ll tell you more than I'll tell the police. Isaid I don’t want to hear any- h ng of it. He also said something about Keating being entirely astray about «his having a revolver when the window was opened. I don’t remember that he said more. He said nothing that I mind of about shooting Kelly. He did not deny shooting Kelly before me. I never said to Matthew Allan or his sister that if Johnston had been as cute as Millner, he’d have got clear, for Millner never confessed. Don’t mind that I made use of those words. I never have been into bad scrapes with Matthew Allan. He is rather a nice fellow. He never interfered to keep me from murder- ing or violently assaulting my wife. I never wasa drunkard. I might have been the worse of liquor once. I was in Mc- Mahon’s barber shop with Mililner. Had him in charge then. I think it was after the conversation with Millner upstairs. There was nothing said, I know of, about the murder. There was nothing said to at- tract my attention. There was nothing, that I heard, said about a barber or butch- er’s knife.

A fierinwon Sitting.

Mrs. Curren (sworn)—Examined by the Attorney-General—My son’s name is Mat- thew Curren. at Millners and at the gas-house.

To Mr. Hodgson—l say this just from | what I was told. | Mr. Hodgson ,objected to the admission 'of the evidence.

| The Attorney General erzed that it | Should be admitted, but did not consider | the point important.

| Question not admitted.

| Idon’t know where Mat is now. He

,went away between Christwmas and New |

| Years—the Monday or Tuesday before New | Years.

Attorney General—Where is he now?! To Mr. Hodgson—My. knowledge is only

|from hearsay. | Mr. Hodgson objected to the question.

| The Attorney General--Where did Mat

tell you he was going when he left ? Court ruled the question out.

Palmer—! said ,

Mr. Hodgson objects to the witness men-|

He was working last summer |

RTE NOT a —

| Attorney General proposed to call ee nesses to prove that unavailing efforts have been made during the past four weeks to procure the evidence of Pins McKinnon, a witness in the case. ‘The Court ruled the evidence out | The Attorney General said he received linformation last night that Daniel Gordon ‘had important testimony to give in the case, ‘and asked for an adjournment until four o’clock. 5

The Judzge—l can’t wait. | The Attorney General—Then the case for the prosecution is closed.

Counsel for the defence asked to be al- lowed five minutes to consult.

The request was granted.

GRAND | Fancy Dress Carnival

YHE Directors of the Citizens’ Skating Rink have pleasure in announcing their

Annual Skating Carnival

TO TAKE PLACE AT THE RINE, ON

Tharsday Evening, Feb, 13th,

GHT O CLOCK.

REGULATIONS :

All persons intending to take part must enter their names with the Seerctary,- not later than Saturday, the 8th inst., after whieh no application will be entertained.

Each person, in costume, must be provided with a legible card bearing name and ‘‘charac- ter,” such card to be handed to the person in waiting, upon entering the Dress Roonn.

The Committee reserve the right to reject any objectionable cuaracter.

Admission—tTicket holders, in YREE ; Nou-Ticket holders, in Cosiume, Spectators to Promenade, 50 cents. te be had at Apothecaries Hall.

Dy order,

a7 ‘ Thi’ Tt € ‘ ’ W. C. HOBKIRE, Sec’y.

Costume, 50 cts.3

Tickets

eb. 1, 1579—s ws tu wth pat 3in Sr —— a: om ~ Sa ga f PReaAwe SA a Dero” See Sa? SD Race a

Tm ' 4' avec tarraz 2¢c ‘esr 2 Eo close Consignments, we will

Gifer at Auctien,

GE TUESHAY NEXT,

., AT ELEVEN 0’CLOCK,

BRE ¥LOUR, Bols. K.-D. CORNMEAL, Bbls. ONIONS,

Bbis. No. 1 Labrador HERRING Casks KEROSENE. Cases do., Casks VINEGAR, Half Chests TEA, Boxes SUAP, Boxes T. D- PIPES, Boxes CRACKERS, Boxes PEPPER, Boxes BAKING POWDER, Boxes CLUTHES PINS, Dozens BROOMS, Nests TUBS, Boxes PEARL BLUE, Boxes BLACKING, Pans. MOLASSES, Pails, Washboards, Wrappin Paper, Candles, Nails, Stove Brushes, Coffee, Washing Soda, Starch, etc.

ue TERMS AT SALE. @a

Ch’town, Feb. Ist., re tASZARD BROS.

~ FINAL NOTICE.

A LL amounts due the Subscriber, not paid by the 15th February, will be sued for without further notice. SIMON W. CRABBE, 2 Sign ofthe Stove. Charlottetown, Jan. 31, 1879 - 4i

’

A Good Time May be Expected

/PXHE Volunteer Brass and City 4 String Band will give a

BONNET HOP, On Thursday Evening Next, IN THE ATHENEUM.

Dancing will commence at 9 o'clock, and continue until 2 o’clock. A Refreshment Table will be there.

Lickets to be nad at Dr. John Quirk’s, Esq.

TISKETS 49 CENTS EACH. Jan. 31, 1879.

Dodd’s, also at

A GREAT RUN

FLOUR & TEA STORE!

And it cannot be stopped while they are selling

oUGH EXCELLENT TEA

For 36c., 40c., and 44e. per Ib. *

GOOD SUGAR

” O . Vor 7}e., Se., Ske., and 9c. per Ib.

CHOICE FLOUR

. From $5.50 to"$6.00 per bbl, and

OTHER =6GROCERIES

RicHT CHEAP.

| |

i

:

| sa Save your money by buying at | .

Ch’town, Jan. 17—

| [QUY THE DAILY Bb for the latest arnhriecel ate ee

GLEARANGE SALE

DRY SO0DS |

Oo-_—

From this Date,

DESEMBER 29, i878,

FOR CASH ONLY,

AT A. DISCOUNT OF FROM

2O to 25 Fer Cent.,

FOR ONE MONTH,

THE—

Following Goods !

French Merinos, French Delaines, French Cashmeres, French T wills, Parmattas, Henrietta Cloth, Persian Cords, Brilliantines, Lamas, Lustres, Russel Cords,

FANCY Diss GOODS!

Anglais Merinos, Balmoral Crapes, Crapes, Dress Cloths, Mantle Cloths and Ulster Cloths,

Plain, Checked, Fancy and Striped

WINCEYS!

Silk Velvets, Velveteens, Black Silks, Jolored Silks, Fancy Silks, Ladies’ Skirts, Corsets, Ties,

Faney Wove’ Goods,

SHAW Ls,

ONE HALF PRICE,

RIBBONS, Artificial Flowers and Feathers |

ONE HALF PRICE, Ladies’ Ulsters, Ladies’ Jackets and Mantles, Blue Serges (all wool), Scarlet Flannels, Wool Scarfs and Ties, Umbrellas, Jeans, Tickings, Shirtings. Ladies’ Cloth and Hid Gloves, ==

Ladies’ Skating Gloves,

Brussels Carpets, Tapestry Bast. yy 2-ply Scotch * d-ply Scotch * Union “ « 4-4 Hemp ” 6-4 Felt S 4-4 Felt © oS Stair * 2-4 Stair ™ Felt Crumb Cloths, Linen Crumb Cloths, Stair Damask, Curtain Damask, Curtain Reps, Table Damasks and Table Linens, Toilet Covers, Blankets,

Counterpanes & Bed Covers.

—

CURTAINS!

In Muslin and Lace—V. ery Cheap. Damask, Turkey, Cloth and Felt

TABLE COVERSI

OiL TABLE CT FLOOR OIL CLOTH Buff, Green and White W Ladies’ Fur ion oa einai from Fifty-six cents, Monkey, Badger, Chinehilla, imitation Seal, Grebe, Imitation Mink and Mink.

Men’s Made Clothin S g, Hats, F Shirts, Underclothing, and i vate "Ss articles too numerous to menti 7

J.D. MASON & CO.,

QUEEN STREEr.

Charlottetown, Dec, 30, 187s —

eee

aw

i