VOL. 4. THe Dairy EXAMINER

Is Published every Evening. OFFICE:

H. W. Vinuicombe,

Resident Piano Tuner &: Regulator,

[INGS’ BULLDING, CORNER OF WATER H* adopted the Dollar system of Tuning

AND GREAT GEORGE STREETS, Charlottetown, P. E. 1.

KATES OF SUBSCRIPTION :

Six Months, . : : $2 50 Three Months, . . 1 25 One Month, 0 50 One Week, 0 12

a@ Advertising at most moderate rates,

Contracts may be made for monthly, quar- terly, or half-yearly advertisements, on appli- cation,

W. L. COTTON, Manager. |

PRINCE EDWARD ISLAND RAILWAY.

TIME TABLE NO. Il.

Winter Arrangement,

ON AND AFTER

MONDAY, DECEMBER vdtn, 1076.

| J. W. MITCHELL, Office Sup’t.

Trains Going West.

STATIONS. No. 1. No.3 | Express. ; Mixed. Georgetown (Dp 8.10 am Cardigan 1 Cat > jar 9.55 *‘ ! M.Stew’t Jun lapl0.05 «| Royalty Jun. #35.90 ** | a ; 4 | 611.40 *§ Un'town } lap 8.00 am) Dp 3.30 pm Royalty Jun. a | le !

N. Wiltshire “imi “ce

Hunter River , ** 9.20 ** | * 5.03 “

Breadalbane | $20.08 ** | * 5.41 *

County Line ithe 5 + = -

Kensington ran Ft © of

, oe ( larl1.30 ** lar 7.00 “ Sammers! e } idp 2.40 pm Wellington “62 Port Hill ° a va O’ Lea “ce “e - ar 6.35 ‘‘ Abberton dp 6.40 “as jar 7.25 **

Tignish

—

Trains Going East.

STATIONS. No, 2 No. 4 Express. | Mixed. igaieh “Dp 7.00am Al a «se 7.45 sé 0 se 8.47 ae Port Hill “a5 “ Wellington 10.48“ pets . ar 11.40 ** Summerside dp 2.30pm|Dp 8.45 am Kensington —=205 “i “ais “ County Line “340 * ‘“ O57 “ Breadalbane * 380 “| **3008.° Hunter River 7 oe) See. N, Wiltshire “6 4.45. | *11.02 * Royalty Jun. “5.40 ** | *21.55 “ ar 6.00 ‘* jarl2.15 pm Ch town } dp 2.55 « Royalty Jun. “235 ** ar 4,30 ‘* Mt. Stewart dp 4.40 « Cardigan , e 6.90 “ce Georgetown lar 6.25 * |

wo SOURIS BRANCH.

—————

Going West. Going East. 2 ere oe No.6 STATIONS. | Mixed. | STATIONS.| Mixed. a A. M. PM Souris Dp 7.00 Mts tw’t Inc! Dp 4.40 Harmony *¢ 7.23! | Morell - o- St. Peters ‘* §,42'/)St. Peters | “* 5.54 Morell ‘* 9,13); Harmony *. 2a Mt S’tw’t Jnc} ar 9.55{|Souris ar 7.35

WM. McKECHNIE,

C. J. BRYDGES, Supt. FP. Ez. /. R.

Gen. Sup. Gov. Railways Ch’town, Dec. 27, 1878. - p ne arh pres kca sp sj ap 61

~ COMMERCIAL Tnion Assurance Company,

OF LONDON, ENGLAND.

CAPITAL - - $12,500,000.

NSURANCE effected against Fire on all descriptions of Property throughout the

Island. s@ Low rates and rrompr settlement of

HORACE HASZARD, Agent for P. FE. Island.

Ch’town, Dee, 20, 1875—

Administrator's Notice,

HE undersigned, Administrator of the T Estate of ROBERT ORR, late of Char- lottetown, deceased, intestate, hereby notities all persons indebted to the said Estate to make immediate payment to him; and all perpane having claims or demands against the said

Estate are h uired to exhibit such claims and d ae attested, to him*for payment within twelve montis. JOHN McPHEE, Administrator.

Ch’town, Jan. 8th, 1879—2w 2aw

| visit. i . aa , > . : and satisfactory than any other, as the cost is

Six Visits a yeu, at one dollar per Chis system is mfich more economical

less, and the instrument is kept constantly in tune and repair.

A visit will be made to all parts of the Island once a year, or oftner if desired. Pianos tuned by Hamilton’s system of even temperament. :

gs” Orders may be left at Mr. Fletcher’s Music Store, or at Bremner Bros., Queen Street.

Jan. 6, 1IS79— FRANK GOX, M.D. 0.M., Physician, Surgaon & Accoushgur. OFFICE , APOTHECARIES HALL. Residence : Capt. Mutch’s, Water Street, next door to St. Lawrence Hotel.

N. B.—Particular attention paid to diseases

of the chest and stomach. Ch’town, Nov. 16, 1878—3m

UREN INSURANCE CO'Y 4 J ! . OF ENGLAND. r Pipe zi, a2 CAPITAL, . . TWO MILLIONS STERLING, J NSURANCE effected on all kinds of Build- ings, Merchandise and Produce. Also, on Vessels on the stocks, Special rates for isolated residences. Losses settled promptly. GEORGE MACLEOD (Union Bank), Agent for Prince Edward Island June, 1877—

‘WASTAFPS HOPBL

PENILE Subscriber having fitted up the Hotel formerly known as

THE RANKIN HOUSE, in first class style, is now prepared to give comfortable accommodation to

Permanent and Transient Boarders, Tourists and others will receive every atten? tion at the Wagstaff’s Hotel. WM. WAGSTAFF.

May 25, 1878

Dk. CREAMER, PHYSICIAN AND SURGEON,

Kent Street, Charlottetown, (Three doors from Dr. Johnson’s). ew ENTRANCE BY SIDE DOOR. “@&

Oct: 15 -~3m

E. G. HUNTER, [talian and American Marble, Monuments, Tablets, Headstones,

Crenrre Tasre Tors, Bureau anp CoMMODE Tors, Wasu Bowi Stabs, &c., &c. Prices to suit, and satisfaction guaranteed. B@ Designs furnished on application. @a Corner Hillsborough and Kent Streets, Char lottetown.

November 6, 1873.

JAMES HOBBS u CABINET-MAZER, UPHOLSTERER, ETC, it i AS REMOVED from MePhail’s Corner to the premises just. vacated by. Mr.

JOHN STUMBLEs, Prince Street, where, with increased facilities, he is prepared to attend to the wants of his customers with punctuality and despatch, and on reasonable terms.

CARPETS cat and laid.

Parintine and Repairing neatly done.

Picrure FRAMes and Mouldings constantly ou hand, or made up to order.

All kinds of Household Furniture made to order, cheap and good.

New Pattern Scliool Desks made at short notice. A first-class article.

#%” Dou’t forget the place: PRINCE STREET

>

(near the new Baptist Church in course of erection). Charlottetown, Oct. 26, 1S78—

RANKIN HOUSE,

CHARLOTTETOWN, P. BI,

J.J. DAVIES - - - Proprietor

(Formerly of St. Lawrence Hotel, Pictou).

HIS well-known Hotel is now open under the present management ; and, having been newly furnished throughout, it offers every comfort to the travelling public. Suit- able Sample Rooms for commercial gentlemen,

Oct. 15, 1878—Sm.

BROADWAY HOUSE,

BY MACKENZIE.

former ‘‘City Hotel,”

rk now the Broadway lLlouse, Great George

Street, opposite the Catholic Cathedral, is now open for Permanent and Transient Boarders.

The rooms ‘iave been thoroughly renovated and newly furnished.

The tables will be supplied with the best the market affords, and fares reasonable.

A Suite of Rooms convenient for a small

Nov. 23, 1878—t ‘

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THe Datty EXAMINER, |

i i '

FEBRUARY 5, 1879.

SUPREWE

— | i

COURT. |

The Murder Case—The Defence.

Mr. Palmer’s Speech (Condensed.)

Fes. 4, 1879. At 11 o'clock to-day the Courtroom was thronged with spectators. The gallery was overcrowded with ladies, and the interest manifested in the trial appeared to be in- Shortly after 11 o’clock, Mr. Pal- mer commenced his address :-—

tense.

May ir Preaszk Your Lorpsuir; Gen- TLEMEN OF THE JuRY—Your duties are now drawing to a close, and they will cul- minate when you return from your room with a verdict for the life or death of these young men. ‘The case at presen% would ap- pear to me as a dream were it not that the dead man had been picked up, and the corpus delicti is there, shot by a pistol ball. You have to say on your solemn oath whether it was from these young men came the fatal shot. That gentlemen is your duty. Ithink I hear my learned friend rehearse the depositions taken on behalf of the Crown. Oh! Gentlemen, that I could have ten minutes to rebut those arguments of his. You see the unfortunate posi- tion in which I am placed. I must anti- cipate every argument which he brings forth, and during my anticipations knock every inch of the ground from under his feet. J will first confine your attention to the alleged confessions. ‘Taking the evi- dence of those young women who came here and stated that they saw the prisoner Johnston on the night of the murder, and coupling it with the evidence of those who allege that they heard tlie confession, I have no hesitation in stating that if there was 2 confession at all, it was a downright falsehood. If a confession was wrung from a prisoner by an ignorant constable or policeman who offered inducements, it should not be taken in evidence against the prisoner. In cases where a person is ar- rested on suspicion, a caution must be read, as follows :—‘‘ Having heard the ev'dence, d> you wish to say anything in auswer to the charge? You are not obliged to say anything unless you desire to do so; but whatever you do say will be taken down in writing, and may be given in evidence against you upon your trial,” etc It may be said that this caution is not given by a constable ; but it is given by the High Magistrate, and, if given by one, why not the other? Here a man is hunted down by the officers of the law for a bloody crime. He is arrested at the dead hour of night. His passions are inflamed, and a word from the officer may exact what would appear te be a confession. For this reason the Legis- lature has been particulariy careful in lay- ing down this provision and, I say, making it applicable to the constable as well as to the High Magistrate. The confessions or admissions in this case cannot be allowed. Russel says: ‘‘ A confession can never be received in evidence where the prisoner has been influenced by any threat or promise, for the law cannot measure the force of the influence used or decide upon the effect on the mind of the prisoner, and therefore ex- cludes the declaration if any degree of in- fluence has been exerted.” Now, suppose this evidence is properly before the Court, and the confessions go to the Jury, I ex- hort the Jurors to presume _ that all inducements were offered to the prisoners in the present case, and to therefore attach no weight to them, he- cause the prisonerhas made a confession un- der a bias, and therefore it should not be submitted to a jury.” I contend that it is a matter entirely for you, no matter wheth- er Shea and Bradley comes here and swears that the statements Were made voluntarily er not. Neither of these men have the honesty to come here and state that they said to Johnston that the imprisonment would be light on him if he would confess to the crime for which he was arrested at the dead hour of night. These fellows— these beauties—-Bradley and Shea—are as cute as foxes, and it is a high feather in their hats to catch and wring confessions from anyone who they think commits these crimes. ‘‘In one case in Ireland, where a constable arrested a prisoner, and having given the usual and proper caution,

proceeded to search his honse, and having found the prisoner’s coat, which was wet from washing, asked him why he had washed his coat. The Chief Baron ruled

hat the answer could not be given in evi-

dence, and said that where a constable ar-

rests a party he ought to abstain from ask-

ing questions—he ought to leave that duty

for the Magistrate, who alone has the power

to reduce to writing what is said by the

prisoner.” Now, gentlemen, # youswallow

all the evidence that these fellows— Bradley

and Shea—gives you, without thinking that

they didnot hold out inducements, you

swallow evidence that is entirely false.

Why, gentlemen, according to the evidence,

if they confessed at all they confessed false-

ly. The confessions, as told by the con- | stables, are entirely contrary to ail the evi- | dence that has been taken. Those miserable |

ing in on the night of the murder; that the | coat was entirely different from any that | Johnston ever wore; and then take the evi- |

CHARLOTTETOWN, PRINCE EDWARD ISLAND, WEDNESDAY, FEBRUARY 5, 1879. NO. 510.

eqns nese flcccees ant aaNet

dence of these respectable young ladies who testify that they saw Johnston at Mr. Higgins’ door, at the very time the murder was committed. Gentlemen, [say, putting these facts together, who could say that the confession, if made, is not entirely false. Am I told that these men in the dock are blood-thirsty villians; that they would go to the bog, and, without the least provoca- tion, shoot down a negro who they never saw before. It has been assumed by some that a stone was thrown, hence the provo- cation; but before I am done, 1 will show that there was no stone thrown at all. One little girl—Lillie Ryan—is particularly care- ful in stating that Dave Inglis threw the stone. Dave Inglis comes here and swears positively that hs did not throwa stone; that there was no stone thrown at all. John Hughes who passed directly under the shots saw no stone thrown, neither did Rose Chivarie, who was stand- ing within ten yards of the wagon.

I will now treat a witness—Archibald McKinnon-—-in whom my _ client—James Millner—appears to have placed much con- fidence. Onthe day of arrest, he goes to Millner’s home. He tells yeu that Millner, after taking him into contidence, conducts him up stairs, and, in all apparent sincerity, tells him that ‘‘ he would be all right if Cusack would hold his tongue, but he was sorry for Johnston.” Then, what do we find this God-fearing, spotless and dutiful oflicer doing? He tells you, genilomen, that he transferrs this confession to paper. For what? In order tw testify against my client. Immediately after he proceeds to to Alian’s, and there, in an- swer to a question put by Mrs, Wares—a most respectable witness— he says, ‘‘ Millner was too cute ; he would make no vonfession. He was an old hand at it.” lJasked him, ‘‘ Did you not strike your head against a door while ascending the stairs at Millner’s?” He said not—he was not stunned. He was perfectly sen- sible ; he knew what he was doing.” What does Mrs. Wares come here and swear ? Does she not swear, gentlemen, on the Sunday after Millner was arrested, this McKinnon told her, in her mother’s house, that while in Miliner’s he struck his head against a door, and was so stunned that he did not know what was going on until he returned to the street. Ah, gentlemen, look at the kind of evidence the Crown brings forward in a case of life and death, and asks you to believe. Again, gentle- men, see how this fellow, clothed and shielded by the garb of authority—by

oliceman’s clothes—tried to shirk me when

fastened on him the clearing of his brother from the common Jail of the County, where he was imprisoned for the crime of burglary. Lasked him how long his brother had to serve in Jail? He told you he did not know. What !—did not know how long his brother was imprisoned ! Gentlemen, is there one among you who does not believe that, when he stated that on oath, he stated what was a downright lie. Ah, gentlemen! we have had too much of this kind of rotten testimony here. Throw it away, and give us something with which we can meet justice. McMahon isa witness whe would materially effect the evidence of this McKinnon. Although I have hunted everywhere, I could find no traces of him. Another witness to whom I wish to call your attention is Patrick Hand. He says that he was coming out of his

stable shor‘ly after the shots were fired, and that he saw a _ horse coming from the way of the Bog,

and that it struck him at the time it was Millner’s. I asked him if the horse he saw had a particular gait. He said no. It seems a very queer thing to me, and-it inust also seem queer to you, gentlemen, that a man could tell it was a certain horse

tell of some mark by which he knew him. The whole of his »evidence is simply pre posterous. He says first that the horse was going at the rate of seven or eight miles an hour, and then tells you a conver- sation which took place between the two persons in the wagon as they passed the corner. The conversation is; One says ‘I got the bugger that fired the stone.” The othersays “‘Lhavehim,” ete. Allthishesays took place as they passed the corner. He was standing thirty yards off, and they were not directing the conversation to him. — It was an extraordinary occurrence and Paddy Hand had extraordinary hearing power. He goes on-further, and says that he made this known to Marshal Flynn, and the Marshal corroborates him to a certain extent. But it seems most extraordinary — if he did make it known—that the Marshal should send him out the Malpeque Road to look for Millner’s horse, instead of sendi

him to Miliner’s yard. Now, I am inclin

to beheve that he never mentioned it to the Marshal, because Policemen Heartz and Warren came here and swore positively that he never mooted it to them, and, if he did, they would go directly to Miliner’s. But what do we find our friend Paddy deing? Driving the officers through the country. For what? To look for Millner’s horse? No; he never mentioned the name of Millnerto them. We find them driving out the Malpeque Road, and taking in a circuit of country to the extent of fourteen or fifteen miles. Strange to say, when they passed McDonald’s tavern, they found a track which led to Dockendorff’s gate. When they arrived there, on inquiry they found

‘creatures from the Bog come here and | that a wagon had been out that night. gas A few Advertisements only, received® testify that the wagon was entirely differ- What sort of a horse? “ A« : *' ent to the wagon which my client was driv-| Do you see, gentlemen! I will

” one.”

to point eut who fired that fatals fear I might fail. Neither a reputation cf anyone un | and

without being able to explain the reason ovr .

2 es

ee mmeemmen