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(Senate
Sales Agents of the Daily Examiner.
Tur Darcy Examiner is for sale every day en the trains east and west, and at the follow- ing places‘——
H. A. Harvie, Charlottetown.
A. D. Haszarp, + T. O'CoNS BLL, es T. L. Coarpeixs, s S. T. Ne.cmes -
P. N. Pate, cor. Pownal aud Euston streetr, |
G. A. AITKEN, Georgetown.
D. ScrmeRrcanp, Souris East.
A. McAcvtay, Head St. Peter's Bay.
D. Eeax, Mount Stewart.
H. Barer, Southport.
Gro. O' Neri, Halfway House.
Mortox 8S. Hugurs, County Line Station.
Koucnp Campre.i, Prince County Book- adore, Summerside.
W. D. McNett, Alberton.
Jous J. Ansneavx, Tignish.
THe Datty EXAMINER,
— ee eS
~ FEBRUARY
The Alley-Duchemin Case.
Tats case has excited great interest. It
is considered by the manufacturers that if the Dachemin Bros. are driven out of their
property, under the circumstances set forth by Mr. Alley, any or all of them are liable to be treated in the same way by any wealthy mau who may choose to take the Nor does their fear For if a rich man
same proceeding. seem to be ill-grounded. may build a fine house close up te the line on which a factory has for years been in operation, and then finding the smoke and noise a nuisance, may compel the mannfac- turer to close his factory, no manufacturer is secure in his possession. Every one of them is at the mercy of any fastidious or captious neighbor rich enough to stand a law suit, because every factory in which machinery is used and smoke and noise issue is, of necessity, disagreeable—a nuis- ance—to those who live near it. The Duchemin Bros. having, without let or hindrance, made their smoke, and noise, and dust, fur the past thirty or forty years, are now naturally disinclined to move away ; and, it is reported, that they are deter- mined, if necessary, to appeal to the high- est courts before they do so.
>. <2 +o
“CHEER UP.”
ae
Unper this heading, the Hon. W. H. Howland writes to the Monetary Times to aay that he thinks ‘‘long faces have ruled long enough.” Mr. Howland says it is especially ‘‘ absurd to see that this long- facedness has extended eren to official peo- ple in all branches, who, with their salaries regularly paid, appear as much affected by this sad depression as the merchant and la- borer, and yet add their quota to the miser- able whining which unscrupulous people and usurers hope will result in bringing about some financial disaster which may give them some picking.” Mr. Howland thinks ‘‘ business matters are brightening, and that there is enough of encouragement in the circumstances of the country to make us take hold confidently, pull together more, be less suspicious about other's stan ing, and at all events to put on 2 more cheerful appearance. ”
SUPREME COURT.
Fes. 10, 1879.
The Queen vs. Colin Pearson—Indictment for forgery. Arraigned. Pleaded guilty.
The Queen at the prosecution of the Queen vs. Charles Horriel—Indictment for forgery. For the Crown, the Attorney General, C. Palmer, Q. C. ; for the prisoner, E. Hodgson and F. Peters.
Tae Atrormney GeNexaL—This is an indictmeut for forging two several cheques —.one for $120.64, dated Nov. 22, 1878, drawn in favour of James McLean, and
signed by Angus McDonald; the other for| &
$80.90, dated Nov. 22, 1878, drawn in favor ef James McLean, and signed Angus Mc. Donald. The prisoner presented the first cheque, and was caught while endeavoring to cash it. He told a false story to the Cashier of the bank and he gave the false name of Jamas McLean.
Grorce McLrop, sworn-—Testified that Angus McDonald had an account at the bank, and drew cheques. Saw the prisoner after the cheque was presented. [asked him how he came by the cheque. He tuld me his rather was also named James McLean,
and that the cheque had been given by Mc-!
Donald to his father in payment for some potatoes. (Identifies cheque.) After seme further conversation I had him arrested— (identifies Mr. McDonald.)
James Weruncton McLeop, Ledger Keeper at the Union Bank, testified that on the 2lst December the prisoner presented a cheque to be initialed. I took it to the Cashier. Icame back and took the prisoner into the inside office. (Identities prisoner.)
Marsuat Frysn—I arrested the prisoner on the 2lst December last. I found on his person money, keys and a cheque. (identi- ties cheque for $80.90.)
Anovs McDoynatp—Live at West River aad speculates in produce. I know Horreil. His tather (William Horreil) lives at North River. I never had any business with him. James McLean lives about five miles from me. I never gave James McLean a cheque in my life. The signature on this cheque (the one for $120.00) is not mine, though it bears a very good resemblance to it. The cheque for $80.90 is not so much like it. I never gave Horreil a cheyue.
J.| Bank vs.
———e
Joun SELLARS identified the prisoner as Charles Horreil, son of Witham Horreil. Never knew him as James McLean.
Mr. Uoneson, in opening the case, said there was not proof of the uttering of the $80.90 cheque,and contended that the mere possession of the cheque was not proof 0: forgery. With regard to the $120 cheque ; it was signed ANnevs McDonaLp, @ ditfer ent name altogether to that mentioned 1» the indictment.
The Jadge took note of the objection. —
Mr. Hopason said that the prisoners version of the case was that he purchased the cheuue, and he supposed the money could only be paid to the person men tioned in it; and so he told the Cashier & lie. They were not there to try the prisone)
lfor telling a lie; and the Counsel con tended that, admitting all adduced by ti
| prosecution to be correct, still there waa i reasonable doubt that the prisoner Was guiltless of intent to defraud the Bank.
James Crossy, sworn— I gave the prison- er two cheques about the Ist of November. These are the ones (identifies cheques.) | got them from William Ranton. 1 worked with Ranton two years. Horriel gave me money for them.
Cross-examined by Mr. Palmer—! only got two cheques from Ranton. If { swore in the lower Court that I gave Horriel five cheques, I was confused. Horriel gave me 60 for the two cheques. Ranton owea me about $100. I gave Horriel the cheques en the North River Road- sometime in October, about the Ist, I think —-Novem- ber, L mean. I got them from Ranten in Charlottetown, about the last of October. He was to give me $150 or $160 more. ] was fetched to the Magistrate’s Court _be- fore I bad time to ask Horriel for the bal- anee. 1 left off working for Ranton about last October twelvemonth.
MarsHat, Frynn—He disappeared from the city about last November twelvemonth. He has not, to my knowledge, retmrned to the Island since.
Eppisox Dawson—Knew Ranton. Isaw him last in August, 1877. I have been looking for him since, but have never seen him.
The Attorney General closed the case ; and the jury rendered a verdict of ‘*Guilty.”
Fre. 11. VERDICT IN THE ALLEY-DUCHEMIN CASE.
The Special Jury in this case having first
presented their ‘‘ little bill” for mileage and attendance and received the cheques, an- swered the questions propounded to them as follows :— 1. ‘* Whether the plaintiffs enjoyment of his dwelling house, mentioned in the bill, was sensibly diminished by the nuisance (if any) carried on by the defendants ?”
Answer—It was.
2. ** Whether the working of the machin- ery used by the defendants in 1853 made as much noise as now proceeds from the ma- chinery used in the present factory ?”
Answer—lIt did.
4. ‘* Whether the noiso and vibration felt or experienced in the house in which the plaintiff resided in 1853 was as great as the noise or vibration felt and experienced in the present house ?”
Answer— It was not.
5. ‘* Whether the plaintiff's enjoyment of his property was sensibly diminished by the sinoke issuing from the defendants’ present factory ?”
Answer—It was not.
6. ‘* Whether the plaintiff's enjayment of his property was diminished to the same ex- tent by the smoke issuing from the factory used by the defendants in the southeast cor- ner of his lot from 1872 to 1878, a&_*t is diminished by the smoke from the pi Cent factory ?”
Auswer-——It was diminished by the smoke issning from the factury used from 1872 to 1878.
‘“Whether the plaintiff's enjoyment of his property (if it was diminished) was diminished to the same extent twenty years ago as itis diminished by the working of the present factory.”
Answer-—lIt was not.
The Queen at the prosecution of the Union James Crosby—Indictment for forgery. For the prosecution, the Attorney General and C. Palmer, Q. C.; for the prisoner, A. A. McLean and F. Peters.
The Attorney General said, in opening, that two cheques were, some time ago, iven by Angus McDonald to Messrs. White and Dockendorff, of North River, which, no doubt, were the originals from which the forged cheques were copied. The prisoner, in his evidence in the lower courts, stated that he had given three other cheques to Charles Horrie’: and three other forged cheques were actually passed at the Bank. But as the persons who uttered them were not known, the action could only be brought in the case of these two—which had heen obtained from Charles Horriel, and by him received from James Crosby -—- the prisoner at the bar. George McLeod, Marshal Flynn, and Angus McDonald identified the cheques (as the forged cheques) taken from Horriel; and Horriel testitied that he got the cheques from James Crosby. Witness lived with George Dockendorff till the 21st December, aud he got the cheques from Crosby about 2 month before. Sometime before that he got from Geo. Dockendorff $20, which he gave the prssoner for the cheques. He got the $20 for wages—perhaps to buy the notes. He gave $60 for the cheques; and was to pay the halance to the prisoner, when he cashed them, with the exception of about $10 which he was to receive for his trouble.
Mr. Peters said, within twenty-four hours, Horriel was convicted of forging the cheques. Now, the prosecution want to have Crosby convicted, too. This was certainly compre hensive justice. But it is impossible that, if Horriel were guilty of forgery, Croaby could be also guilty. Crosby may have uttered ‘them, but it must be proved beyond a doubt | that he knew they were forgeries when they did so. This has not been done, and the pris-
oner myst be dyscharged, or else the verdict
THE POTATO BUYERS OF 478.
me. The Attorney-Ceneral summed up the svidence on the part of the Crown. : Verdict, ‘‘Guilty of uttering forged notes. AFTERNOON SITTING. Patrick Clerkin %s. Ronald - McInnis. Action to recover damages for injuries done v plaintiff's horse, on account otf negligent iriving on the part of the defendant's = for the plaintiff, Neil McLeod and Peters; fur the defendant, Davies & Suther-
land.
ec
Cee enneennene mene
The Carnival.
Tux all engrossing subject, just now, 1s he Carnival, which 13 to take place In the Jitizen’s Skating Rink on Thursday even: ng next. ‘The Rink is being suitably <dec- orated for the occasion, and, to judge by che number of entries already made, this Sarnival bids fair to surpass any of its pre- decessors.
eae ene ame = nnn Small-Pox at Alberton.
Norwirusranpina the severity of the weather, small-pox continues spreading in Alberton, and the residents of that village are much alarmed for fear the 1n- fection may become general News has just reached the city of the death of Mr. Allan McDonald, one of his sons, Mr. McLennan, and Mr. McAldufi, ‘who are victims of the disease. Allof Mr. McDonald’s family, and a child of Mr. Me- Alduff, are lying with the disease, and it has spread to another family.
The Licensing Board.
The members of the Licensing Board—- Messrs. Dawson, Quirk and Fraser—met at the office of the chairman last evening. Seven applications were considered, and licenses were granted to Mrs. Ellen Ma- haffey, Pownal street; James O'Reilly, Dorchester street ; and John Kelly, Grafton street. ‘he applicationsof M. A. McLeod, Kent street, and Mrs. Offer, Queen street, stand over till the next meeting, and thcse of Jobn Bolger and Charles O. Winkler, Water street, have been refused.
At this meeting the Board agreed that all licenses granted on and after the 19th of December, 1878, have a condition or stipu - lationthereto, tu the effect that ‘‘this license is granted subject to the ‘Scott Temperance Act,’ coming into operation in the city of Charlottetown; and, that if said act does so come into operation the license shall ter- minate, and in such case the proportion oi the license fee for the unexpired term shall be refunded to the licensee.”
— Po —————
The Potato Buyers of ’78.
The following, clipped from the Boston Journal of Commerce, puts the whole matte: into a nutshell, while, unlike most poetical effusions, it contains as much truth as poetry.
Money was made in the potato trade last fall, AND MONEY Was Lost. The FARMERS made money while the SHIPPERS lost; but, re- membering the old adage ‘‘Let those laugh who win,” we now give the poem a place, im the hope that it may prove acceptable to our farmers, while, fur the present, we fear our shippers must content themselves with what consolation is to be derived from the wish, which we express, of ‘‘Better luck next time :”
AN IDYLL OF PRINCR EDWARD ISLAND.
Dedicated to the Members of the Produe2z Deal- ers Kuchange.
’Tis of Prince Edward Island a tale I would relate—
Of the great rush for potatoes in the fall of '78,
When the merchants’ hearts were failing, and the shipbuilders were sad,
And the farmers thought that everything was going to the bad ;
When barley, oats and turnips barely paid for harvesting,
And the fishers homeward wandered, out of heart and out of tin.
Then from the port of Boston came specula tors three, —
And sat them down and gathered in potatoes guietly.
For five and twenty cents they bought, as had been cone of old,
But a fourth and fifth came rambling in before the scent. was cold ;
And all the farmers chuckled, and waxed botb blithe and gay,
When ‘‘spuds"’ went up to thirty cents the second market day.
Henceforth, with every boat and car tronged in the buyers trim :
They were large and small, fat, short and tall, and spare and large of limb ;
But they *‘kept the ball a-rolling,” and the prices grew and grew,
Till Early Rose and Jacksons prime brought over fifty-two,
And he whose fortune ‘twas to ‘plant potatoes in the spring
Waxed full of purse, and wanted, not for any earthly thing. :
So, he who feared a famine spent his Christ- mas with good cheer ;
He that before was sick at heart knew not of care or fear
And would the Muse could record that the buyers prospered, too;
But we fear, with costs and charges, and slow sales at eighty-two,
That ‘* virtue was its own reward,” and buy- ers did not thrive
Who bought potatoes late lact fall as high as fifty five.
oe.
ainst Horriel muet be set down as 4 wrong |
NOTICE.
year, In co iformity to the provisions of a by
aT 4. F. TOMLINS, Clerk of the City Court. Feb. Il. fo Invantors ani fesnanics.
——
se a and how to obtain them. Pamph- L let of 6Y pages free upon receipt of stamps ior postage. Address a GILMORE, SMITH & CO., Solicitors of Patents, Washingtoa, D.C.
130 Quintals Prime Codiis?, CHEAP FOR CASH. Wright & MacGowan,
Queen’s Wharf. Febraary 8, 1878—taw for 2m
| CATARRE. Constitutional
——
Catarrh Remedy
CURES CATARRH.
Hear what a Reverend Gentleman soys of the Constitutional Ren.edy.
T. J. B. Harpine, Esq., Brockville, Unt.:—-
Dear Sin—It is now two years since your “Constitutional Catarrh Remedy” was intro- duced td me. I have waited this long to see if the cure would remain permanent before do- ing this, my duty, to you, as at first the happy efiects seemed to me to be ‘‘too good to be true.”
1 was afflicted in my head tor years before I suspected it to be Catarrh. In reading in your Circular I saw my case described in many par- ticulars. The inward ‘drop’ from the head had become very disagreeable, and a choking sensation often preventing me from lying long, i would feel like smothering and be compelled osit upin the bed. My health and spirits were seriously affected. When your agent came to Walkertown in August, 1876, I secured three bottles. Before 1 had used a quarter ot the contents of one bottle 1 found decided re- lief, aud when I had used two bottles and a third, I quit taking it, feeling quite cured of that ailment, and have not used any since until of late I have taken some for a cold in my head.
A sense of duty to sufferers from that loath- some disease, Catarrh, prompts me to send you this Certificate, unsolicited, with leave to make what use of it yon may see proper. Yours truly,
W. TINDALL, Methodist Minister.
Port Elgin, Ont., Aug. 24, 1878.
Ask for Littlefield’s Constitutional Catarrh Remedy and take no other.
T. J. B. Harprxe, Dominion Agent, Brock- ville, Ont.
For sale by all Druggists at only one Dollar per bottle.
ROPE. SIX TONS MANILLA,
different sizes,
at Factory Prices.
Wright & MacGowan,
Manufacturers Agents, Queen's Wharf February 8, 187S--taw for 2m
A GREAT RUN
—TO THE—
FLOUR & TEA STORE!
And it cannot be stopped while they are selling
SUCH EXCELLENT TEA
For 36c., 40c., and 44c. per lb.
GOCD SUGAR
For 7ic., 8¢c., 8}c., and 9c. per lb.
CHOICH FLOUR
From $5.50 to $6.00 per bbl, and
OTHER GROCERIES
RIGHT CHEAP.
aa Save your money by buying at
BEER & GOFF’S,
Uh'town, Jan. 17—
McKAY'S LIVERY STABLES, |
Tse Halifax Herald asks :--How is it that Baltimore is getting so many new steamship | lines, and Halifax so few? Surely Halifax! business men must lack ener,y. The Balti- | more Journal of Commerce says :—‘‘ Four new | steamship lines have lately been announced to begin running from Baltimore shortly, and it is now reported that arrangements for the fifth | are being made.” And this in the face of the | fact that several of the Allan as well as other lines of steamers, have been detained there on several ovcasions by ice, even during the pres- | ent winter. No such trouble ever occurs here, and why is it, with such a fine harbor always open, and the Intercolonial at our back, that we allow ourselves to be so distanced ?
! }
HORTH SIDE QU: EN SQUARE. | | Serer’ CLASS Single and Double Teams to hire at shortest notice.
TERMS MODERA'E.
es ad sat at J. FP. McKay's promptly a
Ch’town, Dec. 30, 1S78—
BYOTIC 2 is hereby given that prosec ution | N will be immediately commenced against’ ul persons who are known to be in the pos- session of DUGS and who have uet registered | them and paid their Dog Tax for the current |
iaw of this city, passed 4th December, A. D.,
A. J. MoKAY,.
Ocean Sieamship Prince Edward Island,
VHXHE ANNUAL MEETING of the Ocean Steamship Company of Prince Edward Island will be held in the office of Peake bros. & Vo., on WEDNESDAY, the 12th day of March, 1579, at 7 o'clock p.m. GEO, PEAKE, See’y. Ch’town, Feb. 8. 1879.—4w 2i a w
NOTICE.
rFNHE ANNUAL GENERAL MEETING
of the Shareholders in the St. Laws rence Marine Insurance Company will be held at their Office, in Charlottetowa, at 3 o'clock, p. m., on WEDNESDAY, the 12th day of March next, in compliance with the Act of Incorporation. By order.
FRED. W. HYNDMAN, es : Sec’y, Ch’town, Feb. 8, 1879—1law till date.
FLOUR!
926 bbls. ‘“‘GREENHOLM,” 100 bbls. ‘‘ CAMLACHIE,” 160 bbls. ‘‘ NORVAL.”
A consignment for sale at a b i a _ 4 bargain, for
| Wright & MacGowan, Queen’s Wharf. Februagy, 8, 1878—taw for 2m
NOTICE.
WING to ill health I shall be unable te return to the Island before March and I would respectfully request my customers te reserve their orders until that time. Mean- while — party eins to communicate with me can do so addressin Post Office box 88, oe aa JOHN H. CATHRAE Agent for Reinach’s, Nephew & Co, Tens, London, England; Wilson, Matheson & Co., Dry Goods, Glasgow. a Feb. 3, 1579—6i pat 2i
COAL!
10 Tons Round ‘‘ACADIA MINES,” y and a smaller lot of NUT, at our usual low prices.
Wright & MacGowan,
QUEEN’S WHARP. Ch’town, Feb, 8, 1879—taw for 2m
ileal Cash Sal
— OF...
DRY cooDs,
CLOTHING, ETC
The Whole Stock in Trade OF THE LATE ROBERT ORR,
—TO BE—
SOLD OFF AT COST,
CONSISTING IN PART OF—
Dress Goods, Shawls, Mantles, Millinery, Silks, Velvets, Hosiery, Gloves, Linens, Winceys, Shirtings, Sheetings, Prints, Grey and White Cottons, Hats and Bonnets, Furs, Blankets, Flannels, Pilots, Beavers, — Coatings, T weeds, etce., ete. ete.
Readymade Clothing
Hats, Caps, Linders and Drawers, Scarfs, &e.
ee
Cotton Warp, Small Wares, Xe,
The above Stock must be cl ed from this date, and our Sesbemanh wih a
public general] : Re ee eet gen gg
John McPhee,
Administrator. Charlotictown, Feb, 4, 1879,
--—— ~~