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In ‘Memoriam THE MR5. J. W. HODGSON.

The death occurred at the Prince Edward Island’ Hospital on Sunday morning of Eliza J. Hodgson, .widow 011116 late J. W. Hodgson of HM. customs. 1

The deceased who was a daughter of the isle John and Mary A. Currie was born in this city '13 years ago and although of s. rather retiring and quiet disposition enjoyed the friend- ship of many dtizens who will be grieved to hear of her passing.

She was a life-long and faithful member of Trinity United Church (formflrly the Methodist) from when“. the funvra-l will be held at 2.30 on Thursday, subject to the arrival of her son Edward from New Haven.

The 1st; Mrs. Hodgson leaves five sons who will ions cherish the me- mory of a kind and loving mother. viz: Stsinforth, Winnipeg; Edward, New Haven, Conn; Albert, Swift current, Sask.; Ileith, Accountant of the Bank of Montreal, city, and clsrenoe of the Canadian National Express staff, also of thn city.

One brother, Mr. John Currie of Halifax and a sister Mrs. James Stewart, city, survive.

Mrs, Hodgsons husband pro-de- ceased her about four yam-s ago.

To the family and relatives of the deceased The Guardian extends heal; felt sympathy.

"+o-o4+o-o-o+o+o-o-o+o-o-o+o-o-o+o-4 DR. J. P. MILLAR

DENIAL SURGEON _ Corner Queen and Richmond

norms-e u izso. i an us.

O4 Q1 4-O-O-O-O-OPO

_ l s

Queen

Hotel

Since taking over this , Hotel we have spent many thousands of dollars in

repairs and improvements. It ls now the lines! Hotel 01 l" class in the Maritime Prov-

4191

Rizal: Ch e Traverse. This is the sccond Same of the League. 4191

BURNS

(Continued from page one).

Prince Street School Concert will recall how well she can do it. She was accompanied on the violin by Miss Kathleen Homby, with Mr. Fletcher at the piano. MlSs Hornhy later gave a lovely violin solo “The Blllc Bells of Scotland" (theme and variations). Miss HOPIIIJYS violin Plflylng is remarkable for the clcli- cacy of her bowirg. and the purity of her tone production;

"Alllus Mscvicafs Visit" was next given by Dr. Green. 'I'h.'s “'83 the bat and most original selection which the writer has ever heard Di". Green lcad—and he.has heard him read some excellent things. It. is to be hoped he will see fit to repeat it. at other concerts in the near future. Later, he sang "Buirnies Cuddle Doom." a charming Scottish diillcct piece.

The Celtic danc» ,"Sealm Ti-uib- has" was next most beylutifully danc- ed by Miss Helen‘ Macllfiiislrl. The dance h a. nlost graceful ono—quite belyilig its name which, in the lan- guage of the Sassenach, mean; “Old

pPfillilSl"

~ The well known and spirited solo “The March of the Cameron Men." was next sung by Mr. Ben Acorn with true martial vigour-and of course ivilli the iurity of tone pro- duction foi- which Ml". Aconl is so favorably known.

Then camc the concluding number by lifacFadyelrs Gaclic Quarlcttc. it consisted of two Gaelic songs, which were splendidly rendered and heart- ily enjoyed by the audience, whether they understood Gaelic 01' not. The first number, the writer did not recognize and the names were not printed on the programllle, but the second was the popular number “Flnr na Bhata."

WESTERN GUARDIAN

—-HOCKEY MATCH Rink, Friday evening, gldgiieql’; Cape TIBVBTBG. Thls l5 the ggcgnd . game of the League,

—IIOCKEY’ MATCH at Bedcque ni -F'"d“l’ f-‘Vfllllnfi. Bedcque vs.

A delightfully humorous reading '

f . _ i Central _G_i_1ardian

. BBOOKEIELD-Tbs ‘illC Brooktleld congreg

xivar at 'l p. m.

VMAID OI‘ DUNDEE-Mrs. F. Nash WlIO sill sing the "Mam o; mmdui- at Burns’ concert needs no commen- dation to a Charlottetown audience.

Hear her tonight and Friday. 4092

cums: mvlla on Sunday, Jul.

27th there will be Sunday School m

i.“.°..f’§f"li°;“§. 32"?“ “° ‘m’ . . ~ o Pg

meeting at 11 a. m, u“ 0pm!

"HORSE RACES at A d l “OKefles Lake" Saturday Jarrfugsln? lII not tine the following Wed." 4185-1-28-11

BBADALBANE-On Sunday ....;. 2m. there will m. service in n; Pres- ibyterian Church Bradalbane at 3 p.

‘ _ Till. GAELIC SONGS by Macfnd- ilcns quartette will delight all lover-g

0i’ Ville ancient Celtic tongue. "She'll - )9 spake Paradise in tays o’ auld $118 Syne. Burns Anniversary tonight and Friday. 4193.11

‘ FUNERAL NOTICE-- Funeral of i the law Mr. Richard Stead will take place on Saturday, January 28th at 1.30 p. m. from the l idencq or Mr, Henry McQuarrie, Winsloe. -

OUR OLD FRIEND , Mr, Mai-tin Power, will be with us againvthin yeug Mr. Power is a host in himself-grid that's that. Burns anniversary to- night and Friday. 4194

TItYON-Tilere will be service in the Presbyterian Church North Try- on on Sunday, Jan. 27th at 11 a. m.

IF. AS SHAKESPEARE SAYS, good wine needs no bush. it is no less true that Mr. Ben Acorn needs no advertisement. Hear him sing "The March of the Cameron Men" again tonight at Burns’ Concert.

4195-1l‘ I

THE POLICE COURT-At the p9- llce court yesterday morning a cus- toms and excise case was dismissed. A man charged with indecent expos- ure was given six months in jail with orders to leave the Province when released, as he is not a native of it.

THE CHARLOTTETOWN FOLLI- ES-An entire change of programme took place last night in the popular “Charlottetown Follies‘. In the new show. solos and Scottish dances are pictured. Miss Mabel Lynda and Mr. Frank Lynds took part most accept- ably in a scene from Ramona, their fine voices blending excellently in a duet. Miss Dorothy Kirkwoodidanc- ed several Scottish dances most gracefully and beautifully.

Nearly every nllmbzl" on the pl"o- gramnlc was heartily encored.

It, only remains to pay a tribute‘ of praise to Mr. W. E. Fletcher, tllc W91] known and liitisi. capable or-g ganist of Trinity‘ Church. to \\'l‘iO‘.l‘i' in large measure‘ the success of the concert was due. '

inc-es. It appeals to those who want a comfortable Hotel and splendid table and excellent service at s. moder- ate price;

Bates from $3.00 io $4.50 per day. "

Charlottetown Hotel Co" Ltd.

_ Proprietors was L. McQUAlD, luaiimr. 1

l l l

this paper. . r". DFDONALI), cant! Classified Advertisements

Female Help Wanted

i.._.____---—- MAID WANTED. -— APPLY l" Pl-incg 39,. ,4l'12-1-24-3l

WANTED-WOMAN FOR GENERAL housework. Plain cook. References. Apply Box I16 "Y” Guardian.

4i0B-1-2l-ff

AAA‘AAA

-;_-

- Miscellaneous

ALFRED MACDONALD. Surveyor, Hermenvllle. l086-l2-l-Imo.

mo. Land ‘l. P. E. I.

SHIPPING TAGS, EXPEDITIOUS- 1y supplied. Guardian Job Print- m. -

umo Arm MOUIINING

IIAI cords at shortest notice. Guard- ian Job Prfntery.

serving of great credit for the splen-

tonight.

mly tcllln in the collllncrcial lcaguc to n. gulllc on Bowling Alloys any night next wcck exccpi Monday.

socks-loi- sale. m. Prince Street-f)

FOR SAI.E—PURE BllED PLY-

FLOUR MILL FUR SALE. ALL

Captain lVlscDougall, too. ls de-

1 did bngpipc zicconlpnniirenis he fur-l nislled for the dancers. l

Tho performance will be repeated

IIOIVLING (YiiALLlING-E Wo Llio. undersigned team from P. r. MacDonald's do hereby challenge

tho Charlottetown

P101159 ncpept challcllgc illffluglli

..... Ion per lino of I worrl Do o'er iins of b words lo per line of 5 words 7o per line of l vvordl

Wanted

WANTED-SECOND HAND SET of Counter Scales.‘ Apply "A" Care Guardian. 4l82-l-26-li

For Sale 4171-1-25-(11. 1

Rock cockrels, Apply 5 4165-l-23-3i

mouth Grafton st.

the machinery. ipulleqrs, shaftings. beltings, etc. of a fully equipped roller process Ilour mill. The mill has three doubl. stands one No. I plansifter, one N0. 3 centrifugal reel, oric No. ' dust collector, and one No. 0 smuwir. This lnlll can

UOIIIBIONDINOI CARDS AND

threw. ui address printed- Jan

for acknowidfll!‘ mini. intimation, etc, Guardian m ~ "-

t.

To RXOIIANGI. I00 A0553 WILD -, llhdat Coleman for Western Can- oes land. Abbi! n. L. Deacon. eon

- mum. . ¢. ma. (Old-l-id-i-mo

l CIIMITH. AP-

Iranian-s am " 91v P. .1. seamen forgo, Kent It» mun haul. alva-i-al-ai

mwx$ia§iaia'"u""'r$;iu. gm ~;g3g=,,,,,§;_'- "m" . . »Mf:"" ‘l ~ - dldl-l-frttuedwil- M. . pmimwfh": Boarders Wanted mes - ~ » - .-. ' - " nuoaarso \aiobiilnlggnfigomlidflvgumkm ' u - - . \ _

_ "!lc.4‘ .~ i", ~ ’~ "_ . . , _.,

FOR BALE — BIKE SULKY.

Abbies and Vics Tonight

Tonight at the local Arena the Abbies and Vics meet in the last game of the first section of the Prince Edward Island Hockey Lea- gue.

From all reports the game tonight will be fast and spectacular through- out with the Vics trying to redeem, themselves from their first game with the Abegwelts. and the Abbies de- termined not to let them do so. So with a hard sheet of ice promised and both tcams waiting for the word the fans are in fora little more than their money's worth.

Tonight also. the Intermediates got under way when the 2nd Abbies meet the 2nd Vics. This game also will be a. humdinger as both teams are very evenly matched.

Dying from a mysterious disease. sparrows. which once were plentiful on Fair Isle, in the North of Scot- land, have p “ lly disappeared.

C I '

Thc East and West will resume ac- tivities tomorrow afternoon and ev- ening and will celebrate the happy occaslonlby a. supper to which every member is invited. This is the second clash between these teams and it is hoped that the players will be well enough to be out in full force and that the East will show the West some fine points of thc game.

It is expected that arrangements will be lnade for the Bonspiel, pos- sibly next Thursday, which will in- clude both Montague and Summer- side. This meet will be held to decide the future holder of the Ciaboury and McArthur cups. and will undoubtedly be one of the finest bonsplels of the season. .

Tomorrow will be an excellent chance to practice up for these big events.

BIRTHS

be “ ‘“ at a. bargain. Austin A. Tue" Fmhw" P‘ "".,fi“,‘?,“.‘§.,-., BOISNEIL-Boin u» w. sail Mrs. ______i _ ___ Charles Boisner. Edward Street. Articles For Sale §l'..f““"..ii'.‘.§’.;,.‘.f”°" ‘mm’ My “d TL LET-TWO FRONT, ROOMS. DEATIQ

XLJ

well heated and nicely fu-

A ommodation for 4 people. Par- ker House. Kent St. -4007-l-l6-tf

strong for ice rscins. Pflllld "l- sonable at Gallant Bros. Forll. Charlottetown.‘ 41894-2841

POI. lALI-SLEIGHS. “FRANCIS” Auto Sack Cutters. The same well- known run and construction. with i920 graceful body lines; designed for style and comfort- Pflcel lhd

TIIAINOII. - At Auburn, Jan. 24th. i020. Katherine Trslnor, daughter of the late James ‘Prslnor. Funeral Sai- urday morning at 0 o'clock to Fort Augustus cemetery.

WOOD-At Alexandra. Jan. 4th I989. Anita Joyce. infant daughter of Mr. and Mrs. Wilbur day st 2 p. m. _,

Wood. Funeral Ill-i-

only service in stion on Sun- day. January 21th will be at Hunter

ABUUITTEH

Jury Brought. in Ver- dict Yesterday After One and a Half Hours Deliberation.

At the Supreme Court yesterday the Jury, after deliberating for one and a half hours, found Emman- uel Mallet the prisoner accused of stealing foxes from the ranch of Jas. E. Simms at French River. "Not Guilty." '

The Court resumed at 11 a. m. when Bis Lordship Chief Jllsiioe Malhieeon delivered his chargc=to the jury. He spoke in part as follows: '

The Crown has done its part in this C888. and the defence has been put ln. Both sides of the case have been con- ducted with real and_ ability. Now comes‘ the duty which the court has to perform, and then that which the iurv has to do. The crime with which the prisoner in the dock is charged is a serious one. It is that on or about the 4th day of June, i938 the prisoner did break and enter the Fox Ranch of James E. Sims at French River stealing there- from six livs foxes.

Now it has been conclusively prov- en that the fox ranch of James E. Sims‘ was broken into that night, and that the foxes were stolen. From mid- night until the next day the events with which you are concerned occur- red. That same day of June 5th in a place remote from the scene of the theft at Ram Island, six young foxes were found and delivered up to the officers of the law, and that ev- ening they were back with their nio- thers ln the pen ail Mr. Sim‘s ranch. The principal facts are attested to by uncontradicted evidence-the steal- ing, the breaking, alld the filming of the foxes on ihc Mallett ranch. The action of the aofflcers ofthe lsw was swift and sure. They follow- ed up the theft with such certainty and swiftness that the crime was made useless by the foxes being quick- ly restored to their owner.

Constable Bigger was called “from Charlottetown that morning, and the same evening the foxes were back in the hands of their rightful possessors. Jn this Constable Bigger also took part. Yet while their action was quick and elective, through inexperience the Ldouble object in view was not quite attained.

Unfortunately, while they recovered the foxes’, their action toward the ac- cused was such that the Court must rule out part of the evidence. Con- fessions must be made freely and vol- untarily-and the proper precautions were not taken in this case.

So officers‘ of the law in future should l " r that when such crime is committed they have two ob- jects i_n view-first the recovery of the stolen property, and secondly. and most important, the detection and apprehension of the criminals.

Any evidence as to irregularity of procedure, arresting without war- rants, etc. must be dismissed from. your minds as totally irrelevant.

In this case there were three Mal- lets named; one of them: John, has disappeared, the second, Frank, was tried and acquitted, and the third is before you in the dock. There is a fourth man, Louis Binns, who touch- ed those foxes. He has turned Kings evidence, and he tells wpo were COll- cerncd in the crime.

He says that John Mallett drove into the ranch wherc he iBlIllISl ivas working on the evening of the fourth of June. Mallett asked himself and the prisoner to go for a. drive with him. Then they went to a house near Hamilton where they got two or three rounds of beer, then to Ken- sington where witness was absent for about one hour in s. drug store. Jack Mallet got a can of beer. Then they went down to French River, drove in- m a lane, wherelthey all three got out of the car. John, with rubber boots crossed a pond which lay in their path direct. The prisoner and he went up the brook by a roundabout route. When he and the prisoner reached the top of the bank John Mallet-Was in a pen taking out foxes. The foxes made s noise, one of them barked like a dog, and a woman in white appear- ed. - The witness says they went for foxes. and they came away with six foxes, in two bags. Then they went to Ram Island. John and the FY1505" and Binns went into the house there when Prank Mallett appeared.

The prisoner said that he had a ranch of his own. and that he did not want the foxes Tl? his own ranch.

9”‘ F'o'n' §t§uofignivsr

I \ ‘l; m ' D "roaomo

islvibsnl . L l

If you want the i

nasr COUCH ‘ MEDICINE

so Ne": allele vhf-l .".'.l..“..':l"-..;§c.. um;

l’ aiuadiii.

_-',, o‘ 1

P

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‘ Ahearn, of the Ottawa Hockey A880-

. i|_ ) I

Next morning the witness woke up at Travellers Rest. He was there in the car asleep.

NOW, if you can believe this story, you know who took the foxes. Binns states that he and the prisoner did not touch them. But the evidence as to their association with the man who took the foxes is enough to cause you to hold the prisoner and Binns,-if he were being tried, equally guilty with the man who did so. He who aids and abets ‘a crime is just as guilty as the man who commits it.

And my charge to you is this, that the evidence of Billns involves the Prisoner as much in the commission of the crime as if he placed his hands in the pen and took out the foxes.

There is another point of import- ance. If the evidence of Binns stands alcilc. and he is an accomplice, he docs not come into court under very favourablc circumstances. , Tile cvldcncc oi‘ an accomplice is to be regarded by the court. properly with suspicion, and while the Jury may -in their discretion, convict on tho evidence of an accomplice alone. lt is not a safe thing to do. The jury may accept the evidence; but the court would fail in its duty if it did not wam the jury to be careful of the evidence of one who comes into court with such abldt on his escutcheon. If you believe the evidence of Binns alone. the facts would be sufficient to enable you to llnd a verdict, but, if not, lhcll you will enquire if there is other evidence ill corroboration, and if so, if it is sufficient to enable you to arrive at a decision. There is the evidence of Simsfor ydifto consider. Here His lordship read extracts from the evidence of James E. Sims, relat- ing to the theft of the foxes. He pointed out that Sims described three mcn who he saw making away from his ranch. This evidence corroborates that of Binrls on this point. also his statement with regard to the large feet of one and the rubber boots of another. _ Tlleii he testifies that at the Lcalancl Itrancll, Biggai" and the prisoner had a‘ conversations behind the ha "u. Thai conversation you can- notkn w; bllt as a-result of that con- versation. the prisoner guided Big- gal" to WllEIC the stolen foxes AVOTC. Hence the prisoner lnusi have known where they were concealed.

They drove away in a car, and re- turned about 5 o'clock-from the place to which the prisoner guided them with sir: foxes in the back of the cal". Tlicn Sims describes how these foxes were received by their nlotllcrs as be- longing to ihc fanlily. ‘

His Lordship next rclld extracts fl"oln the cvldcncc of Constable Big- ar.

That is practically the evidence, You have to take it all. and if, after having considered it. you are unable to arrive at a satisfactory conclusion, you are to give the prisoner the bene- fit of the doubt.

But it must be a reasonable. one- one such as men sworn to do their duty, as you have been, must consid-

You have a heavy burden upon you. On the one hand, you must give the prisoner the benefit of cvcry legiti- mate doubt] On the other" hand, it is the duty of the jury to convict where the evidence calls for a conviction. Your responsi- bility for the peace and welfare of the country demands that this be done. Were it not so; were Juries t0 iflll 01 their duty in this regard. the eqil ef- facts would all too soon become 8D- porelit in a decay of that respect for law and order which is the founda- tion of our civilization. The jury retired at 12.50 p. m. At 2.20 p. m. they returned with s vcr- dict of acquittal. In the afternoon. the case of Mrs. Cousins vs. the Sheriff of Queens County was headed before Mr. Justice Hazard and a jury: This is on action for tresPB-BS m goods, arising from an execution lev- ied by tlie Sheriff against the goods of James Dixon. Mrs. Opusins is a sister of the defendant. and she claims that four sheep seized under the 6X- ecutioll are her propcrly- -

-Bentley, K. C.. for plaintiff. _ Stewart, K. 0.. and J. A. Macdon- aid for defendant. The court adjourned at 5 p. m. to mcct today at 10.30 a. m- ..

Franchise to be Transferre

(Canadian Press) OTTAWA, Jan. 24—Presldent Frank

elation. has formally notified Frank Calder, president of the National Hockey League, that it is his inten- tion to transfer the franchise of the Ottawa club to another city. next season ‘ahree’ ' ‘ ‘etacnotlm season. The team will play in an American city. not yet decided on. thus leaving only two Canadian cit- iesiwith three teams, Toronto, Mont- real and Csnadiens, m,» ted in ifseleakue.