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the old Union Bank they looked at the clock, and we have her companion, Miss Herbert, saying they came along Kent Street. Miss Scott says they met Miss Jury and Miss Baker opposite the old Union Bank, and Miss Her- bert says they came down Kent Street and met the others between Beales’ corner and the Post Office. The mail clerk proved that it was thirty three minutes past nine when the mail arrived that night, and it would take fifteen minutes to open it. So that 1t must have been about ten minutes to ten before they

asked for letters at the wicket. This tallies with the statement of Hughes,

who said he just got up as Chappelle was coming from the Post Office with papers. One of the young ladies said she must hurry home to be in before ten o’clock, so that it must have been within a few minutes to ten. De not allow mere sympathy to lead from your daiy. The Cenasei pave pictured to your mind vbe poet of Jounston's motaer, and the eilect a verdict of ‘‘guilty” wouid have on her; and it is a horrible picture. But your minds must be free from these feelings The crime charged is a dreadful one. There is another side to the picture. I might speak of the widowed mother, weeping over the bier of her murdered boy. But those appeals are out of place here. The horrid crime has been committed, and it is our duty to bring the criminals to justice and stamp out such crimes. This boy who was shut was poor ; but he was as dear to his mother as the rich woman’s son was toher. A man’s respecta- bility, wealth, or position in society is not to be weighed when he comes to be charged with a crime of this nature. If, standing as you will have to stand, before your Maker and your Judge, you can come to the conclusion that these boys are innocent, or if tiere is any reasonable doubt ef their guilt, tlea, in God’s Name, give them the henetit of the doubt. ——————s ALLEY Vs. DUCHEMIN. Fes. 5, 1879.

Mr. Justice Peters, presiding.

Matcoum McLeop, on behait of the plain- tiff, stated that Mr. Alley bought his place in 1853. In 1876 he built the brick house he now lives in. In 1846 old Mr. Duchemiu (father of the defendants) had a block factory, and the machinery was then run by horse power. In 1872 the horse power was replaced by a steam engine. From that time Mr. Alley could hardly live in his dwelling house on ac- count of smoke, dust or noise. After a time

, ow si 4 eoheay

a ——<

Toe Datty EXAMINER,

a ad

FEBRUARY 6, 1879. |

Grit Favoritism to Grit Con- tractors.

Ar the time the contract for the construc- tion of the Souris Railway Wharf was let to Messrs. Lyons & Chiverie, we felt it to be a duty which we owed to the public to expose the disreputable trickery which the

large tonnage; and the Railway Wharf which has always been expected to benefit the eastern portion of King’s County will, in all probability, prove an absolute and irremediable injury. ia

The people of Souris are justly indignant at this outrage, which is being perpetrated upon them. They have, however, the con. solation of knowing that the central figure in the job, is now powerless to do them any He has now the privilege

further injury. mental

of seeking repose from the excessive

Railway, owing to the large it would always command, That such Branch, I the further developement of the vor” which our people of Rustico must finally fal

‘back upon as a source OT wealth—and would

inaterially } giving them an

as a fertilizer ready and convenient to hand. Your petitionérs would therefore pray that

granta sum sufficient to construct the said Branch of Railway. In view of the fact that the part of our fishing grounds most prized by the American fishermen is the water of the North Side of this Island, and that the

anxiety which the ingenious and elaborate

Grit Napoleonic railway magnate eee

: ; . damonstrated | on that occasion. We clearly demon ares | did—in and dis tinct riclath hi Aart contradiction ot the law i

a a, er in Vl wccrs? 1 Mrect that dir. brycuges aire

and usages by which the party of unre-| deemed pledges always claimed they were governed during their administration—allow Messrs. Mooney & Co., who happened at that time to be especial favorites oi the “Organized Hypocrisy,” to withdraw their first tender for the above mentioned work siz weeks after the last day of the time for re- ceiving tenders for the work had expired, and to substitute another and a lower tender in place of the original. It was, however, on further consideration, found expedient, in the interest of Gritism, to pitch the tender of Messrs. Mooney & Co. overboard. This was an easy task to accomplish, as he, who for the last five years manipulated the Gov- ernment Railways in the interest of the now happily defunct Reform Party, is not very often troubled either by qualms of conscience or any other consideration which should govern the decisions of the chief of ficer of the most important department in the Civil Service of the Dominion of Can- ada.

As we remarked, Grit ledgerdemain suf ficed to effect the desired change. Messrs.

the machinery was removed to a building in the rear, and the nuisance was not so great—) but still Mr. Alley was annoyed by sincke, | steam and noise. In L878 a new factory was! erected on tue old site and within three icet of Mr. Alley’s house. When Alley heard that it was to be erected he offered to buy out the Duchemiu property, but the price asked was 80 exorbitavt that Le could not think of giving it. Living in Mr. Alley’s house whie the machinery in the new factory is running is simply iutelerable. ‘There are two maxims of law founded on right in which the plaiutif in tiis caseresis: ist, Lhat aman must so use his own property as not to injure his neighbor. 2ad, ‘That every mau has a mgat to breathe the air of heaven-—pure and uncontaminated. Mr. Alley is entitled to breathe the air as pure @3 it can be had in town, and Mr. Duchemin has no right to annoy his neighbor with smoke, cinders, steam, dust and noise by which ordinary conversation is diminished and tie bedrooms are rendered perfectly uninhab- itable. ‘Lhis is the contention. :

The deposition of Dr. Jenkins was read to the effect that living in the house while the factory is in operation is unbearable.

Wittiam Dopp, sworn-—Testitied that the last day he was at Alley’s was the 30th July. He was also there on the Ilth June. He could feel a vibration all over the house —m the back part more than in the front. The vibration shook the utens:ls in the kitchen. He could hear a drumiiug noise in the house. On the tirst visit the breakfast room was full of smoke from the chimney. ‘The dining rooms and other rooms were smutched on account of the smoke. ‘The smoke was of very disagree- able, suffocating smell, which remains in the drapery, etc., alter the smoke clears away. I would not live in the house.

Cross-examined by Mr. Hodgson, he would not swear that the smoke came from the chimney of the new factory on the 11th of June. He did not see smoke come trom it.

W. W. Srumepces testified that the noise of the new factery was much more disagreeable than that of the old.

Kopert Younce testified that he had observ- ei the noise and smoke. °

Joun ‘i’. Morris, sworn—Testified that he had been nearly Gv years a resident of Uhar- lottetuwn ; that he had been at Duchemin’s factory on the 20th of July last, and Alley nad requested him to go to visit the house. He heard a noise proceeding from the machinery in the factory. lie would not like to live in iton account of the noise. He would not take it as a present as long as that machinery is there.

Tuomas Brenavut, s¥orn—Said that he was at Alleys on the night of the 22nd of July ast. When he awoke he heard a very sha p pierc- ing sound with a low rumbling noise, loud enough to attract attention. He went out in front of the factory. ‘The door was open and e circular saw was ripping 3-inch hard-wood

k. He was satistied it made the same sound he heard inthe bed room. Tuere was noone to call his attention to it. He went back in the afternoon, and the sound con- tinued.

Jaskzs Reppin testified that he was at Alley’s house on the 19th August, and that he heard a loud buzzing noise in the dining room, and supposed it came trom the factory. ‘There was a vibration through the room the whole time. The nvise would be against a dwelling house. He would not like tu live in it.

Fes. 6,

Rev. Lavin Firzerracp testified that though he resides on the corner opposite to that ena which Mr. Ailey resides, a peculiar smoke came down from Duchomin’s old factory. Now it was comparatively trifling.

James K. MCUONALD (house builder) testi- fied that he visited Alley’s on the 25th July and other times. Went into the trent dvor aud into Mr. Alley’s ottice, aud felt a jarring, tremulous sound, aud wearer to the factory it sounded Jouder. The noise came from ‘the factory. If it was his house he would rather not have it. Would give more reut for it if the noise was not there.

Caarues Heaxrz testified that in 1853 he

Moonev & Co. were politely bowed ont, and

ih ave 1m}

! The mere instinct of self-preservation suggests

the contract awarded to Messrs. Lyons &

FW See on ant Cniverie.

of the principal manipulator were numbered, and we had hoped that it was the last ex- hibition of Brydgeism which we should be compelled tv chronicle. From facts which recently have been brought to our notice we regret to state that our hope was unfound- ed. It would appear that after letting the contract for the Souris Railway Wharf the Great Co ssus was not satisfied with the plan and specification as originally submit- ted to the public, and in accordance with uhich the work had been let to the contractors. So he deliberately authorized Messrs. Lyons & Chiverie to deviate from both, and paid them six hundred dollars of the peo- ple’s money fur making an alteration in the work, which makes them the gainers by at least three thousand dollars.

é will be remembered that the original specification for the wharf distinctly stated that the foundation of the work from the starting point, outward fora distance of 300 feet in length, and 75 feet in width, should consist of good, sound brush, to be care- fully laid, and raised to an average height of about nine feet. This body of brush should contain about 7,500 cubic yards, costing in the work, say, fifty cents per yard, or 3,750 dollars for the whole quvan- tity. Our readers will be surprised to learn—if they have not already ceased be- ing surprised at anything the Grits have done—that the work, as now being built, will, when completed, only contain about 2,400 cubic yards of beush, or 5,100 yards less than it should contain, if the work was built, as it should have been, according to the specification under which the contract was let. We are informed that a very large proportion of the material which has been put into the work for brush, does not bear the faintest resemblance to that article, but consists of rubbish gathered on Souris Beach, and rotten, condemned logs from Chivarie’s ship yard.

It is true, that the deficieney in brush has been supplied by clay out of the railway cutting, which was let with the wharf con- tract. But thesupplying of this clay has not cost the contractors one dollar more than it would have cost them to have placed it elsewhere in the vicinity of the work, which they would have- been com- pelled in any case to do, as it was so stipu lated in the contract.

But, allowing the contractors to pocket some thousands of dollars of the people's money through the reckless carelessness or sublime stupidity of Mr. Brydges, is not the worst feature of the case. ‘Ihe large body of clay which was placed on the wharf as a substitute for brash, was exposed to the action of the sea during the whole of last fall, and more or less of it was daily washed away by the waves and distributed on other parts of the harbor. We have it,

worked at building the Methodist Brick Charech.. Duchewmiu's machinery was thea run horse power. He often passed the block | to get material. The sound of the ma- chinery 1s eight or ten times greater than that | made by the horse-power. He cuuld feel tue réuad shake when passing the new factory. tile slating the roof of the new house, he!

was tormented by smoke irom the old fac. Railways, will result in the harbor of ) ' Sonris being rendered useless for vessels of

on god authority, that on one day last fall,

during the prevalence of a South West

gale, eight feet of the face of the dump | was washed away. The consequence of this criminal ignorance on the part of the late General Suprientendent of Government

At the time this transaction oc- }

} , -aAY mara that ‘ Set Ae ~ } curred we were aware that the official days)

; é, fies ; squandering of the people’s money mus

: i

a ‘ } osed upon him. ;

. ee - + ~ Tat <r 5 ¢- : Y ayer Qcad rUxlt Mr. B vy dges.

Mr. Brrpess is no longer General Su- perintendent of Government Railways. Mr. Brydges is too expensive a man for the present Government. He could lavish the people’s millions while Mr. MeKenzie held the purse. But Dr. Tupper found his re- tention inconsistent with Economy and Re- form.

<0ee ee

The Kelly Murder.

Arter the arrest of Millner and Johnston it was, of course, wroug to comment editorially upon the murder of George Kelly. they have, after a long trial, been pronounced ** Not guilty,” we are at greater liberty. The first feeling in the mind of everyone must be one of relief and satisfaction that their pa- rents and other relatives and friends, as well as themselves, have been spared the shame, the sorrow and the suffering which their con- viction would of necessity have entailed.

On the other hand, there must remain a feeling of regret that the murderers (whoever they were) have eluded the grasp of the law.

that it is net expedient that 2 man who could Gcliberately pal! outa pistol and shoot down his fellow-man, as he would a dog, should re- main at large. And when we reflect upon the circumstances of the murder—when we re- member that the murderers drove down to the Bog, and stopped there cooly waiting until their prey offered a show of provocation ; and then, finding it inconvenient to shoot with the wagon in the position it stood, turning about and deliberately firing no less than three shots, how can we regard their act as other than a murder of the worst description. The murderers had evidently been previously assaulted with a stone in the same classic locality, and the wurder was as evidently committed in revenge of the assault. And the fact that the victim was one of a strange, alien, weak and degraded race, should render us more solicitous that the murderers should be brought to justice. If the victim were one of ourselves, it would be natural to desire that punishment should fall upon the mur- derer, Ii he were the son of a respectable citizen brought up under the influences of re- ligion prepared to die suddenly we should, even then, feel that a foul outrage had been committed. But as the victim had no such advantages and as he was (we may suppose) a wicked degraded character, the crime of sud- denly sending him into eternity, with all his sins upon his head, is, in our view, so much the more terrible.

The murderers may yet be secured. It is an old saying that ‘‘ Murder will out.” But at all events we may be sure that they cannot escape the gnawings of the worm that dicth not and the justice which shall be meted ont by Him to whom vengeance belongeth.

~ ee

Branch Railway to Rustico.

A deputation, consisting of the followin gentiemen—Donald McKay, M, P. P., Leon Gallant, Duncan McMillan, Dominic Dorion, Capt. J. McKay, Domitian Gallant, J. R. McInnis, Sylvest Dorion, James Power, William J. Seaman and Albert McKay— waited on Mr. brecken, on the eve of his de- parture to Ottawa, and presented the follow- ng memorial, contaiming 634 signatures :--

The following Memorial most humbly and respectfully sheweth—

That Rustico is situated on the north side of Prince Edward Island, about half way be- tween North Cape and Last Point, and twenty miles from Charlottetown by public highway ;

That Rustico has a very poor harbor—being a bar-barbor, where only small schooners can trade in fine weather—there being only eight feet of water on the bar-eutrance at high waer; .

That the fishing establishments in and around Rustico are very extensive, employing irom 1.500 to 2,000 men; that ell the fishing stores, salt, barrels, bait, etc., have to be con. veyed from Charlottetown ; that the annual shipment of mackerel from Rustico to Boston via Charlottetown, is trom 12,000 to 15 v00 barrels ;

‘hat farming is extensively carried on, and that a large quantity_of produce is annually exported via Uharlottetownu, where it has to be hauled at a season when farmers are very busy an roads aluost impassible ;

That the native forests have wholly disap- peared, and both farmers and fishermen have to use coal as a fuel—there being now an an-

Americans have just paid a very large sum for the privilege of fishing in the said waters,

vour Petitiouers feel that their claims fora! | sare of the award are good, '

Your Petitioners, vherefore, most humbly

i bescech your Honorable Council co give the

maiter your serious consideration, trusting that you may, at an early date, take such steps as will carry into effect the prayer ol this Petition.

And your Petitioners in duty bound will ever pray.

LECTURE |

ST. JAMES’ HALL,

(Old St. James Church) by

MR. JOHN HARPER, Principal of the Provincinl Normal School, -—ON-—

Now that! PRIDAY NEXT. the th instant,

SUBJECT : Years Ago, the and its Folk,”

“* Fifty Awd Kirk Doors open at half-past 7. mence at 8 o'clock. Admission 15 Proceeds in aid of Sunday School. D. SMALL, Supt. S. School. © February 4, 1879--2i

What Will 1s. Do?

cents,

NY “ONE CENT” to the Diamond hs Boo'xstore will get 2 Superb ; et ee ee © lated V A = oe ae for the above a:eount. ales AD 57 c” THEO. L. ORAPPELLE,

Diamond Bookstore, 85 North Side Queen Square. Ch’towa, Feb. 5, 1879.—3in

on eT

GRAND Fancy Dress Carnival

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

Annual Skating Carnival

TO TAKE PLACE AT THE RINK, ON

Thursday Livening, Feb, 13th,

AT EIGHT 0'CLOCK.

REGULATIONS :

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

Kach person, in costume, must be provided with a legible card bearing name and ‘‘chara>- ter,’’ such card to be hauded to the person in waiting, upon entering the Dress Room.

The Committee reserve the right to reject any objectionable character.

Admission—Ticket holders, in FREE; Seson ticket holders, to promenade, 25c; Non-Ticket holders, in Costume, 50 cts. ; Non-ticket holders to Promenade, 50 cents.

Tickets to be had at Apothecaries fall.

By order, W. C. HOBKIRK, Sec’y.

Feb, 1, 1879—s ws tu wth pat 3in

A GREAT RUN

-——-TO THE—

FLOUR & TEA STORE!

And it cannot be stopped while they are selling

For 36¢., 40c., and 44c, per Ib,

GOOD SUGAR

For 7}e., 8e., She., and 9c. per Ib.

CHOICH FLOUR

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

UTHER . GROCERIES

RIGHT CHEAP.

£3” Save your money by buying at BEER & GOFP’S, Ch’town, Jan. 17—

Wants, Lost, found, &r,

Advertisements under this heading, in space

nual consumption of 3,000 to 4,009 tons, with a yearly increase of 15 to 20 per cent., the} truckage of which must principally be from | Charlottetown ; i

That Rasticu is the best watering place on’! the Island ; thata very larze and handsome Hotel has been built at the beach, where large

number of tourists from the Dominion and |

United States visit, spending several! months each season.

That a short Branch of Railway-—from eight ; to ten miles—leading fromthe main trunk to LADY'S PU

Rustico Harbor, can be built for less than! mo ey.

kighty Thousand Dollars ($80,000). and

would be the best paying portion of the Island '

not exceeding half aie brich, will be insert ed for Ten Cents per day. @ST.—In this city, on Tuesday last, a Pocket Book containing @ small sum of money and some papers. ‘The finder will be rewarded by leaving it at this oftice. Ch’town, Feb. 6, 1879.

OST—Between McKenz‘e’s Confectionery

Store and Welsh & Oveis’ building, a

tSE, containing a small sum of

ey. The finder will be rewarded by leaving it at this Office.

Feb. 4, 1879-2).

if built, would tend to

rromote the interest of our farmers, opportunity of sending their | produce to market, as well as supplying lime

your Honorable Council would be pleased to

Lecture to com- |

j amount of traffic

i '

‘

SUCH EXCELLENT TEA

real Cash Sa

OF

DRY GUODs,

CLOTHING, ETC

ee a

The Whole Stosk in Trade OF THE LATE ROBERT ORR.

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,

Tweeds, etc., ete. ete.

Readymade Clothing Hais, Caps, Linders and Drawers, Searfs, &e,

Cotton Warp, Small Wares, &e.

The above Stock must be cleared ont from this date, and our Customers, and the public generally, can depend upen getting Bargains.

John McPhee,

Administrator. Charlottetown, Feb. 4, 1879.

NOTICE.

WING to ill health I shall be unable te

return to the Island before March, and I would respectfully request my customers to reserve their orders until that time. Mean- while any party desiring to communicate with me can do so by addressing letters to me, Post Office box 158, Montreal.

JOHN H. CATHRAK;

ee

} Agent for Reinach’s, Nephew & Co., Teas, Costume, '

London, England; Wilson, Matheson & Co., Dry Goods, Glasgow. Feb. 3, 1879—Gi pat 2i

FINAL NOTICE.

LL amounts due the Subscriber, not paid by the 13th February, will be aod

{ for without further notice.

SIMON W. CRABBE,

Sign of the S§ » Charlottetown, Jan. 3), 1879 - 41 cs

ne _—————_

MoKAY'S LIVERY STABLES

Pe a

es

NORTH SIDE GUEEN SQUARE. FURST CLASS Single and Double Teams to hire at shorter hotice, ron

TERMS MODERATE.

Orders left at J. F.

McKay's tended to. AY S promptly at-

A. a ‘ - Ch’town, Dec. 30, 1878— A. J. McK AY.

For Sale or to be Let,

NEW TWO-STORY (double 4& HOUSE, situate on eins” "Street. about 200 feet from the corner of Queen and Douglas Streets. The property is situated in a part of the City where real estate is increas- ing in value every year. For terms, &c.. a pl in Charlottetown to A, A. McLean, he : Barrister-at-Law, or to the Subscriber. " AL) X a TN v. Southport, Dec, 24, 1878—1m cod

MacEachern &

Co.,

ONTEMPLATING a change in their busi-

NX ness at au early date, request all persons indebted to them to make leanetians payment.

‘Italian Warehouse,” Dec. 19, "78—im 2aw

CAAMINER,

Y THE for the iasest eee

a