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VOL.

THe EXAMINER.

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THe Dartty EXAMINER Is Published every Evening. OFFICE:

INGS’ BUILDING, CORNER OF WATER AND GREAT GEORGE STREETS, Charlottetown, P. E. L

KaTEs OF SUBSCRIPTION ;: Six Months, Three Months, One Month, One Week,

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a a —— ee ee

PRINCE EDWARD ISLAND RAILWAY.

TIME TABLE NO. Il.

Winter Arrangement.

ON AND AFTER

MONDAY, DECEMBER 30th. 1878.

a

Trains Going West.

—— en ett

CHARLOTTETOWN, PRINCE EDWARD ISLAND,

H. W. Vinnicombe,

Resident Piano Tuper & Reguiator,

AS adopted the Dollar system of Tuning, (A -six visits a year, at one dollar per visit. This system is much more economical and satisfactory than any other, as the cost is 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.

Music Store, or Street. Jan. 6, 1879—

at Bremner Bros., Queen

FRANK COX, M.D. 6.M., Physician, Surgeon & Accoacheur. OFFICE ; APOTHECARIES HA. Residence : Capt. Mutch’s, Water Street,

next door to St. Lawrence Hotel. N. B.—Particular attention paid to diseases

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

WAGSTAFF'S HOTEL,

MEHE Subscriber having fitted un 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:

STATIONS. No. 1. No.3 tion at the Wagstaff’s Hotel. r : Express. ; Mixed. WM. WAGSTAFF. Georgetown | Dp 8.10 am May 25, 1875 Cardigan eed el cepeullionnmcniinmaatines eh mete c a ft € 55 se } hitews jun fe SES DR. CREAMER, eitite Sen, | 11.20 PHYSICIAN AND SURGEON, Ch’town dp $.00 ain) Dp 3.30 pm Kent Street, Charlottetown, alty Jun. +920} 2a ™ (Three doors from Dr. Johnson’s). ‘Wiltshire 1 9.12% | 445 “ | ge ENTRANCE BY SIDE DOOR. “ea nter River lccseee ce Leo wants Oct. 15 -3m Breadalbane ee ee Banh g-& 2 County Line Sh i“ aes Kensington “11.00 * | * 6.30 * & GC HUNTER eae. lar 11.30 “ lar 7.00 “ » Us ; ( |\dp 2.40 pm ; ; ain eee [talian and American Marble, Port Hull eé > eR 66 O’ Leary “533 « Monuments, Tablets, Headstones, al ar 6.35 “ Cenrre Taste Tors, Bourzau anp ComMMopE , begton all dp 6.40 es Tors, Wasu Bow. Srags, &c., &e. Vigniss S587 ~ jar 7.25 _ | Prices to suit, and satisfaction guaranteed. = Trains Going East. a Designs furnished on application. @a Corner Hillsborough and Kent Streets, Char ect Fi lottetown. STATIONS. No. 2 No. 4 “alll a ain Express. | Mixed. November 6, 1878. Figni Dp 7.00am Alberton nhs © JAMES HOBBS, QO’ oe ‘ “é Pore Hill 110.05 CABINET-MAKER, ot len tai UPHOLSTERER, ETC, - — p 2.30pm) Dp 8.45am AS REMOVED from McPhail’s Corner - Kensington * 3.00 “| * 9.15 a to the premises just vacated by Mr. County Line “3 * | * B57 . JOHN STUMBLES, Prince Street, where, with Breadalbane “© 3.50 ‘* | *10.08 ’ [increased facilities, he is prepared to attend te Hunter River “4.28 “| “10.47 “ | the wants of his customers with punctuality N. Wiltshire “4.45 “ | “11.02 |, [and despatch, and on reasonable terms. Royalty Jun. 5.40 § | “11.55 CaRPEts cut and laid. i jinn yar 6.00 “ jarl2.15pm} Painting and Repairing neatly done. { dp 2.55 ‘* Picrurs FRaMeEs and Mouldings constantly “* 3.15 ** on hand, or made up to order. ‘ar 4.30 “ All kinds of Household Furniture made to dp 4.40 ‘* order, cheap and good. 1 *€ 6.00 “ New Pattern School Desks made at short lar 6.25 “ notice. A first-class article.

SOURIS BRANCH. _

—_——— ee r= ee

Coing West.

Going East.

No.5 No.6 Mixed. | STATION S.| Mixed.

STATIONS.

| A. M. | j P.M Souris Dp 7.00) MtS tw’tJne|Dp 4.40 Harmony ** 7,23'| Morell “ 5.29 St. Peters ‘¢ °8,42'|St. Peters ‘“ 6.54 Morell ‘© 9,13}|Harmony | ‘ 7.12 MtSitw'tJne| ar 9.55||souris ar 7.35 “J, BRYDU NIE ©. YDGES WM. McKECH : Bad Bee. tetioaye Supt. P. B. 1. R.

CH’town, Dec. 27,1878. ". pe arh pres kea sp sj ap 6i

QUEEN INSURANCE CO'Y.

OF ENGLAND. CAPITAL, . . TWO MILLIONS STERLING,

NSURANCE effected on all kinds of Build- ings, Merchandise and Produce. Also, on

Vessels on the stocks. Special rates for isolated residences.

I settled promptly. : EORGE MACLEOD (Union Bank), Agent for Prince Edward Island

June, 1877— » > COMMERCIAL Union Assurance Company, OF LONDON, ENGLAND. CAPITAL - - $12,500,000.

NSURANCE effected against Fire on all descriptions of Property throughout the

sw Low rates and promrr settlement of ” HORACE. HASZARD, im Agent for P. E. Island. Ch'town, Dee, 90, 1878--

8% Don’t forget the place: PRINCE STREET

(near the new Baptist Church in course of

erection). Charlottetown, Oct. 26, 1S78—

RANKIN HOUSE,

CHARLOTTETOWN, P. BL

J.J. DAVIES - - + Proprictor (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—S3m:

ITALIAN WAREHOUSE,

QUEEN STREET.

ONTEMPLATING a change in our busi-

ness, we offet for sale, at Reduced Prices, our Large Stock of WINES,

LIGUGRS and GROCERIES. MACEACHERN & CO

Dec. 19, 1875—1m 2aw

BROADWAY HOUSE,

BY MACKENZIE.

HE former ‘City Hotel,” uow the Broadway House. Great George Street, opposite the Catholic Cathedral, is now open for Permanent and Transient Boarders. The rooms have been thoroughly renovated ani newly furnished. The tables will be supplied with the best the market affords, and fares reasonable... _ A Suite of Rooms convenient for 4 small family, together with board &c., can be had in the Broadway House. Nov. 23, 1878—

—

s# Orders may be left at Mr. Fletcher's;

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——

MONDAY, FEBRUARY 3, 1879.

‘Tae Dairy EXaMInEn,

FEBRUARY 3, 1879.

SUPREME COURT.

The Murder Case—The Defencs.

MR. PALMERS OPENING OF THE DEFENCE.

Afternoon Sitting. }

; r > | Gentlemen of the Jury—In the hearing of this very important and very unhappy case | you have already been engaged a long time; |and my fellow-counsel and inyself, with the

| view of economising time as much as possible, |

|have agreed to make but one speech in |opening the case in behalf of the prisoners. ‘I will now only just detail to you, gentle- |men, the evidence we propose to give—the |evidence which I think will satisfy you and all in this court—aye, even the learned ares General himself—that there will not be the shadow of a doubt on the char | acters of those young men when they go ‘out of the dock. The awful stigma which jhas been cast upon them will be removed land they will be scathless. And tirst we will jsatisfy you that the policemen have not [spoken the truth. it is certainly a lament- lable state of things when persons have to lsuffer on the oaths of such men. i'Then we will show that the evidence of Emily Byers is a pure fabrication. ‘There is not a scintilla of truth in it. We will prove it false out of her own lips. She did not appear in the first examination ; and when she came into this Court we remarked her, and we said ‘*‘Leok out now.” This girl who swore that she Jumped up behind the wagon and that James Millner turned around and put his hand out to throw her off, did not even know James Millner. When the priseners came into Court hand- cufied together, she was sitting here, and she turned to her next door neighbor on the seat, and says she “‘is that Jimmy Millner.” | gentlemen, we will prove that she knew no more about Millner then she did about you. She says she saw Millner while she was shaking carpets for Mrs. Burris. We will bring evidence to prove that she never shook a carpet for Mrs. Burris in her life. There is another clause of the evidence which we will scatter to the winds. The c unfession said to have been made to Archd. McKinnon is a pure fabrication. We will prove that that vagabond (for he is nothing else) went right home and remarked that ‘‘if Johnston had been as cute as Milluer he would have been all right.” McKinnon is another one of those who did not appear on the first enquiry, though he had, he said, made a memorandum of Millner’s words. Gentle- men, there is ne truth whatever in his story from first to last. Then, we will produce three or four witnesses to negative Pat Hand’s evidence —to tell you that that man told them, on the very night of the mur- der, he thought it was not a town horse at all—he thonght it was a horse from the country—and he never said then it was Mill- ner’s horse. Again, we will place no less than four respectable witnesses upon the stand— viz: Ida Scott, Maggie Jury, Florence Herbert and Nellie ae prove that they saw Johnston on Prince Street, in front of Higgins’, at twenty minutes to ten on the night Kelly was killed. They will show that it is utterly impossible that Johnston could have been in the West Bog at the time the shots were fired. More- over, we will prove that Johnston never had a white coat, We will prove that Millner never had a white coat. But we are met by those startling confessions Johnston is said to have made. Fentlemen, a snap for those confessions ! It is said that that (pointing to the wagon) is the wagon the prisonersdrove. Now, we are going to show that the shots were never fired out of that wagon. The seat in that wagon is further behind than before, and it dees not therefore answer to the description given of the wagon from which the shots were fired. Byt it is said that the measure- ment between the wheels tallies with the tracks made in the sand by the wagon from which the shots were fired. Gentlemen, we will show by accurale measurement that the width of the hind wheels of the wagon

actually varies from four feet five inches to five feet ana «a quar- ter of an_ inch. And we will

moreover prove that the distance between the fore wheels of that wagon is one inch and five-eighths of an inch narrower than that between the hind wheels. We will show further that on the night in question Jchnston wore a black coat and a little “Glengarry,” and that he never wore a ‘‘bucko.” Millner, a long time ago, did wear a bucko, but he did not wear one on the night of the murder, and he never had a white coat. We will prove'that another wagon, out driving that night, answers the description given of the wagon from which the shots were fired better than the one in which Millner and Johnston were driving. We'll prove that Emily Byers is unworthy of belief. Having done this I think we will have pretty well done away with the chain of evidence by which it is sought to drag these young men ‘to _ the gallows. Oh! but Johnston was scared when arrested, and it is said he made a confession. Now, we will put Mr. Johns- ton (the father of the prisoner) upon the stand ; and, gentlemen, Mr. Johnston is a man whose character all over this Dominion stands remarkably high. After he recov- ered from the shock caused by hearing that his son was arrested on a charge of miacr- der, he made his way to the boy ; and the

—=|what he had been saying.

a eee a

NO. 508,

‘first words he said to the boy were, ‘‘ What’s |this yon’ve been saying?” And the poor

= | boy replied, ‘‘ 1 don’t know what Ive been

}suying.” Gentlemen, the boy didn’t know x, He had been He had heard of the killing

He was a comparative stranger

| ont driving.

of Kelly.

| here. He had been sent down to look after a cargo which belonged te his father. He was alone. He

| He was scared and he didn’t know, or was’nt | responsible for what he said on the occa- sion. We shall cail Matthew Allan and Mrs. Wares, and Mr. McMahon, the bar- ber, to show that no reliance is to be placed upon the statements of Policeman McKin- non. We shall cal! William Heartz, James Warren, Isaac Knight and --—-—-, to prove that Hands statement about the horse is unreliable. We will contradict what has been said about the yards of Mrs. Burris, Millner and the rest. The fact is that all the yards are fenced off, and there is one alley, common to all. We will bring Robt. Rodd to tell you that he conversed with the prisoner Millner on the night Kelly was killed, at a time which renders it absolutely impossible that Millner could have been driving when the deed was done. Further, McCarron said in his evidence that he was driving that night, but that he put his horse up at abouttwenty minutes to ten, and at about a quarter to ten he went down to the railway station to meet tie passengers by the Summerside train. We will produce the record kept by the official at the station to prove that the train ar- rived in Charlottetown on the night in question at 8.15 p. m. Now, you see, gentlemen, how inuch confidence can be placed upon the evidence by which it is sought to convict the prisoners. Gentle- men, i need not labor this case ; and I shall proeved forthwith to call the Witnesses for the defence. EVIDENCE FORK THE DEFENCE.

Grorce E. Mittner, sworn—Examined by Mr. Hodgson—-I saw Emily Byers on the first day of the trial. She was just the width of a seat from me. When the pris- oners arrived, in charge of the Sheriff, she asked the one sitting next her, ‘‘ Is that Jim Millner ?” and the girl said she didn’t know ; and when they came round oppo- site the dock she again asked, ‘‘ Is that Jim Miilner ?” and the other girl said, ‘‘ I don’t know.” 1 could not say whether Bolger was about here when the Coroner’s Inquest was going on. I believe Lynch was at the inquest twice. ated from ours. A person could go mto our yard and not see into Mrs. Burris’.

Cross examined by the Attorney General —I don’t live home. I was in_ father’s yard last summer. We go into our yard from Grafton Street. 1 saw duynch while the inquest was going on, but not since... 4 last saw Lynch at my father’s house on the Monday morning after Kelly was shot... J do not know where he went. Last Tuesday morning | was sitting in the front seat. Emily Byers was. sitting behind me with Suse Inglis and another. I did not know Emily Byers till she told you her name. Afterwards she came up to the Prothono- tary and answered to the name of “* Emily Byers.” WhenI heard her ask, ‘‘ Is that Jimmy Millner?” I was looking at the prisoners. cite

Lpa Scort (sworn)—I ama daughter of Mr. Robert Scott. We live on Fitzroy street. I know Johnston. I met him a short time before the murder. I saw him that night, I was coming from Mr. Herbert's with Florence Herbert. We were coming down Prince street that night, and we saw Lonis Johnston standing opposite Mr. Higgins’.

door. Wespoke and recoghized one an- other. As we were up by the Presbyterian

Church the clock struck nine. We went down Prince street to Wright’s store. We

and while going back we met Louis John- ston. It might have taken twenty minutes. According to my calcnlation it was twenty minutes past nine when I saw Johnston.

coming down and when going up again,

To Mr. Palmer—We went to the Post Office and then went home. It was when going up from Wright's store after pur- chasing the apples, that we first saw Johne- ton. Then we saw him when we came back again. We got home before ten.

—I went out about half-past seven that

berts. When going tothe Post Office we looked at the clock, and it was twenty-five minutes to ten. I knew Mr. Johnston

three times. We walked slowly. We didn’t speak to anybody on the street. I

heard of the murder in the Examiner. I heard them talking about Shortly after that I was talking about it to Miss Herbert. time. person from whom we bought the apples. While going to the Post Office we fell

I told my father about seeing Johnston that night. I also toll Mr. Jehnston (the prisoner’s father). I told my father it was 25 minutes to ten when wo passed the old Union Bank building. The mail was not in when we went to the Post Office. Miss Herbert expected a letter from Summer side. It had not struck ten when we got home. When we looked at the elock Miss Jury remarked that she would have to harry to get home. It was somewhere about posite the old Union Bank Building that we looked at the clock. i Fiorence Hexsert (sworn)—Examined by Mr. Palmer-~I remember the night

Mrs. Burris’ yard is separ-*

got some apples and then we went back,,

To the Judge—We saw him both when:

Cross-exainined by the Attorney General |

evoning ani stayed some time at Mr. Her-”

about a week before that—met him two or -

in with Maggie Jury and Nellie Baker. -

gr oe Gk