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7

\ + me. It was the big one that had on the DAILY HXAMINER, 1*“bucko” cap. It was the biggest one that -—--— | gad on the light coat, I think. The wagon

JANUARY 29, 1879. ‘went straight ahead after the shots were = —~|fired, and then turned Dr. Hobkirk’s ‘corner. The convexsation Emily Byers and '{ had was in our own house. She told me -hat she knew Millner, and that she was | soing to swear against him. 'examined before.

Scsan Incuis sworn—Examined by the Attorney General—I remember the night |when Kelly was shot. 1 was standing on

Maxy Ann Ryvaw (sworn)—Examined by | the bridge by the board fence by myself. Attorney General—i am a single woman} Rose Chiverie was standing a short piece and live down West. I live in the first|from ime. Sonny Cusack was standing

street. I was on the|there. A wagon came from Hcbiirk’s. In

house on Rochfort re sidewalk a little down from the corner the/cae wagon wasa small, black horse. The wasa high one. There were twe

might Kelly was shot. A Wagon came up

and drove towards Hobkirk’s, There were Icould not say whether they

two young men inthe wagon. It was aj had whiskers or not. The wagon stoppec ‘ n the middle of the street. I did not go

small black horse, single-seated wagon; seat ( was further front than behind. They were |out to the wagon. It was a good piece from me. Idid not see any one going out te

onthe middle of the street. It was not

very dark. After the wagon drove to Hob-|them. Ruse Chiverie was standing on the kirk’s it turned and came back and stood on | »latform that runs parallel to the pump. tie middle of the street. Suse Inglis|She was talking to the men in the wagon. and Rose Chiverie went over to the wagon. | She talked over a half hour. [did not join I was with them before they went. I went (in the conversation. To my knowledge I back to where Mary Ellen Byers and Kelly ;do not know either of the men in the wagon. were. Rose Chiverie and Suse Inglis stood | [ dou’t know who was in the wagon.

up close to the wagon. They remained} Question—-Was one 4 larger man than about half an hour. One of the men in the other?

the wagon had alight coatonanda “bucko”( Answer-—One looked smaller than the cap. The other had dark clothes with aj other.

-

THE

i=

SUPREME COURT. The Murder Case. ag JAN. 28.

EVIDENCE CONTINUED.

THI

wagon nen in 1.

black hat. When they were talking the} When the horse was facing towards St. horse was looking towards St. Peter’s!Peter’s Church the man with the dark Church. The man with the light clothes;clothes was sitting near to me. was then next to me. ‘The one withthe}He was driving and had a_ high dark clothes was next to Peake’s. After ljcap on. I cornld not see the was playing a little while at the doorajother man. I did not see a stone thrown stone was thrown. Kelly then said,|or hear one strike against the fence. My

brother came along and teld me it was time

‘“There’s a stone flung,’ and he then tuok to be in tre house. It ‘was after the car-

Paddy McCuallin by the hand to go see who

flung it. He went down as far as the little | riage went towards St. Peter's Church that bridge. Tho horse then went towards|I saw my brother. After the carriage went St. Peter's Church and turned, and|to St. Peter's Church it turned around near they fired. After the second shot|the vas lainp and drove up. When it got was fired Kelly _ said, “Oh, my|by the old cellar they fired off a shot. God, I am shot.” The third shot was| Kelly was then nearly across Fitzroy street. |

He was in the drain next to Maloney’s lot.

Three shots wen! They went on as they fired. I did not hear Rose Chiverie talking. She must have been talking be-

fired after that. The menin the wagon said ‘‘I killed one black son of a bitch and I will kill another.” After the first shot was fired they said ‘Uli give them firing

ry On.

stones.” When they drove towards Hob-|cause she was standing near the wagon. kirk’s corner I could not tell which side the |[ did not hear the en talking to her. The fellow who wore the light coat was on. | meu in the wagon were young men. There They turned Hobkirk’s corner. I after-| ware no stones thrown. My brother was at wards saw Kelly in Billy Byers’. I don’t|Hobkirk’s corner going home when remember seeing Lilly Ryan. the wazon was standing before me.

Cross-examined by Mr, Palmer—I did|}The wagon was under the lamp_post

when my brother was at the corner. When the boy was shot he (my brother) was be- yond ** Black Sam’s” Bridge. He came back when he heard the screams of Kelly.

not swear before Dr. Jenkins on this case. I swore before Mr. FitzGerald. I don’t know Dr. Jenkins. I don’t know that there is any difference between taking an oath and gossiping. I might have sworn befure the Doctor. I could not tell who was in the wagon. I could not tell whether

shot when my brother told me_ to go into the house. I went to where the boy was

James Millner was there or not. |lying. My brother was there. I did not see him that night} Question—How could your brother get in the wagon. It was after nine|to where he was lying from Black Sam’s

Bridge as soon as you did ?

Answer (after a lengthy hesitation)—I did not go to him as soon as he was shot. I did not talk to the men that night.

Mr. Hodgson objected to the Attorney General treating the witness as a hostile one.

The Court ruled against him doing so, and the examination continued :—

My brother told me I was to goin the house.

Question —Did your brother say anything to you about keeping company with young inen 7

Mr. Hodgson objected to the question, and it was not answered,

Cross-examined by Mr. Palmer—I did not see Mary Ann Ryan then, nor Emily Byers. I did notsee Emily Byers hanging on to the back of the wagon. When the men fired the shots from the wagon there was no one on the street but mysel’, Rose Chiverie and Cusack. If Mary Ann Ryan came here and said that one of the men in the wagon said ‘‘I killed one black son of a bitch and J will kill another,” and if she said that one of them said ‘Tl give you firing stones,” there is no truthinit. If witnesses said that I and Rose Chiverie were talking to the men in the wagen for twenty minutes or a half hour, they would say what is not true. [am not acquainted with the prisoners. I did not see them be- fore tie trial. 1 could not say that either of the prisoners at the Bar were in the wagon that night.

To Mr. Hodgson—The whole of them (the blacks) down about home found fault with me for not telling more than I did at the other court. Mary and Emily Byers and Lily Ryan told me that I knew more

when the wagon came along. I think Suse Ingles and Kose Chiverie were talking to the men in the wagon a half hour. Emily Byers said she was hanging on the wagon. She told us that she was, that night at the door.

To Mr. Hodgson—I was examined on the inquest before Mr. Fitzgerald. I live down in the bog. I don’t do much down there. Ilive by washing and scrubbing. I was

laying around that night. Me and Mary

lien Byers, Kelly, my cousin, and William Henry Byers were playing at our own door. I can remember that, but I cannot remem- ber that | was examined befvre Dr. Jen- kins. I was before Mr. Fitzgerald on an- other case besides this. I had Frank Mc- Atee up. I was sworn that time before Mr. McGowan. I don’t know the differ- ence between taking an oath and playing with Paddy McCullin.

Re-examined by Attorney General—I knew Millner before Kelly wasshot. I was up before the Magistrate three days. I teld my story twice (i. ¢. abeut the murder).

Litty Ryan (sworn)—Examined by At- torney General—My sister was examined last. I was standing at our own door the night Kelly was murdered. Suse Inglis, Rose Chiverie, my sister and Sonny Cusack were standing on the platform. The first time I saw the wagon it was driving to- wards Hobkirk’s. ‘There were twe men in the wagon. One had a light coat on and the other had a dark one. One had a hat and the other a “‘ bucko” cap. When they drove to Hobkirk’s they turned and came back and stood on the street. When the wagon was going towards Hobkirk’s Emily Byers jumped on the back of the wagon, and one of the men put his hand on her

head. I did not see Rose Chiverie or Suse | and ought to tell

Inglis going near the wagon. I saw ;

Dave Inglis passing our place and Jan. 29. picking up a stone. When the| TH8 Court opened at 11 o'clock this fore-

noon. Immediately after the doors were opened a rush was made to the seats, and in less than five minutes every available seat was filled.

Re-examination of Susan Inglis by the

men in the wagon saw him picking up the stone, they gave the horse a cut and drove up alittle piece. They then turned and fired three shots. [did not take any no- tice of the time which expired betwesn the

shots. It was the men in the wagon fired | Attorney General.—On the previous even- the shots. I went into the house after the |img the Attorney General put the following

shot was fired. It wasa low-sized black | question: Is all the testimony you gave in horse they had and a single-seated wagon. \the Magistrate’s Court correct ? The seat was nearer the front than the| Mr. Hodgson objected to the question. back. Idon’t remember distinctly which The Court considered the matter and al- of the men had the cap or tie hat on. lowed the question to be put. Cross-examined by Mr. Palmer—I told | Answer— It was all the same as I gave about Emily Byers jumping on the back of | "¢"e- the wagon when 1 was before the Grand); Emmy Byers, sworn—Examined by Mr Jury. 1 did not like to tell it before Mr. | Peters—I am going on 12 years old. "I re- Fitzgerald. it might be against Emily. ;|momber the night Kelly was killed. Moe Myseli and Euily were talking about it a;McCrllin, Lilly Ryan and my _ brother week ago. Emily did not tell me to be|George were playing on the street. Georze sure and state that before the Grand Jury. |is about 7 years old. It was between 9 and

I did not see my sister the hat | al aati : :

‘st = : “ ay sister there that|10 o'clock. We were playing on the street, night at all. hen the shots were|nearer Dr. Hobkirk’s than St Peter’s Fas I a as near to the wagon as anyone. | Chureh. While we wera Saving

id not he: 8 i ag ing) ‘ ; vear the men in the wagon saying |there a wagon passed towards Hob.

anything. I did not hear them say ‘I \kirk’s. Two i killed one black son of a bitch, and I will kill if jumped up slo ti sen of th another.” I did not hear them say “I will|hung om. While a ges firing a = was Dave Inglis| wagon went on. estone. Emily Byers told me she come away for fear ill knew James Millner. the face with the fetes WF chen kane To Mr. Hedgson—I was up before Dr. |The wagon turned before it went t D Jenkins and also before Mr. Fitzgerald. I |Hobkirk’s. I saw Millner in the ‘eis : was up there swearing. There were two sitting on the left haud side. One of ant men in wagon, a big one and a little lcaught me by the head. I saw the fellow's

the wagon, : : wagon and

was hanging the Kelly shouted out, ‘Em,

she was not

[t was twenty minutes after the boy was‘,

Did not hear hin

‘are yas Milli Tr. | sace. It was Muilline Milliner when }

saving anything. Knew er W aoe ategrla at Burris’. Burris’ 1s tw ‘houses from Milliner’s. I used to go bach land forward to work at Burns last sum 'mer. Iused to see Milliner in the yard ‘Th re is more than one Milliner. The one 'i mean is the one sitting there (points t

prisoner.) Milliner never spoke to ime be- I was shaking carpets 1 Milliner. 1 never

| fore that night. |the yard when I saw | neve heard him say anything. I know Milliner’t other brother Walter. The wagon turned. came back from Hobkirk’s, and stopped a Fitzrov Street I cannot point out the ex- fact spot. I heard a stone thrown. struck some fence ; but I could not tell lwhich it was. I went in the house, anc caine vt in a short time. The wagon then \went down and turned by the belfry. When they came back they fired the shots. [ ran into the house, and when f was com- ing out again Kelly was being carried ip { did not see Kelly when tuey firea the shots.

Cross-examined by Mr, Palmer—-I was examined before the Grand Jury. I was talking to Lilly Ryan. It was she sent m« before the Grand Jury. 1 saw two wome} on the street that night, but I could no tell who they were. [knew James Milines better than Rose Chiverie. I don’t know how often L saw Rose Chiverie. She lives with her sister down near the pond. J know Suse Inglis. She lives in Ryan's house. I did not see her there that night. There were two women by the bridge; bu [ could not tell who they were. 1 have seen Suse Inglis ever since I can recollect. [ know.Rose Chiverie ever since she came

home. I saw James Millner a good many itimes I worked at Burris’ nearly two months. I did not go every day. 1 went

every week, sometimes three times a weel and sometimes twice. I saw him when was shaking carpets, and I saw him about twelve or thirteen times. I shook the car- vets sometimes on Mondays and sometime: on Wednesdays. ‘We shook the carpe bt » ames

)

seven times last summer. i saw

f agcyy ; co pol Millner nearly every time. He was going through the yard. I saw Walter there

sometimes. Isa2w Walter when he used to go to Mr. Filmore’s meetings. I did no ask any one inthis court when I came in the first day if that was James Millner in the box, nor did I ask any of the witnesses if James Millner was coming into court. iswear! did not. I remember the time Millner and Johnston were taken up for the murder. Mrs. Burris asked me one day ii I knew anything about the murder, and I told her not. She was not the judge or a jury, and IT was nat on my oath, so I tola heralie. I was not going to tell her any- thing about it. Idid not tell Mrs. Burris in her house at the time the inquest was going on that ‘I did not know James Millner; I wish I did 1 would swear against

him.” The reason I did not tell her was I did not want to goto the court. The horse was going slow. When he passed that night he was on a little jig-jog. He was just going pretty fast. Lilly Ryan and Budge Mc. Callin were on the street. 1 saw two

women standing at the corner, but I could not tell who they were. I was in the mid- dle of the street, across from the door. The women were standing by Ryan’s cor ner. Perhaps they could see me. 1 could see them. I got on to the back ot wagon. I lifted my feet off the ground. My hands were on the back of the wagon. The seat was farther to the front than to the back. I could not tell what sort ot springs were in the wagon or where they were. I snppose there were springs. The man that put his hand on my head was sitting on the side of the wagon that was next to my father’s honse as the horse went towards Hobkirk’s. He had dark clothes on and a *‘buceo” vap. He turned his head around when he caught me by the head. I could not say which of the men was driving. I saw the reins and took it to be the other man. I got off the wagon when Kelly told

me. I told Lilly Ryan about this when the Court was going on. She told me a _ juryman asked her if she knew anyone was hanging on

the back of the wagon, and she told him her cousin was (that was me). That was in the Court the other day. Lilly Ryan did not tell anything about it in the little Court, for all, I told her about it during the time the investigation was going on. I could not tell how long the wagon stopped while they were talking to the women. I don’t know who threw the stone. I did not see Dave Inglis there. McCallin was playing with us, and he left us and went over by Ryan’s before the stone was thrown. I did not see McCullin throwing the stone. I did not see the women throwing the

stone. Idid not see Kelly throwing the stone. He might have thrown it, for all I know. Itold Lilly Ryan when Kelly was

dead about hanging on the back of the wagon.

To Mr. Hodgson—That was not the first wagon I held on to. That’s the only wagon I held on to that night. I used to hang on to carts and trucks. I talked to Liliy Ryan and Mary Brown about this matter.

Rose Cutvert® sworn—Examined by the Attorney General---I have been married. My husband is not alive. I came to this city in June. I lived in the bog, at Mr. Shepherd’s. Went away for three weeks after [ was examined by Mr. Fitzgerald and Dr. Jenkin’s. Was on the street the even- ing Kelly was shot. Was there before the wagon came up for a little while. Suse Inglis was with me. The first time I saw the wagon it was coming from Dr. Hob- kirk’s. It was a single-seated wagon. Two men were in the wagon. Could not say whether they were old men or young one’s. When the wagon came up it stopped just after crossing that little water way r inning towardsjthe pond. Suse Inglis and myself were not standing far apart. No person went over the wagon. Could not say how far the wagon was fromme. When the wagon left where it was standing it moved on towards the lower corner of the church. Cannot say whether Dave Inglis was there when the wagon came ‘up, but he was there a few minutes

| “ed in.

fore. The men — ae ee "Hello, ‘Gonsy.” I aaa not swear what he said. 1 a rear them speak to anybody except —s

{ don’t know who was In the wagon. o | jot know Millner. If it was mailer. ral in the wagor, and Isaw him before, | Wou.a | recognize hi. he

sho was in the wagon. I saw ‘red nor heard none. As near as | ara is soon as they turned round they fired the shot. Kelly was then near tlre old cellar, und when he fell he fell exactly against at old cellar. Three shots were fired. ; — aot say which hit Kelly. They had fire

he three shots before they came to where we were standing. They fired the shots as ‘ast as they could. . Kelly said, ‘Oh! iam shot.” I was excited then and ran against the fence. The men might have spoken ut I took no notice. Dave Inglis and Suse went over and picked him up. (hey were the two first there. He fell near che old cellar on the grass. I saw him car- There was no one standing with ellv at the time, that [ remember of. He vas alone, a little distance from us. as

vas bright enough to see people distinctly, wut the wagon was near enough to the irees o be shaded by them.

Cros3-examined by Mr. Hodgson —I¢ was oetween nine and ten when the wagon came Jong. Iwas talking to Suse Inglis—not o them in the wagon. Suse was nov talk- ng to the people in the wagon. - any verson says that I or Suse was talking to he people in the wagon they state what is not{true. If Mary Ellen Byers, Mary srown, or Mary Aun Ryan said we were, hey state what is not true, [ did not see iny other girls talking to them. If any ther girls had to go out to speak 60 thein, 1 would have seen them. I did not see Smily Byers there, nor I did not see her langing on to the back of the wegon. li was on the wagon when it stopped She might have

ng from the |

}

no stones!

she t { would certainly see her. een on the wagon before 1 caine up and | rot seeher. Idon’t remember seeing Kelly intil I saw him standing'at the corner with the rest. { did not hear anyone simging out from the wagon “Tl give them firing stones”; nor did I hear them saying, ‘1 <illed one black son of a bitch and Vil kill, inother.” l heard Kelly sing ont. I did wt hear any of them say, ‘ Howl, you black won cf a bitch, howl,” althongh it might be said withont me hearing.

To Mr. Palmer—The first time I saw the wagon was coming from Hobkirk’s. I no- ciced one had a cap on and the other had a hat. They were dressed in dark clothes. hey stood three or four minutes. If Mary Ann Ryan or any one swears they stood here half an hour they swear false; and mnyone swears that myself and Suse Inglis alked to them for twenty minutes swears alse. I could not recognize any of the yrisoners in the dock as being in the wagon. [They were almost to the corner of the Jhurch when the first shot was fired. I sould not tell how far Kelly was from the vagon when he was shot. I could give no idea.

Joun Hucnes sworn—Examined by the Attorney General—I work at McKinnon’s

cannery. [ lived in town over twenty years. I live near Dr. Hobkirk’s. I re- uember the night Kelly was killed. 1 was

yoing up town and walked along by Mr. Byers’. Two women were sitting on Byers’ joor. I passed along, and when I got to he next house—Ryan’s—I recognized a wagon standing under the willow trees. the wagon tail apparently faced towards Grafton street, and the horse was facing the Governor’s pond. When I was about che first sewer the horse started on and then cummed. As they turned they fired one shot. As they came on they fired another shot, and when they came opposite me chey fired the third shot. When the third shot was fired I heard a voice sing out, “‘My God, I’m shot.” I went right on my way. Iwas rather frightened and did not zo to see who was shot. When they passed on [ thought I heard a voice which [ thought came from the wagon saying ae is one gone,” or something like that.

Cross-examined by Mr. Hodgson—I did not see anyone hanging on the back of the wagon. That all took place before I came along. I could not say who was in the wagon. It wasa bright moonlight night. I know Millner. I could not say he was in the wagon, [ did not hear nor see stones thrown. I did not hear ‘‘ Take that, you black son of a bitch,” nor ** Howl, you black son of a bitch, howl” from the wag- on. I could not say from what side of the wagon the shot was fired, nor | could not tell which of the men was driving. It was about half-past nine when the shots were fired.

To Mr. Palmer—After the third shot was tired I saw Dave Inglis coming running. His boot took the sidewalk, and he fell. I said, ‘‘My Lord, Dave, can’t you catch them fellows in the wagon?’ Kelly was about the same distance from the wagon as I was. We were the nearest. Dave Inglis was the person that came running after the shots were fired. I know Mary Ann Brown. { dou’t know whether it was her that was sitting at the door when I passed. Did not recognize her nor Mary Ellen Byers. Did not sse Mary Ann Ryan, Lilly Ryan, nor Emily Byers, and I passed along just as the shots were fired. Lhad guod oppor- tunity of hearing what the people in the wagon said. Did not hear them say at the} third shot, ‘“‘I killed one black son of a bitch, and I will kill another;” nor ‘‘Howl, you black son of a bitch, howl.”

To the Court—I did net see Suse Inglis or Rose Chiverie there that evening. When I came along the wagon appeared to be stancing at St. Peter’s Church. The horse seemed to be fidgety, and when I first saw it the horse’s head was apparently turned tuwards the pond and the tail of the wagon towards Fitzroy street. . When they turned around they were pretty close to the plat- form on the south side.

Were can you get the best Boots and Shoes for the least money? At Gass’

in the wagon spoke to/

I positively do not mews

PTR ENAMORADO "|

i ’ t :

ONEAP CROCKERYWARE

Crates Crockery-

N hand, Five . kes QO ware, which I will sell at much less

than cost, for Cash, WILLIAM BODD,

Queen Square.

———— ie

January 25, 1879,-— 31

ad —_

A DRAMA Ii V. ACTS,

HUNTER DUVAR

FEXHE above interesting book is for sale at all the Bookstores on the Island.

Col. Davar is happy in having selected for the theme of his drama, one of the most ro- mantic incidents of a romantic and soldierly time. The scene is laid in Spain, amid all the accessories of grave and gay, ood and chivalry, poetry and song, with room for the display of many types of character, —knights and ladies, oriests and soldiers, courtiers and peasants, cooks and clowns. Many lyrics in the author's best style are interspersed in the dialogue, which is, in general, quaint and sparkling.

Price : Paper cover, 50 cents ; in cloth, 75 cents.

Summerside, Jan. 25, 1879—

‘CHARLOTTETOWN

CEMETERY COMPANY,

HE Annual Mecting of the above Co.,

will be held at the office of the Marine

insurance €e., corner Great George and Lower Water Streets, ou

Tuesday, the 4th day of Feb’y next, at 4 o’cleck in the afternoon. By order, F. W. HALES, Sec’y.

Ch town, Jan. 25, 1879.

MAIL NOTICE.

M*: LS will be closed daily at this Office, 1 (Sundays excepted} at 8 o'clock, p. m.,

to all

and forwarded via Cape places abroad.

The British Mail for Canadian Packet sail- ing from Halifax on Saturdays, will close here at 8 o'clock, p. m., every Wednesday ; and for the fortnightly packet sailing from Halifax on the first and third Tuesday in February, it will close here on the previous Friday even- ing at 8 o'clock p. m.

Mails for all places West of Charlottetown and Summerside receiving Mails by Railwa train or Postal Car, will close here at 7 o’cloc a. m., daily.

Mails for Georgetown and Souris East and all places on the route to those points, will close daily at 2.25 p. im.

Post Office closes at 8 o'clock, p. m.

A. A. MACDONALD,

Postmaster, Post Office, Ch’town, " 2ist Jan’y. 1879.

Traverse,

Im

lixecutors’ Notice,

r E undersigned Executors of the Estate of Ralph Brecken Peake, late of Char- lottetown, in the Province of Prince Edward Island, merchant, deceased, hereby notify all persons indebted to the said Estate to make mimediate payment to them ; and all having any claims against the said Estate are meget a to render the same to the undersigned, duly attested, withi year from inn ’ bin. Dated this twenty-first day of January,

A. D., 1879. EDWARD J. HODGSON, GEORGE W. DgBLOIS, THOS. HANDRAHAN,

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PRINCE EDWARD ISLAND RAILWAY.

Se

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‘JHE SPECIAL T ecting 1 with the ** Nothern RAIN will, cease running antil further notice.

WILLIAM McKECHNIE,

ont Su rin . Ch’town, Jan. 18, 1876—6 in “i ,

REMOVAL! _

od QUIRK has removed his shop to - building. two doors to — | json the right.

ec, 26,--h pres Im