‘J’

MAXIMS 0F A I

MERCHANT

. tional ll alwayl degrading.

Generally speaking, the unu-

agll-llll Subscriptions flollvlrod “.00

iiPi t. ii Milli [‘ 5i,§iiNi

-=. her of Small-Sized Submarines.

(Canadian Press) GENEVA, July 5.—-Jupan is mak- ing a last determined stand at the tri-partite naval conference fo_r the treaty right to possess an unlimit- ed number of submarines under GOO tons displacement for the purposes of coastal defence. if she loses as appears probable, Japan will im- mediately ask, it is understood for an increased proportion of author- izedsubmarlnes ullder the project- ed Geneva treaty.

The Associated Press learns that this question has been one of the thorniest of the present negotia- tions and far-reaching in its rami- fications. for Great Britain has con- tested the Japanese demand for trn- restricted smali-sized submarines, because of the effect acceptance of this demand would have on France ill subsequent negotiations with both France and ltaly. .

Announcements," l . llomiusvents" Meetings’ Etc "ROBIN HQEAPLD ‘oral-NA

OATS. Better outs. _Bettcr china. rAll (lrocers. 75137-32 wks

"Reserve July 14th for Tea at Milton. 7482-7-2fw.

"Fort Augustus Tea Party Wed- nesday, July 20th.

7279-6-23-161

income to the ice cream social

at Graham's “Road, Tuesday even-

ing, July 6th,. 7540

"LOOR-Hmght! Filht! Fight! 0 What a show, Victoria Hail to- night, Masonic Hall, Hunter River, Thursday. 7552

"Mammoth Tea ‘Party at St. Peter's, Wednesday, August 17th. 7409-6-29-wfm9i.

"Grand tea party at Cavendish liledncsday. July 6. Do not miss ii. if not fine, will be ilteld follow- ing day, THTUQQ-WNH. 4i

"Inquire Re Chronic Diseases

112 Prince Street. Dr. Cllft. Don't delay, recovery in next three months. 008341 Sept 3.

"lComo to ice-cream lawn dance and horse-swing at Bcnshaw, Tri-

day the 8th. THO-TQM.

"Railings Hotel at North Ras-

tico is closed on account of. slcir‘

ness until lurliitel- notice. 1541-7-6-8-1

"Social and dance ‘Webster's iCorner, Friday, July ilth. Ladies

‘with _pies free. v 7573-7-6-3i.

"icome to the ilcecreulu ‘Social in South Granville School loridily. July s, Proceeds in flili or sell-wi-

"The tea whirh was advertised o take plaoe in Souris on July 2111i as rbeen postponed ‘until Auslll‘!

lit-h. Announcements later. ' 7577-74 3i

"fiRomomber the date. llVlfllldlly- liuly 18 for the usual good tea and pleasant social time at the ‘Festi- Vnl iii Marshflel-ld. 7564

Jmeserve WodneadayJuly thirt- eenth for the West (hvdbead An- -n‘riai Tea at St. lemon United Church.

"Warning-shoal: forget stupen- dow ‘ able-w Soariti Thursday. ltieongetown hiliayfliiloniague swi- unset-ace this om lflmli my" nee anmmrx- - ,

way-wanna

' o no p l ‘ .U‘

‘_ a “ v o... 15.0. White u _ parrq-itao

_' a ‘tail

rsaz-‘r-e-‘rll i

- e . ' TlBQS-‘i-iirfll-

regional -.-a4-.. ,_,_, _ 1' n " will

m” [hivefltocir

‘all. Canada and U. B. A. “.60

Relief ‘For Stricken People Object

(Canadian Press)

GENEVA, July i5. — Tile adop- tlolrof a convention for collective governmental relief for people stricken by diuustcrs- like earth- quakes alld floods, is the object of an international conference which has just opened at the League of Nations under the presidency of Dr Wilhelm ifueiz, former German

.. ii T Ht Niiii %fiENBE

IIUNF

China , Issues, Solemn Warning That Dele- gates Must Not Dis- cuss Questions Af- fecting Her . Inter- ests.

(Special to lthe Guardian) ‘GiENlEVA, July '5. — Fouri-h of July Chinese fireworks exploded at hte tripirntite naval conference t0- day when Nationalist China issued a solemn warning that the dele- gates must not discuss questions affecting the interests of the Chin- ese people.

This warning was communicated to the press by -C‘hu Chuo-‘l-isin ‘Citinese member of .tile Council of the League of Nations, from his Lakeside yillo. it is believed to, be, ‘China's answer to the reports in British newspapers that Great Brit- ain and Japan are considering the wisdom of renewing t‘lle Anglo- ilapanese ‘Ail-hence, ‘ which expired ‘at the Washington Conference when the four power ‘Pacific pact was substituted "for lt. p

‘Chinese circles see in such ro- newal an Anglo-Japanese combine against Chins. -ii; has been repeat- iediy reported in the press ill the ffar East, said iChu in hi 1S formal statement, "that the Naval Confer- ence now sitting at Geneva may al~ so consider‘ questions relating to ‘China. l am therefore requested by the Chinese ‘Nationalist govern- ment to declare that the Nationalist and people of the Republic of China will reins‘: to iecllgllil-B My decisions affecting China which may lbs arrved at by lilo iifPfielii- or any other conference ill wilil-ll China is not represented and is not participating ill a position equally in the deliberations."

Chinese Expel Russian Advisers

(Canadian Preu)

TDDNlDOiN, July 5.-—-Rerlters listl- kow correspondent says n uulnber of the Russian advisers to the J-lan- kow nationalist regime who were recently ordered io leave the l-‘lli/ have departed by train for Cileug Chow. Houau Province. Marshal llbng Yu-l-isianx. who ordered the departure, provided u guard for tilc expelled Russians.

._._-..___@-

"Too, Party-eConfederntion Tea Party by ladies of Vernon River parish on Saturday, July 30th. All rights reserved. / -

7i618-fi-5-2l

"iPri-silyierian notice-‘Delexllle! arc cooling by train lto attend ‘the Presbyteriul ui Belfast. gill!’ 14"‘- lKindly collie to "Jdodh-ia Station on July 13th, Etta MaeW-iiiiam. Gen. Sec'y. 7601-1-6-31

u] (‘J earn Festival Monday sv- emnie Jfpy iilt-h on fioutbilort School Grounds (plowed! 4°’ 7* seatln: SchoPi-l Dimcmg m: rounds. ‘Ev_er1ybo:iy_ “giving! n“ ihe cozne ioiowul. l- 7mm (ML . i _____

camp-farmers interested [in adilgtl- ‘ . it l mar ' an ‘mpmvogrglinyiied’ to ail-find "Temperance Hill r ffhufgdgy evening. 7.80 o'clock. The mum, M“ amok Branch will B 1n,“ and definite sells"

--' - iil l taken. J A‘ _ indicated Jill“ W 7,304,“, .

flmsqtiils in deington. u ‘lib at

. d bQlp tolivo the lillllllill” i‘ W“ t ' o‘ n well u. "transitivel-

qqagmgpgqzpaoted to provide the ' m“ meet, at the

‘ y slitiodrbstweau 1 and 2 ll-

“en. M!

vmngpoint. the children

all and be present.

Oi Conference _

[m] mes Sunday School tilc‘ iii iluelheid on Wednesday Illi-

‘li , . - . flgflfl- I iii week at Stanhtrpt.‘ p " 1i fllilorPfrslitslare ‘invited to Ctillli‘ Johllstrlll llBPB fill!!!“

Covers Prince

. w;

Island Like the Dew RPW

\\\\ .

Eve

CHARLOTTETOWN. CANADA, WEDNESDAY, JULY c, 1.927

Return with A v Prisoner.

Tile (illill: of the King vs. Byers concluded ut the Supreme Court yesterday. After the address Lo tilc jury by the lawyers for thc Crown and defense and the charge to the jury by Chief Justice Mutilie- s0n,,tltc Jury retired at about 12.30 and returned at 2.50 the foreman announcing that the jury could not agree. ills Lordship replied that he coultl not see, how they coild disagree, with tho evidence at bullll and instructed the foreman to rc- illrrl i_'or another hour. The jury rctireti to deliberate again and ill less than halt‘ an hour brought ill u verdict of Guilty with u strung re- commendation of mercy on account of youth." The Chief Justice thanked ‘the jury and told them the recommendation would re- ceive proper weight. He then dis- charged the jury.

The following are the addresses to the jury:

Mr. J. J. Johnston, K. C., said lll purl: Ono thing distinguishes u lrial by jury in this country from other couutries-ycomen are sei- ected \vllo emerge not frorll thel dust anti cobwcbs of the study, but from the free open and pasture land to sit in judgment on ills fel- low mall. He said he had experi- etlce of thirty years at the Bar and fronl this experience he hoped‘ the privilege of trial by jury would never be tuketl away. l-le would be satisfied if they returned a ver-' dict that would send the prisoner to the penitentiary if they were satisfied of his guilt. They must not bc prejudiced by what they heard or read in the Papers anti they must not be swayed by the fact that the Administration oi’ Jus- tice has fallen tlowu during recent years. This young man, said Mr. Johnston has never been "before a Court and if the Crown hall uny- thitlg against him they would have brought it- against him. The charge reads that the prisoner broke into the factory of the Coll- doused Milk vFactory with intcltt to stcal-vthtrt fact must be establish- ed beyond arly reasonable doubt. You will he instructed ill the luw by His Lordship, but you unll you alone render the verdict. No util- er power or authority can wrest this privilege front you; _you are the men ntld you only are to rend- cr the verdict. The Crown must prove a break; ' they must provu prove some one entered the build- ing and must prove the intention of stealing and they must provo it was the prisoner ill the duck. if they fnii to establish the facts on any oileiof these the prisoner is err- titled to the verdict of not guilty. Tile first question to consider— was there an entry made? if the glass was broken and the marl did not enter you cannot convict for etitering, a most serious charge, and one that would send this boy to tile penitentiary. Onc witness said the glass was l0 x l4 or‘ 12 x

12; (here counsel asked prisoner to stand) "Could that broad-should- ered boy get through a pane of glass 1O x l4 or 12 x 12?" l say it was physically impossible for the prisoner to squeeze through this opening without slnusiling the snsil." 'l‘lle doors were locked-- one witness swears thaw-but uotll- lug was stolen. Then they tell you thcrc was sortie blood on the box, blood on the pane of glass, blli ihey did not tell you wirethcr the blood was inside or outside. ‘Why did they not bring ihe box into court? That wasthc duty of the Crown and why was it not shown to yoil.‘ The Crown has failed to show that this boy entered the building. Tllcy must also provo if entry was made that it was mulls with the intention of stealing What evidence have you of this? No goods were foutid on him; not a peuny‘s worth of goods have been stolen, so "far as the evidence‘ shows. They find a man outside the window lying on a fur 00st,, 1s that the act of a person entering to steal stuff or is it ihe act of a drunken motif. They said notiiin

to him and he ran away but came back,‘ picked up um coin and threw it la tns-windom-lttnlrn the evi- dence. Another queltion wasflie the prisoner thspar wiufwas there that flight!‘ ._ _ at's‘a ‘ques- tion of ideniiificltiohii only‘ m6

i men wereon‘ tiiei stand who said

they were there that night. Ohe man said he all no ideawbo it was and ihe othe could ‘not swear posi- tively. You saw the frantic ef- forts to make one witness, Gregory swear it was the prisoner, he saw ibai night. filled with cases of innocent men. some of whom have tone to the cuilows on idafltificatiitli. Mi‘. instances ‘wilcrc witnesses on "oath identified

Qui-inriconers but later found they were

in urrnr. Lord Aiventoit. said Mr. Johnston. RIfOIiflY denounc the motimli of noinilnz a tinge at a

nus iiiilNll ‘liiillii. lo BE snlucrll iHiiliSiiAi

Jury having disagreed were sent back to

erdict Against Th '1»... ‘

in “ilalnmering" at n. witness in an endeavor to make him any "that is the man" ill the face of his Police Court deposition. You have seen Btlssie McCiositey and her hus band on the stlllld———“sweet Bessie McCioskcy who tried to railroad this mall to the penitentiary." Not only are tilt-irnlullea/ntii on tilcrin dictmelli, but they are left us wil- ncsses until theyery close -of the

“hm

case. lvilcee case is iilis ally- wuy’! Police " Officer ‘Watson Higgins vs. id, Byers-ibis is his

'l‘hcre is an alliance‘ he- Police anii Bessie Mc- Closkey. That is why her name wus suppressed. Wily ihis- alli ence‘? Because the Police have "fallen down" on the job the same as the administration of Justice. Just look at her story. She could tell that story on anyone for a con- sideration. She got a conside atlou; ill one case she got $60.00, bul we were not told where it came froln. Peter Bradley could lloi pay it-ilc could not afford it. is that tilc way we are to get convic- tiorls——~by paying a coilsideratlon.

ou have seen her self assurance on the witness stand, but lmay have n lot to say about Bessie Mc- Cioskcy yet in this Court. ln re- ferring to the fur coat Mr. John- ston said that this was done by the Crown to insinuate that the fur coat was stolen and to prejudice your minds. He submitted the evidence of ihe Crown was entirely unsatisfactory, and in concluding said the prisoner was entitled tc the benefit of every reasonable doubt and they must be convinced ‘he is the mall.

Mr. Donald MacKinnon, K. 0., next addressed the jury on behalf lQLthe-nlrtiaecutibn. .110 defended the method of prosecution anticom- piimented the officers of the iuw for the way in which they ilud coll- ducted themselves. The firsi consideration, said Mr. MacKinnnu is. was there any breaking internal or external. We ilave the evi- dcncc of Mr. Gay and Mr. Gregory. that they heard a noise“ l window was broken from the out- side. Tile evidence is perfectly clear and it is for the jury to de- cide.

Was there an entrance? Mr. (lay states that he saw the feet oi u nlau going out the window. Thai the intruder bore the intent tc steal can bc seen from the fact that a box of butter had been re nloved from the pile and curried to the foot of the window,

Who did the stealing? Tile pris nner had been at the factory many times. He was well-known there. That day he ilud secured a can oi butter-milk there. It is a ques tion of identification. Gay had seen the prisoner at 12.15 thai morning clad in a fur coat. inquir- ing for the Egg Circle. This is e peculiar feature of the case. Why should l1 young man be out at that hour on u cold winter night inquir lug for the Egg Circle. The other witness, Mr. Gregory, after till alarm, ilud seen a rrtan ‘lying on the ground, runaway. then come back and throw the coat at him, and be lieved ‘this person to bc the prison

case. tween the

Q -1

There is an attempt made at an alibi. Tile first witness and his wife testify that the prisoner war in their company from 8 until 11 o'clock on the night of the rob bery. This makes no difference Their evidence is vaiueiess. Tbs only other evidence they have it that of a man who awoke from a drunken stupor at 10 o'clock thal evening and the prisoner's mother. Their evidence is denied by the police who state that nobody came out of the house between 1.30 and 3 o'clock. Another peculiar fea ture is that they saw no lights on in the house. How could Mrs. Byers reed a book without a iighti She says that her Jfather and moth- er were in "bed, but the. old mar. was seen-mp at the Police Station at 1.80. ' it ill for the gentlemen of the jllrytttrjudge; *- " _‘ , Hie, Lordship ‘the Chief JdfllcQ oaid "the evidence llnl its ‘different aspects has been fullylbrese‘ ‘ted by counsellor the. Crown ‘an e- fonse. His Lordship Than H8 theulbarge on the Bill of lriiiict- ment ‘and said there are three things the Crown is required to prove in order to establish an of fence: fat. that time was a breaking and entering; in the next Diane thutlit ‘was ‘the intent to steal and lastly‘ that it was the prisoner who broke and entered

‘Pile "will m review wan this felonious ‘tempt. - Coun-

sel for the Crown qplte fiorrectiy told you what breaking a d enter- logwab. ‘an? Jis w, ‘ do ‘of ill-ankle: and enteritis in cue There la “Hence sufficient or. ‘you to exercise ydilr Jud ‘

bruit iil d“ lie . M he pile 3d ‘placed is? bl‘- , allow

_ rillullsl‘ Mid‘ iQPMiiYi-ll 159m “whoever i621! that it a‘ iilis planner. " 1__|l ! all! dis-Mk ‘m1 maydd it t5 the filling:

7579 nounced the attitude oflt 6 Crow 9 M?” w. wing“, m,“ ‘h _‘ .‘ .-.‘

i.‘_- - . .. _ Y» . H 1x

ii seized,

Honor |I due the

dian tateamen who brought about

Ion of Canada. _A quartet of these

daughters of those pioneer Cana-ered at Toronto

(HONORED BY CANADIANS

The really social man is the man ' who knows how to share.

‘uiitxlms .‘

OFA

MERCHANT ,

this week

ahown. From left to right theaeC

the Confederation of the Domin-are, Mrs. W. D. Gwynne, daughterTlliey, and Mrs.

of the Hon. James Cockburn; Missk

aurvlvinpConfedoration daughters who path-Hortense Cartier, daughter of Sir laGeorge Etienne Cartier: Mrs. J. D.

hipman, daughter of Sir Leonard George C. Mac- of Col. John

enzle, daughter

Hail Thompson.

the person who broke and entered with intent to steal. l charge there is evidence of breaking and entering. There is evidence of ill- tentlon to steal but now you come to the point where your real diffi- culty comes in—who did ‘this? You have not to find who that person was but whether it was the pris- Jner at the Bar. Why is this prisoner at the Bar on trial now‘! Why is he brought forward as the man who did these things? Gay, a cheesemaker at the factory testi- fies that at 12.15 one night the fac- tory was broken into. Going home near the factory, he swears he met the prisoner. He appears to have uo doubt. The prisoner was wear- ing a fur coat. It was a very cold ‘night. HHe ilpoke to the prisoner. Wttness knew the ‘time he left Charlottetown-at 12 o'clock. Tile prisoner stopped and talked with him, so it was not only the obser- ration of a passerby, but the stop- ping and talking. We all make errors in identification wiien the‘ parties ure a distance away bllt when he stopped and talked it takes on a new quality of strength. This witness does not come before this Court to swear false. One man .nay get tip and swear “yes” and mother "no" and you would not ‘mow which to believe. in review- ng the case and the different wit. messes you may believe one and llsbeiieve the other, you must con- sider the character and lndeperld- ance ofthe witness. This-witness Jay, went to Gregory's where he boarded and as it was very cold but night the latter wished to go to ihe factory to see about some valves. When they entered Gay law a man g0 through a window. He told about tile box. the blood ltalns on the box, blood stains on he broken glass, blood stains on the coat. This stain of blood ran zhrough in regular sequence and points to the guilty person. Who- aver broke that window and nlov- 1d that box appears to leave the blood marks Gregory says it was u colored man or a dark luau, but in the end Gregory cannot be ibsoilltely sure. lie cannot swear “be man he saw is fireman that alts ill the Box. i am sure you will lee there is a grave doubt here. The situation is surprising-a man lpraug up from the ground and brew u fur coat and Gregory did not know-what was coming next. in the excitement he could not tell who the mall was. He was a col- lred mall. The prisoner was ar- ‘ested at 9.80 the next morning. When’ examined it was found the 'ittie finger was cut bone deep. Evert after eight or nine hours it lvas still oozing blood. it was cut‘ IS if by a sharp instrument and oiecl so that on the right side of rout there was blood. The prison- er explained this. Here you will ixercise your own judgment, 1-13 (the prisoner) explains that he and whitened been drinking in his mother's house nd remained, there lutil twenty mhutes to two and then White went home and lent the yottie Bbflillfiila third full. when lorue one knocked aging duor and the alarm w... sent that officers of the law were at the door on a raid, and he thought thebottitfwnuid be what did he- do? if it were you would you throwthe bottle away or would you run out an the ‘roof carrying the bomb with you and destroy it. ‘But be ‘lays he got out on the roof with the bottie. Another ‘feature of he wound-he says f smashed the ‘Mlle when I soc out nut cut my finger on the glass. You surely must have been greatly impressed with the police who appeared on the stand-don "could not fall to be Impressed with their zeal and activ- ity. Those men told you that aft- or 9.30 in the mornlnpthey took