a ig:

aia

THE NOVEMBER 10, 1888.

Seott Act Decision.

} Vu ; vs lus Supreme Court of this Province,

present sitting, gave an mport-

] - » ¢) . \ auring the pes

ant decision upon a potat of law arising out of a prosecution under the ¢ inada Temperance Act. The facts ol the case

are that, during the past summer, Prosecutor

}

Henderson laid an this city, charging him

information against Clement Benoit, of with having sold liquor between the sixth

of April and the sixth of July. Upon this

information a summons WAS issued and

served on Benoit, and he appeared before the Stipendiary Magistrate to answer the sold

the

of having dates. At

charge against him, viz., liquor within the above tria], a large number of witnesses were eXx- but they all failed to prove the

d the Magistrate dis-

Benoit then ap-

amined ;

)

allewed offence, an

missed the information.

plied for and obt iined from the Magistrate

a certificate of dismissal under the 56th section of the Summary Conviction Act. That section reads as follows “Tf the

Justice dismisses the information he may, when required so to do, make an order of dismissal of the same, and shall give the defendant a certificate thereof, which cer- tificate, upon being afterwards produced,

, without further proof, be a bar to any

eguent information for the same matter

uinst the same defendant.

Shortly after the dismissal of this infor- mation, the prosecutor laid an- other information against Benoit,

rging him with having suld liquor between the Ist of May and the th of August to a man named Henry ;

snd on the trial of this last information,

Hienry swore that on a day in the last

f June he purchased liquor from Benoit, and on this evidence Benoit was convicted need totwomontis’ Imprisonment.

that

ind sent was argued before the Magistrate,

»CHhOit could not be convicted be-

;

cause he was protected by

the previous

dismissal,—-that the 56th section of the

Summary Conviction Act meant what it

said, i. ¢. that the certificate ehall bea bar to hit) subsequent information for an offense committed within the dates covered by the The Magistrate decided

otherwise, and convicted Benoit. Anapplica-

distrissed case. tion was then made to Chief Justice Palmer ior a rule nisi for a certiorari luo quash the conviction. After hearing counsel, His Lord- ship granted the rule nisi which was heard before the three Judges on Thursday last. The case was on that day very fully argued on both sides, and the court unanimously that the conviction was

held wrong and

should be quashed on the ground that the defendant was protected under the above mentioned section. The rule, therefore, was made abs lute, and a certiorari ordered.

lt was said during the argument that no injury would result from holding, as the Court held, because it was always in the prosecutor's power to have all his witnesses present to support his case, that he should

not go to trial without being prepared with

his evidence, that had Henry been ex- amined on the first information, the dis- missal might not have taken place ; that the power of the prosecutor to lay an information charging a man with having com mité an offence on a day not named was a strong power and gave him a great advantage; and that it was nothing but fair that, when he failed, the defend- int should be entitled to the beneiit of the

v, even if farther evidence should after-

wards turn up.

Che argument on both sidesjwas listened to with great attention by the Court; and the decision met with the approval of the leading counsel present who were not en- We therefore

From a layman's point of

, o vaged inthe case. must

accept it as law. view we think the decision a just one; tor it would be manifestly unfair to sub- ject # man to be tried twice for the same offence when the Act says that the certifi- cate of dismissal shall bea bar. This is net allowed in the highest crime known to the law, even if the acquitted person should afterwards admit hiszguilt ; and, however much we may regret that violators of the law escape unwhipped of justice, it fo see why a different rule should prevail ina Scott Act case. In fact, «after reading the 57th section of the Summary Conviction Act

is diflicult

would be know where the room for doubt

one curious to rose

nn OG

the Crops of Ontario,

REPORTS anent the results of the harvest ‘n Ontario are much more satisfactory than they were earlier in the season. The averagos compiled from the threshing floors are: Fall wheat per acre, 16.7 bushels;

pring wheat, per acre, 17.5 bushels ; bar- ley, 26.1 bushels ; oats, 35.4 bushels ; rye, 19.4 bushels ; peas, 20.5 bushels.

averagi

These s are, on the whole, fully up to e of furmer years. After all, the great icultural

inore

+}

Province is not very much uctive than little P. E. Island. i a OG erenimcseninateenenans

es rom a recent speech by the first Lord vi the Sritish Admivalty it appears that Vig Tull s STO} 3 are deing taken ie maint tin Engiand ssupremacy onthe sea, In addition to those already afloat there are now in progross of construction sixty-seven ships if r;and of these, sixty-three will be realy to go into commission inside of eighteen munthe,

ce en TES on

Varia.

Everyone will congratulate Lord Dufferin on being raised a step in the peerage upon retiring from the Vicereyship of India. By special request of the Queen he will tuke, in addition to the title of Marquis of Dufferin, the style of Earl of Ava. Ava is the ancient capital of Burmah and Her Majesty wishes to connect the Viceroy with the annexation of that country, which took place under his rule of India, Lord Duilerin is the ablest diplomatist in the British Service, and his assumption of the post of Ambassador at Rome will bea pledge of our friendly attitude towards King Humbert, and also a species of retire- ment for the Ambassador after the tremend- responsibilities of India, Lord Dutferin’s term of office has been most successful, his solution of the Penj-deh difficulty highly honorable to all parties, and his smoothing down of the irritations caused by Lord Ripon’s maladroitness most

valuable to the masters of India. ~~ +

ous

King Milan has sprung a surprise upon Europe. After having consented to allow the Consistorial Court to try his petition foa a divoree, and while the court was con- sidering the case, he suddenly produces a decree of divorce pronounced by Theodo- sius, Metropolitan of Servia. Ecclesiastical iffuirs are slightly mixed in that kingdom of pork butchers. Theodosius’ predecessor was deposed by Milan and now lives in Russia regarded by many as still the canoni- cal Metropolitan. He was got rid of for acting indedendently of the Holy Synod, and now the King has persuaded his suc- cessor to do the very self-same thing. Ina formal document which he addressed to the Metropolitan he spoke of him as—in his character of Archbishop of Belgrade und =Metropolitain—** not only masters In your own diocese, but supreme over the other dioceses. Your are the autonomous chief of the Orthodox Church, and, as spiritual judge, superior to all the other princes of the Servian Church. Represen- tative of God on earth, your Holiness holds an exceptional situation inside and outside the Orthodox Church.” The question which naturally arises is, if the Metropoli- tan be God's representative, why did the King depose Archbishop Michael.

+ *

The reason of this sudden step is to be found in the conviction which Milan had that the Consistorial Court would not give a favorable answer to his suit for a divorce. When he returned to Belgrade last Friday the Metropolitan alone received him. Going toa meeting of Bishops, the King satirically enquired after their health, say- ing he was afraid they were on their death- beds as they did not come to welcome him home. Then, waxing wroth, he soundly rated them and told them that he could do without them. He has shown that he can do so. But it is not by any means certain that the Metropolitan’s divorce is worth the paper it is written on. Queen Natha- lie will be sure to test its legality by and every means in her power, and since she is more popular in the country than her hus- band, it is possible that this temporary tri- umph may cost him his throne. However wrongly the Queen may have acted*and she has been very iujudicious —it cannot be forgotten that the King has grievously wronged her, that his conduct in the war with Bulgaria was cowardly in the extreme.

+ % .

The question has often been asked me, more especially by my young friends, ‘*Why are barbers’ poles painted with stripes, and what is a gilt acorn always placed on top for?’ Of course most of your readers know the answer. In ancient times the barber was also the surgeon and combined with his tonsorial occupation the work of bleeding such patients as were brought to him. Thus the stripes upon his sign signified the two bandages, one for twisting round the arm frevious to blood- letting, and the other for binding; and the gilt ball on top represented the bowl in which tke blood of his victims was caught. All readers of Don Quizote will remember the incident of Mambrino’s helmet, when the knight of the dvleful countenance espied a barber coming along, mounted and carrying his basin, whereupon Don Quixote immediately gave him fight and captured the vessel. The lute and violin, in former times, were also among the furniture of a barber's shop. This was, of course, before the days of newspapers, and he that was of a musical turn of mind amused the waiting onea by performing upon the instruments.

Most of us have, some time or other, I think, been struck with the conversational powers of barbers. Until I arrived at a shaveable age, I considered the jokes made upon them in this respect as exaggerations. But I find that even so long as three cen- turies ago they enjoyed the reputation of being nimble-tongued, pleasant-witted fel- lows. William Rowley, the dramatist, in ‘**A search for Money, 1609,” thus des- cribes him:—‘* As wee were but asking the question steps me from over the way (over- listning us) a news-searcher, viz.: a barber: hee, hoping to obtaine some discourse for his next patient, left his banner of basins swinging in the air, and closely evesdrops our conference. The saucie, treble-tongued knave would insert somewhat of his know- ledge, (treble-tongued I call him, and thus I prove’t: hee has a reasonable mother- tongue, his barber-surgion’s tongue, and a tongue between two of his fingers, and from thence proceeds his wit, and ‘tis a snapping wit too). Weel, sir, hee, (before hee was askt the question) told us that the wand’r- ing knight (Monsieur L’Argent) sure was not farre off ; for on Sunday night he was fain to watch till morning to trim some of his followers, and its morning they went away fromhim betimes. Hee swore hee never closed his eyes till hee came to church and then slept all sermon-time; but certainly he is not farre afore, and at yonder tavern (showing us the bush) I do imagine he hath tane a chamber.” In ancient times the barber and tailor, as news-mongers, divided the crown. The barber not only erected his pole as a sign, but hung his basins upon it by way of ornament.

+ % *

The term “‘ humbug” is now commonly used, but I question if many of those who employ this expression could, if called upon, give a satisfactory explanation of its origin. For experiment, I have asked several persons its origination, but in every case failed to receive the right answer. It originated, | believe, in the following man- ner: —During a period when war prevailed on the Continent, so many false reports and lying bulletins were fabricated at Ham- burg, that at length when any one would

signify his disbelief of w statement, he

t

THE DAILY EXAMINE

A TA A Ce

a tt CC NO

Rk,

would say: “You had that from Ham- burgh ;’ and thus ‘* That is Hamburgh

which was soon corrupted to Humbug became « common expression of incredu-

lity.

a i ied

Jumped for Their Lives.

MISS DAWSON, OF CHARLOTTETOWN, AND A LADY FRIEND ESCAPE FROM A SMASH-UP ON COMMONWEALTH AVENUE, BOSTON.

Down Commonwealth Avenne, yesterday afternoon, dashed a pair of horses, dragging

a Victoria in which were seated two brave |

young women. There was no driver on the box, and the reins dangled at the feet | of the frightened animals. Near the cor- | ner of West Chester park the two women | jumped from the carriage, were thrown several feet, and there lay as if killed. A. short distance farther the runaway team crashed into a carryall, demolishing the wheels of the latter. Then the horses ran on again, but only for a short distance, for mounted patrolman Underwood’s strong arm put a stop to their progress. During this exciting episode scores of persons first turned aside to hide the sickening sight, and then rushed to render assistance. The two young ladies were severely bruised. The driver finally put in an appearance. He had been thrown from the box when the carriage struck the railroad track, but he was not hurt.

Miss Dawson, of Charlottetown, P. E. 1. and a lady friend, both stopping at Young’s Hotel, had hired the Victoria of the Boston Cab Company for a ride to Corey Hill, Brookline. After a pleasant drive the horses’ heads were turned homeward. Just after leaving Corey Hill a bicycle flashed past their fac@s. They at once broke into a mad run up Commonwealth Avenue. The driver could not stop them. He lost his seat when crossing the track of the Boston & Albany railroad, and for a long distance the women were left without a protector. li seemed certain death to remain in the carriage, and it looked equally dangerous to jump. But they took the latter course and were saved, with severe bruises. Miss Dawson had a leg badly strained and will be confined to her room for several weeks, Her friend!was bruised and scratched about the face and head, but escaped serious in- jury. They were carried to their apart- ments at Young’s Hotel and medical assist- ance was procured.

The carriage, which was wrecked by the runaway team, belonged to Henry \Q. Simpson. The occupants were not injured although they were badly shaken up. Officer Underwood deserves special credit tor his bravery in stopping the runaways at great risk to himself.—Boston Globe, Nov. 5.

} |

Football. Srtr,—In the Summerside Journal, of the 8th inst., it is stated that the St. Dunstan’s

College football team gave the Park Club *‘ a terrible beating,” the score standing for St. Dunstan's, ten rouges and a touch-down, to nothing.”

This is not correct. The Park football club challenged the St. Dunstan's third team; but in place of them, they played against a team madeup of two men from their first or best team, three from their second, and ten from the third. This made their crowd a great deal heavier than ours, who are all boys under sixteen, with one exception. The spec- tators allsaid their team was twice as heavy as ours; but they gave us no ‘‘ terrible beat- ing,” for the score wasonly one point for St. Dunstan’s, as rouges do not count. The third team cannot claim even that point, as they did not win it.

Yours, &c., One ov The Park Crus. nlp enn —mtene

Personal.

Rev. James Carruthers returned from Hali- fax last evening, and will preach at both ser- vices in St. James’ church to-morrow. The sermon in the evening will be for young men especially.

One of the first persons to profit by the tele- phone which now connects Paris with Mar- seilles was the King of Portugal, who, as he landed in France, placed himself in tele- phonic communication with his wife.

Cardinal Monaco, the secretary of the Holy Offive, who signed the Papal rescript against boycotting and the Plan of Campaign, Is one of the ‘nost influential members of the Sacred College, and is often regarded as next in the succession to the Triple Crown. He is an Ultramontane, and extraordinarily firm in his convictions.

So far the returns indicate that the major- ity of the popular vote is with Cleveland. That doesn’t give him the Presidency, though.

HAWKERS

TOLU AND CHER),

A Favorite and Most Valuable

Remedy for ali Throat and Lung Diseases,

It has cured hundreds of cases considered hopeless. It soothes, heals aud strengthens the diseased or irritated Throat and Lungs in avery short time. Just a few doses will cure a fresh cold if taken in time. Price 50-cents per bottle. For sale at the Drug Stores.

3 W. HAWKER & SON, Proprietor, St. John, N, B,

TQ THE TRADE!

IN STORE AND TO ARRIVE:

30 '} Barrels Choice No. 1 AMERICAN BALDWINS, ex steamers trom Boston,

500 Barrels No. 1 WINTER-KEEPING APPLUS, from Annapolis and Cornwallis, in Baldwins, Ribston Pippins, Russets, Kings, Thompson Seedlings, RK. I. Greenings, &e.

Orders from dealers will receive prompt attention.

novl0—ly dy

A. McNEILL, Auctioneer.

Gravensteins and Winter-' Keeping Apples.

B* AUCTION, on MONDAY, November 12th, at 10.30 o'clock ;—~

200 Barrels, in Gravensteins and Winter- keeping Apples.

nov9—tf

nme CS a ee tae

en mm ae

‘Norfolk and

. SATURDAY.

ot

“NOVEMBER 10 1888.

contain a AN

LYCEUM HALL,

CHARLOTTETOWN.

| TWO | Friday and Saturday, NIGHTES,

NOV. 16 and 17, -~AND-

‘Grand Matiaee, Saturday, Nov. 17, at230P. a.

PECK & FURSMAN’S SPECTACULAR

MAMMOTH

Unele Tom's Cabin Co.

As performed 100 Nights in New York City.

Produced with New and Realistic Scenery, New and Correct Costumes, Elaborate Proper- ties and Appointments, Appropriate Music, Characteristic Songs, Choruses and Dances.

A GRiND SPECIALTY OLIO! PHE GREAT FLOATING ICK SCENE,

Exciting Steamboat Race on the Mississippi the grand allegorical tableau, ** Toe Gates Ajar, and every accessory that can give Picturesque Effects and Brilliant Scenes, :

Grand Free Street Parade at noon, worth going miles to see,

General Admission, 35 cents. 50 cents. Children, 25 cents.

Matinee Prices--Children, 25 cents, 35 cents.

Reserved Seats now Onsale at Reddin’s Drug Store. 5i-—novid

Reserved Seats,

Adults,

Clipper Schr. “E. Croweil,”

BUTLER, MASTER,

\ JILL take freight for the Beach Wharf, : Murray Harbor, Georgetown and Montague Bridge up to WEDNESDAY evening next. Reduced rates for quantities.

For rates apply to Hon. D. Davies, or H. Haszard, Queen Street. nov1l0 3i pat

- §T. PETER’S

CONCERT |

CONCERT will be held for the benefit of the above Church, in the

Y. M. C. A. HALL,

—ON—

Tuesday, 27th Inst.

Many of the leading Musicians of the city have kindly promised to assist, and ROM- BERG’S TOY SYMPHONY, never before perfortned in this city, will be given.

Tickets 25 cents each, to be obtained at the Drug Stores. nov9

P. B. ISLAND RAILWAY.

THANKSGIVING DAY.

—_— -—

ETURN TICKETS at one-first-class fare will

be issued to and from all Stations on this

Kullway by Afternoon Trains on November lith,

and by all Trains on November 15th, inst., good to return up to and on 19th November, 1884.

J. UNSWORTH, Superintendent. Railway Office. Ch’town, Oct. 26, 1888. nov9—dy 5i pat 4i her pio guar li

CANADA ATLANTIC Steamship Company.

——

THE §. §

-WILL LEAVE-

Charlottetown for Boston

VIA BMALIFAS, nl i

Thursday, 15th of November,

—AND—

Boston for Charlottetown

—ON- Saturday, 16th of November, Wednesday, 2ist November.

Throvgh Tickets issued from all the P. E. I. Railway.

The “HALIFAX” has been built specially for this route, combining SAFETY, SPKED and COMFORT,

The Fastest and Most Palatial PASSENGER STEAMER between BOSTON AND THE PRO- VINCES.,

Luxurious Cabins, Elegant State- rooms, Grand Dining Saloon above the Deck, Palatial Social Hall, Spacions

Smoking Room.

Connecting at BOSTON with Fall River Line ior New York; Metropolitan Line for New York; Canada Pacific Railway for Quebec, Montreal, Toronto andali Canadian points; New England and Savannah 8. 8. Lise for all Southern points ; a Steamboat and Railroaa Lines south and

est.

At HALIFAX with Steamers for Newfound- land and St. Pierre. also steamer ** Electra” for Lunenburg ; shortest route to Chester, Bridge- water, Mahone Buy, &c., &c.

At PORT HAWKESBURY with Steamers of the Bras D'or Navigation Co. for Sydney, Bad-

Stations on

deck, Whycocomah, and all points in Cape sreton. FARES =: Charlottetown to Boston... 0.5... 6ccccececk $ 6 50 Charlottetown to New York, via Fall River SER OEI ET ONS Oscceseeece ‘bbe da tie bw eds «

Including Cabin Berth. Staterooms Extra. Through Bilis of Lading issued to New Yor. Philadelphia, Baltimore, Providence, Savannah, points in Ontario and Western States. Also to Liverpool, Londen, Giusgow and West Indies. For Freight cr other information apply to FENTON T. NEWBERY, Agent, Charlottetown, P. HK. 1. CHIPMAN BROS., Agents, Halifax Ricuarpson & BarRNnarp,

- A. McNEILL, movo—2i Auctioneer

Lewis’ Wheri, Buston. BUVS

Young Men’s Christian Association,

———

THE TEA AND FANCY SALE

IN AID OF THE Y. M. C. A.,

—WILL BE HELD IN—

THE MARKET HALL

-ON..

Thursday, 29th of November.

a

In Aid of the

J

As the object is deserving of every support, the management hope to receive a generous assistance and patronage.

President—Mrs, D. McNeill. Vice-Presidents—Mrs. B. Rogers, Miss Mary Palmer. Committee—Mrs. T. Mackinlay, Mrs. D. Laird, Mrs. J. Unsworth. Mrs) W. W. Clarke Mrs. Dr. Beer, Mra W. Haszard, \iiss P. Longworth, Miss G. Mason, Mrs. A. Lord, Mre. D. Farquharson, Mrs. Dr. Blanchard, Mrs. R. Young, Mrs. Dr. McLeod, Miss A, Haszard. Miss T. Hyndman, Miss F. Murray; Mrs, A. A. Bartlett, Secy.-Treasurer. :

Admission, 15 cents; Vea, 235 cents. Doors open at 2 o'clock.

303

In Aid of the Young Men’s Christian Association,

nov6-~4i eod

—mnengp eo

ARHIS New Winter Clothing,

row open,

he

-

Miens’ Nap Reefers,

Miens’ Nap Overcoats,

STEWART Boys’ Overcoats, | boys’ Reefers, LUNDOK s(xtoves, Hosiery,

HOUSE: LOW PRICES FOR

Charlottetown, October 15, 1888.

cit. Hats, Caps,

CASH.

a : —

PALL & WINTER GLUT

FOR MEN AND BOYS.

IB MA

MACDONALD

IS NOW SHOWING A MAGNIFICENT STOCK OF Mens’ and Boys’ Overcoats, Reefers and Suits,

IN NAPS, BEAVERS AND WORSTEDS.

er ne YS ee

PRICES SO LOW AS TO DEFY COMPETITION.

Se)

No Brag or Bluster required to sell these Goods. .

——-— 0: _

Anyone seeing this Stock of Clothing, and the low prices which the goods are being sold for, will at once be convinced of their superior value. . For your own sakes, don't buy until you see the Stock and Prices at

J. B. MACDONALD,

QUEEN STREET.

A Knitting Time,

Ch'town, Oct. 29, 1888

PERKINS & STERNS.

Maney udeds ab Lowest Prices,

sateen lesan

Yarns, Woels and

Rutland Yarn, in all Colors, for Hosiery, Beehive Yarn, in all Colors, for Hosiery, Saxony Yara, in all Colors, for Hosiery, Cyprus Yarn, in ail Colors, for Hosiery.

Berlin Wool, Andalusian, Fleecy Wool, Shetland Wool, &c., &c. Cushton Pattsris, Slipper Patterns, Bracket Patterns, &., &. Plush and Felt Patterns, in Slippers, Wail Pockets, Tidys, &., &

nerf fom & Full Stock of STAPLE AND FANCY DRY GOODS at our nsual never-to-be-forzotten Low Prices.

PERKINS & STERNS.

Charlottetown, Oct. 22, LW—dy & wiey

4 a ? ‘

Oe oi ie os gt a 2 fae —_

ee eee oe

en bein a

yeRS

ie om