I

rAcErwo i -.'....-.=...-.....,..c'1

CLAHIVS

bloating,‘ Helllsiilcli- ing and Picoting, Etc.

Pleating. Helrlstitchirlg and Pic sting, Button-Making, French Ac~ zordian. Knife, Box and Box Conl- oination pleatmg. Sklrts, panels or further

promptly, Prices and ~in

formation on request to

Stanford & Co.

Ladies 156V, Hollis st,

Tailors Halifax, N- S.

ASSOCIATION

The annual Prize llleellng ol tilu Prince I-lllward Island Provincial Rlllu Assuciatillll will take place al Kenelngtou iiaulze, 5th, 6th and 7th August conllllcnl: lng at 8 o'l'l(lck- I-l- m. , Prizes il, Cash ovcr $1400.00, Aperture sighll- lllay be used. .

ilfallc your entries early. i’r0 gramme Fill be ilad from lhe Sccrc tary,

F. S. MOORE, Colonel, Fl. L. President CHARLES LElGHIllellt. Col. R. O -' Sl-crclary 'l‘l‘l*zls.

.5AILIN

FROM MUNTREAE To Belfast-jilasgow

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EFFEQ-TS OF LATE SIR.L. H, DAVIES

u FOR SALE

The Undersijned are ‘instructed

to sell at Public Auction at the laté residence of Sir L. H. Davies, West Street, Charlottetown, on Thursday the Thirty-first day of July A, D., 1924 at l0 o'clock in the Forerloon:

All the household Furniture and lffects in the Dwelling house used as a Summer residence by the late Sir L. H. Davies, comprising Mah< ogany Sideboard, dining table, chairs sofa, bureaus, also walnut sofas, chairs, tables, bedroom furni- ture, als "well as all linen, bedding, carpets, pictures, clocks, dishes. and ‘other articles too numerous to mention.

Dated the Twentysecond day of July A. D. 1924.

GAUDET 8t HASZAFID, Solicitors

BENJ. CARTER, Elsq., - Auctioneer, 2ili51i7-21I7l,

5000-000000-0000000V0000000000000000000000000000090

CANADA STEAMSHIP LINES, LTD.

S. S. “ WINONA ”

Leave Montreal August 2nd

Arrive Charlottetown August 5th

0 0-0 00 0 0 00 000-000 00-0-0 00¥000 0-0000000 000-00-0000000-0 00-0

3645 T-Zlll-wl llllf.

EASTERN STEAMSHIP LINES INC.

INTERNATIONAL LINE

B, S. GOVERNOR DINGLEY

will leave St. John Wednesday!

at 8 s. m. snd Saturdays sf 7 p. ln. (Ailflnmi Tin") I0!’ 309m"- _ Wednmdsy trips are via Piolltpbrt sud Lubec, due Boston

about 10 c m. Thursday.

Saturday trips to Boston direct, due Sunday! 5' 5M“ 3 D- lll-

fltoomer Prince Arthur wli’ losvo 5t. John Friday! lllfl M011‘ do" at 1 p. m. for Boston direct duo following dsy st about 1 pm.

hro $10.00. » A» 6. OUR

ms, Aomr, it. Jollll, u, o.

- llpoll SIIUII of Lhc cvidcucc as ll. up

- case whorl:

' llilitJl‘ party, the dcltuldllllt, shows ‘ what his

, llllicll

. lll‘ llluncy‘.

SUPREME COURT ‘

Alex. IlicLcan and another

vs. I41 uchllu McDonald

Jury charge by the Chief Justice. lu lllc Suplcull: Court, Gcorgc town, July 15th.

All". l-‘orclllau and gentlemen ut thc Jury:

\\'c llllvc lloll rl-acilcd Ihc pllllll llill-rc you ulll conllllcllco to form your vcrdlcl, lo rcacil u-dcclslou lllllt will c-llabic you lo form a truc verdict according Lo the cvidclltrc .lllll lt is my part to glvc you wllal iloSlSlJllCl.‘ I call III slatlllg.sllch ..l\l' as lllay bu applicable to Iilc czlsc or l'\‘l'l’l_'b'lllllg yollr lllclllory

pl are lll mu advisable to call to your special ailcnlloll.

'i‘hc dccillratioll, wilicil is the nliilcllluill. of lilc plllillliff's clllilll lclldc u a gcllerlll way, contains llvo counts, clallns fur llluuly lolll oy Uanlcl iiclaall to Illc lll-trud- .lnl anll tor lnoully l'l:L‘L‘l\L'li by Ihl- liUiLlJdtllll. Laucililll bicbull- llll lor lllc use of Ualllcl, McLcau. l‘o that till! defendant" puts iu lilrcc pic-as or answers. 'I‘hcsc alc lllc wrlllcll proceedings ill u _tflc one pariy sets lorlll ills clallll and wilcrl: lhc defense - is. The dc- feudanl ill this casc plclllis pay- lntlll; that bctorc action he satie- flod and dlscilargcd lilc plaintiff's claim by payulcul. tic also cd. lilo third pica is a sol-oil"; lilzll. is ll contra account; alld hc pills ill a Iiifllici‘ pica that illc tlUbl. is barred by lliO statute of Limitations, that ls to say, ill iilc words of tllc plea, that tilc ul- .cgcd causes of action and each o1" lliUllI did accrue SIX years be fcrc this suit. You understand, gcllllclllcll, that wllzltcvcl- lllcrlts Lilc claim may have, if six yours aroailowcd Io 113.53 from the time ullcll it ls duo, without ally pay- nlclll. bcing made, or any suffi- citui ackuowlcdgulcut iu writing givcll, LIIL‘ statute of Limitations comes iii and bars thc claim. l'lll‘ rc-asoll l'lll‘ tilllt is of course lhal tilcro must bc some time l\'lLil.l_l wilicll a luau must pursue his rclncdy. 'I‘Ilcl'c, luust bc sumo LlllIt_'_~WlIt:1] a debt. will be- cumc extinct if nothing is dolle .Il respect of it, otherwise we lnigill all bc confronted with old. slalic llclllailllls springllll; 011i U! Lllx, past, lhc proof o1 paymcnl lll‘ which uould be cuulplcicly lust. 'I‘hcrc must be Silllit.‘ ccrtaill pcr- .od bcyuud‘ which the law will rc- [use Lu givc any assistance in coilcctlllg. That docs not lllcall .haL .l man is nlllrally frccd; but lilc law will not tlfifii-Si. uuc wilu nllkfllfi oll his rights loo lung. Now a payluclll. may prllvullt lilc six years from rllulllllg. but ,l mugll, ho u pllylllcnt made lll lm-spcct of that accouut. That i8. if lhcrc arc,two or luore counts owing. °alld paylllcllt isi llladc. the ' pcrsllu lnakillg tilc| paynlclll. has Lilo right to appro- prlato it to ally ouc of thcsc ac-

plc-alls that hc llcvcr was iudcbl. 4L

Daniel McLean, sud them l; no question. either, that those dloques were never paid. so far, gentlemen, you have, ch30]. lteiy solid ground upon "which lo stand: they were never paid l“ tho ordinary course of bus]. lless. lu consideration -- of milk supplied tho factory by Daniel lllicbeull. Now why were ma" cilequcs nut paid in the ordinary cuursc'.'_ Wily did Daniel Mc- lllall no‘! present them to the Jallalilall Bank of Colunlerce st Souris and collect thelll lu tho or- lllllary courso as they came info his ilauds. _You will hear the plaintiff claim, and the evidence given bcforu you by the plaintiff .5 illtclllll-d tu show, that the l-casun lvily they were not paid was because tilcre was Bib-Bl‘- rullgcnleul between Daniel Mc- Ilcall. and ills hrothor-lndaw, the defendant. that he should not prcsclll, lilollc cheques to be cash l-li, bul. should let the money be at) dcait _wllh as to be available for the llefuldsnt as a loan. I will give you an abstract frolll lllc cvldeucc of the plaintiff's ll-ltllcl-lses that- wiii show you just what his ground-work is. Before cllturlllg upon thst- I may say that lllcro was Lu till.- case. a claim In respect to the healou farm, which has been albanlloucd. and with which you are not concerned st all; your solo concern uow is with the claim bsacd on tiloee ciloques. alllolluiillg to 5994-40. Will! lute!‘-

st. Iianloi McLean, as you know, is dead; he died eight years ago.

Hi5 willow, Mrs. MULBBII, makes hur lltatcllluut. Silo was ques- liOlltJIlZ

"Dill you ever hcsr any conver- sation bctwcu Mr. McDonald sud your husband concerning this transaction?"

‘PNo, not up to a certain time."

“What time?" .

“That ilir. McDonald came to our house."

"Vi/bell was‘ that?"

“It lnllst have been, as far as I call rculcnlbcr, a couple of years before ilc died."

"Llcforc your husband died?"

“Ycs." .

"Who went to your house?"

“Mr. Lauchle McDonald." “What time of the dsy was that?" '

“I don't know what time of the day, nor thc ycar, exactly» blll 115 far as I know it was two years

bciurc llc dlcd. perhaps a little lllorc or loss."

"Yuu did not mark the date down."

“N03.

“What Look place at that tilllc'.’"

“I was prcsellt; I was in the kitchen at the tilllc. I can re- mcmber distinctly bearing W118i. hc said. My husband was pro<

rum crmlmnurowa GIIARDIANI

unothel branch _

secretary: my husband had tile cheques in the house."

"Dill your husband hand over any money to Mr. McDonald!"

“No ulolley, but he asked hiln could he have that money." ,

“So Laqlle Mchlollald got no moncy and uo cheques?"

"He says, “Do you wsnt thst money now; _' can I have ‘that. money." and he says “I will pay you good lnterest."._» l

"Do you llow_ swear that he ever got a ceul of that money?"

“I will sweal that it was mpney tor tho phequcsa that he was look- ing for that Mr. McLean held." “You lllld your son went after. wards you say to Mr. McDonald."

“Yes.” ,

"And he asked you not to be too hard on llilll'.'"‘

"Yes. IIlll eyes filled with team and he almost broke down. And he said, "I will pay every cent of It, Nellie; don't be too hard oll me."

‘Phat is the evidence given by Mrs. hlillqliall. The evidence ol Alcx- McLean, tho so , as to»; loan, is fills: Tile question le asked:

"What dld- you do lll connection with those chedllesrflhe first thing?"

“I went over about a year after my lather (lied; my mother Went with me, to McDonald's, trying to fix up the ceiutc." “Who did - the time?" '

"My mother gave me the deuce about getting the estate fixed up. “You llre getting old pow" she said, lie said. “Don't be loo hard oll me now; I will pay that bill." "Was the uluoullt lueutloned?” "Not at thllL time."

"Wilal happened after that."

“i tilillif about a ycwr after thsl .I’\vcllt over and took the cheques with mo. There was nobody with mo, Mr. Illciknlald took the cheques. IIo llladlythcln all up. "ilow lnucll llld tlloy amount to?" .

"Solllcwhere near $1200. He wrote it on a piece o1 paper and S11v6 ll t0 A110. the amount he made up."

"'I‘llc amount of the cheques?” we“...

"Was that all ilc wrote on that

I [Jllllcr '2" a

“lie wrote a bill that my father

owed hiln, he said. oi‘ $69.40 on tho back." “What ‘did he do with the

paper?"

and I lourld IL afterwards."

"Whalt did he say about the nlo- llcy and the cheques at that tllllc?" _

“Ilc was going to try and pay it. lie said he llali a store at El- nlira. llo was going to Iry and sell It to ilugiles and give mic the llloncy from it."

"Look ontlle other side of this paper Mr. McDonald's paper-

scllt; he sat down also."

'~“What was the conversation?" “I did not lloticowhat conver-

sation they had first. ilc said.

"Du you walll. that lllollcy 110W.‘

ban‘! Call I have it?" he says.

counts, or lll‘ ally of lhc Litcms ill a single account. lit ‘hc fails to, do Lilal. and docs llul ailllly 11,1"; ally particular part of‘ Lin; account‘ lilclr.tllc pcrslm to \\"ilulll the paylllclll is llladc may Illlilly il~ l-‘alllllg Lilltl/ lliu law- will apply

. ll. Lu llllf Illlisl. urgent part of thc|

Clililllyl/iliii. is, gclll-.l'lllly' speaking] lll Lilo carlicsl. ill-ms ill Lhc debt. and discharge tllcm.

In this cllsl: till.- account bcgins sumo clgiltccll‘ years ago. Tho ilrst lllrlll): liatcli Iilllli, Dl-cclllbcl‘ lrlll, $1400; allll from lilat ou- warli various ilcllls zlppcnl‘ ulllll Ihc last uln- datcll lVlilfUll 15. i010, tilc total Zillllilllli. of ll!!! l-llliln for cash. which the plalll- tiff claims was loaned by lllb‘ IiilllUI‘ Io liil: d dlllllll-lnt. belllg $004.40. 'l‘hc‘ ci ulnlstallccs lic- ill thc uvillcllcc arc nut lll lilo usual 0 ' of events by “lily lnealls, and Lil lwiil give rise t0 a good (lkill of difficulty in your lllilllls, l am sure. 'I‘hls $000.40 is llladc up of thirty l'lll" "mill" l~lll ‘llllilllilllls illlarillg dlffcrcnt IiilIUH. 'I‘hc llclcnllarlt. Lauchlll Mtillilllllili was scrrlrlllry {l'lll nlallaul-r of tile blast Point Dairy- ing Association. Daniel Mc< Ilclln, lo whom ihc il0ili. was all ll-gl-ll Lo bc duo and whose cxc~ (‘lilill'l~i arl- now sninl-i for it, was l'lll‘ oi illl: IIIAIFIIIIH lll‘ illc East l'lllllt lldiryillg Association. llc sll]l|lii1'l| lllilll; and ll aIllN-‘ilriv’ i" llil\'\' bcllll lllc duty oi’ lill! scorc- tary and lllllllllgl.-l' l0 k116i! lll“ accounts lll‘ lhl- patrons allll lnonlilly to issue cilcllurs for ihl- anlolllll. wilicll lilcy wcrc to rc- lll-ivc. 'l‘ilcsl.~ cilclllllas llccnl to bu all of the same killd. I wlll l-l-ali you one. 'I‘llc first is liatcli H1315. 17. llmli. Allllllllgll yull havc all soon chcqllrs and prob- iiliiy llllvl- llrlcll HIRIIUII till-lll and rllcolvcli lilclll, still you llluy not havl: nllliccli what ll l-ilclllll: on 11 bank is. It ls simply all ordcr upou tile hank lo pay w 501M’ gplluilil-ll pllrson a certain sum it. is llilllply an order. ’l‘ill.~l is dalcll Ilcc. 17, 1000 and l'l(i(il't_'SSI!Ii lo lill.‘ (Iauadizlll llllllk llf (Yolnllll-rcc, Sliliriii Ilrancil. PAY DANIEL MUIIEAN (m 0m)»

l'lll 'I‘IIlll5l:1 IIUNIJRIGI) n01.- LAIIS. siglll-ll EAST POINT llAlilYlNli ASSIXYINPION. W. fill-DONALD, Sl‘ll‘lll<l'l‘AllY.

All arc sgrccd that those

(llIPqiIPs were issued lln this form and that they were delivered to

Every Pocket of

WILSON'S

FLY DS‘

WIIL KILLMIIOE FLIE$ IHAH fzyfwonlu or ANY sllrvv rlv (rt-turn

Alld Mr. McLean says "YES? And he said “I will pay you good interest."

"Did you know what money he was talking zlbollt?"

“I certainly kucw thure was uu other llllllloy. I certainly kllcw It must be the money of the cheques, because there was llu UliIlJl‘ lllollcy in Mr. McDollalds llilnllll, only tilllt."

'l‘hat is the only conversation at which silo was present. That is Iilc first slop. She’ was also l-xaluillcli upon a subsequent cou-

vcrsatloll after her husband's dcllill. “Dill you ever have any conver-

sation yourself with Mr. McDorc alll allcr your IIIIHIJBIIIYB death?"

"You." l

“IIow long after"

“About a year after he died. as flll" as I kllow."

“Whore was thaiY?"

"At Lachie McDonald's housc."

"who was with you?"

"I went with my son Alex. lllc- llcau, cxcculnr to the will."

"What touk place?"

“W0 went for the 110111059 "f nlakillg a scttlclllelll and I asked ililn wag in: going In fix up this ilIiIIilj-“lllu lllollcy that he DWHII my husband. I said that my son was cxcculur allll ii was right. that it should‘ llll flxl-d up allll I wlll him, “You uwc eolllctiliug ovcr a lilullllullld dollars and it is right you should pay it; and as soou llrl sctliclnlllt is made the better, fur you are getting oill now, Mr. blclionaid. and the young may lllc blll the old lllust." I spoke abciuL blow hdrd we worked to make that llloncy. I came a little ilard on Mr. McDonald. lie lll- lllUSi. brokc flown. Tears calllo illlo liiS eyes. Dollrt be hard oll mo, Nciiic, I will pay tho lllolloy," ilc said, “evcry cent."

"Iild you have the cheques wllil you at that tillle?"

"You wlll have to ask my son".

"Iiut did you have them your-

DWI]

, I dill not have thorn nly- you ever speak to Mr. Mc- Donald aflor that, yourself?"

“No, ncvcr spoke to him again."

And lll cross cxulnlnatlon by Mr. Johnston she says:

"Ilow nlllny conversations did you overhear between Lachle McDolluid and your husband?"

"Just ‘one, about money mut- ters.“

"When was that?"

"The limo Mr. McDonald ellmn lo my hollso lllld borrowed the lllorley."

"Wilcn was that?"

"About e year, as far as I know or all, before he dieli."

"About "a your?"

"All far'as I know."

Tho lltotelnont you made to Mr. (iulldct was that the dcfond- lllll came I0 your houllo l; collpio of years bcforo the death of your llllllllundl Don't you rolnember the year?"

“As far as I know ll. might be a year or two years."

clolli all IIBIIIIIO. slllll by all Dmggiotu, Grocers and Goa Stores

"Dld your husband give him

W at is the sulount?" $1145.75." "What is tilat? “’I‘hat is the money ' the estate tha/t Mr_ McDonald bo rowed flroln my father." ‘ "Where did he make cunt?" "IIo made it up on the cheques." “And Mr. McDonald wrote tilat ililllseli‘, did he?" "lilo dlll, yes." “And at that time you say he was going to sell . . f!" ‘ “Ilill interest in the store at El- mlra and give me the money?’ "You left him then." “Yes? “What did you do afterwards?" "I sccll him afterwards alld he

that am-

spoke about it alld said, "I had to take the share oi‘ first store in stock."

“lie said tilat he sold the store?"

“Yes and he had ‘to take it in stock."

“In What?"

“In the store."

"In whet store?”

“In Hughes‘ store."

"Was lle the only one?"

"No, my father had stock too."

“In the Hughes Company?"

"Yes."

"So you did not gel. any money that time?"

...N0_,.

"What llld you do after that?"

"Tile next. ullle I went over 1w offered me all interest in Dali ilooncykl. IIe_ llfiked me to sell .1)flIl Mooney out. I said “Nu, I will not do any of your dirty work; you do your own dirty work and pay lnuf’ About u year alter that I went over he [mill me $204.40 lll tho Bank of Nova Scotlll In Sourls. “Ilave you the Bank. cheque?" “Yeihp "when dld you put In tho Bank." "In July.” “Do you remember what the cheque was made out?" "Sometime in January“ I did not put it In the Bank; I was not down in Souris ulltli July, and Mr. McDonald spoke to me about It. "why did‘nt you cnell that cilcque?" I wont down lll July and put it lu the Bank.