Che Daiip TANI ARY 12, 1886 The Civie Report. ln annual reports of the several departments of the City Government tor the Civie year, ending Sist December, 1885. were submitted to the Council last evening. The promptitude with w hich they have been issued is creditable to the officials, particularly the City Clerk | aud the Mayor ; and the printing by Mr. (seorge W. Gardiner is in first-class style. At the outset we note ap improvement —the pemes of the retiring councillors are marked witb au asterisk as follows: Ward 1— Thomas Morri . wd 9—~John Kelly. 3 —Edward Davy. t—Samuel McRae. 5—~Alexander Llorne. The receipts of the corporation last year were $42,412.10; the expenditure (less the ontlay incident to the smallpox) amounted to $42,196 47—leaving a bal- ance in favor of the city of $215.63 ; ‘but as the sum of $2.082.78 has been paid by order of the Board of Health On account of expenses incurred by the @xraniunet Supreme Court. | Ter Hilary Term of the Supreme Court met in this city to-day,—Chief Justice Palmer and Judge Hensley on the Bench. ae the | Grand Jury :—Thomas Handrahan, Esq., following gentlemen compose Covehead ; city; William Bagnall, Hazel | (Foreman); Charles Reardon, | Robert EE. Longworth, W eeks ty: Richard KE Wadman, Crapaud; Leon Daniel Grifliths, city; Boyle, County Line; Thomas Alley, city; Alexander McNeill, Cavendish ; Belle View; Michael | Hickey, city; Patrick Duffy, Lot 48; Grove; Heury | Gal unt, Rustico; } William | Charles Haszard, | Michael P. Hogan, city; John McEachern, city; David Mutch, Rustico. Chief Justice Palmer charged the Jury as follows :— The criminal calendar for the present Term presen(s but one case for your con- sideration. The principle one is a charge against a young man named Sidney Robin- son for causing the death of a young boy named Joseph Fitzpatrick, by the discharge of a shot gun which teok place on Friday, the 16th of October last, on the lower Royalty Road West, a short distance from Charlottetown. It appears that the prison- er, in compeny with another young man, en acquaintance, named Fisher, had left | Charlottetown with a horse and cart, and were proceeding to their residences at the | West River. On their way, about a mile aud a half from Charottetown, immediate- THH DAILY _ PERE Ano OEE Wx AMIN dentally kill » man, this would be man- slaughter. In the present case, the prisoner, accord- ing to the witness, capped the gun and pre- sented it at the deceased, with the avowed intention of frightening the deceased, If this were not in strictness an unlawful act, it could not be considered a lawful one, and certainly was an unnecessary and a wanton act, and therefore rendering the prisoner criminally liable for the consequences ; and therefore, under tbe facts that I have stated, | conceive there is ample evidence to warrant your finding a bill for man- slaughter,—throwing upon the prisoner the onus of showing in his defence such circum- stances as he can to reduce the offence to a lesser crime, such as death by mere misfor- tune or otherwise. The foregoing, gentlemen, I am_ very glad to say, is all on the Criminal Calendar, now before me ; there will be another case, I believe of wounding or stabbing, a charge against a man named Steele, the particulars of which have not been brought to my notice; but two or three witnesses, I understand, will be sent up before you in this case; and 1 have nodoubt you will find no difficulty in dealing with it, | think, therefore, looking at our popu- lation in this County, we may congratulate ourselves on the very small amount of crime that comes before us the present Term. You are doubtless well aware of the sad visitation which our city has lately experi- enced from that well dreaded scourge, the smalipex, and its melancholy results amongst our city population. Its introduc- tion was marked by a most unfortunate cir- ; . outbreak of smallpox in November last,} Iv after nassing the dwelling house of one there is now a balance of $1,867.15} William Fitzpatrick, who lives in a small | due the Merchants Bank of P. E. Island, tenement quite adjacent to the | i ; ri |public road, the deceased, a small Phe receipts were $432.10 less than boy about the age of ten years was} in 1854 ; and, not taking into account the l observed walking behind the cart in the| $3,732.00 paid for real estate, the e@X-j sane direction, saying something, as the | penditures were $510.06 le-s than in | witr ss described, but what he did not un | 1884 Ihe ordinary expenditures apart deratand, when the prisoner, W ho Was in| from the Scheol Board. ctc., ‘ were| P%ssession of a gun, said to his companion, | ae erie wk Wedk Mug ee a thet he, prisoner, would crack a | $741.37 less than 10 the pres ous | cap o1 the gun to frighten the boy. r sher, Last year the School Board expended | i, re} said he had better not, but in- | $9,942.60, against $9,635.20 in Boos. | tantat y with Fisher’s reply the pri- | The amount of the unpaid accounts was, | soner, having capped the gun, fired; and on | however, larger at the end of Jast year| the discharge and report, exclaimed : ‘* My| than at the enc of the previous year, | God, the gun was loaded, and I never knew | being in 1885 $2,654.34 and in 1884,;'*- | he D0Y immediately ran along the | $1.241.50 r towards Fitzpatrick’s (his father's) | re cee and tne prisoner and Fisher pro-} His Ws rship the Mays r has found! time, since the cessation of sma'lpox, to prepare a lengthy report, and to make some valuable suggestions. The truly remarks, ‘‘are a per- petual bill of expense,and never in as good a condition asthe citizens would wish to have them,’ and he directs at- teation to the ‘splendid sidewalk” in front of the Cameron and Brown Blocks, aod asks the Council to cousider whether it would not be well to lay down each year, say two hundred yards of perman- ent work such as itis. He refers to the water question, and says he siacerely hopes t the incoming Council will be in a position to deal with it in a practical side- walks, he way. He passesa high and well de- served compliment upon Mr. Arthur Newbery for his untiring efforts in mak- ing our priocipal public square a pleasant resort for both old and young; and he suggests that persons in the County jail for civic oitlences be required by law to perform work on the streets of the city. As Chairman of the Board of Health, His Worship thanks our Health Officer, Dr. Johnson, and also Drs. J. T. | Jenkins, James Warburton and 8S. BR. Jenkins for the very efficient manver io which the duties of their profession were performed in connection with the smallpox visitation, the Rev. Mr. O'Meara, Rev. Father Melntyre, Rev. Mr. Carruthers and Rev. Mr. Smythe, for their services in visiting the Hospi- tal, and miuistering to the spiritual wants of the inmates; members of the Citizens’ Committee for services rendered by them: and Madame St. Thomas and other Sisters of Charity for the invaluable assistauce rendered by them at the Hos pital; and the citizens and others for their kind and generous donations for use of the afflicted, aad also the mem- Board of Health, and city officials, for services performed by them bers of the In conclusion, His Worship calls atten tion to the important fact that the Cor- poration is yet without a safe, in which to keep its cash aud valnable papers, We may remark that Tue Examiver has two safes, and is willing, for a small consideration, to part with either of them, in order that this great need of the City Council may be met, _-_*eo?- + Hard on Domyille. —~— | Tux St. John Telegraph, in trying to account for the recent Conservative vic tory io King’s, N. B., gives the defeated candidate, Mr. Domville, away in the following style: ** Without money ever for the legitimate expenses of the elee- tion, he, etc.” Mr. Domville was at one time a Con- servative. In 1882, Prof. Foster was selected as the standard bearer in place of Domville. The latter was not satis- fied, and, backed by the Grits of the Connty, oppesed the regular candidate aud was beaten. Still dissatisfied, he appealed tothe Courts, and was ona second election beaten again. Latterly, he has been spouting for the Local Grit Government. At the late bye-election he was again ready for the fray, this time backed by the Lecal Government aod all the Grits and political sore-heads in the County. He has been again de- feated —thus showing that the intelligent electors of King’s are stroogly im sym- pathy with the present - Dominion Gov- erbivent, and that they are bound to have none other to represent them than the man of their choice. Mr. Domville has uo reason to feel thankful to those who brought him out, and they. aceord- og to the Telegraph, fiod that be hado’s *s much money as they expected | | i j a8Ge j ; don their journey homewerds. The} having regained his house, complained f being shot, and cried out in much pain; | and on his clothes being removed, two shot wounds were observed, one in the abdomen, the other on the chest. From the former | wound he suffered extreme pain, and hav- ing lingered in that state, he died from the effects of inflammation of the intestines on the following day, 17th of October. From the post mortem examination of the body, which will be detailed by the medical men, it appeared that the death resulted exclusively from the shot wound. In this case a bill will be preferred against the prisoner for manslaughter, and on hearing all the witnesses, and there is a considerable number to go before you, it will be for you to say whether the fects of the case bring the offence within this dezree of homicide, as it is defined in law. Manslaughter in its general definition is the unlawful killing of another without malice, either express or implied ; which may be either voluntary, upen a sudden heat, or involuntary, but in the commission of some unlawful act. As therefore there may occur instances of manslaughter only where a man from sudder heat uses such violence or such a deadly weapon as he sees atthe time must produce death, so also there be instances of manslaughter where a man, without the most remote in- tention oridea of causing death or even serious injury, may yet, in the doing f some unlawful act, be guilty of this crime, For instanes, @ man was once loading his cart with sacks of potatoes—he had put in six sacks, three on each side, two more were to be put in, and when the first of these two was put in, the cart tilted up, and the man was thrown out on his back on the stones, from which injury he soon after died. It turned out that a boy who was near, as a frolic, took the trap-stick out of the cart, which caused it to tilt ceec DOY may any back. This was decided to be a case of manslaughter, although a mild one in degree. Again, death ensuing in the perform- ance of an act otherwise lawful, may amount to manslaughter by the aeg/igence of the party performing the act; as, in the instance of workmen throwing down brick or ends of scantling, or such like from the top of a house, situated where there is a emall probability of persons passing by. lu the present case the prisoner, as | mentioned to you, on firing the shot ex- claimed that he did not know the gua was loaded, lt seems, from the depositions, that the gun belonged to » Mr. Dancan McLean, of the West River, with whom the prisoner was living at the time as a farm servant; and the gun some ten days or so befora the accident was broughi to Charlottetown by McLean and left at the shop of a gunsmith (Mr. Brown) to be repzired in the lock, and it was load- ed on delivering it at the shop, McLean having omitted to fire it off before taking it there, but, who asserts that he told Brown at the time it was loaded. Brown has alss siated that he asked McLean whether or not the gun was loaded, who replied that there was a small Joad in it. Duncan McLean, who at the time redided with his brother at his brother’s residence, sid to his brothers while the prisoner was there ‘‘ If any of yeu are going to town yon will bring home the gun,” and had when leaving the gun at Brown's, directed him when it was repaired to deliver it to any one that called in his, McLean’s name, for it. It would seem that in pursuance of this authority, the prisoner, before he join- ed Fisher to return home with him in the cart, had called at Brown’s and received from Brown the gun to take home with him to Jas McLean's; and, strange to say, Brown, according to what appears in his de- position, did not tell the prisoner when he delivered him the gun that it was loaded ' If it be true that the prisoner, when he fired the fatal shot was under a_ perfect belief that the gun was not loaded, it would certainly be a strong fact in mitigation of the prisoner’s case, but not, in my opinion, such as to render the act excusable. For instance, if a man wantonly and without | was raised; and the body was kept un- ‘interred for tiwee nights, during which |wider scop> at the very outset /number of those who were at the wake were |soon stricken with the scourge, creating a | be filed any feionious intention, shoot at the poul, try of another person, and by his shot atvi- cumstance. The first victim was a jyoung person, ard at here death no suspicion of the real nature of the disease time many persons of the neighborhood, and eeveral even from distant parts of the Island, passed each night, or part of it, in the honse where the tody was—constituting what is familiarly known as a wake. It is needless to say that few circumstances could have occurred to give the disease a A large great panic, which, at its height, almost the skill of the physicians and the ingenuity of the City Board of Health to arrest its progress, Most fortunately, 1 should say Providentially, there happend to be an uninhabited public building, t'e old Lonatic Asylum, which was appropriat- ed to the purpose of an hospital, whither the sick were sent, and, in due course of time, nearly all the pation(s were isolated; and, with the assi- dious attention of the medical officers, the disease was brought under control. Not- withstanding, however, their best cfforts, the mortality was fully equal, if, indeed, it did not exceed the usual rate in other countries. Now we have every reason to acknowledge the kind interposition of Divine Providence in learning that there is no case within the city, and but one or two outside of it. In the treat. ment of this disease, I gather from the opinions of me@ical men, from scientific treatises on the subject, published in our own, as well asin foreign countries, that the foremost and most effectual measures to arrest aud counteract the spread of the contagion consists in two means — First, isolation; secondly, vaccination. On these two remedies nearly all writers agree. As soon as the disease appears, no time should be lost in isolating the patient and strict vigilance observed to keep away from all persons, except his medical atten- dart and nurse, and in the mean, resort at once to vaccination, If these two expe- dients are adopted, there will be little reason to apprehend the spread of the dis- ease. I mention this as many of you gentlemen reside in the vicinity of the Board of Health, and may think the sug- geatiou worthy of consideration, His Honor then referred to a charge of stabbing against a man named Steele, but as no deposition had yet come in he knew nothing of the particulars, and would only observe that an act such as this, in any encounter between man and man,the knife should never be resorted to, unless for the preservation of the life or limb of the man attacked, or some equal necessity of that kind to excuse his offence. atl <r Why They Refused. STORY OF THE CREW OF THE SCHOONER S. A. PAINE, The schooner S. A. Paine, from Prince Edward Island, bound for Philadelphia with potatoes, put into New York on Tues- day on account of. the storm. Thursday afternoon she sailed, bnt had hardly left the dock at Stapleton, when the crew re fused to obey the captain’s orders and dropped anchor. The police-boat Patrol was summoned, and it took off as prison- ers for mutiny, James McMallen and Richard Sutton, the latter colored, and Axel J. Helson. The men said that the Paine was leaking badly, and that they would not risk the voyage to Philadel- phia in her. MeMullen said: “We sprung a leak not long after leaving the Island on Dec. 18, and all hands had to go to the pump. Then we put into Halifax, where we lay one day. We tried to make Block Island, but were blown into Holmes Hole on Dec. 22. We had six feet of water in the hold, and all except the captain took spells atthe pumps, three working at a time while the fourth slept for two hours. One of our berths was gone, our stove was broken, our coal washed away, our food was ruined, the water had broken down the sides of the bunks, and altogether, we were in an awful state. Afler we left Holmes Hole we lost our bearings,and knocked about for three days, when we met a pilot boat which gave us our course. The whole vessel was a sheet of ice,and when the wind finally changed from north-east to north-west we had to beat the sails with clubs to get the ice off Most of us got our feet frozen and our hands frostbitten. The captain pro- mised to have the vessel dry-docked and the men paid off. But he put into Stapleton, and laid up alongside the coast wrecking company. At low tide the Paine lay on the mud. and most of the water ran out of her. The incoming tide washed the mud into the leaks and she was more comfort- able. Thursday, while we were at dinner, the captain and the mate got the vessel out, As soon eas we knew it we came on deck and let go the anchor.” —_——> + 2-—<— Lavres’ CLor Sacgurs —See the lot selling eee SEs > ae 2 BOOK-BINDING, PAPER-RULING First concent ——- AN ])-—— BLANK-BOOK MAKING. MONACHAN’S BUILDING, = - = LL kinds of BOOK BINDING executed at Lowest Prices and with Quick Despatch. Ruling, re | and Perforating for the Trade promptly attended to. BLANK- BUOKS A SPECIALT aw A Share of Patronage Solicited. JAMES D. TAYLOR & CO,, QUEEN SQUARE. Ch’towv, Jan. 12, ’86 - 6mos 2aw —— - —e Se ——— = ee > —- — = = JAMES PATON & CO.,, SUCCESSORS TO W. A. WEERS <& Co., Block, Market Square (a few doors from Stamper’s Corner), new ones, + Inthe name of the old firm we tender the public our best thanks for past favors and support ; and, on tehalf of our present shall be used on all occasions to serve you well. JAMES PATON & CO,, MARKET SQUARE. 7, 1886. a See Ch’town, Jan. SS DO eee ———_ = i The Liverpool and London and Globe Insurance Co. —_ a remem Y ——_—— Assets, Sist Dec.. I884, $36,023,954.86 —_- Oo— MIRE INSURANCE may be effected with this Company on the mest Advantageous Terms. LEONARD MORRIS, Agent, Summers'de, P. E, I. Dec 22, 1885 GREAT DISCOUNT SALE 0o-- A CHANGE AND A CHANCE. R. R. FITZGERALD, Agent, Ch’town, P E, I. Extraordinary Inducements to Purchasers of Diy Goods, oO T is our intention to make achange in our business early in the New Year, and we shall for a time cffer our whole stock of STAPLE AND FANCY DRY GOODS AND MIL- LINER Y at immense reductions in price, commencing MONDAY, the 14th inst, Our stock of Goods is so large it is impossible for us to enumerate it, but in every department our prices will be REDUCED 20 to 30 PER CENT aud alot of Olds and Remnants will be closed out at HALF PRICE,” + Our Goods are always marked in plain figures and customera will see that the diecounts are made bona fide. Orders by letter will receive caretul and prompt attention. We will also prepay freight to the country on all purchases exceeding ten delinrs. ‘The above discounts are for Cash only, but for purchases exceeding fifty dollars we will allow three months’ credit, This is our tirst Big Diseosunt Sale, and we ivtend to fu'fil all the promises of our adver- tisement. 0 Ch’town, Pec. 10, '85—dy wy 2mosa NHW STORE North River Bridge- L E. PROWSEfhas opened, in Mr. George Mockendorff’s Store, at North}River, with a First-Class Siock ef Dry Goods, Clothing and Groceries. Which he will Seli at LOW PRICES, The people need have no fear of Smaii Pox in the Goods, as I import direct from the English markets, and ever tirce the outhieak of the disease in the city the goods have been thoroughly Fumigated, so there en be no possible chance of infection in the Goods. The people at North River-will find this a great convenience, as it wi'l save them the trip to tewn, and they can buy just as cheap at home, ‘the Store in the city will be continued as usual, Low Prices, as all know [ sell Uheap. L. E. PROWSE, i need not say anything about the for $5 00 each, at the London House. dec30 Saw 2w wky 2i Ch’'town, Nov, 24th, 1885. Sign of BIG HAT, 74 Queen Strect. QUEEN SQUARE. EG to announce that the business lately carried on in the old store, Queen Street, under the name of W. A. WEEKS & CO., has been removed to their new establishment, Prown’s where they hope to meet all their old customers and many) establishment, bsg to assure ycu that our earnest ezideavors | Cot Sele Ww. Ww. BHHR. of the Season will be given in Y. MLC. A. HALE QN- Phuersday, 14th Enst, Under the Distingui-hed Patronage of His Honor the Lievt. Governor and Mrs, Macdonald, PROGRAMME, PART 1, Piano Solo—Selected,,.......,...... Miss Murphy. Voca) Duett—“Beautiful Moonlight”,......Glover The Misses Green, Piano Solo—“Rataplan”............, -Baumpelder Mrs, Brown, Vocal Solo—“Who Can Say”...csece......05 Mullen Miss Harris, Piano Duett—*‘Les Clochettes”....... .... DeGrat The Misses Cahili and Murphy. Vocal Solo—**7Zara’s Ear-ring” (Spanish ballad).. Mrs. Strickland. Violin Solo—“Fatinitza March”....... Mr. Harris. Vocal Solo—-"The Lost Ship”......... Mr. Tanton. Von Supe soasse White PART 31. Instrumental. .;....55.5.- pilkshay es Te St. Peter's Boys’ Band. “The Distant Shore’. } Miss Palmer. Piano Solo—*March of the 'Trojans”....,.. Parker Mr. Watson. Vocal Solo—‘My Heart is thy Lome”, Mrs. Dustan. Vocal Solo Sullivan Franz Abt *O Restless Sea”........ . White “Mr. Worth. Voval Solo—“True to the Last” waned Adams Mr. Green, Instrumental.......... a te St. Peter's Boys’ Band. “God Save the Queen,” Tickets 35 cents and 25 cente, for sale at W. R. Watson's and ©. D. Rankin’s Drag Storts” Ch’town, Jan. 12, ’6. Electors _of Ward 5, f AVING been selected bya large and irflaential number cf the civic electors of the Ward to contest the eoming election in your inte est, | beg most respec'!fully to de- cline said nomivalicn, owing to the apathy evinced by the elect'ravf the other warda of the citys, regardivg their interests as citizens —and at the same time to thank my friends and those wh» have in'erested themselves on my behalf I aw, gentlemen, your obedient se vans, GE) E. HUGHES, Jan. 12-li CIVIC ELECTION BY THE NAYOR N pursuance of am act of the Genera] Ag- | sembly of this Island, made and passed in the forty-third year of the reign of Her pre- sent Majesty Queen Victoria, intituled: “An Act to amend the Act of the eignteenth Vic- toria, Chapter thirty-four, intituled ‘An Act to Incorporate the town of Charlottetown and all Acts amending the same’.”’ I do hereby give Public Notice that an Election of a Mayor and persons to Serve as a Common Council- men in the City Counci! for each Ward of said City, Being in alla MAYOR and FIVE COMMON COUNCILMEN, wi!l be held on Wednesday, tte 27th day of January, A. D. i8s6, At the several places, that is to say - ‘ In Ward No ?, at or near the store ef Messrs J, & T. Morris, corner of Queen and Water Strects. In Ward No 2, at or near the house of Thomas Connolly, opposite Mr. R Heartes | Warehouse, Sydney Street, between Greet | George and Prince Streets, | In Ward No, 3, ai or | House. | In Ward No, 4, at or near the Fire Eagine House, fronting on Kent Street, east, be- tween Weymouth and Cumberiand Streets, In Ward No.5, at or near the store of | John Coombs, corner of Euston apd Great | George Streets. And at the said Election the Poil will be opened at nine o'clock in the forenoon, and continue open until five o’clock in the after. noon of the same day. DESCRIPTION OF WARDS, Number One shall comprise all that part of Charlottetown which lies south of Dorchester Street, and the parcel of land formerly known asthe Military Barrack Greund Number Two shall comprise all that part of Charlotietown which lies south of Kich- mond Street and north of Dorchester Street, Number Three shall comprise all i tat part of Charlottetown which lies south of Grafton Street and north of Richmond Street. Numbér Four shall comprise all tbat part of Charlottetown which lies south of Fitzroy Street and north of Gra‘ton Street Namber Five shall comprise a!l that part of Charlottetown which iies north of Fitzroy Street, including the Common of the said Town. Market near the NOMINATION DAY, WEDNESDAY, 2 )th inst, frem the time of Twelve at noon until the hour of Four o'clock in the afternoon «f the same day Qualification of Electors, see Act 43, Vic- toria, Cap. 15, sec 20 and 64. JL 8.1 HENRY!BEER, Mayor of the City of Charlottetown, A, H. MacPHERSON, City Clerk, Mayor'* Office, Charlottetown, Jan. 12, )8* 6, — 3i tu th sat ‘DR. WARBURTON “JAS been relieved from further duties as Assistant Health Officer. He will therefore be able to attend to bis other pro- fessional duties as heretofore. Ch’town, Jan, 2, 1886 —iwk t a é t ; § <a nant " ian, Wome sis ad = ed