~ es ; | THE DAILY EXAMINER. ° THE DAILY EAA MINER. DECEMBER 12, 1892. The Government Pond tteriy c mpl sn wed to run THE young peo] ing about the water ing Ali off Government Pond, thus destroying its usefulness as a skating place. There appears to be considerable bluadering somewhere in regard to the management ol this pond Allowing the water to run cf i eed now that the frost has come is simply out- [here are very few places of rageous. for our young folks, and all amusement that we have should be utilized to their There can be no healthier exercise than skating, and the fact that have been deprived of that best advan'age. the children exercise through the stupidity of some blunderer is monstrous and should be im mediately remedied. We trust that orders will be given to overtlow the P ynd su that the young folks—add old ones too—may having # good have the opportunity of akate. eS EO The McPhee Shaw Case. Tuxne is a good deal of prblic interest in this case, and many persons want to know the facts concerning it. Mr Shaw is a Justice of the Pesce and Fishery War- den, residing at West River. McPhee, who preferred the charge of perjury, lives in the same neighborhcod. In the per- formance of his duty as Fishery Warden, Mr. Shaw brought anaction against McPhee, before Mr. Hackett, for illegally fishing oysters off Limont's Shore. After carefully weighing the evidence, Mr, Hackett decid- ed to accept that of Shaw rather than that of McPhee, and the latter was fined. Me- charges that the evidence of Shaw was false. At the prelimimary inves tigation of the charge « { perjury, held be- fore the Stipendiary Magistrate, It was Phee now stated — (1) That Shaw could not, from his farm, see the point on the river at which he swore that ho saw McPhee fishing. But Shaw pr duced, in rebuttal,§four or five re- spectable witnesses, who deposed that they had, after the present action was begun, gone to the oyster bed « ff Lamont’s Shore, and stuck ap a stake in the midst of it, and that they then proceeded to Shaw's farm and were able thence to see clearly the stake which they had stuck up. (2) That no oysters could be found off Lamont’s Shore, where Shaw swore that he saw McPhee fishing. But Shaw brought six or seven respectable farmers to swear that they had fished and obtained oysters at that point, (3) That it was iropossible for anyone to pick oysters by hand at that point, as Shaw had stated McPhee had done. But Shaw proved that at the times of the new and full moon parts of the bed of the river at that point are bare. The sworn statements of the prosecution having been so emphatically contradicted ard rebutted, surprise has been expre ssed that the Stipendiary Magistrate dec med it to be his duty to send Mr. Shaw up for trial upon a charge %0 serious as that of perjury —particularly when a_ brother magistrate (Mr. Hackett) had previously weighed the eviderce in the case and decided that that of Shaw was true. The curious chances of the law are w.ll illustrated by the fact that evidence which one magistrate heard and weighed and found to be true, is deemed by another to be so false as to justify the sending of the man who gave it to the Supreme Court to stand his trial for perjury. It was, how- ever, no part of the duty of the Stipendiary Magistrate to weigh the evidence. If a primi facia case were, in his opinion, made out, he was bound to send the accused to trial. The grounds upon which he acted were set for by Mr. Fitzgerald as follows: “‘Some thirty-tive witnesses have been ex- amined in this case. It is needless to say that in many instances the evidence is grossly con- tradictory—to such an extent as to show false swearing somewhere. The charge before me ia shortly ; That the accased, Alexander C. Shaw, committed perjury on the 6th Sept. last, at a trial before Mr. Hackett, when _he awore that he saw Alexander 8S. McPhee fish ing oysters on the twentieth of August last. There are certain facts which are fairiy appar- ent in this case. They are ac follows (1) Oa the twentieth of August last Alexe ander S. McPhee, with William McPhee, was on the shore of Lamont’s Cove between dusk and dark. (1) That they were at or in & boat at the time, and that oysters can be fished in the vicinity of where the boat was with oyster rakes or tongs at low tide. (3) That they had oars with them and possibly a bucket; but no rakes or tongs were seen with them : ‘*Now, as to how the tide was at the time of this alleged fishing is by »o means clearly established. Such a contradiction of testimony exists upon this point, that ooly, aftera weighing of the evidence, could a competent tribunal settle it. Thisis not my duty. 1 must ever be careful in these pre:'min- ary investigations not to assume the province of # jury. Were it not for certain evidenee given: before me, 1 could readily understand that a mistake had been mode by the accused in making the charge he did against Alexander 5 McPhee I could reconcile all the other evidence to such aw case as the following, even including that of the defendant's daughter and son, namely; these two men working at a boat, one stoop ing boring holes in the gunwale, the othe standing alongside, near a place on the shore where oysters can be caught, might easily be mistaken by pereons locking at them from the distance of Shaw’s farm after dusk, for two persons in a boat fishing. But the defendan: ewore in addition, at the trial before Mr. Hackett, that after seeing these men fishing, as he supposed, he went direct to their boat, and found oysters in it; and his son swears at this tria’ that he and his father before day- light the next morning, went to the boat and took out of it some two dozen fresh oysters. eps MONDAY. DECEMBER 12, 1892. Phere is no reconciling this evidence with the oaths of Alexander 8,, and William McPhee, who both swear that there were po oysters in | the boat, and of the other witnesses who saw the boat the same Sunday morning and who state they saw no appearance of oysters having been in her. There is necessarily per | jury somewhere here. The oath of the ac- used before Mr. Hackett on this point is explicit: ‘In looking up the West River I saw a boat, and two men in it, fishing as 1 believed. I at once made up in_ that lirection and recognized Alexander S. McPhee with his nephew, William, fishing oysters close in on the south side of the river.’ I waited there a little time and started for home, and I saw one of them had a bucket and the other of them a bag, as far as 1 cou!d see. I lost sight of them, went down to the boat used by them, and got some small oysters that I still have. I went home then.’ Again, the accused swore before Mr. Hackett as fol- lows: ‘They fished about ten or fifteen minutes, Saw Alexander on a lump that was rvised by a mud digger fishing with his hands.’ This also is a positive oath, and wholly irre concilable with the evidence of Alexander and William McPhee, and indeed of nearly all the witnesses, wh: se ‘estimony goes to show that on the 20th August last it was almost impos sible that oysters could be obtsined nerr where this boat was by hand fishing. N» oysters, in the knowledge of any witness, hi d been fished by hand in this cove for some years. This, therefore, leaves me with a case wherein there is positive evidence that the accused swure faleely on both these matters, which evidence is contradicted by the defend ant’sson. The issue thus raised can only be settled by a dete:minaticn oa the credibility of the witness for and against the accused. In my judgment in the Queen on the prose- eution of J. S. Carvell vs. Henry Blatch, I followed the law as decided by Lord Denman, and Cockburn, Ch. Justice, in the cases then cited. It is shortly thus laid down: ‘When witnesses called on the part of the defence contradict those for the prosecution in ma- terial poia a, ten the case would le properly sent to a jury to ascertain the truch of the statements of each party, it being no part of the magistrate's province to try such case.’ The law enables me, when the evidence is sufficient to put the accused on his trial, but does not furnish such a strong presumption of guilt as to warrant his committal, to admit him to bail, upon his procuring sach sureties as will be sufficient to insure his appearance at his trial. This is certainly a case where bail should be taken. During the progress of the case for the prosecution I thought $500 himself and two sureties of $250 each safficien: bail for the appearance of accused on the sev- eral adjournments. Since then evidence in contradiction of such case has ben given, which, if true, must certainly insure his ac- quittal. J think $500 sufficient bail, under these altered circumstances. I therefore order that the defendant staad his trial at the next sitting of our Supreme Court for the charge as laid in the summons, in this case, and that he be admitted to bail for his appearance at such trial himself in two hundred dollars, and two sufficient sureties in the sum of one han- dred and fifty dollars each. ee Notes and Comments. ~The auditors of the Chariottetown Driving Park assuciation have issued 6 statement which, in brief, shows that their receipts of last year amounted to $8,457 58 and their expenses to $7,237 30—« profit on the year’s transaction of $1,220 28. —It appears that about $15,000 have been subscribed towards the proposed hotel and that about $5,000 more have been promised, While this was not so much as was expected, it is something to hold fast to. Perhaps gentlemen in the States in- terested in steamers plying to this port, might be induced to supplement the amount. Keep to it gentlemen. The City Court Case. We learn that the debt and costs in the case of Joy against Palmer and others were paid on Saturday. This ends the case and leaves Judge Alley’s decision un challenged. The reasons of Judge Alley for his judgment appeared to be very strong, and now that the defendant’s counsel have eccepted the decision as law, without even a doubtful point upon which to appeal, the judgment can be accepted as unassailable. The powers of the Ciry Court mast, therefore, lie dormant until new legislation take place and a legal appointment to the vacant Judgeship be made. What about the Judge of Probate ? te + Book Notices. ‘‘Heads and Faces, and How to Study Them”; A Manual of Phenology and Physiegnomy for the People. By Nelson Sizer and H. 8S. Drayton, LL.B, M D. 8 vo. 200 pp., 250 illustrations. Eighteenib thousand. 40 cents. This is a most delightful study and every one should know **How to Read Character,” and in this way be able to understand the motives and character of people met daily. This knowledge will enable employers to choose wisely and will enable en p oyes to meet the requirements of peculia people whom they my be required to please. “The Royal Road to Beauty, Health and a Higher Development.” 25 cents. ‘The standing of the author, Carrica Ls Favre, and the character of her writings will in- spire confidence in this new worx. People of all professions, arts, and industries, people with blemishes great and small—be they physical, mental or moral; aspirants for vocal fame —all are remembered. ‘**Physical Culture,” founded on ?Del- sartian principles with lessons on exercis- ing, walking, breathing, resting, sleeping, dress, etc »etc., arranged for seminaries, classes, private teachers and individuals. 25 cents. Those together with a number of the very newest works, can be had only at the Diamond Beokstore. — Tp eo Boston Markets. Boston, Dec. 10. Kcos.—Receipts have fallen off consider- ably this week, but there is still a full sup- ply of everything except fancy fresh. De- mand has been moderate and the market closes with a quiet tone. Eastern extras are quoted at 28 to 30c, but are rarely good enough to reach the outside, most lots be- ing more or less mixed. Choice fresh Michigan and western steady with aow and then a fancy mark exceeding quotations. Held stock in full supply. Porarors.—Receipts of domestic stock continue light and chuvice Hebrons are in steady demand and firm at 85 to 88. Other kinds keep well sold up at quota- tasions. Chenangoes in heavy supply and selling generally at 60 to 63c, but some forced sales have been made at 58c. at It takes Goff Bros’ solid leather boots to stand in the mud. TELEGRAPHIC NEWS. Sprectst Despatcnes TO THe ExaMInER ST. JOHN NOTES. The Graveyard Case and the Currie- Crisp Case, Sr Joun, Dec. 12. In the graveyard insurance cases on Sat- urday, a brother of the deceased testified that the latter was weak and coughed al- most continually six months before he was insured. He had been taking medicine for some time. The witness attributed some of his brother's illness to hard drink- ing. It is understood that D. D. Currie has accepted the proposition of a special com- mittee of the Methodist Church Conference of New Brunswick and P. E. Island, which invited him to appear and substantiate the allegatious made by him through the press concerning Rev. Mr. Crisp, now Methodist minister at Woodstock. The ministers here make no disclosure as to the state of the proceedings, but it is safe to say that if Mr. Currie appears the hearing will be in St. Jchn, and that the pastor cf the lead- ing church will preside in the place of Pre- sident Stockford, who is stationed on P. E. Island. Killed by a Lecomeotive. Picrov, Dec. 12. Miles C. Geldert, ef this place, ws killed on Saturday evening at Pictou Land- ing, being run over by a locomotive. e+O+e General Telegraphic News. Sroux Ciry, Iowa, Dec. 9 — Reports of suffering from scarcity of coal come frem all parts of South Dakota, Northern Nebraska and Western lowa, as the result of the recent bi zzard. New Oxveans, Dec. 9 —Word has been received here of a horrible tragedy sup- posed to be the work of the Mutia, near St. James Parish. Three Italians were induced by three others of their country- men to start with them for St. James parish in search of work at Lovey Pvint. On the way the three men who were guiding the others fell upon the latter with knives and pistols, killing two and fatally wounding the other. Wasuincron, Dec. 9.—Se iator Frye has introduced a bill forbidding{merchandise to be carried in vessels cwned wholly or iu part by aliens from one part of the United States to another, either directly or via a foreign port. The President may suspend the right of carrying merchandise in bond through the United States in «ase Canada deprives American citizens of the use of Canadian canals on terms of equality with Canadians. or levies export or other duties on lumber or timber cut in Maine on territory watered by the St. John and the tributaries and floated to the sea to be shipped to the,United States. Parrerson, N. J., Dec. 9 —Alderman John Hartly, Republican, of this city, con v.cted of taking a bribe of $200 in securing the appointment of policeman Cox, was sentenced to day to une year in prison and to pay costs of proceedings. Policeman Cox, convicted of conspiring to bribe Hartly, was sentenced to one year in prison and to pay costs. Both were admitted to bail on $5,000 pending proceedings on writ of error. Orrawa, Dec. 9.—At a meeting of the Toronto grit association last night Mr. Ed. gar, M. P, intimated that a general con- vention of the party would ba held as soon as possible after the coming session of par- liament. Sr. Pererssurc, Dee, 9.—The governor of the province of Voronezh has asked the imperial government for 5,000,000 roubles with which to purchase foud for the peas- ants in that province who are suffering from famine. The governor of the prov- ince of Toula asks for 2,000,000 roubles to be expended for the same purpose. The newspapers are obliged to keep silent re- garding the famine, but it is known that in the provinces of Voronezh, Toula, Riazar and Bessarabia the situation is worse than it was last winter. The government pro- poses to relieve distress in Bessarabia by the construction of extensive public works which will afford work to thousands of the famine-stricken population. Orrawa, Dec. 9.—Mr. Lowe, Deputy Minister of Agriculture, ssys there is nu truth in the report that the British Gov- ernment order prohibiting the landing o Canadian cattle in the United Kingdom has been rescinded. New York, Dec. 9.—Superintendent Thomas Byrnes says he has letters and facts that will soon be ready for publica- ~~ tion relativeto the animus of the attack on the police by Dr. Parkhurst and _ his : society. He says Dr. Parkhurst was deep-! ly interested interested in procuring a divorce for a lady member of his congrega- tion, and desired certain men of the police force to swear to matters they knew n thing of, with the aim of getting evidence that the lady’s husband visited a certain disreputable house. Superintend- ent Byrnes says that Dr. Parkhurst began a raid on the house in which the evidence *n the divorce suit was said to exist, and very soon commenced his attack on the police force. Dr Parkhurst, it is perhaps needless to say, denies the charges made by Mr, Byrne, and saysall the houses of ill-repute in New York would soon be closed up if the police did their duty. SURPLUS STOCK. JE will continue our Auction Sales daily {except Mondays) during December in our large and comfortable Store (Robertson’s Old Stand). Ali parties having Merchandize of any kind to dispose of can send same tous onthe forenoon of any day. Weekly settlements will be made for all goods sold. Every article will be sold for the highest vid obtaipable, and no goods will be received subject to any res rve bid. E. H. NORTON & CO. dec7—1w eod ipit EVERX OCCUR TO YOU that the hair and beard shoald not be rm off simply because they are too Jong. but triu:med in such a Manner as to become an ornament to your head and brighten every feature on your face ?— Union Hovsk BARBER SHop. decl2 Local Notices A splendid lot of fresh sachets just opened at Reddin Bros. Plush tipped whisks, the largest stock in the city. —Reddin Bros. < Genuine Sale. We mean what we say when we offer 30 per cent discount. Come aud see.—McLeod & McKenzie. decl0 Read our advertisement and call and see our fancy goods. Goods must be sold.— Reddin Bros. : The cheapest overcoat in Charlottetown will be found at J B Macdonald’s great Clothing Store, Queen Street. decl2 6i Wednesday afternoon at 3 o’clock—Special sale of high class goods in china and piano lamps. In order te provide a special oppo:- tunity for ladies to secure our best goods, we will offer only fancy china and best piano lamps at the afternoon sale on Wednesday. These goods will be the finest ever sold in the city. All must go. Nothing reserved—E H Norton & Co, Auctioneers. Buy men’s and boys’ reefers, all wool tweed sui g at the great clothing Stare —J B Mac- donald, Queen Street, decl2 6i Great bargains in boots at the Domini na Boot and Sho: Store. decl2 61 Best five-frame Brussels carpet 90c per yard; other qualities from 23c a yard up.—James Paton & Co, 158 Victoris Row. decl2 To our customers and othera.—Don't think you can buy cheaper from any other house in the city than we are ‘alles. Get our prics before buying or oe orders. Ali die- counts and cut prices met by John McLeod & Co, decl2 Perfumes in boxes, all the elegant odors, on draught all kinds 25 cents, at Reddin Bros. J A Simon, M D, St John, N B, says of Malto Peptonized Porter : “An admirable preparation, palatable enough to be borne and even liked by the mest fastidious taste, and in no case has it been rejected by the most delicate stomach. It will be found valuable in cases where a mild stimulant or tonic is indicated. eod As advertised to-day, the Messrs, Connolly Brothers have made a special sale of fine china, glassware and lamps for Wednesday afternoon. This sale is iutended to give ladies who do not eare to attend the regular sale an opportunity to secure some of their best goods, and the room will be made warm and clean. decl2 Tha Medica! News says of Malto Pepton- ized Porter: ** Theoretically this prepara- tion should be a good one, and practically it has quite fulfilled our expectations. Its nourishing properties suggest its adminis- tration in ali such states as convalescence and when the system requires to gain strength and tone. We have used samples sent to us in cases Of convalescence with the most satisfactory resulis. We have also used it in patients worn out and ex- hausted by fever, and found it equal to anything in the way of concentrated foods and aids to digestion that we have met with. We highly recommend its use by both city and country practitioners Dec. 12 wed & sat. Malto Peptonized Porter is a food, a tonic, a reconstructive of wasted tissues, a inild stimulant, a digestive agent and an alterative in liver troubles. It is better than Cod Liver Vil for consumption. Dec. 10 tu & fdy. Beer & Goff's new Vostiaza currants have ust arrived, See themif you want something e<.ra pice. declO 2i Beer & Goff’s flavoring and extracts are the purest and best to be had. dec]0 2i iene ies MI | ——-—ON-—~—— Monday Evening, 12th inst., FROM 8 TO 12 O'CLOCK. TICKETS ........... ONE DOLLAR. Music and Refreshments will be provided by the Ladies in charge. rs open at 7 30. decl2 PROCLAMATION | { Uat | NOW ALL MFN BY THESE PRE- SENTS—to be found at the Diamond Bookstore and Baziar—two Stores in one. Whereas, I lately jd. my felling price of the various bound A Is ; ard Whereas, one of the trade has resum:d his practice to call more insulting namee and deal in mean insinuations+a pastime injuring himse!f only ; and Whereas. several competitors, annoyed at my low prices, have been acting the role of the famous cats of Kilkenny—but only cut- ting oa one Book ; and Whereas, my rates on every description of goods is so low, che mention thereof ruffles the sweet tempers of competitors ; and Whereas, I do not desire to ** cut prices” but agree to give FREE a chvuice of Annual to anyone making a Five Dollar purchase ; and Whereas, it seems necessary that the public should know why I can and do sell cheaper than anyone else, Now therefore this Proclamation is made : that on account of frequent opportunities to buy many classes of goods at big dis counts—an advantage uoknown to smal! traders—the purchaser can obtain every description of goods from me in most cases 20 per cent. cheaper than elsewhere. ated at the Diamond Booketore an? Bazaar—two Stores in one—on Cheapside Row, this 7th day of December, A. D. 1892. THEO. L. CHAPPELLE, dec7 —3i eod Ch’town, P. E. I. in Town. A good Programme has been prepared. 7 30. Entertainment at 8 o'clock alland See Us. E ARE NOW READY —WiItTtTH EVERYTHING Ae MAS PRESENTS AND TOYS, 25 per cent. Lower than any other Dealer See for yourself. kes” Advertisement To-morrow. BAZAAR CO. Charlottetown, December 12, 1892. Penny Readings AN ENTERTAINMENT, ——CONSISTING OF —-—— Readings, Songs & Choruses, WILL BE GIVEN UNDER THE AUSPICES OF THE ST. PAUL'S CHURCH YOUNG PEOPLES SOCIETY, IN THEIR SCHOOLROOM, On Tuesday Evening, Dec. ith. Doors open at 2i—decl2 Admission 10 cents. ————— the re with care, N spite of all that has been written and said about DOCTORS AND DRUGGISTS, customers will not find any change in the treatment they receive at WATSON’'S DRUG STORE. Prescriptions and Recipes are compounded as hitherto The best Drugs procurable are used, and the price charged is as low as in any other Drug Store in the City. Cutlery «0° Silverware —AT THB CLIX HARDWARE STORE. — _—_——(K)- se Special Sale for the Holiday Trade now on. ee eed SPECIAL DISCOUS/S FOR CASH. a R. B. NORTON & CO., QUEEN STREET. Charlottetown, December 12, 1892. dvel2 = mo Ee. General Lowest Prices. November 4, 1892. RnR. BROW. Insurance ——— REPRESENTING —-— FIRE : BRITISH AMERICA ASS. CO. OF TORONTO, COMMERCIAL UNION ASS. ©O. GF LONDON, ENGLAND® LANCASHIRE INSURANCE CO 1 QUEBEC FIRE ASSURANCE COMPANY SCOITISH UNION & NAT. INS. CO. OF EDINBURGH, SCOTLAND. LIFE AND ACCIDENT: SUN LIFE ASSURANCE COMPANY OF CANADA. Prompt Settlements. OFFICE, BROWN’S BLOCK, Agent, OF MANCHESTER, ENGLAND, CHARLOTTETOWN, Alas Preset iIso2. A LITTLE MONEY GUES A LONG WAY AT WEEKS 2CO'S, TOWARDS BUYING YOUR Xmas Presents USEFUL PRESENTS is what most people like to receive, and mothing can be more useful than the following :— iA Nice Pair of Gloves, In BLACK KID, In COLORED KID, Ja LINED KID, In WOOLEN, In CASHMERE, For Ladies or Gentlemen, or perhaps something in the FUR line would be more acceptable :— A Nice Mofi, A Nee Collar, A Nice Tippet, A Nice Fur Cap, A Nice Pair of Fur Boas, or perhaps something in the HANDKER.- CHIEF line would be more suitable :— In Linen Hem Stitch, fur Ledies and Gentlemen, In Plain Linen, In Silk Lisle, ln Hemstitch China Silk, In Hemstitih Surak ‘* In Embroidered S:lk China, In Fancy Drawn China Silk, or something in the large Flowered, Colored, White or Cream SILK HAND- KERCHIEFS, of which we have a very large stock, About 700 Different Patterns and Colors to choose from. HALF PRICE! We were fortunate in receiving sbout 18 dezen JAPANESE SILK SCAL.- LOPED EMBROIDERED HANDKER- CHIEFS at about half price, which we opened yesterday, and are «fling at 16, 22, 24 and 35 cents. lines—worth double. W. A. WEEKS & 60. See these Christmas Black Cashmere, Black Merinves, Black Goods ef all kinds. Oar BLACK GUOD3 are all of the best quality. In Dye, Weight, Purity and Width we pay particular attention, We buy for c's: and are selling them at very low prices. — ae ee AXTRA INDUCEMENTS For the Next 10 Days. W. A. WEEKS & (0., NEXT TO BZER & COFF’S, Wholesale and Retail. Charlottetown, Dec, 9, 1892. OYSTERS. TSION HOUSE to ‘he frent for Oysters, We bave received today 30 berre's from Nar ryws aod Richmond Bay. For sale on ball shel! and by tne quart. O. H. TRAINUP, Proprie or Annual Meeting. ——___ rue Annual Meeting of the Young “en's ‘hristian Aswriation will be heid in the Association I+mure Room on the evening of MONWAY, le cemb + 2th, 1892, at & o'clock, for be eleciion of officers for the enaning year and for general bu inces A full attendance of mem- bers is requesied decd 2aw 248 F. 8S MOORE. President Y. M. C, A. Charlottetown, Déc. 3, 18% od tl dte CAPE ULSTERS, CAPE OVERCOATS, FUR-LINED ULSTERS, REEFERS AND OVERCOATS HOLOOS 9° Fe ‘S1OJIO3T dvoys ‘saagjoogy : - -Gsoyo ‘s1ajo9gy ‘dvayo ‘SA9JOO yy yoy sazis yy “deayo yous $ ul f “ASROH YONIH.LOTD