. .\dmission 15c. . JANUARY 27, 1927 up HERS oars ave Oocr mmfor r‘ " u '- f ~-";-.l.:.1.;." "a can I flu - tannin ymJmmo-mnllw- Central Guardian“ BAND AT the rink to-nighl. - r do. HOCKEV — Crystals vs. Abllies Frltialy night. 35915 BAND AT tile rink lo-niglll. 3500. VERNON UNITED CHURCH Set‘- rit-es will llo held ill the (,'.lllll‘l'll nl Vernon iilvel‘ on Sunday nl-xt. 2:30 p.ln.. and at illl1ll‘l‘y Vlllliil’ ill m 7 p, ln., roads atld weather per- ‘ slitting, Mr. ‘(lrnnt ol‘ 0l‘\l‘(‘ll will preach. mljjl‘ HOCKEY AT SHERWOOD to- night lClarke Bros. vs. Silel wood 'i‘igors. Gunlo starts 7J5. One and one llall hour's skate after’ match. 3597 BAND AT tile rillk to-nlght. 3595i HOCKEY — (‘ryslals vs. Ahbios l-‘ritllty night. _ 35W HOCKEY — Crystals vs. Al-lllics Friday lligili. 3596 HOCKEY - Crystals vs. Abbieu .l"l‘iday lligilt. 3596 WHIST DRIVE. —'l‘lie wllist party in ltosnry llall Tuesday evening under the auspices of the llenevnlellt lrisil Society in aid oi’ their charitable fund was largely attended and passed off nlost suc- cessfully. Tile ladies’ prize was won by Mrs Dennis Dowling and the gentleman's by Mr. Edward l-‘lylm. Tile lucky chair prize wont to Mrs. Wnl. Scott. C. W. L. MEETING At n. iltcct- illg of tho Executive oi tho Catho- lle \Vtilllt3ll'ii league last night ill Rosary Hall, tilo Convenol‘ oi‘ pro- graln announced tllat Alisa Mona Wilson, lDirct-tol- oi‘ Red (‘rnss work ill this Province llud ltilldiy consented to address the general meeting which will lll- held on next ‘Tuesday cvcltillg Feb. 1st. Mist-r Wilson's tullt will lli‘. on tho work ol‘ the Red Cross Society in gener- al and as it. is a subject oi‘ interest to all wolltell the lllolzllng will lit‘ n public one. The lloqllllu: Colu- llllllPt‘. ilillltllilll't‘(l llliil llcv. A. .l{ .\ll~.»\lllay will give a lulk tlillllPlllllll lll l“('lll’llill‘_\'. dzllc to lit‘ lllllltllllli't‘ll later zlltd tilis will be tllo serond ill the votlrst- opt-n to tile general pub- lit- and will be llPltl lii lu-agzlll- ol‘ Frogs Hall. m 'l‘here are about twenty cases in FIRMEN CALLED OUT.- The firemen were called out about 12.30 this morning to .i.he residence of Mrs. John Pineau. 101 Richmond Street to extinguish tho flue which had caught lire. » ' lSMALLPOX-ln regard to the smallpox outbreak now on the ls- lund it may be said that some time ago several eases developed here, being brought by parties from the llnitcd States. It was such a mild type that little attention was paid to it, and it was t-hought a first to be a rash or chicken pox. Accord- ingly, it mad-e considerable head- way. But mice it was determined it was smallpox. the contacts were placed under quarantine. Finally, so many cases developed that the Government appointed Doctor lilake to take special charge of the situation, The lpiaces now affected are Hunter River, Mayfield, High- field. Milton and Augustine 00W- all. Compulsory vaccination has uever been enforced in the rural districts, although it has been ill cities tllllll incorporated towns. ill the coulltry local school hoards ilavc now been-instructed to sec that a child is vaccinated before being admitted to school. All the cases that ‘have developed this -win- tcr have been among ulivaccinatetl people. A number of schools were closed in certain sections, ‘but lHunt- er River |School has reopened. Al- tllollgh the disease is of a mild tyne unless the proper precautions are tafken, and great care exercise-ti. it is quite possible, states Dr. Jenkins that severe cases might develop. ______4-o§_-—- PERSONALS Mrs (Illa) J. S. Jenkins and ‘two ciliidreli left YDBl-ellill)’ illilrlllllg on a visit toEnglund. ' Ml‘. Parker llorlle of Winsloe re- turned on Monday night from a six weeks trip to ‘lierlnuda and the West indies. Major D. A. MacDonald of the Russ Hotel left this morning for his home in Wheatley River. Mr. R. S. Petilick, Manager of the Royal Bank of Canada of Antl- gonisll, has arrived lll the city ac- companied by Mrs Pethick on a visit to Mr PethlclCs Barents, Dr. and Mrs P8llllclf. ‘ Mr. W. l-l. V. Dunbar, of the IEHNLBTII Securities Co. Ltd. left Motlday nlornlng on a. business trip i to Halifax and St. Jollll. ‘Mr. l)llll- lbar will he absent from work for about tell days. Notes 0n Tues- day's Game lll ' Summerside ll. was a grout win for lilo Cryst- ais. ers with those of Iioly Church for well-loved cenlradc- to the (lrystals. to gel goilrg. Nlolilllunltlry pluyeth his position lYPll, wutcltlog lllC Ab- - a In Memory eflliss‘ (lelina Stanley A TRIBUTE FROM HER CLASS- MATE-B Olll‘ ling at half-mast todoy seems to give silent expression to the grief that fills our hearts for the sad death of our dear little Wmlllwion and friend, ‘How little we thought, as we glided over tho smooth ice of our beautiful llills- borough on Monday evening, that, lbefore nightfall one of our happy‘ band ,wo_uld be crushed to death-in‘ the chill embrace of its icy waters! God cast tl-iio lovitng gaze upon us and chose the most beautiful in His heavenly Jerusalem. lOnly tile Divine ‘Comforter of souls can pour the blam of consola- tidn into the hearts of the afflicted parents who mourn the untimely death of their only daughter, May He give them light and grace to- understand that, ill depriving theml ol‘ her presence, He has opened to‘ their darling the delights of Ills their behalf. lShe shall ‘be missed, too, by her classmates and indeed‘ by all the pupils of tho school where her slur‘ ny disposition, her fraltlk. open character and her constant unself- iahness made her a general favor- ite. She shall be missed‘ at morning Muss where daily, in spite of wintry storms. she went to nourish her soul with the Bread of Angels. ‘Nor did the 10rd fail her in her hour of need. He had prepared llor young soul ‘by l-loiy Viatlcnnl that morll- lug. although she knew it not. and He Himself ‘taught her ilow to meet death bravely, young as she was, with a cry to him for pardon and the surrender of her innocent spirit into ‘His everlasting arms. ln His loving embrace, may you ‘lest in peace, dear Celina. From on high you will pray for those who loved! you so well ill life and who will not forget you in death. Celinzlfls classmates or (lrwde V shall assist at her funeral service tomorrow morning at lSt. Jlunstulrs Cathedral. and on Saturday l-ligh Mass shall ho offered for her at ‘St. Joseph's Convent which all the pil- piis shall attend to join their lpray- the repose of the soul of’ their ijordoll did not strenl to be zlhlv ble star all tho time. lWilll ll litllo nloro exptlriolltrc and Art. Ailtln ‘ltnuldlcti the game well- Till’ lozlttlro of theganlt- was ‘llli!’ \\'tlllilt‘l'fill playing of lfiiilipllatti.‘ who was evident-every nlinllto and everywhere. lie svas a wonder and‘ "ltockey brains" are a great asset l . iilllllll RflSi A Drama. of the Sidew Ell’lllllillY”lY alks 0f New York. - training Ciovcy Perry should make at good mun. llo has. thn facility of _qllslit.y' lll iillly youthful player. clean and excellent. galllo he did . " h l ‘ill l n seemed to he lll great shilpv. ills gmemdy “m l m “ "w" m" ‘v comer if llekl forget the mall and play the rubber, doing \‘.‘llat llo is told. a necessary if i-ialrl Prowstl plays tho saint‘. riends in lSlUIIIIlGTHlIlC‘. Ills work was the subject of much favorable comment after the game. Anderson did not s-ilow up as well as in last 'l‘llesllay’s game as he was inclined to "rough it." l-ie is a lcould not swim get so far up the (Wood testifies Eyes to adorn tho courts of l-lisliillillire. Paradise, where she will not ceasoldenee to invoke, by her sweet intercesere mistaking the road when driv- sion, the infinite mlercy of God ill illg ' prisoners fma CHARLOTTE-TOWN eutulnmu _ GUILTY ' (Continued from page i.) old law as “killing a human being with malice aforethought." There is still to be found in our definition and olur understlanding of the term _ "marl er" an evi intent on the part ‘r an Story. He finds himself after re-l you now m“ m” extreme gaining consciousness “ ‘ onfiflfritllél-i ‘§l,§‘§,,“§,,,“ ‘gnmggtli: ti]: all‘..:"‘*l:=:..::.;“*;.xr?l.“ :::"*:.":;‘-;-;.,~.‘~.-= 3-- the wharf. llow could a man Wholblilllleltlgihlll: iliustlllflrafllgillellistgfallldl says he was unconscious and who fight may arms; l; ark,“ m u“, ease of soldiers who are fighting for their country under the orders of authority; of sailors; of those who are carrying out the sentences of the law. All those are blame- less, and killing under those cir- cumstances is no crime. Neither is it any crime-and here we are coming closer to our cane; next to it. in fact-if a. man through no fault oi’ his own, or through no omission of duty, causes the death of another person; where it is purely accidental. l will ask you, gentlemen, to keep that in mind. The taking of a human life, the (lensing of the death of n. human being. is regarded by law and sanctioned by public estimate as a terribly serious offence that re- quires the extreme penalty of the law. We often regard it as the ‘greatest of crimes, although per- laps it is 0t the mos from Powtlal to Charlottetown ‘nmne gasp: yet 1t p‘, 2123:3938 and going down towards Southporl. extremely serious matter to take side of the wharf? it was some- where around midnight when the car went over the wharf. Mr. that it was two o'clock before he was first disturb- ed. Whal; happened around the wharf in two hours can only be a matter of conjecture. The point to be considered is was there neg- There is one thing sure. that when the our was being driv- ell in violation of the law by anoth- er driver without knowledge of the road or ear, it went over the wharf and two lives were lost. The grass grown condition of the road leading to Southport wharf should have warned an observant driver that he was on the wrong rolld. ‘ Mr. Stewart referred to the evi- given by Mrs l<ldgai' lleartz Wharf instead of llillsboro the life of a human being or cause Bridge. ill this case the driver his death belonged to llailfax and in the Now in order ma; me perm-m front seat with him was lllS mother who also belonged tilere. ill closing, the Attorney General referred to the seriousness of the case, and to the danger to the citizenship when motor cars are driven ill a reckless, unlawful and careless lllanller. The verdict of tile jury will llnve an important bearing on the enforcement nf the motor vehicle law in the future. Peters did a negligent _l.hitlk when he turned the wheel over to Mc- Coubrey. Peters said he tried to catch the emergency brake but collldlrt do so as he was on the wrong side. lIad he been driving himself he no doubt would have control of the Cill’, with different results. lll conclusion he said he had at- tempted to analyze the evidence. Tile jury had given very great ut- telltioll and hoped they would come to n fair and reasonable ver- dict ill the case. who does that may escape crilnoll- uiity, he must he blameless. a mall causes a death of another by an unlawful act he is guilty of manslaughter. lie nlust be free froln blame in order t0 escape. if he causes the death of another and is blame- wortlly because of ills negligence he cannot escape. We will come to consider what negligence means a little later and what an unlawful act mculls now. There are certain things that the law requires of a persoll who drives a plotol‘ (zar. One of those things is contained in tile Island Statute of 1922. “No person who is drllllk or ill- toxicated shall operate a motor vehicle." if any man is drunk or intoxicated and is operating a motor vehicle within this province and he causes the death of anoth- er person by reason of that, then he is guilty of manslaughter. lie Charge to the Jury, delivered by is guilty of manslaughter if in the the Chief Justice (rendition of intoxication or. drlltlk- Forelnall and Gentlemen of elllless he kills a mall, kills him ill the Jury: a way that might otherwise be We are reaching now the closing purely accidental; because it is a stage of this case. You have lawless thing. lie begins wrong beard the evidence, and you have and he cannot justify himself if heard what was said by the coup-he causes the death of another sol for the Crown and for the -pris- while he himself is guilty of a OIlGH-l. Now there remains for me wrong. This privilege you must to direct you as to the law willcb keep ill mind throughout, until you will guide you ill your decision. ltihave brought in your verdict. That is for you, lll pllrsllltllctl oi’ that a mall tn escape froln tho penalty law, to find the facts. Yoll are'oi‘ causing allotbel-‘s death llltlst tile judges of lilo fat-ls. 'i‘ile law be Illalllcicss himself ill lilo trans- yoll tells absolutely from the Court U,i'l.lilll. _ and you nrl- hound. ulllicr the oh“ 'l‘llere is nnntllel‘ Provincial iigations of your Ofllll and oi‘ your Statute. "no person shall operate office, tn find the verdict. upon the n motor vehicle, on the highways, facts and ill accordance with the of this province unless he or shr law as ii. is laid down. is dilly licensed to do so under tllc You are trying u very llnport- provisions ol‘ this act. " unl- viltlt‘. Yllll Hi1‘- lFYllll! i110 l-WO Now you know a motor car is a upon this charge: that trcnlentiousiy powerful and danger- Dellnill Peters and Louis llilr- ‘oils lllillg. Put it lll the hands of (lollbrtly did kill ulld slay t\ill0l'i'all illcolnpctolll. or reckless person Ynllland and Georgi‘ itch-iris at and it is capable ol‘ tlcl-llroyiltg Soutllport wharf in Queens (ioulliyflllunlttll life to iill appalling degree; on or iillillll. the 17th tiny ol‘ Jlllyfanrl so all our people must llf‘ sufo‘ 1926. gunrdcti against. lilo illlproprr use “Did kill and slay." Now that ntf such an engine. One method is to general charge oi‘ homicide, oftllat. the legislature takes oi‘ secur- tho killing of ll. human being. lionl-nng this safeguard is to say that llo icido is (elnssifiable under three (iii-lone shall operate a motor vehicle ferent heads, each one different in on the highways unless he or she character and in consequent-mils duly licensed under the provis- Homicldc may be murder, or it. ions of this act. may-be manslaughter, or it may be You have heard the evidence a blameless act, according to the about, tho licensing ill this case. lllr. .and you are told about his physi- “Slveet Rosie Ollratly," the Co- nue, who is rescued from thugs Ol-l llllnbin comedy-drama which open- the Bowery through lile lll‘°llll>t ac- i‘il a four days engagement at the tion of Rosie, is satisfying in the Prince Edward 'l‘llell'trl.~, is one oi’ role. lie is handsome and manly ill tile best film iillfllCllilllll of tile seu- type. The romance ‘between R0816 son. ‘Shirley Mason, the star of the and Victor ital-l ille illliil 0i Bil‘ prolnciioll, is exactly the typo to spenso t-ltllt tilc public likes, and is 5051i degree of piqllancc and ullarllt all else hinges. llllt\illlilllt‘il h)’ any actress oi‘ stilgei ‘No othor production that has l ol‘ H('l‘t'('ll. conic to tllc Prince Edward ’l‘lleatre 'i'lll-. slory oi‘ the picture is ellvei-'tllls season has tile clean-silt coinc- \\|!l'll ill the quaint llillltlsphoro oi‘ dy vein and genuine heart interest llll‘ cast side of’ New York of lwtlll-jpossesstlci by “Sweet lt0siel()'(}ra- iy years ago, llurry (l, -lioyt, alt-jdy." The pillocllio glllllfi ill which tllor ol‘ the story, which ‘is llrlstlll the tilrce Jewish characters llflillcl‘ no tile old song by Maude Nugent, pate, ‘Lester llorlnlrll lllllylllk U18 tiona well—lhus the their win. shot__'bitt long, range shots don't win n hockey game. if chicken would play ills position better and try to pol-tray litoskl Ullrndy, She ‘pmiilfii-l-dllfl thread of the story lllfl0ll which go through the opposing iltsfetlct: (instead of shooting from outside) lfectivo. He is a good skater and-has a wicked shot. nlond. .'l‘lle lCrystuls lplayed their 005l- reason ‘for circumstances. You see how iln- portnnt the circumstances are. Murder was defined» under the Diocesan Church Soc. An executive llloeliltl-‘I oi‘ il- C. 5- was lllllll Ill Si. Paul's Parish llail ICllnrinlleiolvn, yesterday‘ ‘tClllckt-xt" Gallant has a good lis work would he llulcll more ct’- coll While in tho chair. Arrnllllflllltlllléi were nlalle for tile Alnlllul (lonernl ‘Meetings on the 15th lllld llith of March next. A resolution’ 0f sympathy was passed with the Rev. C. C. Rumi- ltoctol" of (Jrapaud on account ill tile illness of illirs llsnd. ThoAbbies missed Dempsey lila- lSlliiphant and Anderson each got after-l noon witll tho Venerable Al‘i'.lltlOtt'( McCoubrew had no license what- over to drive. Peters had no chauffers license. l think that is ‘tho evidence. Titose are unlaw- lllll acts then if a mall drives a car when llo is intoxicated or ill a coll- dltioll of intoxication, or if he drives n. car without a license, and the death oi‘ a person is caused. "Pltcre is something more lll order that the driver of a Cill‘ that caus- es the death of a person shall be lblanlciess. lic lllllst not be guilty ‘of negligence. I will give you some guide on that question of negligence, just lwllat it means. Tile law recog- ‘nlzos it as being ml element. in tile offence ill such a case as this. The FIRIT OR ‘@0700 ‘CLAIS ha: Nll('i‘t't5tl(‘.tI In lllzthlllg an illlor-'"klhilztlr," is one of the iligll llilllifl lWO ilqialties; wllilo ‘Mt-Lollall, ‘a’ i u] h m" Arc]? ta-lllnr. cllaractorlztlllon which l)i ‘of the plcturtlv‘. -Willialn (Itmiklilltlas Montgomery and Morris got one ‘logical“:h::;"3::"i{lf “mi Du rum,“ U rt-rlot" Frank if. Strttyor and iltl us‘ tho lrislt ll" llmliiill- “u” ll "5 9 e“ l‘ ]li't'ltllly strong cast ol‘ players have Vlilllltllilltl ‘for lilo screen. A ro- Illillll’t.‘- lll which tile [Cast Side and .l<‘ii‘lll Avenue nlcet on equal tcrllls. llfforlls opportunity for all unusual- ly lllllnun angle and u wealth ol‘ remedy ill which rare Jewish types portrayed by Lester llerunrtl. E. Myn Warren and Otto lmlerer. pllly an important lmrt. Cullen handle as Victor lic. illltulc. the youth from Fifth Arc- f“ 0m Insertion l-‘our ‘lnurtionl lfi|llt Insertion Nursing I GlIRLSl: TRlAlIN FOR NURSING attendants; diploma given fol‘ Your training. For particulars address Assistant Sullflihtend- ent, New En-glidiid Peabody ‘Home, Oak l-lill, Newton‘ Centre- Muss. 3b*3-1-Z7'~3l YOUNG WOMIN DEQIRINQ 1'0 enter Class. Feb. Ill. i927. Nflflll Adina Training School for Nurses, please Wflllr Supt. b0- iovo January 11th. Bobooilllllll‘ tiea pupil to secure registration. Provides monthly allowance and privilege of nix month!‘ course at Yale University school of Nursing all UxDQIIIDI ‘paid. Teachers Wanted m; er a” llton rlllfld at once for .' sobodh‘ Supplement Ant: to Allan ‘rimmin- ‘ 600-1 fMi. CLASSIFIEDS‘ Apvlsrtrlsaluaiurs AAA“AAAA AAAAA v1 v v lrislt side of n Jewish-lrislt combin- ation similar to that itl "Abie‘s lr- islt Rose." "Putting on Dog" a novelty film showing the various breeds of d085- Topics oi‘ the Day. fllll of wit and humor. “Sing ‘Em Again" old Dqllll" lar songs and music by the Prince Edward Orchestra. Makes an Ihoul‘ ulld three quarters of excellent on- tertainment that is worth seeing- 10o 110! lino of 0 Ina-do “an p6! lino of ll Ionic i ..7u p0! lino of ll worll 4 . ““‘ w w-f For Snip FOR SALE - AT A BARGAIN nlotor boat. i0 feet over t-ll, nine foot beam draft 2% 510i. 1W1” sen boat. Apply l’. 0. ilox M5. ‘Charlottetown. 35714-353“ r-‘on 8ALE~NEWLY Fatal-lin- orl Holstein cow four Yul"! "lil- Waltar lioarlz, Maruhfieiti. . 3594 1 27 3i 7 Male Ilelp \Vanted ale csnnmot. araAnY m. ploymént for Borborl- BNO!" export in 8 weeks. Write Molar Barber College. Department i!" 1 ulltlm. I-l-ttlltf .., WANTED —A oooo TRUIT- ° worthy young man who under- atands boollkeepinfl flllll BUM‘ graphy and will make himself generally useful around store. Reference required. Apply by let- ter to Box 185 Charlottetown. 8 ilillfl-l-ll-Si.‘ s gomery who got a bud hump and was laid off tor a willie. tinned tho game after a ‘few min- utes resl, however. Charlottetown Friday. town of Summon-aide there. Got your tickets early- STEERNB-MAOKINNQN-At- tllll residence o Mr. William January thofiitlln-Edison W. Sterne of Charlottetown to l-‘loronce M. MaoKinnon of U158. by tho Rev. G. A. Grant. Mmomzv-tat Cornwlil. January 26, 1087. Thom vol-avail. thin morning. lowing the hon Cut adral, thence to Roma one cemetery. eALLANT — in the city Jan. 06th. ‘leaving a aorrowing husband. ‘and fivo canal-cum ‘boys and z girls also an infant baby. and an 586d fuller. at: liners and two brothers. k Funeral tuku place this afternoon from aft The only accident was to Mont llo coll- The next game should be ii ldundy , and it in "anybody’s game" till the filial bell rings. All aboard the Special 'l‘l'tlin for The wilolo should be MARRIAGE the brides brother. cK-innon, U188. on ‘ - nsnwna Mnbonay. I865 (frilnlllzll (Jodc of Canada mukos neglect by a person having charge a motor volliclo which causes llarnl to be done by any person u statutory offense; and the act 0i this province provillfifl (1922 (Ill-D. 1) "No person shall operate a motor vehicle on any public highway recklessly or ‘negligently or so as to endanger tile life or tile limbs of ally person." Anyone who dis- plays either one of those provis- ions the Provincial Statute or the Criminal Code is breaking the law nlld is rendering himself or herself liable ill the event of (lentil being t caused by the operation of the ear lll their hands. Before l take up particularly tho consideration of negligence and its ntfoct or operating a cur when the life of a human being is taken l would like to call your attention shortly to the question which has already been covered by the Crown and by the defense, of the condition of the accused so far as they collie under the light that is set upon them from the evidence ill this Court. Peters, one of the accused was the driver of the car on all the expeditions of that 17th day of July last. it was his wife's car and he was in charge of it. But tho evidence shows that on return- ing on the inst occasion from the Riverside Races toward Charlotte- nltloy, Bishop Colldy rector of_tllo [Diocese would visit the vnrlollll Parishes on the island front the 22nd Juttc to 5th .llily next. Venerable Archdeacon '\Vlttsolt. oi‘ Halifax was illvitcd to address the Marcll nleetillgs Dll DluClJBilll Finances. 0- 99‘ Roughness l lnfiammationl " ‘ And Chopping of the akin are quickly healed by MacKINNOISPS ‘ , WITCH HAZEL CREAM A delightful soothing effect follow: the first nnllllillllim‘ 7. Funeral from. is late residence. Ill llil 5i Oath- nl. ll o'clock for 8t; 927, ‘Adolinfiboiilo. awry belov- fl wife of Capt. llltnlnuol Gallant. f Palmar noun‘. 1nd 8'! vow. Ql‘ his rouidnlloe no Kant < town, some miles out from River- side, Peters turned over the driv- PRICE 35C PER ‘OTTLE The illg of the car to McCoubrey. And McCoubrey who wanton the wit- Drugglsts g _ .. ,. ‘ m ‘I’; bum-tarsus M’ 33 ‘ s. n. biaclEAN ‘ s‘... . cinnamon . :ltlref..nras. ... t., at 8.45 to Railway thence; b7 ruin to ‘finish.’ ‘man Vi: committing an uninwfd has: stand says that “Peter-Twas all in". l-le explained that be (Peters) was tired ut. McCow, brey testified that b liked to dr ve and that Peters asked him to be the wheel, and from thartima to the disastrous end McCoubrey was at the wheel. John Bradley swore that Peters said the car belonged to him (Peters) and that he was very drunk and could not run the car and gave it to McCoubrey and he (McCoubrey) made a mistake. Now which over version you ac- cept McCoubrey assumed the res- ponsibility of operating the car when he took the driver's seat. He came under the same liability to Roberts and to Youland. those pas- sengers in the back abut under ex- actly the samc llabillty——as Peters bore. He had had vary little ex- perience, and h: had no license. His act of driving the car was therefore absolutely unlawful. ' l will tell you tilts, gentlemen, fur- ther, that while McCoubrey assum- ctl that responsibility, if you ac- cept the evidence given as true and that is entirely for you to de eide, McCoubrey took upon llim- self all the responsibility of operat- ing that car. What then of Peters? Peters also remained responsible. He never was freed from responsibil- ity. lie took those men out, he was in charge of the car from the beginning and his responsibility to do ills duty towanl those pas- sengers remained until the end. There is evidence he was "all in," cal condition that he had returned front the war and had been pro- nounced a case of total disability. alld was receiving all allowance, as for total disability now such a mall should never be ill charge of a car if that were all true, nor oi‘ any other instrument, requiring promptness, and competence to handle it. However the evidence goes on to show that this mall Peters who was in the front seat when they got to the wharf saw the danger and was able to jump out of the car before it wellt over. No evidence of great incapacity surely, nor was his conduct at the races evidence of a very feeble mall who might have become not only incapacitated but unconscious for that alone would justify giving up ills cilarge of the car complete- ly to another. At tie races to which those pals- sengers all went Peters was the one wlln seemed to be at home. He was dancing there. lie was des- crilletl time and again by the wit- llesses as a dancer of some special merit. He did not show himself an incapable person in that re- gard, nor at the other end of the journey, when. he saved his owll life and let all the rest go over ill the car did be show any great ill- capallillty. The plea of incapacity then on his part that he gave up the charge of the car because he was no longer fit or able to handle 'it himself is one to which you gen- tlemen can weigh and measure and give proper value. You kllow just what it is worth. You see this mall the most active of them all. ' As fo the condition oi‘ intoxica- tion by the person ill charge when the oar went over the wharf, that point, gentlctnell you will (lccide under the one point. of whether the driver was intoxicated at the time the event. occurred. l nee not. take your mind back again over the wearil-lome round of that morning; when those two men landed in Soulhport about two o'clock. For over two' hours, we have no account attempted to be given of what they were doing then they appeal‘ going about from house to house llsing such langu- age ns you have heard, knocked at the doors alarming the people. What were they looking for? What was their condition’! You can easily understand how they might be seeking uid. Alton Burke, a mail who spoke with great care and with obvious good feeling says that what they asking for was to get ill and he warmed and fed, and that. Peters seemed to be unaware of the llrolmting oi‘ the two mcll.‘ that he talked about them having landed; about one of them being up town and the other one whom llo bad taken out of the water and all those stories. Taking their condi- tioll generally upon that occasion, what do you find? gentlemen. Do you find the evidence of sober men, fucctl with an awful catastro- pllc seeking to get relief and aid, or do you filld them behaving the violence of their language, the llll- certainty ot’ their quest, the inabil- ity nf the people to understand what they were seeking. their fear from what they said and did to lci them in tu tell their story; from sii that. you, gentlemen, can mun er better fur than I a probable op- illioll as to what their condition was. of. the accused or either of them that the death of those two meal was caused by theract of the w, cubed or by either one of thenr than you will consider whether or not that person was guilty o! breaking the law, whether he was doing a lawful act, and if so he or they coming within this definition is or are guilty. The present charge then in- volves two lnain questions, first, were the deaths caused by the act and which one; the second point il shortly whether the deaths were the result of an unlawful act or the want of durprecaution and care on the part of the accused or eith- er of them. l charge you, gentlemen, that if you find that‘ the deaths were caused by either of them, than the burden io-cast upon them or upon’- the person responsible for the deaths to show that he or they used reasonable or proper care. You will ask yourselves “Who caused the deaths? were they caused by the accused or by either of them?" if the answer is Yes by the lawiessdrivillg of the car over the end of the wharf, then it is upon the prisoners—or the one who has caused the deaths if yoll find it is only one~to show that he or they used due or proper care. it is not too much to ex- pect, if a. person caused the death of another that ill order to escape the consequences of his set he should be called upon‘ to prove, that the death was an accidental one that no want of due care could be attributed to him. The fact of taking a man's life. creates a presumption of lawlessness which must he removed, either by the circumstances as they appear by the evidence offered by the Crown or by the evidence offered 0n the part of the accused. It is a pol- icy of the law to impose a crimin- al responsibility if proper precau- tions are not taken, and reaaon~ able care exercised to avoid dang- er to human life. lf a person is guilty of negligence and death re- sults therefrom he is guilty of man- slaughter. lf by an unlawful act he causes the death of another he is guilty of manslaughter. ii’ you find that the accused did cause the deaths either by an un- lawful act or by want of reason- able and proper care. you will find a verdict of guilty in respect of each defendant. If you find that one only of’ them caused the deaths either by an unlawful act or by want of reasonable and proper care you will find a verdict of guilty against that defendant and not guilty as to the other. If you find that the defendants did not cause the deaths either by all unlawful act or by want of reasonable and proper care you will find a. verdict of not guilty as to both the ac- cused. Throughout, ill the consideration of the evidence, you will have re- gard to this. that you are trying two men and not one, and th' each one is entitled to be viewed and considered ill the trial individ- ually, ln regard to the charges against him. l do not kllow tile). there is much PAGE rattan more BRUISES a. bum "‘ mines, ‘ ‘other m?” nklnpwfth "v m!‘ Quickly soothes and cola. Takes any tho hurt. - - Looklor fho Trude Mark "Vanlhu" l: In your protection Chesebrough Mfg. Co“ Connkl 5320 Chaim; Avenue MONTREA]. Vasclin l=; ‘IRAQI Ill PETROLEUM JELLY celve due consideration. lt is a right which a‘ jury has and it is the right of the Court ill such u cue to give it proper and full consid- oration." The sentence of the prisoners wlll be announced Friday morning al eleven o'clock. The case of the King vs. Wm. Zllunn was then called. Dr. S. R. Jenkins testified he had examined Mulln and that there was not lnucll improvement. in his condit- ion. l-ie would be unable to up- pcar in Court for trial not oven within the next two or three days. A motion was then laid before the Court for postponement of the trial until the llext term. Tile ‘mo- tioll was granted. Livestock Report (Canadian Preu) ' .\i0NTRl~I.-\L. Jan. 26. —l)olnin- loll live stock branch with but 28 cattle, 26 sheep and ialnbs. 343 hogs and 25 calves on the two markets this morning, there was no change in prices. The cattle were poor quality and common _ cows were quoted from 3.50 to 4.50 and ordinary quality suckers calves from 10.00 to 10.76 with some bet- ter ones at 11.00. Hogs were most- ly 12.00 for thick smooths with u 2.00 premium per hog on selects and a 50 cent per cwt on shops or $12.00 flat which was considered practically same price. Packers were offering steady prices for hogs delivered tiris weekend and were willing to contract- for next ivlolldays ilogs at the same figure. Sows werequoted at 10.00. <w+o0+o4+ooo4++++0o+o++~ more in which l can help you. if in the consideration oi’ the cause 0f death you have ally reasonable doubt as to whether the accused or either of them caused the (loathe, you will give them the benefit of that doubt. But‘if you find that the deaths were caused by one or both, then in respect. to they are bound to satisfy you that they used due and reasonable care to avoid the disaster which took place. You will put the question to yourselves then when you come to that stage. Did the accuse-i use due and proper care to avoid this disaster? Were they acting in pursuance of the hm and not contrary t0 the prlrisillls of the law when it occur ed. If you ind that liar-I were using do; cure and that ., W81" nol “Clllil: rtrltrsry t1 the provisions n.‘ lilo law then the, are entltl-id to your verdict of either of them. Otherwise your verdict will be in accordance with the conditions which have been laid down. That is unless they establish ill your minds that they used reasonable and proper (ware and that they were tint colttravelllllg the statute by tile act which they committed, then your verdict will be guilty. The jury having returned at 2.30 with a verdict. of guilty but with a strong recnlllnletltlafion for mercy ills Lordship said ill discharging them: ‘ the one or both, who are guilty, l p QUEEN ; HOTEL Since taking over this Hotel we have lpflli ml"? thousands of dollars in repairs and improvements. It in now the flnut Hotel of its clan In the Maritime Prov- » lncea. It appeals to than WHO want n comfortlbll Hotel and nplondld table and excellent service at a moder- ate price. Rates from $3.00 to $4.00 per day. _ _ Charlottetown Hotel 00., Ltd. Proprietor: MISS L. lVleQUAlD, Manager o 1 O U EIEN HOTEL W. ‘ll. Nlekerson, ‘Montreal; Wln- llleblanc, Amherst; W. G. Gonsau- lus. Washington. D. C.; l-l. V» IRllY- lnolld, Halifax; E. A. Yarvey, Wind- sor; M. J. Mclvor, Kilfkora; '8. A. Hurst, lialifax. "0ll behalf of the Court, l wig). ill Oxilress to you my appreciation of the constant attention which you have given to the bearing on this case. and to say that your rc- conllnendation as to mercy will re- ll‘ you find intoxication to be the cnuse of this 8CClLlBllf-—-llli0Xl- cation by the driver, you have evi- dence there upon which that find- iltg might be made; but if you do not find it so you have still to meet the case of the other law-less acts-Abe driving without proper authority. Then we come lastly to negli- gence, I will charge you shortly upon that. Where a statute is passed obviously to protect the public from danger of bodily ill- jury, it forbids for that purpose the doing of a certain-act. That Act if done contrary to the statute is such all unlawful act as is con- tilat act a person is killed: the duer thereof is quietly of culpable manslaughter. it makes no dif- farence if the statute is a Provin- cial Statute. It might be a law oithar of tho Dominion or of the local legislature. lf it is lntn vlru. To drive a motor vehicle while in- toxicated or to operate one at I ed by tho Act is such an unlawful act. And if while doing so a not-non causes the death of anotbor it is culpable homicide, though oth- erwise no negligence might b0 provon against him. lt may be that no negligence is proven but the mere fact that tbl lot-when he coiled the dootb- of aitotlmi- makes film nutty of man- slaughter. if you are satisfied templatod by the section and if by v homicide and culpable homicide is. greater rate of speed than '~ "low ‘ t When the l w? ~ Cough llucllrs’ couch MIXTURE . AT ONCE- lt will nootllo tho cough quickly, looun tho sticky germ-laden phlegm that ofton clog: tin alr plunges. it unulno no "mo" and ll good for any ooulh for any member of the flmiiy. , u» AND m aortas llllfll“ Lllfltll 1i ». Chfldren l ‘l v A ' vlofi nix -so'r' :'i.' " " I Dan. A. Macaulay. 8t. John; in. “ Hodge. Toronto! 4!. ll. Temple oft, Qty; John B, Sinclair, i! - DOC OQ§OOOOOOQQ+OQ~OOOO O0 Q t, vlclolllll = litlTEl. Ono of the llrpolt and but equipped Home In Enttrn Canada. Oonfllnu 1l0 rooms, 44 of which have private baths. Complotliy renovated In the put tow yarn. Pow Home throughout Manda and tho United Stltll have its splendid tabla. Cour-haul urvlco to all Guests. ‘hi0- phottoo In rooms. “can 04.00 to 05.00 ,por Charlottetown Hotel 00., Lilli. " rroprlmn nanny c. IIOWII, ma rum"; n. c. om, , .' Molfonzidllillvfoiv In P old": W. Cheater S. Mclfura, City A c. lamb. n. T. Taylor. ‘Iubatn ' Jelly. ' i.‘ z ’ tannin-- ‘- ~~w¢€l¢ in»: