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'1'>aa'ue'& 36 inches wide ul Baronet Sa- wide, `regular ale, $3.19 yr]. ery ne nish on sale Satur- . . . $1.39 yd. ing, `$1.39 yd; tney ulu nut uu au. V The defendant also alleged that it was agreed that the wood be mea- : sured in the car. Defendant did not : suffer because the wood was measur- . ed out of the car. because after the ` {journey from Algonquin Park the . ` wood was necessarily shaken down A and would t closely, whereas when ' it was re-piled and measured the de- fendant would benet. V McConkey Took On Too Much I was not impressed with the re- .|liability of defendant in his evidence ]:zeneral1,v throughout. He is a keen, ;|shrewd business man andnot afraid ; to color the evidence to his own ad- , vantage. Where there is a conict . between the evidence of the plain- I 7 "No. 13 won the Primary the last two _.--_._.......I'l-- uuv\`IIn1)'9 ~n-nun, LVU. 10 WUH uuc LIIIIIGLJ mu. Liauv v iyears. This supposedly unlucky num- iber proved pretty kind to the Cam- yeronians at Brampton, 13 being their .ta1ly in 4 out of their 5 victories. I rm... 1ur........ 1'J.m+m- `Mnmnvinl T1-n- many 11] 5 uuu UL uuzu. u vu.uv...-.4... The Moses- Hunter Memorial Tro-I phy which was brought home by the Cameron men is a very handsome cup. It has been competed for only three years and has been twice won by Barrie. `After being on exhibition for a short time it will be returned to Brampton, as it is not a challenge trophy. tiifs witnesses and the defendant, 1* have no hesitation in saying I believe the evidence of plaintiffs witnesses. In my opinion the defendant had too many municipalities to ship wood to all at the same time, and the conse- quence was that he was unable to V `carry out all that he had undertaken. , ___:.I._..,... .L1....; L1... the cost. ' fendant should not be paid for same. L ' `1406% cords, which at $6.75 cord I I-(QLLJ R vuv you. ...-~.- , I nd upon the evidence that the '5 actual quantity of wood receivedat 11 Barrie,by plaintiffs according to their measurements amounted to 1.132% 1 cords, and the amount received by Hodson from defendant on plaintiffs I 2 account was 274 1, cords. This does ` not include the cords culled and re- jected in the first winter, upon which plaintiffs could only realize $5.00 a cord and which price was barely 1 sufficient to pay freight and handling 4 and delivery at Barrie. The price `. at which plaintiffs were selling the 1 wood to the citizens was $11.25 per j cord and that sum barely _ covered ~ I find, therefore, that de. ] Mc Conkey Was Overpaid I nd that defendant was entitled to payment at the contract price for 1132374, cords and 274% cords, being would amount to $9,495.57. The amount received by him was $11,- 547.54. Defendant was, therefore, overpaid the sum of $2,051.97, and the plaintiffs are, therefore, entitled to a refund of same by him. ur _'_`I:J.!L:-.. J... J.'L.'.. T Tnnsrn n1-u-oordti UNION BANK OF CANADA to a reIunu 01 same uy mm. ``In addition to this, I have already found the plaintiffs entitled to re- cover from the defendant the sum of $547.75 as damages arising out of] failure of defendant to furnish all the wood required by "contract and supplied by plaintiffs in the Hodson I transaction. umI.- _.l..:...L:t!.. .....-. J-'lnn~nn-Pnrn A11- tfallsaculull. , The plaintiffs are, therefore, en- titled to judgment for the amount of their claim, $2599.72,. and interest at 5%tf'rom' at least the date of is- suing the writ herein. with costs. -1-g__- __ _!-_...-.......`l ! |u3u1u5 Univ u...u ...... --, ..---_ -_..,-. The counter claim is dismissed' . with costs. The ambo!1r9.Tri0 With MME. LUCIA DE MUNCK, B-e1'gian Pamaqonm `AT GRAND OPERA HOUSE, BARRIE Under the Auspices Women Teachers Association Plan open at Ma1comson s Office Saturday morning, Feb. 24.? Positively no seats reserved by telephone. seats; $1.50, $1.00, 75:; Barrie Branch and Safety Deposit Boxes Thornton Branch - - - - Cookltown Branch - - $2,000,000 MISSING! ALICE BRADY New York reviewers spea} in terms of the highest praise of this triumphant success, which has been a source of ` delight to thousands. The worst case of double-Crossing. ever heard of. 'uesday, Feb. 27, 1923 fares. Here Vs the most exciting-crook-thriller ever lmed. Greatest of all the Boston Blackie romances. Tickets obtziiried f}om members. `Missing Millions No. 7 WEIIHESIIAY-TIIIIRSIIAY and two English thieves, in J..'! .;I_E_ Cash and Credit A person without money or property usually has little credit, even if his integrity is well known. Credit is based on capital, and capital is the result of saving. Credit is not a gift; ,_it is a- growth. Itcomes through earnest effort long continued. Some day y_o will need it. Saving is the rst step to good credit. 91 Lace-Trim- res in sizes ., at a price anufactur-r . . 39 each "Double your Savings; 1! CAN be Done." W. H. KENNEDY S RINK BEST AT THE BRADFORD BONSPIEL Hunter Kennedy s rink took the Primary prizes (four coat sweaters) at Bradford bonspiel last week, while the Consolation prizes ` (four fern stands) fell to DrLN. W. Rogers of- Stroud. Twelve rinks competed, on- ly those failing to win a game in the Primary being allowed to compete in the Consolation. I, _-__.,3-.A.__I - Y1 b The winning rink consisted of H. E. Jory, A.-G. Habbick, G. H. Beelby and W: H. Kennedy. Fred Allan of Churchill was runner-up. ' L _.. ..u 9 A Thistle quartette, consisting `of L. O. Vair, G. S. Webb, D. W. Len- nox and W. '1`. Stewart (skip), also competed. After beating Binns of Newmarket by 6 and Bronghton of the Canal Town by 9, they lost to Fred Allan by 6. They were one up with two ends to play but the Churchill chaps got a 5 end which cinched the game for them. I HART HOUSE PLAYERS COMING Next Thursday, Feb. 22, the Little Theatre Players from Hart House, Toronto, will present the delightful comedy, The Romantic Age, in the Barrie opera house, under the aus- pices of the Kiwanis Club of Barrie. This will be a great dramatic treat and should draw a large attendance. Many highly appreciative .crit- icisms have been given of this pro- duction. A fanciful comedy well presented by clever actors, says `the Toronto Globe. R. J . Alber, well known in Barrie in connection with the Chautauqua; speaks of it as a most difficult comedy well executed." It will be distinctly worth seeing. Owing to the large amount of sick- ness in the congregation, the annual meeting of the Congregational Church, which was to have been held on Feb. 8, has been postponed until Mar. 1. at: n-yo--up, uuuuuuuuoyu H: J. Thompson, Manager [sows - A. Leslie: OM89? an uu . --v--F-.--., uuuwuvdviru - 1'. McMillan, Manager section 2 PAGES 9 TO 16 quality blank- e with either orders, one of cials for the er pair $Z.89[ 5, $2.39 PR. +1` "Price ., {nan gav shelter to B ade a_meal of Eve 350 ensive plumes he had ad for l}is wife. -\ , but hats that nd Paris styles. s,` 172- were in et an exclusive ice. Buy your g's_g>1NA. AT 100 1ley_ Collar PRICE A LOAF At the anniversary services of St.` Andrew's Presbyterian Church, Sun-I day, Feb. 18, Rev. Robt._Pog'ue of` St. Paul's Church, Peterboro, will preach in the morning on The Ideal Church, while his evening. subject V will be The "Waiting Christ. _ The Music The following music will be ren- dered under the direction of Edmund . Hardy, Mus. Bac., F.T.C.M., the or- ganist and choirmaster. Morning-- Opening .Voluntary--Sextette from 1 ..,.:.. ' , ` Dnnizetti goods "must not be laid aside for any particular customer in advance of this sale. A $_*.:_:gUv'.-,EA'g:3~ 4225 eons: \s.....ye.. -. . ---- DHU uuru 0 . . o u . _- . . . Miss Mary McCallum Organ O"ertory---Toccata .Blakeley Anthem-How Lovely Are the Mes- .___!l `I'nnrIn1aun11n I 55v vs any v V- l.'I.ll UIICIII sengers . . . . . T . . Mendelssohn " Evening-- _ Opening Vo1untary- . , (a) Narcissus .. .. .. .. Nevin . (b) Barcarolle .. .. Offenbach ` Sentence--Saviour, Hear" Us --Edmund Hardy M Solo-Sun of My Soul . . F. Hope - Miss Marguerite Gray. Organ O`ertory-Crad1e Song -Frederick Lacey Anthem-Hymn to the Trinity L --Rachm'aninoff Duet-In Heavenly Love Abiding _ ---W_m. Pontius L ___.._' Upemng .V01unua1'y--uc2wcwc nu... Lucia ..' .. . Donizetti Solo--I Will Dw11i{1 the House ofi the'Lord .. .. .. .. ..Evil1el g_,_ It_.... ll--iI..w. -1 '7 III: A Vnluavnw Miss Sadie` Bremnr, Harry Shannon . ST. ANDRE/'S ANNIVERSARY INVITED 1-`on FOURTH YEAR The February officiaf board, after expressing appreciation of the ser- vices of Rev. E. T. Douglas and of the growth of the church, gave him a unanimous invitatiqnto remain at Central Church for the fourth year; ,-__'l-.1'_...J &`nn ':VI, \JBllb.l.'u \Ju.ua.\.u va. ....., _-_._ _,, _, Mr. Douglas acknowledged the in- vitation with gratitude and he trust- ed that there wou1d'be the hartjest co-operation of the officials m a grand spiritual effort during the re- maining-three months of this confer- ence year. c . -::1:ca....... hour mnmlsers were re- ence year. Fifteen new members were ceived the first Sunday in February. which make a total of 69` received since last Easter. s Goods, 36 to es up to`$2.50 ; Sale, 59 yd. 2 and .54-inch d colors, while . . . _.__ 99_c gayd COMING! 2 KIWANIS CLUB or BARRIE --Your horse's teh tion regularly. ` &`SR.?'22 From Ha'rt House, Toronto in the Fanciful Comedy The Romantic _ A8.e . ... e By A. X. Milne e A Comedy in Three Acts Not a Moving Picture Little Theatre _ "'?Y.F. __ under auspices of A OPERA HOUSE lo` 1:;5"am;IeT . Sale $1.98 rAction that vtrhizzes-- Romance that` ames-_- Drama that thunders- a Suspense (that chpkes-- (. A.` Supi-Weslem V- in a byitself. T ` arrymCareY gm,-y fgy Eugene Manloye Rhodes AT LAST- 1- . I. 3 _. -_ Au: tutu fn I'll Idrlni 5 _ A Western big enough to run in the great Capitol Theatre, Broadway, New York, and outgross all competition for blocks. __..n av. ---V -__._. need atten- 7c 5.. surs UNDER TRAIN wmi FATAL RESULT Fall on Icy Track causes Death of Conductor ` Robt. Legear. at little cost, t. A variety- les, including lines. e, Half Price l e are showing le House 3nd` Conductor Robert Legear of Al- landale was fatally injured, Monday, when he slipped under his train. and was so severely injured that death ensued in a few hours. _ _-5,I___L __--__._.._.l -1...--L sat! SIIBUCU Ill 5 LEW Jlvuawu The accident occurred about sev-|: -an miles north of Gravenhurst anda: close to South Falls siding, at 1.10 1 a.m. It is stated that the train: southbound and made up of forty- 1 ve freight cars and two engines,l: stalled on the grade. Conductor Le'- ` gear left his caboose to ascertain the delay. After pulling a draw-bar on one of the cars, the first half of the train proceeded to the siding. It is supposed the accident occurred in the , conductor s endeavor to scale the` wall of frozen snow, which is quite! deep,iand that in so doing he lost hisi foothold and slid back beneath the.` moving train, with the result that, both legs were severed above the knees. l ,A._L_.` LL_L ...r.... at 1\:n J-an-in` . 1, It is stated that none of his train 1 crew witnessed the accident. As soon _ as it was discovered, Mr. Legear was j quickly removed to Gravenhurst, 1. where he was given rst aid by Dr. Grant. and thence was taken by spec- : ial train to`Orillia hospital, death oc- in curring at 5.30 a.m. 3 The Funeral I -T Thefuneral was held Wednesday ` lafternoon from the family residence, .125 Burton Ave., to St. Paul's Ceme-1 tery, Innisl. The mourners and the; casket were taken on a special train, owing to the roads_ beingimpassable`, with.snow. Rev. Roy Melville of St.i George's Anglican Church" conducted` the services at the house and grave.; The pall-bearers were` six members ;. `of the local militia unit. There were ` -many floral tributes,~ including. wreaths from the Order of Railway; Conductors, B. of R. T. and B. of L.| 5 r`. on 11.. Friends and relatives from out-of- town who attended the funeral `were: `A. H. Modler, Montreal; J. Barrer, 1 Toronto; Mr. and Mrs. J. Teskey, B. Teskey, J. Teskey, Norman Teskey and Miss V. Teskey, and Mr. and Mrs. Ronald Dunlop, Orillia. ` Saw Much `Military Service Mr. Legear. who was 36 years old,` was born in Rathkeele, Co. Limerick, I Ireland. When 16 `years of age, he joined the Royal Inniskillen Fusiliers and saw service in Malta and China. In 1910 he returned to Ireland and received a discharge from his regi- ment. A fewiimonths later he came to Canada and started in the employ of the G.T.R. on this division. He was then a Reservist and when war; was declared in 1914 he received an order to report for service on Aug. 4. can .._....u ....... ..., ....m mm mm." . Order to report 101' 5l:.l.'Vu;c Uu nus. -x. ' He served overseas until 1916, when . he returned to Canada with the rank. of. sergeant-major. 17..-... 1..:.. .....+m-n Mr T.p_m:_ar was: OI. sergeaxu.-xxmguz. Il ..Upon his return, Mr. Legear was'l married to Miss Anna M. Modler at Montreal. He again. entered the em- ploy of the G.T.R. and two years ago ;` was promoted from brakeman to con- [ ductor. Besides his wife and ve; small childre , Mr. Legear is surviv-` ed by his mo her, one brother 'and_ four sisters in Ireland and one bro- ther, Joseph, in Allandale. p - Mr. Legear had an excellent re- cord with thelrailway and enjoyed i the respect of his fellow-workers and other citizens, all of whom sympath- . ize very deeply with the widow and _ young family and other relatives so! I suddenly and sorely bereaved. ` -We have a few used. organs and phonographs for quick sale at your own prices. Keenan & Kennedy. 7c % Cast 1'1'1cl`udes--' "11'o'XH' MBEERY TULLY MARSHALL VOLA-VALE L . HELEN GILMORE Bramley C011 - 1 designs and ave11er s sam- -, ur choice 69 Matingzemsafurdiay nu. . gm. FIRST FOR CAMERON AT BRAMP'l`_ON >s1>n=.L [Wins Primary and Hunter` Trophy that Kennedy Had in 1922: Ziul. Lltullnyuvnn Inn-\n v...-..... C UV`-`lJ`Vhuu "J - UV` _ ____ ii W. Hunter Kennedy, with the nal payment was to be made on 9, same rink which captured the Bramp- measurement on the cars by the 341:0}! trophy `last year, went out in the Town inspector, 3 third game The Other. members of The question of. shipment was at his rink were H. E. Jory, Alex. Hab- first left with the Town, who were to 1 bick and S. Meredith. After beating arrange for cars, but later Macon- I Atkinson of High Park 14 to 10 and key agreed` to look after the trans- -` L8Ve11e Of B1'8mPt0T1 16 t0 9. thY,portation. In his claim he alleged 1 {Were defeated by ReV- J- A3 C1`8n- ;that there were not sufficient cars at 'I5t0!1 Of Kew Beach. 12 to 9- MI'- `his disposal to make the proper ship- "Cranston skipped The Sky Pilots" ments_ ' at the Barrie bonspiel. Kennedy's Defendantfs Job to Get Cars quartette were beaten in the Consol- Judge Wismery in his Judgment ation by Thauburn of Brampmv 9 stated, I nd that defendant did un- _ H \ j-_.L-1-- L- 1...}. ..-Cd-.... nun--Jur A-F 012196 Members of the Barrie Curling Club. are very effectively demonstrat- ing their skill wi the stane and be- som this season. Not content with their big clean-up at the local bon- spiel, they have gone abroadseeking ufresh honors and have met with marked success. W. H. Kennedy `captured the Primary at Bradford last week and G. 0. Cameron repeat- `ed by winning the premier honors at Brampton this week. mI..:..ou adnlm nnmnnfnd in the. rsrampton _I,n1.'.-1 wcc:-L. ' Thirty rinks competed in the Brampton curlingfest, the skips in- cluding such experts as Macauley of Southampton, Snow ofa Lakeview, `Allen of Lakeview, Douglas of Ham- ilton, Robinson of Milton, Thauburn !of Brampton and others. --- or 17 _ ,, _- _ _1-- -..:LI.. $1.... uvnvu to 7.: to '1.` - ` Cameron started out by trimming ~ gDoug'las of Hamilton 13 to 4, his op- . gponent quitting at the end_ of the itenth. Then he put Watts of Shel- ilburne out of theiway 13 to 10, and ;Downs of Brampton by 15 to 7, fol- llowing this up with a 13 to 2 victory ,over the famous Brock Macauley, Lwho was so far behind that ten ends `were -sufficient for him. 4 In the nal, the Barrie bunch ran ;up against Mr. Cr'anston s quartette, |that had disposed of the other Barrie irink. It was a battle royal all the I . , `way; both rinks putting up a remark.- j able game and drawing frequent ap- j plause from the two hundred en- :thusiasts in the-gallery. Three" times they were tied in the rst eight ends, but in the ninth Cameron pretty well ` cinched the game by counting 4. In I the next four ends, Kew Beach gotl '4, while Barrie counted 3, which left `the Kempenfeldters 3 to the good. `By ends the score was asfollows:-- i Barrie .. 1o3oo11o4oo12o-~13 ,IKew Beach .. o3o11oo1o11oo2-1oeI 1`-___`l -4 . `Finale of Brampton Bonspie|- `Twas the: March 0 the Cameron Men `l `ant: U. .U. L;a1uc1.'uu. . 5` Mr. Cranston was [assisted by three . university students, who were not pnly good with the stones but made labout the greatest sweeping aggrega- ition ever se.en on ice. Two of them are sons of MacDonald of Fort Wil- liam, one of the `crack curlers of |-Canada. ` ` ' ----._-A.!-_ ...3LL 4.1.... `Du-mnh-. '|\nn_ ' lL.I=Vv uvuuna o o v u v . . . . _ _ _ _ . - V T . - . I The wmmng curlers were Fred, Loth, Geo; D. Hubbard, C. H. Beelbyg I and G. .0. Cameron. 1 n 11-. 11_.-_...L..... ....... nun-Ia+oJ I-my fkv-an -Uanaua. In connection with the Barrie bon- spiel, it was pointed put that Rink SEl..DOM- T b _ , ' Do we igke so much delight in presenting a picture of such merit as A picture as sweeping as the league-long rollers, as strong as the forest giants thattangit. A IT'S A HEART-SIZE PHOTO DRAMA! A picture you simply MUST see, for it has so much human appeal, love, romance and adventure, you can t afford to miss it. KINDRED 01-` THE DUST CANADA; THURSDAY, FEBRUARY 15,1923 ed, generously with a real avor. te 21 Delight V . -Not an o;dinary picture-_- A FIRST NATIONAL ATTRACTION M()l|AY_fT||E_S[|AY PETEI} B. KYNE S TOWN wms CASE OVER WOOD DEAL Barrie Awarded Judgmentjfof `Full Claim Agamst ' McConkey. (Continued from page 1) swamping, a large quantity of wood not shipped and that a quantity of wood shipped was unfit for use, rm... .:...:......:.....4 nnnn-.nAn:l Hun Inn OI W000 Sruppeu was uluu, LU]. uac, The defendant contended that he did cut and tender the `full 2000 cords.of hardwood, and by way of a counter claim asked payment there for and also claimed damages for other alleged breach of contract. Aa..... AL- 'I"..-`nu Ln.-I -nvlnhan onn1;nn.. ocner uucgcu utcauu U1. \.vuuLu\-vu After the Town had made applica- tion for the privilege of obtaining fuel at Algonquin Park, they receiv- ed a tender from McConkey, dated June 13, 1918, by which he offered to cut in Algonquin Park and ship 2000 cords of four-foot sound hard- wood at $6.75 per cord, the work to be completed by Feb. 1, 1919. The in]... ...u....J-tn A-I-' akinvnnnf urns: nf judgment, nd that dertake to look after supply of cars himself and is stopped from com- i plaining now that sufficient cars were i not furnished. The defendant in his . evidence said that-he made no claim fordamages for non-supply ofvcars - until this action was brought and . that there were plenty of cars the 1 first season and that he could have 1 got enoughcars to send down the 1 wood. I am, therefore, of the op- 1 inion that his counter claim in that f respect is not well founded and j should be dismissed. ' `_ Not Up to Quality. , The main contest arises out of} the auestion of quality of wood and quantity shipped. The evidence on behalf of the plaintiffs is overwhelm- ingly in favor of the conclusion that a large percentage of the wood could not be put through an 8-inch ring. The plaintiffs could have rejected probably forty per cent. of what was shipped on that ground alone, but they did not do so. `UTVLn 1-It\:l\I'Il1l)V`l" u`n