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`EMBER 20, 1923 3 Fafa1 Motor Wreck Not Due! I to 4 Criminal Negligence I V Says Jury. I 'AcQun"rA=f_" ~ CHA_S. SAUNDERS 3. v vvucclr I Monvlhe left mighti ' .. I fhan OLA `an- A . _ . w V u v A as. \1uuu.- we of accident, Because Ivy failed to come through ! 0 Of 1`0ad in icwith a punch to score runs when they- two o clock he had men on bases, Alliston won their? accident. aftex-{second straight match of the South` tho r-2r Wi+-:.Qimnnn Tours... .1... ..m _,,,e . .. . CL uvwvnlu oulalgul, IHKLCH C Wit-15 imcoe League play-off rnnt-I Hcfnn nu D...:.J..-- `L__ _ ,. `I W u-unu uuc game. I I Frank Banting of Ivy was the star batsman of the day, with a double]! and two singles in five times up. He, also handled ten chances at 1st with out error. Caesar of Alliston, who played such a phenomenal game at Barrie, went hitless in four trips to the plate, striking out twice, once to Jennett and once to Banting. `(vnmam..a not '---- 0` the nina. Although Frank Banting singled after two were out, he was caught between '1st and 2nd by Len- nox. to nish the game. i F`:-nub D....4:..... .2 I'_-- 7 -* --..... . .. aacsvlalaloc any CUUHEBIS 111, vvul ...._u was running 102' wmteside, stole 12nd and was then in a beautiful pos- .ition to score; This be accomplished when Lennox was safe on Herman Jennett s bad throw to 1st. The next` three batsmen were out in order. Ivy! . , . I could not negotlate any counters ml tho ninu Au-l.........1. `l:I_-__1_ 1-. .. I9. Bellevivle. is visiting gave .-uuswn another counter. The winning run for` Alliston was! scored in the last of the eighth. Hat- ton ran a long distance to get White: side's y to centre, but he let the sphere drop out of his glove. Caesar, who was running for Whiteside, stole 211!` and urea {Jana ,_ _ |____-;.-4-__u 5 I I 5-.-`us. uncu nu LGCC nlm. l Herman Jennett started on thei lhill for Ivy, but an avalanche of hits `forced him to cover in the fourth [after four runs had been tallied in! {that stanza. Bill Banting, who re-I llieved Jennett, struck out Black for ithe third out. He got along very -well in the next frame, but in the! I t sixth three safe hits and an error gave Alliston another Tho v1r:~n-3 Q _ . -_ A__.- All! . .v--.4 ;vul.- ' Ambie Small was in the box for} therst three frames and he proved ' ( ,no puzzle to the Ivysluggers, they 9 securing six hits o his delivery for ; E two runs. Lennox, who went in in i Q {the fourth, was hit hard in that '; `stanza, but afterward settled awayl i ifor three innings. In the eighth he. iwas pounded for three runs and Ivy Etied the score, but he was invincible, F in the last frame, getting the first]: [three men to face him. 1` . 11--..-- 1--., - - _ il.a _-_.- ..u-.-buy y1uJ'ULl 351165 at Ill` _ltiston on Friday by a score of 7-6.; ,]The game was very close all the way` ,3through, but the winners bunched. _ {two triples and two singles combined; fiwith an error in the fourth,` four of; ,;A1liston s counters being marked up; [fin this frame. ' ,0 1____ L, 1 - ,1... ....s :.1.auu:. _ ;have m I: Ivy took their defeat in good part i that yo .;and there was not a whimper at los- f to enter ing `so -many close matches to Man-there w `ager Bergin s boys. The good sports-]' out upo: manship of Wes. Martin s team is tojthat yo: be highly commended. Ivy has metgselves w Alliston four times this year and on 31 thong-I two occasions the latterwon in over- decide : itime, another wasa tie match and in i evidence gthe fourth there ,was only one runihear 1:] ]difference. The two nines will meetiby the `lat Ivy next week. ' fsum. I: f Ivy had very poor luck with run-ffact tha ners on the paths. In the third and _5-the sittf ifourth innings the bases were loaded I remit tlc jwhenthe third man went out and in i so, I fe< [the second there were runners ongt to ch '2nd and 3rd. The losers had eleven 5 will be men left on bases, while Alliston had` next As [only four. l C 1 6A._-L,!I (V -- - ` I... -.,....,.u.;, aamaucu uy d. 1Jegear,; ,[E. Shear and A. Ferguson, trimmed; I McKerracher 24 to 11, while the rink 3 [consisting of F. Whitney, V. Knight, IA. G; Walker and S. Garside (skip) ; L}-defeated Colin Currie by 24 to 17.f 1 ` 5ALus'roN BEATS ! 1vY;g_9_RE7To6: gwinning Run Made in Eig`hth;] j Ivy Batsmen Fail in ft Pinches. ' wcu-: VVGIllETl(eiy,(Vk.. l)&nigIi$,g '. earan . arsle Slp. .i Shear was satised that they could Ibeat the Owen Sounders, so asked if i a challenge would be `accepted from! him. This wasagreed to and thei `holders of the cup set ten ends as the? ;length of the match. In the pre-! livious game the home rink had got a! zrunaway start, but in the second they; `were unable to do this and when the: !ten ends wereplayed the Allandalers 7 I Iwere up by a score of 12 to 5. In this {game the visiting players were the: same,but Shear skipped. L ` Also Hold Tudhope Cup in i Two rinks of Collingwooders vis~5I {ited Allandale on-Monday night seek- `, ing the Tudhope Trophy, but were 120 shots short of the silverware. C. ;1 }W. Poucher, assisted by J. Legear, IE. Shear and A I-'`m~mmm.. +..:....4--.1` IUCI nun lcvulucu ILUIALI in North Bay. 11 is visiting her daugh-i 'son. Col-lingwood. nders and Bessie Reid. veek-end with their par- V u -r---- ' V . l - Allandale bowlers are surely get-I ting their share of the trundling hon- j ors this year. Not satised with `taking the championship of the N012! thern Bowling League and capturing, lthe Tudhope Cup, they went out last} liweek and added another trophy toi , their list. This time it was the Cur -"I. ,lrie Cup which Peter Clark s quar-H, M tette held for part of last season. As Owen Sound carried it off from;; the Collingwood tournament this`; year, it was necessary to journey to the City of the Greys in quest of the?` mug. The trip was made on Satur- I day and after the eighty-mile ride! `the players were not in shape to do` their best. At the finishiof six- _ teen ends the score stood 22 to 9 in it [favor of Skip W. J. McLinden ofga [Owen Sound. The Allandale quar-` , I 1'tette were F. Whitney, V. Knight, :13. Shear and Q (19.-gm- 4-1..-...\ 13.1 . 3i V C [ALLANDALE BOWLERS ' 1 CAPTURE CURRIE CUP ..., uuu vuuc no puuung. (Continued on `page 3) No. 39 series at A1- ` _ v'____v`_ , , _-... V` -..-JV. ugunilgln yles Addressing. the Grand Jury this urth,` ofgmorning, His Lordship Mr. Justice g up;Mowat said; I thought you must, :have misunderstood my instructions partfthat you should not allow anything imper at f enter your minds except to find if :hes was a prima facie case made : sports- ' out upon the facts adduced. I thought team toithat you must have concerned your- has met selves with the guilt of the party and year onil thought I would be better able to won as to this when I heard the match inievidence in the civil case. Now, I nly run " hear that this has been settled res will the payment "of a certain isum`. ' In view of this and also of the :1: run- fact that we are so near the close of he third {the sittings, `I have decided not to the case to you. Had I done t so, feel sure you would have seen on;tto change your nding. The case s eleve_n;will sent to another jury at the AIIISIZOH next A:i7n: Z sncno I 16 mass P AGESI l,.....,....,;_ uuuacu vcxy 1LlCK_V. _ d they; His Lordship, on Wednesday morn- adn lthe ; ing, intimated to the Grand Jury that a ers ` _ Qhe was not very well pleased with -" thlsfvthe return of No Bill and `would e thefremit the case :to that body for fur- !ther investigation. The ground for _ ,his contention was that all the Crown 5 S`witnesseS had not appeared before seek";-`the Grand Jury and not having werelheard them they had no right tore- B. turn NA pf 71 u. as vovcn, 01), I 4B, G. Service. I j . ' C. I. ATHLETIC ASSOCIATION The B. C. I. Athletic Association recently elected officers as follows: Hon. Pres.-Principa1 Girdwood. President--Frank Foster. I ' Vice-President-H.' Partridge. ' Secy.-Treas.--J_. Reid. Form Representatives -- IA, C. Craig; 1B, E. Hogan; 1C, L. Flaher- t_v; ID, A. Scott; .2A, C. Carson; 2B, E. McKnight; 2C, Ira Reburn; 3A. `G. Foster; 3B, P. Hall; 4A, S. Tooke; 4B, Service. |9\rIUUi 3| I I-1: ed` 18. Granville St.,-wqe A alf an hour at Barrie F all` n. and did not com_e to cal attention. He faint g" off the merry-go-roundvi him dizzy. He had to be. '1 car. Poole is employed I ., V---...-u-on The Grand Jury The Grand Jury consisted of the _ following members: C. C. Begg, Coll- M ingwood; David Bell, Victoria Har- _bor; Henry Bartlett, Orillia; Wm. N. Boyd, Orilliag Norman Chantler, W. Gwillimbury; Jas. Connor, Totten- ham; Alex- H. Campbell, Stayner; W. J. Gauley, Essa; Wm. J . Jackson, Tecumseth; Jas. H. Johnston, Me- donte; Douglas McArthur, Nottawa- (foreman); Wm. Sproule, Pen- etanguishene; A. J. Sarjeant, Barrie. I --. uuu-an I ,' His Lordship - Quite properly put, Mr. Boys, but, it has no effect on j"me. I felt something had gone wrong lland that the Grand Jury had not i done what they had been told to do. _ I May Go to Attorney-General As the matter stands, McKerrow [has been discharged, and if he is to lbe tried again it will mean bringing a new case against him. There is not much question but the matter will have to be dealt with by the Attor- I ney-General. n. - - 1 Prisoner Discharged 3' ? w. A. Boys, K.C.---I submit the `case has been dealt -with, no bill `found and the prisoner duly discharg- ied. This puts an end to the charge `set out in the indictment or any less- er charge which would be included in same. A _ T ' ..--- -no uwllv UU i Assizes. ..,....., uuo pant LU you Mr. Boys, defence counsel, object- ,ed to the pronouncement of Mr. Jus- itice Mowat on the ground that this iaction could not be taken, as the p1'is~ loner had been disc-ha1';:'ed on the re- E_;tu1'n of No Bill. His Lordship _|%said that McKe1'row would be admit- Ited the .same bail as before, and fur- igther explaining his action he said Wythat all the witnesses had not been fsworn on the indictment. I Didn t Follow Instructions A.1,L.-,,:,, -v A - .... ..,.. nu... wuculcl LIIC uelenaanc is guilty or not guilty, but whether Ether-e is sufficient evidence on which ;to base a trial. If you thought so, fthen you have usurped the right of ithe Crown. Continuing, His Lord- {ship said, This is a very unusual fthing, especially in the case of a icomplication of facts. I am going to ;remit this case to you. i n/r.. D--." 1 0 Though the Grand Jury at the As- '.'sizes on Tuesday found No Bill in "gthe case of John Owen McKerrow, "ucharged with manslaughter in aon- "inectiori with the death of Samuel J. S Dunsmore, fatally injured by his ` automobile on June 17, the case may 9 ;_come up again. ! .His Lordship'Mr. Justice Mowat, }the presiding judge, was not satised lwith this return, and this morning stated that he would have the case `taken up again by the Grand Jury iat the Assizes next spring. J; Entirely new proceedings will be ilnken against McKerrow; he now "stands `discharged. The Grand Jury Hon Tuesday afternoon returned No Bill in thisucase. Immediately W. 'A. Boys, K.C., counsel for McK'er- |row, moved for the discharge of the iprisoner. This request was granted, Q 'His Lordship remarking, He may iconsider himself very lucky._ 5 T-Tic l.nm-h~ln.'.. A... \n..:__, I oi Q: 1 ..-.- .. guv LJIII1 i I am not satisfied with this re- gturn, he said. You are not con- icerned with whether the defendant; in o-nilhr A A4. .....:u-- L: I van`. us u: C)` No Bi1l." Grand Jury Finds No Bill- But Judge Is Not ' Satised. F1.ue Methodist Church I sMcKE1mowT1{m7)',- 3 MAY Bgypw TRIAL isacnon 1 AGESITOB HUG MGUIOGISI huuum School -will meet in m next; Sunday as ndergoing repairs. Sept. 30, 3 Rally D8! eld in this church. R8`?- radford will -be the SI) :11! 1.116 V uk- at core in Al ollisioiangle was th evenin egwee" .tw 3 3 Out mne o'cl0_" e %soenI ` motor _ 5 dl a `V damaged but no onI._ RE BEST SEE ited ronto. was a Fair visitor oucher. returnmg Tues- :miverszu'y of the OP -7"" vill be celebrated on 00` Rev. J. R. Patterson 61` the special preacher. 1g, the annual supper Wm tscious at Fair [erent. lac autionary measure. er is spending a week r. and Mrs..Wxn. Look- (flu Ill brua yua- Fradford McMillin arevthe guests er, S. H. Walker. Col~ 05 ..:ll kn nnlnhu-M COATS )0DS ETC. is visiting her mother 3 were three---t-wo unm- Developments may bi. News UH. . omnto. spent Sunday- rvin Brown. iber has returned from ', \Y-._sL I)--. o enili flie ,...pn12l0- --vpcu hue young` people Will support Mr. Mackie in `making this as great` a success as his" former production, The Girl in Red." ' - 39c _- ..--.- -_...5 .,v-. oocuno Burton Ave. -Methodist Church f- tieth anniversary, Sunday, Oct. 21, 11 a.m. and 7 p.m. Speaker, W.- E. Wilson of King St. _ Methodist Church. Toronto. Supper and con- cert, Monday, Oct. 22. O 39-42c The Message of the Bluebird, a Canadian light opera, will be pre- sented by` the composer, Asa Huycke. . and Gordon Mackie, assistedeby local talent. in the opera house, Oct. 31 and Nov. 1, under auspices Women's < Auxiliary of R. V. -Hospital, It is ' hoped the young people will support M1 . Manlcia in vnnI.rnn`I>I.-:. .. .........a. . Students! Attention! A fruit social and reception for students, Collier St. League, Monday evening next. You are cordially in- vited. Come and bring your friends. 'rg__,,` , A an . ...- V- van. .IJIIllIC NILUIIICII. OU"8.ll} Trinity Church Dramatic Club will present Mechanical*Jane and Mr. Bob in Trinity Parish Hall, Thurs- day and'F1-iday, Oct. 18 and 19, at 8.15 p.m. Admission: Adults 50c, children 25c. _ . 39c ......u vvaLA>UIi pxcwcuv. Remember the Welsh Male Choir concert to be held Saturday, Oct. 13, in Grand Opera House under auspic- es of the Barrie Firemen. "I'\..:...'-- r1I.--..-L n_,-.,, J In I 39-41c Afternoon tea and sale of baking in St. Andrew's schoolroom, Satur- day afternoon, Sept. 29. ' 39c Winter Myers Toronto orchestral will begin engagement at New Dreamland, Friday and Saturday this week. , 39:: Anniversary services at Holly on Sunday, Oct. 14, 2.30 and 7 p.m. Speaker, Rev. A. M. Partridge of Goldwater. 39-40c Central Methodist Church anniver- , sary services will beheld on Oct. 28 and 29. Rev. and Mrs. `J. R. Aiken- , head will be -present. 'Dnw..-.....l..... n... u1-1_I. 11-1- n1.,s,, 1 .... asav vv 509 1JLVIHsBbU1.lo Charlie Lynch of Barrie and El- wood Jennett of Ivy were the two: stars on the offensive. The former! had a double and two singles in` ve times up and the latter had the same] /on .- St., intending evi end) . . gore Another car. t(in pparently there was I on the part of the. int they collided. ly worse for th _ . . . . u ..: usuuaug ul UULH. FUHS. Two double `plays were made dur- ing the match, one by each side. Clark, Barrie left-gardener, made a good running catch in the third o F. Banting"s 'bat and, throwing to 2nd, caught McQuay off the bag. In the seventh, Bert Jennett, Ivy short-' stop, got a grounder, touched 2nd bag to get Powell, and then threw to_1st to get Livingston. ("I-m'l:.\ I'.......1. -1: n-,m:' " "` uuA11\;uo With the count 3-2 against them, ` the home team went into the last of" the ninth to tie it up. Muggsl Cooper, the first man up, came through with the unexpected when, he knocked a home-fun away out into 1 ( left eld. D. Emms and Dobson sin- I gled, but Lynch forced the former atf 31-d. L. Emms singled and lled the 1` bases but Clark did not come through E with a hit. striking out instead. `Each: team grabbed a counter in the tenth, . -. I a errors guring in both runs. to rplivn .J...-L1-- 1.1-~- ` ' ' .......u.. uuu uau \;tllg'CU' _hAispl>V.sili-on~to Zntl, but the ball wentl wide out into the eld and both run-' ner= tallied. - . 1I"AI . l an .:\.u>JuJL. ! The game was won in_ the first of] the eleventh,- when Powell made a] w"-i.'le-throw to Dobson, two runnersi scoring. Hatton walked and stole} 2nd. E. Jennett popped out to 3rd.I Bill Banting.was safe at 1st when} Twiss at 3rd mussed up his groundelyl Hatton being safe at 3rd. Barrie" made an attempt to get Hatton goin_g~ home by coaxing him off the bag with i a throw to 2nd. Powell threw the} sphere to Dobson, who had changed? his nnifinn 1-n 9m-I Inn +1.... I....n --.-..Ll . . I [less a weird exhibition ofithe great] I ldles, A. Mc:Knigh1 summer pastime," although the score , Han; hal` stayed mighty close throughout thelscott W` engafsement. The base-running Miter` the Barrie team was woefully weak; The b and splendid chances to score were5.hard `for; "thrown away by this foolishness. This I m g1ea' has been c.ha1'ac-teristic of the localsjgagement all season. I lpenetang ._I__,n :- rni .. uuuu uyavunulp A3 l'llll5l4UH S. Yesterday s match was more nor "'o:i*Uiday's -tilt in Alliston be- i tween Barrie and Alliston hangs the fate of the Felt Trophy for this sea- A son. -If the latter wins the engage-T ment, the big mug will spend the] winter in the south of thecounty. If Barrie is victorious, Ivy must de- feat Alliston at Ivy next week to knot up the League once more. Both Ivy and Barrie must win to stay ini the running; if` either loses,- the; championship is Alliston s. ` f By snatching two counters in the first of the eleventhiinnings of yester- day's South Simcoe final play-off! match here, Ivy retained a slight chance of winning the ag this year. The nal score was 6-4 in favor of Ivy; at the end of the regulation nine, innings it was a tie 3-3, and two ex-} 1 tra frames were necessary to decide the issue. IVY 6,BARRlE 4; % ELEVEN INNINGS Essa T eam Tums Table on"! Locals; 3 to 3` at End of Ninth. - ` . [ .9.!`3.`E`. .':_A...T!` had a very. succexsful t Barrie Fair, selling six nstruments. is felt for Mr. and Mrs. 2! St., whose only chiid. 'en. was seriously injured dnesday. Fumigated hool was closed Tuesday is week. for fumigation '1--_- ..- .-. nlu-vk Ant. mxnzsters were given an" COMING EVENTS _ ,.---_ --- van`. (bontinugdon page 16) 4275 comes I v _ _ 7v_--: vvc-an-tad Kenneth McCabe,` the lad injured at the Fair grounds last week when a horse bolted from the track, is making a splendid recovery. Unless `something unexpected happens, it is thought that he will be in `course of time quite all right again. gu'l"l1`em\`vvi`1;`x:<;;;.hAof the events at the` B.C.I. Field Day will represent B.C.J I. at the intercollegiate meet at `Mid- V land on'Saturday, Oct. 6, at which Barrie, Lindsay, Midland and Orillia will compete for the M. B. Tudhopey Trophy, now held by Barrie for two! years. j I I V wally, yunc vauua. . Girls Events-- Morning: Open- Slow bicycle race, three-legged race,` two-minute race. Interform-Throw- ing basketball (junior and and sen-I ior), throwing for basket (junior and IT senior). Games--Tennis tournament, basketball (Middle School vs. Upper School, junior vs. senior), Jack-be- nimble-, pass-ball. .. Afternoon: 75-yd. dash (junior and senior), 100-yards dash (junior and senior), relay race, ' soft-ball match. ' I` _ -----5---u \--aunauxb-_y[c It should be noted that every point scored by a competitor, besides count- I ll {ing for the individual championship,! also counts for the Form champion-] ship, for which there is a beautiful; trophy. There, is sure to be intense` ; rivalry between the various forms in - the big school, as, the lower gradesei : have just as much chance of carry-. ,.|ing' off the honors as the higher. M ,lEvery point made by boy or girl ; helps to swell_the total of his or her ; form. Points will be allotted as fol- 1 _ lows: 1st, 5 points; 2nd, 3 points; 1 3rd, 1 point. ' ' , ' Monday's events are as follows:-- 4 Boys Events---Morning: Shot put, I standing broad jump, hop,.step and!` jump. `Afternoon: 100-yards dash,}` 220-yards dash, 440-yards dash, oneil mile run (senior), half-mile. run (in-ii termediate), half-mile run (junior),_,t running broad jump, `running highg jump, pole vault. n,:..1..a u-.-..- 1:.-H - A I` h I .,.,.,.. W, auu gins Will Lane part. ] Kobt. McKinney, plaintis broth- I 5 Final details of the big meet were ! er, and the first witness called, resid- 5` arranged at a meeting of the execu-`es in Nottawasaga. . On Nov. 19 last`. tive of the Athletic Association held;he and his sister were going tog] on Monday evening in the school as-ichurch in Duntroon about 10.45. The; I sembly hall. It was decided that J accident occurred about 40 rods from competitors would be divided intolhis own house on the eighth line.l three classes -this year according to3Witness was driving a very quiet 1 weight instead of two as in otherihorse, sitting on right sidewith his _ , years. The different classes will beisister on his left. Mr. McKinney des-if i as follows: Senior, boys over 130cribed` condition of road where the}! ' 3"n3 ;l}"L L'`l`:,yL fo Liini 3 v v".'.`Zsl`afki2 333` not heard V _ and under. Medals for those nish- gany warning -signal before rig wasii niilf ;Zei edaSi2`3;i2?o`3ic` 3 `fid Ti`~iu`gm..sh5` 1:11eg;ttirSe1((iedi(:ih Lutroxfhy ' goes with the senior cham~ iltances shortly after. When the cars : 2 * %:::*":;~ m$:::;::c:*::`i::n::: *2z:::e::..:"a%:*;:;;::,:::2 i rgnledal as the larger. Entries _in eich `i The right gender collided with left; 1 class close tonight (Thursday). I wheel of buggy. Miss McKinney had] 1.1 `ll. ..L_.-1.-I L , ., - t Richmond Hill owlera took part in the nt at Richmond Hill yes- ng going down: F. Sharp, hlmeyer, A. Massey, sk.; ear. S. Garside, A. G. e Torohto rinks carried 05 INJUM; D soar Tnomc. WELL `pg- AThe anual Field Day of Barrie?` l!C0l1eg'iate Institute, scheduled fo1.5 Friday of this week, has been post-f5 jponed until Monday. It will be an all-day affair, starting at 10 a.m.v and] both boys and girls will take part. i Final datailc 51' +1, M... ......-.i _-.--.- $3. c. I. FlELD DAYM%;i ; A on M(LNDAY NEXT; co11eg-me Students win CoTn-f j . test for Honors in 2 ; Athletics. CIVIL ACTION ssrrusn T 5 In court this morning Mr. Justice; ,M~owat announced that the civil ac-a ition of Dunsmore v"s. _McKerrow had: ,,been settled. Settlement agreed on, I The Examiner is-informed, was $650. f l j . . v a } 1 ; boys have been practising` hard for the past two weeks and are I] in great shape for Saturday s en-Q] ggagements. They are out to defeat 2- {Penetang and the Camp team. But ` 'don t forget the girls; they are going! I , to win,_ too. I , . E f \ I Juniors (under 135 pounds)--5 lisnapback, Ballantyne; insides, R.,~ ;Wilso4n-, Giffen, R. Houghton; mid-;.~ Luck, McDougal1;'outs_ideVs,; !Mc,-Knight, M. Mayor; quarter, P.l' !Ha1l; halves, J. Hayes, L. Ga'rvin, C. (Scott, Watson; ying wing`,. G. Fos- ;ter. ` any 4 a nu ..vnLu\vn3 o"" , 6 Seniors (135 pounds andsover)--j Snapback, C. Carson; insides, Robin-} lnson, A. Clar_k; Vmiddles, J. Reid, D.` Irwin; outsides, J. Payne, R. Cowan;g quarter, F. Foster; halves, Partridge Livingston, Doyle; `ying wing, Jam-T lieson. , . , ` ' Penetavng High School. girls will: play a game of soft-ball with the 10- 3 Grey `cal girls at 1.30 o clock, Penetangfagreed `High School boys will play a rugby} 7 d \ match with the B.C.I. junior team at V idnarym Milt 2-30 o'clock, and Camp Borden sig-;'Tp_ to inallers will engage the B.C.I. senior `in -Uriel `rugby team at 4 o'clock. All threegmotor Imatches will be 'played at Agricul-:bugg.y ytural Park. gsaga 0] l The` rugby teams will likely line up 5 was th` gas follows:-'--' ' mu, A, Saturday will be a big day in local collegiate rugby circles and the. teams} `should have the support of the towns- ; `people generally. The rst matches? of the season will be played at Agri-3 cultural Park. - ` ars H1 Lalgc he entered the house of iam St., a week ago Sat- ling a quantity of jewels. although the -police know are hot. on the trail. It re three---two men "~~~|--_.........oa mnv bf =- %:;.=.';*;G.:: ?Moro " wccv, 6 l\DlITl.`D I) A Va 01 nu- 60th Year for `-60 Ieet and had been_ badly injured, 1'` 0st. iso that she is now a broken-down wo- angman. M - H and,` ' How It Happened `P ' Roht. McKinney, plaintis broth-_l ere 5 ( scu-`es last`. xeld;hVe and going tog. T ilysu-.u..ccI.u15, ucuuxu. ne W85 proceed-! ,jing parallel with the edge of" road. {Witness had no idea of speed at lwhich Bellerby s car was travelling. at time of accident. ~ I One Ear Nearly Torn Off f 1 Dr. D. `McKay, Collingwood, phys- ician who had attended Miss McKin-' ney in the hospital, described her in- M juries when he had seen her. She was suffering from _ severe shock gs 1 " at`-......._.'.-: A- _ - v - n w & V V V ll Civil III M Mr. McKinney said he had driven the Cross-examined by J. F. P. Birnie, horse with both hands. His glovesj were on=at the time. He had not! said that he was just putting them on 5 when buggy was hit. Witness de- f-clared it was his invariable custom to drive on right side of road. At this time the horse had gone along at a walk for-`a couple of rods, the ear ` proceeding, behind. He was proceed-. aim: namllnl urif-In H... .44.. .:._..-v H Mr. McKinney said that at time of {accident Mr. Bellerby had done his part, but since it had happened they had been apart. I`:-Ann ..........'..-_l L__ 1- vs 1-; -u ` V` lllIrIIDICO J gvacy `III ! I Witness had lived with his sister] for forty years. In the last ten years: her only illness had been an attack' `of measles. ' I `II__ It wr- ..,, ...... any uau uancu place. - I [sf Witness said he had not 1-{any warning-signal wasl ll;hit. The rig was on right side of! alroad. Four men had measured dis-! 1- gtances car? nslhit the buggy, I appeared to be going; alover the top of the horse, he .said.j h{The fender collided with left: buggy. t been pitched out of buggy, but wit-I - ness had not been. He had` found hisg ,,gsister lying on _road with her head; - pointing north. In the car were two it 1:ladi`es and two men, including ,:Be1lerby, who was driving. Miss Mc- , Kinney was picked up and later re- 1 ;.: moved to the hospital. She had sus- 1 . l tained no broken bones but her dress ` _iwas torn and she was badly bruised. I` I Thrown 36 Feet . i ( The distance Miss McKinney had : ' been thrown was 36 feet by measure- I } 1 ment. The horse was walking im- t mediately before buggy was hit. They_ 5 could not have gone any closer to the e .right than "they had done. Bellerby`c` I could have passed buggy in safety c either where it was or at the culvert. 1 ;There had. been no conversation with t jBellerby at all. Miss McKinney had V I been in the hospital eight weeks less gone day. l 1:7.-4...--- LAJ I!,. . ... .. . iS -vvv-vv-wusa cu-u we ucwlluaw The jury consisted of the-fo1low- ;EM.-"S: Bellerby, in Markdale. Theingz Wilbert True, Midland; Milton} -[affair took place on Nov. 19 last on;Mm-phy, Tecumseth; Mton Reyd :the eighth line. N0tt3WaSaga-i D9-l'nolds,V Beeton; J. H. Robertson, Bar-5` ':fendantT s car s.tr'uck plaintifT s bug`8`Y:rie; Wm. Toole, Midland; Jas. Mc-E :}?r::lv(in:a1:4i(::1`:$ `:m:2fJ;: 2 :23?y s*:;`::::;rJ1:;3:::`;':y 5:::;:::;: _itanC- Plintiy aC9mP_aY1i9d by 1191' A Jas. Leonard, Tecumseth; Jno.. Gil-,l 'bY`th91`; Was P1`Ce9dmg "1 3 n01`th1`-`christ, Oro; _Geo. `Kidd, Matchedash' ) Ely direction. Three or four points:-Jos_ Gosge, 0r0_ - V ] `zwere emphasized by counselto prove; Barrier Lantern Visible ' ? ZZ?df""i312nZ?? idbiif iiirii Wm Goughi who resides fff tgggtsfggshfjwbgggoggglgoiggllgg Siiiilfa W55: n3` Zi `ff 5i,3`"`${ {imam I ` - -lithat vicinity. Around two o'clock he; i It ;had gone to scene of accident. after: Robt. 91,. the car Witf: --.... ......; yuAIIy1hCUo I` if W. A. Boys, K.C., of.Barrie, and . ;w. T. Allan, K.C., of Colling'wood,;: ',acted for plaintiff, while defendant!` gwas represented by J. F. P. Birnie of I; " ' the rm of Wright, Telford & Birnie, lg 'Owen Sound. The jury empanelledfg '1 to try the case consisted of the fol-I: lowing: W. Walter Baker, Colling-E. 'wood; Wakeeld Stone, Barrie; Alex. 1 '3Gi'ay, Oro; Geo. Kent, Medonte; A..j; ' ;D. Swaffield, Tossorontio; Alex. Grin- , 1 _ ne'll,i Tiny; Wilbert Shrew, Midland; ; t :iMilton Murphy, Tecumseth; J. Ant ' ' Foucar, Tottenham; Milton Reynolds. . t :;Beeton; Jcs. Gosse, Tottenham; and,` ' "John. Gilchrist, Oro ` ` `Mn. t....;:__ Mr > v u . . . . E VuK5l4ClB WCIC Elihu nu . There is a slight out- ver in Allandale and this -- _.__ .........n.n u vlall \.I&l\.lll. Jab, LIIU. ( I. Mr. Justice Mowat, who was pre-;4 ;siding',A1'emarked that the lav'yers,f, fwith great good sense, had `come toi fan agreement. Bellerby was given; gtime to pay amount of settIement.`;I I W. A. Boys, K.C., acting for plain- ( `tiff, recited details of the case. The 3 \ Fplaintiff, Mary Jane McKinney,`resid- ; ;ed in Nottawasaga and the'defendant. EM Q 'I2nlInku .'.. 1m'..._1_J_1, mi ' V a, , . , _ _ . _ . - ~ . u - - -vu vvucu ucusuuanbsi 'fmotor car collided with plaintiff s, buggy on theeighth line of Nottawa- saga on Nov. 19 `last. The action! "was the first case brought up at the (Fall Assizes, which opened Tuesday ':afternoon at the Court House, and; ,}settleme_nt was reached before the] 1 :l'trial was completed. ; 11, A `D,..... rrn ,1-an -' _ [ . - | Milton S Bellerby of Markda1e, I ;Grey Coun y,V through his counsel,f y:9o'vnn lrn nun Q1l\El\ .'_-__1_. 1' `I Markdaler_ in Court, Agrees! to Give-Injured Woman I This Amount. I ;..uc,y uuuuby, mrougn n1s counsel,j agreed to pay $1050 including claim and costs in settlement of the suit of ;Mary Jane McKinney of Nottawasaga. jTp. recover $1600 damages for; injuries sustained when ' defendant's I imnfnr new nnnhl.-..J -..:a.`|. ,,'I I _ ___ .,v v `-59 ` qconuzed on p526 9) -DR1vi;'j_A'Ys $1030} ars At Large --_. . ..-.-avun ed the, Yesterday s trial occupied all day, !the case going to the jury at six o - andiclock. After deliberating for about`! '1 C011ing'W00d. : twenty minutes, the jury returned a! hile defendanilverdict of not guilty. The evidence Birnie adduced was practically the same as ilford given at previous hearings, with the li`y empanelled iexception of the prisoner s testimony. ted fol-Some important points in his evid-| Balier, Colling`-fencei were: That he had not'been 9, BaI`1`i;A1X-Erunning faster than 25 to 30 miles; 3, A-Ean hour (though he had admitted_35g 50; Grin-eniiles at the inquest); that he saw` lI`eW, Midlandiithe red light on the bridge; that; lmseth; ; there was no light on the barricade; 13011 that he `did not see the barrier until ottenham; and . within 4Q or 50 feet and then swerv- ; ed to the right to pass, there being an P1`- opening at that side. A packed court-1;, , lawyers, I; room followed the casevall day. v com`? to? W. S. Brewster of Brantford, Ii by g e"iCrown prosecutor, in addressing his}? f Settlement preliminary remarks to the jury, re-1 ting plain-gcited the details of the case out of H - l the The;which arose the charge of criminal!` I :Kinney, `resid- neg1ig~ence_ . ' I thedefendant? The jury thefollow-;-( arkdale. Theiing: Miltoni 0V. 0Y1Murphy, Rey- lwasaga-i Bar-9 aiY1tiS bl1g8`Y_irie; Wm. Mc- it t0 Churchlielvey, Adjala; Jos. Murray, Tecum-E 163 501719 dis-`seth; Sylvester Reynolds, InnisI;l Panied h1',Jas. Gi1- ` I in I101`th1`-`christ, Matchedash; 1' points-Jos. Gnssp nm ` .....Buu uuu uusucu car UVCIC. f 1' Regarding the marks on road, Mr. -1 Gough_thought the brakes of car had locked. Hehad seen the marks ex- tending about 100 feet west of bar- ricade. `He thought a car going 20 miles an hour could have carried the cross-piece of barricade 48 or 50 feet. . `(Continued on page 18) lvuuv auav Luulacll. I Mr. Gough said` he had notseen ;1-the lantern lit on barricade the night `before because he had gone to bed! Iearly. When he got to scene of ac-`I 'cident he had seen lantern sitting upright on road. He didn't know how it had got there; whether it had been thrown there by Saunders car or had been taken there. < ' Witness gave his theory of how : `the car had turned complete turtle. . He thought bumper of car had -hit 1 into the bottom of the ditch and the [weight had turned car over. _I 'D..........l.... LL- -- ` ` - u---adv -an-Ia IIV lll\J\IlII Did" you see thevlantern after the`! accident? witness was asked. I `saw it sitting on the road 8 or 10 lfeet from where it had been hang-3 ling, he answered. * I [Cross-examined by W. A. Boys, K. (3., Mr.` Gough said the road was per- fectly clear of vehicles and a person fcould drive with safety at 35. miles an hour. Witness had never driven tlaatfast himself. .f, II_. I`! i r > uAAvvv\?uo Luz: uuc U11 U18 1eI1:_m!gm} have been deeper than the `one on] the right. Witness gave his theoryi as to what car did when it approach-I `ed barricade and when it entered the E ditch. The lantern on barricade could be seen easily 100 rods west,` The night was very` clear _and caIm;: there was no mist and no moon. ' nr\- 1'` 3' Describing condition of car, Mr.` ilGough said it was turned over with 5 its nose pointing west. The accused was sitting on the bank and witness _;had asked him what his name was; _and where he had come from. Saun- .` '_ fders had answered that it didn t mat-2' 5ter who he was or where he came ifrom. Witness had seen the dead; Hbodies under a sheet. Going back to} _lthe car, he had seen under it the beer ,!and whiskey bottles. Wm. Thomas. 'Ihad found bottle of whiskey and had I {handed it to Gough, who had put it! gunder his coat. Saunders had said,` "`I have a bottle in the car and I am going to have another drink. Wit- [- ness wouldn't say Saunders was in-a toxicated. V .100 feet back from barri-g .'cade were marks made by wheels of `car. The grooves of two wheels lshowed. The one on the left_ mightj 1...-.- L;-_ J -- v u - a :3 van. uuxu, U1 Luv ,, ; ess describ d b . Ldl`. W11;-'o1mc0e Le; ffon its weste .darncade across road.Histon ] I: ..C1 ? s1 e were the word ]Th V osed to. trav n 3- 9 ` ); .,, _ 1c and. Det ~|" Mien, besldes a hand _ _ our to 5 tlrnough, b ;The lantern was hu Dmntmg north. jtwo iplank. The plank xng at centre 0.f With er] :;while the cr0Ss_piecev2:.hpI]1n the .road,;:A]listor;~s c :39 South Side of mad 1c had been {In fbal to 50 feet east of ws"0n mad .|lt1on. T ongmal P05` 53nd 1 ` x ' W18` -mar, 1 . . . I Charles Saunders was acquitted on I lithe charge of criminal negligence by` the jury which heard his case at the Assizes vyesterday. His prosecution _ was a sequel to the motoring accid: pent near `Crown Hill on July 28 when Ia car driven by Saunders was over- !turned into the ditch, killing J. Q. `Saunders and Miss Mary Ross, both `of Toronto. The coroner's jury found ?that the car was `travelling at an ex_- V cessiveAspeed-abut did not mention' `Saunders in its verdict. l , _ c _ . cw ES