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`,,_- I ......... a. auu H11 . VV. A. 50378, [' K.C., and Mr. G. W. Lount, counsel ; for the defendant. There were scores of witnesses in attendance, some of whom were not examined. The case occupied the attention of the-`Court for about two days and stands for argument and judgment. I The law affecting this classof. case is a little difficult to be appreciated by 3- layman. Briefly, and generally, it is `this, that nobody has the right 7 to` object to allowing a living stream, which is usually eau11ed4"`a water- course,? to come- in upon him and he cannot place a dam to shut it out. What -is known as a water-course is generally speaking a stream owing within dened banks`, where you can `trace its course and one which has an ascertainable source, such as a spring or a lake and. it should flow ,co'nstantIy or nearly so. V ' ! `Surface water`, _on other hand, _ 77---`. vv` \.aUL|U&l..|lIU IIU D6110. ` water in upon Duggau inasmuch as} it has been owing in the same way{ across their highway, and upon him] for 20 years and more. V I The case was tried by I{is Honor` Judge Wismer sitting for his Lordship Mr. Justice Teetzel, and was conduct- ed by Mr. Haughton Lenuox, K.C., for' the plaintiifs. and.` Mr. W. A. .Boys,; {K.C., Mr.' W- `for the defendant Wm-A '-M--` **** `- are -en has -ezititled to` continue AI? in sun`. 'I\__ _.._, M as L`htS . L% 2 ...:::;:::., ..::.: 5.2,. `."" Men s Boys 3-piece Suits--1` While they last . . 5 . . A few sizes?only-Su'its that have 1 ried over from `last Aseason--- -Just as when they` were passed into scocle theylast for.....a...,........ ...H: Men's 3-Vbutton single; bfeasted Sack `Suits, up- ' to-date` in style, `made from good tweeds and worsteds,' sizes 36 to 44, regular value $10.00 to %;:~;:::::*i $7.50 and $7.90 V Cnriadh. manufacturer #1 very low price. Bdys .3-piece Suits at Half Price _to send this ---av \Au 6`J\J\-` passed 1 4int:) sto-clk; While . . . . . . ..M...Half Price } Tuesda}`j.;1;n:;.`20i:}h,".1911, "Mr; J. __ .:CIin'e,`wilI;.=o,er `for sale his `house-' C` d, .fut1iitx1T}1``,V'i1;r1,_',VQ c_t,,.'at his mag ` - `S ` 993 1 8tj.,'L2._..6.; ._( L1 -- ::~"v:'`'.`'~'J "`,""l'l"".5 V.` `hue Gay` before, as 1"1 1ost`of the stores will be Vrepresentedv in the parade, and their %_ _e`m`pIoy`e`es, horses and deuvery wagons `will `consequently be engaged. .......... -w ` . V.-sugars: 1. JUL` . stores wtill- keep open in the morning of June 22nd until 12 o clock. The vresidentts. of Barrie "are asked to do Vny:n6.@aary-ehopping on the day `before, 3% 'inost"of, gtoree will $i\-Aano4L".J 1-'- L` ' For. the convenience of visitors, the _._..--- - can V CIVIL: Rev. Willard Brewing of Christ Church. (R. E.) Toronto, preached both morning and evening `on Sunday. His discourses were. instructive and ,-elevating. -- Next Sunday Rev. Horace Peckover of. Toronto will occupy the Y pulpit... - \ H--- uuv Cl IJIIDKIIJIJIU 0116. `is being prepared by the occasion, .-_.__ woo? Jll.lJ.J.1\IIJI.]-'0 I vNext Sabbath morning the subject is, `,A'P'astor s Message to his Peo- ple, and in the evenin the theme bwill be a patriotic one. pecial music is the choir for!` occasion- * ' " .__._.....-- \lluI-I13`-Ic' Special services will be held on` Coronation Day as follows; 8 a.m., Holy Communion; 10 a.m., Special VCorona`tion Service. Rev. E. F. Sal- lmion, R/ector of.E1mva1e, will oiciate. (CENTRAL METHODIST cannon] 1 ELIZABETH s1'. 1 The. pastor -will preach at both` ,services. on Sunday next. .Morning I ! r subject More Precious than Rubies 1Even ing, The Coronation. _ WIITHTHE cnukcmil co_m)NAi1'1oN Jr-7.: Would be pleased to have a call from intending purchasers of cemetery work. New Designs, New Stock. most artistic ' workmanship. I\ L Ir -- - - ` j?W0.1l1d ` mtendimr llrnhnann _`-, _.-`- -v-uvo EMU. .u.UllVUI'y `copsaquently be engaged. COLLIER 8'1`. { METHODIST. `o1r4- Q..LL-L1, CLAPPERTON STREET Rear `of Ottbn /& Son's cmusr cnimcn. PROPRIETOR _________ F. W Wolfenden GELIJRATION. gbtgdvzis II?! -1 consequently we I have a ne lot of Cockerels for sale at reasonable prices. They are- bred from good strains, such as J. F. Brown's (Canada s Royal), F. An- -drews, Geo. E. Munroe, Murdres. I also have one Cock, A. C. Hawkins, with six hens. Now is the time for .-some good bargains. Eggs in season from good pens. 12-24p now. snnunsonn, nu.` - ___-- -9.235 1.913 333350 The undersigned is offering for sale the North-halt Lot Sixteen. in- the Eighth Conces- sion ot the Townshipat Innisl. containing one hundred and ten acres. more or less. The Soil is an A-1 clay loam and is in a good state of cultivation. the fall ;l11lou%hing all having been done by single plou . his Farm is situated on the Penetang _oad. one mile south 0! Stroud and two miles from Cmigvale on the '3 T. R. -Possession given `at any time. Fun tlier particulars on application to BARCLAY BROS.. Barclay P. O. W. A. MCCON KEY. Barrie P. O. CHAS. MANEER Craigvale P. 0. S. R. BROWN. Thnrnmn D n rmcnuumtt Owner going \Vest and must sell. Modern brick house. 7 rooms. all conveniences. house in A-1 condition. 1; acres garden, -with bn_rn. Fine location. 10_ minutes walk from Fxve Points. Terms to suit the purchaser. Apply. 31 n .TA`nA'1'1.'Iun-n ` 13-tf rnornnrv ron F. MONEY TO LOAN , mums! IU LOA We have a large a.mo_unt gt money _to loan at lowest current ratesxgxtherxn small or In large amounts. on the secunty of good farm mort- es. McCARTHY. BOYS 8; MURCHISON. I unlop Street. Barrie. WHITE PLYMOUTH ROCKS. ages. mcL;Att'1`Y. 5unlop 52 Aquantity o-f prrate funds to loan at I ' PER CENT. I on easy terms of pa.yment._ _ LENNOX, 4CO_WAN 8: BROWN. Solicitors. Barrie. 44 worsteds, sizes 28 to 34.. . . . . . . . . . . .Half Price MONEY TO Loam !. a [siren on`.-......; .4: _, _ nI.IIVVo Box 211, m. mnummu Urangvale 3. BROWN. Thornton P. 0. IILI sAc11r1_cI:. .m .\1v.\'irro, and came to B`1Ti9- 19 '."L~ olvnth occurred on Friday last in hi-x with year at the residence his .~ Mrs. Dr. Bosanko,_0f` Robert H. Laird, ex-Stipendiary `M98 -' i Hf the Thunder .Bay-Di8_tr1*v and sun of the late John Lild One_ or` the oldest families of B_a1'!`i8- Lnirrl haul spent the_past eight y_68 1'.9% July in failing health.- `. V ` . _ ~ 'J'lu.- funox-al was held .on -Sunday: To l'nim1 Cemetery, the Rev. I.'G-. }50\\'i,~: 0fTi(-.i:1ting. The pti;1`l-b6_91`.9}'5_ were-: .\Iossrs. Geo. Ball, ThO8.`L8!1110Xi. M.-.1 .\I:u'r, Robt. 1ac1:,gA.. Hay; W1" SHRUBSOI-E, Cookstown, Ont. 44-ly , `IL I oiunninl. 'l'lll).\H .\`().\'- H ' ` . 115.3 ol;1| .\I.\('[)():\-"..\'LD__~h1 .lllIIn 1) II'..,,, 1 g`e this V Oro, the . for. der- arks .vu1uIILu_) , June 1UTtl1, Robert Littlv in his 67th year. .\l.\I.'l\'.\'--.-\t :38 Charlotte St., Barrie, on I-`ricluy, June 9th, William .\1:IJ'1<.~`. in his 59th year. , I .\I\l`Hn\.'rn -r -- - .U.l.n.U.' V I..\Ih I)---At Barrie, -on Friday, June nth, Mr. Robert H. Laird, late >`ti;.unlm~_v Magistrate of Thunder Hay J)is't1'i(-t, suddenly passed away nr`tur :1 few hours seriouq illness, `at rlw 1'l`.\'il](`l]('6 of his brother-_in-law, Hr. lu.s':u1k0. ' d { I.l'1"l`l.l-,`--At 43 Charlot,te St., Barri e, can .\':mn'daV, June 10th, Robert 11* ?-'1` :" !':." 0"`-' Tho HUD(:v[.\'S--At Craiglujrst, on Sun?! day, June 11th, to Mr. and Mrs. S.` 1lud,_-ins. a dau;_.;hter.- V ' "`vlI\\Yluu x\ I ,_u 1, `m-';'`` H ,,,,_.V.. -uu uwauay, June: 13th,_ to Mr. `and Mrs." Thos. Black, *M:id- hurst, a daughter. ' T L`(.)0PER--On Sunday, Jne '11t'h, to Mr. and Mrs. `J. A. Cooper, Ward VI, :1 daughter. ' ' ' ' I L`LLIO'l"I`-0n Monday, June 12th to`! i vale. 1: son. b I V -1 _\'-:n's, hell 'l'Jmmpsn11 stun Hf 1 W M... auu J.u1'5. w. Armstrong, Mulcaster St., a son. ' BJLLINGSLEY-.--At the Royal Vic-i toria Hospital, Barrie, on Tuesday, June 13th, to Mr, and Mrs. J. E. Billingsley, a. son. , _` - BLA(JK-On Tuesday, June: 13th, A,\[1', and M'nn ml.-- T|`A - ` ""' ` The Sons of England will attend St. George s `Church -on Sunday next, when the Rev. Cano11`Mu_rphy, B.A., Rector, will conduct a special Corona- tion Service. The order of the ser- viee,vvilI be as follows: Hymn . 546, Morning Prayer, Collects, Anthems, Prayers for King and Queen, Corona- tion Hymn, Sermon, Oiertory, `Clos- ing; Prayer and Benediction, `National ' Anthem. , ` e BORN. AR.\IS l`RONG--On Tuesday, to Mr. and -`Mrs. W, A Wlnlnnnt.-... Q4. _ G07- una IDVUL `.'l(T).\I"I h`( )N:--At the Royal Victciiial Hm.-ynit.-1!, Barrie, on Friday, June 5!, to Rev. J. E. and Mrs. Thomp- cars left the track nearj-Calling vuv Uiauu '_[`rnn'k recently, s.ta1."te-dvjfor Toronto. on Tuesday, w`b.'ere- tl1'ey:ex1pect `to `brake on the C'.P.R. [ { On Friday afternoo a few? freight wood. M1`. Cap. $ tVorey,_"on6 of `the brakemen was thrown from the"t3op of one of the box cars and had his face badly bruised. -...__..u-pvt ' .I.as. Grant and A Geo. Dickson, who left the employ of the Grand Trnn-k started for Toronto t11'ey__exypect'to . . `, :1 . 1'4: `Ht*IIh.'Hll. Mon Wednegday night t1'1e e1`1.gine'-on`; Penetang tram No. 27 thre fwone of its driving wheels near Perkinseld ahd* was delayed while another engingwas sent out from Allandale.- 1 About 2 o olockjI_il'ast. 5;" _'.[`I_)I|'1i1 afternoon, yard engine No.`1060 the rails- near th'e 'Ess a,s t1r.66_t`c1 jug and it yook two hoursvf'tor_ep her. `*' ' V The G.:.I`.R. .b`r5' if-" from Toronto` last? gwg*51?;gtt:9 the new road` between W -av-1;. Midland. `T - 3 _ V Mr Roy Paton oof was home for his *brother s_- wedding} returned yesterday. __ g` - .}4`;._.:.;.. G.T.R. .brough'h so Tltaaiazi-tip`. Toronto last we eko-`tn w,,~,.;,. .,,;_ rE`Ii~._~x~\~5 Mrs. .Iack":WB'i E _'$?*?*g% Mr from Palmerston. -ayfAAe'1-._.ma" vi{,,$`,:- her brother." T" "7 7 ' _ , . . n 3' .`,'\` :03 Saturday " 'L`~-`"".!-.'~._v.v.- V3.71`. AIld1'9W `.Faon V . Po;-nevtang. u-all be. heir 0115. "Sir. Babb. was 23in a few days: last" Week. , if; Mr. Thomas Paton"" :]e`f1;`;~\;;;~, for a short visit in Tbrnto;f_ -qr 1-. :l______ Mr.` Harry Ga~i"ci;` in Penetang,-..`, Mr. Jae. -Brxintdnwr " Thu1'sd~ay last. _L II-sun "V ~ . 3ooooooooo9 qo`$f`*`fqi I IYII9T`-is-;qu_` . A `'_A . I .s ,, . ` ` .' .3 , - n llIun-- `a.h....-A... U.\ ;\LI)--'I11 Richmond Hill, 011" J2, Henry Macdonald, aged 37` <, })(`]() V( ([ husband of Nellie 1p.< (formerly-of Barrie), and ut the late Benjamin Mac-`f ` ~'().\'--At the Royal `-Victoria :11, Bztrrie, on Friday, JllI16 we-s Hicllard, infant ` son 01' J. 1-]. and Mrs._ Thomp's2on,. nhnm. Robt. H. Laud. Wm. Marks. .- way A from asks OBIT-UARY. -v -u avuu JULII ; Eisa street cross-7 houra`:to,r,ep1ace J `Y9 June 3131], Armstrong, 13th,_ I17 `][3.J Y 3\`.'$`*9;tra-%4!!=AT , I5, E j"JI1 '%`;3c"tn``i'n$x?ey *`$$`f Tt ` handed over to Mr. Allen himself. 1 - Several `of the witnesses celled the Ilplaintmg also had. to %1dx;1_it7thst%,-Ali` lea _ was possessedqf exce,p_ti`o_n_al activ-_ ity of mind`-and _.th,ts..this `~contjn \'1ed' to a date-far beyond vthie date`4g"Athe% making of the deed idztqu`e"stibn.s "One" of the .plainti s witnesses ~`~i1': _p`a rti=-e dclulait `gave "very impoxrtante evidsnc-9.: upon closseexaminatipn.i`,s 1j11is{,1vhs:*=1Ir; 'I`homas..Allen; `a `go? `aw so "1:-I15-"' A . `S if` s sex_re:ya.l`.,_q_iag',s.:,_`,: _ herwsi <;. 3`.b`0 r------v ,---- -go-u_ vu-ucvouv On behalf of the estate a number` of witnesses were called with the ob- ject of - showing that for... several .years Allen was incapable Aofmndemtanding bubiness matters and that the "Gra-` hams} practically handled all his money. As- to the handling_ of. the money, the evid'en_c'e merely_.,jshqwe`d__ that the--old man was in the balm of directing partiegupayizlhim money to hand it to ?rs`;.`Graham `ta be counted and to prepare a-i'ecei1 _9 t-11.cfor f I-`knn I`! .' nil!` flan`! nnp\un'n1u' mania bard VVIGJ lftj` nd" .... uuuuavu GU10 L511]! W85 lap and it is alleged that Allen then of his own free-will came to` Mrs. '[Graham and told her that he was go- ` ing to deed this farm. to her`; that he would count her services up to that time as $1,000; that helwanted her. to pay him $1,000 in cash and to take care of him and `provide for him `for the balance of his life.` This she was willing to do and accordingly they went to Alliston that afternoon. The ' Grahams had $200 on hand and bor- rowed $800 more and -they Went _to Fisher .& Bell-`s office to get the deed drawn, but a delay occurred through the a'bsen'ce of theblawyers and in the meantime Allen, as the Grahams j allege, got agood deal to drink-- 1 9710110]! `A I'I\l\lrA `L:'-- ---`--- " Mrs. Graham had kept house for Allen after his wife. died.in 1895 until `she married in 1900 and from that time on until the deed was made in September of 1904, Allen lived with the Grahams and paid nothing for board. Hephad on several occasions made the ' statement, both to Mrs. Graham herself and to ot-hers,"that he would provide well for her, but there had been nothing denite. ! _In September of1904 a tenant of a `two hundred acre farm wasrgiving it up is alleged that An... 4;... - -.....`..-u vvavuucl auu. .6118 Urlal .la3ted. for a couple of days. It was admit- ted on every hand that Thomas Allen was originally a man of very great shrewdnessand fond of money and a man unlikely, in` his senses, to be un- |duly generous. ' ' -s , ,, _ _ an action claiming to makelMrs. Gra- which was` joined `with it. Mr. Lennox, `K0,, was. counsel for the defendant, Mrs. Graham; and` also in the other Reid suit which was ham and her husband liable for some $17,000 `moneysewhich, it was alleged, Allen received during a periqde of ten or eleven years while. Mrs. `Graham was .his general assistant in money matters. a ` Thouias Allen of, the V_'I`o;wnship'_ of . Essa. Allen was quite a _wea1.thy,ma'-n age. Some .six years before, he, made avdeed: of a` property, sworn to be. worth about $12,000, to his niece, Mrs. Margaret Graham. The` main [action was to set aside this deed." It was brought by the 'administra_tor of the late Mr. Allen s estate, Mr. Reid, : "and Mr. W. A. J. Bel}, '1`{.C.,'and`Mr. , Walter `Fisher were counsel ` for `the 0 Plaintiff in this nn Hm -H~-- J1)-`. . .,,.,. -_Y`,\ ' ass- .f..9,L,i.t;:$i;e7L.1..{4aes17 e`s;_` tour only ;. ..Of. th.sza,9ae:;apswsisasxegee the recent, N on_V-{Jury Aseiz were heard" by His` Laird ticeeTd'etzel, and `the. by His Honor: Judge in" the place` of the Assi ze'Judsze. ship; "Mp Jus-A; fth was heard; Wisme'r- sitting, We mm :0 set aside` th_is<.1eed." of` '5 estate; * "A -r n_`) `fr-fa _.__ * 'f`.'J by ` Ldrd s{!1ilp'; Mr; ~ Jus-A, , and `heard; [0131 Judge 9' tVhe Assi'z e' Judge. ._v. Graham cases A I no ---'- .m..,Vc.. 1=..m. Mn. cnhm,; Cases at th e Assizs. iof Hist 1 1 wiatural tar-cgu .' a.'1`ho Township` of. Notalvfvasaga, through their solicitors Lennoj, Cow- an -S7. Brown, brought `this aojzion to acompel James` :Duggan~ to, allw the e~vfv_ra`tr~ owing '03; a certain .;1ot" _op. ._-p;io;sit'e` to -him owned....:By,_ one AM.:Arthi1r` f until - .o1;lyafr j wate;-,_.* o1 yig`_gi"{ qstwa-rag. " tween: vvvuus vuv lrviclllllwo 1.1115 W85 accee(1- ed_.,..=to p.n__d after several interviews ,betweefn'coux:1se1 and two or three in- terventions of the Judge in the way of_ suggestions ` and advice, at _eompro- -mine was agreed upon, the plaintiif agreeingto pay Fred Clarkson and ?his* wife. $900.00 in cab, with `full costs of suit -as between solicibtoreand client. I This leaves .'Mr. and Mrs. i';F'!"edt Clankson 9. clear $900 was Jr,-regardled as a" satisfactory setjlement Pal-ll 1}t11!'d. ' . 0 -`:5 ` .the' ing V The do day A u wrcrme mud` of man, and was pos- sessed of a good deal of intellect. and gore than th e0averz_1ge quota of edu- tion. . _ ` , ' " This action was brought by his widow, the administratix of his. estate, .to set aside 0 a mortgage for $2000 `given toshis son Frederick and Freder- ick's wife some few months, before .-his death. In many respects it re- sembles 5 the Reid and Grahgm case, but...die:_:ed< in. this respect, that a very short time only elapsed before; the estate after -acclouvnting for the mmtgage wasqzomparatively small. , T136 1)1!iinti"wna tan:-nunni-..,: 1..-- 1:-` Lthexmaker of the mortgage died and . many hood ; to all He die [ here- a ) `J , ._. There was certainly general satis-`A faction felt at the result of this trial by the people who listened to it and particularly by the" people from the neighborhood in which the parties `lived who were attending the Court. Olarkson vs. Glarkson. The late William Clarkson, who for years resided in the neighbor- hood _of Shanty Bay, was well known the older residents of Barrie. died` suddenly at the Barrie Hotel here-a couple of years ago.` He was a man of unusually sturdy character; a forcible kind of man, and uras pos_- nnn-nf n n'.....: .a....1 .n 2.4 ' , H..- vI4nvsllIIlJ a ldls am0l`nc\ [of money unaccounted for, it was a case where the fullest scope should b_e allowed to the investigation -and he therefore directed that the Plain- tiff should be.,at liberty to have the case `tried before Mr.rJ. R. -`Cotter, I.cc-cal Referee and that the evidence given in .the former` trial might be used by either of the parties in this investigation. I , . . . . . . . WI uaau uucu at we [same time, His Lordship could not` - nd, as a fact, that any portion of V the money which "was missing came into the hands or control of .either of the Grahams, but hedecided that as there was certainly a large amount of was directed liberty the . _ _ . . -vault uuu `UL HUG BS5359. His Lordship was very emphatic in action under the _circumstances- that she-alone of all his numerous relatives stood by him in his old age and that [he was convinced that she had shown great kindness to .the old. man and very carefully provided f r his wants anl comfort. He was al of opinion that the, deed was a put ly voluntary acn',;-that the solicitor whb drew it up had taken every precaution to ascer- .tain that he dwas acting of his own free will and that be fully appreciat- ed what hetwas doing. As to the other case tried at the `same not , gm, __ _ .. . .. . m This ~ was -described to : be :a *cond`ition that:,affects_ the brain more or less and 3' afnonjgst`; other. things impairs the I1 memory. -Dr. ASmale"`said that every- f body over 50 years of -age is affected 6 -by it. This occasioned a good. deal -of? B humorous comment in-the trial` of .the ' case, every person engaged'.o_ver 50 '2 yeais of age being more or less both- n' iered as to the condition of his mind. I: This was made the foundation upon 3 which`, to put in the evidence of Dr. Bruce Smith, a specialist, and he gave 1 his opinion very `denitely that the - deceased was, at the time he made 9 the_deed in question,` unable to com- .p1-ehend its" meaning and effect. He -lrested his theory very considerably `-_-upon an examination of the signatur- - es` of the deceased, laying a great deal `of emphasis on the factthat the later signatures were -imperfect ow- ing to the omission of letters, and in one case to the `omission _of nearly the,whole of the surname. ` His Lordship, after `dealing very fully with all the diiferent phases of the case, pronounced in favor of the deed, and dismissed the action with costs. He said, however, that inas- much as it was the duty of the ad- ministrator .to investigate the matter, he would allow his costs as between solicitor and client out -of the estate. in stating that he was very favorably `impressed by the evidence of Mrs.; Graham and fhof 4-1.... .:.....-a ._--- ~ h1&fottgw;sa`go; ` a. `Danna; 7 `endeavoring . will. ;I, and Executor yv---I vxv-r nary, YES) sl'Ull`.l; 1_?`1lEl1 1.11 It` ,},';.1 . A8_.8ta,'t9d_, the-_Lca_se`h_as IV1ioV1;L yQt#..lbe6nL` d1.Pos9$1h.,o.15..,rV*iv -* : - i ~ at-vuu uuv Pl'UPQ1'ty and it has been going in in_,that way, and'% even in; greater quantities, for` per haps 30 years.-,;. This?f1Mitar`_v_pqint_ i_s gun ,u_r;usua1 . Aon_e_-.:bu{;' Mrf`;L;e*hox' ` Sp-9" pears to,-h8..` Yer) gr6tV%%.fai'th` 'r.1ii.it . I AH . n1fl:n..' , -I-`I :-at 4)nn.`;`.'-51.-.;'.-. '.-.~-'1.- A.` 1. ~ .`...u.-5 vuu nuxc U1. one I080, 01' 111081;` of` them. The Township howev/er,1 rest [ their case V`ma,inlyV on, the fact - that they had_ built their_ Jgighway, 40 years ago; had. then. devised the Eye- 'tem of dispdsing 'ofthi"'watet""a`nd had` disposed of it` by_':;1AixectiVng ` it in upon the Dugan pr9pet;ty' and thatt it hh Urnn n ~ nn'4-"ln..&.-'.---. -4'-`Jr `J \-llllh demo Ii`: