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. +BRRl \'1il"l`ll lI'lIlf\lI In `. .. .. g . _- __, No. 44. .6 lbs. 25: 4 for 38 . . . . . 24 32 68 14 Lahrih" A remarkable picture that will soften the hat hearts, turn hatred into pity and mae into tenderness. SEE IT. ` 58th Year v_._. - 7-j You 1l_/roc'l< with laughter wl1"en you see it NEW DREAMLAND ORCHESTRA yDNE.sDAY AND THURSDAY NEW DREAMLAND ORCHESTRA A TH.NKSGlVING sracmz FRANK LLoYp*S PRODUCTION HOUSEl3fTERS coujncwoon vs. BARRIE -w2ifT.CT m1"bA%"Ihvi;i~l;le WPo.\`ver MONDAY ANR TUESDAY FRIDAY AND SATURDAY ALSO SATURDAY .MATINE GIRLS B/As1 10*A.M. RUGBY Any1s"sI(i1i;'2%' - 4050 GOPIES STARRING PILOT A Canadian film, made In the Canadian Rockies theharclest 3` "a person is injured -by coming in contact spring or the year in this County. _. The; rule in regard to negligence where- with an obstruction on the highway is th-at two things must concur to support the ac- tion, -an obstruction` in -the road by the fault of the defendant and no want of or- dinary care to -avoid it on the part of the plaintiff. I therefore hold that the approx- \ imate cause of the hla.inti's automobile go- i ing into the ditch on the day in question and so causing the same to collide with the post was the negligence of the driver of the car, the employee of the plainti. I hold that all the circumstances of driving that day were such as to demand great care by a driver and if the driver was guilty of contributory negligence, which I hold he? was, then even if the defendants -had. been guilty of negligence in the roads, the plain- tiff cannot recover damages (see Anderson vs. 'l`p. of Rochester and Mersea). be stopped untilit hit the post 73 feet from it so hard that it displaced it and twisted` EH/IIIICH. There is this further circumstance in ad; dition to the witnesses, I believe, as to the speed, and that is that the car could not. the crossing -and when it hit the post it hit it and disarranged the wires leading fron it and injured the car. The post was a" A Hydro one, which are all quite large. A car would have to be going quite fast, much faster thantwelve miles an hour, to- cause the displacement sworn to `by the wit-; - nesses. I was not impressed favorably with` the qualications of the driver._ It seemed: - to me that he had not enough knowledge ' or experience to drive such a large car on,` such roads as are always experienced in thc- { spring of the year in this County. ` T118: full ! in F999?!` tn nnnlinnnhn uvhanvn; way lb 15 IIIIKCH. I hol d, therefofe, that the cart was be- ing driven- so fast that it was negligence- as stated. ' I Ci7I`Vl_,,,_ E 1]` I .I wucu u. urusseu we crossing complained 01. On the other hand, if the car was only going at twelve miles per hour, as the driv- er says, what kind of care ditl he use in looking after the steering of the car? A` car going twelve miles an hour and going into a crossing the depth the plaintiff says (four or ve inches) could.very easily be kepton the road, and for :1 driver to allow it to go into the ditch would be negligence on his -part. The ditch was not deep and therewas no trouble until the post was struck. If the car was only going twelve miles an hour, surely the driver would be negligent or incompetent who would let his car hit 9. post which was 73 feet away from the crossing, the cause of the trouble. The driver was negligent no matter which ' way it is taken. _ Y I-uni I-Ln-..l'...... .LL..L LL- , C V V that day were not what they should be or what owners of cars would like. and it may be that the crossing which caused the car i. to `leave the road was not what it should Luau xul` auuu F0305. _ It may be that the roads in question have been. It was shown, however, that I many others passed over it before and since Even if the crossing was as bad as the plaintiif claims it was, and I am not satis- ed that even from the evidence adduced by him that it was so bad that it could not bk driven over if reasonable care was used. One person blng at fault will not A and on that very day and had no difficulty`, -dispense with another using ordinary care for himself. I am satised that the car was being driven through the streets of] Cookstown at such a fast and reckless rate on that bad day with necessary bad spring roads, so much so that it was negligence. The car must have been driven very fast all the way from Toronto to make the time it did. There was evidence to satisfy me by witnesses that the car was going too fast when it crossed the crossing complained of. On thl` hiirh fhn nnr you nnlvr I nu.-v was uun, \Il n:_Lmu` illll mar. I! put me- car in the ditch" and that the defendants are thereby liable under Section 460 oi the Municipal Act. he car was being driven from.Toront.o to Barrie through Cookstown and along the County Road. The -past win- ter was, a very mild one. and cars were running on the roads all winter where they never ran before in winter, and on account of the mildness of the winter cars were out on the road very much earlier than ever before invthe spring. But, nevertheless. the roads -were very bad and drivers in running cars at that early season had to be very careful. It was admitted that the day ' in question was very wet and the roads bad and no doubt the driver of the car in ques- tion had considerable diicultyt all along the road he took that `day, I would think. yet when you examine the time he made on that day coming from Toronto. I would be inclined to hold that he travelled` too . fast for such roads. 5`Y4 ......-. L- LL_L LL- 4-..! we part 01 me unver 0! me car. I find that the contention of the de- fendants is right and that the accident wvznsf due to contributory negligence of thedriver of the car. The plaintiff -argued that the` mud was out of repair nut! that it put the- car in thn rlitr-H and Hmt Hm A..o`.....4....4.. _yuu:;unuIt W215 215 IUll0WS2-- It was claimed onhehalf of the plainti, that the roadway in the Police Village of. Cookstown was in such a bad state of re-..: pair ;thnt the automobile whcih belonged to the plaintiff was injured by going into ` the ditch and striking a post, brought about: by the front wheels of the-car going into ` a hole. in the road at a street crossing". It was claimed that the road was out of `repair , and that under Section 460 of the Municipal ` Act the defendants -are liable. [The defen`d-1 ] ants do not admit that the road'was out`; of repair but say even if it was the accid- ; ent was due to contributory negligence on" the part of the driver of the I Gm! bk.-.4 H... .....o."..:.... -1: u__ .x_ out judgment dismissing the action. The On Apr. 8 of this year, James E. Smith of the Northern Auto Livery, Toronto, driving 3, big McLaughlin car through` Cookstown ran off the road into the ditch and crashed into a Hydro pole. damaging hisjcar and injuring his passenger. Action .j was brought against \the County in June; to recover damages but the suit was un-j successful, Judge Vance yesterday handing; judgment was as follows:-- To nu... ..l..:......I .... .L..L-u- -1 LL- _I..Z__L2 . Ralph* M5*i*"I+E Connor s SKY Toronto Man Who Into Hydro Pole `at, town Loses. Suit. V DAMAGE Action r mus _z_xg_A1Nsr%co; CANADA, THURSPAY. NOVEMBER. 3, . 1921. BARRIE SATURDAY MORNING -wrrn WHICH IS AMALGAMATED9 cvcuulg a lull. .. The Fleur De _Lys Class, of which Mix Alfreda Strange is the teacher, is a live one and always ready to welcome new members. It meets every Sunday at 3 pan. in Central Methodist Church. Some dry leavm in the barn on on the premises of A. E Lennox, Maple avenue, caught re near 6 pm. on Tuesday and the brigade was called. The re-ghterrs ex- t-inguished the ames without using water, and no dnmswn rncnltnd - s'|u,_`.',u1nut:u. l;L1L'- ll IHHQB `Will! and no dam age` resulted. -- -. v nu-Yuan-Ilrilll-n The Fleur De Lys Class of Central Meth- odist Sunday School entertained their friends last Thursday evening\ -at -a mas- queradeparty held in the S. S. rooms, which were -prettily decorated for the oc- casion. The costumes were varied and pic- turesque, and gypsies, witches, Indians, ne- groes, etc., gathered together presented as novel sight. gThe young people deserve great praise in their choice of costumes, which made the work of the judges, P. Cor- bett and C. Dawson, 21 ditficult task. Ev- eryone had a splendid time and the com- ~ mittee in charge of the entertainment are to -be -congrat-ulated on the success of the evening's fun. Thu plant A Tu- (VI--- -3 --L1-`L \'1--- 1uuLpLl_V_. uc-u. uuws, u. M. rucxung. Special Committee for Building Arrange- ments--A C. Bricker, A. Hutchinson, W Patterson,-J. H. Wilson. 9 T THE EVER ADORABLE ` ' % Mary MilmesMinter uxuxlqnunl, n. m.. uw.n 1'1. 11. DHIIUI. Subscript-irm and Finance--Bert Walker, .W. H. Tooth, T. C. Devine, A. F. A. Mal- comson. C. C. Hinds, E. Thomas, J. F. Murphy, Geo. Coles, C. M. Hickling. vSDECiB] Cnmnmittpp. fnr `Rnilrlhm Arr-anon, LIIAU LJ1Dl"d. I1. VVHBUII 1 w. L. Mitchell, Chas. Kelly." Shh? and nnnn;na.._`X7 Du u. u. uuwucu, uuus. neuy. Show and Cooping~--W. Patterson, W. Crompton, A. M. Marshall, H. L. Smith. W. H. Tooth. T. C. Davina A F A `Mal- ucu. at, 0 auu 4:; 111 we wwn mm. A very generous prize list has been ar- ranged for nearly all classes of poultry and pigeons, and also for classes of canaries, parrots and rabbits. 1 .4 ........ 41.....- L.....I__.1 -_.__:, pauum auu i`21uuu.s'. Last year, three hundred entries were re- ceived mid this year nearly one thousand are expected. 7 The committees appointed are as follows: Prize List--J. H. Wilson, I. MacLachian, W. L. Mitchell. Chan, Knllv -__. . ..--- .--:nu Iuvuvuvl At a large and enthusiastic meeting of the Barrie Poultry and Pet Stock Assocn., in the Dept. of Agriculture rooms last Thurs- .day evening,` arrangements were made and committees elected for the annual poultry show, which will take place this year on Dec. 27, 28 and 29 in the town hall. worn rrnnnv-n u u a n -3..- I!..L 1.-.. I. . . _ _ H ..___-. ._ .. `..~.....u uuuuynuuxc An inquest will be opened at Newmarket onwMonday, but will not be completed un- til the injured have recovered enough to give evidenc_e. ' um: uavc uucu uuug In .lIIlllSIll. Mrs. McCullough and the little boy were brought to Barrie hospital. Although Mrs. McCullough had a slight fracture at the base of the skull, she will recover. [Ellis was taken to- a Toronto hospital. A- .:.,........-v4 ._.:n L. _,, I - -v - u..uv..J un 1441390 - I The McCullough family and Ellis were formerly of Essa. For over 8. year the for- mer have been living in Innisl. Mme Mnnuiilnuuhk our! cl... l:u.l.. L- . . . . . _ _- any um uc turn mat Mrs. MCUUll0UgD. and the two children, who were sitting in the .`back seat, were thrown out, the mother being rendered unconscious by the violent impact with the road -andbremaining in that condition till the following morning. What took place -after that was a blank, but she was told that the car plunged into a deep ditch and turned clear over. Crashed into Bank According to the Newmarket Express- Herald. the car crashed into the steep em- bankment near the top of the hill, the im- pact of the automobile being so terric that it gauged out a great hole from the em- jbankment and then bounced back onto the road and stood upright, facing south. When the automobile struck the embankment, the passengers were all hurled out onto the hard pavement of Yonge street. McCullough was `thrown farther than the rest and was Mrs. McCullough and Bob Ellis plunged W `headfirst onto the pavement. Wheel May Have Broken A Bradford man who was on the scene -shortly after the fatality told The Examiner that the accidenthappened about.50 yards from the forks of the roads. When he ar- rived the car was standing right side up on-the road. The top -and the wind.shiel`d were broken and one wheel dished, but these were the only damages to the auto, though it is said to have turned over twice. was found in the middle of the road twenty feet ahead of the car, while the others were near the side of the automobile. Liquor in Car Dr. C. Ames of Newmarket, "who was [representing Coroner Wesley, noticed an odor of alcohol about the car. He asked Constable Kirk to make a search and two bottles of moonshine were found in the automobile. - ~n_,,, I in V1 found `dead with his skull fractured. Both ' According to this informant, McCullou;hl D0n l Call Me Little Girl J U uugcr. &`C apeu unnu N5 . The accident happened neer the top of Ajthe long winding hill. just south of the '- G.'I`.R., between seven. and eight o clock. J4-`gust how the accident occurred is not very leer, as reports differ. Mrs. McCullough s Version 4 Mrs. McCullough, who is now in Barrie hospital, says the smash occurred on Yonge "_Z_street. just a short distance past the forks the road, Ellis proceeding north on onge street instead of takingthe winding fill. Mrs. McCullough says that approach- `ffng them was a buggy pretty near` the cen- ire of the road and Ellis, instead of turning o the right, apparently changed his mind j {and turned sharply to the left. So su'dden- ly did he turn that Mrs; McCullough and the two children. whn mm-A etniun :.. 41... sin` the Penetang Road, Innisl, at the cor- ljer of the seventh concession, was instantly ltilled last Saturday night. "n a motor ac- eltlident. near Holland Landing. His wife nd Robert Ellis`, who was driving the car, ;'ere both seriously injured, but will re- Vgiover. Hubert McCullough, aged four, re- 7eived an ucly` scalp wound over the left 'ar, and -Mabel McCullough, two years `younger. escaped unhurt. `l unnidnnf lsnnunnnd ......_ A1... L__ _l Milton McCullough, who had been living $,ft%HRowN FRGM CAR L & MAAN IS KILLED POULTRY SHOW NEXT MONTH FLEUR DE LYS MASbTlERADE `L- nu..- n- 1- nu `I-'_E`l.ll` )_l IVIIIILOII mcuuuougn `:fNeat:' {Holland `Three Othgrs Hurt. of Milton McCullough _'-.-' LI_II_ , 4' I `II Formerly of Ess may Ul rmuucuu unaerwmers, Ltd. [ Several changes were recorded by Assess-I or Whitebread: M. H. Esten, $2000 on house; G. Gracey, $150 on land and $1600 on buildings; Mns. E. Dobson, $200 on land, and $1800 on buildings; W. H. Tooth, $500 on buildings; Chas. Kelly, 8100 on business. Saturday, Nov. 5th TWO GAMES TIME, 1.45 ' Neithc`:r_tcEa_n/1L11Aavie_ been beaten ~ nmzpu, uuusr uu naynem DD. Dalton White, Ema St.. was assessed as tenant instead of owner and his business assesment was xed at $250. Mis Clax- ton s business tax was struck off, as was that of Financial Underwriters, Ltd. Qnvnv-ul nl-inn.-cm ...-.... ......,....J.|_! L-_ A UHIU eta}. rcuuveu OQUU. Assessment was conrmed in the follow- ing appeals: J. H. Plummet, Dunlop St. property; Andrew Bakogeorge, Collier St.1 property; D. D. McLean, vacant lots; E. T. ' Tyrer, property occupied by Bryson's con-l fectionery; Miw Lally, property on Collier and W-orsley Sts.;` John L. Bell. income tax; W. H. Johnson, Elizabeth St.; Well- ington Hotel; Bank of Nova Scotia; A. H. Tuck. farm; Frank Hill, new house.` Thompson St.; M. L. Ardagh Estate, lots on Charlotte St.; Donald Ross. boat house; John Bingham, lots on Worsley St.; N. W. Asaph, house on Bayeld St. nnlfnn fhlfn Fear: t us...` nae-n~~-23 - COURT OF REVISION Of the 23 appeals disposed of by the Barrie Court of Revision last Friday; reduc- tions were granted in only ve cases. Thesea were: A. `G. Ardagh, vacant lots. reduced 8150; Geo. Gates, reduced $200 on income; Edward Barrett, farm. reduced $500 on buildings ; B. Asquith, income tax, reduced 3400; J. G. Scott, lots on Mary an`d T91-~ onto Sts.. reduced $400. ' I ...._c_._,_,I ', .1 p n Anamm. .\.. 4 .... .. auroo aiau apunc. ' {J Elmvale Lance--Thos. E. Ross, U. F. 0.] candidate for North Simcoe, paid Elmvalej a. visit last week. Mr. Ross may not have! the smoothness of the professional politic-I! ian, -but he has an air of sincerity about; him that wins favor among electors of all? classes who prize honesty of purpose in,'} those who aspire to leadership among our; people. i ( um. uurrm auu Lur. moss this week. I John Kennedy, vice-president of the Un-: ited Grain Growers. addressed 3. meeting} on behalf of the U. F. 0. candidate at Ed-`i envale, Tuesday night, with a large attend-; ance. G. H. Murdoch, M.L.A., and Row also spoke. Rlnwaln I.um..._,'rL.... 1:` 13-- n In n 5 1 UH um UCHEII c The south and east portions of North Simcoe are receiving attention from both (301. Currie and Mr. Ross this week. [ Jnhn Vnnnnuu av}-.. ........1.L...4 .t ;_l__ 1'1 -uuruh nvII_\J I A well atended meeting of the lady sup-i -porters of Mr. Boys was held in the Publicl Library, Monday `night, and it is evident` s. that he has a number of active lady worker on his behalf. mt... ,.....n. .._.1 --,i H - -9 UBI)lUuIrUU Verdicts of $600 and 3100 respectively! were given against Joseph Rhodes and his! wife for slandering M15. Mary Jane Orr ofi Creemore. The slander consisted of saying} that the plaintiff had choked an infant and, buried it in the garden; . 1 us.-.. wccn. mr. ausuce Mowav 1s presunng. { R. E. Na_thTannson, charged with fraud,I was unable' to appear as he is serving sen-I tence in Michigan, -and` his bail of $800 was! estreated. 1 \,'___.l!,; 1- many. .- -- -A - -v- -n-u.II UUI Last Saturday evening the re brigade; was called to Dunlop street between Five Points and Owen street, where 9. Hydro wire was smoking. A fuse on one of three transformers blew out and the two remain- ing transformers and wires had to carry the extra load, with the result that one wire , began to smoke. Although the stores serv-1 ed by the transformer out of commission! were temporarily darkened, the trouble was! soon remedied and no damage was done. I Matinee Thanksgiving Day ' `Usual Prices, 15-25 ..__ uuvvuhlpv I [Owing to lack of space a report of the Fall Axaizes is unavoidably held over until next week. M . Justice Mowat is presiding. I E. Nathannsnn, ohm-and mm. I-'.-....A I In `Five Years VA Hovrmuch do youspend in o week ontries you would never miss ?--About three dollars? ` That amount, deposited every week for ve years, would amount to $841.02. ::'w:..`t.;'*:.="'-*.,....1"'.:..":."'`....`*` UNION "nBA3Nl_( OF CANADA D...._:- D._--- A Barrie Branch and Safety Deposit Boxes Minesing Branch - - - - - Thornton Branch - - - - Cookstown -Branch - - - - , Single Copies, 5 feats `$2.00 Pen-1 Year (in advance) POLITICAL NOTES FUSE BLEW OUT FALL ASSIZES C. W. Cutforth of Toronto addressed an interested audience of four hundred `people I at the Barrie. opera house on Sunday after- : noon on the subject, Million:-1 New Living Will Never Die. He announced that in , every city and town of importance in Can- ada, the United Stateseand Great Britain the same lecture was being given on the same day. JUST AS RALPH CONNOR wnona 11 , V _. _..--'_..--- . l\JIdld|J Choice Yellow Peaches in heavy" syrup, tin . . . . . . . . . . . . . . . . . !Apple and Raspberry (Jam, 4~1b. E I `tin . . . . . . . . . . . . . . . . . . . . . .. Canada's Pride Evaporated Milk tin . . . . . . . . . . . . . . . . . . . . . . . Sunlight, White Naptha, `Pearl White, Comfort and Gold ' Soap, per bar . . . . . . . . . . . S. . . . Finest Quality Soap Chips. .2 lbs. Fresh Rolled Oats just in. Kellog: s Corn Flakes . . . . lQuality Oats, large pkg. . 5 SATURDAY SPECIAL ;Fresh Breakfast Bacon in the piece E per pound . . . . . . . . . . . . . . .. 29: Choice Grapefruit . . . . . . . 4 for 25 A FEW REGULAR PRICES rs: ... ..... vu qu u c a x u L IVCD xu quart S881- ers, each . . . . . . . . . . . . . . . .. 75 f:Fresh Carrots, per peck . . . . . . 25: ;Golden Hubbard Squash, each . . 15 Large potatoes, per peck 25; pet I bag, $1.35. E ! ! I % IN THE GROCETERIA ` J ' 4l// EWise Baking Powder always brings i good results, and is the most econ- I omical,-as 1-lb. tin sells at . . . .25c I Select cold storage eggs, per doz, 58 Fisher s Star Flour is now down to $1.15 for the 24-). bag. Why not try some home-made bread? Pumpkin in the large tin, each. .139 SPECIAL THIS WEEK Small, sweet` pickled hams, by the I half or whole ham . . . . . . . .25c lb. iselected Queen Olives in quart seal- nor-In DEMONSTRXHON or`- ,,HElN'I'Z GOODS ON SATURDAY BY THEIR REPRESENTATIVE THE --_.__.__ A: ______-,_ _ ,__ HOUSE o 1 = "w1s1)oM. ALLANDALE SECTION 2 PAGES 9 TO 16 A. Leslie, Manager J. Fleming, Manager . J. Thompson, Manager T. McMillan, Manager CIRCULATION ll"! Ila II IIIINII