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1dA farm- arm re - - A. Leslie, Manager - H. J. Thompson, Manager - - T. McMillan, Manager \aE,lA&\./I19 `(Contiriued on pag 13) `SECTION 2 mass 9 TO 16 .n:uo;cr1poq 15, 19/22 rear IAY THE ~ ARRIEZ EXAMINER 10 3__J'3r x lyuu, 24-25 Late this afternoon -Judge Vance stated he would not take the re- sponsibility of granting bail to Geo. Bennett, who was `Wednesday even- ing convicted Ii:-.' a jury. of committing perjury. ' A reserve case is being ap- plied for and "pending the trial Ben- 5c--glass T CIRCULATION 59th You NO BAIL FOR BENNETT Entirely new musical repertoire. WILD Y ' IN HER CROWNING SUCCESS_---A STUPENDOUS PICTURIZA TION OF ~When you see Vivienne run screaming this warning and then look uponthe bursting of the dam and the terrible ood sweeping upon the unsuspecting town, you ll feel the thrill ofthe age-_you ll see a scenelthat you ll remember as long as you live! Suggested by Fannie Hurst's Famous Novel. An epic of small towns and big cities, of little people and big people, of drabness and glamor, and of humanity inits every phase. It carries the song of life, sung sometimes to ahurdy-gurdy, sometimes -to. a jazz band. Stardust is splendid. _ . ` ' ' See Priscilla Dean RUN FOR YOUR LIVESH of other A two-gun,'two-sted romance of Jericho, in the lawless . . - _ country. a ~ .- The identical picture William Desmond used during his personal appearance at the Pantages Theatre, Toronto. From the World-Famous N9v_el :by Cynthia Stockley "I'IGHTIN' MAD" "STARDUST" A Drama `of Broadway s Bubbles and Dregs--` Told from the Heart of a Woman. SROWING FREDAY-SATURDAY ' A Super-Special Drama. of th Great Outdoors - 4150 00"!` [THE BARVi$EwH%MBXEDMoRNmG '3 Pm` ` WEDNESDAY-THUSDAY Usual Prices: 15 and 25 cents. n street in the ten-room brick` ,ric lights; also John Flynn, 9A_9Rn `Usual Prices: 15 andV25 cents I 4 ' . nett will have to remain in custody, unless his counsel can secure bail from another cou1;t. M I Arrange to hear Maj0rJ. I. Hartt` of the Orillia Business Men's Bible] Class next Sunday afternoon at 30 -` clock in Collier St. Methodist Church, 1 'urn`L_ Y -_.1_ 'f1_-`I- M MONDAY-'I'ElES|)A'Y ).lUL/I\ III \J\llIlCI. BJU` -I-VJ.G\all.\I\A.In subject, The Lost Book. With that Famous Star WILLIAM DESMOND HOPE HAMPTON % _ IN Usual Prices: 15c arid 25. The. orders designate A Com-1 pany to furnish the advance party. The re-specAtive companies will pro- ceed from their headquarters "(at a` time `of which they will be later ad- Ivised) in -marching order with kit, iall ranks carrying one meal (iron ra- tions) in haversack,` f\&.______ ______-____ .12--.. acting adjutant , and Major John Preece as acting` paymaster for the ' encampment. ` ` Majo1` YG. McLean is named as' 2 Juice iencher. ...\...-, .....-..,.......V . Officers commanding _ companies J are asked to have their `company books in order for inspection by the O. C. on his arrival. One cook and o"icer s servant is` allowed each com- pany. ' No men not physically t and of good character will he enlisted. ' `The O. -`C. jhopes every effort will! be-Tm ade';to "bring `out `the regiment in full` strength, "according-to the es- , tablishment for thiQ,_p2}1'ticu1a`r camp. 'and in the highest possible state of l A eicienr.'y. __ V 7 ' ' j ' ` I }CAMP om):-zns. ISSUED gw TO SIMCOEFORESTERS! Lieut.-Col. V Alex.` Cowan, com- manding the Simcoe Foresters, has vissued regimental orders `for the re- giment at its annual dri1l`and en- campment to be held at Camp Bor- den, June 20 to 28'inc1usive. ` I V` The: Wye" River at the Tolvi-fort is to ! be explored for Indian relics. This] :.; 1.1.- ....:`..'4. ,...1....... 4.1.- n--_..'. _ _ . _ ,_ up ursrzvxuta L\lL Lxxulall 1ClAbD- g $1113 is the point where the Hurbns are supposed to have retreated from dur- ing` an attack by. the Iroquois in the early days. V BARR]!-1, "CANADA, THURSDAY; -wm1 WHICH` Is" AMALGAMATED- AJULAALCUU uuu U\a\.`lUAll\.r\lI I The indictment against Bennett grew out of the trial of Ed. Rogers, Dec. 1-5 last, in which case Rogers was convicted of the theft `of honey from the apiary storeroom of the Misses Broughton, near Bradford. The charge is that Bennett swore to false testimony regarding a trip he and Ed. Rogers made in a vehicle, knowing the statement made to be `false. I n 1t\n< A,,,,, J___,, _L_.-i , On Aug. 3, 1921. two days after honey was stolen, Rogers and Ben- nett made a night drive in the coun- try. It was from this drive that the i rig was traced to Rogers yard, honey 3 discovered on the gear [of the rig, iRogers arrest- eifected. and his sub- }_=enuent'tria1 and conviction in De-, -cember. To explain the reason _for' that drive both Rogers and Bennett` swore they were driving Wm. Cone- man to his father-in-1aw s home,"Geo. Sadores, on the 13th line south ot Gilford, ostensibly for whiskey. AA. `l_- J...:..I A-E 13..-.-..-.l-l- Clan nwnvn d advte- for ng them to 11tf also v 1115 \.\JlllllIIV\I\.4\A RJVLJ Ian. J o The maximum penalty forvperjury is fourteen years imprisonment. M. `B. Tudhope,' counsel for Ben- nett, has moved for an appeal and asked for a renewal of bail pending~ `a reserve case. Bennett was re- manded in custody pending the de- cision of the Court regarding bail. TL .-..,J-.....J......l .L1....L ..... ....1 .13.... bxclvll UL VIII: \JvuLu Lu5uLu11A5 Hull It is understood that counsel for Bennett will base his appeal on points of law, including the point that the) Crown did not establish that a legal trial had been held in which Bennett had. testified. At Bennett s trial, Crown Attorney Cotter produced the indictment and other Court officers swore to. records in the case in which Bennett had testied. -_._3___,L T'I____._LJ_ . '1-`IND BRADFORD MAN GUILTY or PERJURY George Bennett. a young married man of Bradford, was found guilty by a jury in County Court of Gener- al Sessions, Wednesday evening, of having committed perjury. VF]... .......-............ .........14.-- 34.. ........'u.... Mr. Tudhope, for prisoner, argued before the Court and jury that the only thing that would contradict Bennett s story was Copeman s state- ment that heyhad never driven with ,Bennett.` And h_e, `Copeman, ad- mits, urged Mr. Tudhope, that hel agreed openly to swear .fa1se1y that he did drive with Bennett. ' ` L- .L_..L_- Rogers, brought here` to testify, stated that Copeman paid him $1.50 to drive him out to Sadores to get whiskey. |'__ _.._!_.-LL..'l ;... LLI... `I3...-.....,.L.'... 17" In rebuttal to this, Prosecutor Ev- ans stated that at the time of the. drive the road which the men de- clared they went over was blocked on account of construction "work. '.Further, that Constable Webb and Mr. Collings, `after seeing Rogers rig move out. had taken a car to Sador- es place and waited till after one o clock in the morning without meet`- ing` Rogers or anyone; and that they met no one on their return trip; VVlllDl'\C`Vn l Jury` Convicts Geo. Bennett of Swearing Falsely; Will Appeal. !\IllLU1u,.UDIaCualu1_y .I.\ll. vvux-`u\\...y. At the trial of Bennett, the Crown contended that the drive wasnot to] Sadores, but to the place where the honey was cached. and that there were only two men in the rig, Rogers and Bennett, and that _Bennett swore falsely at Rogers trial` to support Rogers claim, in an effort to cover up the honey crime. T... ...nnnn-n4- n-l-` 4-'Iu-uh: n11ntvo+:r\V1 Tau VA:-.1. on." In us--4.. ...-4.-.. J Wm. Copeman, now serving a sale, tence, testifying for the Crown,` swore he was not the third man. if`. there was one. V Moreover, he declar~ [ ed he had never met either Rogers or 2 Bennett until later in the season.i From Aug. 1 to 9 he was working on : the highway. The highway timekeep-1 er s records produced bore him out in this. In fact, he said he never, at 3 any time, rode with Rogers and Ben- nett. He swore also that he never! had a drink of liquor in his life. T. W`. W. Evans, prosecuting thel case with J. R- Cotter, K.C., Crownl Attorney, met with repeated objec- tions by M. B. Tudhope. counsel for prisoner, who asked the Court to halt instructive and informative meth- ods of the prosecutor in examining; a Crown witness. In most of these !he was sustained, the Court insisting`. on direct examination.` ` at run .__ _- .1 ` Judge Vance, reviewing the cir-I cumstances of the case, stated that it was necessary to be ableto depend on evidence gtiven in court.1 He also cha1'_9:ed the jury that `its n_1e,mbers should be satised the Crown had n~ade"n case: He. drew attention to the statement that Bennett said he and 7Ro,cre1's drove to Sado1'e' in West Gwillimhury, [taking V another man with ' them whowas Working with Sadores, The Crown a1Ieged"tha_t ' was not correct, said the Court, and |.A}J I/IIC LIUIICJ \r1IIll'4I In support of this allegation, Jas. A. Webb, County -Constable, swore 'he has! watched the rig. in which he identied Rogers and Rogers dog} following; but didn t recognize the` second man. E. B. Collings, assisting Webb, corroborated this, and Max` Brenton also saw the same two men in a rig on the night in question, but! neither saw a-third man. * I 117 _ __ I JUNE 15, IDEFENDANT PROVES ` 5 ms own INNOCENCE retired at ,5.20,.return-I ing shortly after six o clock with a! verdict of . guilty." . (Continued from page 1) Twelve witnesses testied and were cross-examined. Young Overs swore lhe did not see Delphine till the mom- ent he struck her. He was going about twelve miles an hour. he said, and stopped within the length of the car. His brakes were 0. K., and he had had about three years experi- ence as a driver; 1171 -. I - (I 11, ,,_1 i vvu_yo I I Viola was uttered at rst. She `had to be brought into court by a [bench warrant] because her parent disobeyedi the subpoena. After the [childhad testied, the Court mildly, jreproved the mother, pointing out; lthat she ~1ai_d herself liable to a neg [and that she herself might need wit-; ]nesses in a court possibly some time.; land should appreciate the situatiomf But Mrs. Hamilton, interrupting/__ Hisi Honor, said she had a baby at home, had no right to be there, and that a, lawyer had advised her she did not.` V Copeman deniedit. He also refe1'1'<-(1 to the circumstantial corroborationi - , I `of four wltnesses. 5 at rn 11 -no . 1. - n Mr. Tudhope objected to an infer-E ence the jury might have received that it was. necessary to disbelievef four witnesses if the jury was to dis-; charge the prisoner. He considered? it was not inconsistent with discharg- ling of the prisoner that the jury dis-' believe the four witnesses, in the cir- cumstances. ' - #2218 ClI\-I: (1.0 U. uL1v\.Ln I n I Ed. W ite, driver of the coal wagon, testied he hear_d a scream.] pulled up, and saw the motor car 20} or 25 feetawziy. E T\..1_.L:..,. ._..:.1 -1... 1,...1....l ..c4..... 41...`: ! Delphine said she looked after the; ljitney but did not see the other'ca1-. ` !She admitted to W. A. Boys, K.C., `counsel for defendants, that she did `not look the other way. ' ; --- - -- --. - - I ! Viola Hamilton, De1phine s play-f `mate. 9 years, judged the distancei Delphine was behind the car was! about as far as this room and back. 3 , Stepped-o" measurement of the room [showed it to be about 40 feet one Eway. i xr:.\1.. ....... a..u........J -4. c.....4. Q1... . i If you lose a. receipt for a cash pay- ment it is not the other man s job to prove that the account is unpaid. It is up to _you to prove payment. Most often it cannot be done. In paying bills by cheque, protection is assured. Interview one of our branch managers and arrange to open a checking ac- COUDL ( ' ora- .4-PlI:'_.CE ORCHESTRA : : V JITNEY SERVICE` . Saturday, June 17, is; Prize4amd.Spot Waltz Night. .- -_ Suitabl-"e Prizes. - _ . 'vWednesdy,_June'21, ~iS_,a. Big Special Surprise Night.`-T " , T _` '_ \Tx; hat w_iI1fhe surprise be? _ _ Pii1i'cs'soliited. Hot water supplied free." MINE'1"S POINT PARK DANCING Barrie Branch and Safety Deposit Boxes Thornton Branch ' - - - - Cookstown Branch - - - - SATURDAY AND WEEBNESDAY ' NIGHTS OF EACH WEEK ' ` 1>.o. Box No. 543 for Orders Wis, wBm EXGELSIOII BIIIGK AND ntocx um 215 Dunlop Street, Barrie 1 (OLD BREWERY) I The Count}? Council.wi11 open its summer session in .OriIlia next Mon- day. `have tobring Viola to court. Her- indifference and tone of contempt in... creased till Judge Vance warned her he would consider whether he should ne her. Subsequently, late the same evening, Mrs. Hamilton, communis eating with the Judge, apologized, admitting that she had been rnis-t, informed and stating that she). did not know in court that the man in gown on the rostrum was the judge. This naive confession probably saved her from a ne for . contempt of court. \7:..1.. ,.L.....! LL..A. Y\-1..1-1-- ---~r--'- \r\JAlV\'lll1-VII u; xvuu. u. Viola stated that Delphine crossed `the four to six feet space between. 5.the wagon and auto and had reached !the right side of the front of the car when knocked down. ` .. u;;u;a. Robert Gordon Agnew." counsel for the plaintiffs, argued the car must have tr:-welled that 20 to 25 feet be yond the wag'on,_des<:1'ibed by White, g'bef0I' stril:in5_>,` the girl. 'an(l while in Eplain View of her. ` D(`l'[|lllU9. he !urged, must have travelled that four itoy six or eightlfeet l)ei,\vet`n the wa~ , gen and car and then `..1'avell-Ml nearly ithe width ol'the car across its front ! and in that distance the driver shoulo, `have seen `her because there could be {nothing to obstruvt his view. He {would have travelled ".0 feet while,- lthe girl was going: eight feet. There could be -no excuse. Mr. Agnew con: itended further that the 'defendant s i own witness, the wagon driver, broke ldown Mr. Boys argument that the girl ran out _from directly behind the icoal wagon. -He_ said to` the jury: If Ieyou nd that Delphine was out on [the road and the car was 20 feet [away and could see her, `the driver iwas negligent, ' ':t1.....L:.....,..`l . _ _ _ .....' 1n\ T. R. Huxtable and G. B. McLear: `gave expert evidence as to the dis- tance a car can stop when going at a second. I1 . . u .1 s q . - given rate, also the distance travelled - a Thos. `Black, jlitney driver, corrob-.. iorated the story of the child running- out and returning to the curb. nu v\ -v .~ .. ..-.. '50 \4\.r|A\Ao ' Br. Turnbu11'stated the break had {knitted correctly and the limb was 0. K., and Delphine admitted to Mr. lB0ys she could `skip pepper wit}?-,_ relish. .1-4 1 . 4.- ireds of