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llGUC'1l.1'I: auu Ucun Lu Ina _Vvvu Jnvuu. 3 | .Mr. Saville stated that Mr. Birnie. had told him it had been considerable time since he had been down the cel-I lar of his own home, but that he had` put the kindling between the joists.j TITlu-un nuAan,nvnv| rn~innr` "11? W A `I 1920 and `$1800 in 1922. Ral es- tate is a bit at in Collingwood to- day, so actual selling value would not be much more than $2300. `m"l`o l-3;>'y-s_, "he seid that the house could not be replaced for less` than $5000 to $5.500`. ` ' r-_ `rr-...4.4. .. A............ 4.....t.:t`.n'.l 44.no- uluu tpuvvu uu qvquvu Jos. Hyott, a reman, testified that the wood had been charred only about 14 inches from the cupboard. whereas Eberhardt and Saville had sworn'that the joists were burned fora considerable distance. He de- clared that he had heard Birnie say` that something was wrong with the` `lights as they had all gone out about `twelve o'clock. ` ' `I `I1 L, _`l___!,_`I A.L_L' `I... DVVCAVC U blubnu To Mr. Boys, he denied that he had .shown Birnie two wires hanging down and reniarking that this was the cause of the re. He didn't even see Birnie at the house. at the time he (witness) made his `inspection, he declared. Insurance Adjusted at $2518 It was admitted by the defence ithat claims for the-insurance had ibeen put in after the re and that `the companies had made an adjust- ment; at $2518 for loss on both build- 3 . ing and contents. I A 1:` Q.....1..4..\.. Q....+ N9 4-`kn W A GREATER V DUMBELL OFFERING THAN EVER, `PRESENTING A A GRAND VARIETY or SPLENDID EN- TERTAINMENT. __.W.. _BERTRAM LANGLEY s"rc3"ii n`:~f'v'i?E` "PH" 01369" VAnd# Tljnq Qld` Dumbl_l____Q_1}_artette .-___ ___ _.-..._: :- WITH THE om; AND ONLY RE])v NEWMAN` ARTHUR" "HOLLAND, JIMMIE CEOODE, ALAN MURRAY, JACK McLAREN, FRED F ENWICK, CHARLIE McLEAN, TED X CHARTER, BOB ANDERSON, IV OR AYRE, PERCY CAMPBELL PRICES : 50c, 75c, $1.00 and $1.50 PLUS TAX with .naRi2Y BRAYFORD, BILL TENNKNT, TOM YOUNG AND BERT LANGLEY lsay whether the accused should put Iin evidence or not; that was for the `accused to decide. The onus was on the Crown to prove that there was no reasonable doubt of the guilt of the e'accused. Judge Fisher then proceed- l;ed to review the principal points of elthe evidence. He did not regard the .iinsurance as sufficient motive, the ;:assessor having sworn that the house .'.could not be replaced for less than ;. $5000 or $5500, and that it was not ;:over-insured at` $4000. With refer- ,*.ence to the kindling, it had been {shown that the cellar was damp and [that the place chosen was not a dan- Hgerous place to store such material; Jfurther, it had been freely admitted 1 `by Birnie that he had placed it where 3 it was found and there was no at- SPRING COATS AND SUITS Sat Sale opens Saturday at Malcomson s Insurance Office BE EARLY tempt by him to minimize this fact. T ........'4. ...... ...L...... (\9\" .-...-....u.\.. nun .-...,,. .,_, ... ......... ....- -..... -..~.. I can t see where any suspicion can attach to this feature, said His Honor. 1 1- 110 77 ,0 1 1tI'Y LLVJIVL c Concluding, His Honor said: Up- on the whole evidence I'm not just- ied in continuing the case further. There has been considerable conict of Crown witnesses and the whole situation does `not disclose sufficient evidence to convince me beyond rea- sonable doubt: that the accused is guilty of the charge. Therefore I nd him not guilty and order his discharge. _. ......c _ _. I pay for them.` -uiuvunnnyu ----. _- a Fire Chief's Story , ; Robt. Dey testied that he had 1 been chief of the Collingwood re de- E partment for the plat twelve years. 1 He told of locating the re in one 1 corner of the dining-room and of I placing a line of hose through a win- 1 I dow to extinguish it. He testified that he had found re in the cellar I and had run a hose through the coal , chute window and placed two remen , on the line. He then went to the-1 attic to see that the blaze had been extinguished there. `While in the at- , tic, he stated, one of the men whomi , he had placed in the basement called i: `him, and on going down the kindling` ] which was found between the -joists , was pointed out to him. When he , had assured himself that the re was]. under control, he and Constable Ken- nedy and some of the remen con- 1 ducted an investigation. He testified ;, that aperture number four (the cup- E] board which tted up to the joists,';- covering ve joists) was completely burned out and that the side of the . joists were charred. In a'perture:Q number three there was kindling -and T , paper, slightly scorched. He declar-` ed that he could not tell whether it had been set o_n re -or hadijust been scorched from the heat of the re be- tween the adjacent joists. There was_ also paper and kindling in` the other two apertures, but they show- ed no signs'of having been on re. On closer scrutiny of the cellar, he and paper resting on a sheet of as- bestos paper over the furnace. The` 4 I a wood and paper were between the joists.` This paper was not on re, nor had it shown any signs of being in any intense heat. Paper of Previous Day - He also testied that they had found a .newspaper between other joists over furnace which bore the date of Nov. 28, 1922. Chief Dey said that in view of what he found he had notied the Fire Marshal's Department. In walking down the street about 11.15 in company with the Chief of Police they saw Mr. Bir- nie and thought it only fair to him, that they should tell him why a man had been placed in charge of the house. n-,,_,_-_ I_,:| -._;.......`J .L1.-.- L,.`.....-. Sexjeral houses in New Jersey have been visited by a thief who in each case took nothing but an oil stove, leaving money to 9 .I by special request JIMMIE GOODE cmc [His Aim L In held 1:. kt-n7.i-: rary 1! him: :- solved: 40(|,('l( | (-mnpm results cause hi. ed to of (-.\"' Tpruduc -ada. . _10ve nunohx In En {ions } She is has in- New ' raydn Indiai amp!- Vince. for n tectod dangm rnl l 11$; _.,. .,,_ rulv v the F: autoc rcinlm IIU USU: ! u 1 Mr. Birnie had entered the house and we followed him. I asked him to 3 come down cellar with us as we had something to show him. He did so, 3 and I pointed out the kindling be-" tween the joists and told him that the Fire Marshal had been n,0tied!7 andthat was the reason for placing ,` a man on guard. Mr. Birnie went upstairs without making any com-' ment, stated Chief Dey; | Continuing," Chief Dey stated that he visited the Birnie house the fol- lowing day on the arrival`of D. H. Saville from Toronto, a representa- tive from the Fire Marshal's Depart- ment. He also stated that on one. of the papers was the pencil mark 107. This, -he stated, was found to be the newsdealer s number in identifying Mr. Birnie s paper. . 'l"l7`I...... .........-. `nunnn-imam` Ru 7 . A of the B1` 1`\\1> Enma ;::xr(l9 .1z1r1(1 took 1?. and `lb. j+`;;;.n.1 Hart n; t\\' 1 qua }$icf Tlish 1) camp) Vcrxtep, frig-ml` . Chief of Police Heard V `James Johnston, chief of Colling-l3 wood police force. statedthat the _i I rst intimation he received of the! re was on reading report of Con-' ' stable Kennedy when he arrived at` his office in the morning. He said; that a few minutes after reading re-_ ' port Chief Dey of the re depart- I ment telephoned `him and told him _ of the nd, which resulted in h_im alt making an investigation with the re chief. He suggested a man be placed ` on duty` in the house`ti1l'the Fire "Marshal should "arrive. He stated ' that at 2.45 o clock on the following 'iday he again went to the house in, iicompany with the re chief and Mr. _lSavi1le. They took possession of the} 7 kindling and placed. it in the town; "clerk s office .until' required. When questioned, Chief Johnston could Of-g lfer no explanation as to the origin of the re. On Feb. 20 he stated he; i had received a communication from Crown Attorney Cotter asking that ' {he get a valuation of contents of Mr. ;iBirnie s house. and upon interview-Q ' ing him, he said, Mr. Birnie was very ,frank'in the matter and had said: ;,No, there has been too much taken "out of the house. -l 1\ 1,1 'I'i,,, 13,. LL- I1_______. --`l--.!| t` h-z 61.1.. not be are d to th Thc=r( `ii; ' Dr. suPP1 SPL 0 urn Rev. Ross prov Sadi core deli tion Mar dm_ `whi occa "'.i'i}I The ` Donald Ross,-for the Crown, asked .Chief Johtston if. he knew that Mr. 9Birnie had beenout` of Collingwood during the summer. Mr. Boys ob- `jected to question and Court upheld `the objection. , ` fro Lon en(in `The my "U-wL-o(c-ation of Fire D. H. Saville. representative from Fire Marshal's Department, who laid testied that he had found evidence of re on ground oorat left hand side of stairway and that wall was ` badly burned. He stated that on ex- amining basement he had found traces of re under staircase" and there was; a hole burned in oor at foot of steps leading upstairs. He _saidAre started in aperture four, be- tween joists, and that re in dining- room had started in oor. He also stated that in his opinion the re was of incendiary origin. i H Why Incendiarism Suspected What leads you to believe that `the re was of incendiary origin? queried His Honor. H '. I H"l\L.. 5.1..-....-.1... A-L-` nnuvl-Iainpn 4- ; Canal- the information against Mr. Birnie, \iUICllC\I JJID ll-\llI\llI The absence of anything 'to start a re. One can only have suspic- iions, stated Mr. Saville. ` . T | I5'l)..L -...u- uunucndu `mniin -:1~nn`-:AnnJ--:t\v\- IUIIS, Buaucu VLL o IJOI V lllvc "But you xnust have juscabng for youq susphonsf wreped the `Judge. . I an... 13..-; 4..I....4. 1.-..-- ....... .....,...nu u uugv ` The fact that house was unoccu- gpied. that furniture had been remov- ed to his o"ice.. What necessity is `there of a man going to his office to .sleep between one and two o'clock `in themorning when he has a fur- lnaoeerf an`? beds in his own` home? A - ,1 .LL ,1. "I'l'-_ 'I1_..._ !