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[~31 a rig: r%1t hhance. ...........5 cu; aunmuu WCFO mere. Fm.\'ms H1-:wsoN gave evidence as to the character. of the Prisoner. Witness was treasurer of Nottawaram :1mI.n mm-no--tn ...~ .. any n uu. .l.uu~:s H.u'm:.\' was in Summerfeldts Hotel on Christmas ni ht. He heard Gillespie call Summerfeldtlbau uamesbut did not stay to see the row. . Saw Switzer while there. Saw him take either three or four glasses of rye whiskey. The glasses were full. witzer fell asleep on the bench, was aslee when Gillespie came in, was still asleep w en witness went away. Saw Switzer in the evening at ( umcron s and he was half drunk then. u'...-.. `!7'---- M ' s.._.._, W ........u uuu muuusses nesnmony. JENNIE SUMMERFELD1` daughter of the prisoner was next called. She_ had run down 'on-heu.ring the noise, and Gillespie askmg for his cap, she handed him the cap and he went away. Some one gave her the `cap. she could not any who. I..._..TY--- - -nnvuv VI IIILU IIIIIIUI Ronsm N." PERDUE had accompanied the previous witnessinto the bar. .When he en- tered three 1190 lo were on the floor. Ausmun was on top, G espie and Dickson underneath. Mr. Summerfeldt was then standing near the stove. He struck no blow while witness was present. Gillespie went out into the doorway and asked for his cap and said `he would go. One of the Miss Summerfeldts brought the cap, he took it, and went away. i Saw Gillespie afterwards on nomination day and asked about his head.- The reply was that he was as well as ever. A severe cross-examination failed Tutterly to shake the witnesses testimony. Svmm:m~m.m~ A....m,._ -c in- pa... U1 one row anu nelped to stop it. He had seen one of the Miss Snmmerfeldts hand Gill- espie his cop justas he was leaving the house. He was positive as to this, thus emphatically contradicting the evidence of Switzer who had sworn that he had returned and picked the cap up on the bar-room floor. He saw no blow struck by Sumlnerfeldt, though he was there most of the time. `I5..____ 1? v\ - ~ part of the row and helped to stop it. seep Summerfeldcs hand um. " VISIT -ro BARRIE. A SP1:-6u1.1s'rs , ,,- . - .,- -..,..u..uuou1,;u. uuu had known the pnsoner for He was a perfectly peacable and an. - 2f the rm of Long Bios. the prisoner 9. lirst class ' - . ' r b. 5 un LHL` H plc wms uppcu on his back. that time. H Uicl not sv it ggite close tn I on()11g!1'tugtri1: than his (wt. N1 hun {rum M ind others run away. I nsbm ; m: u. peacame, quiet man, , but In no respect quarrel- r of Nottawasaga and VII Dl`il-mnar for AARON BOWMAN, DECEASED. Pursuant to an Order of the Chancery Division of the High Oourt of Justice made in a cause of Bannerman inst Bowman and others on a ge- tition of the etendunt Ann Jane Bowman, or payment out to her of the moneys in Court to the credlt of the said cause. the creditor-s_ ot 4nron Bowman. late of the Township of Inmsl, m the County of Simcoe, saw mil) owner. who died in or about the month of F rf. 1881. an. on or beforethe 10th day or . 883.10 send by East prepaid to Messrs. Stream own 0 Barrie. iuthecountyotsimcoe. these- iicitors for the defendant Ann Jane Bowman, their Christian-and Surnames. addresses and de- scription, tho` 1 particulars or their 011:. a. statementotthe rsoco tscnd the nature of e securities (itan) baeldullmly them : or in default ::'.:':.?::*a:m4.. sai .:...".r.*'*'=' *`" W I_)a_tMi.the as day eupru; 1383. II A n\vl\v r N or I"0Ei T0 CREDITORS 01?` I S1'BAi'av~ so Auur. c. c. sonoitm-a for detc.'Ann Jana Bgwnm. _ 1&3: walling uwnuulnu AND L301` OR TO RENT.-Nine roomed nx-at-class repair. Good Stable. Lot . corner Mary and Elizabeth Stzgels. Enquire till OM09. H-2130-D. E-uu unuu Ulb LU nn.LVf1'.-'1'l:1E Brick Home lately occuied by Mrs. Gn- ` S&mB|(l)1.8nd Dunlap Street, lgly : u;3,;VL\Jo'1QlJIJ D|JIK.I _ %{;gl2V1.)Al;I`0uI!i.\'. fgzldin . Gmgnhoubttxs anal V cnan 1-a.wrry.nn-ana Gggseberries may be obtained fro Gnongn: wuaps. gardener to MR. J. C. MORnAN. Owen , Stmet. Barrie. 17-tt I . LANTS.-ALL SORTS OF cog. smnvu-om . Bcddi are5,_,,_1,_.mg`_,_ and Vnantnhln `Plnnln Ann-I m....... ....... OR. SALE `OR TO RENT, I9;<`:_111ea_1?_y M hum mu-nan Rnmn-nu nu ._u__ bent. querulous; feeble, wan old ` man is the New Orleans description of J e`. Davis. [II III L|lUNL',L'UlulnH'\vU `VI rvnl(-nm- givcll uithoutf: rcumrkn, `further than . by Lount, ',>.(`.,- acted as (.` I) .>\lL-m` Mcl":n'Ll1y, '1.).'_`.. Pt-plcr, Jcfcndcd the priso .\ Jrvnt many jurymcu V the fulluwing tn`:-In: wen- '|`h>n,.u2-< llrury,` Mntthcv _N'\I'H, .\"lL~.\':1nder (`_.`la.rl~ (..-urg~ (':nl:1wL-ll, John (`m nl'HI1.vll. .1-h_n (.':1rluy, lluh 'Hn.~4kvr\'ilh-_ \\"m. ('lznrkuu1 I-'.v.w,u:1 lm'1;su.\' Icpo: rm-la-nt of >'unnih|`lc (`M11 `:5 H ` 'll[h'|t.lnr1l. Hillc 'Laym-r, uml zlhout with .1 man mum lL's.' 'l'hvy.wcn aw.` .;,;h at the hmr rnllhl gm :L z-ih- homo. ' In .-\u~`man,_hwxt/dr and Ni: thruugh the hm` tutu the : I-ur stow was tn the right. _imr. .\u:m1:1umil .\'\\'1t7.u u |u'1u'h in-hlllnl tl|(1V'a't,(V}\' \\'hn~n he lousswl-llntu the B -u-`luv-;<'f)lvh'1In'1| ]>h1__\'illg 1:] Imam` in {hr hill M151 I('!.lll`ll ummI1_In: in the lnnhllc of U cutcrv-1 :mi1, " Y.-`ur c rt - was f:h':1|gU1I` hm` and app [`vriu_um-r. ;\'u.~,m.m .\.'Xi|1 >4 that, and I ll ml;-' his part. turned zzmuudun-1 sahl, - -- -7" f\11.~41|1:u1 thcl1'g1 mm-k HlL`H[Ii0. 'l'l)vy the: n1n,tIu~Hum. Just at that;1 L-guns mun he-hind [hr bar an n! mm that w:1.- usul as a 1 Auamau struvk with the chi! `h:u'evmuuh a-Ill-.-t on tiillcspil at that. tx_mL- \'\-:u4 V.-truck. close to the bar ;=.1u1 the stu\' hulnl of .-`ux.~un:|u. Switzer `a then Hittilu: on the bone 4 Htaxlulixpg at thu ml of th< _"'m11:Al1L`s1 fut; .1 time and the} It was then th:_1t. prisonc-r pi( my .....I ._. ,, . ADVANCE-6Ei.ce, April 25, 1883. .. 'c5s 88S2888888E38l28888S8883? @@@@@: : : e-gs: @@@@s@g aasassasssssaaaaaesssssa OOOl~I-@OOOOOv-vOEQ'OOOO j.______j.____._.j `Or-IOOOOZQNO O5!-0'OO9lO:IOOC ' AB G.E`1')wELLI;IG AND LOT I FOR 341.11: on 'm mm-r_-n.-... ............ 10-3m . . The Ontario arid Q,u'Appelle Land Company have for : fertile land in Q,u Appelle District. No conditions of settle and get deed, or, at option, -pay one-fth cash and balance six per cent. Good water in abundance: and the}Can: trains daily through the Compa ny s lands. For Maps, Prices, Rebate Tickets, and any other infor E. B. OSLER, Managing !DIrector. J. W. H 3:.'..$83:`3888888'.3'2S88888.'i 8- I-~=eoomaoc--u=on==ha_aaa -y----~r-vo--agar:-use-rawlriicaav:GQl~IG?`D ' |--cceooaoca c--- -vcoo J)@@@C=.'!)@@ `S`8B.?8888;"3B.38.'1`.88$ .'.8883-..%": ;"w@$O-IO~!aQQOO _.-_ . _.- s.I. . ~ -----c-.-..__--. The Ontario and Qu Appelle Land Cc West. Toronto, willissue Rebate Coupon Tit to the North-West, so that purchasers the: section ofland in Qu AppelleDistrict from t Land Company will be allowed the face vali purchase money. This is quite an inducement to farmers these Tickets and purchasing at least one Qu Appelle Land Company the railway fare West write Head OER:-a (`nu tin... 'IV:..l--A, P A1 .A UISUUUNT. eople of Barrie for their liberal patronage Opening such an unqualied success. Mccarfhy s Block, Dunlap- Hw u-am: u!" BL-ck V. ('.'uncmu \\u.s uonclud- ` '.-.i ..n Satunlny, hut judgment was reserved. . ' nnm \. ::no7.I~:L1.1-:.' Tins was all action for damages for seduc tmn. aml was a most painful cage. "I`heplai1i- ml 1:: n_lnught<-,r of a farmer of Tiny, and the M1-:1-lzunt a married man, a neighboring farm- rr. Thu Huxllaiunnt swore as tn the. no-rhu-. 9-}1 AA FEE L L E ! __ _.__:._.--:.--_- zz$uNgvnsALgPnEssIoNs or ADMIRATION MARKET MATTERS. Nothing Ever Oi`J'RM1LLINERY ozamazn _--- ...... ...,.. xxppt-;1l 143110 uompany (Li D, Rebate Coupon Tickets from Sn `hrn-nl-u n n A _ AI 4L.-..`__[ I ! l:E`47l(lP'1'ION.*4 .(.'AlH~Il"ULLY COMI`0U.\'DE'lD `FT ARNOLD]. TRY %-I-1511:: PLACE v Our $|.45 Hats V anvev C0:'lSi(leted GOOD T VALUE at $2.00. _ -For` $I.25 you can buy a Hat at CROMPTON &. RYAN S the same as other stores sell at $1.75, Fbr 95. you can buy a Hat at. CROM PTON .3; RYAN S that would cost you $1.25 in any other store in Barrie. F0!` 756. you can `buy a Hat at CROMPTON &. RYAN S that would cost you $1.00 in other stores. OR` TR Y TIIE PLA CE. ' "`-"-"' I0:------2.... `"}d APpe_1Ie Company (Limited). .|l'1ssue Rebate Cnnnnn Tinlznta (`mm ...._I An - -.,,.-...., 1.11.-.`I.ll.Ul. uum me lanus owned by the Onta Tueallowed value ofsaldgtlcket on account ~ l)rug.s-, Patent bI (.1l'l.`l:)L(!8, Dye Stuffs, Sm . ' Combs and B/'usI:e.~7:. ' GROMPTON & RYAN, ;BUH;_N|MG AND LUBRIGATING 0|lS, wvwhvwyvu `` `Wm aua alter this date u .- , - . P re asers thereof subsequently buymg at [3 :e'District the lands owned b th ' ved the face valmw. nf'qgi;l `+:..l...+ l'\h .--_3.Ont.an,(.),` ALL DAY AND EVENING. 'I";1on.to and :Bja.rr1e. 3-st, Barrie. Barrie, Midland and Gravenhursf. ,_ ......-_-..--.-- - -uu `uranium V" ('.xmnIcralI- int;-x wt was o.j\citud in the trial I Mr, \u|mm-rfeldt, of Stnyner, charged with lm\'nxg mnml t]l('(lC:l.th of Mr. Sanllxc-I Hil- -'-.~|-n- \\'h_un tlw (T380 w.'1s called the_ court rwm xx`.-1.1 --rmnlml. IL was supposed thn.t m-.1rl_\' um-. third uf the .'u1uI-t male population uf,\'tu_x"mr was pr:-scuf. Iutsidcs strong cou- Ixlzgelntn from .\`mmilalc mnl Nottnwaaaga. \a It ntixteuncnt nf thu case has already appear- ul 1:: L'm::4c,mIurnms-\vu will prm-,4,-ell withthe l`\`lt1(`ll\'I` \\ithoutffurtlu-rr 1)r:1iu1inarY re.-xnmrkx. ' further saying that \\'m. |,>.(`., (,`ruwn (Juum.-il, and .\lLm (J.'.`.,, assiatctl by Mr. l -plcr, prisoner. ' were 4-lxallcngcd, but ultninutcly 1-houcn 2 '|`huu....~ Matthew Dunlap, Arthur ' _llm-\ 1-H, Clzxrk, Alexander Ross. (.mr`.:v (':unplu'H. .-\d:un Han- Hl`Hl!.Ill. - nl1_ll |Iuh('I't Neil, Jr., '11). l1n.~'kvr\'illu~, ('lurkrmn. ' to farmers and others going West, as by securing one of one-quarter section of land. from the Ontario and lway actually costs them_ nothing. Before going ickets. A '. 3. cAroN & son, iseen Like 11; Here! -,-..v -;unuu \Jl LIIUIUC IIUU. idus settlement required. Pay cash down balance in instalments. with interest at and the}CanadIan`Paci{ic Railway is running ver:-:co:r.:asA:.:.Ia. information DEALERS. IN V. HENDERSON, Manager. I8 KING STREET ulcer --nan..- .--...-..,. Aauau uuu,-c, 10 nlng Dtreet and after this date to parties going uentlv buvinzr at lnnef m..._,.......n- I. F_ C . -I - . ' was 19`1. mtness saul that Ausmxm awe lmu uni` r1;u.....:.. ....... .. 1..-..- I ____- jut -vllli KlI(\lG STREET. WEST. 1- -.--4--_I _ ' sale 250,000 Acres of choice rich lpmun-t .-.'m...:..,..J `n. ). Head Office, 18 King Street lfter fhiq Ham 4,; n....:.... ...-.-\_ address Head Ofce. -.-u u. rultlva SUIIIE-'3 ;t least one-quarter ario and Qu Appelle of rst payment of lmporfer, &c. f. 'FO_R_($NTO. ,-- v-- -v --A4:-VJ.-`L'[1l\1, 13 South west quarter of Lot 1 Con. 9. 0m, containing wacres. 45 acres cleare . well (Hm:-I, {ood House. Barn. Stables and Outbuildings. good ounf; Orchard never falling; Well. soil. It rivh clay oam. under good cult vation. One. of [lu- most desirable farm properties in the tu\vn~;l:ip. Will be sold on easy tonne. or leased for n luolh-r ate rental, for a term not excecdin 10 curs. Fur terms. &c.. appl on theiiprcmlses 0 V '.\1. 1\l.\.\ - NING. Mitchel wire 0. Mnclngsquau-e. April nd 1883. mn._ pucatlon will be made to the Surrogate (`om-r. oft e Count of Simone, before the Judge in here at wen Street, in the Town of Barrie. after the ex iratlpn ottwently da #5 from; the nx-at ublioation erecnf. onbehal of ants Graham.-of {he Townshlxixof Tay. in the County .0! Simco. wifeohlosep Graham. of the sgune place. Ger- man. the nature} and lawful` mother and "only 5':.*`:.i%. ` `m:a`%1 mu. .;*.:m1"* w omas 0 we an V n McDowell, mun: children otthesaid Janice M: Dowell. deceased. for an order up inting the said infants J Graham` guardian t th . `lgghd It Bu-rle. this ugh dag of April, A. D.. 1883. JANE! n`RAtIAu u.|.1vI:4 UL` L!'1'l.alUA'1'lUN EUR 1` LETTERS0F GUARDIANSHIP. In the maugr of the aTm1aamh.'p .,r m 1... famt Ohiltfren of J ames McDowell, Azlqqeagrcd j V ' cdtion will be mail`; Su-egaf of In Ohnmhan: at wan Rh-ant In as... m._.,, - - - _Uhemist and Druggit,}\vill be found `2 Doors West of the Barrie Hotel: BOAT HOUSE AT THO FOOT OF MARKET-ST. , _ 17.1.....; FOR SALE` OR TO RENT--FAl{M, E'.`1`.S_%E`*!_9!_!=t 18, cm ___7: ----1.5.5-' Bylthe month. week,` rjnv or hour. sun] can luv I nny hour. day or lught. (Sunday cX('(`[7G('l. Rl'PIIlIhD AC3-n- -.A-- _- 0 OD DOMESTIC SERVE \\';\\"l`EI).--Ap I) m. the Rt-gislrj.` Mrs. Showclfs Knit: mt Store. 2 doors \' Wellington Hotel. Burrle. _ .- - ---, ---.-u-o--' vi For sale by VV. C. MCLEAN. l .arrie. "'-- YAO HTS ANI) SKIFFS JOHN CARLEY, '1'): only genuine Hall Oeun nteotzlnd by F. J. c1mN'm 4 oo S'Benn of imitations. Bottled for the Ontario trade by ll Ill unnonu Ill-II- h Onreu um:-_ QNOGA 0. nu nun uuuulu u'!l(lO D] H`."W'. uossou, Welland, out. For sale hv \V 1' not w A v n., .-._ RE M 0 V ED! GEORGVE MONKMAN. 75 Cent: 3 Bo2?if' : $8.00 3 D02. nIL_ -_ _ _.__ __ up. Iiii Catmh cure ` JUTICE OF APPLICATION 1`oi{ LETTERS -01-` GL'.umI,nmum me ll.lO0f"H.l ubontonnd: 'llnrric. Nov. 3). um Iurrnnntgi run surname THE MANSLAUGHTER CASE H U! l . . I The public will find it to their advantage nu on him boforp going elsewhere. All work m;_: I mm the xrzw l RO(.'E>'.s`. nan: 11) noun at \ U 9 son: AGENTS FOR AMERICA. 7 Dey 81.. New \',. ; a` Catan mg! the I Catam: ofkln IMTFRN vvvv u "Its virtues are unquestion It: and its vurutix . character absolute. as tho wr ter can per.-.onalIy tostify; both from experience and nbscx-nu im. Write at once to Haylock & Jenncy. 7 I)uyVStr1-cl .\'ew York, enclosing $l.00._und you will rt.-coins 1: return a. remedy that wm enable you to In-1:1 Hie anybody elsq._and whose cumin-e clfcc-l.~a \\z 2 b return remedy that will enable y ut 1 -; ~ lge else. and curative ?tfcc_-(:2: 1: e errvanent. You will never regret doing :-.., ` - ditor ofMn:ncA_x~"ru.n'.lu;v1v.\v. t`L'I`oavo1dlos5 m the Mu1s,plca.sc send lnmu. ` I by Registered Letter.` ' only Imvortedby HAYLOGK & JEN N E Y ` (Late Hsylock .3: (`up mu an nn-u-no u-no AMIPDIDA '7 `Han Q9 \'..... \ HEAR wnA'iThn nmr sun It has nm-fnrtned A mirsu-In in run a... ..... ....._..u, nun: um um: us Apru, A. 1).. It JANE GRAHAM By McCAn'rmr, Pu=u:n & Mccurmv, 4` `II... n..u..x._ _- ___~._-. -- -a-aunt U VIJJ Poeitirv'7y Rcstbru lh.Haring,dnd is the on `y Ab olute Oure for Deafnea known. This Oil is abstracted from ncoulinr s cit-H (If smell WHITE Skll. ceu hi. n the Yeggw Sea. known I3 Cuwnuwnou lo: nrmrrn. Every Chinese shermen knows it. Its virtues us a nu storetive of were discovered by n [lud- dhist Priest About e year` 1410. 1!: cures wru- so numerous and many so seemingly mirachlout-. the remedy was officially proclaimed over the (in tire Empire. Its usebecamc sounlversal that f: r over 800 years no Deafness has existed among 1] u Chinese people. Sent. charges prepaid. to an 5- Address st $1.00 per bollln-.1: |'__.-- 'I`UILE.T Al{TICLES-A FULL I unqgnnau yr -5.5` : quail AIJIQS D5 1 It has performed I miracle in my case. 11 have no unearthly noises in my head and In a x- much better. I have been eatly bcnettcd. M deafness elped a. great deal think anoth hon e will cure me. VCALL AND EE7_SvEc1.i1Exs - STEPHEIx'S STUDI(). _GH|STMASl& NEW YEAR'S HOLIDAYS, Wlnnnto. On 1883 My man dmchtcwu oglrrh aum I-I r d .3 5_ ;'.`u_`Z`Z a`3_'i.m 32'a.$ d"&'5 - "':': .`g"i2`.`., . ;. --\- >--.._-.___. .....__- . jAns=~iWuITu._uTu. i F00 CHOUSIBAIBAII OF SHARES OIL BOAT BUILDER ! Is Recommended bx None bu NEXT DOOR BANK OF COMMERCE WTEJNA V. and acts the B90 11:? `lhucgm "t h":W6RI.D..:n Having Reduced I is Prices [or the \ Q'11(`l'llll.l.ABKl'.l'g \ 'IIm lnlcnnu A BUILT TO ORDER. HAL L S nforp going elsewhere. All u RO(.'E.\'S. - nngnxnz-.A.:uLln'l'.. vooamoo uuiyeauu Mann it will m cm 5' BARRIE, "I [DUNLOP-ST.) low \\ I , C C3 URES 1...! I`-ul|.._l'\L_._|_ . 183?. |\.I onn V A): J L Olr ore. '08! ln.n' W.1 Phnlclam. lVurk 31'ud~. navy Azrrll Y. Her Solicitors, 1 v`Ji1'lvJvI`{;VI')"&"\{, MA) ::.A-1883. ' 'lJlllJL/lEL.\ j-f707n:;~'3//1 dos. up. nu )f'C(11)in(l: \ rrlurn Q`) .. /ANTS lcoratlvu; taken .19. ' In. .-. "" J\1-- - OUR SPRING AND SUMMER STOCK is ` ery large and well assorted, and is comprised of` ALL w Ggops which has be_e_n selected wxth greet care. Some lines have already commenced to move out rapidly demomtratin th 1 that our Goods please and our Prices are right. V ' " D ` 8* _9 30'? IN DRESS GOODS we have the Armory, lines. Trmmi:1`s.aI1d Ribbons to match, brmse Albaass and Nlmys Cloth -Bmcadee and Pqlkadot with many her PARASOLLS andN Sun Shades in great _v_ariety. ' A Full Sto:k'of DRESS AND MANTLE SILK. Ill. 1 . . . . . A . . _ _ -:-.l I 1... 1 Qgn : :---- -__ ,7 ,.. :1--.-.5- . . _ ~- :0 T. DUFF wxsh to express thanks to their manv Customers 1 them cllurlnglg) the paft'.Seaso1l1. and would just say their Sales havehreached an `n '1 e su mg 'zbl (` T . c ' - '. .. ` LI;l)S(Izg,'llL(`)IPS 21:13:] .vc?r[y)' );11anYr1(: Oeneysods at the lowest pusme P"-cc . `Q mccwe . A Call Solicited for all kinds of _"J `ulluupxc Lllagnlgnu. J nere Was It `ref-u c they entered Summerfelnls. h`!_<`I1 Ur. \\'y|ie s, `then started for. H-xllvspxe took sick on the road and _tU amuse a friend and procure ad- Ior mm for the night. Stayed there t and they went back to Stayner the- 1in;_,l; am1_hc was driven `from there to NEW him Hm lnllnuvlnn Ann and L... mu u umrnuu wall, A ntngnuormg 13111`!- ?n- mmplamnnt swore as to the seduc- ml it_4E&lnc out "111 evidence that she h:u.'L- lgcvu nnzurricd but for it. The dc-` rm] hurt] to almw that the girl's char- ;m nthcrwisc of the worst, but aignhlly l'lu- iury after a short absence r:tur1_x- I n \`<-r-llct {(-1 1111' pIniuti' with $60`) 9. --.. ...... .... ....- r-nun uuuua IIEFARTMENT is complete. Full Stock OFSGOTGH AND CANADIAN TWEEDS, Serge and Worsted. Suits ma Also a Fine Stock 01 READY MADE CLOTHING, and Most Fashionable Felt Hats, |N STAPLES we have Shlrtings,` Cottonades, Ducks, Demms, Shirtings, Cottons, Tablig v Cottons, ready for use, twilled or plain,) Hollands, Oatmeal and Terry Cloth, Ginghams, cannot enumerate for want of space, all at Hottcm Prices. D We hope you will make it convenient to call, and our obliging Sales men will be happy to s u-uLvI " "- 11 a spr_ec_. Glflllfz ' nim algnitied hls inteutxon 0 rm` ;th'ummerfeldt's. He W85 `f 03 K0 to the house for that P P . ' 1: might have had a dozen straight. He '11 ""` ' 'I'l, out was ho} n THE h's'sIzVEsT 3'3 }'a"`315`A`}``i.`=i' 313 52.59 2F.. ?.'l-.'.`;.`:.%L`.`2..sS.e_2em. `:1 oun spams ANDSUMMER STE;-l?i.< ~. r-h has: hnpn Rplhr-far] urith n~|-not ........ u-__- 1- nieuon 2Ir'i[i'c'l}7n,;Tp }l".r'o3 I was certain he did not "or pu `pose. Gillespie drinks. but was nrettv. LINE. I SAMUEL Co('.K,BU,RN,r lives in Stnyne and is a carriage maker. `Was t=priIonet'a hotel several times nicer the~..25th of December. A -Bad a`c'opversatio'n `with-` :`isoner a'wek hftg I `II: the poafbfcej. Mr. . oMilhn was present. The convrsation turned to the Gillr xe affair. . Mr. Bummerfgldt he Itguplg once var]?-"> mug UC|lIlU|'n Cross-examination witness said-thathe did not know who asked the question. He was positivenbout Mr. Snmmerields reply. `He had spoken to Mr. Gillespie about this `after-` wards. He was in Staynap atlihe time of the Coroner : inquest. but did. not go forward and `Five evidence. - Did not think he had &}fight__ 0. Did not want to have Anythinfto do withit._ . , , , n .-__1.'_._ 12._-.'_ '1.` aL-_.-.L`-'.;A. E-` ml It -- nu uuuu pu'pUli8. Ulllple .';V_l drinks, but will m`8tt) - ,`;*'2 3- was not the worse of liquor. hoe '"~`' 110 qnurrelling at any of the other lean? _ at C:nneron's, and there Gil- umplenuzua not_.-p. principal He tried to keep br.uI :f- `_Unl1_mt remember saying at the WV -16 _(`.u_1lles;{1e haul not got all tint he do- "1 de `nllespue did use rough language.` s,,Wa`mf" 33 he saw without provoco,on. Pie Working after that, and saw him ,,_ Vim on llominntinn .....: -1...;s..... ,a....- vvuvu. nu -nun-.- Gnome Gran, 1; resident of Stuyner. was in the Summerfeldt House some time after the day of the 1_-ow. Might have been there the next day. Heard a. conversation one morning. Some one asked how Gillespie was getting along, Prisoner re lied-that he was getting aloncnll right, and t at only for liistmissuu he would have hit him another that he wouldenot have gotten over so quickly. Coutdnot say what time this was, It was weeks after the _row. Gillespiovwne then repoxztedito be get- Cross-examined by Mr. McCarthy, witness stated . that he had seen Gillespie frequently after the row. at a later period, and he then appeared to be all-right. 8a_yw_ him both at the nomination and election. Knew Mr. Sum- nierfeldt for four years. Always found him civil, and as far as he knew, he was a eacable quiet man. Gillespie was a. tall power ul man, but he could not say that he was quarrelsoxno I when in liquor. ' nu... .. ......:.:..._a. ..c cu.......... ..'.. . :.. M. G. BURIHIOLDER. farmer of Snnnidnle, knew Gillespie, and saw him at Comer-ou s Hotel, Stuyner, on the night of the row. Gil- lespie was there when he left at half-pastten. Gillespie was then sober. Saw the prisoner the next morning in his own bar-room. End a. conversation with him about Mr. Gillespie. Witness made the remark that Summerfeldt had had a rumpus the ni ht before. Summer- feldt replied that helm .. _He said Gillespie had got :1 bad racket, and that if he had gone home when he," (witness) did, he would not have got hurt. Summerfeldt then related the occurrence of the night before. He said Gil- lespie had come in and asked whose team that was at the-door. He (Summerfeldt) replied that he was to go where` he got his liquor and nd out. Gillespie then replied, don't be so saucy you --`-_- - ---," and said further that he would clear out the house and run the -- old shebeen. Summerfeldt mid that then he seized the poker and soon set- tled him. Witness stated that he had `seen Gillespie at the Cameron House just before the above conversation occurred. His head was tied up and his face was bruised. - I .. ... .. ..... ,.-.. -.----, -..- ..- .._-.. ..V......,, ...... ... D.-\\'lI) Sm'LI-zu, hurl been in SummerfeIdt`s house about at week or ten days after the row, and prisoner said he had struck Gil_lespie with the iron poker, and that if he had struck him another blow he would have put him in another world. This wltness also appeared to give his evidence rather unwillingly. and SM. more objected to the cross-exammation. He could not remember what time hew-ent to Stayner, what business he had there, what time the conv'ersation occurred, what preceded or fol- lowed it, whether any other person was present 7 or not, nor what time he started for home. Ai.ExANm:1iMn-l)oxAi. n, residentof Stayner, J implement agent, remembored the date of the occurrence, und knew nothing about it. Upon being asked if it was his team that was stand- ing at the door he" could not say. His team- ster was out that night, and might have stop: ped there; but he knew nothing about it. I I\..-... 6..-.-.. 1...! 1...... .'.._ LV...._...-..t_1.Iu- ...,.._,. \Vitncss was cross-examined on Tuesday morning but nothumg new was clecntcd from him. ICm\'.\i:i--h'\\11151:, sworn deposed that he 3 was in Huiiiim-i'fol(1t's bar on L`hristm:Ls night. i l\'ne\v.(li1lospic and saw him came into the hill` almnt eleven o cIuck. There was then ' in tlw i>:n~.Inl1ii_snn, Higgins, .\'iclilin;.:. Auaman and himself. Gillespie n'.Llll1_[)i(.'kS()ll ca.iue'into thc lmr tr);_;ctl1ci* and went intr{thc sitting mom. ilillcspic mine out alone and then haul words with Snmincrfeldt, and calledhim foul " nzuncs. Ausmnn interfered and the row pro- i grossed as related by previous witnesses. Summerfclult. according to this witness, rushed to the stove, picked up the poker, and struck Gillespie on the back of the head with it. He further swore that ..S'nnnncrfeldt struck (Ril- Ies )iC .1 sci-oiid'Mu\_v witvli the poker, on the hmiy. - - '\l7ZL._...... ....... ......... ....-.....I.....I -.. 7I"..__,'I-__ not a ---- ---- -- -- -. Gillespie was standing almut lmlfway hctween prisoner and .\uam:ui. Gillespie told Ausmnu that if he did not shut his mouth he would shut it for ,him. Gillespie then -stepped up and struck lhim. .-\usm:u1 then struck Gillespie on the . rmun uuu was buying Limb -aulumurleluli was I again, and (lillespie fellowed.. Did not see any further hlews struck then . Sew .\Ir'. Suimiierfeldt lift a weapon of some kind from the stove, a piece of wood or -iron, witness then- went around and ga\'e_prisencr a shove. lle \\'.'1s then some little, distance from the, persmi suliscquexitly injured. He stood there ' with the weapon holding it in both lmncls. I Witness did not see Suuunerfeldt do um'tl1iu' , with the weapon. ' He had his eyes on him all 1 that time and did not see a. blow struck. The utmost elllnts of the learned ("rrow'u Uounsell were unable to extract from this witness an zLdmiss inn tlmt he had seen Mr. .\'mnmei'feldt strike a hluw. He did not kuowof his own knowledge that Gillespie :wns wuuudecl. After (`lillcepie left the house he said he would like to ;.{) hack and clear the_--huuse` Item: or head" with It ehair. Ausiuan went back uni -. --.. ---- -~- -.,.,----.. .~----_-~-. BEN.IA.\llN 1'1-:.\ .\'o<'1<, waain the back part of If the huildiug on the night of "the row. lie heard `the row and went to the bar-room. There saw Summerfeldt stzuiding in `front of the stove. Ausman was near the corner of the mom and was saying that Summerfeldt was nnf, A fnnnrn urn: .. _ . , (lross-cxnmi_neul'l:y Mr. l\IcCarthy,` witness f said _that Ausman was not in the room when I Dickson came in. Gillespie lmdynot the slight. est provocation for the foul language. `He Ineitlu.-r saw nnr heard a l)lOW struck. \\'heu ` he got up .\'ummex-feldt was standing in -the ` same position aw. when he went down. 'I`lierc- I would be a yard and a half between the prisou- .- l er and the struggling parties. `)v~|v| ....u 11".. ...-.. 2.. LL- | - I I 1' uauu.-Aug, uuu UICKBUU wuuc mw ElleBl'Wll1g- room. As soon as_ Gillespie came into the room he said, I-can lick {my - - --- - in the bar, and ~- - -- - -, I can _run this - } - house and do as I please in this - --'- honsc. He then walked up to the bar'and| called Sumnierfeldt :1 -- -- -- g- and that he E could run the house. Ausmnu then Walked in from the hall and said he should not abuse. Summerfcldt while he was iu.the house. 'Gil- i lcspie turned about and euid he would lick .I Ausinan, and then bucked him up in a corner | and struck him. Ausnmn then picked up, a. I chair and struck Gillespie. Just then Sum- merfeldt came from behind the hill` and pushed Uillespichwny and then picked up the poker as if to stir the tire. Gillespie struck again at Ausmun. and the latter again struck him with the chair. They then clinched and fell, and witness in trying to get the boy up also. got down. When he gotover, Ausman was on the `-top` punching Gillespie as hard us he j could. `He saw no blow with the poker. ; He saw nothing of the cap, hut heard Gillespie ask for it. i cuter Gilleepie came in :1 few minutes after. When Dickson came in he started dancing at the side of the stove. Summerfeldt, who was behind the bar, said that was no place for dancing, and Dickson went into the sitting- soon as Gillespie came into thn B'ua".' ' .`__u- q`: mug uvn_u-cu nnv an-nv -v --1-In-v-_n`-v -`usaqvo S. Dngpgx plvlenfduring `a ` (Kl I135. DIIIJIIIIBPIBIQD ll]. Jlllli PIOKGG up we pokel, and renionstrated with Gxlleepie. -Saw ' ' Autumn strike Gillespie "with the chi: and! then turned away for a moment mg in turning again both were on thezoaxj. ._ Pnjnouer n_o_t .9 Ittike with the her as Switger had svqorn. I ' EH6 did-not thil.iEon'.'b\oiv had been nitrite} `by 5 l;i_m gt ml}, min di,~1"he` make : mqtioqto etiikp. ' E! I 1'\_--.--- 1.-.! L--- .._---._;.`.1.__:___ . 80 Wllll Allllull EHO. UUIIIPIB W019 qlIl'l'Ull.' iug. Gillispie struck the boy with his clench- 'ed fist. Sulnmerfeldt had just picked up the when. and Gxllesnie. Irnnv uuu vs a.` an This evidence closed the ca.~:e for the Crown and the court ad'oux'ned for lunch. Upon re- suming. Mr. Mc(iJa.rth`eubmitted that no case had been made out. he Crown to sustain its charge, must connect the injury with the cause of death. In this they hed wholly failed. The injury hednot been followed by the symptome that must have followed if the brain hid been injured. The testimony of Dr. Wylie was conclneive upon the point. Under those circumstances he submitted it would he impoeeihle to ask the jury to guess at the cause of death. His lordeh1p thought that he must '\re the case to the jury, but he might hnve,i the evidence warranted it, to reserve judgment. .- - uvv \u 5-vwu II-`ICU! ' .- Atnnzvr Fnnqcn was in the Summerfeldt House on the night of the row, and hearing the noise went into the bar-room. He enter- ed while Ausman end Gillilpie worequarrell- inn. 'GiIIinnia struck the how with hhrnlmmh. 1 - ' V vrixn Jsnuxl. '- _ , BENJAMIN Pnmvoox was the first witness examined for the defence. Hi: ._evidence was not qf great value. - M ' Avunuuvunl 'l.`..-u.-... ...-.. ... LI... G..-.-........1.lL UBUEUFOIIB. LIICIO WI! I10 BVIQBIICQ F1133 FRO bi-sin hn.l been injured. Witness said that he heard Dickson state that Gillespie said to him, he was going into Suminerfeldt e to raise It row. He had known Snmmerfeldt to! eighteen yeers and never knety him to strike a blow. The \ wound might Eossibiy have been made with a chain, but loo ed more as though made with the bar of iron. - . tncd _ , ..u1 IIUL -1 prlu-"Pal the pa - - I 6 nylng ace, Ind not rcmcmh r 8 Dr`: that Gi - It] at llespie "1 ` serve _ 1 Gillespie rougx And as f . , aqn. M. `E-nwfw1t:1l:1`1t.`. ;nr3`E`;`;, Saw Gillespie " tar in Stay 4 day? . I - ml electwn net nomlnaltwn, [let en 11 ` He W h nPPeu.n-ed 150 5 9"y we to man tba .did no` 3"; tfrequently d"k but rel30m- on long spruce, and was not qua` vvvu vv `A5:-IADII u 3 Aumua had gone ri ht throuvh hf: head and that be than ht he d taken cold. When he first examin the wound he did not consider it fatal not even dangerous. Did not consider the iece of bone coming aw: at all daegerone. era was no evidence t t the ininred. Witness said that he -..v vvvIol4\A vvuya nus uvunvu vvvn. Cross"-examined by Mr. McCarthy said Gillespie was out much sooner than he had ex- pected. Saw him in the early partcf Eebru- ary and he then appeared all right. He was going about bcfog-e the wound was healed. For nearly a month he was going `about ap- parently as well as ever. In witnesses opin- ion deceased was to careless, and he had cautioned him several times. When he call- ed on him, when the relapse came on, he had asked the cause of the relapse and deceased said he had gone down to Armstronszs facing. a. cold wind that had throuvh hfs head and that he thomrht he d taken cold. . nu... n sun-Ivuuq l)1:. WVLIE, of Stayner, was the next wit- } ness called. Gillespie called at his office ; about midnight on Christmas night, accom- f psuicll by Dickson and Brown`. Examined E him and found a scalp wound on the back of ; the head It was bleeding and he washed it I all and then discovered a small fracture in the 0 5 skull. There was no loose piece of bone, ap- _L: I purently a semi-circular fracture. Not larger 1 i than the breadth of his finger. There was a l ' out through the scalp to the bone, about an - inch long. and not as broad as his little linger, - l probably about an eighth of an inch. `The I wound was on the occipital bone. Applied adhesive plaster so as to draw the wound to- -._;ether and bandaged the head. The blow did not seem to affect his health that night. Next saw him about a week afterwards. _Was not sent for but was in the neighborhood and call- : ed in. The wound was not doing as well as he , had expected. Was suppurating to a certain extent. Adopted a different method of treat- ment. Saw him several times of his own ac- eord. Ultimately a piece of thebone came out. p j Saw him afterwards when he was out. The : wound was then healed up. About the last of February or the lirst of March was sent for and found Gillespie confined to his bed. He died about the 10th of March. In the interval visited him three or four. times. The first time he called deceased was suffering from severe pain in the forehead, which led to the belief that he was getting inllamation of the brain. He died from an abcess of the brain and ina- mution of the membranes of the brain. The aheess was from half an inch to an inch in front of the hole in the skull caused by the wound. In his 0 inion the abcess came from the injury to the s ull, though he would notpswear Dosi- tivelv as to that. There was no other cause apparent. A weapon like the poker described might have caused the wound. Would be like- ly to. A post mo; tam was held by witness, Dr. Stevens and Dr. Wells. Found the body that of a strong healthy man. Found all the vital organs healthy with the exception of the brain. The wound was all healed over. -pm K I (,'0U.\'1`\' A'l`I`0R.\'E\` UOTTER was called and up the matter about the whereabouts of the piece of skull from the time of the in- quest until its pxoduction in court, a mutter that had been hopelessly mndglled by the pre- vious witness. ' ....u uvvu in nu: cum "I: Ilna Ul .lllU I/um: 311100. 5 J i Cross examination revealed that this wit- ` nesa knew nothing whatever about his busi- ness, and he was 8evc)'ely reprimanded by His Lordsliip. ' . r B. - ycuuculy (HBIDUSUU. HIRAM Romans. constable of Stayner, gave an elaborate report of his vueurch after the poker and his inability to iind the same. Sunimerfeldt had had a new floor put into the bar room, and said that during the clear.n up the iron had been lost. A piece of sku produced had been taken from the head of Gillespie at the post mmlcu: examination and had been in his charge part of the time since. _..:L w. nu uiuruug, _uuu vuiy (`rnna nvnnxinnlrlnn ..........l-.1 LI.-L n.:_ .. \a\Ao Cnfoss-rxnmiqed said that `Mr. Summerfeldt ` was :1 very foqlnsh boastful talkxug man, much, ' given to blowmg, but very peucebly disposed. nIRA\l Rnun-on n!\v\a"n`\"n n6` Qt . . . . . A . n . . .- b.....b vv Iunv uuuvvlu lllcn.-um J. COLE, Station Master at Stay- : ncr, had a conversation in his oice with Mr} ' Summerfeldt. He had said, I hear that M r. Gillespie got rather roughly used at your house on Christmas night. Summerfeldt re- plied that, it would have served him right if he had got it harder. That was (ill that oc- curred. . ` -yuuvrvvll snvcu nu uiuwnug. ' W. H.` AUSMAN had been at Summer-feIdt s the day after the raw. He told prisoner that I he was sorry his brother had started a row in , his house. Summorfeldt replied that -his brother had not started the row but that it V was Gillespie and Dickson, that started it, and after detailing the particulars of the row said I that he came out and struck >Gillespie.with * the poker, and that if he had struck him again 1 he would have sawed him the trouble of going " to the doctor. Summerfeldt spoke of Pennock I interferin and of shoving him away. Was certain t mt prisoner mentioned using the ` poker. Might have said that if he had struck him :1 blow he would have saved him from going to the doctor. i l\.......... 1 /1,,_ n. .- --' -_-_. .. __- ...u-nan vvlulil-IUUo I . I Charles Wiggins, merchant of Stayner, knew the `prisoner. Had a conversation with him [some time after the row. He and another I gentleman went into Suzmnerfeldtt s to have a ldrink. He told. Summerfeldt that it would 4 not be safe for him- if Gillespie caught him_ on l the back street. Summer-feldt replied that if ' he had got` another clip at him_he would not E want to see him again. . f1, _,, .. V uuu nu unven Jrom more to In: home. Raw him the iollowing day and he zeemll pretty had, was worse on Sunday. - emexl to get no better and ultimately died <{\nth_e llvth March, Witness was in Summer- EItdtatl15- day afer the row, and in conver- h `gm Prisoner s.-ud_he wzm not sorry fo_r what t9 ml lpne, ..h_ 1 s..1d that the next tune he iafcukck lum he Intended to strike him on the 15---, l 7 .~ -wv ...... nu`-nu Cross-examined, said that. he could not re- member who it was that was in the hotel with him and could not say who treated. Summer- feldt was given to blowing. _ V I 11" Aug... 1...,1 1...-.. ..u. c.._...-_:-uu- Icuuocx puuea mm away. * V - Cross-examined by Mr. Pa 101' admitted that at the Uoroner s inquest a.ha d sworn that he knew nothing whatever about the case; but j uatied himself by stating that the Coroner said he would receive no hearsay evidence. I {.lun.1.... 1X7.'...._.'_._ , ,, 1 . .... - ' and he would have struck him again only that Pennock pulled him Cross-examined bv Mr, P.n1m- .3-.:u-.x may Customers for the; patronage so. |i`befa1ly bstowed upbn ave reached an ztmouhttar in advance of what they anticipated. )rice, receive the continued and increased support ofull old .-.v..a. ' is a nu ! \I .-.--4- ed. made to `order. Felt -44-; , _,.-....b , gvVV'ill1IIS5 \BUulI`leSS I'll` Ginghams, Muslinsand a great vanety happy_ show you tlnrough, 'I'. DUFF` nculkil wellings, (seam "!Ii'rI'C)I\lJ n p-_....4 less Pil- E DUFF & 00. _......uu:1;;:nei:, ltn(e1s%s:Iilid Ausmxmi . ` '9 03/'.a1n xi ospie was nlau-ge ,`;`,',`;`;`E` f ."`- \.\ hex; thev .wei- down Aus- and his he_y`1:-{ wztli Ins feet towards the bar Umuwige -It towju-(ls the doqr. Gillespie lay .P0!1 illlll. Gillespie was drinking, but 1' -1 ."_` 011 n_sprec. Gilles ' had notto sllilell intmxtinn nf lzing... m. .. ....... ` -`should all'>v"'a75La7i:7y"-'iJi1'u:wl71T hob hon`: - hm Caldwell. sing,':n opportnni of doin ' ` so. ` Wu notice that over A hand rasarve emng up we uonoen copneonzonwmn me song:-egstiom Ohurclymthe committee has t . . :?,2':_`*.,5: '::.~.*1*:_.%'-".;,.'s':2.;b:2.9 2 {seen us to many the vprv_ reuonable cnnigga ,via :-25 , 35'o;, andreoerved seat 750. _u "should allow `every Tons who has not heard 'Mrn. Unhiumll ninagnn nnnm-tnniiv of claim! Vv`3 .I'o`i.?2e."e. .'.`$_'e"l"Z7.'."" i .`..Z' v'3 seal: are crossed nlnndy, and_hopoto we I cro\gded- houe oulnoh Ill oocuzon. Dy HUUMJIU Ill KUUUITDI pruuuue. Crowds are visiting them in every town and city. As proof of our wonderful cures we would refer you to Mrs. Spike, Harrow Smith P. 0., near here, Consumption ; H. Milne, Kin town, Asthma ; Mr. DeBou- oherville, ttawa, Catarrh; Eli Gaverly, Aylmer, Ont.` Consumption; J. D. Arm- strong, Toronto, Catarrhal Deafness ; Geo Agar, New Edinburgh, Bronchitis and `Lunar disease : and thousands of just as` I wonderful cures which weeeould refer to. `Fm. h.l`n ........s:.... ..._:L.. A... um) nt...-..l. Q5 ~ wuuugmun cures wmcn wecotua rarer to. For information write to 173. Church St. lTorom,o, or 13 Phillips Square, Montreal, an lguuuu a plow], Durrle, two aays, May 9, 0. . The Surgeons will have with them a sup- ply of Spirometors, the invention of M Souville, of Paris, ex-aid Surgeon of the French Army, for the cure of Catarrh, Cat- arrhal ldeafness, Bronchitis, Asthma and Consumption. Consultation and a trial of the Spirometer free. Don't fail to see the Surgeons while here as they make a speci- alty of diseases of the head, throat and Lungs, and are outing thousands of cases every year that have been given up to die by doctors in general practice; - Crowd: am vinitina thnm in nun:-up '4.-`n From the International throat and lung Institute 173 Church St., Toronto, will be at Queen s Hotel, Barrie, two days, May 9. IO. ucgatuluag uuu CIKISB OI 0835.11 1113 Lorttallip read aportion of Dr. Wylie s evidence and con- cluded by telling them that if. they found the blow, was struck by the prisoner and that blow was thqimmedinte cause of death they would have to nd him guilty ; but if they were not sure, if they had a reasonable doubt, the prison- er was entitled to the benet of it. The jury then attired. After an absence of about `an hour returned a verdict of N or GUILTY. 1.uuuarm1y. ' ` His Lordship in summing up dealt shortly with the evidence, and very impartially, favor- ing neither the one side nor the other. He charged against the theory of jnatitication. Regarding the cause of death His Lordship aportion Wylie and con. - -um-~;-:itlinrii pl.1yiii;_; ehe-iuers. l~',:\\.n:In deposed that he wax u of ('m'nerB, and n lahmirer my uw ll[h'\U`vlI. Met Hillespie_ on L`hristinns Iva) 'tn_vm-i-, and 11:30 p.ni. they in mine naniul Brown, entered win tit".-a. 'l`hey. went in because they gh ihmr-zunl thought they ' gt t hmne. In the bar remn were A`!-IIl(lII_ ` .\\\'Il/ul` Niekling. He went" hm` intu the sitting-l`u(im.' The w.1.~ riglit:1s they entered the imr. .\n.~mi:ui zinul .\`\vit7.er were sitting on `I the st)\'e as they entered. l1C|Il`i.'io`ti Hill sitting-room he saw llotird a ni.....- hm It",ll|'llC(l.- Gillespie was the tidal`, and as he \`- IIFIC -~ - -- -~--." 119 was .'ippu.rently addressing |`~rnmn<>r. " Sliixiinerfelclt is not Ill p.'Lrt.'" Gillespie then ZH'UllL|\l nxnl s.-si-I, He's A stinking - " .\u~ni:m' then grnhheda chair and Gillespie. then clinched and fell on the How. zit that time. .\'ummerf4.-I-It and nicked up a bar \\.`\:4 as poker. The blow with the chair did not seem to ll:\\'(`H1U4'll iiillespie. Only one blow that time -.~atru-k. They were then stove ,(,iillespie took Hwitzer and Nickling were sitting hench. Witness was and of the bar. The two _"'H::1.'1c;l then fell on the tloor. that picked up the iron bar and went to where they were strug- Ll"*H mi the lhm: und1na_do'a hlow. Gilles- '11 llmmlinmt and '.-Xusxnun underneath, his .\`eu:r:il people.e:une in just at` rthat tune. (`un.]d not say what _the"blow did. Did see take effect. Sumjnerfeldt was glte clone to tiilleapie when he -struck, close 0f10ui:h_ tn stnl-;c him, and nearer to his head "1 H The crowd ll18lllD],.', `in prevent- fl !-In setiiiv_v't|i<\ blow take 'eIl'ect. He ether.-< uushedin and pulled Suinmerfeldt BWEY. n:+0m'l` haul the bar raised" :1 nib-as _ if M `trlliv ll SI`i,'4JlHl time, Prisoner sti I kept `Wt H`-nan lH~i l;zunl. though nothing further "9.UYIci. He learned then that Gillespiehad fone out. Went after him, and found him in Hint of (`aint-mn's hutch l*}xam_ined the back of lllH.l](`.1(lzll](l found :1 wound, just at the l-haunt the skull, and avg:-eat deal of blood ""K from it. 'l`he.uap produced was the 0" Worn hy (lillespiethat ni ht. There fr cut in enter-ct 1 hey eallt-1_on Ur, _imnc, hut(:iHt-spie `My haxitn (and od- lnfttlnce Q0! lllglltlllt ! ..xt}ml'I1lI1g and `he HI iome. Saw `PT'3tt_Y 1mt_l, Sunday. Bllg air- r. Lount occu ied his time in refu ' . MO3. thy i_ contelhtions. . He held ttnlngtzhhxh certam testunony the fact wns clear as to who struck the blow, and was ntlll further roved by the fact that Summerfeld was the on)y per- :_aon'1n_ the room whovheld _n weapon capable of mxctm the wound. received. He held fur- ther an_ quoted authorities in support of his contention, that no amount of provocation cou1 excuse the death; and nally that the medical teahmonv was that the wound caused the abcesa and the abceas caused death, Mr, zlgnfrglppke at about the same length as Mr. His Lnrnln Sn ...m...:..... .... .1-_n. ,.1_....u.. --_NotAwithntandinLgi ljhe rut_,expe_nae in 5Z.tT.?.`lEa.ffx?;?.i_.?.Z..f.5 ,'2`'+.`"h33Z ...... uu-bi -{umu ymtuuulu l.l.IiH.l. Joux MCBRIDE. a member of the Nottawa- saga council knew prisoner for twenty-three years and always thought well of him. Saw Gillespie at the Cameron House, Stayner, on the night of the election and he was then under the influence of liquor. . - This closed the defence. THE ADDRESS OF COUNCIL. Mr. McCarthy lirst addressed the jury. He held, first that it had not been proven that the risoner struck the blow, the weight of evi- ence being the other way. Secondly that if V the blow had been struck by Summerfeldt it was only after due provocation ; that Gillespie, a strong powerful man, had attacked him, a weak old man just off a bed" of sickness, and therefore the prisoner was justified in defend- ing himself with such weapon as came to his hand. And irdly that according to law it is necessary in order to maintain a charge of ho- mocide that death should be strictly, clearly traceable to the injury and not be dependant on any other cause. The evidence bein clear that there was no connection between t e in- jury and the cause of death they could not con- vict. Mr . McCarthy spoke slightly over an hour and a half. Mn T....._.|. -;__._:,1 1- n- I - -- `- .-.-u rvwvuuua Innu- Mn. GARTLAN, of and Gzwtlan gave character. | vxv `. Us - -- ...... ....u uuuusulc wcu Ul nun. ' ` JOHN (fr- Amso had never heard of prisoner being in 9. row, and had known him for many years. Always consulexjod him 9. very quiet and peac-able man. 11.. r-....... ... r -- 1- - WM. M'BE'm hnd known prisoner far seven- teen vears, and had never heard of him other . `han asa quiet peacable man. I .`nu\' llnllnvnn .. .._-__L _ p n `V . . . -_r-----cu. ucuua ALE.\' N xcoL, Reeve of Stayncr, had known prisoner for twenty years and never heard of him having a (unrrell in his life. Know him well and thougixt well of him. ` -Jnuu ll Al11v1:\1-~J-----" ' ` " ` DR. KIRKLAND, Reeve Noti it` magistrate, fteen years. respectable man. A..." 17-- V I `~` uumuuwr. or me Prisoner. Witauess Nottawaraza and-it magistrate. Had known prisoner for eighteen years. Always knewlum to be a. peacable, quiet. given to ball talking, in some. -av u uh! away. N ickling and Ausman w Wu A vnru us-u un uuls IIIIUU . He was asleep wl 1en witness went Gillespie came 1:: before he went away. Lfn ...... .. - ere there. '