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5f i leading weekly for whitchurch markham pickering and uxbridgetwps av vol 56 no- 44 the tribune stouffville ont march 15 1945 ten pages gets damages after second court supreme court awards 10000 to fred mowdcr in alienatiou of wifes affection case for the second time in two years a supreme court jury late thurs day afternoon awarded damages of 10000 to fred mowder claremont storekeeper in his action against robert g roy of toronto for alienation of his wifes affections by roy the action was heard by a special panel- jury in ontario county supreme court at whitby with mr justice a m lebel-pre- siding hearing of the- evidence re- quired eight days the jury in assessing the dam ages awarded mowder 6000 for alienation of affection and 4000 for adultery costs of the acuon were also allowed the plaintiff the writ charged that the offenses occurred between january and july 1943 the action was first heard at the fall assizes in 1943 when a jury under mr justice kelly awarded i mowder the same amount of dam ages an appeal was entered in the spring of 1944 by roy at which time the previous verdict was set aside and a new trial ordered application for a change of venue for the second trial was made be fore mr chief justice rose but this was refused leave to appeal this decision by the defendant was allowed by mr justice hope but the appellate division refused to interfere in presenting the case to the jury mr justice lebel asked that they answer four question these were as follows s rt wasthere any adultery committ- ed between the defendant and the plaintiffs wife answered yes if so when and wheve was it committed answered at the roy farm on may 30 1913 stanley theatre announces change of ownership city man takes over this week sir schmidt leases theatre after twentyone years in show business in stouffvillc a change of management in the stanlev theatre is announced this week with the leasing of the busi ness to mr pat barnes oi toronto mr barnes is an experienced show man of longstanding and operates a number of other theatres in other ontario towns including campbell- ford deseronto and london exten sive alterations are planned imme diately for the stanley including new upholstered seating sound equipment and a new face on the front of the building by the instal lation of the large electric marquee beginning next week there will be three changes of program every week with two shows each evening and a saturday matinee for the kiddies- it is not without some regret that we see the name of schmidt pass from the entertainment business in stouffville where it has flourished now for twentyone years three other wouldbe picture magnates tackled the job of promoting a theatre in stouffville before mr schmidt took over the reins in octo ber of 1923 in what was known as the auditorium theatre which was operated on the upper floor of the present building however as sil ent days began to dim and govern ment regulations became stricter the pressing needseemed to be for a onestorey fireproof building equipped with sound and so it was that on july 13th 1932 the present stanley theatre opened its doors to the public steadily increasing patronage due in no small part to the superior line of features shown have necessitat ed many improvements over the years as a factor in bringing crowds to town the stanley has played an important role in the community scheme and has gone far in putting stouffville on the stationed at orillia if the answer to the first question map as the hub of interest for a is yes at what amount do you assess damages for adultery an swered 4000 was there any alienation of t he affections of plaintiffs wife by the defendant roy ahsweredptcs what amount do youassess dam- ages for alienation answered 6000 charge to jury impressing upon the jury that it was their responsibility to judge as to the facts of the case and that they must deal only with the evi dence as presented in this particu lar- trial his- lordship in his charge pointed out that they must take into consideration the conduct of the plaintiff as well as that of his wife and the defendant he warned that the allegation of criminal conversation is a serious one and he told trie jury that it was up to them to weigh the evi- dence of mr and mrs glen flow ers as against that of the defen- dant and mrs mowder in determin ing the truth of the allegation v referring to the contention of the defense as regards a plot or conspiracey on the part of the plaintiff hislordship pointed out that there would be a distinction between ascheme in his own mina and actual plotting with the flow ers to injury roy and that his mere intentions would have nothing to do with the fact that his wife and the defendant spent the night of may 29th and 30th 1943 alone in the latters part of the house with particular reference to tlie alienation of affections aspect his lordship said that here again the actions of the complainant were important as were those of the de fendant in short supposing she had a real affection for her husband at the time roy came into the pic- ture was that affection lost because of the latters action in considering the question of damages his lordship warned that these who could- not be punitive but only compensatory and that while damages might be awarded for adultery even though alienat ion of affections did not result the amount should be increased if it continued on page six wide area the appreciation of a progressive community is extended to mr and mrs schmidt for their publicspirited endeavors in the business field of stouffville mrbarnesis welcomedasah ad dition to the business life of the town and his experience in the field of entertainment will no doubt go far in further advancing stouff ville as a thriving community canvassers start on red cross drive this week the canvassers whose names were printed in the last issue of this paper commenced their drive over the town for that 3900 objective as stouffvilles share of the present red cross drive so much has been written about the work of this organization that everybody should he ready with their gift when the proper people call on you some canvassers have not got started but by next week the work will be well in hand and probably finished 5 if everybody in town gives as they did in- the last campaign or perhaps a little better stouffville will again be proud to stand at the head of the list fort towns of its size in york and ontario counties claim dominion agriculture measure will frlarrn egg production in this district jack davis who is training with the canadian army at orillia is a son of mr and mrs kr davis of stouffville jack spent some months in the airforce prior to going into the army he received his education here and was employed in toronto for some time before enlisting former pastor heke rev chas mcgrath former bap tist church pastor here was greeted by a large audience last sunday evening on the occasion of his visit to his former church here mr mc grath is pastor at kapuskasing in northern ontario ss convention march 29 plans are completed for the annu al sunday school convention of markham township to be held at victoria square united church pn thursday march 29- thespeakers as announced are rev dr george little and rev j e mallis there will be afternoon and evening ses sions and the general public is in vited especially the sunday school township school area is advocated for whitchurch fight sale of stock in newmarket era council agreed to publicmeet ing to fcel out the ratepayers public school inspector om mackillop declared before whit church council- on saturday that it was his firm hope and belief that it a township school area was set up i for the municipality the school rate asking an order of the court re- would be lower than the ratepayers scinding the transfer of 25 treas- were now accustomed to pay shai 10 wi p muiock cafe tfza f sections which would be operated acti against mr muiock and the under a fiveman trustee board that newmarket era and express ltd would do all the work of the pre- sh court before mr justice sent school section trustees if the ss- township adopt a township area mcmurtry out ing the case present school boundries would be ffif vmarket wiped out and old trustee boards era agreed with mr owner disbanded one qualified secretary j of tne expressherald publishing would do all the clerical work for co to amalgamate theirassets staggering sum for children ix york county official estimates of tlie payments on familyallowances place ontarios share at 75 million annually the ontario- liberal news has broken this down by counties based on 1911 agegroup ratios the unofficial figures indicate a month ly distribution in york county- of rural- 355407 urban 1161918- total 1417325 enroute to india v miss anna steckley missionary on furlough- has left for philadel phia on her long journey back to the- mission field in india heise hill church was filled sunday even ing for the farewell service a the whole township it was agreed to call a public meeting to discuss the proposal and if council is given any reason able support they might be expect ed to adopt the new system since individual members strongly be lieve in it a township school area said mr mackillop for the administra tion of schools is a unit which may contain two or more or all of the sections in a township one board of fivemembers elected by a gen eral vote administers the area for school purposes in the formation of an area the natural boundaries of- the church school and business community should be given consid eration he said there are now 248 areas in the province resulting in the union of 1423 schools he pointed out that the councilof any town ship may with the approval of the minister of educationand the con sent of a majority of the whole number of members of the council pass a bylaw before the- first day of july in any year setting apart the whole or any portion of thej township as a conditions of the agreement said mr mcmurtry were that the paper be known as the newmarket era and express mr hebb was to get 161 shares and mr muiock 136 with the latter getting an option for a certain time to purchase from hebb 25 treasury stock shares in the company at 100 each defendant wanted to purchase these shares after the time of option expired but mr hebb refused sale rppofnlef lyons selected by defendant- and norman l matthews appointed by plaintiff and defendant over the objection of mr hebb the directors voted transfer of the 25 shares to col muiock said mr mcmurtry- progressive farmer henry talbot dead landed in canada over go years ago without funds he came to own one of the best places in his township actively engaged in farming in the township of whitchurch for half a century eli henry talbot passed away on wednesday march 8 rather suddenly since he was ill in bed only a few days although he had been in declining health all winter mr talbot was in his 87th year deceased was a native of sumer- setshire england and came to this country when a young man he often recalled that the voyage took 17 days for they had no fast clip pers in those early times and sail ing boats or slow steam boats were the common means of ocean trans port mr talbot never forgot the fact that he landedjn ontario with not more than a shilling in his pocket hence he had to start from the very bottom yet by diligence and good judgment and by the aid of a faithful life partner he came to theday when he could view his own broad acres the product of their joint ingenuity henry talbot was one of a fam ily of eleven children all of whom are now dead excepting one brother and two sistersin england landing in this country over sixty years agohenry talbot soon adjusted himself to farming condi tions in ontario tie chose as his life partner sarah jane sageil of west york and the couple started farming in king then after four years located at vandorf in whit church where they remained for 15 years when they bought the present homestead at lol 12 con 6th 39 years ago from mr isaac lemon who was here from west ern canada only recently and visit ed the old home with its fine 16- roomed brick residence which he built besides his faithful wife mr tal bot is survived by six of a family the three sons are charles in the usa george talbot on the 6th of whitchurch arid walter of stouffville the three daughters may mrs bert staley nellie mrs ross harper on the home stead and miss grace talbot in toronto mrs talbot sr is 82 but is a splendid conversationalist and possesses all her faculties in a re markable degree there are 13 grandchildren of whom five grand sons are in the armed forces had mr talbot survived another two years the couple ild have celebrated their 60th wedding day during their residence at van dorf they joined the wesley church and the funeral service on friday afternoon was conductedby rev d davis of stouffville united who made fitting reference to the neighborly spirit of- the deceased many lovely flowers bore silent tribute to the high respectin which deceased and his family are held the pall bearers were messrs roy morley orval drewery ross win- terstein elmer wells stewart rae and- jaclarke interment was failure to instal a refrigeration plant for the egg grading station of om madill at altona- means that the station will be closed by order of the dominion dept of agriculture within two weeks un less the threat contained in a letter to mr madill from mr a f currin in toronto is modified farmers are up in arms said mr madill to the tribune and are only waiting for some one to organize a strong protest individ ual protests have been made and one farmer west of stouffville who delivers his eggs to the altona station has sold his flock he was thinking of giving up the egg pro ducing business and while unde cided he sold out because of the threat to close down the altona station the press is informed hardly any plants have refriger ation around the district the in stallation is expensive amounting to some 700 and few stations want to invest this sum mr madill pointed out that the whole thing to him is unnecessary only two weeks in the year he says would the plant be needed that is about two days per week during july and august could it be justified even then mr madill points out that his eggs market safer coming out of just a cool room rather than coming out of cold storage toenter the market and re main in the heat until sold from stores they would not keep so well from storage just as any other commodity from storage must be disposed of smartly ere it spoils the two summer months july and august when refrigeration is claimed to be most needed egg production is at its lowest and eggs are not left lying around since the demand exceeds supply so they move fast those opposed to en forcement of this dominion mea sure point out nearly onehalf of our custo mers declare they will stop the egg business said mr madill who handles some 40 cases a week or 1200 dozen ifthe madillplantisforced out of business through the action of the dominion grading regulations one wonders what will happen to all the other plants around the country stouffville gormley green river etc the tribune con tacted three or four and learned that not one of them have refriger ation but are given a lease of life on the promise that such refriger ation would be installed ratcliff co at stouffville are booked to capacity consequently if the altona station is forced to close there is going to be some high sounding protestsjhrough the highest source one farmer said the general opinion among farm ers is that the ever tightening measure on the egg business is just a means of squeezing out small dealers in country places thus forcing the farmers to sell direct to big business as they put it training at shilo 9 arnold scliell son of mr and mrs wesley schell of stouff- ville is in training with the army at shilo camp man arnold was educated in stouff ville and was attending toron to university when he enlisted congregational shower friends gathered at the united church on tuesday evening to honor mr and mrs chaskerswell newly married couple rev davis acted as chairman and the couple were presented with a table and easy chair there was a short musi cal program and mrs kerwells sunday school class- assisted with serving lunch community halls to be memorials porkers demand top prices bert staleysfarm auction near goodwood last week was put down as one of the best in that section for a long time the marked im provement in the prices of horses featured the sale when a mare 4 years sold for 110 and a gelding 8 years for 101 cows topped 160 with calf 20 extra the herd averaged 100 fat heifers went for 95- and one sow fetched 75 six weeks old pigs 750 and 10 weeks at 10 indicates pork is going to be dear the ontario government intends tointroduce- a bill at the present session of the legislature- to allow municipalities to erect community halls instead of cenotaphs- hon g h dunbar provincial secretary an nounced this week the bill will beawaited in stouff ville with considerable interest as a hall is so badly rieededhere of course the board of education is working hard on a plan to provide an auditorium at the school that would answer all purposes in the meantime council is holding the site on main street near the station and while the location was attacked by a few as unsuitable there is still a very strong element hoping that this will be the final place for such a hall since it is very central and convenient and provides good park ing facilities the board of education plans are taking shape however and will in- elude as a first step a new boiler room and coal bunkers- outside the present building present boiler in the school is very old and is doing an uncertain job that may break down any time new boilers of the type requiredcouldnotbe obtained short of eight months after an order isplaced demand for extra copies ment in counties and on the actual assessment in territorial districts of all rateable property in the township school area such ad ditional grant however shall not be less than 150 nor more than 300 for each school section which has become part of the township school area this grant is paid to the board of trustees of each school township school section entering the area in the area the bylaw takes effect on the25th day of december in- the year in which it is passed after that the old boundaries of school sections cease to exist year of formation in order thatthe assets and liabilities of school sec tions at the time of entering the township school area organizat ion may be adjusted asreadlly as large group of friends were present jonai vthefpepartiiient of educaaon said mr mackillop pavsanadditionthls grant is continued each j flrant equal to one mlllcaljyear andjis simtoronto to see miss steckley off the equalized assess- of the township school area stouffville coop annual meeting the annual meeting of the stouff ville cooperative is called for friday afternoon march 16 to be held in the municipal hall at stouffville inasmuch as the organi zation has been- expanding in a business way and adding at the same time to its membership the past year the annual meeting will undoubtedly be well attended with added interest during the year the coop purchased the sangster property at the corner of main and albert streets for use as an office and apartment dwelling which is allrented r nonmember farmersare invited to the annual meeting y r 7 messrs samfretz and russel grove are spending a few days at fort week where mr frtzhasa daughter arid mr grove our article last week entitled noahs ark is found in ice con densed from life digest mel bourne australia certainly made good reading and brought a flood of orders for extra copiesof the tri bune one school ordered enough papers to provide a copy for each student the writer of the article in lihe digest declared i am positive we are holding the ark of noah enjoyed chicken dinner mrs ida kidd and mrs susan shankel were guests at a chicken dinner served by mrs joan lewis east of town- on tuesday mrs lewis father mrharmon yake was another guest such social events sound like the good old days when folks took time off for such pleas antries there should be more of it however lets hope the v will soon be over when folks can relax engagement mr and mrs roy stewart of good wood announce the engagement of their eldest daughterdorothyber nice to william robert joseph youngestsoti mrs asoriattehdlhg bible uxbridgethe school there r rit place the middle of aprilsrv s lions and their ladies gather mrs smith o toronto wife of dr neil smith of this town was the guest of honor at thelions club meeting in thev high school on monday evening it was the occas ion of ladiesvnight- when the fair sex were the guests of the lions at the chicken supperserved by the mayfair and for a very interesting program whichyollowed in an informative address mrs smith told of the workfshe tookpart in during the heavy days of the blitz over england when she went over seas with a nursing group to work in the heavy industrialized birm ingham district j among children the speaker said that this was her first visit to stouffville and natural ly she felt quite thrilled with the event likewise she was told by other speakers that the members and guests were equally thrilled to meet her since this would shortly be her home- the program included a quizz contest conducted by lcmurphy a picture contest in charge of har old spoffoid arid solo numbers by mrs don chadwick and carl boad- way dr s s ball proposed a toast to the ladies alid mrs frank riches- made reply president andy wil liams presided m v f- ivan goudie rcaf is home from dauphiri man r p births ctt morrisat the brierbush hospit- ijalji stouffville drivmarch 13 1945 tbmrarid mrswliham morris ae adaughteril v -s- f f tlsl igp aytn