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THE OSHAWA DAILY TIMES, WEDNESDAY, OCTOBER 19, 1927 Sessa" PAGE ELEVEN - -- -- pp ------------ da bk oT Pa from page 10) | Port {Ctpttiug tom suse. 2) Mr. Stuart, answering the disputed ques- tion. : Received Mail "With regard to the mail, who receives it?" asked Mr, Denison. "I do, in my office, when they are addressed to 'The Times" or "The Daily Times', 6% Prince street," replied witness, '"Have you received any opened letters from the Post Office?" he was asked. vo "Yes, three," answered Mr, Stuart. When produced as evidence, it was shown that of the three let- ters, one was from Port Colborne; another, which was unopened, was to a classified ad box; while the third was from a subscriber who declared that he did not want to continue taking "The Daily Times" of Port Hope. "Did you send any letters to "The Times?" Mr. Denison inquired. "Yes, Mn. Taggart, Mr. McLeod and myself sent a total of five decoy letters to The Daily Times at Osh- awa," Mr, Stuart replied. "What were they?" was the next question, "One was a personal item mailed in Bowmanville 'but which did not reach our paper, but was printed in The Oshawa Daily Times,' declared witness, : "Did you send any other?" he was asked. . "Yes, a man named Ingles, posted one with two dollars in it asking for a subscription to 'The Daily Times', replied Mr, Stuart, "Mr. Brown, Mr, Ingles and myself were present at the time." "Did you ever get that letter at your office?" Mr, Denison inqoired. "No," was the reply. "Did Mr. Ingles get a receipt for his money?" asked counsel, "Yes", was the answer. "Did The Oshawa Daily Times éver send you the money, received by them as this receipt shows?" Mr. Denison continued, The bench interjected a piece of reasoning here, asking, "Wouldn't it be logical for Mr. Ingles to write and say to stop the paper, that it was not the one he wished to subscribe for?" Cross examination of the witness was then made by Mr, Grant, who asked Mr, Stuart if he knew Mr, Ingles. "Yes," was the reply of witness. "It wasn't his money,' alleged counsel, "No," Mr, Stuart admitted, "It was part of money raised for Just such purpose, wasn't it?" de manded Mr. Grant. "I suppose so," Btuart, "You have no circulation man- ager in Oshawa," suggested coun- sel. "Yes we have," declared witness, "He looks after entire circulation of the paper, and formerly had his of- fice in Port Hope." "The Editor 1s in wes the next question. "Yes Mr, Stuart renlied, "But you have no editor in Osh- awa?' inquired Mr. Grant, ~ "No," was the admission, "Then a letter to the editor in Oshawa is the wrong place to send it," declgred Counsel, "It Shoujl be sent to Port Hope," referring to one of, the disputed letters that had been addressed to '"The Editor', "You were correspondent for The Daily Times of Port Hope in Feb- ruary, were you not?" asked Mr, Grant, Mr, Stuart admitted this and that the same conditions existed in March, but that he became branch office manager in May, Opened Office In June "But youn had no office in May," declared Mr; Grant, "Not until June," Stuart, "You told my learned friend the month before the paper was issued in its news form," pointed out coun- sel, "But your office in Oshawa had no name on it before August?" "No, it didn't," was the reply. a al guessed Mr, Port Hope?" asserted Mr. "The plaintiff, for which you formerly worked, let you go because you did not follow instructions." "yes." "You hold no friendly. feelings toward them, do you?" continued Mr, Grant. '"We'ré not enemies," witness, "When you were correspondent, did you know of any subscriber in Oshawa?" asked counsel. "No," it was admitted. "You did not canvass for new customers until after tha paper came out with place name Oshawa?" sug- ested Mr. Grant. "No," was the answer, "You did no work except corres- pond?" it was inferred. "No." News "Leaked Out" "I read in your paper of July 5, Mr. Stuart, a diatribe against The Oshawa Daily Times, in which the ohrase, 'when the news leaked ou that we were going to Oshawa' is written, So the news did leak out notwithstanding the fact that you aid you did not try to keep it quiet. In this statement in your own paper true or untrue?" demanded Mr. Grant. "It is untrue insofar as leaking out is concerned," confessed wit- ness, Witness was then re-examined by Mr, Denison, who asked witness who 7ald the first month's rent. "I turned over a cheque," replied Mr, Stuart, identifying the cancelled check produced as the one he used. "Were you in the office onthe date of this check?" witness was asked. "July 17?" queried Mr. Stuart. Mr, Denison said that was the date. "Yes, I was in the office," stated the witness, countered Alderman Gives Evidence .D. A. J. Swanson, K.C., Oshawa so- licitor and member of city council, remembered having conversations with both C. M. Mundy and A. R. Allo- way concerning the coming of the Port Hope paper. Asked to tell these conversations with approximate dates, Mr, Swanson said the first one, with Mr, Alloway, was very shortly after the conclusion of the Cobourg assizes in February. Having a short casual talk on this date, Mr, Swanson told Mr, Alloway that Conservatives had dropped the idea of raising money to start a po- litical paper, and would possibly try and bring the Port Hope paper into Oshawa. "When was this?" he was asked. "Before - the end of March, at lat- est," was the reply. "What did Mr. Alloway say?" Mr, Grant inquired, "Oh, nothing, we just had a short casual talk," Mr. Swanson answered. "You saw Mr, Mundy again?" he was asked. "Yes, I was talking to him ahout the council or something near the end of April when he asked me what I For Better Values DIAMONDS Burns' Jewelry Store 23 SIMCOE S. PHONE 389 Cash or Terms -- $149 i Fleece Lined Come binations. { Lead er Dry PRICES REDUCED 82 Simcoe St, 8. Phone 740 1--1926 Chevrolet Coach Loaded with Extras 1--1923 Star Touring Very Cheap Chadburn Motors EYESIGHT SPECIALIST, Subnormal vision ade to inac- eyes 1s PE Ts, Aronomy! Fahrenheit--cold starts to damage your motor. Your car must be equipped with Auto- shift radiator protection won't do. You forget--you neglect--and damage goes on. Don't trust your memory. Equip your car now with the onl Shutter The Only 4 39 Eh ¥ ols Radiator Shistier on the Market y Automatic Radistor on the market. $29.25 to $36.00 $19.50 a FRONT Buy your Automatic Winteriront from Auto Dealer or P A. G. or refer to District 3 Street W p- 110 knew about the Port Hspe Times. told him I'd dropped interest in the project, but thbught that they were oing to bring the Times of Port Hope to Oshawa," declared Mr. Swan- son. "At another time, about the end of June--I won't fix the date closer than I had been called into. the office about leaving the council chambers the night before in company with Russell Stuart," explained Mr. McLeod. "Mr. a week or ten days previous to July 1, I brought some pictures of old events in Oshawa into Mr. Mundy's office, where I stayed for over two hours looking at these pictures and others," continued Mr. Swanson. "We were both interested in the pictures, as both of us grew up in Oshawa, and had common remem- brances. Mr. Alloway came in and said something about the Port Hope Times coming into Oshawa," said Mr. Swanson. il "You mean The Daily Times," cor- rected Mr. Denison. ¥ Calle it Port Hope Times "Oh, I term it The Port Times," pointed out witness, The bench made comment here when counsel tried to make the change of name, pointing out that in the issue of July 4, The Daily Times referred to itself two or three times in a short paragraph as The Daily Times of Port Hope, "You cannot want anything plainer than that, surely," exclaimed His Lordship. The case proceeding, Mr. Swanson continued with his testimony, saying, "I told Mr, Mundy I didn't favor the method of printing a paper in one place and distributing it in another. Mr. Alloway said the paper would not be a success because Canadian Press service would likely be withheld from them." "It was just another casual friendly conversation and Mr, Alloway made a bitter attack on Mr. Brown, which wasn't far from my own opinions," evidenced Mr. Swanson, : "Was anything else said?" queried Mr, Denison, "Mr, Alloway told me Brown was a bankrupt in Oshawa which would have injurious effect on the newspaper. He wanted to know when the paper would enter the Oshawa field, and I told him about August 1," declared witness, "Mr. Mundy said he had a press to give the Times if it had enough money to pay for it," concluded Mr. Swan- Hope on, "Is that all?" asked counsel, "I recollect that I saw Mr. Mundy in July and spoke of changing the rame as stealing a march over the Port Hope Times, He said he though they had put it over," finished the wit- ness, Cross-examined by Mr." Grant, it was shown that the "steal a march" statement was made after hoth papers had given notice of future policies, Mr, Swanson admitted that ever since 1911, there has been talk of either bringing in or starting a conservative paper in the city. "In February, after raising some money for the purpose, it was found we did not have enough money to buy The Reformer and not enough to start a paper. Later there was a sug- gestion to bring the Pope Hope paper to Oshawa," declared Mr. Swanson, "Wasn't that in May?" interposed Mr. Grant, "I have no memo, but only a re- collection," remarked Mr. Swanson, "but I believe it was before May." Producing his diary, Mr, Swanson showed he went to Omaha, Nebraska, on April 30, and was positive it was prior to that time, Sent Decoy Order Walter J. Ingles, 892 Yonge street, Toronto, was the next witness called, declared that the order which he had written to "The Daily Times," en- closed with a two dollar bill, asking for a paper has not been complained of, Mr. Ingles was a witness for the defendants who were trying to show the plaintiff was getting some of their circulation, Bi "Did you reject the paper?" asked Mr, Grant. "No, sir," was the reply, "Are you still taking it?" was the next question, "Yes, sir," stated the witness, who was then motioned out of the stand, Frank Manton, of Manton. Bros, Toronto, shipped an order to the Port Hope paper, and upon receiving a complaint about it not arriving, found it in Oshawa. "You addressed the stuff to Port Hope and the truck driver left it at Oshawa?" asked the judge. "Yes, sir," was the reply. "Rather S "He was rather a stupid man, I think," was the bench's opinion, "Why did you ask the truck driver what he did with it?" asked Mr, Grant in cross-examining. ; "Because Mr. Brown was saying he did not get his consignment," was the reply. : : "You have nothing against the Osh- awa Daily Times, have you?" queried Mr, Grant. : . "I hope not, we're ' good friends, concluded witness who was then ex- cused. Frank Manton, jr., the next witness, showed that another consignment of goods was in the warehouse in To- ronto when he started to check up on it following Mr. Brown's complaint. He declared there was no way of as-, certaining where it came from... F. J. Taggart, advertising manager of The Daily Times printed at Port Hope, and former advertising solici- tor of The Oshawa Daily Times, gave evidence that the employees of the latter paper were told generally of the change of mame the day before the blic knew it. P Did you have a talk with Mr. Allo- way while you were on the staff of the paper then called The Reformer, con- cerning the coming to Oshawa of the Port Hope Times?" Mr. Denison ask- ed him. "Yes, during the first two weeks of June," Mr. Taggart replied. "What took place?" he was asked. Rumors of "Mr. Alloway called me into his of- fice, told me there were rumors of the coming of another Javer to Osh- awa, and told me to keep my ears open and hear what I could," answer- ed witness. : 2 "Did he mention any names? ed counsel ask- particular time," Mr. vi that gh a ied, "but when I reséirned .8 Mernoon there was a paper coming from the 1] Times. oo "Anything else?" asked Mr. Deni- son, "He spoke of Peter Brown and Rus- sel Stuart in connection with the pa- per," was the reply. "Did you speak to any other ex- ecutive of the firm about this paper?" Mr, Denison injuired. "Yes, to Mr. Wilson, the advertising manager," Mr. Taggart replied. Mr. Grant made an objection here, declaring that Mr. Wilson was not cne of the firm's executives. "I'm not sure of that, I will not uphold the objection," ruled Mr. Jus- tice Rose. "What did Mr. Wilson say?" asked Mr. Denison, . "He said there was a paper coming to Oshawa from Port Hope," was the reply. "Did yon speak to any other execu- tive about the matter previous to June 307" queried counsel. . "No," came the answer. Difficulty Collecting Advs. "As advertising manager, do you find any difficulty collecting advertise- ments?" Mr, Taggart was asked. "Yes, I do," was the reply. "What is the difficulty?" Mr. Denison. : Mr. Grant opposed this question as being hearsay. The objection was overruled by the bench. "The chief difficulty," proceeded Mr. Taggart, "was that pecple did not think the paper was permanent. They thought it would not be operating in Oshawa after this case was cver." Witness told of a small ad in a de- coy letter sent by Mr. Short to "The Daily Times," Oshawa, which appear- ed in The Oshawa Daily Times. "There was one dollar in the envelope to pay for the cost of the ad," wit- ness declared. Gs Cross-examined by Mr. Grant, Mr. Taggart declared he had not asked Mr, Stuart which paper he meant when he said an eastern paper was coming to Oshawa. iy ) "Why didn't you?" Mr, Grant asked him, "I wasn't interested," was the reply. "Are you a newspaperman?" asked counsel, "Yes," was the reply. "But you Grant in he was interrupted by Mr. Justice Rose, who in a tone of sur- prise addressed witness, "Your em- ployer sends you for information. "Yes, if I heard anything to keep my ears open," Mr. Taggart replied. "But he wanted information and sent you for it," reiterated the bench. "Is that the story?" "Yes" was the answer, pursued weren't--" began Mr. |to. en _ opening?" asked counsel. "No, July the first was," replied wit- ness," but we were hanging fire try- ing to buy out the opposition paper in Port Hope." "There has been some discussion re garding the heading of three places," pointed out Mr. Denison. "Can you | "Yes, I felt that in fairness to the three offices, that their names should appear under the heading," Mr. Brown explained. Denies Allegation Witness than denied the allegation that he was trying to imitate the plaintiff's paper. "In enlarging the paper, how much did you spend?" asked Mr. Denison, Counsel for the plaintiff objected to the question, but Mr. Justice Rose alowled it to stand, "We spent about $25,000," declared Mr. Brown, Counsel for the defendants then waived the witness to Mr, Grant, coun- sel for the plaintiff, who askde Mr, Brown if he had been head of the company called P. L. Brown, Limited. Witness admitted that he had been at the head when it failed. "You held 130 shares of stock," de- clared Mr. Grant. "I can't tell you the exact amount," replied witness. "There were 187 shares altogether," suggested counsel, "I can't say exactly," was the answer. "It was a printing company in Osh- awa which failed?" asked Mr, Grant, "Yes," replied Mr. Brown. You took hold a small weekly. paper, The Times in 1923 having 200 suscrib- ers ers?" suggested Mr, Grant. "No, I should say 250 to 500 sub- ceribers," was the reply, "500?" exclaimed counsel. "Would you place the subscription list at 500?" "Well, 250 to 500 was the reply. "Then you can't tef- me exactly how many subscribers you had" suggested counsel. "I should think that a small paper, set by hand, with only four em- ployees, and of which you were re- porter, advertising manager, circulation manager, and mechanical superintend- ent, would not have so many subscri- bers that you couldn't remember how many, You can tell me if you want "I'd say 250 subscribers?" said Mr. Brown, "How long was it a weekly?" he was asked, "Four or five months," was the reply. "Then a daily with the same circula- tion?" suggested Mr. Grant. "Not after the campaign and the A.B.C. audit," amended the witness. "You were covering only Port Hope "And yet you didn't fecl interested enough to inquire further when you, are told that an eastern paper was | coming into the town?" questioned His Lordship wonderingly. i Mr. Taggart was through as a wit- ness, and Norman McLeod, former re- | porter on The Daily Times of Port Hope, and former member of The | Oshawa Daily Times staff, was called. | He told the court of being in the office of Mr, Alloway about May 5. i Alloway was very angry, and said, 'Don't you know Stuart is going around | trying to get ads for the Port Hope | paper? Why do you want to be seen | wiht him? You know Peter Brown | failed here paying only a few cents| on the dollar, and Stuart, whom you don't know as well as I, is dishonest, | Don't trust him, and do not be seen| with him, " was the answer given by, McLeod, "Were you not dismissed by Mr, Alloway for failing to carry out in- structions?" asked counsel, "Not the principal reason," was the reply. PWas there another trouble?" Mr. McLeod was asked, "No," he replied. i "Did he not complain again?" asked counsel, "Oh, there were two or three ses- sions of it," replied the witness, ; "Didn't he write you a letter dis- charging you because you did not fol- low instructions?" "Yes," was the reply. Peter L. Brown : Peter Laurie Brown, managing edi- tor of The Daily Times printed at Port Hope, was the next and last wit- ness called by counsel for the defend- dants, " Times in 1923 when it was a small weekly, and that in March, 1924 the paper became a (dail in Oshawa from 1924 until August 22, 19272" asked Mr, Denison. 10 to 25 "From ten to 25, fluctuating," was the reply. : "You have had a period of expan- sion lately?" was the next question. "Yes, and we bought a new press," replied Mr. Brown. When you published a weekly, what size was it?" asked Mr, Denison. "Four pages," answered witness, "What size is your daily?" asked BE war he "Eight pages," was the reply. "What Kind of press had you?" in- quired Mr, Denison. : e had a press capable of four pages, but now have one capable of eight pages," answered Mr. Brown. "When did the proposal first come up to go to sObhawa?" asked counsel. "In February," was the reply. "What did you think of Mr, Stacey's evidence?" Mr, Denison inquired, Stacey This was held to be an objectionable uestion, and in reply to another, Mr. i answered that Mr. John Stacew ex-mayor of Oshawa, was origina- tor of the idea that the Port Hope Times extend its territory to include Oshawa, "When was that?" he was asked. "Near the end of February," Mr. Brown replied. "What did you do?" was the mext question. "There was a meeting in March in Mr. Ryckman's office, with Hon. E. B. Ryckman present, and the compan) decided to publish in Oshawa if it could," Mr. Brown declared. "The what?" Mr. Denison asked. "We had a meeting with Mr. Stacey in March and he assured us of his We looked to the other end, Brown declared. we got busy to launch the on a larger scale," the witness continued," and Oshawa, a growing city, should be our base. I interviewed Mr. Stuart, our inch Wianiaer e told me it was the Port Hope He declared he began work on The ly, "Mow much circulation haye you had; ra at that time?" asked counsel, 'No we were covering Port Hope and surrounding district of Durham and Northumberland," replied Mr. Brown, "Just what js included in that district you speak of?" asked counsel, An A.B.C, audit was produced, with the names of towns and number of sub- scribers, This audit showed the paper went to Port Hope, Millbrook, Garden- ville, Newtonville, Bewdley and New- castle, "Oshawa is not mentioned here," Mr, Grant noticed, "You had no circulation there at all," he suggested. "Yes, we had 10 to 25 customers there as. well as customers in Port Hope and territory in a radius of 25 miles," Mr, Brown amended. "Can that he ascertained?" asked counsel, A mailing list for Oshawa of Febru- ary, 1906 was produced, which showed seven names, of which one was ex- changed and two were sent free to ad- vertisers, This left four paid subscri- A list of December, 1926, showed 13 names, of which 9 were paid subscrib- bers, Seventeen names were fisted on a mailing list of June of this year, of which 13 were paid subscribers. Of the thirteen, John Stacey was one. "This is the first time Mr. Stacey was on the mailing list?" suggested Mr, Grant. * No, he'd been getting a paper since December, 1926." "His name is not on that list," point- ed out counsel. "But, taking your last and most favorable list, you have thir- teen subscribers in a town of twenty odd thousand people." "Who is Addison | Brown was asked. "A man whose parent nam: 1s Adamson, who lives at Port Hope and works on "The Daily Times," was the answer, "You are the editor of that pa- per, whose duty is to supervise all leading articles?" suggested cuun- sel, "Yes," was the answer. Mr. Grant, pointing to a story on page nine of August 22 jof The Daily Times, asked if that story iwere a leading article. "No, that is a news story, written without my knowledge," replied the witness, "Did you object?" asked counsel. "Afterwards, yes," answered Mr. Brown. "Too complimentary to you?" Mr. Grant suggested. 3 Mr. Brown thought so. "It is" substantially corréet, how- ever?" asked counsel. "Yes" was the reply. "Possibly you will agree to this," said Mr. Grant, reading: "Editors who work in city offices served by world-wide news gather- ing agencies and backed by mechan- ical equipment that operates up.to the last notch of high speed pro- duction, can hardly vision the stren- uous task that faced Peter Laurie Brown, when in X5%> ue decided to resurrect "The Times" in Port Hope. Resurrect is really the right word for the tiny weekly known as "I'he Times," was generally conceded to be "the deadest sheet ever pub- lished." This journalistic "Living Geath" was set. by hand, ome girl Mann?" Mr. Yiland one boy slinging the type to- gether and a total circulation of two hundred copies was printed on an old cylinder press. Undaunted however, Peter Laurie Brown: "dug himself in" and he continued to dig out--digging a way out." | happened to the other two," con- t| jectured Mr. Grant. "Only two hum- subscribers mentioned, yet you at least 2560. How fis that?" phe 1dred say "There are only two staff mem- bers told of here, I wonder what Proved safe by millions and ASP prescribed by physicians for Rheumatism Neuritis Headache Toothache Colds Neuralgia Pain Lumbago DOES NOT AFFECT THE HEART WARNING! Beware of Counterfeits There is only one. genuine "ASPIRIN" tablet, If a tab- let is offered as "ASPIRIN" and is not stamped with the "Bayer Cross"-refuse it with contempt-itisnot "ASPIRIN" at all! Don't take chances! \ Accept only "Bayer" package ee that Aspirin which cont2ins proven directions. Handy "Bayer Also bottles of 24 and 100--Druggists. Aspirin is the trade mark (registered in Canada) of Bayer M acidester of Salicylicacid (Acetyl Salicylic Acid, "A. 8. A.' means Bayer manufacture, to assist the public the of Bayer Company will be stamped with their general trade mark, the "Bayer Cross." boxes of 12 tablets anufacture of Monoacetic- A"). While it is well known "But it was ever published,' ed Mr. Grant, "Tt certainly was," asserted editor, "Well, then, tell think of the next quested Mr. Grant read, "It was in March of 1924 that the weary months of hard effort first began to tell, the editor he- coming the proud possessor linotype, published his first jus: "The Daily Times." True, h editor of a daily paper, but he also reportBr, advertising manag : circulation manager and mechanica superintendent." "It was a pretty poor sheet, wasn't it,"" commented Mr, Grant. "That is the paragraph I objected ,"' explained Mr. Brown. "It wasn't bothering anyone in Oshawa at that time, was it?" Mr, Grant resumed. "No, but it the witness. "You wanted the larger press of the Oshawa Daily Times, which is a duplex press used for small dail- fes and large weeklies," suggested Mr. Grant. : "I'm glad you admit it is for small papers, because The Oshawa Daily 'the deadest was jt?" sheet qusetion- the me what paragraph," continuing you re- to of to is now," exclaimed For Vou PHONE 22 poi oi. Thompson's Drug Store 10 Simcoe St, 8, We Deliver Oshawa Luggage YOUR INITIAL FREBR On Suit Case or Club Bag Saywell & Son BOND ST, WEST BOYS' SCHOOL SUITS | AtiSpecial Prices C. W. DETENBECK KING ST, EAST Times is still using ed Mr. Brown, (Continued un page 13) it," exclair Y. ISIT your local Water- man dealer and see there the wor ul new NUMBER SEVEN PEN--with its red, green, purple, pink, blue or yellow band around the cap. The colour band indicates the style of nib, RED is a stan- dar : manifold the salesman's friend; PURPLE, a stiff, fine point for accountants You will be new WAT SEVEN. See it today. 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