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TOF OF i occurred. HORSE; "5 sm. ao | Harry Gibbs, Port Hope teamster, Toody is Found Not in County Judge's iminal Court Staff Reporter) Nov. 22.---Horse dealing 'gealled in County Crim-, "here yesterday, win, pson on the bench, when ' ody, of Oshawa, was guilty of a chaige oi black gelding, the pro- arry Gibbs, teamster of | up the evidence, just iving his decision, His the question of point Aim was: "Did they deal not deal. One savs they er says they did mot." t the defendant, Floody. 4d the horse in question fo had quite a bearing evidence Harry Gibbs Iso had quite a bearing rdiet. The case could anor thought, been taken il action courts. There te given by a number sted witnesses to the ef- le subject of a deal he. efendant Floody, and the (bbs, had been given eration, bid took the greater part of .orning. the court sitting irs and for over an hour noon. Witnesses were ith the Crown, reprasant. n Attorney J. A, MeGih- y. the defence, for who, i of Messrs. Conant and )shawa, appeared. Ml in Good Faith fing the case before the Annis made mention of it he believed his client id in good faith when he mn harse to Charlie Stan- located in Oshawa, and bv his own. He then imal belonging tn Gihbhs n the stall used by Kin own mare, the pronertv ; was the horse Floody t of the deal, Tt wae mentioned steed that ied for with Kincade a= would not nut the dea' ess he received the black longing to Gibbs. My {mentioned the fact that (hear. consumed, and, us joned, he drank a quart {8 might. have had some the deal. Two independ- es, he said. had over- prsation hetween the de- Gibbs in whieh there a trade of animals. v's animal was as wood jv another phase which ted ont by counsel. Lastly inferred that the case have heen brought as a theft, but as a civil ae- th the eivil "ow ponrts, ttorney MeGibbon asked 'tion on the grounds thai nn understanding of an between the two intep- es whereby Gibbs' horse given to Kincade. The srred to evidence which t Gibbs, on heing offer- » the railway station prior g for his home in Port e Saturday night in ques- e defendant, Floody, that ot trade, and that there e discussing the matter. tioned that Floody was get the horse; in fact flesirous of having .it that around the Stanton pry- place where Gibbs resid- arder) for a long time on ay in question. Mr. Me- ited the defendant speni the whole afternoon with also about two hours at he afternoon, horse trad- le topic of discussion. point of the Crown's re- the fact that the defend- arned by his wife not to 'orse in a deal. In fact, ly impressed the matter hat she threw a milk can band during an argument hatter. In regard to tne tried under the criminal der the civil court status. bon said this was a mat- ie judge -to decide. Is a teamster working in hile Charles Stanton own- nin which the horses be- longing to Harry Gibbs bad to deal THE OSHAWA DAILY TIMES, WEDNESDAY, NOVEMBER 23, 1927 and Stanley were A Was-at Stanton's place that the alleged theft who was working im Oshawa for about a month previous to the imei- dent which took place on September 3rd, told of meeting Floody one day about a week previously and of talk- ing horses and of asking what he He received the de- fendant's address and later called on him in company with another eamster named Stanley Kineade. He swore that Floody was quite anxious to secure the black gelding hut informed him that he was quite satisfied with his team and did not want to trade, nor did he have any- thing to trade. On the Saturday aftermoon in question, the defendant came to Gibbs and offered to take him to the railway station. Gibbs allowed this latter act and swore while in the stand there was no discussion about a horse deal. Talk was most- ly about work. Witness previously Stated that Floody jumped on the wagon and wanted to trade horses. This was on September 3. Upon his return from Port Hope, Gibbs said he went to the barn to see if his animals had plenty of food and water. Witness claims that is the last thing he does every night before going to bed. When he en- tered the barn, he noticed a strange horse in the stall occupied by his animal and also saw his black gelding in Kineade's stall. Witaoss then went into the house and asked Mrs, Stanton "what the idea wav" but at this point Mr. Stanton him. self entered and related that Floody had taken the horse and made the changes on Saturday night follow- Ing his return from the r flwayv station, Gibbs said that St nton claimed that Floody had made a deal while at tha station and had come back to his (Stanton's) place and proceeded to the stable where he removed the gelding and maae a trade with Kincade. That same night the two, Kincade and Gibbs, went to the Floody resi- dence and demanded the horse, but the latter refused, saying that a deal had heen made and that he was go- ing to hold Gihbs hy the transac- tion. "T told him to bring the hovse back, if he didn't. want any further trouble." said the witness. Questioning the witness, *7r. An- nis of the defence, asked Gibbs if lie did not accost Floody and say, "What have you got in the horse line," or words to that effect. Witness denied this claiming he has never dealt with the defendant. The witness recalled visiting Floody"s home and while there ms- cussed horse trading. He also re- called the milk pail pitching epi- sode by Mrs. Floody in which the latter tried to impress upon her hubby not to deal with Gibbs. Wit. ness also mentioned drinking beer und having a few words with Mr. Stanton. Stanley Kincade, also a principle in the horse deal, was called and told of incidents in connection with the affair. He offered to take the black gelding provided Floody could arrange a deal with Gibbs. »¢'lnody was then to take Kincade's horse. The witness told of seeing the de- fendant in Stanton's yard on the Saturday afternoon and evening. He was also present when the Aefend- ant returned from the station and said he had completed the deal with Gibbs. "All the time you were there, Gibbs refused to trade with Floody?" asked Mr. MeGibbon. "Yes," witness averred. Mr. Annis' examination was nus. ed on the part which Kincade wa to play in the deal. Made Consideration That Floody nifered $10 and a load of hay as part of the transac- tion was brought to the court's at- tention by Charlie Stanton, also a teamster of Oshawa. Asked in re- gard tn the becr, witness claimed both parties were perfeetly sober and knew what they were talking about| Witness also told of the de- fendant returning to the yard fol- lowing Gibb"s departure for Fort Hope. Asked what the defendant said, witness replied, "Me trade horse with Gibbs." He thereupon proceed- ed to the stables and made the change. Stanton assisted Floody home with the mare because she was a kicker. Stanton was the last defence wit- ness called. Mr. Annis called a nephew of Mr. Stanton, R. Cameron, and asked him what he knew of ihe horse dealing. He told of driving into his vnele's yard on the might that Floody was there changing the korses. He also swore that Floody had said that he had traded horses with Gibbs. Floody, who had been sitting ir the prisoner's box since the case opened, was called on his own be- half. and told of meeting Gibbs on the street one day and of being in- vited imto a wagon to see how the horse went. He did this and 2 deal was talked of. He said he offered Kincade $10 and a load of hay for his horse. Asked if he paid the load of hay, yet witness stated he had not, in view of the faet that there has been trouble over the Matter. Asked by counsel if there had been an argument at Stanton's witness said yes, and that he took one of the principles away from the scene in order to keep peace. Querried in regard to the tleft of the horse and to the incidents which oceurred on the Sunday even- ing when Gibbs returned home and ard found his horse in the wrong stall, Floody said Gibbs and Kin- cade called at his home and wanted the latter's horse back. He refused saying to Gibbs: "You traded and you know you did." Witness said the man replied, "I dido't," and a le argument ensued. Town Attorney MoGibbon close Questioned Floody in reghrd to his anxiely to zet the horse and the lat- ter admitted he wanted it to com- plete the deal. The Crown also dealt at length on the fact what Ploody's wife impressed that pon: | that he was not to trade with Gibbs. So greatly did Mrs. Floody feel that the trade should mot go through, Mr. McGibbon urged, that the pri soner's wife used the milk can. Floody admitted this. saying there had been a little fight. ; Mrs. Floody called, said she had told her husband not to deal with Gibbs. She said she knew the lat- ter from when they lived in Port Hope. She said there was consid erable talk of a trade between the two parties. She thought her hus- band had a pretty good team and that he should keep it. A touch of humor was added when Mr. MeGibbon again used the milk pail incident as material. "You im your husband not to trade, in fact, you impressed it upon him so much that you used the milk pail, didn't you?" "Yes," smiled the witness, en- joying the point as much as the handful of witnesses and spectaturs. Heard Discussion Mrs. Wilke, a neighbor of the Floody's, stated she overheard Mr. ----- ----r---- Floody and two men talking about a horse deal. but she did not know who they were. She heard ine amount of $10 memtioned, but did wot know whether it was paid or not. It was dark in the evening and she could not see. Witness claim- ed she was sitting on the door step 23 of her home. The Floody r iy t in jumping and Tam is just the distance of a short lane away. Mrs Wilke could not tell how much this distance was. The fastest talker that has been encountered by the court stemo- grapher in years faced the court as a witness in the person of Joe Ryan, a former boarder at the Floody home. He said he also heard the discussion in which the $10 was mentioned. He did not see the money pass between the interested parties, though. Recalled, Gibbs stated he did not make any deal with Floody as the defendant stated had been com- pleted. Kincade also stuek to his story when recalled to the box. MAY SEND CANADIAN TEAM Montreal, Nov. 23--A Canadian Olympic team composed of four rep- resentatives, one from the Montreal district, one from the Ottawa dis- rict, one from the Ottawa district, a third from the far West and a fourth from the Middle West, equal- ning, to represemt the Dominion im the Winter section of the games at St. Morita, Switzerland, site of the Olympic Winter events, is the aim of H. P. Douglas, Montreal, presi- dint of the Canadian Ski Associa- tion. Mr. Douglas is now working upon securing a grant from the Ca- nadian Olympic Committee for this purpose. and if successful will turn his activities towards picking a team from the best amateurs in the coun- try. EDDIE ONSLOW SOLD Rochester, N. Y., Nov. 23--Man- agare John H. Ganzel of the Roch- ester Baseball Club yesterday an- nounced the sale of Eddie Onslow, veteran first baseman in the Inter- national Leagpe, to Birmingham, in the Southern Association. 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