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" THE OSHAWA, DAILY, TIMES, TUESDAY, JULY 31, 1928 ) - ED Reserve Judgment in - Case Over Seizure of Beer Made in Whitby Much Evidence Heard to De- cide Possession of 60 ' Cases of Ale in Custody of Police -- Those Con. nected With the Shipment Called -- Nothing Irregu- lar in Clearance Papers (By Staff Reporter) Whitby, July 31.--Magistrate J. HE. Willis reserved judgment when application was made before him in police court yesterday by S. W. Burns, K.C., of Toronto, for pos- session of 60 cases of beer recent- ly seized at Port Whitby harbor by Chief of Police Gunson. Mr. Burns was appearing for Geo. E. Waters, who claimed to be the ag- ent of the man to whom the liquor was to have been shipped. G. T. Moore, of Sodus,- NY. A. W, Young, of Mimico Beach, Toronto, flso attended the hearing and gave evidence as agent for the Kuntz Brewery Co,, Waterloo, licensed manufacturers, Considerable evidence was heard and under questioning of Crown Attorney J. A. McGibbon, of Osh- awa, many interesting points were brought out in connection with the export liquor business from this province to thirsty America, Mr, McGibbon was frankly of the opin- jon that unless Waters could iden- tify himself as Moore's agent, the ale could not be surrendered to hint, The Toronto lawyer contend- ed that the evidence showed that all customs regulations had been 'complied with and that Waters' oath should be sufficient to identify himself as agent for the American importer. Chief Gunson testified that the liquor arrived in Whitby on the evening of the 11th in a trues, Barly on the morning of the 12th he had gone to the harbor and no- ticed that 18 cases or sacks had been loaded on a gasoline 'launch, He stated that the local customs officer, H. L. Taylor, was present, and he demanded if he had clear- ance papers in his possession, The answer being in the negative, he ordered the ale to be removed from the boat while the customs officer and the master, Waters, proceeded up town to secure the necessary papers, On their returm; the chief stated that he inspected the pa- 'pers and also gave them to Con- stable John Thomas, who in court verified his statement that the pa- pers gave clearance for 120 pack- ages constituting the full ship- ment, On the morning of the follow- ing day Chief Gunson, according to his evidence, again returned to the harbor and found that the smrall boat had left with only 60 casuy, while the balance remained upon the truck in which it had been conveyed from Waterloo. He then seized the liquor and the truck, re- leasing the latter upon the instrue- tions from the crown attorney. Waters, when called to the wit- ness stand, stated that he was cap- tain of the vessel which left the harbor with 60 sacks of ale, 'The boat he described as a 26-foot speed launch with a 6-foot 6-inch beam, drawing two feet of water. He claimed that it had been hired by Moore in whose service he had been employed for several months, He stated that when he left Whit- by harbor he had received clear- ance papers for 60 packages, while another boat was expected from Oswego to take the balance,' This however had been disabled, ac- counting for the delay during whieh the seizure was made. The number of his boat he gave as Q-1473, whereas a triplicate of the clearance papers produced by the Crown Attorney gave the number as 60243. A. W. Young, of Mimico Beach, Toronto, who superyised the ship- ping of the beer from the harbor and claimed to be agent for Kuntz's export business, with terri- tory extending from Port Colborne to Whitby, offered to give evidence. Young is a tall, well dressed mun, and be informed the court that before taking up the agency ne had been a sign salesman in the United States, "Would you be surprised to learn that the Kuntz Brewery Co. denies having any connection with you?" Mr. McGibbon asked bim. When the answer came in the affirmative, Mr. MecGibbon assured him that such was the case. Young stated that he had no interest in the seizure other than it had been made in his own territory. Asked bow the order had been taken, he replied that Moore had undoubted- Jy written to the brewery for it. He received 15 cents a casé for all liquor exported from his territory. This was the second shipment which he had sent from Whitby. H. L. Taylor, customs officer, produced copies of forms and docu- ments to show that there had been nothing irregular in the clearance papers issued. He denied ever fis- suing papers for the full 120 cases as one shipment, stating that this would be contrary to his duty as customs officer, because the boat could not held more than 70 cases os & maximum, ig bis opinion. FIFTH OFFENCE OF INTOXICATION, IS CHARGED BY POLICE On his fifth offence for being intoxicated, Phillip Duncan was arraigned before Magistrate Hind in police court this morning. He did not elect to plead, but asked for a remand, which was granted until August 8, when it is possible that Duncan will have a lawyer to defend him. Duncan's previous offences range from July 12, 1927, to about Easter of this year. He is out on bail of $2,000. DEATH AT HAMILTON TO BE INVESTIGATED Hamilton, July 29.--Following the death tonight at the Mount Hamilton Hospital of Mrs. Florence Smith, 74 Alanson Street, Coroner D. G. Mecllwraith ordered an in- quest, William Smith, 3 O'Reil- ly street, husband of the woman, was charged in Police Court last week with assaulting Margaret Clarkson, his sister-in-law, The hospital when Smith, it is alleged, went there to visit his wife. Mrs, Clarkson refused to let him see her sister. The charge was dis- missed hy Magistrate Jelfs. During the hearing of the evi- dence, however, George Ballard, Crown Attorney, said it had been charged that Mrs. Smith's condi- tion in hospital was due to the ill treatment she had received from her husband. When Smith was asked regarding this, he stoutly ae- nied the charge. The inquest, it is said, concerns the charge which Smith denied in Police Court. TOURISTS CROSSING BORDER COME IN GREAT NUMBERS Windsor, July 29.--Each suc- ceeding week-end during the past month has seen new travel records established in the number of cars crossing from Detroit to the Cana- dian Border Cities, according to estimates taken hy officials of the Essex County Auto Club. Starting with the week-end of July 7, when close to 150,000 people entered Windsor and Walkerville fzom the United States, succeeding weeks have seén even larger quotas of au- toists cross the river. Auto lines in Windsor fully a mile and a halt long, returning to Detroit, continue for hours each Sunday night. The same condition obtains at Walker- ville, special officers doing police duty there say. TWO KILLED IN MICHIGAN Detroit, July 29,--Former Sher- iff Irving J. ("Duke") Coffin of Wayne County and his adopted daughter, Evelyn, 10 years old, were killed, and two women were injured late yesterday when Cof- fin's automobile crashed head-on with an interurban car two miles out of Rochesters, 356 miles from Detroit, Evelyn died instantly. Her father succumbed an hour and a half later in St. Joseph's Mercy Hospital, Pontiac. Mre. homas Warner, a sister-in- law of Mrs, Coffin, was badly bruis- ed, and probably internally injured, doctors said. he other, Leona Jas- mund, Mount Clemens, a maid, suf- fered a broken leg. SPECTACULAR TRIAL FLIGHT TO BE EXHIBITION FEATURE Ottawa, July 28--Arrangements are being made between the Postoffice Department and the authorities in charge of the Canadian National Ex- hibition to have a trial air mail flight carried out, with Toronto as the central point, during the period of the Exhibition. An amphibian plane will start at Windsor and fly east- ward via London, Hamilton and Tor- onto. At the same time another plane will begin a westbound trip from Quebec, touching Montreal, Ottawa and Kingston, to the Queen City. The amphibians will descend simultaneously on the lake in front of the Exhibition Grounds, and will take off again to continue their trips to Windsor and Quebec respectively, Special air mail stamps will be is- sued, it is e d, and opportunities will be accorded the public of taking advantage of the occasion. FIRE SEVERS POWER LINE; ONE LIFE LOST IN EBEC East Templeton, Que, July 29--A power wire carrying 550 volts fell on Oscar Pilon, aged 27, during a fire here yesterday and he was in- stantly killed. He was helping to carry out furniture from the hotel belonging to John Maloney when flames from an adjoining house were spreading to the roof of the hotel. A bucket brigade kept the fire in check and only a portion of the roof was burned. The power line ran in front of the hotel and jit is thought the heat caused the wire to break. Pilon wae rushed to the hospital of the International Paper Company, but the doctors found he had not sur- vived the first shock. CHOKED BY WHEAT DUST Port Arthur, July 30--William Pat- terson, Peter street, was overcome by wheat dust while working this morning in one of the bins of the Grain Growers' elevator, and the pullmotor from the fire hall had to called into service before he was re- stored to consciousness. He is now recovering ia the General alleged assault took place at the NEW ADDITION T0 CENTRAL SPRING C0. OPENS SOON New Machinery Installed Will Be in Operation in Two Weeks EMPLOY 200 MEN Plant Can Produce 1,000 Tons of Springs in Month Instead of 400 Within the next two weeks, op- erations will commence of the new machinery which has been install- ed in the Central Spring Com- pany"s plant on Ritson road north. This machinery is being placed in the addition made to the building during the past year, and when fully under way the company will be able to manufacture 1,000 tons of automobile springs per month, instead of the 400 tons formerly possible at peak production, About 200 men will be employed at the Oshawa plant after the new machinery is put in operation, says T. A. Adair, manager. Among the new equipent is an electric fur- nace, which is used for drawing the temper on the steel, and a large oil bath machine, in which the hot steel bars are imersed to harden, after being shaped as re- quired. Crude ofl has always been used as the heating medium prior to the installation of the electrie furnace, and the oil furnace will still be used for the lavger sized springs. The chief advantage of the electric furnace, - Mr, Adair points out, is that it will handle a much greate rvolumne of steel than the oil furnace, not that it will speed up the operation, as temper- ing of steel is not something that can be hurried successfully, The addition to the Central Spring plant exactly doubles the floor space which is now 320 by 150 feet in a one-storey building. The addition of 820 feet by 8¢ feet was built onto the rear of the old plant, and it {sg completely fjll- ed with machines that will more than double the volume of auto. 'mobile spring manufactured by the company. A 'large part of tne production of the local plant is purchased by General Motors of Canada. - APPRECIATE WORK FIRE DEPARTMENT Three Encouraging Letters Received Expressing Thanks for Services Three encouraging letters have been received by the local fire de- partment over the past week, thank- ing it for the splendid service and efficiency which it has shown. These were from Mr. and Mrs. J. W. Clarke who reside at Conant's farm on the road to the lake, whose barn was struck with lightning last Friday, the Ontario Malleable Iron Company Limited and W, H., Sutton and Com- pany, The note which came from Clarke family is as follows : Mr, and Mrs. J. W, Clarke and family wishes to thank the Oshawa Fire Depart- ment, the crew of the Oshawa Rail- way company and the neighbours, for their help and kindness during their recent fire, The Ontario Malleable the following letter; Fire Chief Elliott, Oshawa Fire Department, Oshawa, Ontario, Dear Sir:-- We wish to show our appreciation of the services rendered by the Osh- awa Fire Department at the time of our recent fire and enclose herewith a cheque for $50 for the Firemen's Benefit Fund. Yours truly, The Ontario Malleable Iron Co. Ltd, Per S. M, Smith, Sec. Treas, In appreciation of the services and courtesies rendered W. H. Sutton and Company while they were re- wiring the alarm system, $15 was sent as a donation to the Firemen's Bene- fit Fund. REX HARPER MOVES INTO NEW STORE Only about two months after ex- cavation began, Rex Harper, former- ly of 79 Simcoe street north, moved into his new store this morning in the Tuck Block, across the road 'from his former butcher store, at number 74 Simcoe street. Mr. Harper is rightfully pleased with his new store, it being along the latest design and quite spacious. Mr. Harper had been in business for six years in his for- mer store. SENTENCED UNDER L.C.A, Welland, July 28.--Claiming that 96 bottles of ale for four men to consume in three hours was nothing unusual to beer lovers was the defence put forward by Harry Nixon of Welland when he was charged with having liquor for sale. Magistrate Goodwin, in pass- ing a three-month sentence, stated that Nixon's story was deliberate perjury. Nixon claimed that personally had consumed 30 the Iron sent "Jides in that period. x TORONTO STOCKS (Supplied by Stoble Foriong & i ) . Stock High Low 1.30 bestos .. 29 - 29 29 Abitibi ,.., 48% 438 Bell Tele. 161 160 Braz, ... 64% 53% Br. Amer, 37% EES Bromp. 40 40 F.N. Burt 67 67 Carl, 30 Ask Cn. Brd. Ch, Br, Cty. Dry. Int. Pet, Loblaw , Ms. Hr, S. Station Sh. Wht. Hr. Wal. 55 Amulet 415 Abana . 345 Argonaut 4% Br. Hol. 41 Pat, .. 19% Eedford 41 Beaver 95 Bidgood 56 Cn, Mn, 89 Ch. Hg 14 Cs. Cop, 39 Bid Dome ., 823 Howey . 96% Holl, ..1065 Hd. By. 1825 Jk. Mn. 89 Kk. Lke, 164 Keeley 50 Bid Kt. Fir, 21 Lv. Que. 13% Lb. Ore 21 Bid Macas. , 24% Mandy ,, 325 McDoug. 40 Mecln, ,,2235 Malar. , 129 ML, .,. ', 3% Mn, Cor, 335 Nipis. ,, 340 Noran., .6370 Pion, ,, 51 Pd. Ore. 1360 Potter, 9% Prem. . 235 Rb, Mnt, 17 Sn, An, 49 8d, Bs, 1776 Sh, Gor, 670 Tk, Hgh, 85 Tow, ., 86 Wr. Hr. 309 NEW 64% 401 339 4 34 1.% 823 94 1050 1820 88 155 '20 13 24% 310 40 2235 SR 1 1 3 330 340 6210 2018 1350 8 235 17 45 750 660 940 360 305 17 47 760 661 941 356 309 YORK STOCKS High Low 2 p.m. 93 915 92 (188% 188 188 174% 173% 173% Balt. & Ohio 107 107 Briggs Mfg. 36 35% Can, Pac, ,.208% 207% Can, Dry ,, 74 74 Chrysler ,,, 78% 77 Congoleum 23 22% Dodge "A" 15% 156% Dupont ,,.372 372 Gra. Pa, ..,, 31% 31% Gen, Asph, 731% 73% Gen, Mot. ,193% 191% Gold Dust , 90 90 Hudson 83% 81% Hupp .. 67% 56% Int, 60% 69% Int, Nickel 95% 95% Int, Paper 69% 69% Mt, Wrd, ,,183 Mar, Oil ,, 36% Mack Trek, 903% Man. Elec, 5813 Phil. Pet, , 38% Packard , 738% Pan. Amer, 421 Radio eo 176% Srs. Rbek, ,121 Sin, Oil .,, 25 Stan. Oil ,, 44% Studebaker 7% Simmons ,, 60% U.S. Rubber 33 U.S. Steel .148% U.S. Leather 453% Wiys. Ovid, 21% Woolworth ,182% Wr. Aero. ,160% Vic. Talk, . 92% Yellow Cab 335 32% Cur, Aero. .104% 102% Money rate 7% per cent, FARMERS LOSE HOPS IN ALBERTA STORM Calgary, July 80.--Sweeping a strip two or three miles wide, from Black Diamond, in Thunder yal- ley, to north of Macleod, in the southern part of the Province, sat- urday night, a heavy hailstorm completely wiped out crops on a number of farms, and damaged others from 10 to 75 per cent. Heavy wind accompanied the hail and flattened some grain, but the intensity of the hail varied in cer- tain districts, - While wires are down in several of the farming communities, and only partial reports have been re- ceived, losses of 100 per cent have been claimed from some of the hail insurance companies. Reports from High River, Vulcan and Parkland indicate the storm was the heaviest at these points. Poultry was killed in farmyards, one calf is re- ported killed, and window panes were broken by the hailstones. Stock Amer. Can, Atchison , , Amer, Tel, ven 663. Comb, 69Y% 94% 69% 179% 36 90% 58% 38 78% 42% 172% 119% 24% 44 70% 59% 32% 141% 45% 21 181% 156 91% CARDINAL TO PAY Visty Montreal, July 29.--His Emin- ence Cardinal Louis Sincero, who sails on the liner Megantic from Havre on Aug. 11 for Montreal, where he will officiate at the con- secration of the mother house of The Name of Jesus and Mary, in Outremont, is coming here on the invitation of Mgr. Gauthier, Arch- bishop of Montreal. Archbishop Gauthier will meet the Megantic at Quebec and will then accompany Cardinal Sincero on board ship to "Montreal. | oY FINE PROGRESS ON LIBRARY ADDITION Brick Work Which Adds Second Story Completed Hoot Bg Lad Rapid progress is being made with the $5,800 addition to the Osh- awa Public Library, the contract for which was recently let to the Goy Co. Ltd. The brick work which adds a second story to the annex recently built at the rear of the library has been completed and the roof is now being laid. By means of this second story there will be a large gallery practically running across the width of the main hall. This may be di- vided into several reading compart- ments while the walls will be lined with shelves containing hundreds of books. The addition will give much extra space to the institution, en- abling it to offer better service to its steadily increasing patrons, while at the same time the building will not cover any more land than it now oc- cupies, ENJOY TRIP BY BUS AND BOAT Mrs. H. A. Wakelin and Party Visit Kingston and Thousand Islands A trip through the Thousand Is- lands was arranged on Saturday, July 28, by Mrs, H. A, Wakelin and a party of 34. The party travelled to Kingston by bus and before em- barking enjoyed the sights of that historical city, . They left by boat at 2 o'clock for the fifty-mile cruise by way of the Gananoque route. They went through the Admiralty group, past the swift waters of Fiddler's Elbow and the Canadian Palisades and then stopped for an hour at Alexandria Bay, The return trip was made by the Ameri- can channel, past Thousand Island Park, Frontenac Island and Clayton, arriving in Kingston at 9 p.m. This trip is well-known for the remark- able scenery along the way and the party in its entirety thoroughly en. joyed the opportunity of seeing Kingston and the beauty of this wa- terway. Recent Deaths MRS. FELIX MACCHI The funeral was held at 2.30 o'clock this afternoon from Holy Trinity Anglican church, of the late Eliza- beth Louise Williamson, beloved wife of Felix Macchi, whose death occur- red quite suddenly at her home, 18 Jackson street, last Saturday after- noon, Previous to the service at the church, which was conducted by the rector, Rev, Capt. 8S. C. Jarrett, a private service was held at the fam- ily residence attended by relatives and intimate friends. The late Mrs. Maxchi came to Oshawa with her husband, fifteen years ago, having formerly resided at Bucnos Aires, Argentina, and London, England. She was loved by all who knew her and during her stay in this city made many warm friends, Her death was' unexpected and came as a shock to her husband and family, Interment was made in the Union Cemetery, the pall bearers being Messrs. E. Attersley, N, At- tersley, H, Howard, H, Carter, S. Canfield and W, Shemilt, all of Osh- awa, An abundance of beautiful floral tribute testified to the affection and esteam with which the deceased had been h:ld. A pillow of flowers was the token from the family while lit- tle Gloria. Attersley, grandchild of the deceased, gave a sweet bouqu:t of flowers picked from her own gar- den, A cross was received from Mrs, B. Attersley and family while wreaths were received from Miss Rena and Mr, Leslie Tamplin, Mrs, Morris and family, Rebekah Lodge No. 3, Core Room (Fittings Ltd.) and the Robson Leather Co, Ltd. Sprays were sent from Mr. and Mys, Hawley, Miss Vera and Mrs, Stan- ley Bowers, W. T. Shemilt and fam- ily, Mrs. O'Connell and family, Mrs, Howard and family, Mrs, Chas. Mc- Donald and family, Mrs. Robt. Mc- Donald and family, Mrs. Wilcox, Mr, and Mrs. Wilson, Mrs. Yardley and family, the Tapping family, Mrs, Howell, Miss Rachel and Mr, Harry Bercham, Mrs. Howell and Mr, and Mrs. S. Canfield. : The late Mrs. Macchi is survived by her husband and two daughters, Mrs. B. Attersley, 35 Bloor street east, and Miss Emily. A sad feature of the death is that the second dau- ghter is touring England and France and was unable to attend the fun- eral. Too Late to Classify WANTED TO RENT--FIVE OR six room house at once. Call Ady. Dept., Oshawa Daily Times. wl c FOR SALE-- GOOD HAPPY Thought Range. $8. Also combin- ation coal and ges stove. Cheap. Phone 442. 32 Elgin St. E. ao Cc TO RENT--BRICK BUNGALOW, five rooms with 3 piece bath. Centrally located. Ready Sept. 1st. No children preferred. 153 Albert St. Bhone 45, Suspended Sentence for Life Imposed for Criminal JULY BUILDING - PERMITS LOWER ~ THANTAST YEAR For Past Month Building Totalled $193,425 -- Were $621,325 July 1927 LOWER THAN 1926 26 Permits Were lssued for Dwellings and Four for Stores Building permits for the month of July were valued at $193,425, including 26 permits for dwellings, 4 for stores, a number of permits for small additions to homes and stores and one large permit for the new Masonic temple to be erected at an estimated" cost of $33,600. The total estimated cost of the 26 new houses is $81,- 900, or an average of $8,150 apiece. showing that these are ali substantial residences There have been no mew permits isssued since yesterday. This is a big decrease from July, 1927, when 92 permits were issued representing a total value'of $621,- 325, of which $149,000 was for residences while the balance was largely taken up in factory and school additions, This month there have heen no permits issued for factory additions or school ad- ditions, while the number for new homes has decreased. There is al- 80 a decrease from July, 1926, when the value for permits issued was represented at $337,830. June of this year was also ahead of the present month, with 141 permits issued, 87 of which were for dwellings valued at a total of $304,400; the grand total for the month being $352,680. The de- crease in permits issued for dwell ings is seasonal, although it may possibly Indicate that housing conditions in the city are becom- ing improved. EMMANUEL B.Y.P.L, REGULAR MEETING Have Castlefield Union of Toronto as Their Guests The regular meeting of the Emmanuel Baptist Young People's Union was held last evening in the" Sunday School rooms when the Castlefield Unjon of Toronto were guests of the local union, The meeting opened in the usu- al way with President Miss Peggy Rice In the chair and minutes of the previous meeting by Secretary Harry Witterlick. Following the opening hymn and prayer, several items of business were discussed, The president gave a brief report of the executive meeting held dur- ing the past week, outlining the proposed program for the coming month, The pastor, Rev. John Galt presented a request from the deacon's board that the young people take charge of the evening service on Sunday, August the twelfth, asking that the matter be taken up by the executive before the coming Sunday. The follow- ing members were appointed to various committees: Membership, Miss Latson and Mr, Wilkins; so- cial, Mr, Rice and Mrs. Witterlck; Missionary, Miss Morison aud Mr, Etcher acting under the convenors already apointed, A report from the plenic committee was adopted whereby the annual plenic will be held next Monday, August bth, to Rosebank, leaving by bus at nine o'clock from the church, After a much-liked solo by Miss Kathleen McKay the topic was giv- en by a member from the visiting union, Miss Alfreda Hall, Miss Hall chose for her topic "The Cross of Jesus Christ," basing ner message upon part of the first chapter of Paul's first epistle to the Corinthians. The speaker pointed out the place the cross holds in thé Christian religion and the appeal of that religion to young people. She dealt with her subject in an able and inspiring way and received the closest atten- tion of the large number of young, people representing the two socle- 8 The study period was brought to 2 close by the singing of a bymn, " Prayer by the pastor, social hour was spent before the Castlefield young people left for Toronto and the business of getting acquainted was helped along by means of red and blue name cards, cups of coffee, cake and sandwiches provided by the executive. A real, live sing-song, interspersed with several im- promptu numbers brought to a conclusion a most enjoyable and profitable evening. On Mopday ,August the twenti- eth the Park Road Young Peo- ple's Union of Toronto will pay a fraternal yisit to the Oshawa B.Y. P.U. when the guests will have charge of the entire program. THE MECHANICAL SALUTE If future fighting is dome with machinery, war won't be any fun unless somebody makes a ma- chine that will raise one wheel (Ge | hen » ssggad logey spprgaches. Is placed on Recognizance of $500 -- Caused Serious Injury to Harold and Mur- rell Mackie When Auto Struck Motorcycle Near Comer of Ritson Road and King Street East Following the trial which was held at Harmony last night in the home of Mr, and Mrs. Charles Mackie, where Leonard Ford was charged with negligent driving, causing bodily injury to their sons Harold and Murrell Mackle, Mag- istrate Hind in police court this morning found Ford guilty of the offense, and placed him under sus- pended sentence for the rest of his life, with a recognizance of $500. Much comment 'was made this morning upon the fact that Ford carried no insurance of any kind upon his car, "Our legislation should be asked to put a law up® on the statutes of this proviace making insurance on motor ve- hicles compulsory," Magistrate Hind stated in police court this morning. Crown Attorney J. A. McGibbon was also emphatic in his Statements that insurance should be carried by everyone, so that those unfortunates like the Mackie boys would have some recompense for the hours of suffering and pain which they had to undergo as the result of someone else's careless- ness, "This 18 another case which Boes to show that everyone who takes out a car should carry in- surance for accident, and I would recommend to Your Worship that You petition for compulsory insur- ance on automobiles at the next Judges' Convention," said Mr. Mc- Gibbon, In police court this morning, after a brief summary of the facts of the case wherein he pointed out' that Ford was wrong first in driv. ing in the centre of the road, gec- ond he was driving between 15 and 20 miles an hour when ap- proaching an intersection third that he should have been more careful with the sun shining in his eyes, apart from the fact that he made a sharp left hand turn, Magistrate Hind stated that he could do nothing but find Ford guilty of his offence and ae. cordingly convict him, 8. B. Douglas made plea for leniency after had been passed, pointin His Worship that this w first offence of any kind since he had few friend country he had had to Jail for seven trial. This was taken sideration by the Crown when he told Magistrate he thought a light sentence would in th the ends of justice. At the trial at last night a small [J to hear the details as it was re dence, a strong Sentence E out to as Ford's and that 8 in this remain in before his into con- Attorney Hind that or suspended is case meet Mackie's home rowd gathered of the accident iated through the ey- The first witness Was Fred Hogarth, til, employed , at hy fl recently Canada, and a witness for the de- fence, He told the court that he was going to work on King street east of the scene of the accident and was about 80 yards distant when he stated he saw the Mackie brothers approaching at a speed of about 40 miles per hour, while Leonard Ford in his Chevrolet was Boing east ahout 15 or 20 miles per hour, and in the middle of the road. When Ford re, ched Ritson road, Hogarth told the court, he turned north and in doing 80 struck the motoreycle on which the Mackie boys were riding, al- Wort broadelgs, and both parties ® carried in t Were 0 the curb as a Merlin Mackie, owner of - toreyele and driving it on he Ba' of the accident, was the second wit- ness called. He stated that he Was going to work with his brother and was proceeding along King Street at about 15 or 20 miles per hour when, on arriving at Ritson road, the car driven by Ford sud- denly cut across the road ahead of hinr and he was given no chance to site himself, "Would you have been hit b Ford if he had made a proper left hand turn instead of cutting across the corner?" he was asked by Crown Attorney J. A, MecGibbon, 'No, we certainly wouldn't been Mackie replied. hav 'When you saw Ford turnin u Ritson Road, why didn't you 4 either to the right or left to miss him?" 8. B. Douglas, Appearing for Ford, asked Mackie. "Because 1 had no previous indication he was going to turn and I wasi't expect- ing it," was the reply. "As a matter of record, what were your fnjuries?" the Crown asked Merlin Mackie. "I received a broken ankle and was taken' to the hospital." Harold Mackie, who had to haye his left leg knee as a rept of the accident was the third witness called. He told the court that he hadn't seen Ford coming, since he was riding on the motorcycle behind his bro- to be called [ther. He stated, however, that they and' Motors of | TAGE THREE Negligence Leonard Ford Convicted After Evidence Taken On Motor Car Accident J were going at about 15 or 20 miles an hour, and that the first he knew anything was wrong was when Ford struck them just as they were past Ritson road. This: last piece of evidence differed from all' the other ~vidence heard on this point, all the others stating that the accident took place between the car tracks and the curb on the north west part of the intersec- tion. Sergeant Bowman and Constable Dunn, of Oshawa Police Force, gave evidence as to the manner in which they found the motoreycle and the automobile. Although there were no marks, they stated that there was everything to in- dicate that Ford had made a quick turn to go up Ritson road, and in striking the motorcycle, had heen turned until the car was at right angles to the curb, They also stated that while they were taking the boys to 'the doce tor's, Ford stated: "The sun was in my eyes, I guess it was my fault." When Ford appeared to give evidence, he explained this by pointing out to his Worship that he understood that a left hand turn made a driver responsible when: an accident occurred, but admitted that the morning sun was exceps tionally strong that morning, Ford was turning north to go to work at General Motors when the accident occurred, He has no driver's license although he has been driving a car for over two years. 'No matter if I had made a good turn at the corner," he told the court, 'I believe that we would have collided." By means of a diagram, he then showed the court how it happened, as he saw' it, [} Two witnesses, Victor Morin and Franklin Orchard, who were also! . at the scene of the accident when it happened, were called, They cor~ roborated to a certain extent the evidence already given, and both were of the opinion that an acci- dent may have been averted if Ford had made a proper left hand turn, In summing up the case, 8S, B, Douglas pointed out that there was no wilful negligence proved in the evidence given, All evidence show- ed that his client had been going at a rate of speed not exceeding 20 miles an hour, and according to Ford's own evidence, he had tak- en every precaution which he had considered necessary hefore he ate tempted to make the turn. i Crown Attorney ,McGibbon in ad- dressing the court stated that the whole case depended upon the left hand turn made by Ford, He also laid some stress upon the fact that Ford shouldn't be driving a car, since he had no license, but he left it to his Worship to decide whether wilful negligence had been com. muted, for which Ford was charge, ed, SE ---------- TRAINMAIN KILLED Medicine Hat, Alta., July 80,--0, D. Galloway, aged 33, unmarried, trainman, was killed today as he stepped off his train to cross the. track on which an express train Was coming into the yard v more, Alta, y Mt Bs i Card of Thanks 4) Mrs, A. C. McBrien and fami wish to thank the boys and faaly of the G.M.C., Dr. James Moore, Nurse Lingey, neighbors and friends for their extreme kindness and sympathy shown and flowers sent, during our recent sad ber» eavement, ; (268) The brothers and sister also to thank their friends and neighbors, for expres» sions of sympathy, and for the many beautiful floral tributes ex- tended, during the illness and death of their loving brother Ars | thur C. McBrien, (250)! In Memoriam hy DIME--In loving memory of @' dear husband and father, Dave Dime, wdo was laid to rest July wil 1923, ol © mourn for you dear husha and father, A, But not with ovtward show, For the heart that mourns sine cerely Mourns silently and low, wish many kind Il It is not at the time that the tears are ' That tell of hearts that But the bitter tears of after years, And remembrance sadly borne, Sadly missed by Wife and children, (258) | are torn, Coming Lvents | 8 Cents sertion. MADAME NEVADA, Ross" Ss. Home till W YADAME ..0SE, of af St. . Wiper" ~F \ 1