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11,718 1bs milk, containing 553.75 it Hope.-- Charged with negli- t driving, Morley Moy, R.R. No, Tite ned $1000 and ts in traffic court here by Magis- 'W, A. EF. Campbell. ¢ Boat on River Hy q lle Phere is now a nar- pening iw the main channel for distance up the river from ndria 'Bay. A few days ago all motor bodt made the trip. 1 Thousand Island Park to Alex- a Bay. They were about 20 utes on the way. J ault Charge sed orrisburg, Out charge of as- ult against Lorne Robinson, teach- of 5.5¢ No. 4, Williamsburg made' Archie McKoy, of Morrisburg, 'dismissed by Magistrate: Mc» ick in police court here Satur- afternoon. The charge followed fobinson's striking Arthup McKoy) | son of Archie McKoy: while re- ganding him in school for poor {3 ' Ao Fingers Amputated: at orth--While at work in the $abz tory of the HM. K. Wanpole: Co. serating a machine engaged in the rking of tablets, Miss "Marie hell had her left hand caught one rollers With the result that fas found mecessary to ampitate ve fingers. - : - lo Hope of Planking Lifidge "Cornwall, -- Cornwall Board of rade has received little encourages ent from the Federal government connection with the proposed anking of the Néw York Central ilway bridge here for use as a ve- ular bridge linking the United tes and Canada. Accordingly, it doubtful if further action will be En in the matter for some 'time, ostel Dusy Place . Kingston, -- Twenty-seven men ere given a night's lodging at the Clarence Street Hostel on Saturday ight and 24 on Sunday night. On turday night the police statiom ive shelter to 183 men and om turday night gave protection to men. Twenty-five men 'were ven a free bath at the Y.M.C.A n Saturday afternoon. Makes Fine Record Lindsay. -- The four-year-old plstein heifer, Highview Veeman t, owned by J. H. Hall.and Sou, Indsay, Ont., has just finished a 's work in the R.O.P. with a roduction in 301 days totalling butter, giving her an average of 3.78 per cent. fat. ; WL and Milk Ordered . Peterboro. -- Preparations, for manufacture of Ovaltine iu the Peterboro plant of A. Wander ited vé reached the interest- ig stage at which arrange neaté ve veen made with the Canadian POTATOES NO. 1 ONTARIO GROWN FRIDAY SATURDAY gg & Lytle Limited PHONE 203 king. Company and Silver woods Ha § Nv arr ib for. supplies of eggs and milk, s Home Razed 4 " Port Hope~Apprised of an out- : preak of tire on the roof of their ome, as they sat at their midday meal, Mr. and Mrs. Jawes Downs: and their two sons of Roscneath, barely had time tn get the contents of the" atal:s rooms to sulet before the building was a raging' furnace; the house was razed to the ground and all the furniture i the upstairs rooms was destroys ed. 3 School To Be Bullt : Kingston.--Monday" night the €ity Council directed the tio! i that he |. (Coutltiued: trom Page 1) was not a subscriber, and he had read 'the heading front which he got the impression that Charles Love and 'ot 'Oswald, in whom he was interests ed, was guilt of stealing some cattle. Cross-e: d by Mr. Conant he ad 'mitted 'he "had 'not read the entire article and when given an opportun- ity 10" do so in the witness box ad. mitted 'that the whole article was at variance. with: heading and indicated that 'a"mistake had been made. next called; and in 'answer to ques- tions put by his ¢ounsel told the court pelieved he had sufféred in reputation and character and also in y | his business and credit. the agreement between the city ind Hield Brothers and the option "with the textile company for the purchase of the building. The Fin= ance Committee recommmended 'tliat & by-law be passed by the City. Ceounell for $336,808 to build 3 technical school and that tende .| be 'asked for the sale of deben- '| tures for this amount at once. \ Brockville Tax Rate Brockville.--A general tax rate of 47 mills on the dollar, the same ag last year, was adopted for this year by the town council at fra regular. meeting held here cn Man- day. - : Committed For Trial Cobourg.-- Walter Clifford, 21 years of 'age, said to be late of Ot- tawa and Nova Scotia, came ' up here on Monday before Magistrate Floyd, charged with robbery, 'in connection with the recent hold-up of the 'Dominion Bank here. He was comfitted for trial. Clifford was unable to appear when the 'other two youths came up for hearing last week, because of an attack of tonsilitls, Predicts" Bright Fature 4 Peterboro.--That a great part cf Canada's future will be involved in the development of the Cana- dian Arctic was the prediction made 'by Ven. Archdeacon Flem- ing, who has spent many years within the Arctic cirele, in a most interesting and enthusiastic ag- dress to the members of the Peter- boro Retary Club at the weekly luncheon today. Pointing out that Canada could no longer claim to be the bread basket of the world. Bandsman Honored Smiths Falls.--C. J. Downey, for 32 years a member of the Smiths Falls band, was honored when fel- low-members presented to him .a gold watch and an address, np the occasion of his retirement from the organization with which he has been connected a 'quarter of a cen- tury. The presentation was made by Fred Baker, anothér old-time member of the band, and an ad- dress was read by Harry Dixon, Short addresses were made by H. A. McKeown, and H. A. Stephens, Bandmastér Robert Moore, J. Nie- hol, Fred Baker and Fred Lionel. Recommended Cobourg.~--Criticizing the town water pressure an {nadequate, a report has been presented to the Town Council by the. Fire Mar- shal's 'Department, recommending instalation of a 660-gallon motor pumper. A fire hazard {s said by the Marshal to exist at the rear of a business block, and the removal of an old building also is recom- mended. MAROONED STUDENTS RESCUED Bartlett, N.H.,, March 10. -A party of 20 Groveton high' gchool students were rescued by railroad workers last night after spending 18 hours in their automobiles, ma- rooned without food by a show slide near Crawford Notch. LOSING ILLUSIONS (Canadian Press D: ) Sidney, Australia, Mar. 11--The world is fast losing many of its cherished {llusi about cannibals, Miss Laura Cheesman, who recent- ly returned after 18 months in the New Hebrides, says the women of the tribe are too useful as garden ers, 'cooks, burden-hearers and childbearers to be turned into soup. This traveller is a research 'stu- dent of the British Museum of Na- tural History, and has collected 20,000 specimens of beetles and iri- sects, which will tale scientists at least 10 years to classify, . FOR QUICK SERVICE | Call 28 2 Hi "N emergency arises 'a a2 : JUST TRY US! JURY & or 68 | the 'apc of | then 'called to _& Lover. |[- Asked whether he could give any instance to support - his statements witness produced a notice of fore- closure of a mortgage which he said he had received. since the nublication of the.article and which he attribut- ed to it. 'Hé also referred to a note held by a resident of Reach Town- ship which he had been asked to pay in pagtior in full. This also he said must be 'due to thé publication of the article as he could think of no other reason; His neighbours were "cool" toward him and he could "notice a dificrence," he said, with reference to his claim: that -his standing in the community, had: been damaged. . Went to tte Ny Following up Mr. Whippy's evid- ence plaintiff said on receiving t': information. that the. Whitby paper had accused him of stealing cattle he had first obtained a copy of the paper from. Mrs, Whippy and had then gone to the Gazette and Chron- icle- office at Whitby in company | with . his. two sons, Oswald and George. There he had :iet the editor Mr; Qrmiston, whom he said refused to do anything about the mistake. Later, .either the same day or a few days after, plaintiff. went to Toronto and placed the matter in the hands of his solicitors. He had seen let- ters written by the defendant com- pany offering to publish an apology and had also received marked copies of the Gazette and Chronicle of Jan- vary 15th containing. the apology, which he said was not published soon enough. It was pointed out to him by counsel for the defendant that the Gazette and Chronicle is a weekly paper and only one issue was printed between the publication of the orig- inal article on January lst and the publication of the apology on Jan- uary 15th, Memory Faulty Questioned at some length by Ir. Conant plaintiff Jo sisted mn his story that the writ of foreclosure he had received must "have been inspired bv the article as he had received no oth- er notice of any kind except a con- yersation some time ago during which the mortgagor said he would like something paid on the mortgage, if cofivenient, : inally Mr. Conadt, to refresh wit- ness' memory, showed him copies of two letters written by Harris and Harris, Port Perry solicitors, de- manding payment and in the second letter stating that a writ would be issued if payment was not made by February 1st. Both of these letters had been written nrior to December 31st, 1930. On being shown these letters witness remembered receiving them and: was compelled to admit that he might be in 'error in suppos- ing that the Gazette and Chronicle article 'was responsible for the issu- ance of the writ of foreclosure. Sim- larly Mr. Conant brought out that the request for payment of the note and demands for payment of other accounts were probably due to the issuance of the writ rather than to the offending article, Offered Apology James H, Ormiston, editor of the Gazette and Chronicle, was the first defence witness and told of the visit of plaintiff and one of his sons to the Gazette office. He had listened to their complaint, had told them he was sorry and that the name of Charles Love had been used in the heading by mistake and had offered to write a retraction and apology im- mediately while they were there and submit: it to them, However, they wonld not wait and left the office with a, statement. to the effect that they wouldgnake somebody "eat hay" and that they were going to see a Ties Georgie Macph dM iss Georgie erson and Miss Dorothy Johnston, both of the Gazet- te and Chronicle staff, who were in the office at the 'time corroborated Mr. Ormiston's testimony to a con- siderable extent. Both were in heat- ing distance but were going on with their work and could not be sure they had heard all of the . conversation. They had, however, heard Mr, Ormis- ton: offer to publish an apol and had heard one or other of the és say that they were, going to see a lawyer. ! A. R. Alloway, managing director of the Times Publishing Co., of Osh- awa, Limited, publishers of The Osh- awa Daily Times and: the Whitby Gazette and 'Chronicle, identified cer- *4in letters' which he had written to soicitors Yor "olaintiff and also: ex- p'iined how the article was set in type; proof-read, etc. the heading Lung handled 'separate til the i 4 were ready to be placed in tai / jormatot " Kued by c mngel for 3 a Fientibed Chimes Thor he 20elony "Yownship as being the man who was making the complaint, witness said was directed to him be- s 'visit to'the Gazette and of East Whitby, was : j prove that there was at least one othér Charles Love re- siding in Ontario' County, altho :h the plaintiff had sworn that he knew 'of none -other than himself. Witness 'Wis a nephew of plaintifi's, He also testified that on reading the entire article he realized that th. Charles Love had been hed i ame 'or and that Clifford Love was intend- Plaintiff's Character Geo. Till, Reeve of Reach Tp, fiv- ve ing z mile {391th. of Greenbank, Love, hd gain, all ion Cas having read the article e it Hie 'abihlon that: Sait character '| Township and livi 4 s. Th y | Charles Love, the plaintiff, was | pe THE OSHAWA DAILY TIMES, WEDNESDAY, MARCH 11, 1931 and reputation had not suffered at all b; reaton of the publication of antic. ¢ also thought that the article clearly referred to Clifford Love, who was mentioned in the body of the article. 3 Alex Leask, ex-reeve of 'Reach about a mile' and a half from plaintiff,' gave similar evidence, "As soon -as I read the ar- ticle T knew it" was meant for Clif tord Love," he said. ho Addresses Jury "In his address to the jury G. D. Conant, counsel for defendant, . re- viewed the circumstances, pointing ott - that the action rose from publi= cation of a report of police court pro- ceedings in which Oswald and Clif- ford Love figured prominéntly, He reminded the jury that evidence had en produced to show that there was another Chas, Love resident in a Jownship adjoining_that in which the plaintiff resides. He also pointed out that the mistake in the heading was an obvious one and to some ex- tent a pardonable on¢ as the plain- tiff had been a witness and a bonds man in a case or cases in which his sons were accused, The article should be read as a whole and if so read' spoke for itself as applying to other members of the family and not to Charles Love. Counsel for defence recalled the chain of circumstances that had been brought out in the evidence since the plaintiff learned of the article and went 'straightway to the office of the Gazette and Chronicle and later to his lawyer, refusing to accept as sat- isfactory an offer of an apology or the actual apology when published. It' the plaintiff had been desirous of preserving his good name, Mr, Conant maintained that he (plaintiff) would have co-operated with Mr, Ormiston, the editor of the Gazette and Chronicle in having published in the issue of January 8, a complete re- imaition and apology such as was of- ered, The straightforward and sincere evidence of the witnesses for defence was in contrast to the shifty posi- tion of plaintiff, who offered as evid- ence that a mortgage on one of his farms was to be foreclosed whereas on production of copies of two let- ters he admitted that the action had been threatened prior to the publica- tion of the article. He asked the jury not to encourage litigation where it. was shown that the action was vin- dictive but rather to take the posi- tion, that when an individual or a company dealt fairly with their neighbours and business associates they should be dealt with fairly by the court. Addressing the jury on behalf of the plaintiff, A. M, Guroisky pointed out that there was a remedy in law for any man who had been libelled | and this should be considered ahead | of anything else, He told the jury they need not read anything else than ! the heading which definitely accus:d his client of a criminal offence. Mr, Gurofsky proceeded to read extracts from the Libel and Slander Act which he said applied. Judge Interprets Law "Now you ate talking law that is not in the statute," interrupted Judge Kelly, who had reminded counsel 1 moment previously that the jury must take the law from him, the Judge, and not from counsel, Injury to a man's character and reoutation was worse than physical injury, As in the case of a moto: accident, money damages should b awarded, but defendants were unwill ing to accept this view, relying on the miblication of an apology as suffici- ent, | Love, the plaintiff was described | a8 an innocent, simple old man, who had never been in trouble before in his life, He asked the jury to deal with the case as sensible men. The publication of the apology only miti- gated damages and did not alter the fast that the libel had been committ I ed, Jury The jury in this case was as fol | lows : William Argue, Farmer, Broc! Township; Frank Grimshaw, Pattern maker, Oshawa; John Comrie, care- taker, Oshawa; F. G. R., Summers, Farmer, Pickering, (Foreman); Clif ford Wagg, farmer, Uxbridge; Har old W. Clarke, foreman, Oshawa; Thomas H. Clifford, clerk, Oshawa; | Alex Thompson, farmer, Brock | Township; George Coultice, yeoman, | Whitby; Carl Bowan, mechanic, East | Whitby: Alfred Blanchard, farmer, | Brock Township; Norman Gimblett, yeoman, East Whitby. WEAK, NERVOUS, COULD NOT SLEEP : . Photo by Buckley Mrs. FANNY BURBERRY Niagara Falls, Ont.--*I over-taxed my strength which caused me to be- come all rundown in health. 1 was weak and nervous, could not sleep, was all tired out and too to do anything. I took Dr. Pierce's Fa- vorite Prescription and it soon had Shag gi Bop Bf io , came back. As a tonic Toe "worten ¢ is nothing better."--Mrs, Fanny Burberry, 693 Morrison St. | Fluid or tablets. Afl druggists, | OF Bt JB Kit frig ! Dr. Pierce's {i -- a ---- hy Sell the as System? The Hope of 1929 The Oshawa Gas System was acquired by the city in 1929, only because the Hydro-Electric Power Commission refused to sell the Electric System without it. The city had to take all or nothing. It was the hope of the city that consumption of gas might be increased by reduced rates, and that the plant could be made an asset. The Effort of 1930 In 1930, the Public Utilities Commission engaged a gas expert to make ¢ thorough survey, reduced gas rates considerably, and made a strong effort to in- crease gas consumption, with the intention of improving and extending the sys- tem, if the results warranted the expenditure/ In spite of this effort, consumption decreased, an overdraft of about $8,000 was created at the bank and the plant remained unimproved, because the cost of effective improvements would run in- to many thousands of dollars. 2 The Problem of 1931 The Public Utilities Commission this year faced the problem of ever-increas ing deficits, because of the limited consumption of gas and the out-of-date char- acter of the plant. An immediate expenditure of probably $100,000 was found to be necessary as a first step, and the commission did not believe that it would be good business to spend this money, nor that the ratepayers would sanction it. The limited consumption could not bs substantially increased within the city limits without heavy expenditures to extend the distribution system, and as money was being lost on a capital cost of $210,000, it was felt that even greater losses might be incurred were the extensions made and over $100,000 added to the capital outlay. The commission found that the present plant could not be made to pay its way, and decided to look for a purchaser. The Solution For The Future Ben E. Tate and his associates agree to pay the city all the plant and sysfem have cost, including principal payments already made to the H.E.P.C., so that the city will not lose a cent. They agree to spend at least $100,000 within one year in immediate improvement and extensions. of the system, using Oshawa labor. They agree to make Oshawa the location of their coking plant when it is cone structed. They agree to provide an adequate and sufficient supply of gas at all times. They agree to make Oshawa the headquarters of a gas distribution system serving many Central Ontario Towns and Cities, They agree to reduce gas rates as consumption warrants, the reduction being based on consumption over the whole area served by the system, and not in Oshawa alone. They agree to ex- tend the distribution system to all parts of Oshawa, and into any new distri annexed to the city. 1 he Solution of the City's Gas System Problem of 1931 Lies in Disposing of the System in Accordance With the Agreements Approved by the City Council and Public Utilities. ~ Commission od THIS IS GOOD BUSINESS FOR OSHAWA Make No Mistakeon March 21 ote For AllThreeBylaws "This Is the first of a series of adv authorized ertisements by the Mayor and Oousell and the Public Utilities Commission of the City of Oshawa." ATI TSS, Wo Frame TR a