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Wbori THE COLBORNE EXPRESS, THURSDAY, NOVEMBBER 29th, 1928 $2.00 a year in advance: $2.50 to U.S.A. VERDICT SET ASIDE AND ACTION DISMISSED BY FIRST APPELLATE COURT McCallum rs. Webb The action of E. E. McCallum and hip wife, Lona McCallum, against Frank L. Webb. K.C., for $2,000.00 damages in respect of an automobile collision in Colborne in August, 1927, has been brought to a conclusion. At the first trial, before His Honour Judge Denton, at Toronto, the jury found in favour of the plaintiffs and assesised damages at $1,250.00 and judgment was entered accordingly with costs. Then upon an api '1 by the defendant the First Apellate Court at Osgoode Hall set aside the verdict upon the ground that the jury's findings were against the law and directed a new trial before the County Judge at Cobourg. On the 12th, 13th and 14th of June last the second trial took place at Cobourg before His Honour Judge O'Connor and the jury again found in favour of the plaintiffs and assessed damages at $1,350.00 and judgment entered accordingly with costs. The defendant then appealed for the second time and the First Appellate Court at Osgoode Hall on Friday last again set aside the verdict. The plaintiff, Lona McCallum, who was driving her husband's car in an easterly direction at the time of the accident on the Provincial Highway, admitted [he relative position of both cars when just prior to the accident, and, when measurements on the surveyci's plan were made, it became apparent that the plaintiffs were farther from the point where the two cars in question would have come together on the Highway if both had proceeded in a s-raight line, and therefore the defendant, who was on the plaintiff's right, had the right of way, and :he pianitiffs should have stopped to avoid the accident. The five Justices were unanimous in their decision that the action should be dismissed on the plaintiffs' own evidence. The question; of costs was reserved for further con- I sideration. Jn the Appellate Court D. I L. McCarthy, K.C., was counsel for I the defendant and J. C. McRuer fo. | the plaintiffs. LEVEL CROSSING ELIMINATION A ten year program has been announced from Ottawa to cost $2,000-000 for the gradual elimination of level crossings, that lives may be sived. No more welcome news has come from the capital than this--(hat the level crossing is gradually tc disappear. The record of the level railway crossing has been a tale of death and anguis' and crippling for years, such as was a blight on modern civilization. The Government is the custodian of health and welfare 0f the peop.le and the project of elimination of level crossings with their hazard to life and limb is one of t\e most welcome changes to be effected in the country's MURREL LOSES APPEAL Toronto, Nov. 22.--The first Divisional Court to-day dismissed the appeal of William Murrell. sentenced to iirng December 17, for the murder of Ru=soi; Campbell, a Melbourne garage man who was shot during a hold up in April 1921. NORTHUMBERLAND and DURHAM COUNTIES FRUIT DISPLAY EXHIBIT ROYAL WINTER FAIR One of the attractive displays in the Fruit Department at th" Royal Winter Fair now under progress in Toronto is that of the Northumberland and Durham Counties Apple Growers. The excellent fruit from these Co-: unties is displayed not only in boxes, but in half barrels and hampers of various sizes. The educational feature of the exhibit is displayed on colored transparencies informing the general public of seasonable varieties and the fact that any size package can be secured from these growers, informing tl;em that ungraded fruit is generally inferior and suggesting that they buy known grades. In the display the public is reminded that apples are healthy and advised to secure theirs. The principal varieties -.featured are Mclutosh. Snows, Tclman Sweets, Russets, Starks and Baxters. The public is loud in expressing its admiration of the quality of the specimens of varieties exhibit-Considerable rivalry has bsen shown by the various firms as to the securing of this fruit. The Robert Simpson Co. fh.ally being successful in securing it. THE LATE MRS. EMMA J. PAYNE ral of Read the Condensed Ads on Page 5 JAMES HILL. CAMPBELLFORD James Hill, a lifelong resident of Camplbellford a- d a veteran of the Northumberland Rebellion, dropped dead at noon, Wednesday, November "1st, 1928, on FrOut Street In-Camp-bellford. Hill, a briekmaker by trade, was well known throughout the district. A brother living in Cam'pbell-tord, survives. Chicken Pie Supper AND BAZAAR under the auspices of the Willing Workers of St. Andrew's Presbyterian Church, to be held in the SUNDAY SCHOOL HALL, COLBORNE Thursday, December 6th heart trouble, Emma J Payne, of the late William L. Payne, K.C., d;ed on Thursday, November 22nd, 1S2S, at her apartments at the Brunswick, Colborne. Always of a bright and congenial disposition, she had a ritable character and was •eady constantly to give help and 'She was born in Cobourg, December 20th, 1847, a daughter of the late O. W. Powell and Elvira D. Massey. She ived by two daughters, Mrs. Amy of London. Eng.. and Miss "... Payne of Detroit, and two sons. W. Earnest Payne, K.C., of Red Deer. Alberta, and Hector A. Payne of Detroit; also two sisters, Lucy-and Clara Powell of Peterborough, and two brothers, Dr. N. A. and Wm. Powell of Toronto. The funeral was held Saturday afternoon. Services were conducted by the Rev. J. P. Falconer, in the United Church, Mrs. Payne having been active member of the Methodist Church since coming to Colborne at the time of her marriage, over fifty years ago. The interment was at the Union Cemetery. The pall bearers were V. G. Cornwell, £>r. W. G. Rob-M.L.A., R. Snetsinger, F. P. Strong, Major G. E. R. Wilson, and LlvCoL J. F. Wolfraim. Relatives from a distance were nd Frances Payne of Detroit, AVm. Powell, Mr. and Mrs. F. A. Dallyn, Henry Beatty and Ted Edwards of Toronto; Miss H. Payne and r. Guillet of Cobourg; Mrs G. A. Ptyne of Campbellford: Mr?. Ayles-rth of Trenton; John B. Gallinger of Niagara Falls; Wm. C. Benson of Mr. and Mrs. J. R. Battisbey . Campbellford and Mr. A. G. Scougale Cobourg also attended Vns funeral. COMING EVENTS Keep in mind the High School Concert, Victoria Opera House, Colborne, Dec. 21st, 1928. Don't forget the date--January 1st, 1929--Trinity Church Play, in Opera House, Colborne. Thursday, November 29th, 1928, the Ladies' Aid of Colborne United Church will hold a Chicken Supper in the S. S. hall. Admission 50c. . Eastern Star Dance--Season invitation holders will please take notice that a dance will be held in the Town Hall, Colborne, Friday evening, Dec. 7th, 1928. Your new suit and c you are about to buy. Here is the opportunity to take. Call at Hawkins' s^ore Friday, Nov. 30th, and meet the expert for Fashion Craft, Canada's greatest tailors. Inspect his samples and let him take your measure and get lasting satisfaction. Wicklow and Vernonville Women's Institute will hold their postponed November meeting at the home of Mrs. Walter MacGregor, on Tuesday, December 4th, 1928, at 2.30. Please change of day. Committee: Mrs. W. Rutherford, Mrs. W. Haig, Mrs. S. Robinson, Mrs. W. Hoskin. A report Belleville Convention will be given by Mrs. Ed. Kernaghan. All interested rdiallr invited. Florence E. Hall, secretary. Sale of Fancy Work, Aprons, etc., ai 3 o'clock Tea Served from 5.30 to 8 p.m. Admission 50 cents. i Daily Ontario: No more for Wrigley in the cold ^ake Ontario is the dictum ?s from the gum solconda. the Bay of^Quinte? course, that section Ktsai and \'ng purposes. I The Family Herald and Weekly Star of Montreal with its wonderful I improvements has no peer as an agri-i cultural paper on this continent. The | best Canadian faftners know -200 SPECIAL -- SUITS and OVERCOATS for Men, Boys, Youths and Children, will be on sale at startling price reductions--all sizes, 24 to 44. We must positively make room for Xmas goods, and take this means to procure room, commencing Thursday, 29th, and Friday, 30th Nov. and Saturday, 1st Dec. Room we want, room we must have. Don't miss this chance to fit up your entire family with good clothing. When purchasing thess goods i used the benefit of my very long experience in custom as well as ready-made clothing. We won't let you go out if quality and price are the object A large portion of our Men's and Boys' Furnishings are included in this Room Making sale. Have the ladies join you in this case, as they are good judges of good clothes. A limited number of Fur Trimmed Navy Blue Broad-cloath Coats, and many other useful articles for ladies' wear are included. A splendid range of Men's and Boys' Boots at special prices. Men's custom or made-to-measure suits made by one of the best custom tailoring firms on the continent, also my own manufacture. Remember the dates--29th and 30th Nov., 1st. Dec. V. G. CORNWELL, SKorSe I If you are hard to fit. If you ! hard to please in regard to cloth. ! This is your opportunity. Cloths, \ models, samples on display all day i Friday, Nov. 30th, at Hawkins' store. For i lushus cup of tea, try r Special Blend Japan Green--only 50c lb at C. M. Allen & Son, Colborne. j GRANT--In Cramahe Township, on j Friday, Novemlber 23rd, 1928, to Mr. and Mrs. R. E. Grant, a daughter-Joyce Rose. MARRIOTT--In Haldimand Township, on Sunday, November 25th, 1928, William Marriott, in his 62nd year. ; in Lakeport Cemetery. IN MEMORIAM Pomeroy--In loving memory of i Nellie Pomeroy, who died November 27'tn. 1927. , One year has passed since that sad j 4ay The one we loved was carried away, j God took her home, it was His will, | But in our hearts she liveth still, j ---Sadly missed by Husband and j Family and Mother. Colborne TAXES Dec. 14 Ml unpaid on that date collected with the 3% pi and ocsts added. DEATH OF DENNIS LYONS The death occurred rather suddenly Cobourg General Hospital on Monday morning, November 19th, 1928. of Dennia Lyons, a well known resident Grafton, aged 62 years. On Satur-morning deceased was taken suddenly ill with an acute abdominal pain, and was taken to Cobourg General Hospital, where an operation was performed for an obstruction in the bowels, a portion of the bowel having to be removed. The operation was quite successful, hut tne next day a further clot occurred in the artery, wfeMi-i«e«riteii~h:-*%> dea-*!, en Monday. Deceased was a life long resident of Haldimand Township, and was highly respected by a large circle of of friends. In addition to his widow he is survived by a grown-up family. THE LATE GEORGE McCARTNEY There died at his home in Peterboro on Nov. 16th. 1928, George McCartney, a well known Orangeman, he having been Gvan<l Organizer for Eastern Ontario. Mr. McCartney was bom in Newblis, Ireland in 1851, and came to Canada when only 3 years of age. The family settled in Oavan on arrival. The Eastern Siar dance he'd in Coi-bi rne last Friday evening was a pleasant affair. Music was furnished by tl e Fleming Orchestra. St. Lawrence Sugar, per cwt. $5.80 at C. M. Allen & Son. Colborae. CONTRIBUTIONS TO SALEM CEMETERY Previously acknowledged .. ..$22.00 " in Mcintosh.......... 1.00 t. Jackson............ 1.00 meron Philp.......... 2.00 W. Church............ 2.00 Total.............f 28.00 ! F. W. McConnell, f CHURCH NOTES The members of the Ladies' Aid and all other ladies of the congregation of Trinity Church. Colborne, are requested to meet at the Parish Hall on Friday afternoon, December 7th, 1928. at 3 o'clock. All those holding Talent3 are requested to hand in the proceeds at this meeting. Everyone be sure to attend. HELD PRAYER RETREATS Prayer retreats were held on Tuesday, Nov. 20th, 1928, from 10 a.m. to 5 p.m. throughout the Baptist conventions of Ontario and Quebec to about the numjber of twenty, the principal purpose of these retreats being to qf.ieken the spiritual life in the -churches and wait upon God for revival. The retreat for the association of Whtitby, Lindsay and Peterboro was held in Cobourg Baptist Church. Preachers and laymen were present , from all the towns of this district.-- Sentinel-Star. TO RENT Clocks! Clocks! Alarm Clocks Kitchen Clocks Mantel Clocks Priced from $2.00 up TO RENT--House in East Colborne, recently occupied Ijy Mr. A. G. Backus. Apply at Express Printing Office. &w# 48- AUCTION SALE --by-- S. E. ROBINSON, Auctioneer. Saturday, December 1st, 1928, at 1 p.m.--Family cow, horse, hens, farm implements, fodder, mangolds, potatoes, etc., of Mrs. Bridget Lyons, at Grafton. Terms cash. No reserve. S. E. Robinson. Auctioneer. Tuesday, December 4th, 1928--Alex Rutherford will sell a quantity of Choice Mixed Wood (standing), on lot 5, con. 2, Haldimand Township. Usual terms with 10 months credit. Sale at 1.30. S. E. Robinson, Auct. Wednesday, December 12th, 1928, at 1 p.m.--Jersey Cows, horses, implements, etc . belonging to the estate of the late John B. Harnden. just south of C.N.R., Colborne. Usual terms. No reserve. S. *E. Pobinson. Auctioneer. AUCTION SALES --by-- ARNOLD POOLE, Auctioneer Phone 10r23, Castleton Watch for bills and dates of the following sales: -- Friday, November 30th, '928--Mr. Walter Chanman, on the Provincial Highway, at Salem, will sell his stock, implements, hay, etc. Usual ten ■a ith 11 : inths' H. J. Mayhew jeweller and Optician KING ST. - COLBORNE Read the Condensed Ads c credit. Sale at one o'clock. Wednesday, December 5th, 1928--Live stock, implements, hay and grain, the property of Gordon Honey, 3 miles North East of Colborne. No AUCTION SALES -by-- OSCAR C. MORGAN, Auctioneer, Hilton, Ontario Friday, December 7th, 1928, at 1 p.m. sharp--Auction sale of Mr H. Ped-dlesten, Lot 20, Con. 4, Murray Tp. Entire herd of choice high grade Holstein cows, implements, etc. No reserve. Saturday, December 8th, 1928, at 1 p.rri.--Auction sale of Mr. Jack Atkins, Prince Edward St., Brighton. Horses, cows, machinery, etc. No Tuesday, December 18th, 1928, at 1 p.m. sharp--Auction sale of Mr. iMoore, 2nd Con., Brighton Township, better known as Thos. Tweedle farm. Horses, cows, hay and grain. No reserve as Mr. Moore is giving up farming.