Daily British Whig (1850), 27 Mar 1914, p. 3

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pus Early ? FOR FIRSS CHOIOR OF COM. 1a WmAsons NEWEST SUIT | NOW ON HAND BEST VALUE IX OITY, Ashby the [ailor | Who Entered Snit Against ng Saturday' Special ' With each purchase of twenty-five cents or | over we will give Free one bottle Witeh Hazel Crem. Only 300 bot- ties, so shop early. Wedds Grape Salts 50 cleanse the system. cents. Wine of Cod Liver Oil an ideal spring tonic, 40, 50, T5¢, $1.00. BEST'S The Satisfactory Drug Store Sunday Hours, 1.30 to 5.00; 6.30 to 9.00, We rind tae Leases. 8 Deore Abovs the Dpera Hou | tween Mrs. ii was prodaced. Witness said it jover to her solicitor, Mr. {CLAIM FOR DAMAGES |: JUDGMENT RESERVED IN CASE OF MRS. ANNYE ELMER . City of Krugston and W. J. Crothers --De- ision Was Given in Case of Sale of Property. At. 1130 o'clock, 'on Thursday night, evidence in the cuse of Mr, Annie Elmer, against the corporation of the city of Kingston and William J. Crotbers was concluded before My, Justice Nutherland, and Judgment was reserved. In this case Mrs. Flier iva Hor damages for injuries she received on the night of Teh. ist, A93, when in order to seek Protection 'trom a run- away horse while walk gy Strést, near ar] to the lawn of doing she ran into a barhed fehce and suffered setious injuries. G. M. Macdonnell, K.C., on" behalf of Mrs, Flmer. J i on ing, K.C,, "for Mr, Crothera, while D. A. Givens, the city solicitar, Jook- ed after the intérests of the city. The finishing of this case marked the close of the spring fAskizes, Story of Plaintift The plaintifi, Mrs. Elmer, was first called by G. M. Macdonnell. She told of meeting with an accident on Feb, Ist, 1913. With her daughter she was walking along Clergy street "to- wards the south, When near Chal- ers church a runaway horse came along, and witness ran on to W, J. Crothers' lawn. Mr. Crothers" house is situated at the corner of Earl gnd Clergy stréets, Witness said she ran against a barbed wire: fence on Mr. Crothers' lawn. Her «datigh- ter ran in a different direction, Lut afterwards cane to her rescue. Nhe had quite a time in releading the Witness from the fence as her skirts were entangled in the wires, When released she was removed to her home and attended by a doctor. Her face and arms were badly injured." Wit- ness was engaged as a dress-mdker. Minister Intervened The injuries she received were a great drawback to her in her work. She fig- ured her financial loss at $5 per veh About ten or twelve weeks alr ¢ accident, witness said that Rev. T.W. Neal, at that time pastor of Soden: hgm Street Methodist church, came to see her. Mr. Neal introduced himself, find said that he had been sent by Mr. Crothers, to make a settlement for the injuries she had received. Mr. Neal made an offer of $100, stating that he believed that this would reimburse hep for her loss. Witness did not think it would pay herito' take this amotnt, and told Mr. Neal so. Witness. declin. ed the offer, and Mr, Neal left her home. About ten minutes later he re- turned 'with Mr. Crothers. The latter then made an offer to give her $10 per week, for twelve weeks, and she accepted. When accepting witness did not think that hor arm would give her 80 much trouble. Mr, Crothers also agreed to pay her dector's bills. A copy of the agreement made be- Elmer and Mr. Crothers had been made out by her daughter. Wit- ness was not sure, but she thought that Mr. Neal had dictated the word- ing of the agreement to her daughter. The next day, Mr. Crothers sent a cheque to the witness. Some person told her not to cash the cheque, and she did not cash it, but handed it Magdonnell, Under cross-examination "by Mr. Whiting witness said when running she did not see the barbed wire. Before the accident she was able to make $10 per week. Withess was in-bed for about a week, and was umder the doe tor's treatment for two weeks, the doctor visiting her cvery other day. Witness was out of the doctor's care about ten weeks before Mr. Neal call ed to seek a settlement. Witness be came rather dissatisfied in July, ow- ing to the fact that her arm did not mmprove, and in September called to see her solicitor, Mr. Macdonnell. Daughters Testifled Florence Elmer, daughter previous witness, said she was with her mother the night of the acci- dent. The accident occured about 9.55 o'dlock. When the, runaway horse camo along witness and her mother separated. Witness told of trying to extracate her mother from the barbed wire fence. The skart which was worn on the night of the accident by Mrs. Elmer and which was badly torn, was ex- hibited to the court. Witness ussid that while she was assisting her mo- ther a young 'man named Thomas McKenzie came along and helped her. When her mother was released 'she found that she had lost the use 'of of the doctor the wight the acvident ocour red, de iy a Eluier, another 'Batighter of the ain ave evidence. . She told of her 'm t's injuries, Wis ness recalled the visit of Rev, Nr. Neal. Her mother did not consider that the offer of $100 for a settle: ment was sufficient, Her mother con- sented to; see Mr. Crothers. The lat: ter agreed to pay $10 « weely ior twelve weeks; also to pay the" doc tor's bill, which amounted &n all to $150. Witness saitl her mother could not raise her hand to her head and that she could only do about one} half the work she was in a position to do before the accident. Thomas McKenzie, who was walk- ing along Clergy strect, told of help- ing Mrs. Elmer to: get®clear of the wire Janice, Dr. Bogart, who atlended Mrs. Eines, said he found her very Bervous, Her face whs bleeding, and he found that one arm had been dis- located. He told about the patient being put under the"X-ray treatment at the general bowpital. Two wecks ago witness éxamined Mrs. Elmer ard found that she 'had not the freo use | of her arm. The patient had been der X-ray 'treatment ~ three days 8 ee if he could not get free use of her aim, but with mo success. Witness feardd that her condition would not change for the better. Nir. Macdonnell submitted a copy of a dity by-law which forbids the use of a burbed wire fence on a lawn, and then announced that the: case for the plakntiffi had been closed. Pr. Gordon W. Myplks said het ex- amined Mrs. Elmer at the request of Mr. Crothers. Her! arms , were quite LTE - SIR CHARLES HIBBERT: TUPPER, iT. 8ir. Charles has book of reminiscence career. Coming, as pen of the only r confederation, it j terest, wid will be a valuable addition to Canadian literature. Prof. W. IL, Gragt has written for the Whig an appreciation of this book, which will be published to-morrow on the Review page. I ------------------------------------ stiff but she complained of no pain. For ordinary purposes of using the arm she would have no difheulty. He did not disagree with Dr, Bo- gart. When one pressed the arm up, to pass the level of the should- er, the patient suffered pain. Howard Dick, engineer, at present assisting City Fngineer McClelland, gave evidence concerning the street lines at the scene of the acdident. Mrs. Flmer was recalled by Mr. Macdonnell, and asked about: her pre- sent condition. She said her arm tired much easier now than before the aceldent, and that she. suffered much pain, i This concluded the evidence in case. The defendant, Mr. Crothers, not called upon to give evidence. Rev. T. W..Neal wai present at the court proceedings, ready to be called but was not asked to testify. After * argument had heen heard on Loth sides his lordship stated he would reserve judgment. Mr, Mac: donnell claimed that a ty by-law had hoen violated in the placing of barbed wire on the lawn. Mr. Givens contended "that the accident had curred off the highway and the was not responsible Mi drew attention to the fact that Myra. Elmer had already decided on terms of an agreement for settlement. Just publ istie od a of his p it does, fr ra naining father of } 8 great if- Book the was on, oe dity: Whiting Real Estate Case "On the defendant, W. D. Carniich- ael, paying to the plaintifi, John A. McFarlane, within two weeks from thid date the sum of $1,000, paid by him on the alleged agreement, with interest team 'May Stir, 1913, and $25 for dam- ages, and his costs of the suit, this lier right arm. Later it wad found to be dislocated and wasiset by =a Everybody Has os ~ [the bi Centres Of Nervous Energy Enormous Amott of Blood Bol "Consumed in Supplying hee 0 Fcammending Dr. Chase's Nerve : Hag and know they have obtained or action is dismissed, and in default h ( Continued on Page 5.) Two Brains Wm. Hay) Spy 141, "1 am ghid of ah opportunity Sask., ; for it restored my nervous when I was badly run. down. y that [ have recommended it to results from. ve Food many times, In my fon there is nothing like it for build- ing Bo. & run-down system." It is "Wid mt one-fifth of h of the blond | uy in sha by hutian body is. du the mawutecturs of ner- TR a Ss rom wih me, red blood is fo is the greatest of herve the use of the . 'greatly did this treatment benefit | Otherwise opin- | 1 HEARD CASE OF J. A, McFAR- LANE vs. FALLON errr | For $685 Damages for Loss of Hay and Sinking of Pyké's Collision With a Mud Scow. The. session of the admiralty court opened 'at the court house on Thurs. day evening, at cight Justice Hodgins = presiding. It been expect that the court would have opened on Thursday afternoon, but Francis King, who was acting in one of the cases, also had 1 case before the spring assizes which was not corn- pleted until evening. The caso of John A. Macfarlane, ain and feed merchant, ve, Fallon Jros., contractors, for damages amon) a. to $685, was the first on the d Franeis King, who was appearing on behali of Mr. Maciarlane, raised objection to any evidemce on behalf -of the defence being taken on the grounds that T. J. Rigney, who was acting for the defendants, had failed to file certain necessary papers. The judge allowed the evidence on behalf of the defence to be given un-| der protest, .with a possibility of it | te} i thy, being thrown out at a later date. Only two witnesses for the defence had been heard before an adjournment was made until 9.30 o'clock on Friday mening. aclarlane is seeking damages for the loss of forty toms of hay, which he claimed was lost as a result of the mud scow, owned by Fallon Bros., plugging a hole in the scow day Boy while she was tied at the C.P.R. wharf' on November 10th, and sinking. the: scow Hay Boy with the full cargo. He claims damages amonnting to' $500 for the loss ol the hoy, and 3185 to cover the damage done to the scow, which is owned by Ur mt Pyke, of kingston, formérly of Woe Island. J. A. Macfarlane' was the first wit- c{ness called. He told of engaging the scow Hay Boy to carry the hay from Wolfe Island to Kingston. Forty tons valued at $650 had hee loaded on the Soow. When the scow arrived at the C.P.R. wharf on Nov. 9th it was tied next to the mud scow owned by Fallon Bros, The hay was to have been shipped on Monday morning following the accident. A. bout two o'clock on Monday wmorn- ingl Nov. 10th, Mr. Maclarlane was cphled to the wharf. When he ar- rived he found that the scow owned by Fallon Bros. had broken loose and was banging a hole in the end of Hay Boy. Seeing the great danger he immediatdly went to his brother's home for the purpose of getting ropes. When he arrived back he and his brother were Yn the act of plac-! ng the ropes on the Hay Boy when she sank to. the bottom, carrying her full cargo. The following Mon- "day mortiing he was able to recover about $100 worth of hay, which was tloating around the harbor, but the rest was a total loss. It cost $10 to haul the hay out of the water, which would mean tht he was a loser to the extent of $500. The scow belongibg to Fallon Bros: drifted for a while and Tater went to- 'pieces. Cross-exanrined "by Mr, * Rigney, Mr. Macfarlane stated that the wa- ter was about eight feet deep where the scow sank. The weather was blowing at the time; lost Grant Pyke, the owner of the scow, stated that he did not know wheth- er or not Fallon Bros. owned the scow but he had towed it for them on a number of ocoasions, He fig- ured his damage at $185. The hole in the scow has not, yet been fived. E. H. Pense, engineer &n charge of the construction of thy mew catise- way across the Cataragni river, swore that the scow which-did the damage to the Hay Boy. was the property of the public works department of the dominion of Canada, but was fn the hands of Fallon Bros. He had nsk- ed Mr. Fallon to make some repairs to the scow and then return it to where he got it, but this was not done. Capt. F. HT. Mitchell, who was in charge of the: schooner: Katia Hccles, which, was tied at the wharf the night of the accident, testified that he got up at twelve, o'clock that night and he noticed that the ud scot. had broken loose and was banging into the Hay Boy. He tele phoned Mr. Macfarlane of the state of affairs and ' he came down to the wharf, He claimed that he had made' an inspection of the Hay Boy, which, was tied up at Anglin's Bay, and would say that kt would cost at least B50 to fix the hole in ker storn. Joseph Fallon, the first witness for the defence stated that his Tiem had ceased to use the scow on Nov. Sth, dod had returned it to the C.P.R. whurf, Wheh cross-examined by Mr. King, Mr. Fallon stated that on the morning of the accident a min came to his home and told him that one of . their mud scows was damay'ng another boat at the CPR. what, put he did not think it was theirs, and for tliat reason he did not go to look, He later went to the C.P.- R. pile wharf,' where some of thie scows were tied. Joseph Pardis, the second wit- ness, was on the stand 'When the ad: journment was made. § (Continied on page %.) i lds ihn me ni The Fortunate Mr. 'V. There is a theatrical magnaté in New York who ia up on! nebds of the vg business Lah ft: tle bi y on general on. In jis office they were disoussing the prevalent hard times--theateal and A Well," »: fin in thi dwn busy all 1 s prople nl ¥ envy. The Hiidon B v7 compos wore store, | Port Witham * az 8 x pletely dred "thous. A 34 Hvaigultes al make wid scenes with #0, batted, Totonto, res Chase's N 50 cents Ty rh wr SE a Seow by) the Canadian immigration offices yes- o'clock, with heavy, had | thousands will { 1g " 404 Bales worn i McCaig, banker, gave similar instruc ie pin ashi" =| Hh, hinge hinges | Facuuf, he makes Want 4 Thousand Men (0 Help Them In the Spring Toronto, March 27.--With the open- ing of spring the ery comes from On- tario's rural parts for help. "We have sitions for 1,000 men amongst the armers right now," said officials at terday, "and" Guts ucqaities are being received each day. The immigration trafic is getting and during the next month be poured inte Caun- ade, The man who will be most rought for is the man who will go to the farm. "Can he handle a team of horses 7" is the only demand made by Ontario farmers, who feel the 'hired man" problem keenly. Special trains are already coming to the Union Sratian from the sy ports bearing -the mewcomers. People from northern Europe ave preferred by farmers, as they generally have some knowledge of rural life. On Mon- day. the largest number of the season is expected. § The unemployed, who have crowded theimmigration office hall, are gradu- ally leaving, having found émploy- ment. Only those who will not accept anything but a choice position are left, and for these there is no sympa- Monday's contingent should satisfy to some extent the ery of the fammers. However, any man willing to worklon a farm will not go long without "a position. AN EGOTISTICAL WILL Scotchwoman Wants Twelve Statues of Herself Erected London, March 27.--Extraordin- ary family egotism is displayed in the BARRETT. who will assume Kinggton Battery, CAPT. B.C. Of Barpiefield, ammand of the 5th LEA maatme-------- Ys ---------------------------- will of the late Miss Catherine Mec- "aig, of Oban, Scotland, which, after making moderate bequests to church wind charity, enjoins dpon the trus- tees as a first charge the erection of twelve bronze statues of herself, her parents, her brothers and her sisters, including a dead baby, at a cost of £2,000 yearly. A deceased brother, John Stuart tions in his will ten years ago, but he sister, who has just died, avoided the carrying out of the conditions. I'he executors - of the will propose taking legal steps to modify its whimsical instructions. OFFERED TO B¥SCAPEGOAT The Times Has a Story of Pagét's Self-Sacrifice London, March 27.--The Dublin correspondent of the Times states on the authority of one who was present at the war office conference, that af- ier General Gough had carried his point Col. Seely asked: '"What are we to do mow for the sake of the army?" General Paget replied: "You may make a scapegoat of me." Another Dublin despatch says that Col. Seely hotly attacked Lord Rob- erts in the presence of General Gough and the other officers, ex- claindng: "It is all your fault. You are entirely to blame." Growth of the Navies Eonflon Daily Chronicle 1 The opening of .the twentieth cen- tury has been marked above all other periods in the world's history by swiftness of change. With unparai- leled rapidity every sort and kind of activity has made increase, and this is as true of sfience and of Socim 'nstitutions as it is of trade and*in- dustry. Unfortunately the arma- ments of the pation have shared in- the general advance, and it is as tonishing to find that there are now six fordign countries that spend upon their navies nearly as much as, or even more than, we did as recently as 1894. In that year our navy cost us £14,000,000, an advance of only £4,000,000 upon 1874. Now Japan spends £10,000,000 and Italy £11,- 000,000, while Germany spends £23,- 000,000, and France £21,000,000, ci mentiariatt K. C. L Exhibition Grand Opera Housé, 8 pm. One hundred and fifty deserted]: wives ih the Old Country have asked the Toronfo police to find their hus} bands, The quality of White Rose flour aever varies. Mré. Albert Whale Toronto was he stantly killed by a stréet ear on Thursday night during a heavy fog. pr 4 Planinisy Half alih Thin People Heed Thin, IL you sre too thin. if you are pale and sallow, if yon eat seems not. Ag you; i your lips and hers a ars oh lorieas, it is because your ent t dn Ted morpuscles. and have LE strongth or nourisi- uot, called 3 eh 'Millinery dst winds, local showers. Phir north-east winds and Beautiful Easter = a * Qur Millinery has always enjoy- Em aa a a -- ed the reputation of being of un- SN usual merit and this season there .is absolutely no eomparison that can be drawn to illustrate in words a_i A r-- SS A the superiority of the 'style, char- acter and quality of this showing. The prices, too, are extremely modest. New Suits A number of very s art styles have just ariv- ed from New York--indis iduality and value--from $12.50 to $16.50, $17.50 to $25.00; others up to $45. With a deposit any of oar new spring coats or suits will be laid aside until wanted. - We cordially invite your early inspection. " y Ye Special "Ad.'" To-morrow. STEACY'S High Grade Dinner Sets Of the very finest qualily, pretty pat terns, artistic shapes and designs Open stock setts running from $60.00 to $250.00. : : Let us show you samples. LIMITED ROBERTSON'S, Electric Chain Showers & Brackets See our outfit for an eight room house at $18.00. Dainty and chaste. Special prices for home wiring this week. Come tM sée. HW. NEWMAN Electric Co. Phone 441 und 1376. Reon you cau always depend upon secur- ing shoe satisfaction here. Our spring styles are in- comparable in style, pricc and durability. . ember, we have the most pte date Teper plant i in the city.

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