Che Daily British Whig 4 PAGES 18 YEAR 85: NO, 225 N THE BASIL CASE BENG. ARGUED Before the Court of Appeal At Osgoode Hal, Toronto ENDEAVORING TO PROVE THAT ARCHBISHOP SPRATT WAS NOT RESPONSIBLE For the Attempt to Remove Sister Basil to an Asyhmn--Mr, Mec Carthy Objects to Press Pub lishing Stateryent of Claim. Toronto, Sept. 27.--The Appellate Court at Osgovde Hall is hearing the appeal of the defendants, Arch- bishop Spratt and others, in what has become generally known as the "Sister Mary Basil" case at Kings- ton, in which, after a trial develop- ing markedly sensational features, verdiet for the plaintiff was given in Justice Britton's court, with dam- ages amounting to - $24,000. or this $20,000 was against the arcn- bishop, the Roman Catholic Cor- poration, the Mother Superior, Frances Regis, and Sister of Char- ity, and $4,000 against Dr. Daniel Phelan, It is from this judgment and the impost of damages attached that appeal is taken. The case, which opened yesterday morning, is expected to be continued throughout to-day at least, an im- posing array of counsel being' en- gaged, these including Messrs. Mc- Carthy and Tilley of this city, Rig- ney and Cunningham of Kingston. The argument is before a full bench of five judges. Sir William Meredith, presiding, and Justices Maclaren, Magee, Hodgins and Fer- guson. " What About Press Rights? D. L. McCarthy, KXC., for the Mother Superior, Archbishop and the other defendents, stated that he had objected to certain clauses in * * the pleadings when the trial began. The statement of claim was pub- lished: by the Kilogston papers. "Wasn't that improper?" asked the Chief Justice. i 4 f Justice - Hodging--'The = papers I can get copies." Sir, William (Meredsth--"But don't see that newspapers can pub- Heh a statement of claim without running the risk." Mr. 'MeCarthy----They risk, [I suppose." Archbishop's Responsibility. An attempt to prove from the nun's evidemce that responsibility for the offence of trying to remove Sister 'Basil did not rest upon the prelate characterized Mr, MoCar- thy's argument, which occupied the afternoon. "It is suggested that the Arch- bishop was the author of the order for removal. Either he knew of it and did not prevent it, or ordered it himself," said Mr. McCarthy. Chief Justice Meredith--"If he was consulted, and advised such ae- tion, would he be liable " Mr. McCarthy--'1 don't think Mr. MoCarthy endeavored to show that throughout the whale period of the conspiracy Arch- bishop Spratt's attitude was one of unswerving kindness; that his Grace's good-will was shown in having 'her removed from time to time to more congenial surround- ings and in offering to give her dispensation from certain of her vi take the 80 ows. "What have evehts two years previ to the assault to do with his alleg part in the assault, on account of which damages were granted?" asked Justice gee. '""This evidence was admitted at trial in spith of me, and I am using it now to show that his conduct was of wunvarying kindness," replied counsel. ? . The presiding judge asked how it was that not all the vows wero subject to the Archbishop's dis- pensation, "The vow of chastity has to go to Rome," repMed Mr. McCarthy. "His Grace could relieve her of the 3 temporary vows, poverty and char- Counsel for the appellant told of her life at fous communities of the order her meeting with Father Mea, who was ill and was acting as chaplain at the place where she was in residence, all with a view to proving her suspicions |' against His Grace unfounded. » of Posteards. . r connected Sister Mary Basil's name with certain a iainous posteards circulating at St. Mary's of the Lake," sald Mr." MeCarthy. -**There is no evidence of the 'rumor or of their character," said Mr. Tiley. g "The Archbishop heard of these WHIG CONTENTS ish Attack on Wide Front: ; Attacks ed; Gers by Attacks; Basil and J ; Away From Police; Inci- of ghe Day 1a investi- | to McCarthy. | cards and went there gate," ' continued Mr. "The Ar¢hbishop insisted to Father | Mea that she had sent the cards, but | Father Mea doubted the correctness of this. 3 "The Archbishop then told Father Mea that 'the person who wrote the cards had a diseased miind, and] would find himself or herself in an| asylum sooner or later, Father Mea | then told her that the Archbishop | planned to send her to an asylum. | "In Oetober, 1915," he continued, | "when she was living with private | persons in Kingston the Archbishop | induced her to return to the com-| munity to take care of the rooms ot Father Mea, who was chaplain then | at St. Mary's-of-the-Lake. - { | | | Sister Basil's Charges. "That is all there is in her evi- dence to connect the Archbishop with the conspiracy to send her to an asylum," said Mr. McCarthy. "For a time she lived there, appar- | ently happy. Then the 'whole woods | were set 'on fire' by the letter of} April 18,.1916, in which she.charg-! ed gross mismanagement of the in-| stitution." { "Were these charges. ever dis-| proven?" asked Justice Hodgins. | "Yes," said Mr. McCarthy. | "No," said Mr. Tilley | "An important charge was that | of 'graft' against the Mother Gen- | eral in connection with the change | of heating system. | "This matter was introduced to show why the 'DMother General | would be embittef®d against her and thus to explain the conspiracy," said| Mr. McCarthy. { The letter, it appears, was gorrect| enought in form, being a formal re-| port such as each member of the, Order was entitled to make prior to| the election of a Mother-General, | The accused Mother-General was] liowever, re-electe§ in July. "When she interviewed the Arch- bishop during his visit to the Institu-| tion and, according to her, he de-| clared that he believed her charges) 2: "Dr Tilley, were made in good faith, this admis-| sion showing an Improvement in| their relations," said Mr. McCarthy. The Case Resumed. Toronto, Sept. 27.---~The argument in the Basil-Spratt appeal case was resumed this morning by D, L. Mc- Carthy, K.C. The case against the archbishop, Mr. McCarthy said, was based on conversations that took place before the attempted removal and two of these did not show any- thing, and unfortunately this was not explained to jury at the trial by His Lordship. As to another alleged con- versation with Dr, Gibson, only part! of this was read to the jury, who! were asked to draw an inference upon it. Referring to a conversation between the archbishop and Father Mea, in which the archbishop object- ed to Father Mea interfering with his administration, the counsel claimed that the jury was placed in the posi- tion of having to guess what was the full significance of the conversation. "You objected' to the Court ruling | in regard to the reading of only part | of the archibishop's examination for discovery. Your objection was rath- er wide and'if there are any ques- tions which should have been read why not read them?" asked Justice Magee. Mr, Tilley, counsel for Sister Mary Basil,' however, objected that he was the only one, aceording to the rules of the court, who was in a position to-read questions from the éxamina- | tion for discovery of any of Mr, Mc-| Carthy's clients. So far as Dr. Phelan's part in the assault was concerned, Mr, McCar- thy argued that his position was a good deal similar to that of a person in a house where a servant might go crazy, if he was sent by some one ito 80 and get the police to have the ser- vant removed. "I cannot find any cases to show that he is criminally Hable, sstated counsel. "I dd tot know that," stated Chief THE ATTACKS CONTINUING EBINGSTON, ONTARIO, FRIDAY, SEPTEMBER 27, 1918. STEADY PROGRESS IN THE BALKANS 8 U's ous a % Ky rululg oc Z| Vi es 'o WT, i nT Diizari Ro Rr" Uren pita -- $ = Ro a i Isvars,®. N Egmilovias a Rosamig NS Tit 22 Rehmaniia plrvens st /. > Fhe g i 249, Banits TILIA, chor A ) eo $0 7 ® 7/15 12.5 0rov, 8 11; rat st 4 eo 5 FSi ily, ~ /) » b Krupi3ta Wily ii oNy : Yr, . : te, of the Serbian and French attacks on Bh rec IS RNS 5 a A _Badoyishts z= Lidim, res S Oo Js CW) TERE \@stroyo Gramatif Niausta ovo lo Katranitza The dotted line i the old trench system; the black line the presen a8. Drava® Kadiredshepl ana 4 "$F fr 3 ost on i Gomendsheo § PInIant os Rosmitza 3 \J Park Tus Gorgop o ofapaskor AghyMdar, Kefalovaly tza 5\ 2 Vo ena Yani > ° o Krusha Kupanoya® L.. ° LL Vera Libaove . Kolindro 3 ~ 1 KH aA -~ - v O Dratsiko Kitros by Katerina § x the left and the British on the right. t rront, AT ~ Rikor No) Fas mA . ua 4 for \ a &. a a", i, =~ Pn 1A Kilindir. "in, "= A Sp, Kushovg ett np aaa irgva., "1s, at RL " ty "teu, Abe arrows show the direction 0 Rn, mann, GERMANS DA BY THE ATTACKS Of the French And the Americans in the Champagne. N J Tol AMERICANS ADVANCE DEPTH OF FOUR MILES. Seven Thousand Prisoners Taken The Total Length of Line of At-| tack iis (Over Forty Miles. | (Special vo the Whig) London, Sept. 27.--French and] American troops launched an . at- tack Wednegday morning on a front | of forty miles, between the Suippe | and the River (Meuse. The Germans | voluntarily abandoned their forward |} positions. The Americans attacked | on the right and the French on the] left. The Allied forces penetrated | German Ipositions for several miles. | The French fourth army has tak-| en Servon, which hey been in the hands of the enemy since 1914, and Navarin farm, where there jhas been heavy fighting. Attack Continues Satisfactorily. (Canadian Press Despatch) Paris, Sept. he France- American attack on both gides of the Argonne is continuing satisfactorily. PY ado Justice Sir William Meredith, "but I should think he was criminally liable | in aiding and abetting in this at- | tempted abduction, He knew she was | not insane." | "What he knew was that a sister | asked him to get Naylon, the consta- ble," answered counsel. Mr, Tilley's Argument, In opening his argument, W. N. Tilley, K.C., counsel for Sister Basil, first dealt with the question as to the legality of making Archbishop Spratt @ party to the suit and dealt with the contention that the corporation as such had nothing to do with the alleged assault. From the statutes he read certain sections to show that a dignitary of the church given the right to hold real estate on behalf of an institution can be sued. t "He is to have charge of a body te," stated Mr. Tilley. "He r be sued. He is a corpora- tion sold\and may be sued 'as a 'cor- of to satisfy such claims as this, toNghich Mr. Til- ley replied that he could\not ARny- thing improper about suph ligbility. "How can a corpo be held liable, probably criminally cause he happened to be bishop dith, "If he had no authority an act and did it, would the corpora tot be liable?" reply, Mr. Tilley pointed - that the sisters in the institution had to obtain the sanction of their ordin- ary ey could remove Sister Basil. sel went on to show that the evid of Dr. n was in effect that the doctor himself came to oo uit dim before a © as to her mental conditio n. ; Gibson said," declared Dr. 'I don't like to give a cor- finax Sister Basil's 11tq wens for aes 3 2 Was h 'obedience, tificate without seeing her!' but told Bim. that he 't , Mr. Tilley declared The total length of the line of at- tack is between forty and {itty miles. The Americans advanced to an average depth of four miles, tak- ing over three thousand prisoners. An immense amount of booty was taken. eof TY The Germans seenfed dazed vy the ferocity of the attacks. One American division took twenty guns t T t --- Bulgaria's Premier Asked Armistice (Canadian Press Despatch) 'London, Sept. 27,--Pre= mier of Bulgaria has made an offer of an armistice to the Allies, according to a Berlin message. The mes~ 'sage states that the pre- mier's offer was made without. the. supaort of the members of the cabinet or of King Ferdingnd.- The Berlin message that Malinoff's offer has creat- ed great: dissatisfaction in Bulgaria and that strong military measures have been taken to support the' Bulgarian front. According to statements from Sofia by way of Jas- sy, it is added a counter movement against the action of the premier has already been set on foot. (This would seem to indi=- cate that a revolution is in progress in Bulgaria.) ~ THE BULGARIAN OFFER TO ALLIED COMMANDER Who Said He Would Merely Receive Only Qualified Bulgarian Delegates. (Canadian Press Despatch) Paris Sept. 27.--The French com- ander in chief in Macedonia official- ly reports today that the Bulgarians have asked for a meeting to arrange conditions of an.armistice and even- ual peace. The French commander eplied refusing to suspend opera- ions, but saying he would receive duly qualified delegates of the Bul- garian Government. Germany Protests, (Canadian Press Despatch) London, Sept. 27.---Germany in- tends to send a solemn protest to and hundreds of prisoners. .| factory progress is being made. Prisoners Number 7,000. (Canadian Press Despatch) Paris, Sept. 27.--The successful development of the French offensive begun yesterday in the Champagne is reported to-day by the War Of- fice. Over the entire field of at- tack by the French,| between the River Su and 'the Argonhe for: |! est, formidable German positions of a depth of more than three miles were brilliantly carried. The French have captured Butte «du Mesnil, 'Butte du Souain, Butte du Tahure and the villages Tahure, Ripont, Rouvroy, Cernay-en-Dor- mois and Servon Melzicourt. More than seven thousand prisoners were taken. ; French fortes resumed their at- tack this morning, and despite un- favorable weather conditions satis- Medical Students Sent Back. _ London, Sept. 27.--In order that the supply of doctors and dentists, id not be depleted, a: ments i been made for the return from France to England of all Canadian one-year students who desire to re- turn to Canada to resume their Retinal studies. The same plan is studies. J Meanwhile the Canadian Dental Service is kept busy both in Eng- I a Rave Soot trang ob 2- month by. the dental officers. from Quebec atate that] infivensa -epidemic 1s made with the consent of dinag® and with a v peace) Clark, who is seventy years old, has made application ment to pilot some of the submarine chasers styled eagles which Heary : Ford is building for the their trip from Detroit to the ocean. good phe So captain and knows Torouto General rived jn London and ed one of the consulting the British Bulgaria against Premier Malinoff's request for an armistice according to Berlin reports received in Amster- dam and forwarded by the Exchange Telegraph Company. Bulgarian King Congified™-- (Canadian Press Dedunten) s, 27.--Despatches here this afternoon state that the appeal of the Bulgarian commander-in-chief n Macedonia for an armistice was King Fer- to eventual WOULD FIGHT THE HUNS. Wants to Pilot Henry Ford's Eagles = to Const. a "Sodus, Sept. 27.--Captain Hiram to the Govern- war on Captain Clark is hale and hearty, eyesight and for years was every and .shoal on the route the submarine chasers would have. to take. He Is more than anxious to get into the fight against the Germans, and thinks this will be his chance. Se a: Dr. Starr, consulting surgeon, Hosp! 1, BRITISH ATTACK ON WDE FRONT South of the Seaseé River And Are Mak ing Good Progress. TO DRIVE WEDGE BETWEEN DOUAI AND CAMBRAI The Sensow River Passes Through Douai and is One of the Most Ym portant German Bases on Artois Front. : (Canadian Press Despatch) London, Sept. 27.--iBritish troops 'attacked on a .wide front south of the Sensee river this morning. The first "reports indicate that satisfac- tory progress is' being made. The Sensée river is a small stream flowing to the north-east and parali- eling on the south, the Scarpe river, which flows past Arras and passes through the important eity of Douai, ong of the principal German bases on the Artois front in France It is probable that the British at- tack is made for the purpose of driv- ing a wedge between Douai and Cambrai, about fifteen miles to the south. . The British lines were advanced slightly north of Sensee in a local operation during Thursday night, and there were successful loeal at- tacks in Flanders. The text of Field Marshal Haig's report follows: "At 5.20 o'clock this morning our troops attacked over a wide front south of the Sensee river. First reports indicate that satisfactory progress is being 'made. During the night successful local operations were carried out in the neighborhood of Arieux, north-west of La Ba¥ssee, and south-west of Fleurbaix. Our line was advanced in these localities and prisoners were captured. -- Canadians In Attack. (Canadian Press Despatch) London, Sept. 27. ~Canadian troops pushed forward on the north- ern flank of Marshal Haig"s attack this niorning. Favorable progress is rted on a front of three miles to depth of a mile and a quarter across Canal flu Nord. Sixteen thousand German prison ers were taken by French and Ameri- cans in the Champagne drive. * ---------- o War % headquarters statement which , were German says seven Allied airplanes, attacking 'Frankfort-on-Main shot down Thursday. : Surman, sinromios at Buhl, twen- yfive miles "west of Karls ruhe and anerilrstantern. between Mefz and Mannheim, have been independent air force. To German % (Canadian Press Despateh) Santiago, Chile, Sept. 27.--The Chilean Government has ordered the naval authorities to- occu; with armed forces all inte German ships in Chilean harbors. a ---------------- The British are still making slight to neces and have taken several hun- PL between Selency and is coming' Wilfrid Laurier will arrive in willy tell the Toronto on Britain's 'war ac- Sept. 30th, Oct, 8th, and OBJECT OF THE ATTACK bombed by machines of the British . [REPORT THAT USKUB | | HAS BEEN CAPTURED | { | The Serbians Have Seized Ba~' buna Pass--20,000 Prison= ers Have Been Taken. Athens, Sept. 27.--The. Allies are pursuing the enemy on the entire j front between Monastir and Veles. | Franco-Greek detachments are | marching toward Prilep, which has i been occupied by French. On the | | | | (Canadian Press espateh) | left bank of the Vardar, British and | Greeks are pursuing the fleeing en- {emy toward Valandova. | | | Veles, twenty-five miles southeast of Uskub, in Macedonia, has been captured by the Serbians. mre Uskub Reported Taken. (Canadian Press Despatch) London, Sept. 27.--The Bulgarians are still retreating rapidly and it is | reported Uskub has been captured. | The Serbians have seized Babuna Pass. Twenty thousand prisoners {and two hundred guns are reported taken, yi Serbians Take More Places. (Canadian Press Despatch) London, Sept. 27.--In . the suc- cessful continuance of their drive northward, the Serbians have en- tered Ishtib and captured other im- portant ppints, says the Serbian of- ficial statement of Thursday. A | great number of additional Bul- garians and Germans have been captured by the Serbians,/who also have taken enormous quantities of war materials. The Serbians now are west of 'the | Ishtib-Veles road and have captur- ed the height of Bogoslovets, south of the road. North of Desnirkapu, in the direction of the Bulgarian border, the Serbs have captured the ridge of Beli Kamen. The Allied troops in Macedonia have captured more than 10,000 Bulgarians and Gerinan; prisoners, says a statement from the French office. More than 200 guns also have been taken. $69 PER TON \_~_ FOR NEWSPRINT Paper Controller Sets New Price as Result of Long } Inquiry. Ottawa, Sept. 27.---Robert A. Pringle, K.C., the Paper Controller, has set new prices for newsprint paiper. The price for all the mills is $69 per ton, instead of $67, with the exception of the Fort Frances Mill, which was allowed $74 per ton, | subject to certain deductions for | freight rates and duty on sulpkite, which charges.may be reduced lat- er on. The new order of the controller is for sixty days, or to December 1, and is retroactive to July 1. It was not the price the manufacturers felt they were entitled to receive. DECREASE IN LOSS OF BRITISH SHIPS But Sinkings of Allied Vessels Slightly Greater in August : Than in July. s Sept. 27.--Although the { British shipping losses were lower, | there was a slight increase in the {total Allied and neutral shipping | losses, due to enemy . action and | marine risk, in August over July, |according to a statement by the Ad- | miralty issued yesterday. The total | figures are 327,676 gross tons, an | increase of 3,904, divided as fol- lows ' Allied and neutral losses, 151,- 275, an increase of 10,027; British losses, 176,401, a decrease of 6,123. London, PRUSSIAN WAR MINISTER. Has Resigned According to 'Advices From Copenhagen, (Canadian Press Despatch) London, Sept, 27.--Lieut.-General von Stein, Prussian war minister, is reported to have resigney, according to advices to the Exchange Telegraph Company from Copenhagen. General von Stein became Prussian war minister late in October, 19186, succeeding Lieut.<Gen. Wild von Hohenborn, who was placed in com- | mand of an army corps on western | front. General von Stein had been in command of 14th reserve. army corps, after having served as quarter- master-general. Before his appoint- ment as war minister, he was in com- mand of troops on the Somme front in France. General von Stein tend- ered his resignation as Prussian min- ister of war on July 13th, 1917, but it was not accepted. HAD TO SEEK REFUGE Kaiser And 'r Royalty Down in . (Canadian Press Despatch) Geneva, Sept." 27.--Egiperor Wil- liam, Field Marshal Duke Albrecht, of Wurtemburg and Prince Stephan. of Schaumburg-Lippe were in Mann- heim last week when the British air- men raided the city. The royal party was staying in the Royal Palace and the emperor and his staff promptly took refuge in the cellar, remaining there twenty minutes. The palace yas not hit, but the bombs fell in the v ; (xions on the HEATY ATTACKS ARE PREDICTED evs ty THEY ADMIT SOME DEFE AND SAY THE SITUATION IN PALESTINE IS SERIOUS. German LD ' The Palestine Situation is Also Bad, They Say----German Soldiers Who Refuse to Fight Are Now Intern- ed. The Hague, Sept. 27.--The Ger- man people are being prepared for a fresh retreat of the (German arm- ies, and are told to expect renewed and heavy attacks on all sections from French, English and Amer cans. The German soldiers who refuge to fight are no longer shot, but that they are interned in a big camp near Hanover. Cases of drafts refusing to retufn or go to the front are now quite frequent. The Kohlunische Volks-Zeltung predicts fighting on a large scale on the west front. "There is no longer any doubt," it says, 'that our enemies in the west, namely, the French, English, and Ameri- cans, are preparing for a new at- tack, with which they hope to change the luck of the war." It asserts that a big attempt to break through Cambrdi - and St. Quentin has failed, but admits that on September 18 the Allies suc- ceeded in driving the Germans back on a front of 35 kilometers, but argues - that the attacking forces reached the Slegfried positions in only a few places, and that the counter attacks were severe and re- sulted in tremendous losses to the English. Big new attacks may be expected, it says, especially as the English: line has wot advanced much, ---- Indicates Further Attacks. The paper pays special attention to the, fighting between the Ailette and the Aisne, and says that the fact that the French are putting in fresh reserves indicates further at- tacks; which it~ thinks will be de livered by French and American forces in co-operation. N "It must be admitted," it pro- ceeds, "that the American troops had a partial success near Thisgu- court, the importance of which we don't wish to underestimate. "Undoubtedly, however, they have not obtained what they strove for. The Americans Nave not at tempted fresh' attacks against - the new position which .our troops took up, and have only now brought up their artillery. It is, therefore, to be expected that fresh attacks will follow. "The losses which we suffered at Thiaucourt were only'those which might have been expected during a retirement, and were proportionate ly small. We cannot, however, tell whether the Americans will under- take their next attack on this sec- tor. With the heavy fighting which is to be expected on three big sec- tiong of the front in the near fut- ure, a certain nervousness will be felt at home, but the military com- mand looks with confidence to the results of the coming battles." The Volks Zeitung admits the re- cent breaking through on the Turk- ish front, and remarks that the British. appear to have been well prepared to exploit their successes, "The Turkish troops," it says, "are at present in a serious situa- tion in Palestine, especially as thelr rearguards are menaced by the Arab insurgents." DEALERS MUST ROTATE A DELIVERY OF COAL Regulations for More Uniform Distribution are Promulgat- ed--Preferred Consumers. Ottawa, Sept. 27.--Regulations providing for the more uniform distribution of coal needed for in- dustrial uses in Canada have just been approved by the Governor in Council at the instance of the Fuel Controller. 'While the Fuel Controller en- deavors as fpr as possible to avoid vosiugn of irksome restric- coal trade, action was, in this case, fo upon him through arrangements recently com pleted for the shipment of United States coal to rs were discriminating in tr pester deliverfes in favor of their most valued customers. The regulations now passed are intended to mote fair and equitable distribution of Industrial coal. CARRE It is provided that all mine oper- ty, il, Alberta Minister Resigns, { Edmonton, Sept. 27.--Hon. Wil! {rid Gariepy, for some years Min-| ister of Municipal] Affairs'in Alberta Cabinet and in-the recent changes made Provincial Secretary, has re- | signed. He claims his reasons are those of business. He will stil] re- tain his seat in the legislature. 4 The liberation of Palestine by the British forces ill be celebrated here by a demonstra at arnegie Hall, New York, next Sunday night. . -- Pighteen nurses are leav ron En ioe, es. Are leaving Spanish influenza. ators in Canada and importers of industrial coal to - this country shall Toss deliveries of such coal among their customers in propor- tion to their requiréments, that no one industrial comsumer shall gt any time have advance supplies on baud wins others are under-sup- Pp . cB 'preference list of coal eon- sufuers is- lations. T include raf