E MISCONCEPTIONS OF CRIMINAL LAW Address Before Kiwanis Club by Judge H. A. Lavell. His Honor Judge H. A. Lavell was ihe speaker at the meeting of the 3 Club on Monday at noon at Frontenac Hotel and his address a continuation of one he had ¥en gome time ago on "Some Mis- ptions of Criminal Law." His was listened to With great tion by the large number of KI ns present at the meeting d it was greatly appreciated, ® dn opening his remarks, Judge 1 pointed out that: there was glar misconception of the of crime. Theft, murder such. like were considered put to exceed the speed limit drink too freely and too often 'jemon extract, to fish in forbidden at forbidden times, etc., was } eriminal. * The reason for this "that under the British North ea Act ¢omplete control of nal laws were under the juris- lion of the federal government. of the provinces were breaches provincial statutes, whereas r were breaches of the Crim- Code of Cinada, speaker pointed out another ' geption of .law and that was 3 people had a right, under the tish Crown, to be tried by jury. Lavell declared that this was so and said that there were tht 'were not indictable but tried by jury and there were ps that were indictable that not tried by a jury. Contrast- Canadian law with United States in this respect, Judge Lavell d that in the States an accused have a jury for almost any and he gave this as one-of reasons why it was so' hard to hp convictions in many cases. dge Lavell referred to a point your back is sore and lame 0 selatien or" Susanah , Poet Tu a 86 cent bottle of old, honest St. Jacobs Oil at any drug store, pour a little In your hand and rub it right on. your aching back, and the soréness and lameness is gone. In use for 68 It is absolutely harm~ d doesn't burn the skin. : MOST OLD FOLKS REQUIRE A HEART AND NERVE TONIC After middle age liftle sicknesses and aflments seem harder to shake off than formerly as the heart action be- comes weak and uncertain and the nerves are not as steady as the" were in the younger days. Now is the time wher all aged peo- ple who wish to maintain their health and vigor and retain their energy un- impaired should use MILBURN'S HEART AND NERVE PILLS Mrs. M. O'Connor, Whitestone, Ont. writes: --"'1 have been troubled, most of my life, with shortness of breath, palpitation of the heart, and fainting spells. 1 was advised, by a friend, to try Milburn's H. & N. Pills, which I did, and at once found relief, and I have never had a really bad spell since. 1 am 80 years of age and I always keep them in the house and feel that with their help I will see 'many years yet. I always recommend them to anyone who is suffering from heart trouble." For sale at all druggists and deal- ers. in law that is popularly believed by many to be in actual existence but is not, that a person accused of an offence is innocent until proven guilty. What really is the case is that an accused is assumed innocent but very often the onus was shifted from the prosecution to the defence. In some cases of accidents, neglig- ence must be proved in a general sense before a defence is put up. Take the case of a. man accused, under the O.T.A., of selling liquor, for example. All the Crown has to do is to show that this man had the liquor and then the onus was shift- ed to the defendant and it was up to him to show that he did not have it for gale. The speaker pointed out several other instances, taking as-an example a man who was picked up who was without any visible mean of support or place to go. This man must prove that he was not a vag- rant; or if a person were found with burglars' tools, it was up to him to show why he had them, -- } | Forms of Evidence. Judge Lavell referred to circum- stantial evidence and stated that this was one of the strongest forms of evidence that there was. There were three kinds of evidence (1) the evidence of eye-witnesses, (2) con- {| fession, (8) circumstantial. The speaker took these up in de- tail and in referring to evidence of eye-witnesses he stressed the fact that most crimes were committed when there was no one around be- cause no one, who intended to com- mit a erime was in the habit of in- viting anyone around to see it done. And again, Judge Lavell pointed out, eye-witnesses were very often contradictory, some of them lying, others being mon-observant, In case of an automobile, ¢ of the same accident have very of told entirely opposite stories. ~ Referring confessions," the speaker stated that one would think that this form of evidénce would be the very strongest possible to secure put such was not always the case for it had been kndwn for accused per- sons to confess things out of a de- sire for notoriety while at other times confessions had been made to shield others, Sometimes a mental kink was responsible for a confes- sion when an accused man had led himself to believe he had committed a certain crime. Sometimés honest mistakes were responsible for con- fessions being made that: were mot true. He pointed out a case where three men had been accused of mur. dn a January | Furniture Sale Everything reduced--a grand opportunity to save money. 3 der. One of them had confessed and all three were sentenced to be ex- ecuted, but before the time for the execution arrived, the man whom they believed they had murdered, was still living. Confessions were said. Circumstantial evidence, . either directly or indirectly was sometimes the strongest possible and some- times the most reliable. It was a well known principle, however, that in cases of circumstantial evidence juries were warned, The speaker returned to a point about confessions and pointed out that no 'confession could be given In evidence unless it had been freely and voluntarily given without pro- mises, threats or hints and the Crown must show that nothing was done to induce a man to make a confession, Where a person did give a confession, it was necessary for the official to whom the confes- sion was made to say that anything said in the confession might be used against the accused. The spéaker took up another point in connection. with popular con- ceptions of law. Many believed that a witness did not have to answer any guestion that would incriminate him. Judge Lavell said that no witness could be éxcused from an answer but an objection may be made or otherwise the evidence could be used against the accused. her point raised by ~ Judge Lavell wag that of the evidence of a wife. A wife's evidence was not always compellable but it was in some cases. "A man may be insane when he commits a crime," said the judge, "but he must be so insane as to not appreciate the nature and quality of his act and he must be made to un- am in sympathy with the movement to determine the insanity of accused persons. Dr. Ryan urges that ex- perts should be appointed to look into this. This would take the re- sponsibility off the jury and would do away with expert alienists ghield- ing wealthy persons accused of crime." The applause accorded the speak- er for his very fine talk was en- thusiastic and a hearty vote of thanks was moved by Kiwanian Meiklejohn and seconded by Kiwan- ian Fair. - Club Business. A letter was read by Secretary Macnee from the governor of the Ontario-Quebec district concerning the district meeting at Toronto next Wednesday, It was decided that President William Moore should at- tend the meeting. The boost for the day was put on by Arnott Minnes and a hand- some robe was won by Kiwaflan 'Harry Sargent. Two new "members, M. C. Dunn and Fred Graves, were enthusiastic ally received inte the club. COMMITTEE REPORTS AT THE CITY COUNCIL Temporary A pp ro priations Were Made to the Various Committees. 5 Reports of varicus committees were adopted at a meeting of the city copncil on Monday night. Mayor omas B. Angrove was ia the chair, \and ali the members of ge. council were - present. Ald Nash, elected by acclama- tion in St. Lawrence ward, took his seat, and at the .opening of the meeting, Mayor Angrove administs ered the declaration of office to the new member of council. Quite a large number of citizens were on hand to witness the 'dor Ings" at the first night session of the "city fathers for 1925. + In addition to Mayor Angrove, 'there were present "Alds. Boyd, » Oraig, Driscoll, Dunphy, Holder, John Fife Johnston, Joyee, not absolutely reliable, Judge Lavell | derstand that he has done wrong. I} -| Onder of Council To all Title tend their sincere t were the thousands icipants in were selected only after consideration: He siood within the te i Title Writing Contest ting Contest the judges ex- riting n eh choosing the prize-winning titles was particularly difficult and the ofthe following First Prisev $500 bn meth md od whip, Setupesaf." the Congoleum ent of entries that prolong After Gold Seal ONGOLEUM RT-RUGS Made in Canada--by Canadians --for Canadians and splash in Boe nid dom spilled things cannot stain them. "Brash the snow off, children. It can't hart this Congoleum Rug"' Heedless little, feet that love to tramp through snow that seem to pick up dirt wherever they go--bring no worries to the mistress of this and she knows it can be cleaned in a moment. Just a few strokes with a damp mop and the cheerful will be as bright and spotless as new. It's the smooth. seamless surface and the heavy water- base of Congoleum that make it so easy to clean. cannot work into these rugs. Liquids and' pattern Many Beautiful Patterns Con a few Er Ta And the sttsactive designs are so vasied bat You can the house. There are no bother at all to lay. the floor without tacks, ov. 9 fsokesiag of hs. far before you'll find such big value at so low bow sph sell Congoleum Art-Rugs. Gold-Seal Congoleum By-the-Yard, 9x3 £.$450 9=x7% $1125 9x12 £818.00 9x4ife 675 9x9 fu. 1350 9=x13fe. 2025 9x6 ft. 900 9x108fe. 1575 9x15 ft 22.50 85¢ sq. yd: Prices Winnipeg and points West proportionately higher fo cover extra freight _ Writ for folder, "Moderns R for Mod ue for fob wr Rs Rugs for ern Homes," CONGOLEUM CANADA LIMITED 1270 Se Patrick St., Montreal, Qyebec with authority to purchase deben- tures with the monies in the sinking fund, and to sell city debentures to be issued this year on the best terms available, subject to the ap- proval of finance committees. '**Ihat the Mayor be authorised to appoint deputations to attend Con- vention, and that the expenses In connection with their attendanée be paid by the corporation. "Theat the Mayor and city treas- urer be authorized to' adjust ¢he fnsurance on corporation property. "That 150 copies of the Rules of ¢ be printed In pamphlet fo ¢ -- Board of Works. Mo ropes of te voand to make purchases up to, but no! exceeding $100. a. Calvin Jackson be appoint. viewer, gineer communicate with the On- tario Government, in regard to as- sistance for paving Division street. thorized to open up' Lansdowne street, and that another stone quarry be opened there." The, following recommendations of the Paris cummittes. were odupts "That thficheirman be authorized to make purcheses up to, but not exceeding $60, "That the chairman be authoris- ed to purchase trees, shrubs, bulbs, plants, ele. for 1925. "That a cament walk be put down in Victoria Park, from Mack aud . streets to Frontenac and | streets, and spother from Redan strest to the middie of Fron: tense Park." The report of the health commit-| to 'tee, "That the . chairman be an- phariaet te male oureimns up "That the city engineer be au-| but not exceeding $50," was adopt- ed. To Erect Shelter. The property committee submit- ted the following report, which was "That the application of 'W. BH, Hamilton, to eréct a shelter for his horse at Market bullding No. 2 bs granted, the work to be done un- der the supervision of the city en- €ineer, and without cost to the cor- poration. "Fiat tenders be called 'tor leas- ing the Murdock pasturage prop ""That the chairman be authoris- éd to make purchases up to but sot exceeding $50." These recommendations of ~ the fire and light committee were pass. to make purchases up to but not ex. Seodiag ¥73. "That tenders be called for 11 men's and three officers' uniforms." The report of the Industries Com- mittee asked that the chairman be given the power tq make expendi- tures up to $25. report was The following communications were referred to committee: Salvation Army, ro juveniles court. Department 6f Public Wotks, re licensing the stedmeér Wauble. A letter was received from the family of the lete Jashes H. Meét- éalfe, acknowledging resolution of # a A AON i Diy ara nk th a Si a i» i pal i i RC i ur