# x 10 FOUND BOTH PARTIES "WERE NEGLIGENT ward In Marshall-Kerrison Oase--Action Against Fair | Assoclaticn Is Heard. The case of James Marshall, Helen | Marshall, Helen Douglas and Eliza-| 'beth Douglas sgainst Stanley Ker- gison, Jr., and Stanley Kerrison, Sr., | was concluded early on Friday after- | noon and the evidence given to the | jury which returned a verdict short- ly.after the sessions opened for pro- ceadings on Friday night. The jury found that negligence was contribu- tory by both sides on a basis of 60- 40, Kerrison being found 60 per cent. responsible and the plaintiffs 40 per cent. The claim was for $2,- 000 damages as a result of the accl- dent but the jury granted the follow- ing: James Marshall, $460; Helen Marshall, $160; Helen Douglas, $150 and Elizabeth Douglas, nil. *. The jury found that the accident was caused by negligence on the part of Kerrison because he had ap- proached the Intersection at too great a speed and had not paid enough sgtention to the Marshall car. It was also found by the jury that the plaintiff could have, by exer- cise of reasonable care, avoided the accident by approaching the inter- section at which the accident occur- red at a slower rate of speed. The first witness for the defence | called in the afternoon when the case was resumed after the noon re. ceds was Frank Clow who saw the | Marshall car on Albert street and passed it near the corner of John- son and Albert streets. Clow said he was going along Albert street be- 'tween Brock and Johnson streets "and wanted to turn down Johnson "street but was afraid to do so on 'mccount of the great speed of the approaching Marshall car, which he|he said, was blind and without life | off. declared was travelling at 35 miles an hour, When one-third way down 5 Dowker, Robert Gibson, Sr., J. "IME DA and {he jury heaped words of praise | ney declared that there was a crowd on those in charge of them. back of the track. He denied that The jury took exception, However ! anyone had stopped him and 'told to the poor heating system in the | nim that a cannon was to be fired Court House, finding the furnaces! and was not warned. He stated that not of sufficient Heating capacity for | he did not see any mounted men or such a large building. They 2180 megaphones. : recommended a toilet and lavatory! was now nearly six giclock and to be installed in th visiting judge's | court 'was adjourned until 7.45, the room, also better ventilation in the | presiding judge being very anxious Court, Room chambers. to get the evidence in the case last night Thomas Smith's Action. Following 'the reception of the Another Night Session. Grand Jury's report, the Thomas Fred Timms was the first 'witness Smith vs, Kingston Industrial Agri-|.siled by Mr. Herrington cultural Society case was proceeded | svaning session and he declared that with and the following jury selected: | ho had been around the midway on J. B. Bunt, Robert Webb, Frank ne night in question and had come Caldwell, Henry Breathwaite, Pat-| yup the track and stood at the west rick Hogan. Jr. Willlam Healey.| ide of the judges' stand. He did Ernest Godfrey, Joseph Clarke, Her-! not coo the gun at first because it | could not be plainly seen. He was B, Davidson and Daniel McGowan.| even feet from the judges' stand W. H. Herrington appeared for the! nq was right beside thé gun. He plaintiff, Thomas Smith and T. J.|gtq0a there for about half an hour. Rigney and Ambrose Shea for the | Jo heard no warning that the gun defendant. was to be fired nor did he see anyone Plaintifi's claim was for $10,000 giving a warning. There was no damages for injuries received when | indication, he said, that the gun was a gun was fired at the Fair Crousds {to be fired. He saw Smith six or during the pageant held at the seven feet west of the gun. In ans- fn 1924. = wer to Mr. Rigney, witness said that Before any evidence was taken, T.| the carriage of the gun was not on J. Rigney offered defence that the | ihe track. The gun was not on the air in the | Kingston Iydustrial Agricultural So- | track and there was no fence in front ciety was not an incorporated body despite the fact that it holds a year- ly fair and therefore no claim could be made against it. After consulta- tion, it was decided to go on'Ww the evidence and at the end of thab time to produce evidence to show | whether or not the Kingston Indus-| trial Agricultural Society was an in. | corporated body. Dr. .C. E. O'Connor, eye, ear, nose | and' throat specialist, was the first | witness called for the plaintiff and stated that he had attend- ed Smith and had treated him for injuries received in the accident | atthe Fair Grounds. His.left eye, | and he could not distinguish light from darkness with the left eye. Dr. of the gun. Percy Dowsley stated that he stood between the wheel and the muzzle of the gun for about ten min- utes. People were warned to get way from the gun. The warning, 'he said, was given quite loudly and plainly. Three minutes elapsed be- tween time of the firing of the gun and the last warning. People had crowded away from the gun as a re- sult of this warning. ¥red Belwa, who was also present, said that he heard no warning that a gun was to be fired. Percy Potter said he stood at the south side of the grand stand when the gun went He neither héard nor saw warn- ings. There were people moving around the judges' stand but there Johnson street, after the Marshall | O'Connor stated that he had. never | Was nobody on the track. 'car had passed, Clow heard the crash and went to the scene of the acci- ° dent. ~-- My. Cunningham in addressing the Jury pointed-out that it was necs- mary for the plaintiff to positively establish that the accident was caus. ant. He referred to the fact that the | evidence was very contradictory, giv- ing examples of this in the evidence |as he knew, none of those tdking |g. 'that had been taken. . Mr, Bhea, in his address to the] 'Jury, made a resume of the case, | dwelling on different evidence with | regard to the rate of speed of the Marshall car and bringing out that something must have struck the rear the Marshall car to cause it to jwerve and turn over as it did. His Lordship Mr. Justice Grant in addressing the jury pointed out that | most of the jury cases in. the ast 5 years had been furnished by "tars, He supposed that three out of five or even three out of four jury cases were about cars. The car, he Said, was here to stay until some- thing faster took its place and it ust be reckoned with. {Ambrose Shea represented the and A. B. Cunningham counsel for the defence. Grand Jury Report. * Before proceeding with the next 'ease on the docket, that of Thomas f8mith, plaintiff, vs. The Kingston 'Industrial Agricultural Society, it 'sanounced that the Grand Jury | feady to present its report and presiding judge consented to ac- 4 The report was presented by the jomat, James Daley, and told of b thorough trip of 'inspection made t the members of the Grand Jury ; igh the Jail, the Bastern Dairy Rockwood Hospital, The General Hospital, Orphans' St. Mary"s-of-the-Lake, Hotel , House of Providence and for the Aged. ng to in first-class condi- The report commented upon cleanliness of the institutions The jury found examined Smith's eyes before. Dr. Ambrose Lawlor and J. BE. Kane also | gave evidence, practically confirming; Dr. O'Connor's statements. Col. J. N. 8. Leslie, chairman of the Historical Pageant held in 1924, questioned by Mr. Herrington, said _ ed by the negligence of the defend-| that he had made dealings with Mr. R. J. Bushell for presenting the pageant at the fair in 1924. So far] part in the pageant had received any money for their services. He be- leved the Fair had got any money there was. Correspondence between witness and Mr. Bushell was pro- duced. Witness did not know, who brought the organizer here for the pageant. The idea of having the guns had been suggested by him and he had secured permission to have them placed 'at the fair grounds for the pageant. . The R.C.H.A. had sent up the guns. John Smith, called by Mr. Her- rington, said that he was working for Herbert Orser when he got hurt, He had started to work the week be- fore the accident occurred. Mr. Or- ser had said the Falr would pay Smith $2.50 a day. He did work in connection with the pageant. On the day of the accident he had been told that he was to help take down the canvass scenery of the pageant that night. ° After having helped to put a plano up in the judge's stand at the track at the fair grounds, Mr. Smith had gone over to the school fair tent on the other side of the grand-stand and was, returning around the left side of the grand stand, the side nearest the stables. . He went, he said, straight across the track, then along the side through a crowd of people to near the judge's stand where the accident occurred. Smith said he did not see any gun and no one had told him there was a gun there. In reply 'to. questions, witness stated that he did not kiow when he regained consciousness. He was at the Hotel Dien Hospital for seven- teen days. The bill for everything was $300, En Mr. Bmith, questioned by Mr. Rig- John Couper stood at the judges' stand for fifteen or twenty minutes and neither heard nor saw any warn- ings. He did not know the gun was to be fired nor did he see any men in uniform. Mr. Rigney--*Did you see Smith before the accident happened?" Witness--"T saw Smith coming down the track." Mr. Rigney--"Did you ed the gun Witness--' No." Mr. Rigney-- Did you see Smith in any argiment?" Witness--"No."" Mr. Rigney--'"Did you body else on the track?" Witness--*' "No." Mrs. T. Smith, wife of the injured man, was called and she corroborat- ed the evidence given by her hus- band that he had been employed by Mr. Orser and had paid'her hus- band's wages to her. She declared that Mr. Smith had been much af- fected as a regult of the accident. David Saunders said he saw the cannon when he was at the grand- stand side, opposite the judges' stand. He saw a man in uniform behind the gun. Mr. Willonghby heard no warn- ings. Some child had said that the gun was going to be fired and he and his wife and children moved quickly away but they had not gone three feet when the cannon was fired. He said that there were people in the grand-stand and the track was not clear. He admitted that his atten- tion was riveted on the procession ifn the pageant. see who see any- Jury Was Dismissed. At this juncture there was a con- ference between counsel and the judge and it was divulged that counsel for the plaintiff needed fur- ther evidence not available at the present .moment and with the con- sent of Mr. Rigney, the judge con- sented to wait until the morning for this particular evidence and in the meantime go. on with other evidence and handle the case himself without the jury. Accordingly, the > was iL | a a a Dn i ED nt ef ll A A fre fei itis Beenie eee fire Ar A Aandi ee i dismissed and the evidence was pro- ceeded with. | Gunner Martin, of the R.C.H.A., was called and stated that he was there to help keep the ¢fowd back. He declared that there were two men on horse-back. Smith eame through from the gr nd-stand side on the west end. Martin said he told Smith to keep back but Smith said he was going through anyway. Martin de- clared that Smith would pass the gun, He was struck by the second one farther down. It was vacant in front of the grand-stand. He said there was another horse- man but in a costume. There were some people in the grand-stand. Martin was certain that Smith was the same man who was struck that night at the Falr Grounds. Harold Ackerley swore that he saw Smith at the Fair Grounds. He saw one man on horse-back and he moved about. Warnings were talk- ed but he heard no one shout warn- ings. Ackerley was positive that the man who was Injured on that night was this Thomas Smith, the plaintiff. He sald Smith had come through but others who hal come through besides Smith, had turned back. a Gunner Laflamme, the man who fired the gun, the discharge of which young wives. \ a Ns) rendered Thomas Smith blind in|' one eye, said thers were two men The sergeant called to fire. hind the gun. Laflamme said he was too busy to notice if there were warnings given, He did not hear any, , x Sergeant Campbell said that the last gun had been placed in position at 6.45 that night that Smith was PSHOTS O) POLYGAMY---UNDER THE They still practice po can flag flies over the lan * This photo shows a Moro chieftain named Mama, A Wilk DENTIST APPOINTMEN' AMERICAN FLAG lyeamy in the Southern Philippines, despite 1 5 4 be. the fact that the Amer! and