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tHE HAILEYBURIAN THURSDAY, APRIL 16th, 193k Rey. Canon Hincks is spending this week in Toronto. M. E. Storms, who has spent the past five months in Florida, returned to Haileybury on Sat- urday and reports a very fine winter in the south. Mrs. H. S. Hennessy has re- turned home after spending the past few weeks in New York and Atlantic City. Mrs. J. W. Morrison, Main St., left on Sunday evening for a week's visit with friends in Tor- onto and Hamilton. Miss Margaret Harris spent the Easter holidays at the home of her sister, Mrs. J.. C. Perry, Kirkland Lake. Miss Jessie Poppleton left yes- terday for Timmins, where she will enter St. Mary's Hospital as a nurse-in-training. Mr. Jos. Meredith suffered a painful injury to his foot, when a log of wood fell on it at the Pros- pect Nursery on Sunday night. Jack Hennessy is reported ill this week, suffering from an at- tack of appendicitis. He is a pa- tient at the Misericordia Hos- pital. McKinlay's Service Station on the corner of Main and Rorke is now open for business. If you want your car wellgreased, oil changed, or need a tire repaired,! we are at your service. The annual meeting of the Women's committee of the Hail- eybury Golf Club will be held in Hotel Haileybury on Tuesday, April 21st, at 3 p.m. Every wom- an member should be there. His Honor Judge Hayward,| who with Mrs. Hayward spent| the winter months in Florida, ar-| rived home late last week after a/ very pleasant stay in the South. Mrs. Hayward is in Toronto, where she will spend a week or two before coming home. Haileybury Lodge, 1.0.0.F., is planning to hold a dance and bridge in the Temple on Broad- way Street on Wednesday, April 22nd, when a good evening's en-} tertainment is promised. Cards will commence at 8 and dancing at 9. The admission is 50 cents. | Sad | | The boys of the Trail Ranger | and Tuxis Groups held a very} successful bazaar in the basement of the United Church on Satur- day afternoon. A fine collection | of curios and a miniature golf} course were among the attrac-| tions shown and the _ proceeds} were highly satisfactory. Criminal Charge | Against Driver of Car Dismissed Judge Rules Previous Trial And Acquittal Disposes Of Present Action Taking the view that, in sub- stance and in fact, the accused was being placed. on trial a sec- ond time for an offence on which he might have been convicted be- fore, Mr. Justice Garrow, at the resumed Assizes sittings here Tuesday afternoon, ordered the release of Henry Stoltz, young man from Kirkland Lake, who faced the court on a charge of causing bodily harm through neg- ligence to Horace Bailey. The case was the outcome of a fatal motor accident in Kirkland Lake on Sunday, July 6 last, and Stoltz appeared at the December Sup- reme Court sittings on a charge of manslaughter, and was acquit- ted. At that time, another count, in- volving furious and reckless driv- ing, had been returned as a true bill by the Grand Jury, but this case was traversed to the present sittings, according to W. S. Haney, Crown Prosecutor. In the interval, and on instruction from the Attorney-General's De- partment, the charge was amend- ed to another section of the Criminal Code, and on the altered count another true bill was re- turned. On Tuesday, M. G. Hunt who appeared for Stoltz, succes- sfully entered a plea of "autrefois acquit", submitting that, as the same set of facts were to be pre- sented by the same witnesses, as in the manslaughter case, the ac- quittal already rendered "was a full answer for whatever crime may have been committed." "You are, I must say, an ex- tremely fortunate young man" said the judge, addressing Stoltz before freeing him formally. Mr. Justice Garrow said he sincerely hoped the other jury was right, "but you will have the knowledge that you were the unhappy and unfortunate cause of one man's death and serious injury to an- other." In discharging the jury which had been sworn in for this case, said neither the panel nor himself was responsible for the other jury's finding, but that he felt, in the circumstances, the present charge must be held to have been included in the major count laid by the Crown follow- ing the accident. In the accident involved, Stoltz was alleged to have been the driver of an automobile which got out of control, with the result that Maurice Whelan, a passen- ger, was killed instantly, and Bailey, who was on the road at the time, was badly hurt. In court on Tuesday, it was stated that Bailey would make a 95 per cent. recovery. Mr. Justice Gar- tow held that, if criminal negli- gence had been committed, and the previous jury had said it had |not, it had existed before the cir- ry |cumstances which led to the man- Spend Night on |slaughter charge. Referring toa recent amendment in the Crimin- Lake Ice After jal Code, and dealing with similar \cases, the judge said that, what- > ° Breaking Jail ever the law had been before, ne |now if a charge of manslaughter was laid, there may be a convic- tion on criminal negligence, but \this would be a bar to further | prosecution, and he presumed an lacquittal under the same charge | would prevent him from going on trial again. Mr. Hunt raised Youths Blamed For Burglaries Here Make Escape; One Has Surrendered The two youths who were ar-| rested in North Temiskaming fol- -in police court at Ville Marie on lowing a series of burglaries, and | later found in possession of goods | identfied as belonging to local| stores, escaped from the Ville | Marie |.ock-up on Monday even- | ing, spent the greater part of| that. night on the ice of Lake Temiskaming and finally reached this side a mile or so below Hail- eybury early Tuesday morning. One of the boys, the younger of the two, surrendered himself to Chief of Police MacGirr, on the advice of felatives, and is now being held here. It was not thought that the other boy, who is believed to be the one really responsible for the depradations, could remain at large very long. The two youths had appeared Tuesday, April 7th, and were re- manded for a week. On the eve of their second appearance, they made good their escape from the jail and started across the ice. Both have their homes in New Liskeard and the older youth, Wesley Pocquette, is on suspend- ed sentence for a former charge. The boy who gave himself up is Hector Gagnon and this is said to be his first time he has been in trouble with the police. the special plea as soon as the case was cal- led but, on suggestion of Mr. Haney, a jury was sworn in and then sent to the jury room until the legal argument was disposed of. The defence counsel said the full set of circumstances that had played their part in the man- slaughter charge were involved in this charge, and that the same set of facts would be presented by the same witnesses. He sub- mitted that the acquittal already returned covered the present cir- An Exclusive Line of Ladies' Hats, Coats, Suits, Dresses, Hosiery and Lingerie Phone 22 HAILEYBURY there were not two separate bills pending at the same time, and Mr. Hunt agreed, but contended that the acquittal on the one meant that was as far as the Crown could go. ° He made ref- erence to a Supreme Court of Canada case, Barton versus the King, quoting the judgments of that tribunal to support his view- point "Could there not be criminal negligence involved in the case of the injury and the absence of criminal negligence involved in the killing?" queried the bench, to which Mr. Hunt replied, "Only if the jury was presented with different evidence". The judge said he thought there had been a substantial interval of time be- tween the killing of the one man and the injuring of the othef, but the lawyer claimed that whatev- er had happened had occurred be- fore either event. For the Crown, Mr. Haney pointed out that this was an un- usual plea, and that the practice had been to submit it in writing. The Crown, he said, had placed two matters before the Grand Jury at the last Assizes, and the second charge had been traversed to the present sittings for lack of time to dispose of it then, other criminal matters being similarly dealt with. The only difference now, Mr. Haney said, is that in the meantime the Attorney-Gen- eral's Department at Toronto, on the facts brought out, had in- structed the Crown to lay a charge under section 284 of the Criminal Code. He reminded the court that the true bill under the other charge, laid under section 285, had not been disposed of, but might be proceeded with if the Crown so decided. Referring to the Barton case, Mr. Haney said the law had been amended since then (1928). Finally, Mr. Justice Garrow ruled that the "autrefois acquit" plea had been established and the accused must be set free. The bench said that, in his view, since a jury had found Stoltz not guilty on the manslaughter charge, this meant he could not be placed on trial on the other charge at this court. Accordingly, he ordered the charge quashed, and the count under section 285 was dealt with in similar manner, The jury was then sent for, acquainted with the decision of the court and formal- ly discharged. MOTOR FROM TORONTO ARRIVED ON TUESDAY TO OPEN HIGHWAY Traffic over the Ferguson Highway from Toronto to this town was opened for the season on Tuesday, when a _ motorist from the city arrived here and re- ported the roads almost clear of snow. At two points between here and North Bay, he found it necessary to stop and shovel a bit of snow, but there was noth- ing to cause him great delay. The road to the north is about ready for traffic as well, and cars were driven down from Kirkland Lake and Rouyn this week, bring ing some of the parties interested in the cases being heard at the Supreme Court sessions. The snow is practically gone in all sections and the roads are said to have stood the winter without much damage. A lecture, with lantern slides, on a trip to the Peace River will be given in the basement of the United Church, Haileybury, April 21st at 8 p.m. Admission, adults 25e.. Children 15c. For Sale -- Used Furniture and Lighting Fixtures. Apply to H. D. Burnett, Latchford St. cumstances. The judge asked if 2-1-* SEE OUR TABLE OF = | }-SPECIALS at $1.00 | d There are many useful and beautiful articles ; worth far beyond the price 2 4 3 } A. W. SANDERSON | | } JEWELER AND STATIONER EEE DERE ED SEE TG LEE MERE BG CLASSIC THEATRE FRI.-SAT., APRIL _17th-18th The daring adventure of the famous boy bandit of the West, back in the col- orful 70's ILLY o THE RID with John Mack Brown, Wallace Beery, Kay John- son, and Karl Dane. AtpmGattege Hoye ALL AL KIN SHG860 Comedy "The Pest" with Tom Howard. "Ifish Stew". "Ter- COBALT - ONTARIO MON.-TUES., APR. 20th-21st | WED.-THUR., APR. 22-23 KEEP YOUR PLACE] || | == TIFFANY WITH THIS BOOKMARK TOLSTOY'S \\ VELEZ STORY ( eeec9 Comedy "Don't Leave Home" with Johnny Hines, and "Who Killed Rover", an all dog com- ry-toon" edy. Bob Steele packs a wicked punch in his newest pic- ture... A whiz of a West- ern... filled with fists... gripping with gunplay .. .. bloody with battles! --o----_- --Special Added Attraction-- "Once A Sinner" with Dorothy Mackail, Joel Halli- day and C. Henry Gordon. The story of an old problem. Can a girl share a man'® {ut- ure without making him shar- er in her past? Comedy "Oo La La" with Slim Somerville. Clover Valley News Mr. John G. McLean has re- the winter at his home in Clover Valley. Mrs. Montgomery and _ her daughter, Vivian, of Kapuskasing spent a couple of weeks with Mrs. Montgomery's parents, Mr. and Mrs. James McConnell. We are glad to see Mr. McCon- nell able to be out again after an attack of the flu. Mr. Tom Cook has returned home from Kirkland Lake, after spending a few weeks there. The Clover Valley Women's Institute met at the home of Mrs. C. R. Plaunt on Wednesday last. oe | CHURCHES ee ccce The United Church Rev. D. A, MacKeracher, B.A., Pastor Mr. R. H. Unwin. Organist and Choirmaster 1] a.m., 7 p.m.--Public Worship 2.30 p.m.--Church School Fri., 8 p.m.--Choir Practice An illustrated lecture on the Peace River district will be given on Tuesday, April 21st, at 8 p.m. SpeweeeT) Albert Gospel Hall ALBERT. STREET Sunday, 11 a.m--Commemora- tion of the Lord's Supper. 3 p.m.--Sunday School Bible Class. 7 p.m.--Gospel Meeting (Evan- gelistic) to which all are cordial- ly invited. Wednesday, 8 p.m.--Meeting for Prayer and Bible Study. 3 p.m.--Women's Prayer Meet- ing. Women's Missionary Meeting first Wednesday. of each month; place of meeting arranged mon- thly. The Baptist Church Pastor---J. W. Cordwell and tendance was small but a very in-| teresting meeting was held. The, one and will be held on May 6th,! at the home of Mrs. Wm. Ho 'Owing to the bad roads, the at- Rice, Haileybury. Mrs. John H. McLean has re- turned to Toronto after spending "ext meeting will be the annual turned to Haileybury after spend- ing the Easter vacation with her sons, Archie and Jack. Pasture--Having leased the Farr Farm, | am now prepared to! 'S Wanted--Young man, 30, wants. work on farm, experienced; or pasture horses and cattle. A. J. odd jobs around house. Apply MacRae, North Cobalt; phone} Box 3, Haileyburian. 2-Ipd. 1312. 2-3pd.} .Wanted--A gardener. Apply Mrs. i] Part Time Man Wanted--Estab- | lished electric washing machine manufacturer requires services | of a reliable man who can de-; vote part of his time to selling | our washers and electric iron-! ers in Haileybury and vicinity! on commission basis. We put} you in business for yourself,! supply washing machines andj ironers and finance the account! no capital required. We would | also consider giving the succes- | sful applicant the franchise fori our line of furnaces, automatic' oil burners, chicken brooders.! These are all sold on easy time | terms. Apply Box. 2, Hailey-| burian. 2-le.; For Sale--Radiola 17, Hatromonst 7 tubes, first class condition. ! Apply -to W. T. Joy, Court House, Haileybury. 1-1c! For Sale--Heintzman piano anda sewing machine. Apply to Mrs. L. D. Bryan, Brewster St. 1-2c. For Rent or Sale Cheap--Two pianos, also three phonographs Apply MacLean's Studio, Hotel Haileybury. 1-3pd. For Sale or Rent--Small house, | Probyn Street. Apply at Hail- eyburian Office. 51-tf. Sunday School-- 10 a.m. Public Worship-- 11 a.m. Prayer Meeting--Wednesday, 7.30 p.m. Salvation Army Sunday Morning Service at 1) Sunday Evening Service at 7.30. For Sale or Rent--The Branchaud Upholstering, Furniture repairing Residence, Probyn Street, with garage in connection. Apply to Jos. A. Legris. 8-t.f and general work done at reas- onable prices. George Decarie, 44 Little St., Haileybury. 51-4p Sunday School--2.30 p.m. Tvesday. 8.00 p.m.--Prayer Meeting. Friday, 7.15 p.m --Junior Meeting. 8.00 p.m.--Y. P. Legion Meeting. All are cordially invited. For Sale--Six Roomed House on Blackwall Street; all conveni- ences; very easy terms. Apply at Haileyburian Office x Hedley S. Hennessy, 72 Lake Shore Road, Haileybury. 2p. For Sale--One gold claim, in Bryce Township; 200 days work done, ready to patent. Will sell for cost of work. Ap- ply to Box 149, Midland, Ont. 2-altf. For Sale-- General store, located at Hilliardton; post office in connection. Apply to Geo. H. Keeler, Hilliardton, Ont. 2-2c. Wanted--Reliable party to dis- tribute Watkins' Products to established customers in Hail- eybury. Average earnings $35 to $50 weekly. Write at once, The J. R. Watkins Company, 749 Craig St., West, Montreal. 2=2e- For Sale--Mod n, Six R d House with garage, in good location. Apply to Mrs. D. W. Cameron, Browning Street- Phone 345. 1-t.f. For Sale, Strawberry Plants, Jor- ward, ever-bearing, best on the market. Climatized in North. $3.00 per 100, or in smaller lots. Delivery May 15. ,J. A. Bel- land, 144 Blackwall St., Hailey- bury. 1-2c. FACTORY REPRESENTATIVE Established Electric Washigg- Machine Manufacturer requir- es a Representative to look af- ter Sales, Service and Collec- tions. Washers sold on time payment plan. Please state qualifications in your reply to Box 1, Haileyburian. 1-2c. For Sale Cheap--Bungalow on Latehford St. Six rooms, gar- age, all conveniences. Apply to E. D. Whorley, Florist, Main St. 51-tf