Kawartha Lakes Public Library Digital Archive

Naylor, Esq., John D.

appeared in Fenelon Falls Gazette, 13 Nov 1880, p. 2, column 3
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The Meat Manifesto.

THE BUTCHERS TEMPORARILY TRIUMPHANT.

On Monday last, about the witching hour of 2 p.m., John D. Naylor, Esq., of the township of Fenelon, appeared in Scully's hall to answer to the charge of having, on or about the 30th day of October last, unlawfully disposed of an indefinite quantity of fresh mutton within this corporation, against the interests of our Sovereign Lords the Butchers and contrary to the local statute in that case made and provided. The president judge was James Dickson, Esq., and A. A. McDonald, Esq., ably advocated the cause of the fleshers, who though hitherto far from the best of friends, are new in sweet accord on the subject of protection. Mr. N., to commence his ingenious defence, made a powerful appeal to the judge's good sense, which he felt sure would revolt at the chronological vagaries of the information. "Suppose, for instance," said Mr. Naylor, "I had been summoned to appear 'on or about' Monday, 'at or about' 2 p. m., and I had made my appearance at noon on Tuesday, would that do?" The Judge and counsel for the prosecution agreed that it wouldn't, and, after a brief consultation, yielded to the defendant's desire for something definite, and fixed on October 30th as the date upon which the offence was committed. The charge was then read, and Mr. Naylor, upon being asked what he had to say to it, denied that it was correct. Thereupon witnesses were called and put through a rigorous examination by Mr. McDonald and cross-examination by Mr. Naylor. There were only two of them, Messrs. McDougall & Brandon, partners in a grocery business in this village, and their evidence can be compressed into a very few words. On Thursday, the 28th, Mr. Naylor called at their store and asked Mr. Brandon if he would take some mutton, and the reply was that he would, and the quantity and price were agreed upon. On Friday Mr. Naylor delivered the meat in person, and on Saturday his son called and got some coal oil. which he said would "pay for the mutton." Mr. McDougall was in the stone when the mutton was brought, and gave the oil in exchange for it; but he knew nothing about the transaction beyond what he was told by his partner. The last witness having signed his deposition and the judge having commenced to cogitate, Mr. Naylor--who, it will be observed, is as tough and sly as the immortal Joe Bagstock--objected to any judgement being given on the evidence, which proved that he had made the agreement with reference to the mutton on the 28th of the month, whereas the information under which he was tried accused him of committing the offence two days later. Mr. McDonald said that under a late act information could be altered at any stage of the proceedings, and read a clause to that effect; but Mr. Naylor objected so strongly to a change being made, for the purpose of securing a conviction, after the case was virtually closed, that Mr. Dickson adjourned the proceedings for an hour to afford time for deliberation and the consultation of authorities; but ultimately imposed a fine of one dollar and four dollars and fifty-five cents costs, to be levied by distress if not paid within fourteen days. So far the butchers are triumphant; but "there's many a slip 'twixt the cup and the lip," and it is rather yet too soon for them to feel certain that they can compel the public to buy meat from them during the winter at summer prices unless they (the public) can afford to purchase a quarter carcass at a time. Mr. Naylor declares, point blank that he will not pay the fine, and that's all about it; and Mr. Dickson declares, pointer and blanker, that he will send the myrmidons of the law out to the Naylor homestead to seize and sell until $5.55 be realized, and it is therefore probable that a good deal of litigation and hard feeling will be engendered by the ill-advised action of the butchers, who, by-the-bye, are both Reformers and believe in free trade in everything but meat.


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Genealogical Resource
Text
Newspaper
Item Type
Clippings
Notes
James Dickson; McDonald, Esq., A. A.; Brandon; McDougall;
Date of Publication
13 Nov 1880
Last Name(s)
Naylor, Esq.
Language of Item
English
Copyright Statement
Copyright status unknown. Responsibility for determining the copyright status and any use rests exclusively with the user.
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