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.eleâ€" “1' its kind, we believe, to nave "W been tried in Durham. Oc- HI{Wing the whole afternoon, it is 'M only unwise, but impossible for 'l':.l- jury. consisting of Messrs. D. \. ‘izmipl‘wll. Alex. Cranston. Thomas \rcilison, Victor Adams and Wesley Andrews were out for possibly half an imul' when they signified that My had reached an agreement. l2, u- limling was for the plaintlfi‘, ‘-‘ Hi1 damages of $128.71. lhu case, as we have intimated I-I'vVicusly. was a Iong-drawnâ€"out affair. with much evidence given, "fiwially by the principals, con-l winrahle cross-questioning by the "F'W'Sing counsel, but. was mainly a matter of whether money paid. by a clrover to a stock raiser constitu- A Lengthy Trial The trial lasted the whole of the afternoon. Commencing at 1 o’clock, it was 5.30 before His Honor Judge Sutherland charged the jury. The amount of evidence taken was large zmei in summing up his charge His Honor spoke wisely when he refer- red to the fact that While there was a great length Of EV'idence: the vizs.‘ was of "small compass”. He twill the jury they were concerned only with the "facts” in the case and :w- :u‘nount of damages to be ‘3‘. mat-dud in case they found for the wiztmtttt‘. It was up to them to de- ‘e-z'tuim‘ whether or not in their op- iltlwz; a contract had been entered :lz‘w ,‘etween the litigants. If there \ as x; .rontract there would of nec- msily he tilamages; if there was_n0 "um met. then there would be nothing f» do but find for the defendant. l.‘ was their sworn duty to admin- I~r~=' t'vairly and faithfully accord- :z::: to the evidence. -_- . h Briefly. the history of the case as gleaned from the evidence on Mon- day was this: Arnold D. Noble, 3 drover of Durham. claimed to have purchased from Franklin Murdock, farmer. of Bentinck, some 15 head of cattle. The purchase was said to have been made on the 4th of March of this year, and the animals were to have been delivered the latter part of May. Noble gave evidence as to having paid Murdock $20 to bind the bargain. A few davs at'tt.-rward. and when Noble was in Toronto with a shipment of cattle, Murdock came to town, visited his house. and left the $20 received on at table after him. Noble had said that <he knew nothing about her husâ€" tuunt's business. Subsequently Noble returned the money by regis- tezwl post. but stated that Murdock refused to lift it from the office and it. was later returned to him. Some time afterward, and in fact up to the middle of May the two men had had conversation on the matter, and the net result was that when Noble visited the farm of Murdock some time about the middle of May to order out the cattle for shipment, Murdock refused to obey the order and hence the action for damages. M r. Noble claimed the difference be- tween the 7 cents a pound which he bid, and the eight and three-quar- ter cents for which they were sold on the Toronto market, less the cost of freight and selling, the whole amount of damages asked for being $83.77». This in brief was Mr. . Noble‘s evidence at the trial. Murdock on Stand In giving evidence for himself s Mr. Murdock did not admit that a : sale had ever been made. He 1‘ stated that he had said he would ‘ not take less than 7 cents a pound l for his cattle, and admitted that I had Noble offered to take the cattle I the next day or so he would have sold. He did not deny that Noble had otl'ered him the 7 cents, but said that he would not consent to keeping the animals for three months after being sold. His story of the $20 bill was that Noble, in attempting to take some money out of his pocket had dropped a $20 bill. and that he (Murdock) J had picked it up for him. In the F ensuing conversation Murdock had A ieniinded Noble of some $4.20 due “ him on some hogs previouslysold n and that when he kept the bill in f: his hand it was for the purpose of C going to his house and getting the f] necessary change. Noble havmg told a him that if he wouldchange the $20 ti bill he would pay him the balance a on the hogs. \Vhen he (Murdock) h went into the house to get the change. Noble droveofl'. The whole a: transaction regardmg the passmg R th‘i‘ of the money, it must be re- h t‘tlt"IllhtPl'Cti. had taken place In Mur- J, 'ttit‘k’S barn. t6 f ( t c s t . 'l I There was a big crowd in attend- ance at the January sitting of the Division Court here Tuesday, the largest crowd, we are told, that ever attended a similar gathering here. The reason for so‘largef a: gath- ering can be attributed to the in. Lerest taken in the case, which was considered a most important one from the standpoint of the purchase and sale of farm stock throughout. the country. A. D. Noble Sued for Non-4 Of P‘lll‘OhflSOd Dania an Awarded Damagés For Breach of Contract VOL. 61.â€"NO. Béfieve, to have. 'Qelizgry' ybwvu â€"__ -_ Three other cases on the docket were laid over until the next Court in March. Co. for $200 claimed due on a con- signment of butter. The Moore Company had received the butter from the plaintiffs but claimed that it was not up to No. 1 standard, and sold it as a consignment sale, 001- lecting’ commission thereon. The Creamery Co. claimed that they they had sold the butter outright. The case was tried before His Honor Judge Sutherland, who found for the defendants. O. E. Klein of Walkerton acted for plaintiffs, while two Toronto lawyers were present for: MoOre Co. * 1.1. - 4..-}--1. 3 us to go fully Into the eVidence. Lucas Hean for plaintiff. O. E. Klein for defendant. One Other Case Tried The only other case to be tried was that of the Egremont Creamery (30. vs H. G. Moore 00., Toronto produce brokers. The Egremont Creamery Company, which up to last spring operated a butter-mak- ing plant at Holstein. sued the Moore iSERVICES NEXT SUNDAY I TAKEN BY STUDENT Owing to the illness of the pastor Rev. B. D. Armstrong. the services next Sabbath in, the Durham Pres- bvterian church and at Burns church. Rocky Saugeen will be tak- en by a student from Knox College, Toronto. Mr. Cain’s passing was a merciful relief from a long spell of suffer- ing, and the members of the fam- ily have the sympathy of the whole community in their bereavement. Surviving him besides his widow are two sons and one daughter, Ross, Jack and Lorna, six. four and two years of age; his father, Mr John Cain, Walker-ton; and his sis- ter. Miss Matilda Gain, of Detroit. The funenal was held privately from his home on Garafraxa street on Saturday afternoon. Owing to the illness of Rev. B. D. Armstrong !of the Presbyterian church, the services at the house 'and grave were taken by Rev. B. Hayes, Anglican. The pall bearers were Messrs. A. J. Lloyd. L. McGirr. D. M. Saunders, J. L. Stedman, F. F. McIlraith, S. Pender. A. S. Hastie and A. King. Amongst the floral offerings were a wreath from the local returned com- rades, and sprays from his wife and family. from his father, Mr. John Cain and sister, Miss Matilda Cain, from Mr. and Mrs. T. Henderson and family, Mr. and Mrs. A. 8. Has- tie. Mr. and Mrs. D. M. Saunders, and the staff of the C. P. R., Dnr- ham. .__ â€"'â€"v It was in this year that he was married to Miss Margaret McLaugh- lin. For some time he appeared to be recovering, and though he made various trips to Toronto for treat- ment his condition was fairly satis- ’factory, though he never recovered sull'iuiently to engage in any active 'work. Last Labor Day he returned to his home here from treatment in Toronto and it was from that date that his condition kept getting worse. Though he was at times quite bright he had spells of illness and while it was known that his condi- tion was not at all promising, his sudden passing on Thursday mornâ€"i ing was a‘ great shock to his wife, family and friends. Wednesday ev- ening at 10.30 Mr. Cain was quite bright when he retired, but he passed away about 8.30 the next morning. _ w..., .â€" --v- v any VALLUL uu lthe employ of the Canadian Pacific Railway Company. He remained here until 1915 when he enlisted in the 142ml Bruce Battalion, with which he went overseas after training at London for some months. During his time in the army he saw much active service, served in many engagements, the most not- able of which was the action at Vimy Ridge at which the Canadians covered themselves with glory. He was never wounded, but became a casaulty in one of the German gas attacks, was returned to England, and came back to Canada after the armistice was signed He spent some time in hospital in Toronto, but re- turned to Durham early in 1919. The late Mr. Cain had resided in Durham since 1911. He was born in Brant. Township, near Walker- ton, the son of Mr. John Cain and the late Mrs. Cain. After attending the High School at Walkerton, he came to Durham, where he entered After a long illness caused di- rectly from the effects of services overseas in the Great War, Mr. Joseph E. Gain, a well-known resi- dent of the town, passed away early Thursday morning last. Born in 1896, the deceased was in his 32nd year. Pagsed Aygy LATE JOSEPH E.‘ CAIN SERVED OVERSEAS assed Away Thursday Morning Prom Bfiects of Service In Prance.â€"Pnneral Was Held Sat- urday to Durham Cemetery. has raised $185.28. The Scripture lesson was read by Miss Mary Mc- Kechnie. An excellent paper ’on “Missions and Race Attitude” from the study bpok was‘ given by Miss of the Seci'etary and Treaéurer Vs ere received and adOpted. During the past nine months_ t_he Auziliary The Young Woman’s Auxiliary, Knox Church. met for their reg~ uliar monthly study meeting in the schoolroom of the church on Mon- day evening, Janhary 9th, with the president, Mrs. Catton, in the chair. The meeting opened with singing and prayer after which various items of business were brought be- for the society. The annual reports This closed the meeting with a membership of fifty-four ladies. Mrs. W. A. Glass, being hostess, had the basement daintily fitted for the occasion and entertained the lad- ies to games, followed by an excel- lent lunch. The ladies returned to their homes feeling that they had Spent a most profitable and pleasant evening. , West ward: Mrs. Robert Campbell and Mrs. Robert Whitmore. Noth Ward: Mrs. E. A. Hay and Mrs. D. M. Saunders. ‘ Visitors fdr East ward: Mrs. C. Moore and Mrs. A. C. Kinnee. ‘ Hospital Committee for January and February, Mrs. Mark Wilson and Mrs. Roy Patton. Flower Committee: Mrs. Roy Lawrence and Mrs. E. McDonald. Parsonage committee: Mrs. Mc- Clocklin, Mrs. Hopkins and Mrs. Wolfe. Sacramental Committee: Mrs. A1- jog and Mrs. Twamley. ' Church' Draping Coinmittee: Mrs. D. M. Saunders and Mrs. R. Law- pence. Ofl‘iéers for the coming year were elected by acclamatnon as follows: President, Mrs. P. Gagnon; Vice- president, Mrs. W. A. Glass; secre- takry; Mrs.’ Gee. .Y-‘iirs; Treasurer. Mrs. C. Moore, Jr. The minutes of the December meeting were read and adopted. Mrs. McCrae led in prayer, followed by the 90th Psalm. read by Mrs. A. C. Kinnee. The Treasurer’s report was received and showed the re- ceipts during the year amounted to $300.73. with a balance of $117.53. Mrs. Twamley closed the meeting with _ prayer. The Queen Street Ladies Aid held their annual business meeting in the chmch basement, TuesdayD 6V- ening, with a large attendance for general business and the election or officers for the coming year. Tuesday afternoon. after his re- turn home, he was stricken with an attack of acute indigestion and went to bed. He had two good nights. But early Friday a change for the w01se came and he gradually sank into unconsciousness just before his death. Right up till Tuesday, according to his son, Prof. Farmer had been arranging pastorates and supplies, had been busy telephoning this man and that. On the Sunday preceding his death he preached at Fonthill, and. on Tuesday morning, although he did not feel very well, he got up and went down to the Central Y. M. C. A. to keep an appointment to conduct the morning Christian ser- vice which is broadcast on the radio. Absolutely convinced of the jus- tice of his cause, Prof. Farmer threw himself unstintedly into the cam~ paign of defense necessary since the onslaught of the forces of regular Baptists in their attack against the university and the regular conven- tion of the church following the ex- pulsion of the Jarvis Street Baptist church at the‘ last annual meeting. A man in need of harmonious surroundings, he had been under tremendously heavy nervous strain during the past tew y,ears his son, Dr Arthur B. Farmer, psychologist, pointed out soon after his fathers death. KNOX CHURCH AUXILIARY .Thero is little doubt that the re- ligious split in the denomination and the way his orthodoxy was held up for criticism so violently by the factions opposed to Prof. Marshall at McMaster University preyed up~ on Prof. Farmer. \ Had he lived till the 28th of this month, Professor Farmer would have been 70 years of age. To thousands of students and Baptists throughout the province the dean of the church did not. look is age. An extremely active man, both of brain and body, he retained his slight and youthful appearance, and might have been taken for a man in his later fifties. His whole heart and energy bound up till the last in the affairs of the Baptist convention of Ontario and Quebec in this special time of stress and disunion, Professor J. H. Farmer, dean in theOIOgy at Mc- Master university, died suddenly at his home, 750 Bathurst street, Tor- on-to, on Eriday.____ PROF. 1H. FARMER McMASTER DEAN DIED SUDDENLY QUEEN ST. LADIES’ AID _ Themeeting closed in the usual way, by repeating .. in unison the. class text and the Lord’s Prayer. Lane which dealt with the Christ- ians’ attitude toward oriental races, the need for study of race relations and interracial. fellowship and the churhesc. Edith: “Oh, just so that he can say, ‘I told'you so’ after we are married, I suppose.” Ethel: “But why does your father object to him?" It has been suggested that the members preserve this list for fut- ure reference. All ladies interest- ed in the work are cordially wel~ come. The Durham branch of the Red Cross Society held the first meeting of the year on Tuesday of this week, the 10th inst, at the home of Mrs. Peter Gagnon. It- is the in- tention of holding the regular meet- ings on the second and fourth Tues- daxs of each month, commencing 'in each instance at 3 p. m., and the following schedule was adopted: January'24, at the home of Mrs. Aljoe; February 14, Mrs. George Juchsch; February 28, Mrs. J. M. Burgess; March 13, Mrs. J. Firth; March 2", Mrs. (Rev.) E. Hayes; April 10, Mrs. (Rem) W. H. Smith, April 24, Mrs. McComb; May 8, Mrs. D. M. Saunders. RED CROSS SOCIETY ARRANGE MEETINGS First Meeting of Year was Held Tuesday, and ’Regular Schedule Was Adopted Till First Week in May. Mr. F. F. Snider, of the O. A. C. Guelph, is giving special classes during the week on poultry raising, while _g.ther speakers on various topics are expected during the week. The students are enjoying themsel- ves socially while they are attending the classes and the residents of Holland Centre are doing every- thing possible to make their stay in the village pleasant, a number of social functions having been ar- ranged for their benefit. Mr. Cooper and his assistant, Mr. Smith, are more than delighted with the success of this year’s course, and are satisfied that the young peeple of the country are associating to the full the advantages of the instruc- tion being given. The Agricultural short course which is in progress at Holland Centre at the present time under the direction of Mr. T. Stewart Cooper, of the Department of Agri- culture at Markdale, is proving to he one of the most successful ever held in this section of the country. There are over fifty, mostly junior farmers. taking the course and under the instruction of expert teachers from the Ontario Depart-. ment of Agriculture and the Ontario Agricultural College, much 01' value' is being taught. Included among those in attendance are twenty-five young ladies who are getting spec- ial instruction in millinery, domes- tic science a‘nd home nursing, and they are greatly interested in the work. SHORT COURSE AT HOLLAND CENTRE CANADIAN RETAIN S SKATING TITLE Charles I. Gorman, of St. John, N. B., retained the speed skating championship of the Middle States of the United States, - when he de- feated all comers at the ,Newburgh meet. G-o-rman, who is here. seen holding the U. S. trophy, is also the speed champion of Canada. u -u Hull-“UL, UL VI 5. Us, “1.1611111 13 Giving Lectures on Poultry Réis- ing. Why He Objected . Assessorâ€"F. F. McIlraith, at a . salary 01' $125. Auditorsâ€"J. A. Robb and Dr. J. F. Grant, at a salary of $50 each. Constableâ€"H. Allen, salary $720 per annum. M. O. H.â€"Dr. A. M. Bell, salary $100. . Fence Viewersâ€"North Ward. W. Mofi‘et: East Ward. T. Daniel; West Ward, J. Henry. Poundkeeperâ€"G. Ryan, salary $5. The appointment of the Auditors; was the cause of quite a lot of dis-‘ oussmn. Last years officials, the same as appointed this year, had re- fused to accept the position at the former salary of $25 each, claiming that the work was worth at least $60. As this wasquite a rise in salary over what the town had been in the habit of paying, the members of the Council were somewhat non- plussed as to what to do. Other men in town capable of conducting a proper audit had1 been approached but all were of the Opinion that they would not handle the job at a re- muneration of $25. The Council were a man, however, in the opin- ion th'a't’ the position was too im- portant a one to pass over to. un- qualified ofl‘icials, and in the absence The reading of the various by- laws for the appointment of the different town officials resulted in the following being chosen: Board of Healthâ€"J. N. Murdock, Dr. A. M. Bell, M. O. H., J. H. Mc- Quarrie, W. B. Vollet. The amount of 1927 taxes remain- ing unpaid was shown by the Treasurer’s report to be $2,752.06 This was smaller than last year but; would. be considerably smaller but for the fact that some of the tax- payers who were a day or so late thought that as they had to pay .the extra five per cent anyway they might as well have the use of the money for a time longer. Reeve Bell thought this was not right. They had as much right to pay their taxes as any other ratepayer and some action should be taken to collect. The fact that they had missed the last day of grace and were assessed the extra, five per cent was no reason why the taxes were not immediately due and pay-‘ able. Councillor McLean thought] that if two .or three days of grace were allowed some of the money would have been paid, but other members of the Council were of the opinion that even this would not make any appreciable difference to some. Court of Revisionâ€"A. Bell, J. N. Murdock. P. J.-McLean, T. Hender- soy. A. D. Noble. Industrialâ€"LA.â€" Eéii. A. D. Noble, A. McClocklin, Dr. D. Jamieson, E. W. Limin The reading of the minutes of- the last meeting, with the usual com- munications from the Municipal World, the Sick Children’s Hospital in Toronto, and the Ontario Good Roads Association was the next order of business.â€" The Sick Child- ren’s Hospital was given the usual grant of $10, and the meeting of the Good Roads Association was an- lnounced for February 22-3-4. The Finance Committee reviewed and passed accounts amounting to $31.97, which were ordered paid on resolution. Reeve Bell, as chairman of the Special Committee appointed Mon- day morning- when the members- elect met at the Clerk’s office to take .. the oath of office, reported, The committee recommended the following Standing Committees for the year, which were adopted by Council. In each case the first named Councillor is chairman: dérson, Arthur McClocklin P J McLean, R. McLean, Alber’t Ndblé an_d_ Arnold D. Noble. There was a full Board at the in- augural meeting of the Town Coun- cil last Monday evening, held in the Town Hall, the first one to be held in this building since the work of renovation was commenced .some time ago. The following were pre- sent: Mayor J N. Murdock; Reeve, A _- n-" - n---” A" Mayor Murdock opened the 1928 season by addressing the members of the Council in which he sought to emphasize the importance of hav- ing the deliberations of the Council conducted along proper lines, ex- plained some of the discrepancies of former Councils, and asked the members for 1928 to join him in the effort to give the town good legisla- tion with the least possible fric~ L: ._ tion. ‘â€"~ â€"_ Town CounCil Held # \ First Session of Year Town Ofiicials Appointed (Continued on page 8) $2.00 a Year in Canada; $2.50 in U. S. 7“ Thurs., clear and milder ...... Fri., very stormy ............. Sat.,'mild with rain ........... Sun., clear and mild .......... Mon.‘ cloudy, mild ............ Tue§., c_1_01_1dy, mild ............ Following are the temperatures of ;the past week, with the highest and lowest registered every day during the preceeding 24 hours 8a.m. Min. Max. Thursday ........ i6 26 12 Friday . .......... 32 40 22 Saturday ........ 36 37 34 Sunday .......... 35 4O 34 Monday .......... 32 36 31 Tuesday ......... 33 37 32 Wednesday ...... 36 36 35 “How fast is your car, Jimson?” asked Harkaway. “Well,” said Jimson, “It keeps about six months ahead of my in- come generally.” The late Mrs. McQueen was in her 65th year and had been a sufferer for some months from heart trouble and high blood pessure. The funer- al was held Tuesday from her late residence, interment being made in Stayner cemetery. TEMPERATURES OP PAST WEEK The late Mrs. McQueen leaves to mourn their loss her husband and family of fiv,e Misses Sarah, Flor- ence, Neil and J. D. at home, and Rev. Donald, Prebyterian minister at, Lss0\ She also leaves three sisters, Mr. J. F. McLeod of Colling - wood, Mr. F. McLean in Alberta and M1s_. N. McMillan of Swinton Park. Mrs. Donald McQueen, who passed away Sunday morning. The deceas- ed, who was before her marriage Miss Jane McCannel, was a sister of the late Mr. Neil McCannel and was born on the homestead in Glenelg near Top Cliff. Word has been received by Mrs. N. McOannell "here of the death year §tayher ,of her sister-inâ€"law, -. A Mrs. Hugh Bride died” at her home, Daly street, Thursday, in her iseventieth year. Mrs. Bride was the daughters. Mrs. George Card of Ply- George Fallis. Thirty-seven years ago Mrs. Bride came to Palmer- ston. and has resided in this vi- cinity even since. She was a mem- ber of the Palmerston United church. Besides her husband, Mr. Hugh Bride, she is survived by two daughters, Mrs. George Card of Ply- mouth, Michigan; Mrs. W. B. Wilson of Durham. Also one brother, W. S. Fallis, Montreal, and one sister, Mrs. George Howe of Palmerston, and six grandchildren. The funeral was held from her late residence on Daly Street on Saturday, inter- ment being made in the Palmerston Cemetery. son. Toronto. The floral ofl‘erings were beauti- ful, consisting of a wreath from Mr. James Eccles and family, spray from Mr. and Mrs. David Eccles, wreath from the father. mother and Harold, wreath from Mr. and Mrs. William Eccles. the former a bro- ther ‘of the deceased. wreath from Mr. and Mrs. John Renwick. Cecil Atchison, and Ruby Howe. Toron- to, agd Mr. and Mrs. Harold Atchi- ._ vwâ€"w' The wall bearers were all cou- sins of the deceased young lady; Messrs. Fred, Frank. Cecil, Bert. Scott and Leslie Eccles, and among- st those from a distance attending the funeral were Mr. and Mrs. Samuel Eccles, Arthur; Mr. and Mrs. Dan Eccles, Conn; Mr. and Mrs. James Eccles, Brampton; Mr. Archie Eccles, Georgetown, and Mr. and Mrs. Thomas Atchison, Dur- ham. After an illness extending over a‘ period of several months, Martha Eccles, youngest daughter of Mr. and Mrs. Major Eccles of Egremont, passed away at the parental home on Thursday of last week in her twentieth year. A young lady much beloved by a wide circle of friends, hex; death is very much regretted by many, who mourn with the fam- ily in their sad bereavement. The funeral was held on Saturday afternoon, the remains being taken to Amos church, Dromore, where the pastor, the Rev. Mr. Purnell, had charge of the services, after which the body was laid to rest in the cemetery adjoining the church. Besides her parents, there surv1ve three brothers and two sisters: William. living near the family knmn', n‘fiAwoh ,",-_ ff Miss Martha Ecolâ€"e; Had a M ado Saturd Tlme.â€"Burial ay. home'; Gladys Yhiré:wâ€"Harofo Xtohi': son). Toronto; Mabel (Mrs. Thomas Harrison) Invermay, Sask; and Har- old. at home. Another brother, Roy, wag ki-lled overseas. EGREMONT YOUNG LADY DIED ON THURSDAY 3., cloudy, mild .. ., slightly cooler MRS. DONALD MCQUEEN Sndwfall for Week MRS. HUGH BRIDE OBITUARY VJ