The Sherbrooke examiner, 20 août 1897, vendredi 20 août 1897

K GLUM K XX.SHERliKOOKE, FRIDAY, M («US'I The sciisoii for the above has now begun.Peaches ! ?W e have already sold a large quantity of early each cm at very low prices.Other choice varieties ill be in next week.Quality will be the best in the market and prices the lowest.A.TTE THE REKT — - - - ifâ)___L! .SiMtIEL.?• ^9^ • » Sherbrooke’s Greatest Store ! Grand Opening -OF OUR lass! Clieaii O We must é Made of Steel, Self Locking, Loose Axle Track, in 4, b, 8 and 10 ft.length.*-The proper way to hang barn Doors.USE SO IÜ WROT IRON LATCHES THEY NEVER BREAK.k fiiKid Fiiüijis Are the Cheapest, A complete line of Cistern Deep Well and Levee Handle Force Pumps.Call and see them.Drop us a card if you want our 1897 Gun Catalogue.I Q 0, pn U.0._______________________ (x UÜ.WHOLESALE AND RETAIL HARDWARE & CROCKERY, GO and 71 Wellington Street.MAKING ROOM.Space is v aluable to us at this season of the year.have plenty of room for our new stock of Fall ami Winter Goods which are to arrive soon, therefore we oiler you bargains in every department.Profita are laid to one side, our main object in view is to clear out all our SUMMER GOODS , Ladies Shirt Waists at less than you pay for making.One lot comprising all sizes ai.d colors, worth from 97c to 81.25.These g-x.ds must be seen to be appreciated.OUR AUGUST (.LEAKING SALE PRICE 1000 yards check and stripe wh to Apron or Dre^s Muslin, regular price be yd.OUR AUGUST CLEARING SALE PRICK :*er Co., have their l«*g train on the r«iad every day with a large gang of men.They have several thoj^and logs to move yet which gives the O.M.R.a good profit.Bulwer.Many of the people in this vicinity availed themselves of the cheap trip to Bartlett, N.H., and report a pleasant trip.Mr.Brown has succeeded in recovering all of his projierty which was stolen from the Railway van here.Mr.Burton Smith is home from Nashua for a visit to his parents.Miss Alice McIntosh of Sherbrooke was visiting at Mr.Lindsays on Friday last.Miss Logan of Sherbrooke and Miss McIntosh of Montreal spent Sunday in this place.Mr.C.VV.Griffin and little daughter Ida has just arrived here from Lynn, Mass.Miss Elsie Sunbury and her aunt Mrs.Griffin have gone to Sherbrooke to visit and relatives.Richmond.Early this summer Miss Wood burn, daughter of Mr.W.J.Woodbum of Melbourne, went to Ireland on a visit, the guest of fier relatives the Cleeves of Limerick.On Friday last a cable message was received that Miss Woodburn was seriously ill with peritonitis in its worst form, another on Saturday that there was little improvement and another on Monday that she was dead.The news was a heavy blow to the family.Miss Woodburn was an only daughter, and warmly esteemed for her thorough Christian character by all.A memorial service was held in Chalmers' Church «»n Sunday in memory of the late Dr.Webber.Principal Iloneyman of the Granby Academy was the guest of Priwcipal Dresser of St.I rancis College# during last week.Principal Honeyrnad is an enthusiastic botanist, and when he was connected with St.Francis College made an extensive collection of the flora of this county.Although .fudge White’s decision was so completely against the proprietors of the local*water works, and ordered in fact the removal of them completely, and although the Court i>f Review has given no decision yet in favor of or opposed to that judgment, yet certain mem fiers of the Industrial Couqiany arc inakin»** J big effort to purchase the - Johnville.R.A.Smith’s store was entered one night last week and a sum of money was stolen.This has become an event of almost annual occurrence and would bear investigation in order to decide whether tin* burglars are local or itinerant.On Friday evening the 13th, Mr.Parham, of the Imperial Trio, who is spending his vacation in Martinville, gave a lecture il lust rated by bine light views, in the Methodist ehurch, which wasfairh well attended.1 lie foundat ions are being laid for a house f«»r Mrs.Win.Bagley on a site ad joining 1 nion Hall, which will be quite a welcome addition to the homes of tin neighborhoi >d.Mrs.Jane Manning a much respected forme r resident of the place, but now of Springfield, Mass., i visiting her son and daughter in this vicinity.Miss Blanche Stone and brothers leave this week for St Jplmsbury Centre, Vt., when* they will make their home for tin present.Miss Stone will be greatly missed, particularly in Sunday School, and the Young People’s Society.At tin last meeting of the W.C.T.1 ., she was the recipient of an appreciative address and a W hite Ribbon Birthday Book.Mrs.M.Hamilton has returned from her visit to Windsor Mills, I ugh E.Hamilton lias left for a trip to the North-west.\u ice cream social under the manage ment of the ladies interested in Union Hall is announced for Thursday evening of this week.( fur l niversalist friends are arranging the programme for a conference to bi held here Aug.28th and 29th, which thej hope to make a pleasant and interesting gathering.Among those on the sick list at the present writing are Arthur Moore and S.B.Somers, but we hope it is only temporary indisposition.Miss May Church and her niece.Miss Minnie Lougheed of Quebec is spending some weeks with Mr.G.T.Church.Miss Francis of Manchester, N.H., is stopping at Mr.P.II.Coates’.last.At the end of nine innings the Fitch Bay team were 23 scores ahead.After the game supper was served in the F.O.G T.Hall Miss 8.Clifford is visiting friends in Lowell, Mass.Mr.and Mrs.Blackwood who have been visiting friends in|Laconia, N.H., returned home on the 10th.«Services in tin* Congregational Church Sunday, at 10.45 a.in.and 7.30 p.m.— Rev.8.Geo.Watt, B* I)., minister.Services in St.Matthews on Sunday, Sunday School at 10 a.m.; Matins at 11 a.in.; even song at 7.30 p.m.Kev.R.W.E.Wright, M.A., incumbent.Robinson.The following pupils passed their ex-aminations last June, in order of stand in{ Grade II \cademy Lizzie Reed, Lot tie Ward, Clarence Todd and Alice Mac Leod.Grade I Academy Osgood Wales, Subiia Martyn, Hardis Anderson, and Carrie Todd.Grade II M«>del —Annie Olsen, Annie Beaton, Mabel Herring, E.I’clilcmaun, and Annie Prescott Grade I Model Alina Lefebvre, Annie Hamilton, Gertie Herring, Maude Olsen, Stephen I’rangley, Ole Olsen, Bernice Ward and Lionel Flamiagan.Special mention must be made of the attendance of eleven pupils, none of whom fell below ISO days.Their names are: Lizzie Reid, A.Olsen, E.Pohle-man, Carrie Todd, Bernice Ward, A.Hamilton, Lionel Flamiagan, W.Lefebvre, G.I* i set te, Minnie Graiushy, and M Robertson.In addition to the prizes offered by the teachers, ( apt.A.L.Maclver and Mr J.Boydell kindly gave handsome books.Other gentlemen liave promised prizes for the next year’s work, which will begin Tuesday, August 24th.Teacher’s Diplomas.Eaton Oorner.Farmers in this vicinity have finished haying and report a good crop.Miss Barnes and Miss Billing are visiting at Mrs.Amos Hawleys They came over from Sutton on f in ir “hike .” Mr.Stuart Lebourveau and ife are here visiting old neighbors and friends.The ladies of the W.C.T.U.are making a quilt for the Sherbr ike Protestant Hospital.The roof of the Coagregati/onal is being newly shingled.There is to be a Union Jlienic on Friday the 27th, at tl «*#fVove of Mr.Hollis Jordan.A larg Jfeathering from the surrounding churc®* is expected.Mr.Joseph Adams jyfid niece has returned from California.They report a pleasant journey, and ii large gathering of delegates to C.K.C»Invention.- — Scotsto iotsto^n.Th® (’• P* R- are repaireng the railroad bridge here, putting in anVdditional pier.Norman Macdonald, while atwork on the derrick, had his jaw broken.Ho went to the hospital for repairs and is reported to be doing well.The Presbyterian Sunday School held their annual pic nic on Wednesday.The weather was all that could he desired, the attendance was large, the provisions abundant and of first class quality.Everything was well arranged and nicely carried out, the children enjoyed themselves, and everybody was satisfied Miss Duncan, from Montreal, is visiting at S.W.Beard’s.A party of our young people have gone to the club house which the Fish , and Game Protection Club recently erected on the bay.We wish them a pleasant time.The blueberry crop is ripe and a steady procession of berry pickers pass every morning on their way to the swamps.By all reports the harvest is not nearly ho great as last year, still they are plentiful.Fitch Bay.Haying is about finished around here, and most farmers report the largest crop for yeais.The ordination of the Rev.Geo.Watt, B.D., as Pastor of the Congregational Church took place on Tuesday evening, August 10th.There were several visiting clergymen that took par.in the services.M.T.Blount Esq.of Boston Maes., is visting at Mrs.H.L.Drews.Rev.C.C.Adams, of Cedar Rapids, Iowa, is visiting his nephew' Mr.L.1*.Adams.Mrs.O.F.Smith of South Dakota, is making quite a long visit to her sister, Mrs.H.L.Drew and other relatives and friends.Mr.Hugh Mathewson and sister, Miss MabelMathewsonofLennoxille, are visiting Rev.Mr.and Mrs.Wright at the Parsonage.Miss Ramsay of Hamilton, Ont., is also a guest of the Parsonage.Mr.Jas.Franckum of Montreal was the guest of Mr.F.H.Rider last week.Mr.and Mrs.T.B.Rider who have been staying with their son, Mr.O.K Rider at Manitou, Colorado, during most c f the summer are on their way home, visiting several friends and rela lives on the way.Mr.O.K.Rider will remain in Colorado.Dr.R.8 Weir, of Montreal, was in | town on Tuesday last, attending the or - dination services.I The laM i-aîe of cheesn at tu»> Factory 1 brought 8J cents per lb.was sold on j the hoard at Cowansville.Messrs .i • a.rk « m « J Montreal • • Were down the Lake on a camping expedition last week and report a fine time, j The Smiths Mills Base Ball team flayed a match game with the Fitch ray team, on their grounds on Saturday The following is a list of the diplomas granted by the Protestant Central Board of the recent examination of candidates who w rote at Sherbrooke.Second Class Academy Diploma— George A.Jordon.Second (’lass Model School Erwin A.Duke, Florence J.Drummond, Emma M.(Jiff, Isabella Hargrave, Louise A.Locke, Etta M.M unroe, Grace A.Me Lellan, Eva May Taylor, Una M.Williams.Second Class Elementary Mamie G.Allard, Mary E.Andrews, Catherine S.Amiable, Mchitable E.Bowen, Delia E.Brazel, Laurie N.Bean, Edna Bridgette, Frank L.Brown, Mary A.Beattie, Seli-nar Dennis, Blanche E.Edwards, Helen L.Ireneh, Nora A.George, Nettie A.Glen, Harriet F.Ives, Mabel L.Lyon, Alice E Libby, Hattie L.McKay, Hattie l.McKay, Margaret G.Morrison, Alice E.McLeod, Carrie A.Ohlsen, Una E.Oliver, Pormilla A.Reed, Eliza H.Reid, Mary M.Rand, Isabel M.Richardson, Cora L.Rowell, Ruth A.Shar-nian, Ethel L.Swails, •Josephine E.Terrill, Agnes A.Webster, Goorgie A.Wheeler, Martha E.Waterhouse, Myrtie M.Whitcomb.* Third Class Elementary—James K.Brooks, Gertrude E.Craig, Lillian G.Doak, Francis S.Harvey, Nellie M.Hughes, Jessie M.Hurd, Hardness L.Johnson, Edith M.Little, Mabel Lind say, Myrtie E.Lindsay, Annie A.Me Mullen, Mary McRitchie, Garda H.Nilsson, Achsah A.Swail.The Stanstead Fair.The Stanstead Fair held this week was one of the best ever held in that district.The show of cattle was exceedingly good and all the well known breeders in the district were well represented.The at-endance was good and the attractions of first class nature.Every thing passed off without a hitch.I am coming—the “Yaller Kid/’ I zYll Aboard for White River Junction.\ ermont’s gala week is when the Vermont State Fair is held Billings Parie, White River Junction, and then events long to be remembered take place.This year’s exhibition is to be held August 24th and 25 th, inclusive, and no less than $10 0(10 has been offered in prizes, The Fair Association has been admitted to the Vermont and Brookyln New Y ork Trotting Asscoiation, and all of the fast horses in the circuit will contest at the meet.The cattle exhibition will be a fine one while the displays in tha other departments will ho large and complete.There will be the usual coaching parade, and with the exhibitions of the trick animals which have been engaged, there is no doubt but what the fair will eclijise all former efforts.The Boston and Maine Railroad have arranged for special rates and extra trains during the progress of the fair, and for ‘ information regarding which’ see posters.Mayor H.R.Fraser received the following letter yesterday morning from the Governor General’s secretary acknowledging receipt of the address from the city council and citizens of Sherbrooke on the occasion of the Queen’s jubilee.Ottawa, 16 August, 1897.Sir, I am desired by His Excellency the Governor-General to inform you that he has received instructions to convey to the inhabitants of Sherbrooke the Queen’s cordial thanks for the loyal and effectionate congratulations contained in their address to Her Majesty on the occasion of her Diamond Jubilee.I have the honour to be, Sir, Your obedient servant, David Erskine, Govemo>General’s Secretary.His Worship, The Mayor.Sherbxxike, P.Q* 91 4 U BMÜHE [veljr cured l>y tlics ^ Little Pills.il so relieve I)itr'*ss from Py?pops!a, on ar.1 Too Hearty Eating.A per-E*dy for Pizzîru >, Nausea, Drowsi- E ! the Side, TORPID LIVER.They ite the Bowels.Purely Vegetable.J! Pill.Small Dose» Small Price.ubstitution the frt Td of the day.teiee you get Carter’s, Ask for Carter’s, Insist and demand Carter’s Tattle Liver Pills.tr.CURES COLIC, CHOLERA, CHOLERA* MORBUS, DIARRHOEA, DYSENTERY, And all SUMMER COMPLAINTS ol Children or Adults.PRICE.35c.Beware ol Imitation* In Spring T get Pure Blood by usi j B.B.B.othe: ?leans ‘operties not only i heals, who sores ulcers, blotches, ei skin clean and t Taken internally rt effete or waste ma-tt ugh of the body, res tor liver, bowels and action.possesses such per-ling and purifying ! irdocK Blood Bitters, anas internally, but it ; pi d externally, all s, scrofulous sores, etc., leaving the re as a babe’s, 'moves all morbid from the system, and thoroughly reg\.tes all the organs g the stomach, blood to healthy Fop a Short Time I have decided to f»ell FOOTWKAU, for cash at the following reduced prices >5.00 O.B.Tan Boots for 83.50 4.00 Tan Boots for 2.75 3.00 O.B.Tan Boot* for 2.50 2.50 Tan Boots for 1.75 5.00 Black Calf for 3.50 4.00 Cordovan Boots for 3.00 3.00 Black Boots for 2.25 2.50 “ “ for 2.00 2.00 “ “ for 1.50 1.75 44 44 for 1.40 1.50 44 for 1.25 1.25 “ 44 for 1.10 Ladies’ Black Oxfords.82 50 for 82.00 2.00 1.75 1.60 1.25 1.10 1.75 1.50 1.25 1.00 95c.All styles and sizes.Prices marked on goods in the window.J.F.IVjartin Griffith’s Block, Sherbrooke.-UNION- Martfe & Granite Works Ç0ATIC00R.QUE.Runs by Stic am Power.THOtfPSn* & HatfBlY, PROPRIETORS.Dealers in and manufacture* of foreign and domefttio Marble and Granite Monuments, Headstones.Pouts,Curbing, Coping, etc.Engraving, lettering and C'arvinga 'p1 dally and done by practic al experienced men.Order* solicited prompt attention, low prices April 2ath 1897.lyrS9* n behalf of a thl common yThe Pu-t/rK Mai;t' f at t«m! t tfc cause to be ta-e quantity a deadly poison ^ iodine with intent t" kill ai; i mui nr, to be admitted to bail.On an application of this kind juestion t * Ikj considered is as to *yVe jower to admit to bail.This is the primary question, bec anse cases are to be found reported in which Justices, who have admitted persons to bail without having power to do so, have been held guilty of an escape and have been indicie l on that charge.The application is made under Article 002 of the Criminal Code, which enacts, “That in the case of any offence, other than treason or an offence punishable with death, or an offence under pirt four of this Act, where th ‘ accused has been finally c< mmitted .here n provided, any Judge of the Sup ri ir Court, having jurisdiction in the Disuict within the limits of which the accused is confined may in his discretion, on application made to him for that purpose, order the accused to be ad mi'ted to bail on entering into recognizanr' with sufficient sureties before two Justices in such amount as the Judge directs.” Under the Article 602, there can be no doubt that a Ju Ige of the Superior Court has the power in all cases other than treason, or offences punishable with death, or an offence under Part four of the Criminal Code.The charge against the accused is neither treason, nor an offence punishable with death, nor any of the offerees enumerated in Part four of this Code.The offence of which he is charged is of one great magnitude.Its punishment is provided for by Article 232, which enacts, “That every one who administers any poison or other destructive thing to any person, or causes any such poison or destructive thing to he so administered or taken, or who at-t* mpts to administer, or attempts to cause it to he so administered or taken, is liable to imprisonment for life.” Russell, Book 3, Cap.19, Sec.2, says of this offence as follows , “Attempts to commit murder appear to have been considered as felonies in the earlier ages of our law, but that doctrine did not long prevail, and such attempts became, and still remain at common law punishable only as high misdemeanors,” and Chitty, in his work on Criminal Law, reports two precedents of inditments at common law for misdemeanors in attempting to murder by poison.See 3, Chitty, page 796.By the Imperial Act, however, 24 and 25 Vic.Cap.100, Sec.11, it was enacted, “That whosoever shall administer to or cause to be administered to, or to be taken by any person, any poison or other destructive thing shall be guilty of felony, and being convicted thereof shall be liable at the discretion of the Court, to he kept in penal servitude for life, or for any term not less than three years.” Our law as now laid down by Art.232 Criminal Code, is practically the law as it has existed in England since the 24th Vic.under that section of the Imperial Act.The charge therefore is one on which a person, after committal, may on application he admitted to bail in the discretion by the Judge.There are certain offences of a minor character formerly known under the title of misdemeanors in relation to which the party accused has a right to bail.In the case of Blossom et al, the Defendant had been acccused of a misdemeanor had been twice tried and two successive juries had failed to agree.After the second trial, the Court of Queen’s Bench (Crown Side) presided over by Mr.Justice Mondelefc, on the 30 h of October, 1865, considering the evidence adduced against them to bo positive ordered the prisoner to stand committed to gaol without hail, t > he tried at the next term, and not to be discharged without further order from the Court.After this second trial, on the seventh of November following, an application was made on Habaes Corpus to Mr.Justice Monk, to have the prisoners admitted to bail upon the ground that they were entitled to bail.The application was refused by the learned Judge, upon the ground that the order of the Court of Queen s Bench was a legal bar to the granting of bail by another Judge.In the month of December following the application was renewed before the full Court of Queen’s Bench and was granted upon the ground, “I here is no instance in modern times of a Court in England having refused bail in a case of a misdemeanor.” The offence charged in the present case however, is not of that class, and it is one in regard to which the prisoner has no absolute right to bail.It is simply one of those charges in which the application may ho granted or refused in the discretion of the Judge to whom the application is presented.There is no absolute rule to govern the exercise of this discretion, /which would be applicable to all cases.The circumstances of each case as it presents itself have to be considered.In the case of Robinson, charged with the commission of a felony in England, it was held, by Mr.Justice Coleridge, that, on an application to hail a person charged with such an offence, the test to govern the discretion of the Court is the probability of the prisoner appearing to take his trial, but in applying that test, the Court will not look to the character or behavior of the prisoner at any particular time, but w’ill be guided by the nature of the crime, the severity of the punishment that may be imposed, and the probability of conviction.In another case in England, Regina vs.Seaife, 9 D.B.6, 553, it wan held as follows : “The principle on which a party committed to take his trial for such an offenc* | uay be bailed is founded upon the probability of his appearance to take his trial, and not upon his supposed guilt or innocence and the effect of a bail being found against him is material in estimating that probability.” It was upon these principles that Mr.Justice Power, acted, in the case of Maguire, 7 L.C.R.57, in 1857 ; a case in which the prisoner was conffned to ga«>l upon a capital offence after the finding of a true bill by the Grand Jury.In this case, Mr.Justice Power admit- thei ohei l was refus» d writ of Habc plication nj ed by th Mr.Justice Tuitr.'ll N Corpu*, arid a «îmlar ap-liü or wards refus- ourt upon the ground SLEEPLESSNESS xnanently cured by the faithful use of [•CAMPBELL’S QUININE •VINE.It tone* up the «yrtem and reatoea failing strength.Recommended by cJ* doctora as • reatonativ* aiUr debt!itatingllnesses.„ ‘ only by K.CAMPBELL A CO./ DRUOOI8T FOR IT.Monterai.Purest and Best for Table and Dairy No adulteration.Never cakes.that co’nsidered the proof in that caae^o be punitive and direct.t seems theref< re, in applying these principles, that it is absolutely necessary to examine carefully the evidence which had already been taken against the accused.Mr.Justice Coleridge has laid down the rule which has since been followed in England and in this country, that the te^t to govern the discretion is the probability of the prisoner’s appearing to take his trial, and he states that there are thie-iugredients to be sought for in this test.1st, The nature of the crime charged.2nd, 'Hie seventy of the punishment that may he imposed.3rd, The pro liability of a conviction.It is easy to decide as to the first two, the nature of the crime and the severity of the punishment.The answer to the first is, the charge is an attempt to administer with intent to murder.To the second, the punishment may be imprisonment for life.It is not easy to decide to the third ingredient, the probability or the improbability of a conviction.It is in the consideration of this ingredient of the test that resort must be had to the evidence adduced.In the case of Hunt, in which bail was refused, the punishment was the same as in this case, the crime was scarcely of so great magnitude, still the bail was refused because the evidence appeared to be positive and direct.In the present case we have examined with great care the evidence which has been taken before the District Magistrate on which the committment was had.The evidence is certainly positive and direct that the accused administered, or caused to be administered, a poison or other destructive or at least a noxious thing.On this point, the evidence consists of his own admissions verbal and written With what intent he committed this act appears to he the only question in connection with the charge susceptible »>f doubt.The intention of a party in the commission of an offence is a matter always of more or less difficulty to establish.The authority cited by the counsel for the applicant upon that point, is Russell quoting JStarkie approvingly.Stark le says : “The particular intention wherewith it is charged to have been done, is, as in other cases of specific malice a question for the jury^ Archhold says, “That one mode of judging of the intent is by presuming that the party intended that which is the natural consequence of the act with which he is charged.If the natural consequence of his act would he the death of another, a jury may fairly infer from the act that it was done with intent to kill such another person.” It is true that Starkie says “That in estimating the prisoner’s real intention the jury will consider it of importance to consider the quantity and quality of the poison or destructive thing which he administered.Another mode of judging the intent is by the declarations of the party accused.It is true that in the present case neither the quantity nor the quality of the destructive thing administered appears under the evidence adduced, to have been sufficient to cause death, but it is equally true that it was not administered in any harmless way or with any good intention There is no evidence of the prisoner’s prior knowledge as to what the effect might have been.The evidence is rather to the effect that ho was careless or regardless of the effect, than of his being at all certain that its administration would not be fatal.Tampering with a person’s health by the administration of a destructive thing, is tampering w ith the possibilities of life and injury to the health of a delicate person may be more serious than the same injury to a person of a robust constitution This has been proved.There is evidence that the person to whom this destructive thing was administered is a person of a delicate constitution and there is evidence that the accused was apparently indifferent (owing to the immoral state of mind brought about by evil associations) as to what the result of his act might be.It w'ould appear from the evidence as if the detection of the offence has taken place while he was still upon the threshold of his crime.What may be the probability under such circumstances of a jury considering his intention to have been is not at all easy to foresee.It is said that there is no prima facie evidence of the offence as charged,—Article 232.But only of the offence (Article 246) to injure and annoy, (misdemeanor) Or at most (Article 245) to endanger life (felony.) It is said by the counsel for the Petitioner that there is no prima facie evidence of the offence as charged, namely, the offence under Article 232.The learned Counsel for the Petitioner appears to lie of the opinion, that there is only prima facie evidence of an offence such as is provided for by Article 246, and certainly not more than of the offence under Article 245.These articles are as follows : — 232—“Every one is guilty of an indictable offence and liable to imprisonment for life, who does any of the following things with intent to commit! murder, that is to say,— (a) Administers any such poison or destructive thing to any person or causes any such poison or destructive thing to he so administered or taken, or attempts to administer it, or attempts to cause it to lie administered or taken.” Art.245, “Every one is guilty of an indictable offence ami liable to fourteen year s imprisonment, who unlawfully administers to, or causes to l>e administered to or taken by any other person, any poison or other destructive or noxious thing, so rs thereby to endanger the life of such person, or so as thereby to inflict upon such person any grievous Ivdily harm.” Art.246 “Every one is guilty of an indictable offence and liable to three year's imprisonment, who unlawfully administers to, or causes to be administered to or taken by any other person, any |M»ison or other destructive nr noxious thing with intent to injure, agrieve or annoy any such person.” It is important here to state that the Judge in making any remarks upon the evidence is not expressing any opinion his own.In Criminal matters questions of f tie 1 from eoiisnll^H ;'* hi* opinions of the cvhHice, but belli f as to what it i- | m r /¦ tablished.In this case, it is quite probable the jiliy would Ünd the fact, that the Defen- | liant had mixed iodine in the medicine of his w ife, “The Golden Medical Discovery” which she was habitually taking.It is probable they would find the quai-1 ity of tliis article to lx; poisonous or destructive, at least,—if not destructive, at j any rate noxious.It is probable that they would find that the quantity placed in the l>ottle on the thi»*d of April instant, by the accused was not sufficient to cause death as the inline-diate result.Shorey’s PIANOS Rigby Rain-Proofed Frieze Ulsters AND Who thel it is pro Lai >le they w ould find th at it mig ht ha ve the effect ••n a person in dolic ate hea’t i and weak constitution of en< ang «ring her ife would depend rgoly uj ?on h ledica] testimony which in ght >e a Mi ice d 1 ef- re the jury.For aid as appear, d before the Bis- tr et M (rate.in tin preliininary inves- t k çatioi i, tl le pr< hahilit y «if thei- so find- in uitt * di »u rtfuL l> >ct< >r IL.i tan, says, - it is a poison and it> off.ct woulc Vary according to the Ht it c of he/ »lth o f the »arty to whom it W« ts ad uin store- d.and that it would not rc quire as large a quantity to be fatal to a )«rs< n ii a we ak sta Le, as to one in a St rong and good state u health.In O ive Mix, Brown, Fawn, Claret and Oxford Grav^j 51 to 54 inches long, w ith 6 inch collar.5 pocket^ and throat tab, with “wont-come-off” buttons can be bought retail in every Tow n and Village for In cross examination, he states, that it is used internally sometimes as a medicine for treatment of swelling of the glands of the neck.He also states, that its effect upon the period of the day when taken, that taken upon an empty stomach it would produce injury, but if food were present it would be almost harmless.Doctor Worthington says, the accused’s wife* is a delicate woman.He says, that iodine is ranked among poisons but it would require a large dose to cause death.It is probable that from this evidence the jury would not conclude, that the quantity administered on that occasion had endangered life or done grievous bodily harm, but that fact alone would not be conclusive evidence to the jury of the intention of the accused,it would be a fact for their cousideration with other evidence.j Here it is important to observe that the difference in degree between the offence in Article 232 of administering w ith intent, and the offence under Article 245 of administering without intent, but so as to endanger life, while considerable, they were both classed under the old law as felonies, and that under our present law in the (Tiniinal Code the punishment for the latter offence has been raised from ten years to fourteen,bringing it therefore nearer in degree to the major offence than it was before 1892.The minor offence under Article 246, is an offence administering “with intent,” the intent under this offence being “to injure, aggrieve or annoy.’’ This latter under the old statute Revised Statutes of Canada, Cap.162, Sec.18, was a misdemeanor and is now punishable by three years.There certainly does appear from the record a probability of a conviction of one or other of these offences, hut of which of them it is didicult to decide or determine.The District Magistrate considered there was prima facie evidence of the charge as laid, and has committed the accused to take his trial upon the charge.In examining the three ingredients of the test mentioned by Lord Coleridge, it must not be concluded that they are the only possible ingredients of the test, they are mentioned by his Lordship as guides merely to the test itself.“That which is the main test to govern the discretion of the Judge is the proha bility of the prisoner’s appearing to take his trial,’’ and the three ingredients mentioned are cited as guides, but there may be others.The learned counsel for the Crown estimates that the prisoner is not domiciled in this country.It is said that he has resided in this city two or three years.That is true but his residence has the appearance of being a temporary one, living with his wife and child at an hotel in this city.They are both natives of and were married in the United States and their friends and relatives reside there.Their residence here has certainly been of such a character as to effect any change of actual domicile.On the other hand removal to the United States would not prevent his being re captured there and extradited if he failed to appear and take his trial.In these days of eary communication with foreign countries, the escape of a criminal, if the authorities are determined to bring him to justice is not an easy matter.The ancient but ever to bo respected authority, Blackstone says,—“Bail is a delivery of a person to his sureties upon their going together with himself sufficient security for his appearance at Court to answer the charge against him, he being supposed to continue in their friendly custody instead of going to prison, in most of the inferior offences bail will answer the same intention as a committment and therefore it ought to be taken, but in offences of a capital nature no bail can be security equivalent to the actual custody of the person.” When Blackstone, in using the word “inferior offences,” he means offences inferior to capital offences, and the great principle he’lays down is that laid down by Lord Coleridge, namely, the probability of his appearing to take his trial, because, he says :—“That where bail will answer the same intention as a committment it ought to be taken.” It is the same principle in different langurge and has always been the rule in England since the days of Blackstone.After the n oat careful consideration of all the authorities and the examination of all cases in which hail has been taken, we feel that the accused to he admitted to bail, if he can furnish sufficient security I upon which to ground the probability of his appearing to take his trial.Considering, however, the nature of | the offence, the severity of the punishment, Defendant’s own admission and the j nature of the evidence adduced the recognizance mui t be made for a substantial amount.As to the imount we have taken into consideration the circumstances of the prisoner : that he is not a man of means, and that his friends and relatives are propably people of moderate circumstances.We fix the Wmount of bail at two thousand dollars (82,000) with two responsible sureties of one thousand dollars (81000) each.J.S.Broderick, Esq., for Petitioner $7.00 lavON E7V»fv£5k Mss.E.R.Sc id in ore, the author of a book on Jap ui entitleb “Jmrikisha Days,” has written two papers for Th?Century on u trodden fields of travel in Java.Theti a’ article appears in the September number, and is called “Prisoners of State at Roro Beodor.” Miss Scidmore and two other American ladies penetrated to the interior of Java and visited the vast and marvelous Buddhist ruins at Boro Boedar The great temple, which remains nearly intact, covers almost the same area as the great pyramid of Gizeh.It is ornamented with hundreds of life-size statues and miles of bas-reliefs presenting the highest examples of Greco Buddhist art.Miss Scidmore is one of the very few visitors to Java who has seen these ruins.Revolt Against Chamberlainism.The revolt against Chamberlainism which was smouldering all last session lias taken definite shape in the columns of that staunch Tory organ, the St.James Gazette Day after day letters appear from lifelong Conservatives protesting against the breakneck pace at which Mr.Chamberlain if forcing the party away from old Tory principles by such measures as the work men’s compensation bill.His Tory principles, they say, are nut ours.How can we get rid of him f That such grumblings should be prominently published in a leading Conservative journal suggests the length to which the revolt has gone.The truth is, however, that Mr.Chamberlain has made himself essential to the party in its domestic policy as well as in the developmentof the new Imperialism.He, and not Mr Balfour, was the real power behind the throne in the Commons last session.To expel him would be to break up the party.What would bring the anti-Chamberlain plots to a decisive head would be an attempt of Mr.Chamberlain’s coterie in the party to realize Mr.Chamberlain’s ambitions by ousting Mr.Balfour from the succession to the Premiership or from the leadership in the Commons Short of this Mr.Chamberlain may be almost anything, for despite all the old Tories may say, his pushfulness is essential to the success of even modern Toryism.- A Double Cure.Mrs.las.E.Elwood, St.Thomas Ont., says : — “My husband and myself have taken Doan’s Kidney Pills.We used them for kidney and back trouble for w hich we had spent a great deal of money without getting relief.Doan’s Pills cured us both in a remarkably short time.I believe they will cure even after all other medicines fail.” ORGANS.The new Colonial style Gerhard-j Heintzman Piano is out and is a beauty in design, while the quality "f tone is that which has made the j lerhard*Heintzman famous.Call and see them and hear the tone, quality compared with such a popular favorite as the Chickering of Boston, and also exfkinine my large stock of other popular makes such as Mr Bra.of New York Kain of Woodstock, WWay Royce of laronto, ?• » ?- -IF IT IS AN- -ORGAN- you w’ant, remember I handle an endless variety of all styles from leading makers and am about to receive a new' style 7J octave Organ, the first ever made in Canada.My stock of Band and Orchestral Instruments is complete.Second hand Pianos and Organs from 820 to 850.Piano tuning and repairing by Prof, H.S.Hubbard.p » tl.it.m iMu vn, Sherbrooke Music Parlors, 93 Wellington St., Sherbrooke.ESTABLISHED 1878.Endeavour Movement Spreading.It appears from the convention held last month at Greenock that the Endeavour movement is making steady progress, and that our Scottish Endevourers are full of enthusiasm.The number of societies is now close on four hundred, with a membership of upward of sixteen thousand.These figures denote a largo increase.‘Scottish Endeavourer,’ the mountly organ of the union, is making headway, but complaint is made that the press in that country is much less disposed than Amer ican papers to give recognition to the work of endevour.The interest taken in foreign missions continues to bo a marked feature.The retiring president made a vigorous appeal for a revival of ethics and pointed out the harm done to the gospel by characterless, emotional people.Judge Taschereau on Friday fixed ar* gument in the Terrebonne and Two Mountains contested elections case for Wednesday, Sept.1st at St.Scholastique.Dr.Guerin, M.L.A., has submitted a petition asking that eight out of nine items in the bill of particulars fyled against him in the St.Ann’s contested election case he thrown out on the ground that not sufficient particulars are given.The petition was taken en délibéré.Bums.II.te Crown.Brown, Esq., Q.C., for election may occur in New ly time now.Weak Lungs Hot weather won't cure weak lungs.You may feel better because out of doors more, but the trouble is still there.Don't stop taking your i Scott’s —Mret—a—imi n —b—— Emu'sion because the weather happens to be warm.If you have a weak throat, a slight hacking cough, or some trouble with the bronchial tubes, summer is the best time to get rid of it.If you are losing flesh there is all the more need of attention.Weakness about the chest and thinness should never go together.One greatlv increases the danger of the otner.Heal the throat, cure the cough, and strengthen the whole system now.Keep taking Scott's Emulsion all summer.i For Mle by all druggist» at 50c.and and Gents’ Fopcishings OF THE LATEST STYLES AND LOWEST PRICES, CAN BE HAD AT THE UP-TO DATE Hatter and Genta' Furnisher, L A.CODERE 167 Wellington Street, SIGN OF THE MOOSE.4^ nnfttn^j The Great M THE Jubilee tear Canada’s ^OBIA/k era EXPOSURE -AND- INDUSTRIAL fAIR Toronto.Anpst 30 to Sept.11 GRAND ATTRACTIONS, NEW FEATURES, SPECI L JUBILEE NOVELTIES.The latest inventions in the Industrial and amusement field.Improvements and Advancement in all departments.-Excelling 2’! '¦uvirjs Years- Entries close An or* 7th.CHEAP EXCURSIONS ON ALL LINE* OK TP » VEL.in-.• .ogrammes and For prim li .t o.r I all particular .j fpir- -J.J.WITL^OW.President 4w52 H.J.HILL, Manager, Toronto.Y’S SALF.Y IP.P .Ir !«h -ILK FARM OF 52 acre* ed near school, church SCOTT A BOWNE.fWlkyOk.•tor* ; or'ic*» hi Warn Mills.: 1 me and barn .»n the prem-isc* with ru.ninç water U> house and stable.A ft no *>ui; in»on, Mgr.Bedford, E.YY\ Morgan, Mgr.Huntingdon.E N Kobin»ou, Mgr.Magog.H.P.Olivier, Mgr.tot.HyitcM.thi , J.La/ramooise, Mgr.Ag •nt- in Montreal, Bank of Montreal.London, Lug., National Rank of Scotland.lV:o3 Na lolial Exchange Bank.Nf -.v York, XatUualPark bunk.Collections made at all accessible points.Drar issued for any required amount-, good at ad points in Canaca, United states and Europe.Exchange bought and sold.SAVINGS BRANCH DEPARTMENT at each otfice.Inter* -¦ allowed from date of deposit and compounded annually, w ithout requiring the attention of the depo-itor.Grace hours from lu to 3, Saturdays from 10 MERCHANTS BANK OF CANADA.Capital paid op, - $6,ûûü,Ü0ü Reserve Fond - - S3,000,000 Head Office Montreal, Board of Directors.ANDREW ALLAN, Esq.President HECTOR MACKENZIE Esq .Vice^PresMenl Robert Mackay, Esq.H.Montagu Allan, Jonathan Hodgson, E»q James P.Dawes, Ehs John Cassils, Esq.T.H.Dunn, Esq, Sir Joseph Hickson.ÇE9,RfiÇ R^G UE, Esq.General Manajer E.F.HEBDEN, Supt.of Branches* BRANCHES IN ONTARIO AND Qt'EBBCl Loudon, Quebec, Montreal, Renfrew, Montreal west Sherbrooke Que.end branch No Stratford, 2450 N Dame St St.John’s, Que.St.Jerome, Que Prescott, St.Thomas Toronto, Walker ton Windsor.Belleville, Berlin, Brampton, Chatham, Gall, Gananoque, Hamilton, Mitchell, Napance, Hospeler, Out.Ottawa, Ingersoil, Owen Sound, Kincardine, Perth, Kingston, Preston,Ont.BRANCHES IN MANITOBA.Winnipeg, Brandon.Agency in New York—52 William Strect, Me.-si s.John Gault and John B.Harris.irY.agents.* Letters of Credit i.-»ued, ailable in China, japan and other foreign cour tries.J.A.READY, Oct., 189G Manager, SiiorOrooke riliGfarooKo Loan & jloptgd^ (joy.Paid up Uapitai Si41,200,Du.-loNEY to Loan on First Mortoagx ai Current Kates of Interest.First Class Mortgages Purchased.Money received on deposit, repayable on de manu, and interest allowed thereon from date of deposit at 4 per cent, payable half yearly.I he deposit receipts of thi, iComnany arealegalinvestmentfor trust funds.A new series of accumulating -took, which has ecu Opened, otters a good opportunity for the investments of small savings.Particulars on application to C.H.FOSS Office No.2, Art building.Sec, and Treaa.Library and Art Onion OF SHERBROOKE.FREE PUBLIC LIBRARY, Open week days from 2 to 5 and 7 to 9 p.m, FREE READING ROOM, Open week days from 8 to 12 a.m.1 to 0 ant ^ to 10 u.m.Open Sundays from 1.30 to 4.30 p.m.FREE ART GALLERY of PAINTINGS Engravings, Reproductions, etc.Entrance by Main Hall and second stairway.Open weekdays from 8to 12a.m.andl to6p.m! Open Sundays from 1.30 to 4.30 p.m.FREE AMUSEMENT ROOM FOR YOUNG MEN.Games, Books, Papers, etc.Open week days from 8 to 12 a.m.1 and 7 to 10 p.m.SAVINGS FUND for WORKING MEN Deposits received from 10c upwards, nob ex ceeding a total amount of $10, when it is tran« ferred to any local Bank to name of depositor.Interest allowed on every even dollar.a.H.TGMLIMOK, BOOKBINDER, BULEB, A ciD Blank Book 3fanofactnreri BETTER BOOKS, ACCOUNT BOOKS MEMORANDUM AND SHORT- ‘ hand books, UNDER WOOD’S WRITING INKS AND MUCILAGE Agent for the Centennial Letter Heading Book and Ink.No press or stamD required.r AHENTIONI ATTENTION I t Have just received the largest stock cf fine RPAS AM BUCK TEAS the near future.In the meantime we are selling a I ca at 2.x; per pound that can't be bough* elsewhere h - >ban 4 «.Your prize you wUl find in the quality of Teas.« jou wiu We now carry the largest stock of Provisions rxL,d , ^uorti in the Easton! i sm ! p'‘ /)u.r experience in the “‘Ah' and retail business gives us a dccld-ed advantage in buying our good^M we to know where, when and how to buy.Our daily increasing trade is a proof that our ,hc approbation of the P V pîlbll(v th°y arc now convinced that it is the mutual interesl of both seller and buyer.YVe are receiving to-day the following 1 car load Standard Granulated Sugar 1 car light Brown Sugar, 1 car of different kinds Salt Fish, consisting Sal,non.Lake Trou* Cod Fi-h.\Y hite Fish, his.Come in and get our prices before burin* as we can t be boat* ¦’ WM.MURRAY & Go.No 23 King Street.NI IK K D R O O I£ E • February 18th, 1807.h ONLY COPY AVAIL /, o ir '.1