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Lethbridge Herald, The (Newspaper) - May 13, 1908, Lethbridge, Alberta Herald >LUME 3 LETHBRIOQE, ALBERTA, WEDN EiDAV, May 13, INI. NUMBER iUNDEE GIVES MIKE PHILLIPS WAS NOT GUILTY HURCiflLLA SEAT End of the Murder Trial at Long in Reaching a Decision Defence Did Not Put in Any Evidence Counsel's Addresses Clear and Concise resident of British Board of Trade Wins Important Victory From Htraid't Rtprmntttive at Supretm Court May of the jury, have you agreed upon a -_, "We have. "-was the re- ply of Wm. Barclay, the foreman of the whose hands rested the fate of Maxine Pylypzuk, otherwise known as Mike Phillips. "Court is adjourned until ten o'- .j clock Monday were Chief Dundee, Scotland, May Justice Sifton's words in bringing to a "close the trial. Polypzuk walked out of the 'court .eturn of Winston Churchill, presi- room a free man, followed excitedly Jent'of the Board of Trade by a ma- by liis old father-in-law. They drove ferity of over Baxter, unionist, in the patrol -waggon to the barracks, he result was hailed with much sat- Mike got what belongings he had faction by the Liberals -while from Supt. Primrose and said good- mservatives regarded the reduction bye to the place that for months bade fair to be his last earthly home. j' Pylypzuk owes "Eis freedom to the 1 counsel, Colin Macleod, who in spite of the mass of evidence gathered -by the police and its able presentation and argument by Crown Prosecutor W. bell, got such admissions from lection here on Saturday for the [ouse of Commons resulted in the the majority as satisfactory- TOE WATERS BETWEEN TWO the witnesses as he wanted and presented his case to the jury in such a inan- May ll.-As a result iner ag verj. doubtful if of a conference -which international he rathgr than to convinca them lie was innocent. He called' no witnesses for the defence but freed committee has had in Washington regarding the proposed diversion of waters of .St. Mary's riv- the-man by means o{ those tbe Crown er in the state of Montana into Milk River, the government propose ami- cable arrangement may be reached by which available -water in .both these streams may be divided in equitable proportions between' the irrigation works in Montana and Southern Al- v berta. x WILL BE A FINE CHURCH had called. The evidence of the witnesses, called by' the Crown in the morning did not materially strengthen their on the whole. That of Prisoner's and of John Pelesky was favorable but that of A. V. Lang was used jwith. -telling effect by the sel. J The father-in-law, John "ureezufcr a "little old Galician from Pakan, eighty miles Edmonton, with his long half gray locks speak to him and lie in reply said "I have spoken to you often "to get you to do right-but would not listen to me, why should I speak to Maxine did not bring any money with him but said that he had which had bsen stolen from him while he was sleeping in, the Macleod station. When the "old man did not believe huii he said that on his complaint to the police they had searched the man he suspected but did not got it. He was then arrested himself but let go in two hours or two dayi, the old man did not remember which. He did not say anything about leav- ing mon y behind in Trank. He had sent no .money home except for his wife to come to Frank but as the weather was cold and she had no clothes suitable for the- -winter season she did not go. Mr. Campbell asked him who supported Maxinc-'s wife while he was away and his loyal re- ply was "I did, who else which was the "same reply as tonvho supported Maxine from the time of his '-1 arrival until his arrest. "William a C. P. E. employ- ee, stated that he saw the prisoner at the tank at Aifdrie" crying and had told him that he was robed of at Calgary. William Moody, timekeeper at the raine at Frank said that Mike had not'been discharged and tnat he had left without r turning the key, to the locker assigned in the washhouse. 4-ived with Prisoner John Pelesky lived in the same with the prisoner. He1 went there on Monday evening and Max- left on Wednesday- When he got back from woi-k on Tuesday morning "llaxine was not there but came hack a'jvnit eight that t o'clock. o take, Maxine sug- walk arid they shoulders, which were stoop'ed by tiie The plans for the new Presbyter- ,ian church are quite elaborate. That denomination can look forward to his evidence though tears his cheek all He told of his daughter labor of gave clearly and straight marrying Pylypzuk a vear ago last having a church which they can October Shortiv afterwards Maxine well be proud and which will be a went tQ to wort and credit, to the city. The new church to did not return until Dec. will bs built on the corner of Duf- igth lagt when hc in aboiit ferin and BuroVtt main nVW1, eveniRg. He did front facing on Burdett. The seating capacity will be 545 igth lagt when hc eight not speak to tlie old man for three days although he told his wif- and and provisions will be made so that her mother that he had been sick at a gallery seating 200 can be easily prank had been fired by the boss, added. The plans have in view the and hadrbeen walking three weeks to On the third day Maxine he did not removal of the pastor's study and get there. choir room to the rear, and to fit in asked the old man why -w ill line fecucittl ui ____ ___ building. It is the intention to do this when necessary. 'When this is done the space occupied in the pres- ent plan by the choir room and pas- tor's study will afford an additional seating capacity of 297. Thus with very little trouble and expense the seating capacity can be increased from 545 to 1042. Two exits will open on Burdett street. When it .becomes, necessary to make the above changes a third ex- it Dufferin street. basement there will -be a Sunday school room: seating. 380; four elas-s rooms, a library, a; kitchen, a storage room., a boiler and coal room and two lavatories. went .to Blairmore to a house where' "horo, wcr two They had drinks qxl Maxine paid a dollar. They tlien Form: r Acquited oh Satun of Murdering Was the Charge -Lewis at Blair- in the door to the bedroom had a drink and went away wont to another house on a hill where there was only one'girl." They They again. Maxine stopped on the road but wit- ness went home- That day Maxine wore a soft wide- brimmed black hat. He never saw Mike on Tuesd.ay after he left him on the road about noon. On Wedn; s- dav morning when he came back from work he saw Mike lying on the bed asletp. "Witness had breakfast and went to bed and slept till after din- ner. He did not see Mike since until1 he sav. him in the court room. Mike did not tell him he was going. A. V. Lang, merchant of Frank, istificd to buying or 20 worth of goods from him.. He saw Mike-in Frank on Tuesday between -ten minutes to sis and five when he -was buying some not pay for. He bought some matches and cigarette paper. Asked by Mr. Macleod, he' was un- djr the impression thai Mike had an imitation cap on when be was in the. he would not swear to it. Peter Benasky; another miner, had known Ttake" time. iiMikc dad lent him five dollars a month be- iore'the murder" W. A. Martin., book-keeper for the 'P.- Co., Frank, swore that paid him 429.40 in all for meat. Alex. Goyette, furniture dealer of Frank stated that Monty Lewis paid him as a deposit on some furni- ture a wpek or ten days before her death. She had a roll of money left" and had- said the furniture was for her new house. With the evidence of Sergt. Watt, stationed sixty-miles northeast of Fort. Saskatchewan that he had seen the prisoner at the liome of John Oreczuk and an effort to git Peter Bakos. In- terpreter at tho preliminary to give evidence, which the judge disallowed, the Crown closed its case. Counsel Macleod for the 'defence after the adjournment at noon, calle'd no witnesses and the counsel proceed- present arguments to the jury- t. Crown Attorney's Address r. The address of the Crown attorney, W- M. Campbell, for obvious reasons, -Was" a weaving together of the mass of evidence "adduced so closely around the prisoner as to make it impossible for the jury to do otherwise than fast- en the'guilt- of. the crime upon him. He spoke of the brutality of the mur- der of a woman'-in a lonely house as shown by the evidence of Constable Martin and Dr. Malcohnson. Maxine Pylypzuk, whom the Crown accused of the crime had had two meals in" me kitchen that very" day and must have known where the instruments used in committing the crime were kept. He was a frequenter of. the house as the evidence of Frankie Harris. 4 On Saturday Nov._16 he drew his pay, and .spent the night at Monty Lewis'. He was. there again Sunday night -and Mon- day night, csky, with On Tuesday he and Pel- whom he had made .an agreement to shack, 'went up to the "girls" first to Ethel Wil- liams and then, to Monty Lewis'. When about a quarter of a mile from her house on their way back about MOIR CAUGHT AfMlR ONI.. cumstantial evidence, the counsel went 'on ,to show that the motive of the crime was robbery and that Pyly- ozuk had reason for suck a motive. He had drawn on Saturday but according to the woman Harris, it would have been all spent by Tues- day. The woman must have had mon- ey as she had on Nov. and ha'd deposited none'after October 21, and had drawn out" on Xov. 7. Such'j women always have money around j Arthur, Ont., May whw. and yet the search after the crime shot the sergeant in the London the finding of one ,fifty cent racks vfas caught by J- piece and a shin'plaster. On Wed- chief police of Arthur, about tea.. iiesday the prisoner a_ of "bills miles in" the country from here., of large' denominations when he standing-in the stable of Hrirnytar rlvirit-s fKa J "RnKK TirVifiTi Man Charged With Murder of SgL Lloyd at London bought drinks with Synko at the Im-j when Parrel caught perial hotel. Where did he get this put up, a' hard fight with chief j-p money? Certainly what he earned police; but with the assistance "of and what he is known in .evidence .to other 'man was finally have spent he could not had searched he was "found >tb ,bef yet he says he was robbed of in possession of .-a" 32 calibre revolver in. 'That he did s j fully -loaded- i Jhc shot the i not intend leaving 1 i ,1 that he had evident from the fact of it in his arrangements with Pelesky for the shack and from his leaving back pay behind- He if goes it -will be to -B. C. or-the United States to look for a job, but he goes to Pakan ninety .miles 'past Edmon-. ton. Had lie expected-to two months he would not have Irft his back pay. It is evident that no Mm- "1 eness as the reason for will be held" iere'until the arrival r of the chief of police of Strait' ford. received a'rewardl' of for the-capture. noon, Pyh-pzuk turns'back. else could have committed the and Slemmons, the painters talk with' crime. him "in. the new house a few feet dis- tant at half past three. He went down and talked to Synko 5 arid 7 o'clock and is Mr. Lang's ;tore between ten minutes to six and five minutes after. He tells Synko he is going back to the girl's- Monty is expecting him as she orders the Chin- aman to prepare a meal for a man. TRIES TO ROB ;j UNION BANfc v 'lure titr positively Campbell's address occupied fiffty Aeldress far Defence Colin IVEacleocL counsel for the de-f fence, in liis turn endeavored to tear1 Maeleod, May attempt apart sufficient oi the net woven about rob the Union was the prisoner by the Crown, .to enable 2.30 this The" ;man him to walk through it to freedom, side -window half opened of He was police the man who ate'the aid of such as an intelligent supper and his evidence to client could give, of the'prisoner be- Commerpe, but was "lost in the dark-, Pylypzuk's conversation in iftw'ing a foreigneV, of the 'fact that the .ness near the- school housl ".house., corroborates that of [-evidence t is entirely circumstantial, xangements yet been er, Sellers After supper the China- 'man goes to Blairmore for cigars and Pylyi37.uk is still there when he re- ttunife. He goes away and Monty tells not to return as the man is going to stay all night. Carson comes in and he states that there was a man -in the bedroom and is told to go. Dan Sinclair to the house after seven o'clock and is refused admis- sion for .reasons the jury can judge. The last thing Pylypzuk was heard to ;isk for was a cigar and the doctor's unexpected statement was that he picked up a cigar stub in the room, j After discussing the value ot cir- of the fact that though the Crown has done everything to fasten the j crime on the accused, evidence that; it was not the duty of the defence to j the' possibility of some one else doing it, had been strangely forgotten, and that of all the men frequenting Monty Lewis' and who were well known to have been near the place the night of j the murder, only two foreigners, Mah-! GO TO B.C. TO RESIDE Citizens Lands -New Houses in ing town up Fruit Mini Coleman, May of Sing and Marine Pylypzuk had beenplr" Robcrt Holrnes s- Hal1 arrested the counsel proceeded to left this -week ior Arrow Lake, B.C., deal "with the evidence of Dr. (Continued on Back Page.) IS THE OPERATOR OR RAILROAD GUILTY From the Herald's; Representative at thfe Supreme Court Sittings) Macleod, May Rex; vs: Mui- lin, upon the arraignment of the pris- The material for the building will Qner on Tuesday last> Colm Macleod, counsel for the-defence, objected to the indictment as being .insufficient and made motion that the Crown fur- be used throughout. A beautiful a note of particulars of the electroicr will be hung frum the cen- charge set out in the indictment. be the finest of pressed, brick with cement trimmings. The founda- tion 'will be cement. Steam heat will tre of the ceiling. His Lordship sustained the' objection The auditorium floor has a Ml of and made an order that the case be 3 feet in 80 ft. The ceilings are continued until Monday and in the vaulted and will be Si feet high, meantime ordered that the particulars Stained glass will be placed in all the be furnished in accordance with the Maeteod, being retained by the op- erators' union, objected partic- ulars as: furnished were insufficient and not- in compliance with -the or- der made on Tuesday last. After con- siderable argument, his ''Lordship, sus- tained the objection of Mr. McCaul and upon' the Crown asking for an enlargement, of half an hour to fur- nish further particulars, granted the request.- The Crown having.furnish- ed- further particulars Mr. McCaul demurred to the indictment and to the particulars and allow the crown to modify and simpli- fy their" pleadings. The Crown made an; abandonment of part of thdr charge, viz., the part alleging" a neglect of obedience to Special Eule" B.. of the company's rules. On court resuming, the crown made an announcement of this part of the charge. The ury. composed of M. H. Hunter, W. H. Cox, A. J. Robertson, .E. J. Mitchell arid John Gardiner, were .empanelled. Crown Attorney Campbell briefly outlined the charge and history of the circumstances leading to it Extra freight- No. 1430-'with Conductor Campbell in charge left. Crow's .Nest at 2 o'clock, for Macleod. Extra freight No. 1443, special Spokane freight, left Lethbridge a little earlier going west. They bad orders to pass at Brocket. The train-dispatcher at Cranbrook leanuvl after 5 1430 had left and 1443 was then at Brocket so to make time he ,he called jin, Pinthor station- and particulars be struck out. The panic- windows" of which there are ten to motion. the case being called {ulais were accordingly struck out, and a side and six in the front. As inti- C. McCaul, K. C., of' at the request oi the Crown tbe c.ise if 1430 had yet arrived and received a negative reply. He changed the got orders to go without headlight but at Frank they put a train lan- tern in the headlight. They had white lights on the front'of the engine.but no ags as' the rules require. He ac- knowledged that he was travelling as fast as_ possible, his statement of time, showing speed as high as thirty-six miles an hour. The records of the conviction the C. P. R. for allowing JW. E. Mull in to work Von Sunday, Dec. 15th, and for allowing Messrs. Alle'nder and Lind- say to run a train on Dec. -22, and their acquital on charge of running 1443 on December were put in c'c'ui't for evidence. Constable Norman Macdonald tes- tified to arresting Mullin at South Fork near Lundbreck on January 6, 1908. Mullin told him his name was Clifford but he arrested him. The greater part of Engineer Lornc Allender's replies to questions consist- ed of "I couldn't and "I don't know." He-seemed extremely unwill- ling to give any evidence and what he did was apparently in an effort to clear himself from all blame in the to take up their homes" on fruit fanns- iTr. Hall has been there some" time" getting things in sh'ape for his fam- I iJy. .Mr. Holmes will He got all twisted man the Hc of the boarding house since Beck left for Taber ilr. Holmes leaves' his Pincher or not. up in his calculation of distances and rates of travelling but knew he did- n't exceed 22 miles an hour between Frank and Pincher. Dr. Kennedy gave evidence as to Ormsby's suffering instant death by a severe and fracture of the skull. The body was almost straight opposit the engines. The ease will decided whether or not ago and sister will take over tne management oi the business. 3fr. Percy started his EOW house this week. He is building- up on the third bench, the popular-part where so many houses have gone up- a railway employee is responsible, to t this "U'illmot's is thirty- six by twenty-four with six rooms, a good cellar and like the others all' modern improvements. During the winter and early spring Coleman was visited by scarlet fever order for them to pass, at Pincher. j -matter of the collusion. With both -mated yesterday the estimated cost Edmonton, who is acting with Mr. j was adjourned until u-n ,-of the building and seats is __ __'__ __ ____ Work is to be '-started immediately and is to be finished in six months from, date of contract. J. A. Macdonald is the architect. o'clock to j 1430 had already and as a result of this firs order was sent Conductor Lindsay and Allendar, Mr. McCaul endeavored to show that they wore running their trains not in ac- PROTECT OUR HERDS In 'order to still further guard the introduction of disease Canadian herds the -following ntAV regulations regarding the. impor- tfltii'm of animals has gone into ef- i "Persons contemplating the import-1 of animals from any part of States and Newfoundland, must obtain from tlie Minister Agriculture; a permit the number and kind of fln- unils to be imported, the country of oriyn and tlio of ship- ment, the-port "of embarkation, the. port at which the said animals are to ben landed and approximate date of their such permit shall not be available at any" port 'other' than the ODO THE CANADIAN BANK COMMERCE .HEAD OFFICE. TORONTO B. E. WALKER, President ALEX. LAIRD, General Manager A. H. IRELAND, Superintendent of Branches ESTABLISHED 1867 Paid-up Capital, SI Rest, Total Assets, BANK MONEY ORDERS DAfK'Cl fwwvwv __ and Over and no: exceeding 6 ctnts 10 cents 15 cents These Orders arc payable at par at any office in Canada of a Chartered B.ink (Yukon and at the principal banking- points in the Upited States. They are negotiable at to the Sterling in Great Britain and Ireland. They form an excellent method of remitting small sums of money with safety scnting his crew had'taken ordors to bo called at 24k to go out at 2 a.m. ?unday. Thft glass' -in the -headlight broken and the electric apparatus out of order. To prokct himstOf he light three-quarters of a mile away and later said it was at the yard lim- it post, about 900 yards from, the sta- tion. He said that he was running from eight miles reduced to three or four in the Brocket yard but said it. took about a minute and a half to go {to Brocket to allow there. But 1430 had ahvady passed' Pincher Lcordancc with the company's rules. Station, apparently unknown 'to the! Allender first said lie saw the 1443 operator Mullin, he receivtd the I order and as a result a collision took place just west of Brocket.' Brake- man Ormsby was killed and Mullin- is- charged with felonious.' neglect of duty causing his death; Campbell conductor of 11430 was first examined. He told of receiving his orders to go to Frank without that of the engine j being out of ir, of reaching Frank jat, 4.45., Cowley at Pincher Sta- tion fit 5.35 and meeting 1443 about The sign.-iIs cat Pincher were green giving him clear track. In re- ply to Mr. McCaul's questioning he .said that he had got into Crow's Nest about 22k. Saturday and after con- over the half mile. He did hot see was within and at small cost, and may be obtained without delay at any office of the Bank Lethbridge Branch C. G. K. Nourse, Manager 1443 light again until h lengths of it, but beyond- looking to see whether or not Brake.- man Ormsby was in the cab, where no right, to he when near the yarcl, he wa-s looking ahead all the time, taking the "extra precautions" demanded in the rules. He contra- dicted the conductor by sayiiig that the. state for the neglect of duties" imposed upon him by the com- pany when those duties are against! the law. Can tbe state hold him res-i ponsible for the handling of C..P. R. freight trains on Sunday when the Lord's Dav Act forbids the running of _ -n j. i t throughout the live months but these' such trains? Is he responsible to the! i were quite enough to cause muoa an- state ior the dxities imposed on i xiety. Today we can report practi- bv the company after he has been on i cauy a clean board ot nealtn. duty for sixteen consecutive hours the limit allowed in the law? Is he j very few a responsible for the loss of life in a' collision of two trains, one of which j carried, no headlight as prescribed by law? Great interest is being displayed in the case 'by railway companies and! not onlv in Canada but' in the United States as well. It is said that at least fifteen hundred op- erators are receiving every the trial as it progresses. drtail of Xext Sunday, VMay :17th, anniver- sary services, will be held in the Pres byterian Church, when Hcv. Tut. llain ot" PrUsbylfrian Church in Cran- brook, B.C., will be thp preacher. He will aJso deliver a lecture on 3Ionday v night, his subject being- "The Yukon" Coleman now has a blacksmith ,ap- art from the company shop. In the company's shops, at the works, there are a number of these very important itradesrnen but Ihey kept so busy with the company work as to able to give much time to any other. Altai, May trial of irullin was continued tins morning j ncss -m by the examination of Conductor j flrids uoric Choquetto and Engineer Stauffer, of OI- man who has started busi- he last few days already to ki-ep him out the westbound train. Both gave evi- Some weeks the village council dence that both trains were moving passerf a all metal time of the collision. The 'yas on the Jookout for the approaching train, but saw no head- light at any time, and did (rain till within 3 or 4 car lengths. Stauffer stated that KSO being a heav- ier train than and on. the down grade would force back in a collision, even i'f 1443 were going, faster. The chief item of evidence by the engine had an oil headlight, not Wilium McDennott, the Brocket op- chimneys. and .stovepipes running through 1he rooi'h and ordered: them to be nepLm-d brick. Vccording- not JKIS during the past'week or more among the- shacks smaller houhos that have been hastily put up the masons and bricklayers have had lots to do. Tbis will prove a good thing along ..the insurance line. 'The gcmnl. nnd enterprising, manag- TTotcl spent 'Vctric and maintnined that a lantern orator, was that previous to being in the-headlight served the same pur- called by conductor. Ghoquette, he had in Coleman. He'thinks pose as the ri'gubir light, ad- A mitting that he couldn't say whether it. shod any light an the track at line that morning. locate here. received ho notice from the train i this town the busiest and most go- despatcher that ar.y trains were on -n thc pass ft'nd liko to ;