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Lethbridge Herald Newspaper Archives

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Lethbridge Daily Herald (Newspaper) - November 5, 1913, Lethbridge, Alberta PageS THE IiKTH RKTDGE tHA1LY HKRALD Abattoir and Packing Plant HE11 A NV'Q I TH COLD STORAGE UH.LA1NI o L1U. PLANT EGGS last summer cost per case today BUTTER last summer cost 18c to 20c per pound today from 30c to 35c per pound and the end is not yet- Prices Still Soar! Dl is a necessity for the Producer, a'nd Consumer and will pay YOU large DtOrage r lani dividends on the shares of Capital Stock you secure in DELANY'S LTD. DO IT NOW ITFORD COMPANY Exclusive Sales Agents for Delany's Limited Mail This It Involves no Obligation MITFORO 4, COMPANY: LETHBRIDOE, ALTA. Please send me Information re- garding DELANEY'S LIMITED. Name "Address- "Not Guilty" is Verdict of Jury (Continued From Front Pass) fire boss should be when cemiu is betas done, Mr. Macleod agnia ob-1 jecied. Tbe Coal Mines Ac; dliu'tj pay fo and no right to give an opinion. Mr. Conybearo: lace Ihe Coal: Mines Tho court slraiglitOKCil It out with nud Mr. Conybear iten wanted to Carson's duties In Itie particular case under review, Witness said he shoal J make sure there was no oae ID a place of Dan- ger. To sc-ve .time Car'son might hare J'OForitch to tamp uy the Lole anil connec t tbe wirc-s. Ho should know thai the Miner had comp cut Ly seeing him coin" out of the place. Tbe shot liter is supposed 10 that every man is out .of the WHooping "CougH SPASXODX 'ASTHMA COUGHS CATAMH COLDS Austrian, declared he could not ex- before taming on the current press -himself in An.inter- Cross examined by Mr. MacleoJ the preter was necessary and the witness explained circumstances and .was set aside'for the time and Dr. cor.uidons would mate acci- deats'ur.EToiUab'c and said that as- EiiEiJng Carson Iionesllj believed ihe lisht lie taw was Popovitcfa's it was qulto natural for hioa to Ore the shot. "Honestly Believing" Judge SimiGons; "Do you believe thr.t aJTihat necessary -'was that Carson 'honest'ly believe1 tbe iigbt he SEW -was carried by Popo- His satd there was a great difference Ketvreeii and "tiwviog" it was iPopbviich. Witfijees said In order to know it v.-as Fo'povilch it wciuld be necessary for Carson to and look into -his face. His that it .would Le fcr him to tahe all reason- p.b'e prccayiions to aee that It was PopovitrH In vier'.v of the fact tbat there" were oilier miners around. -liis Lordship then wanted wit lo tell ho-i- be a55ijiuo himself that KopovitcU had come out If be had bEfB flrlng the fl With'eW u'aa'd Llmself ty the light." It is iinpcsslble to mine. Basked further rhe point tbat it was JUie lijebied lamps Catsoi: could tell .that -there was a nrir.er it. 'the vicinity and that it was only rea McCrakken iras-called, "who describ- N! the condition'of Uie body of Popo- after death. .-.Indications' as-.to how death-- mas :aused were a ptei-e of wire in the neck and the body covered, with coal dust Death was iusfantaneous. Aa interpreter; was secured in (he meantime and Joyner recalled. He examined for the. crown by Jlr. Jl. Palmer, counsel for the MIuersM not Union. He in the mine when I ble for the of an employee, 'opovltcb "was killed. WitreES said I but it wasn't iho jury's question ie. Eomttiiaes Iiad to flre shots and er the should bz made civ- told hon- it done, thel liable. Their (jues'.ion. was to de- ie was Justified in tiiinlting It was Popo- vitcb's lie saw. -The Perfect Law Assuming that the new regulations of August 1st bad teen in force ness Said the accident would boL h happened as the shot flrer woald h (o connect up the wires, Mike Joyner, a .miner, waa nex called and at tbe outset a snag encountered. The witness being an tlie inquest; Carson udmiited he did iiol do his whole duty under tbe Coal Mines act. or tbe accident would not have happened. _ j Humphries sure evidence: verifying tbe documents produced i from tto jnqueft. Address to Jury j This completed the ease for ihe' Crown, and after a .five minutes con- ference with 31r, McKenzie, Mr. A'ac- I cod announced that tbe defence wcuM call no witnesses, Mr. Conybeat'D then addressed the jury- He said that the counsel for ,e.tUfeuce "iiad been trying to draw ji red herring acioss the trail by con- stact references to the Coal Mining ACL He didnt think "tho act had vtn much to do with the case. Had there never an net, Carson would be on trial. The whote issue is, was there culpable negligence. The arit was rcerely added security, but the question as to whither there was uh- reasonable negligence rested with the'the v.ord "flrel" was jury. DM they believe that tac meth odd adopted by Carson were reason ably sufficient; if so, acquit; if convict. S Proceeding, Mr. CobyteaTe" quoted Incidents fn connection wilb the ac- cidrnt-to'thow negligence, and con- cluded in "less thin fifteen minutes: Icavinc to his lordship to deal witb application of the heVr'ar.d old Coal Mine acts, upon which the de- fence rested EO inucbv.- -The Defence Mr. hid-jils say.- He agreed with Mr. Conybeire that-the impressed ouCthcjjUry that tb.sy bad .-J -p I p p n n I 11 I p ing "a man o! the black cut ,S I Ar r I i K11V111 r -M" ihc uisscr 'J I I II I U II U I I Lkl- revolver. !lc idcnli- finl the levolvec by (lie noise o! the He had no personal iotl. jinacy with a revolver. Lurabnrd's face was cut, Imt wit- ness' did not cut it. He knew of no reason why I.umbnrcl should tiavo been frightencJ of him. Witness de- nied being a iherhber of a black.hand society. Mr. Palmer'asked a series of. qiifs- dtslgned to mix up Ihc witness INSANE j i UUllJ LU Kalian faces OCYeral LhargeS wilb. a razor, bat Latella good of Intent to Murder GENERAL MIX .UP of' the barber, lie never slaved himstli in liis life. TiJU SALACIOUS SIDE His relations with ista. next came. under review, .tut witness.dniiieiPlieing jealous o! I.uin- bard.i He never belonged'to any sec- King Otto of Bavaria is Suc- ..ceded by Ludwig the Third .Mimuli, Bavaria, Nov. to do wit TV 25 tilled without there A feud which'is the big-topic of interest among Italians and- many I-1! others: jn and' Hatdie- vijle, occupied of Mr. hii jet society of Italians, lie had heard sane King Otto, of Havana, was de- talk of illegal societies such as. the posed today'from the throne which "Masons' about but never heard o! Ihe as" but 'didn't know anything1 lie las occupied for. 27-years without them. He' had lived in Hall', beici; aware ol liis position. 1'rinre iicgeht I.udivig proclaimed" himself 'Mafia-'.' The ni'ht ol lite alleged fiaras.hc-. .KEug loday in pursuance of-thc pro- inrl a clitcfcen house, when! Lum- visions of a law' just enacted by the nrdV'incc 'was cut with a razor, tiro bouses of the 'Bavarian diet. nj.9 t-iiicu niiuvui LUCIC uu lu; i r.cxt Lut witness de-! The King ol IJavaria is to be That-remained with another: Assize Court today. Tony Luinbanl tehir.d- the'razor, 'known as Lutlwig III. He probably party. All'they hid to'do was to de- was on trial on two counts, one ol lo the will lake the constitutional', oath Nov. aa in: 'justice a jury at-the upshot of the story belnc Uiat the various duties were sometimes per- Uriaine whether iiitb al did kiU and slay Popovltch. "ormed by and by Counsel proceeding defined negli- the fire boss. The fire was al-: gence, and said that shooting a man vflja preaeuU jbelleVinc; him to be a deer did not Mr. Paliiier was to; constitute maaslaughter, but a man show that was [be rule firing at random al a target knowing' aiGcng miners when ihe court called tbe jrobllcr were exposed to ihe bullets alt, that tven if miners would he guilty of, criminal negli- liieir lives daiiy it didn't genre if pomeone were afTecL Caiagn "in the present case. f ilf. Macicod argued that Carson for the defence vrilneas knew PopovJtch was ia the the rave a lot ot evidence to show where Crown too lenient; he- should i he; Vies working and the dovements have been charscd vrilh murder If of up to ihe time of the Popovitch was there, hD knew 1 flourished the revolver a means ci accident. Expert J. O. Joces, former of District IS, called, said he was a_ coal miner of years standing, having worked in Wales, United States and Canada, He had long experience with shot firing to loose coal and gave ex- pert evidence as to precautions nt- coEsary. to ensure ttie safety of min- Before a shot fs fired Jhe man ponsible for the tafety of the place should- be thp l52t in an to leave the enlry, Procccdiug Mr. Jones gave evidence favoraWc to Ihe defcaco, staling Itat Ihe lire boss had nany duties to pe.-'ona Md vas held re- snonstblG for a output of coal or the man would be killed and should! be indicted for murder But TvJun he did that, when as a coni- petonl, industrious man, he pro- cecded with his work, fully belteTing that Popovitch was out of tho there was no crime. There could be no crime without an evil mtnd. There was no evicleyoe submitted -to prove i such a contention. The Crown's cvl-1 dence showed tbat existed -arith Popovllch. Why, should Carson seek to kill? What pos- sible motive had be for kilting the I man? Kxp-.Tienceil miners'In the t.o.i admitted they would have done Uio same thing "as Carson, under the cir fiitnatanccs. Mr. -Maclcbd liirt' con- IF YOU ARE A DRINKING MAN You had better stop a( (race if you will lose your lob. Kvcry Jlne of bus- Sncas la closing iu doors to "DMi.lelni? H mar te your Him Bj- thc aid of OFtmNS thousands or men have restored to lives oi sobriety and Jr.duslry. .We are FO sure that ORRIN'K will bi-nent you that ve say to you thai If after a trial you (ail to get any ler.c- f.t from its your money will refunded. you Btop "o'rinltlns" think of the money you'll savo; besides sob'-r men are worth more to tlieir employ and higher wages. CosU oaly Jl.CO a boj. Wp hive an JnteretUDg booWet about ORniKB wt are gfring away free on request Cal At bur store and talk it over. Cross Drug Book Store Ltd Block, Third Avenue. his Cervices woaM not bo needed. Under cross examination Mr. .lones said that'ihe difference between the. new and old Coal Mines Act was (he oH one was general ID terins, while new ono la specific. licth provlrleA for snfety, the one j.xs-Mwhly.fcoing superior in that it Is direct. Examined as fo eonerAi rules aside from the Act Mr, Jones said tiiat In ne or two unions they were adopted o( Htlle valve. He had di. ,_, f liis evidence with LatcHa ex- .dccncc ItroufiU tear, :ratLcc. thar, mixed- 3 ii f 'n t with the CaEC at alL Ue salrt lhat Ilelore the jury, was empanelled. R. Palmer, counsel for ,a' tempted by a rather clsvcr Ect his client on on third and liimself in Starnbcrg Lake, Jur.c the Italians, stick '.foRCthcr anil cbuW I y Tfl lilc miserable .il lie went HH f K agaiosfthcm: tlis LIMULI IU much less serious charge. He asVed ver nt leave to chonee his pea and on the, JobaUian DiVciiporl (old of- Ihe court gmns approval. polnllng-ci ihe gun; and in Ihe cross- pleaded gu.lty (o the th.Td charge of said it was- nothing aggravated assaull, .asked that the t swinj5ing a Rim in clerk te ordered to enter it and ths claimed "tliat this act vitiated tuo more serious charges. Mr. Conybeare olilecttd and judge ruled against prisoner's C( scl, noting all oblcctions made.wl included jurisdiction. Mr. Fahner's 'Inat section ol the city. He nevec '.hrard anything "bad" aboul'cither I.mnbard l.atrlla. He wasnTt aira'd- cvldeace neier ot a secret society among the lj Italians. Gccrse McLennan, of the Stafford- argument was.based on the fact that: comp-nv t3U sellioi Lum- the three charges on the revolur, which same set.of facts. Us claimed, that and Mcniifie'ri" as -the the acceptance of a pica ol guilty on jon-c to priSOncr on June II, to- one charge-anil trial on the others! MEETING OF THE COMPANV AT CALGARY WAS ADJOURNED UNTIL NEXT MONTH siderabls f-tresa on the differences ho- tfce and new Coal Mine acts, and held thai under the olrl act the: of the wires, nnd ho-ng it to leave the entry did not icst on j Lrsoo. The Judge's Charge Mr. Justice Slmmona, in iiis cnarge, uliy revteTTtd the evidence. He said he issue was quite plain and simple, r had to declare on tbe question if fact. The charge oJ manslaughter woald be repugnant to jtistite and placed his client in double fcorarfy. Judge .Simmons tbat to .let the prisoner ofi on more serious charge's he guilty to ;a mir.or oner.ce would be a miscaf- iriaze- of justice and re ortlcrrd .the President of a moral reform trial on the two other'counls to pro- The jury was empanelled with little ilar to those soM. JOB an Halinn, evi- dence through an intcrpt'trr, Calg.iry, N'ov. meeting nl the Diamond City Coal company call- ed for today to discuss the future of the copipjny: adjourned until Dec. 1C, when it is likely something definite nil! be decided as to the resumption of work in the mines. Jt is undcr- tl.tcc propositions umler considera- tion and whatever the'outcome, tho of Eeeins Ura.batd w.lh the gun on "'C DH. H. A. McKIM organization which hopes to'epreaJ to cccd, fter and he undoubtedly >re3 tho rcgulaiicn he fire boss lo couple up trie wires a tep in tlio direction ot safety, Carson's Testimcny SergL Wade, R.X.W.M.F., who W.IH preatnt at the Pojtovllcli inqucat and took down the was tbe next Mr, Conybearc proposed reading the 'tlspMr's evidence at Uio coroner's inquest to tho jury, the 'sUmographfer U-inK called to verify the lyjiovritlen report.. Mr. Maclcod debat'jJ the point an4 after" twenty o! legal paisago-at-anns, the court ruled that the evidence be admitted, noting Mr, McLeod's f -Mr. Conyfceare then read the tace wblth told the of the by J, O. a all the provinces of the Dominion. ..the Voin, It It the outgrowth, of Pxcuscd. ju he- V. M. C. A. 'and university work, c c c] j. and will mske a special effort to T. 1'atlcr- :he liquor traffic. son, C. M. Johnston and J. W. _ jtirass. _ __ STORY Tom l.alclla. the victim of rage, vas Ihc first wit- lir53_ lhc riOW v.cll may be brought home under a variety oi circumstances. They had nolblog o do with the greater crime of mur- der, Tbe suggfcp.tlon of the Crovpn n this case killing through ntg- Itgcnca That Carson had failed to paifpfy tlial Potiovltch I It-It the entry. Tbe defence's explana- tion !F> that he was accustomed (o gc-t the word "fircl'' beforo turning tho current; that he Answered with the word He he.trd the ar.d saw a light, which ho thought t that of Popovltuh. It was for tho jiiry to say whether he looX reason able care. His lordship pointed ou ihat there- was nn evidencfc othe than that of Carson whether anyone out the nord "lirel" or not Joynor was in (he. and heitbe counsel flEKC'd blm If.'bp call.od.ou or heard il.calhrl, ,_ firin unp 'On Tour, Loved Ones knolin cf liaT1'ng CIU on 'nmJcarda will tell you with tears of sincerity llmt they do not want to drink. craving coming from the InHarnod the stomach, drives-thorn to It, t Aicura vrJIl Eoolhe the trembling >rvcs ond remove the craving that 13 ruining jour aiirl alcallng'an husband or fatln from you. It costs oaly per boi and If It does not cure or benefit after a trial Uie money wJH be Alcura N'o. I. Is (aalflcsa and can bo given secretly In Tea, fjoffc-e. or food. Aicura" N'o. 1', IS taken "volun- tarily by Ihoso willing' to help tbem- Alcura can now be obtained at our story. Ask for booklet idling all about it and give Aicura A trial. .1. tt, H'Sinbolham C.o, Limited, LcthOridfic, A1U.TU. the hack porch of his bouse in whtn he saw Lmnbard standing on Ihc.siittvalk, pointing a rcvolrcr at him'. His attention was attracted by tt.c elicit ol the trigger. Li'mi-aM pulled it twite, lie was twenty feet distant, l.atclla frightened and ran into Ihc house anrl laiidlocd to call Chief Davis. He asTtcd Ihe diicMo arrest ard, which was done. Chief Davis asked where the oHer vv3s. denied bai Ing one, but or! the chief feeing fnsislcnt, imbittl saiti li eventful day.in qtc 'ion. harrl entered his bouse, threw on the floor, picked it up threw the revolver The and cirlrirfvt-s weie ch to Chief.Davis. Lvm- thc anil Merc given lo cleaned out TO MEET THE- HIGH COST OF LIVING Toronto, Nov. Is under- stood that Premier Whitney will ask the Ontario legislature ia In crease salary of Lftuten- ant-Governor from ten to twenty thousand dollars a year. Ycstcrilny orders bave mine thoto c' 1B so tlial nver decision tJie bliarelioirtcrs decide on, DIED OF PNEUMONIA Kstcvan. Saek.f Nov. Malt Knight, mayor of Pwcce, and a resirlcut of this town for one ynnra, Tilled RiuMonly last evening of r-neiitnonln. CLHAKS .STUFFY HE AD AND -NOHE AT CATAIUUI r I BELIEVES SWOLLEN, INFLAMED NOSE, HEAD AND BREATHE FREE- HEADACHE GOESr- NASTY -DISCHARGE STOPS, Try "Kly'fl Cream Balm." pmall Iiotllo cnyway, Just to IIIJ.1I U IIU il.lt >1 Ib UVH.OlLlv.-l Hill uhy 0-H.Me. 'UfflJ hprd Eaicl the "gun -didn t air of.llic head work.' tumhanl ivail nut and Ir.cat-, open; .you-.will breathb freely; the rctnrntnj( lo the tiuith'.-Es and licadnchc il; houss lAnhnrd siM, want (o till i Morning! tlid catarrh', o; liiiS man nnd I'll kill him jpt." jcaUrrlinl soro threat T.ill lo fionc. CrostiCxamir.cd, Admittprt Knrt nuch mlstry Get thf Ihal Liimtard charged him te- small: boltlo of "Bij's Cram 'jialiii nt any flmg store, fra- gr.inl bnlrn dissolves by Hie hea' tncj noslrllsi; ptiictratea nnri tho tnilamcil, swollen memtir-ine .which lines the nose, hpad and throat; clears the nlr passngca; fllopa nnsly dls- clmrsca and a feeling of cleansing, soothing relief Don't-lay ftwakfl BlruggUnB for breasli, with Eluffrilv nostrils closcil, liawfcliif: arid blowing. Cnt- ,rrl] or a cold.- with tin running mil mucous dropping into the Ihroaf. nrt rftw drync'ss la dlstreisEng but ruly nctdtcss. I'ul your "Ely's :ip'T viijr. cold or urrh surely disappear. ;