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Lethbridge Herald Newspaper Archives

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Lethbridge Herald, The (Newspaper) - September 10, 1910, Lethbridge, Alberta The Lctlibrldge Pally .Saturday. Sept. 10; 1910. Wednesday, September 14 HAROLD NELSON And his select, company in Sir Gilbert Parker's Masterpiece u Pierre Of The Plains" After a run of over 100 nights at the Garrick Theatre, Chicago Tickets now on sale at Red Book Co. Cross Drug and Prices 75c, 50c DECOUX FOUND NOT GUILTY JURY CRITICISES THE MINE (Continued from front How It Happened Following Wm. B. Powell, the first A Juryman Called This morning John Robinson, min- witness for the defence who gave his ing engineer of Frank, one of thecor- evidence yesterday afternoon, Arthur i oner's jury, was called. He had ex- Decamps, "miner, was placed upon the'amined the mine, with the jury. The stand and gave his evidence in mod- erately good English. He- was work- ing, at the face1, of the south level'.on June 2'lth.. Decoux on that day was driver and Lobert loader. Witness loaded the car that killed Lobert and helped Decoux to push it towards the head of the slope. Briot helped'them grade of the south -elope very uneven. In some places it was er than others.. He gave his opinion on the effect .of sprags'inserted in the wheels of .a car under various condi- tions. He saw a car. brought down all al- the slope. The man had control the time and brought it down THERMOS ELASKS AM) TEAPOTS In the home a Thermos is always: Summer or ..Winter. It keeps liquids hot 24 hours a fire, lamp or stove. The morning The baby food. The drink for-the journey. And in summer it keeps .li- quids cold. Tea Pots........... to E.AtEWERT-v JEWELER, Round St. LINDGONSULTS WITH LEADERS Minneapolis, Sept. Democrats held a conference last night to determine what action to take re- lative to filling the vacancy caused on their .ticket by the refusal of .for- mer Governor Lin-d to run. Mr. Lind is in line but says he won't run. In the conference'; were Justice Thomas .3D.'O'Brien, John .Lind, F. B: Lynch and others. Mr. Lind is urging that the Democratic Central Committee will fill the vacancy, and nom- inate Justice O'Brien for'the' place. Congressman; N. W. S. Hammond will be in consultation with the leaders here today.. It is expected that John .'Lind-Trill give out his letter of de- clination in the near future. PIERRE OF THE PLAINS With the Presentation of the by the 'Harold Nelson Company at the Majestic next-Wed- nesday, the Pinnacle of Local In- terest Been Reached Mr. Nelson is Canada's, foremost dramatist, is the pioneer producer of palatable entertainment of .the edu- cational, and highly moral sort, and is perhaps the. only star who has ad- vancement of theatrical.-, at This was demonstrated.-when he closed his rah of unprecedented success, August 1st, at -the Beck Thea- tre, -JBellingham, ".Wash." ''Pierre .of the Mr. 'Nel- son's masterpiece. and .never. fails to hold the attention of the audience from start 4o. finish. It .deals with stirring on the border in the days of the Dearly settlers. Pierre, playe'd by Mr. Nelson, is a halfrbreed who has Jeen maligned by, enemies in of the "daughter of a road-house .keeper. Pierre loves her' devotedly: wjthout -telling her- until-he Briot left the car and went- on to- wardsv the face before witness did. Witness left to go back to his other work when the car was near the head of the elope. The horse was standing five or six yards from the the incline. De'coux started back to get his horse, leaving the -car moving very slowly.. Witness .was between the horse and the car.' .The. horse took fright and turned around', start- ing the other way. Briot'was there and helped Decoux turn his" horse, and the latter then started after his car. Witness-went back'to his ,work. A short while after Louis Marc, the for. a short distance also. Thought'right-''Had the'ntan lost control it ....._o. __ might have ;resulted in ,an accident. Cross-examined.; Me considered the dangerous' one. If a car got .away from a driver it might be very 'difficult him. to get it again. A .man who had- worked in mines all his life, or in that-mine for five months, he thought, should be perfectly fa- miliar its dangerous condition. Decoux Takes the Box Decoux -himself went on the stand about twelve o'clock; He gave his age and1 nationality, Belgian. He'came'-to-Canada in.August, 1909. Had worked in" mines at Marcenal. for fourteen years. Had worked on south slope 330 level at Frank as a miner, sometimes .as loader, since March, last. _. He had never had charge of .a horse until the morning of June 2-lth, '-the day killed. No one gave him any .instructions :as to the -way Jean Baptiste Lobert been 'g'iven orders to get "witness to take-a horse' that Had only -taken Vine- horse down and up -once-before" prior'to the trip in which i 'Lobert was, killed. Lobert told him to lead behind the! last-car. of each-batch of four cars in order -save' time.: Witness describ- ed the up and down cars: handled on July 24th-from'the', commencement of the shift until the. accident occurred.. His was .that he; helped Lobert load- his him to start -.then' back to the face to loaded there bv oth- cager, came running up, saying a man was hurt. 4'Witness ran down to-the shaft bottom and saw a car upset and, one of the uprights in the middle of of the level knocked out. Lobert was in the, cage. Briot, Decoux and oth- ers with him were holding his head. Decoux was holding Lobert's head. Drivers nearly always lead their horses down the slope behind the cars. It wras a general .custom. :'Witness went up on-top and later .came down with Supt. Emraerson and the mining inspector, and explained to them the accident 'just, as "he -had 'done on the" stand. Briot ,'cahie down and- told- them 1.0 repair the damage.' Question Ruled Out" Counsel asked witness in regard to .statement at this time. "This accident had io happen.; so that the. track, would be i but it was ruled out. At the Decoux was turning his horse Page head of the: slope Briot said .some-! 35s and to take'down. thing being-dangerous "toilet iis car ..go. Decoux, however j contin- ued horse and: Briot helped him turn J-t outward. witness, started rbm the 'face with, Decoux' car and they ".passed the horse about .forty f Descamps Briot "helped him, push Witness spragged it: When at the top slope he let it go slowly on, while ho turned to get] hold as he got to it, the horse started and turned round. Briot .'was just there and're-" feel from the face. Saw Decoux put'marked' "Where car A1-- ness replied .that it had said witness should- not do that' as it has, proven.his true self and courage- ousnesB in a tragedy that serves m the .sp'rag. but did not see Briot pusli .It in farther. Briot told '.him afterwards he had" done so. When De-'. cpux left his car to get the it did not break or pull out Decoux. could'have--caught it again with his horse: Witness..; a driver. He- might be'. better letter-writer "driver-." Ha'd'written a let- ter to the papers about, the matter: him. turn around. Witness the world would, not load upon the shoul- ders of Decoux the responsibility of the dangerous condition of that slope- as well as-the letting a-way of the ,Iii regard to the malicious afore- thought plea-there was" one man who had he been there, could have told thnm something about it. Jean Bap- tiste Lobert. And although there was every opportunity a deposition was taken. Counsel felt sure that; Baptiste Lobert could he would be the first to teli the jury that there was no malice aforctho'ught, but that it was an accident: He called, attention to the discrepancies in the evidence of Jiilien Briot, the pit boss, the crown's star witness, when placed alongside the evidence of other wit- nesses. The" Crown's -Reply W. M; Campbell replied shortly. It had been'a very unpleasant duty to him to perform, "but he had endeavor- ed to bring, out all the evidence ob- tainablei and to place it before them regretted Froubert .was not there, bet, it was not his fault. In'regard to the charges he pointed out that'-if they came to the conclu- sion that the act .of letting, the car run away was even though accused did not intend to kill Lobert. ithen they must bring in a verdict'of: guilty. He laid stress -on the fact that Decoux knew the dan-j ger "fact1-had had cars' run away before, and yet deliberate- ly, let' the .car .that killed Lobert, go, while he turned round to catch his lorse.. When-he found his'car -gone ie did not run'down alter it .ng to warn' those "at the bottom as -He maintained that the jury could-not help but bring in a verdict at least.. -t Judge Sums Up took.twenty minutes summing up before putting the case into the hands of the jury. Although discounting-the murder his, direction was throughout most point-j eclly towards a manslaughter charge. He counted out the Dr. Andrew the defence's medical expert. There had been some evi-' dence, he said, concerning the condi-! tions the company- allowed to exist.i f hey had nothing whatever to do' with that in the present case. The: greater the-danger-existing, the'great er the care required. This' was, true- not only in mines .but in all other occupations. He quoted Russell America's Greatest Pianist Assisted by Soprano In Joint Recital This Tt'ill be one ..of tlie best recitals ever pre- sented to audience, ancl anyone failing to will miss a rare treat. Mr., Sherwood is ;on a "par Vitli the best living" pianists.'..- Seats: and On sale at Re3 Cross, Drug Store whom he spoke of as one of the best authorities, to show that it .the jurv was satisfied that the accused was negligent .or neglected to use -ordinary care, then, they must find him guilty of manslaughter at least.' 'If they, thought-he had the intention of doing one for all concerned. _ In the excellent supporting com- j hc maintained other drivers. "besides -Throughout a long pany, Miss- Grace .Johnson, the beau- tuul- young: San Francisco actress heads the feminine contingent with delightful delineation of the 'Jen" WHO DOES NOT KNOW ABOUT SHERWOOD? Who among our music-loving ic- has not heard the name iam H Sherwood? For Trinity Hcalthysitoalioti. School U U tf 1 rRl nvpC, IHn. Gymnasium, ing Einfa, eto. for the "OiuyersitiBS, College, and Boaiaess. Special gi-ven to voonCTr boys Vat tarn beraa Sept. U. born 1IGKT. M. A. (CwbiMfO. CLB. HOPE. CKX. not only- in America but. aJl over En- ope, as the greatest pianist America' as ever produced. As a matter, of act, we have many singers of inter- auonal reputation, but the name of herwood stands absolutely alone as- pianst. He has appeared with all he leading .orchestras both in Europe nd America, and has done more for American music than any musician oth at home and abroad. His programme is one that appeals to 11 classes, -as- he .is: a great believer hat all artists should play music that can be thoroughly understood by ev- ery one. He will be assisted in his recital, which he will give in this city at the Majestic on Monday next by Miss Vir- ginia Listeraann, a dramatic soprano, who has appeared as soloist in all the leading musical festivals in the United States. Decoux, .although he. did "not know their -names, lead their. horses down behind cars. About the Dispute During -yesterday afternoon a num- ber of witnesses'- were -called ed _____o -His lamp and-when -he was not going, fast enough 'With' "his horse he'Jef'it go 'and started to run harder. Nea'r the, bottom he met Marc, who' he had wounded, He'ran. to 'the 'cars and- looked for Lobert. Saw 'him under the car and helped.take him out anc place him in the cage. Lobert had suggested that .they take -two cars .down at a time, chain- in them together and using three sprags, and driving the horse ahead. ed upon the matter or pointing out -that everybody must FOURTEEN COWS WERE IMPOUNDED The city police are busy time still with cows defence, :who testified to overhearing; i Witness told Lobert to ask Briot the .alleged dispute when' was claimed by the crown, threatened Lobert. They .were Ponsart, Paul Lehinoyv F. Mouyss'et! Gust'av G-auchy, Anton.. Sanatas and' Salva Ribais, Although 'differing' in several about it. Briot had said not to do it' as it was too dangerous for the horse. If the horse had not turned, 'he. would have had'plenty of. time to catch the car. It going up the first time that Lobert told minor details, their stories were to the horse down at the tically the same, and remained shaken under cross-examination. un- Ac- ._fsame time as the last car. Witness recounted the "words" he cording to them -all the dispute' aad'tnc previous day with "Fran- words was not between accused and rois Lobert at all, but with Francois Froubert, Lobert's brother-in-law. Their account of it formed a com- pleter sequence'of-conversation than did that of the crown witnesses, who testified on the same' occurrence. Ac- cording to Ponsart and the others Decoux was standing at the head of- Vl C. f trr-l F4- -P. __ ___ _ ___ cois Froubert near the of the shaft. It-was prac- tically the same as recounted by the other witnesses for the Cross-examined he said he had had a runaway when working as a loader a few days -before the accident, the car- smashing where Lobert on was the same props killed. On that the shaft the day previous to the ac- occasion, he thought the sprag aright MR. McKENZIE RECOVERING Sept. Malcolm j-lc- m shows a marked improvement and it is believed that if it .continues, he will be able to be about in a few weeks. him their pre- cident waiting; go down, Francois; Froubert went up to and asked- him how many.- of cars Decoux had taken out the ,._ vious shift. Decoux replied "one" Froubert said, "There, were more than that taken from our chute." De- coux "Do you take me for a. robber to which. FrouiK-rt ''I do not take you for a rob- You never were, any in the country and never Vill be. here. [This is the third time cou have stol- en cars from us, and u "you come off the company's property" T up for them." DCCD.JX nphcd old a minute should be lost when a child shows symptoms of croup. Chamberlain's Cough Remedy given as soon as the child becomes hoarse, or even after the cro.upy cough appears, will prevent the attack, druggists. Sold by all HAVERGAL COLLEGE WINNIPEG Residential and Day School for Girls Modern and Thoroughly Equipped Buildings E. L. Jones, LJXA., St. Andrew's, Scotland, formerly head of the Day School, Havergal College, Toronto, assisted by a large staff of resident and visiting professors and ieachers. COURSE OF attention is given in every department to the individual 'training of the pupils. The' school course con- prises English in all fts branches, with Latin, French, and Ger- man, Mathematics, Botany, Drawing and Class Singing. Pupils are prepared for matriculation at the University of Manitoba. college offers exceptional advantages for the study of music, and present and past pupils have taken high honors in the examinations of the Toronto Conservatory and College of Music PHYSICAL physical development and 'training of the jtfrls is by an experienced resident mistress, vrho also in charge of the School Games, Tsnnls, Basketball and Hockey on the School rink. Kindergarten Department leads into the Junior School. -calendar containing full information, atmly to Principal. The attention of patrons and friends is directed to the great improve- ments made in the College Buildings during the past twelve months is now a large Assembly Hall and Gymnasium for -the pupils' Studio for Ant Studies and special rooms for the teaching of Pianoforte' SCHOOL Rg-OPENS WEDNESDAY, 14TH OF SEPTEMBER. 1910 make j'No, I "will not fight, I "did "not come here to fight, but r'o work, as I have children.'" them swore they went uown ire'shaft before Decoux, some after, and soini with him, but none of taern rleard s of have caught against some brickwork and had been knocked out.- He tried to hang on but had to let the cargo. He was about 50 meters behind ir, when it reached the bottom. Witness was cross-examined at length by the crown as to the fatal without shaking in any measure what he had stated in his examination in chief. He had had troub-le with Froubert the day before but not with Lobert. He bore no j malice whatever against Lobert and j had no cause to hold any. To a juror Lobert "had been act- ing -as'a boss that day and had told- him when starting work to bring the horse down with him with the last, car in order to get down the faster. Defence Lawyer's Address W. C. Simmons, for the defence, in his address 10 the jury, dealt with know that- a car .starting at the top in'the city limits.. No less than four- ot. the. slope! even if spragged would teen cows'were impounded yesterday, increase, in momentum every foot, and '-Summonses, are being taken "out they imist conclude' that 'accused knew i against the "Some -of uhat. Something had been said about Robert-giving instructions about lead ing the-horse down. He -did not think they should pay much attention to that as Lobert was not in au- thority And even had there been a dying deposition, taken from Lobert he did not think 'it would have helped it was evidentJ could have known cows are the same ones for which' their owners fined and costs, 'as recently as Tuesday lasr, when' they were warned 1 istrate' not to. turn- their within the city' again. Included the bunch impounded, yesterday FERNIE VICTIMS ARE STILL AIM Sept. two men the hospital suttering riom injuries Monday nignt, one irom a, knife; .wound in then abdomen .and the. other troni a severe beating over the head with a club, are both, im- proving and it is thought that Jan- by- the. mag-1 stabbed, supposedly, by ir 'cows out John Serino, will recover but" Ole JKIlberg, -who was i ed by blows was- so seriously mjur- from a club over the very little .elso is, a particularly wise old cow with a about the matter beyond that he propensity of jumping fences" and bid- one'red cow, which they have, been'f head, is still in a very serious con- endeavoring- to: catch-lor week's.: -Shir! was struck in the back by a car. There were three verdicts' guilty of murder. them. open- :uilty manslaughter, or not guilty. The jury was out for an "hour and a half and then returned rendering the verdict' already given. Throughout the'trial J. 0. Jones, secretary of the Hillerest Local Dist. 18 U. M. W. of A., sat beside Mr. Simmons, while H. C. Moore, solici- tor for the- Canadian Consolidated Coal Co., Ltd., and E. Heat-hcote, district mine had seats in "ront of _the barrier. Provincial John T Stirling, of Edmonton, provincial mine inspector, was in the body of he room a portion of the time. ing" herself- between buildings.. She has only be-en turned out by her own-' .er.after dark, and scores of com- plaints 'have been received about her from residents'south and east of. the barracks. She is in the pound, however, with claims for damages, totalling already against her. She' is said by the police to belong .to Wal- ter Whitney and the claims against her arc, So; by Syver Crest, by W. C. Ives, S10 by A. G-. Zettel and by W- Prouse." The police have engaged a couple of cowpunchers to work under Sergt. Lamb and arc determined to put a stop to the cow nuisance. Will Make Hair Grow 'i up-to-date woman should have radiant hair. There are thousands of narsh, faded, characterless do not try to improve it. In England and Paris take pride in having beautiful hair. Every Canadian woman'can have- lustrous and luxuriant hair, by using the great American. Sage Hair- Ton- ic. The, Alberta Drug and .Bookr.'Co. sells a large bottle for 50 cents? and- guarantees it to banish tailing hair-and. itching scalp flays, or money back. Decoux have any words with the dp-! the statutory offences'of murder and ceased Lobert at all- or Jio.-ir i.hc i manslaughter. Ke argued that there words "Je te used'. Several of j was not the shadow of evidence to Several of them declared emphatical-! support the hypothesis of premedita- ly that if anybody had -rvvorn he or malice" The case coux) said anything of the kind they i for the defence was so strong that it were liars. 'did not even have to ask for the. A -Similar Accident j benefit of the doubt. The Frank Nino, an Italian a driver in the mine was ceiled Vnd swore to a car getting from him a day or two before the' accident, would probably argue that the great- er the danger ir. the mine the great- er the necessity of precaution on the; part of the cmplovces. but he asked j the in wmcn Lobert was killed.- v.-it- the jury to bear in mind that ness hurt his leg on that-'.on, 'company by maintaining such dangor-j but went after the car us jest ho. j ous places "in their workings V.ej was able. He found the rir upsefc at i south slope in This mine 'increased the bottom. Briot, the pit boss- and Uhe physical and mental strain on assistant superintendent Cwho in every working there. Hr evidence on the first day uf the tnal emphasized the fact that since thp had sworn he knew of no Mich run- accident had occurred the company away) was present and gave i-.jiruc- j had improved the slope by lowering: tions as to clearing up -he ticbris. j the grade, evening it up and putting j Louis pump-inn o the (in a stop block. Hc criticized the; -4th of June, working on tt.c 330 j crown for allowing Francois Fronbert j toot level, witnessed acHd.Mit, -at to the country, for not calling: the bottom and described it graphic- j Louis kartell, the pumpman, an eje' ally. Ke first saw the oar a Moment i witness of the accident, who had to be called by the defence, and for not before it struck Lobert "Attencion Attencion but his voice was not heard. With Decoux and the others hc helped get Lobert from the wreck. After they had him out the first to arrive was Briot. Heard Briot say to Decoux, "I'll put my haiuMo my face and you will never come down here Decoux' face was white as plaster. Decoux worked hard to get Lobert. out. securing a dying deposition from Lo- bert. Dealing with the manslaughter fea- ture, counsel said the accident was one of those when criminal responsi- bility had to be proven. It was in- cumbent "upon the crown to prove, not merely an error of judgment, but to show recklessness and a total dis- regard for the lives of his fellowmbn. as a jury, and as men ot the FOR OCTOBER NOW ON SALE Here are a few of the many good things in the October List. That Fussy Bag Peerless Quartet lo inch. 750. Divine" Maish-Macdonongh 12 inch 10 Uof, F.W JWc. for tfcc two. "Come be ray Sunshine, Dearie" Macdonongh (b) "The Arcadians" Favorite Melodies Pryor's Band McComiaci: Red SasJ Records, Gioconds Cielo e Mar" Enrico Caruso 12 inch 64138 Annie Ijanrie 10 inch Purple What good 12 12 inch 60023- you're KoraBa-es Sold ia Ji. by Co. of car 3000 ;