if PAGE FOOZ; WOMAN WHO SHOT JAMK& OVU.T MANSLAUGHTER Continued" from. Page' lv take pari rtf hex story and con demn Mr on that. It-would be mnl nrtqir-lo assnovjt that ac cuscd had bop.n resolved lo com mil murder. It Donald had stayed wherebe, va.s.Mhere VouhJ havn been no.nhnoting. x If 'the girl had. doljhsrately. intended to slioot him Ihn timo to do so was In tho hall and bofore she, had re entered the. kitchen. As it was the shooting had only taken plaee alter deceased, bail, taken such a strong hold of her that the, im print of hjs jiaiiiT bad been Iff on. bur person for day nfler- ward. Defense Was Motive To establish a choree of mur der, Mr. Parr is reminded the jury that it0was necessary for the crown In. bring home the guilty mind as well as (be mere physical act. It was necessary that preparation,, motive and subsequent puilly conduct be shown. There had been no sup estion or indication of prepara ion. i Two .minutes bofore he killing, the gun bad not been thought of. In this case motive must be shown in order to prove intent. No such motive as jealousy, revenge,, retribution, robbery or anything else had here been shown. Had not the ill Ireamenl that accused had received at the hands of deceased justified her having taken the gun into her hands? Could it be assumed that, because the girl was mad, she could have developed "the physical courage to get the gun. and come into the room with the intention of shopting? The subsequent conduct of the girl. Mr. Karris maintained, only went to reveal her innocence. After the shooting, she had not tried to run away or hide but only a few minutes afterward she was seen witb the gun. stHl In. her band. She bad known that the police were being sent for and there wras no remonstrance on her part. Only after she- bad begun lo realize the tragedyami the. awfulness of the situation lo had she staled that there wa? no gun. It was only a wonder lliat, innocent as accused might have been, there were no more , indications ouilUf. . , Dangerous Position From1 the evidence of the crown it was shown that there bad been, drinking in which deceased had participated, I -yen Charlie, liibeau, deceased's, best friend, had testified that Donald, when drinking, was of an jjgly disposition inclined to make trouble witb women. He had even been considered dangerous when in such a condition so dangerous Ural lJibeau, On one occasion, had said that he would not have liked lo have been in flak's position. U a month pre vious. flale'bad been in danger of her life," was,-it not reasonable lo assume that on the night in . question, with Donald even in a worse condition, Dolan was in "even more danger? Mr. Karris again referred lo the marks that . had been found on the girl's arm. There was nothing more reason ..,able loassume than that they had been nut there bv the ugly. , drunken, roan. The powder mnrM " fopnd (MX the man's- body was evidence that the sbpnting bad ben ,altvery! close range, and proved fhal 'the un, as the-" gir herself had testified, bad not gone off until they were practK- rally at grips. It was plain thai Donald Jmd approached her and that In so doing be bad. brought the tragedy upon himself. Withstood Ordeal The crown bad not a single argument to advance that was in i coiwlstnl with Ihe girl s own i story. Mr. Karri drew the at ' lentlon of ttie Jury to Itio man ner that accused bad withstood the ordeal of Mr. Johnson's cross-examination Vller having 4 .languisnen in a ceii jor six , months, every day seeing the ; face of Ihe, dead man, picturing the jury'liiat she would be called upon to face and anticipating Ihe , "possibility of a deaUi sentence being passed upon her at thi , trials' her veraeily and demeanor had remained unshaken even . jttl'P- (see .of, Ihe cross-e.a,mina tinn of one op. Mr. Johnson Merely to Frlghle Was her story that he had taken the. gun merely o frighten deceased anything but reasonable? W!as she to be condemned because she had not reasoned out something else to do in the circumstances? They were all half drunk, it was 3.30 in the morn ing and she had been mauled by a drunken man. Did that prove malic or murder? It must also BRINGING UP FATHER TaZ DAIliV HEWO HHt.ir.l , ; rt i r ,. r-r : . 1 ' . 111 pi rj T"1 ' ' 7 ;rs- ? . 7 .. Ml LET THE, liie VHAvT OO HN-HK! LEV TWF. XCt LET THE V . CH1LC); Plw, J f "YOU MEeJSCV tiiJZ.' CHLO PLA- CWuO PlM THItjTT I II II I, ' Y frt io ill a. i v ... i r i , v - . ill h xiv 1 Mm v n n m T m I I . . nL . .h i . . i . : h a . vV&Ai MMBT !i.l i3LMs . ' I I I -X Uf 7 l-TVt. M PTrin T VEia.-MR'.JIc . ... - III WWO LUCKY 1 j i t ltf I be remembered that these girls; Avere leading an Immoral life outside the pale of the law. Their natural inslainct was against seeking Ihe assistance of a po- iceman. It was unreasonable to .suggest that as a reason for in lent lo commit murder. The threat that tho girl admitted having made even further estab- tshed her intention of meaning only to fmhlen the man. In Ihe last analysis, Mr. Kar ris submitted, H could not he sain that this was a case where a lisreputable character bad gone out into organized society and fired a shot. It was a case where a man had gone in where these women were and had be come iirunk and lij-treated hem. If James Donald had nol crabhed hold, of tho girl, the hot would necr have been fired. With the man in a dan gerous and ugly mood and witb be girl in danger of being beat en up or killed, il wa a ques tion of running away bul what should be done-when he came af ter her. The suggestion was that the gun had pone off in the impact after deceased bad come after the girl or through the re laxation of her muscles,. Kven then she was in a corner and bad been forced by the mail himself do the. shooting. In closing his address, Mr. Karris reminded the jury, that it was necessary that a puilly mind be established 'beyftnd alj Reas onable doubt. The responsibility of-the jurymen ;bi mqking"a decision would rest with them all their lives. All the evidence had gone lo support the story of the girl and to reveal the inadequacy of the crown's eae. Mr. Johnson laid the facts of lie case before the jury In a fair and effective manner- with ab-enc of prejudice,' lie explained l,ia,t the duly of crown counsel was to bring out the true facts whether for or against tbe crown's case. The mere fact that Donald had died in the, bouse that night did not Justify the crown in asking that the woman-b convicted. til was necessary for the crown In bow beyrtnd reasonable doubt that accused had been responsj hie for the death. II w:as ncccs- sary for Uie jury lo use its com- moil every day horse sense, i'he faitts leading up to the shooting, Mr. Johnson asserted,' were simple. It .was necessary to' consider to what extent deceased ' had abused accused and. to ascertain in bow great danger she was. v as the shooting justified as a case of self defence or was it merely an accident?- Developing the theory of self defence, Mr. Johnson asserted that even if deceased bad struck accused half a dozen limes, the use. of a revolver, was nol necessarily justified. It was, up to the jury to judge on the fact of whether accused, knowing Ihe gun to be loaded and, ready to rire, had. voluntarily or recklessly pulled the trigger or whether pressure applied by deceased had aused the gun In go off. In his connection, Mr. Johnson ointed out that Ihe revolver was fully loaded with a cartridge In !he breach. liven witb tbe safety catch off, il required double ac-! ion of the thumb ami finger to fire the weapon. Was Ihe fact of (he gun being in tlio band of iccused justified. She had a leadly weapon while accused was unarmed. She had no right to 'ire the gun unless her life was in danger. Was there no other avenue of escape than through using the jrun? Her aetinn in going to the. cupboard ami get ting The gun. Mr. Johnson Anli-inilted, suggested some motive. Three Alternatives II. was for the jury to deeidc as to Ihe possibility of il hav ing been an accident. If there was intent to kill or even fVound, it constituted a case of murder. If Ihe gun had been bandied reckless of results, it was manslaughter. ( The only other alternative . for the jury was a verdict Of nol guilty. The conflict of evidence as to whether flale or, Dolan. bad called for the police. llr Johnson said, was a point of minor importance with nothing turning upon it. hat was or importance was that the woman bad the gun in Iter nana ami mat tonaid was lyinr on the floor- in extremis II it had been an accident, Mr. ihdigestidri and1 spelliof despondency. You may be unduly sensitive to light, and sound. You may be irritable and inclined to worry when there is no real cause. But inability to rest and sleep is one of the mrest. signs that you need the help of Dr. Chase's Nerve Food to get back to. bealth. Nervous disorders do, not get better of their own accord. You must supply the elements of Nature which are required to build up the depleted cells and these elements are most happily combined in Dr. Chase's Nerve Food. 60 cts. a box, all dealers or The Dr. A. W. Chase Medicine Co., Limited, Toronto 2, Can. You Wonder Why You Cannot Sleep F you could only sleep at i night there would tie some chance of eettine back the. nervous energy which is expended during the day. Bui; you cannot iwp- in the mornings you arise feeling tired and played put. By evening you are all in. Your nervous system is entirely exhausted. "Is there.no. way to get out. of this condition?" you ask. There is. By using Dr. Chase's Nerve Food regularly you can feed the nerves back to health and vigor. Perhaps you have never realized the cause of your sleeplessness. But this is the outstanding symptom of exhausted nerves. You may also have nervous headaches, Vented For Sale ForJRent DAILY NEWS CLASSIFIED ADS. 2c per word In advance. No Advertisement, taken for lets than 50c Johnson stigi-sled that accused should ha.e told the.ptdire so al the time and sl.own the iron. Mr. Johns. hi further pointed out hat people were not suit-posed to have revolvers except for self protection and, even Mien, they were not allowed to take (hem out. The fact that evidence; tt prostitution .or illegal sale of li.pior might bave been brought out had nothing to do with thU cae and tbe jury should dismiss such Miings from tts mind. The question for tfie jury to decide was whether or nol accused was responsible for the killing of Donald and, if so, was' the killing justified? ' Judge's Charge In charging the jury, Mr, Jus-Mce W. A. Mar Donald rfninted out that tic burden of proving (hat a crime had been committed rested on the crown. If the crown proved that the y prisoner had vommitled The killing, it then rested on the defence to adduce facts constituting manslaughter or justifiable homicide. There should be no difficulty in the minds of tiie jury as to whether r not deceased had come to his iealh as a 'result of a revolver in Ihe hands Of Ihe accused. The ury- then had to determine if il .a a ease of murder or man- kujghter or if the facts were uch that "ihe conclusion could o reached'Hiat accused was nol uilty and liable to punUhmonl mder the indictment. jn this case only two crimes were possi ble under the indictment tnur- ler or manslaughter. The only dher alternative was - acquittal. His Lordship then defined the crimes of murder and man- laughter. The matter of malice .vas then discussed. To consu me muraer, premeditation or intention must exist prior to the act. As lo the limit of such premeditation, long op short in oint of time, no' limit eon hi be placed. Ill Lordship then proceeded o review certain points of the vidence leading P to the shooi ng of Donald, It was up io the iry to dcifirnUne whether or, not the accused i was o blame foe Uic occurrence.?- T it jury ColibL ac cept or reject hqr sdory injlolo " I'nru inhujgfiniu ,onio fialion I lie probability of the iory or any prejudice or bias iiat infill ixJst on the part of .'r or any olhr witness. Other Means Available His Lordship suggested that some means might have been adopted to remove deceased from ihe house other than by threat ening with a gun. A person who lad been received into a house iV a peaceful manner could not be driven out, 'under ordinary circumstances, nt tho point of a revolver. Aiming of a revolver even if unloaded, swas punish able, ilic endeavor of the au thorities was to curtail and de stroy the use of such arms as far as poaswie. In determining self-defence His Lordship pointed out that only such power or instruments a would prove effective and no more could be employed in sav ing ones own life. Il was for the jury to decide if tho use of an automate revolver was neces stlaled in Ibis case. re all other means of relreal for ac cuscd exhausted? His Lordship then dealt with the question of misadventure or accident when, a person without negligence lir intention unfortunately killed another while in the commission of a lawful act. Here again came In Ihe point as to whelhcror not the posseaslon WANTED.- irJ or woman to iv hcht housework in family of. three. v rile stating wages expected to Mrs. (Ir. 11. S. Trefry, Anyox. H.ft WANTKD Experienced saleswoman for Ladies' llea.ly-lo-weor. wTile giving partietK far of experience to Itox 30rt, Daily News office. Ill WOMAN Wants Work, of any Kind; cooking prefer rod, Pone IDack .'71. 138 YOUXO Man wants work, any kind: 35c an hour. I'hoiu I Hack :w. S.MAIIT SALESLADY Wanted.- Must be tall. Apply II.C. Kur Co. FOR SALE Oil QUICK SALE. 2H fott speed boat, Winton sit en-1( glne;; in No. I order. Cha-Mn Sedmark. agent, liow Hay FOR SALE. Five roomed-mod- -crn bungalow and two lot:-. cloe in. 2Gno.Oi1 on terms. Apply T. MeClyniont V FOIl SALE. Motor boat elosei; also jump spark Wiiard magneto. Phone 57.J. Ft Ml SALE. Wicker baby cnr riage. Phone Red 217. v 137 FOIl SALEtlahin al Salt Lakf. Apply S. K. Parker. 138 TO RENT OH RENT. Larsen building ai 171 Third Avenue East; sir room modern flat witb bath- roonV and workshop preinDc on street Ifoor. Apply Hyde Transfer, I3J) Second Avenue FOR RENT. Two first class modern flats.; Monarch ranges, water paid; one furnKlicd. Westenhaver Urns. FOR RENT. Two modern bouses, one furnished. Appiy 315 Fourth Avenue East. t- TJRNISIIED Housekeeping Room lo rent by tho day, week or month. Phone Red 607. tf rOR RENT.sFurnUhcd house. keeping )u.lte Mussallen Apartments. Phone 18. tf ii.ai mr neni. l ive rooms with bath; Sixlh Avenue Ws: Phone 5t3 or Hlack 3'J.V if FOR RENT. Four room suite hot water heated, Apply Smil. it Mallet. ..-- .. . . m.'- ri..iw.- uir iieni ai (mi Per month and up. Walker's Musi, filore. HOIIEILN FLAT for Rent. Apply Max lleiinrorier MISCELLANEOUS SUMMER Camp, .at f.aU kalhly, opens June 20. For narticn. lar ni.ply Mrs. K. E. llirnle, ' 5 111 - I. r Diuiiiivrs, ii.u. of the revolver was Justified. The chafge was concluded with the admonition to the Jury lhat it should nKike; decision in uus inallejr l would In deal ing wiin a prohlem. or rveryday me. . i ne accuseit was entitled lo any reasonable doubt sueh, nn Houiii coniror or direct u,0 movements of Huv juryman In every uay me Put pot 8U14 rlnnlil aa inL.I.I I. r. nielli JH- COIIJUriNi Up lo escape one duly or for a.riy r reason. The, jury then retired nt 1.30 Advertise In the pally News, Articles Loit and Found, Ac PATENT ATTORNEYS FETJIERSTOMIAUOII A CO.r the old established firm. Patents ami irauemarK in an coun- . . I l - L- I t.t.t t .oc. rrre wuhpi, lanooi- cr office tlllK Rogers llulld Ing. Phone Seymour 3796 Manager, Ernest E. Carvei. registered attorney. Other, offices. Ottawa, Wllpgto!i an prinv'ioal eilies. OOARD AND ROOM. HOARD. Tho Inlander. H31 Second Avenue. Phone 137 HOARD, Hooms and Furnishedi Suites. Palmer House. II AUTOMOBILES Now, You Can Buy a CHEVROLET at a Lower Price ' than ever before. Almost simultaneous with Uie nnotuuement by Chevrolet .Motor 'nnipany of Canada Limited of Improved Chevrolet a I It MATER ClIP.VItOLET than r bofore we an able In an nounce THE LOWEST tMIICES in Chevrolet history. These new prie, combined with the many nrw improve ments, establish more flrmlt ban evr before Chevrolet' leadership in value among hi priced cars. Tbe Improved Chevrolet offers everything you eould desire, smart appearance, eomfor' . smoothness, power and tlu ul-most dpndahlhty. Tbe pre.'em pries and low time tiaymenU bring one of tlx idx Chevrolet iimmIcIs within ey reaeb of your nocketbook. KAIEN QARAQE Phone 55. Wrecking Service Day and Nlg'n Prices of tioth New and Ouar- aniee.i i ,d FORD CARS are now at n new lw level. The National Time Pnynienl Plan enables anyone with a reasonable income to affort Ihe comfort and eonveiilrnco a ojr afford. Ask 8. E. PARKER, LTD. Dealers 219 Second Avenue. TAXI Phone 87 Taxi (Call lieorife, Paul or Ousl) Six and Seven Passeneer Stnde bakers at your (fisposal any lime. ROSS BROS. POOL ROOM Meeker Block. Across from Empress Hotel. FURNITURE. New and Secondhand Furniture Store. Wo Huy. Sell and Ex- cbango 'New and Secondhand Ooods. QEO..PAPADOPULOS 830 Third Ave. t'hone Mf GOOD EATS CAFE, Third Avenue s OpposKo Ilenson's Studio. OOOD MEALS. OOOD CAKES Coffee or Tea Served. REAL HOME COOKED MEALS, Mrs. linger, Proprietress. Phone (153. WOOD. Dry Mixed Wood n.no a load. Dry Fir Wood t1.50 a load. Cut to any length, Klndllno, t7.00 n load. Fir Furnace Wood 7.00 a load. A. ISAACSON I'bone Ulack 401. Seal Cove, anus KAVIOA N.sTT"r0Ttt,to , ... - I tMfnM l . . . Ilui T ut ui MIMttn , lu I In- Ilw Uirn ii. . ci i Mrt in ii. Imj ...... Ut 1 Sll !,.) i VVMI 111 Hi' is ilw Mia i-t. '. urruw . r. i V Ui . -4 (S Ilw Mli.i. , Mwiiii.ii i L MtlllMI '. v ltUf-t. hi : , m to it. i AM u. , llMl nt .... ,.. ori Mtfei.. ., Ml ... . . .. 1 I V lo lk . .'3 UmI' Dk IN,. l mw nib dn ! wra sonct TAIE Um. A ... Ir i. .... UmMHV u. lit '4 ... 1 'Hwim iu. i. r, dmm mu. s iir)fit i. -,. n M Huhw -tmr ut ., i , - I ai r ., Mm tbr Vk n i htn . u eil J n 'i- . f ktfL if 4 t-vUftib a . k - 'Vir Kit - & a U Wl-. . r iu tt h.. VI ef iV Ui watis sent DlttM-M v So. 4.Hft.ti. nurr, mill ! ( ml i- kix.an hi ii l T'Mi IU . Ur I: n t I II V i itx) f-M ii--tmi tmr IM tlwOr- . sf Ilw I Ilk U II IMl B..-MtorHiW M ' lierorltr -i nrsi nii. . I runi or mi. h'llll.l. LAO ACT. IBM 1 In 0i-m rdmc lii.ii tut list I', " SkMIlr ll'lf' IJItrra t lurl ' r TAkt M'H ' N'kMt ' " UMu WrlJf4ll.-" ' Un'liST fun -u -J NIlrrl llM-rly it.i -' M(t MN-f "' Ut Um in.r'k. thrt ' tfl flMl'll' ilw llnr i.r ' ' t ntttfr m k"- txtlnl rf r.SMIir-' It tt. I""' khitisii ivi;ki nM amti NOTICE TO CSIMTf In lw Mill" ' "I . . In Ilw JUIIrr f MMI. I"' f . Till Villi. K -J smminii l JiiH' - ' lilc of mine t n Vtdini. iliint iif any, Tiin ' nn)lrrin.il ll ' V ... . rniin ftlf f1'' Mih lllilrl.lrd u Uik vuiftll - . , -. It . . II IIATiy on- r- .uii a. " vtZr iiQuo" a mmUamI Ion nvitc rr M IHm lih iliV of t;:n ummi ror niisMB iinisir . i. luarrw-.j rot- . i.i I. .u i "nr; ,Vf Tiring '"V' for rmiMiiiipil ftrk '" APPLICATION . .. i..w)f 1 irn.l liillln "PI?: "L.ulliiW' , MiirINMn " - fiapli P' nn ' pi if !