PAGE FOUR THE DAILY NEWS UV.l,, SANKEY FENCE -MURDER NOW GOINfi TRIAL ON DE IN BRINGING UP FATHER By George McMai THE ASSIZE COURT. BUT-JlCCS-tfou DoM-rLivrnKj T (continued from page one) IP'VOU'REGOInJ NEED MY BOY to mm -my IMTO BOUTICS FoALOEKtMAN BOY 13 JUT just i i -ro tour n i i . . " -U I -.. . ri yv't.Krwri-i i - -ii ii npuMbno r- r . -- twice on the Sunday afternoon. May 24 I KNOW YOU THE TYPE VAILU MAKE (he's YOU WANT' He waa wearing a khaki shirt, his blue V "k- i i v n a . lit n. a vs m x ij i & rz aa a u- Ar in r i mii rr jc at i r rt' M OY AM i boy! i nice x trousers seemed to have mud on both ALDER.MAM jtos v uosctwo M: wrrw mss h. legs but his black shoes were clean. Un J .ik. 7 -i qoys j r:r . i kkhot i.rouR ,lar-croi-exaalaaUin, it came out that Waj'rte,ii,S't6 I the times on the afternoon he had se-n ac ' cused. He did not notice the condition of his trousers the first time. lKi:XK TIIK XK12IT ItKl OUK Frank Qllhooly. a white fisherman! told of finding accusfd leaning against a rail outside the dance hall in the night of May 23. He had sat with him previously in the dance and accused, bo ing very much under the influence of liquor, failed In an atttempt to dance. After having seen the plight of accused outside witness testified that he assisted him to his home and placed him on his (accused's) bunk. Witness' description of accused's clothing was similar to that of previous witnesses only he testified positively that accused was wearing a vest. The clothes were in good condition and he noticed nothing out of the ordinary with them. Under cross-examination, witness admitted there might have been mud on accused's trousers without him seeing it He had not allowed accused to fall to the ground -while taking him home. In answer to a suggestion by Mr. Patmore. witness said he himself never drank. His inability to dance was due to the fact that he. had never learned to dance James Gray, whose evidence was also Interpreted, told of the meeting on the morning of May 24 with John and Joe Sankey also of the walk to the old river boat Inlander. On the way out they heard the Japanese say that the body had been found. One of Joe's remarks during the walk was "I wonder what the girl was doing in such a lonely place." Till: JAPANESE HARDER Sam Shlmada, Japanese barber, gave his evidence through the Vancouver Interpreter. T. Magao, and, stating that he was a Buddhist in religious belief, was affirmed Instead of being sworn by The Book. He was one of those who had Joined the search for the missing school teacher but his efforts had been unsuccessful. On the morning of Monday he saw the body as it was guarded by three watchmen and he took the news back to town of Its having been found. Witness had remarked to the crowd at Cunningham's corner: "It Is rather funny that only yesterday we covered this particular spot In our search and did not find the body that has now been found there." Under cross-examination, witness admitted that he had not searched over the exact spot. . ..",x,,!xo" T,IE HODY Chles A. Moore, canrier bookkeeper, told of the search in which he had participated and which resulted in his finding the body about o'clock on the morning of May 24 off the old mill road. The body was lying face downward and there were no signs ox life. The clothes were disarranged. He covered the body over with skunk cabbage leaves and that afternoon turned It over to the police. The body was not touched between the time he had found It and the time the police arrived. A picture of the body at the spot it was found and also of a point nearby where the discovery of blood indicated there had been a struggle wri iovn by witness. Dr. L. W. Kergln gave evidence of the post-mortem he had performed at 11 o'clock on the night of May 24 In the presence of Dr. J. A. West who had taken samples of blood. Deceased was 6 ft., 514 Inches In height, her - weight was approximately 140 pounds and she was 21 years of age. He saw the dead body where it was found but only made cursory observations at that time. The post-mortem that had been performed after the remains were brought to the city established that there , was a horizontal wound about l'i Inches in length on the left temple with blood oozing therefrom, a large swelling over the left cheek bone about three Inches In diameter, scratches on both eyelids, fractured nose with blood oozing, ragged fractures of both lower and upper Jaws the fracture of the latter extending to the left eye, marks as from human nails on both sides of the chin, extensive bruses on the neck, broken hyoid bone in the neck, depressed right lung with blood in the cavjty, contracted heart, ruptured liver and various dlscoloratlons of the skin. The mouth and throat was plugged down to the Adam's Apple with moss and there was moss In the windpipe. There were no Indications of criminal assault. The abrased throat might have been caused by the grasp of the hand of the person committing the assault but It would require a terrific Impact with some heavy weapon to fracture the Jaws. The rupture of the liver might have been caused by a heavy blow or the pressure of a knee. MH11IT IIAVi: ItKCOVIKFlf "On the whole, what might her chances of recovery have been had the mo . . not . been packed down her . .thpatf" asked jMr,. Johnson. " I'Bhe might have had a fighting chance, replied". Dr. Kergin. "What was the actual cause of death?" "The actual cause of death was suffocation through the moss being plugged down her throat" was the con. elusion of the doctor. In answer to Mr. Patmore In cross examination. Dr. Kergin testified that the girl's finger nails were unbroken but were discolored with blood Underneath and her fingers were flexed. This was possibly due to a violent struggle. Asked If he had ex: mined a cut on accused's finger, Dr, Kergin stated that " ' grr Vf M I ' Un lr ' 7 - i-- ii i c"B"",vn,' a zz I Mmu 'jiju-r'1' be had seen a small finger abrasion hlch wss not much more than a scratch. There was blood on the but ton band of accused's undershirt. This was on the afternoon of May 24 and ' he would say that the blood had been' placed there a few hours previous, and i not more than a day or so. After Dr. Kergin had left the stand. I court adjourned at 4:3 J to 7 In the' evening. IV THE EVENINO j When court resumed In the evening the room was crowded and many were j :urned away from the doors. Inspector I Spiller was called to the stand and put in evidence to the effect that Eric Pottlnger. one of the crown witnesses at the preliminary trial was now in England. The evidence of Pottlnger, who had been storekeeper at B. A. Cannery. which was read to the Jury by Mr.' Oonzales. stated that ,he had sold ac- I cused a pair of light brown Oxford ' shoes about May 15 and some shirts. At the preliminary trial Pottlnger iden- I t if led the shoes which had been pro- ! duced in court but none of the shirts i In court were those he had sold ac- 1 cused. The next witness was Sergeant Alex. I McNeill who briefly described the trip ' to Port Esslngton with Inspector Spil- ler and other officers, which resulted i In the finding of the body. He had seen accused on the afternoon of that day. May 24, and Identified variout articles of his clothing Including the undershirt with the blood stains on the button band and water soaked shoes which were covered with grit and mud. Witness told of a subsequent Investigation which resulted In the finding of deceased's barrette which was buried in five inches of mud and earth at a polntroughtly fifty feet from nucre we ixxi j was louna. The blood stain on the undershirt, witness said under cross-examination, was not large but seemed to be fairly fresh looking. INSPECTOR PPIU.EIC Inspector Spiller, with considerable detail, described the ground where the body was found and the spot some fifty feet distant under a trestle on the old trail where there was a large bloodstain. Near this latter point was a piece of 4 x 4 which was also blood stained and which witness Identified when produced in court. This beam was practically covered with fern and moss on which there was also found blood. It had been removed recently for it was bedded in moss. Further down there was found a fresh break In the underbrush and, following the break, blood was found on the skunk cabbage leaves. At the end was the spot where the body was found. Witness proceeded from the scene of the crime to the town of Port Esslngton and to the house of accused where he had Joe Sankey brought to him. He asked accused if he had seen the school teachler the day previous and his reply "No." He then ordered accused to strip and the blood stains were found on the button hand of hi undershirt. Blood stains were also found on his khaki shirt. Accused pointed to his left Index finger which was wrapped with an ordinary piece of rag. The In tpector unwound the rag and' found a smsll cut which showed red flesh. Ac cused was then placed under arrest and brought to Prince Rupert. (STATEMENT OF AC( TNK1) The next day, the Inspector testified, after repeated warnings, accused made a voluntary statement. The statement was read by witness. In the statement accused stated that on Saturday noon he quit work at B. A. Cannery and, after lying around the house for a while, he changed to his best clothes and went for a walk as far as the dance hall which he found was empty. He then went to the pool room and played pool for about an hour and set out again for the dance hall. On the way he met a Jap whom he did not know and purchased frua him a pint of Scotch whiskey for which he paid 3.75, He went on to the dance hall wheie he walked around with James Gray and drank all the liquor. Then he went back to the pool room and, after texi o'clock, returned to the dance hall and started to dance with Martha Starr but was told that he was drunk and ordered to stop dancing. Accused said, however, that although he had been drinking he could take care of him- PAIN in BLADDER Promptlr Cstsd by SANTA L MIDY Bt sur to gst th Osnuln Look for th word "MIDV" Bold by all drutguu Good taste and good health demand scund teeth and sweet breath. The use of Wrigley's chewing gum after every meal takes care of this important item of personal hygiene in a delightful, refreshing way by clearing the teeth of food particles and by helping the digestion. The result Is sweet breath that shows care for one self and consideration for others both marks of refinement. Ask for CC33 WRIG1EY5 DOMINION" CONSTAIIU: j inc ias, wunrsa oi inc evening was Dominion Constable A. J. Watklnson who had not given evidence at the preliminary trial. Watklnson stated that be had been requested by the Indian Agent to go to Port Simpson and obtain the vest from the Sankey bouse. This he had done on October 23 and on November 22 the vest was turned over to Sergenat McNeill. Under cross-examination, witness said the request to get the vest had been made few days after the preliminary trial by Mr. Patmore through the Indian Agent. The vest was produced in court and Identified by witness. It was noted that there had been a small piece cut from the Inside lap of the serge. Witness said his headquarter had been In Port Simpson for several years. He told of having seen accused engaged In playing basketball some four year ago. Mr. Patmore sought to tender through witness a sketch of Kamedaa store at ; Port Esslngton which had been mad I about week ago. Mr. Johnson objected to the plan going In unless varl-'ous writings on It were explained. At this point His Lordthlp stated I that he was doubtful It the evidence of - Watklnson was permissable. He com- self. He then went home with Frank mented on the fact that wttnM had and went to bed. obtained the vest in October and not Waking up at 8 o'clock Sunday morn- 'banded It over to the police unUl Nor- lng. accused' statement continued, he! ember 22. He also remarked on the went downtown and met a girl in front! fact that a witness called by the erown of the Japanese Ice cream parlor. He (had been drawing a plan for the de-bought two ice cream cones giving the i fense. He would have to have tb plan girl one. When she left, he had more proved to the hilt as a proper .one be-lcc cream and then walked around the fore he could allow it to go In. There block and went home at 10 o'clock. He stayed in bed until 4 20 and then got up for dinner. He walked out again and - went to church then returning home and, after having' a lunch, going to bed. He got up at 620 Monday morning and. on finding there was no work, suggested to John 8ankey and James Gray that they aid in the sesrch for the girl whom they believed was still missing. Then they were told that her body had been found and that her head was smashed up. that she had been choked and that there were, scratches on her throat. ;ot moon on siiiut At 1 o'clock that afternoon he went to work and at five minutes after one cut his finger with a handsaw. He told the foreman about It and, In shaklnB his finger, he got the blood on his undershirt. He went to Oeorze Sankev's house to get the finger wrapped and continued to work until he was sent for and arrested. Concluding the statement, which was taken down in writing by the inspector and- signed by accused, he had never done anything about the blood on his undershirt and had Just left It there as he knew the police would get after him for the murder case. The Inspector told of a further con versation with accused on the next day when he had been sent for in order to read over hi statement again, certain corrections were made. a, Another statement that had been made by accused was disclosed by Inspector Spiller. Recorded In accused' own words It said: "I been down to graveyard a lot of times last couple of week but I never been on sawmill trail. I did not lmow it there. I never been in graveyard alone. On Friday before last I saw school teacher. Felix Brown told me who she was. That was after supper. I said nothing else because I don't want to have anything to do with her." There were no further conversation with accused, the inspector stated. Cros Examination Under cross examination by Mr. Patmore a discrepancy In figures between the surveyor. Frank Rice, and witness a to the dlitanc from the place of the alleged assault to where the body wns found was. pointed out and the Inspector admitted that he might be open to correction having not made a definite measurement. Thf figure of the surveyor was 80 feet and that of the Inspector 40 or 50, Witness admitted that Rev. Mr. Pierce had mentioned to him that two men who had gone up the river against the tide past the old sawmill, and had asked him to tend hi men out to tee If they were white or Indian. Thl Incident was on the afternoon of Monday and the Inspector had hot paid much attention as he felt that Mr. Pierce would have liked to have had charge of the Investigation himself. Constable Thomas Arthur Camm told of various visits he had made to Port Esslngton for the purpose of gathering accused's belongings from his shock Various of these articles were produced In court and (entlfled by wltneis. should not hare been writing on the plan. His Lordship declared. At the suggestion of Mr. Johnson It was decided to have .witness prepare a sew and unmarked plan for presentation to the court thl morning. .MADE EXPERIMENT Witness continued to UII of an ex periment he had made to aseertain U a person sltUng at the Pierce fence could be recognized from the Sandahl house. No further evidence In regard to this experiment was taken when wit-ness slated that It had been made on a dull day whereas the morning of May 23 was bright and sunny. Xlr. Johnson objected to witness testifying to various conditions be had found at Port Esslngton after May "a. The court. Mr. Johnson declared, waa In terested only In conditions a they existed on the day In question. This stand was supported by His Lordship. Witness told of having gone to Rein-holts boat building establishment The windows were muggy and It might or might not have been possible to identify a person passing on the sidewalk. The country lying direct between the Sankey house and the hospital, witness stated, was rough muskeg covered with tries and logs similar to Prince Rupert townslte. When court adjourned at 8:45 until 10 o'clock this morning. Mr. Johnson stated that, there was, but one more wit-ties for the crown Dr. J, A. Weit. VThe Jury spent last night In the Prince Rupert Hotel under guard of the sheriff and hi deputies. (Ot'RT HEOI'ENH At the opening of court thl morning. Dominion Constable Watklnson was recalled to present a new plan of Ka-mcda's store. To clear up the evidence of Inspector Spiller with regard to the distance from the spot where It wa alleged the crime had taken place to the point where the body was found. F. p. Rice, B.C.L..S.. wss recalled and stated that the distance was 79 feet by the trail and approximately 85 feet by airline. Constable Camm was recalled to correct the numbering of onr of the exhibits. test or mono Dr. J. A. West gave a detailed account of his examination of blood stain on the clothe of the accused. He gave a great deaf of technical evidence and aumarlzed his findings to the effect that a total, of eleven positive human blood stain had been found arid lx or more negative. The blue serge coat had five po'Ulve stains and three negative, the Edge-Holding Sorvs" fast Lostf-urning , SiMONDS SAWS Guaranteed becsuMmsd from our own steel IMONO CANADA SAW CO. LTD, MONT RIAL VAMcouvrn, st.m.n.b VCHONTO I V anted For Sale For Rent - ----- - i i i DAILY NEWS CLASSIFIED ADS. a iz per word in advance. No Advertisement taken for let, than 50c WANTED MONEY for your property it what yoa want. I have the buyer if your prwe is right. O. C. Walker. APPRENTICE WANTED-verafdM Bros. -APPLY ACK.NTS WANTED BIL 274 MAN OR WOMAN TO TRAVEL AND appoint agent. Yearly guarantee 11002 (being 121 weekly average) and ecpeaae. Experience unnecessary For particulars write Wlrutea Co.. Toronto. FOR SALE FOR SALE. BIX ROOM HOUSE. FULLY modern: marine vUw. cenlmlly located: (list das condition. 13.8S000. 1 1000 00 cash, balance monthly. Sixteen room house Bear Dry Dock. tth furnace. Will sell eheap and on easy payment. . Theo. CoIUrt Umlted. WetUkt-lm Theatre Block.. tf FOR 8ALE TO CLOSE OUT AN rJJ. tat, we are authorised to sell several lota, some cornet-, harbor tlew. and on sewer. Hncea low and tern from 110.00 monthly. Enquire T. McOtymont. if FOR SAUL PLEASURE BOAT. 31 FT long by S feet beam; hj. 4., Buffalo engine: newly overhauled and painted ' Apply to r. Blmce at OoM 8toraf. 2TO FOR SALE. -- THE KINO OEOROK Hotel and Cafe, containing to room roily furnished For narUcular an- piy T. McCtymont. u FOR BALE. WHtTE ENAMEL BED three-quarter th-. and bureau Phone Blue 120. FOR SALE. 'CHEAP, HALF A TON OF old newspapers. Apply Dally News, rt FOR RENT TOR RENT OR SALE. THE LATEST improved coin operated eleetrie pianos. For terra, address Electrl Piano, care Dally New Office. FOR RENT. FURNI8HED APARTMENT on Second Avenue: four room and bath. Water paid, rhone 847. FOR RENT. MODERN UP-TO-DATE nat large airy rooms; fire pis close In. Max llellbroner. FOR HE.HT. MUST CLASS MODERN Flat; Monarch range; water paid. wettenhaver Oro. tf FOR RENT. FURNISHED HOUSE, CEN, . trail I20.00. Apply 215 Fourth Ate. fcast. FOR RENT. FURNISHED SUITS Phone 18, Mussallcm drocery. ' FURS rURS MADE TO ORDER AND RE uiuurnca. iiaw skin tanned and dressed. Mall orders promptly attended to. Mrs. F. Tarr. 231 Broadway Vancouver. trousers three positive and one neita tlve. woollen undershirt, to positive ana one negative, light opium shirr none positive, and khaki shirt, one definite and one Indefinite. On deceased' Btuntlet. which he examined, th doctor said there were positive human blood reactions while the brown oxford thoes of accused gave too reaction. The ironing of accused's trouser with a hot iron and damp cloth might have sert. ouly Interfered with testing. Dr. Wcl tald. , In croM-exaralnatlon, there wa a good deal of haggling between the doc-tor and Mr. Patmore. Witnes told of examining accused ome five day after May 23. and finding no bruise or fingerprints upon his hands or face. Qreasc w found Inside accused low hoi' and on the laces but no blood. The finding of sand or mud over the hi,i stains on the clothing indicated that It nsa got mere after the talns. Joseph Naylor, a Juryman, asked If it was possible to determine difference In me mood of race or different eronn. of people. No satlsfar'ory answer to tne question wa forthcoming j oitninu tiii; nciKM i; 1 The flrtt defence witness was Hiclnlrt Bttburt. Kameda, keeper of the .tore and lee cream parlor at Port Eailngton. He I (continued on page v) .MISCELLANEOUS MAKE MONEY AT HOME MEN AND women oau earn II to it an hour in spare time writing shownrd. Na canvassing or soliciting V instruct you and Mpely you with work. Write Uviiy The Menhennil Com-pany Lhntted, 61 Dauuon Butldlnf. Toronto. ItOAHD BOARD THE . INLANDER, 8eoocd Avenue. Phone 117. CHIHOl'KACTIC DR. R. I' r.YOI.I-MIN (IIIKOrRWTOU J Third Atrnue. Offlfe vMtt ll0 Hoaae aU . 1200 For sopoinlmefit rhone Orat Dhte BS Kenklfrwe Oteek 23 DKH.MATOI.OnV l'riAL M-KMHIIEH Itr.MOtr.lt by lateM scientific method PI KM ANKNTV (it AIUNTI HI. No need for dlsfleurtng ha4r or other blsmishe any more. Phone luaea gftj RESTAURANTS 00011 bath OA!!: Mrs. -tnrT, Pnrrtetrt- Tbtrd Avenue, Neat O. W. y. a. Omwl iletite OunaH Meals, v Phone ottok too IIULHS nuns. mnu. 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Why walk during the unpleatant winter weather? . . we have several new modelt on hand. prlcet are at a low level and easy tcrmi are available. I'HEII CAUH Two Ford Self Starter Light Dellverlet guaranteed, One Ford Truck-Snap. One Chevrolet Light eDllvery Oood mnning order. Make ut an offer. V S. E. PARKER LTD. If Mill' DEALER' " TAXI Theme CT Tu.l (Call (Jcor-. i' Six and Se- t-n J baker at your i; m.v iwu.s. I'OOI. KOXH Meeker Jl!Wk, (Actom frn. i.: MAIL SCHEDULE Ol T-fiOINo l'r the iJMt Mondays. Weonr T Vanroeter Tuesdays . moaps aatwdsy CJMt. Nov. le Dt ' To .tHIIil. 1110 Irm at., .rt ... . ' ' " ' ntlef Sued ye -, Wednesday . ,( T-FI. MmswiiiiiiiVjd Sundays . tm AU.ka rvlatt- OT. . Dec :: Ta itfM I harkii NOV. 10. Dr l t ia-I rra the Lal Tuesdays. TTi.ri ' at Irnm anenetrr Bund . . WcdBcadat . rnday O PJi, Nov t r-liem .nyei. Hue A Premier Tuesdays Fruur I fom IX Mm rwan Tueadftfe . iHm AUI4 rvitti- Kw?. it. Dec 3 i Irnm quern IhitMl'- Nr. IS. 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Princes M"'T Fnini Alnka It 'it ! Nov 10 . Prln-'e- Deo. 3-. Prlnc" W C. N. R. TRAINS I'or I lie raw-Monday. Wednrnr 11 JO a m, rrom the Hint Tuesday, Thur :dnv ' 3.30 p.m. and and 1- 1 1 1 I 1 1 ... t . i .1 1 . ' 1 :il u t I If tt If it t gum 1W1