FACE FOUR I - Til BRINGING UP FATHER " : THe. iiuLi NEW ' AHTlgfljy ricouct or scjtuo taviaoao 4tt-ifivr' r sean J iought had not been touched at all. -t a (Us lance of several teat, it was etog attempted m Induce him to cesne down. Even though the officer might be under misapprehension as to bH rkxhta. was there any right to shoot Mm down? Nor had the oCteST any right to be-laagtatr a man's house, show arms and -ock him up. countered Mr. Bird. Oou-:htsi4y the edheer and bis men were -otblag taore than treapasmrs. They to swatting aectatsd under grant la-onveaience by peevonung him from aving hi sleep for two hours and en mltuile. "Do you put being inconvenienced n a pr with killing a man?" ln-JMred the Judge Aecused might have (Wed the officer and then be would ave keen InaonvwAienced forever. Mr. Bird felt that the Indians, used s they wet to arms add practice with itch, know perfectly well what they neant to bit. Whitewash, he contended r.eant to knock tbe flashlight out e' be officer's hand and It was only 111 ortune that Williams was bit even In he baad. Mr. Bird started to rite further Mt. "Have you no regard for tlx Ulenee of the court?" demanded Hit ordsnlp There was no evidence of attemptef :lony. contended Mr. Btrrt liRCKIVLN'O IIIiHEI.r "I dor;-: kndtf wbetaer you are try-np to deceive tbe court or yourself." woke In Hla Lordship, "but let me asure you that you ure not deeetvlnr the oourt." Mr. Bird started to eite another ease 'which has not the sllcbteit applies-;on to the matter In hand" rejoined the Judge "Even If t!)-y wen- ;res Matin?, dm th?.t anv ret. -i., vhv :!. -r V anted ited rv fi w For For li ....... I J - A II .Y o eni to gc. By George M:M WcQlTl tSOi" CkA .U. PITTA TOt TO 1 P I T ANJ , UL TAKE NO . VvtLU WMtTM SCj W v J , ' NEKT APARTMfctfT I . , mEaki WHAT I J W 'H MpV . I've tooo it uomg fe - ,a0 1 ' x It'ttei aflra rc E yesH r --sg ! i 4fll A If lkri NEGLECT ie doubfleu th causa of moat of the 111 that afflict humanity. Thia Is eo self evident that it seems hardly necessary to tell you. If your eyes are giving trouble, have them attended to and at once. OP ALL absurdities in the kingdom of foolishness, surely the loss of eyesight through neglect Is the most inexcusable. DON'T lose health and efficiency through neglect Come and seel Fred Joudry Registered Optometrist and Optician Room 3 Smith lilock Phone 763 flNDIAN SUMMERYccTIN YOUR) Swill Soon be n coai fob the ) V CONE!- X COLD CRE.V J cc The Fall months are falling behind and you'll have Winter on before you know it Join the "don't worry" club today and get your bin filled right away. Our slate-free coal will give you a care-free Winter. NANAIMO - WELLINGTON COAL and AL11EKTA SOOTLESS COAL Albert & McCaffery Phones 116 and 117 "EASY" WASHING MACHINE IP Two sizes. $110 and $180 ThompsonHardware Co. Ltd. Dr. Alexander Smith Hlock Phone 575 DENTIST LINDSAY'S Cartage and Storage Phone 63 i Cartage, Warehousing, and Distributing. Team or Motor Service. Coal Sand and Gravel. We Specialize in Pinno and Furnituns Moving. ANGER, the TAILOR Fine Imported Serge and Scotch Tweed Suits made to order in our shop In Prince Rupert as low CCff A A K' wo IS as L ANGER. Cutter and Designer 223 Sixth Street UELLA COOLA INDIAN SEN- TENCKI) TO 25 .MONTHS IN l'ENITBNTIAKV SIIOOTIM. CONSTAI1LE WILLIAMS (continue from pge one) tbc gun and two in Whitewash's band Witness asked accused to unload tbe tun. which be did. giving htm the thrrr shells Wltnaat walked away and threw the shells In tbc water. He atatad that be did not touch tbe gun. Witness went hack to the cannery and told Whitewash's mother about It. Accused went further up the road and be Mood j) aaw bin by tbe aide of the road again, about fifteen feet off tbe road. He was kneeling on tbe ground with hi rifle In hi handa. holding the weapon upright from the ground and facing toward tbe road. Wltneaa did' not talk with accused on thia occasion but went right put Accused oame up with wltneaa further along the road and tbe Utter asked where be bad gone. Accused replied "Op tbe hillside." How- sver. accused could not have been up tbe hillside, witness testified. Witness said -It la no use to have trouble. You better forget trouble. Oo to bed and give me the gun." Accused did not give up the sun. however, but started to beat It away front me." lie ran toward the old village and not tn the direction of his I accused 'si bouse. Witness went up toward accused bouse and Whitewash came along In about ten minutes going toward hi house. Witness went has to tbe cannery and saw accused no more that night. "You were very courageous on that first occasion?-' laoulred air Bird in croas-esamlnatson. "Or was It Dutch courage? iou were pretty drunk at supper, .weren't your' "No." replied tbe witness Hill NOT TKIX Mr. Bird Inquired why it was that witness had not told Magistrate Hill at tbe preliminary trial about the "shoot the policeman" Incident His Lordship suggested that witness might not have been asked about every thing on that occasion. lie was asked about the whole thing." contradicted Mr. Bird. I don't think be was." replied tbe Judge. Mr. Bird continued his attempt to ring out dUcrepsBCies between evidence of witness at the preliminary and present trials. Witness denied that he bad had trouble with accused. There was a boat which be had obtained from Dan Nelson and kept far a yaar and. on not paying the required 10 for it, Nelson bad taken it back after accused bad fixed it up. The boat had been in turn sold to Whitewash by Nelson. You were very mad at Peter for that?" Inquired Mr. Bird. "I was not cues at all," replied the witness. you never said. . to Peter that von wouW get even with hta?" "Not at all." E.U'mv KE IUXLKTS The bullets witness asserted be had thrown i away were the subject of ffii- rifle, witness stated. He bad no Idea of their value. The spectators tittered when Mr. Bird Inquired If they might cost 2.2i per hundred. It was deep water they were thrown in and no attempt bad been made to recover thetn. Do you think you could find them?" questioned Mr. Bird. "No, I dont think so," replied Moody Mr. Bird asked witness if be under stood sung. DM be know that when wnitewasn used the words "shoot tbe policeman" he might have merely meant who cares for a DOllcemanV 'Did you tell anybody Shout White wash using tbe weeds 'shoot the police man? asked Mr. Bird. "No." from witness. air. Bird 'Did yeu tell anybody about Peter and the gun?" Moody "I told his mother." Whitewash, while on tbe hillside might be observed by a number of people, asserted witness. Harry Schooner and his wife and family were all looking as . matter of fact. The wbole ijrl i . 1 ,J4V wum see. Mr. Bird ridiculed witness' bravery. 'I was not afraid of him for I knew he was not after me." aatd Moody. Witness said that he was merely trying to prevent trouble or anybody com-lng to harm. J. Edward Bendle, another witness at the preliminary trial, was not called, tbe defence waiving cross-examination of him. Thi completed the case for the crown. ASKS FOB DISMISSAL Mr Bird made a motion for H' dismissal of the case by Ills Lordship -TRY A NIP BEST PROCURABLE SOT TUB A 6Uf Tbe Original Labtl loak for it at the Vendor" and iniiit on GRANTS "BEST PROCURABLE" This advertisement is not published or displayed by tbe Liquor Control Board or by the Government of British Columbia molding that there was not suScien. evidence to warrant it going to the ,ury. Subsequent argument by Mr -lira was marked with much intemip-on and correction by the Judge. Legal iiatsan after logai citation offeswd by lefenot counsel went by the board. Assuming that the crown evidence .as all true, submitted Mr. Bird, he ould say that the prisoner was per-cctly justified in all he bad done .nder the circumstances. Belerrlng to rreat wtUumt warrant. Mr. Bird UrVes) o read tbe code applying to suoh pro. edure -Please don't waste the lime of the xurt. Mr. Bird" advlaed His Lordship. Tbe arrest was only a side Issue tn the ase. What you have got to show to .-e is whether or not the officer was roperly subject to being shot down ecause be bad no warrant." It was sot a question of authority, .sorted Mr. Bird. Armed men had -eJesguered accused' bouse. Arrest vlthout warrant could only be made when there were reasonable ground or believing that' offences, and then nly of a certain nature, had beenfeom-.ittcd. There ,wa no evidence of awefc tad In this ease. There was onty tbe uggestion of a threat to shoot an officer. While agreeing to some extent with contention of defence counsel that ar-ast could not he made Wider certain -lrcumstances without warrant, tbe idae inquired again, however, if there vas Justification for hooting tbe of- lcer down. Mr. Bird replied that be could show authority. He started to read of another case. KKillT TO SHOOT HI Lordship agin Interrupted. He oiiitetl on'. :?t i;: thin esse the patty TONIGHT" - ww JUA XlgVLj, t-jl 2c per word in advance. No Advertisement takenTfor leas th, ahould he shot down?" asked His Lordship. Mr. Bird asMeltted that It wes aquea-UKi lor cenaastsslbsp whether or avotae-cuaed had used mote force Uaan the dr-cumatances aalled for. There was not a tittle of evidence to Jnetify the oAcer ;nd his men. bewwer. "That la a mettar tor the Jory so ecsa upon." corrected Mia Lordship Mr wrd neat eited the ease In the ppeal Court where Mr Justioa Mc-tulllp bad ruled in Hex vs. htanyer hat one had auuVarity to defend: Hie ult and battery, in A seree entry tn the dead of night. "Ndr dta tike men kveak in In thu sm although they Might have at-empted a berrlcade." couatered the Mr. Bird They put the accused in - poalueo of iiiii flu i ami i " Hi Lordship. Ami he had no au berlty to ahcdl them down " II MltMUVT.tl. POINT A fundamental point of juatlee. argued Mr. Bird, was that every man's home Ms his oaatle. An eeeeult on a man's uous was equivassat to an esssalt on 1 person Here three armed ato had vaulted the house of aeeusedaad bad ellkstoltly kept htm awake far two sum and ten minutes when be wished j sleep. He was justified In refxtling .hem with toree ae be had doae. Tbe nly error -was that accused had shot he oflseer'a hand. "And does the law permit of such experiments?" inquired His Lordship. "Duns the law permit a man's heme 0 be Invaded without a warrant?" was dr. Bird's re-Joteder. VI submit" continued Mr. Bird "that a thing more has been dene In thia ise than might have been expected rem a man who hod been beleaguered errortcrd and driven to an extremity. respectfully submit that the ease bould not go to the Jury." "the sepiteatkMi is refused' promptly teemed His Lordship. Mr. Bird called Peter Whitewash to ie stand tn his own defence. Oeoege elson Interpreting evidence of accused. Vhllewaah stated that be was a fisher-tan. living on the Indian Reserve at ella Coola and owning ten aerea A land. Behind Ma laud there waa till and tbe entire tea acres was fenced 11 around. Inside tbe main fence here was another fence around tbe irden at the west of tbe house. Ac-used had a gasboat and also a smaller Mat. The latter be had bought from un Nelson after the latter had taken 1 away fjom Bam Moody. Sam Moodj ranted money from iJjnT faqcuu) foi i he boat.' He refused to pay -and aftei .,u they were not friendly. Accused old of hla movements on the day in question. He bad bad breakfast with Robert Hood and .-supper at Tallheo tle latter place. During the day, he pumped out hi boat sad walked a rund he cannery, hkfing nothing to do. TAKE (U N Til IIOl h; Accused testified that he had a un in his boat and be went to thej Alii to set the weauon and uta it m ls bouse. He was going to shoot beanl which bad knocked hla fruit trees down .here waa not one else there except a iog. Nobody had beard other voices or Wm say "Oo ahead. " He went to bed at 7 o'clock. After he had been In bed some time upstairs, be heard noise. It was knocking on tbe door and be thought It wan about 10)30 o' clock, r Accused denied having been drunk at uppertime. Nobody waa drunk. When Joe Saunders came in with Constable Williams, be (accused) asked him what he wanted. He aked Constable Williams to look at hla ear Boon Williams nd Blunders departed. Accused denied saying anything about "shoot tbe 'icdlceman." : He had no Intention of noating .ne .policeman Whitewash also denied ; having ever left the road while on his way from nie ooai to nl house. The rifle was 'lung over his houlder all tbe way. Sam Moody never asked for shells and accused never gave him any. The only conversation he (accused had with Sam was when the latter naked for a armx. accused not giving him one Af. i ter that Moody went back to tbe oan- "j and d.m secured proceeded to his no ie never gning into the bush. When the alarm was raised at hla ' n.'. need iatd that he did not want " " wnnted m to sleep lTntYin nr a rt nvnvnw - mm . ANN h A Is d go away bait aoon tai lit could hear Wllllaasa' voice It waa the poi Irani in Mr Bird Had yeu suepaei the polio were after you?" Wimss "Wo." Mr. Bird: "Why did you no: come down to see Williams" "I wanted to t u sleep and I was eared to go down Tbe Judge asked sevrriU sjuaeUo ataSxf almilar linen to leh mitns anawerad he was afraid ;hr police uer.i gojag to get him. iu v scared aj. i tbodght It might be ametry else He thought It wee Williams but was not ure Mr Bird: "What did you shoot at? Witness: "I saw a man with a revolver in his right hand and a tiaahlign' n tbe other." Ur Bird: "Why did you shoot?" Witness: "I was scared at, two revolvers I saw another man with one Witness said one man tald bim t jpen the window upstajrsi. He had inly his shorn on fin: nu panu He heatd one man say "belter break th window now" He also heatd the window downstairs smash t continued on page flvei I SPORT CHAT The St. Andrew's Church Club it planning a badminton tournament on tt court in the ehurrh hall ro.-n nenclng on Derember l I'bere wn! Ik three coaanetltions m-.Va d)tible Sidles' doubles and mixed doubles Members Of other clubs are invited t enter this tournament and will be advised of dates to play off their gsines A fee of fifty cenu will be charaed lur ch couple, payable when entry i ecelved aattries mus-. be in by the last day of .November in order to arrange the draw for game Sntrle may be made at the club any night from 8 to 10 o'eloek or to the court capuin M T. Cross, or any officer of the club Tbose wishing to enter are sated to get their entries in as soon a possible Some interest in games are promlaed In the Basketball League tetught. First I foremost will be tbe match be tween tbe Orand Terminals and Native Dona which will be for first place In the Senior League, the termer now being one point ahead at tbe lattei Other games will be Kiev tor and Big four in the Intermediate League and Drill Team and High Baboo I In the Ladles. BILLIARD SCHEDULE REVISION ANNOUNCED .... - -iV , k4'i " ' Tor Itrmalixler of l'lrt IMrl ot sr.iwn It Urarraiited The following revised schedule for the remainder of the first ban of the city Billiard league M announced: NOVHMIIKK 25 Maple Leafs va. CJyro Club. 39 Orand Terminals ve Crrotto ii; i;Miti;u 2 Cold Storage vs. Orand Terminal. 6 Orotic vs. Maple Leaf, 0 -Oyro ya. Orand Terminals. 13 Orotto vs Cold Storage. Teams In tonight' flxtum will be as follows: Col. MeMerdle (Maple Leafs) vs. C Bslagno (dyro Oluh.Q . James Hamilton ve.W. J. Nelson. M. Andrews vs. Q. J?,Jfiar M. M. MtUchlan TS. O. A. Woodland. Oeorge Howe vs. Bert Morgan- AdvertUe In thi Dally New. fttvtt ve PKINCE HUPEKT TIDES .Trj(lV. mivkmiii:k ? High 3:41 a.m. 180 Low High High Low Tliey did, 14:16 pm. 31 " " :19 am. 30:95 pm- ! " MMIAY, NOVKMIllCIt Z1 3:18 am ' " 14:19 pii. 21.0 " 84 am. o " " 212 p.m IOM).Y. MIVF..MHEK 2 3:S7 a in ill M ills-25 '" :l pin n ::t -8 2a 14 p.m 4" 1 in iO; i WASTE iWajrm I casli UK i !' t cup ii., env k i-thli : . Par icu. 40 IF t t P . 11 a r a . I KJfJ Al 1. (! iiar- v i i. a '. - i : ia: 1 . I C t- FOR REN: :Slf!iCd W ' I" TOR HF' 9l:.ker M I'ir - POP g I 'II Foil m- II week ' HO' SE BATH i oe ' h a -r' in i !::' liiiW t s' A i Z"M (iinucc ft IK'S R - i-invri: in n r. 'i i. 11 fi. 1 IJt.T v 1 TWO r ,. I'lione a" " , nf1' NEW AM 'l ' !" 4 bough' I'i.i ! .... . ThlnJ Avjj; ' AM) I.'IIKNIT HF j"Y'ir H ' Cnl I on " ') i m Ci.ir pri.'-- --Tf1' ri-."n' TAXI ... ti Till ihnne v - v p VC'K- Sir and Rev-: baker a' V"'J, ''(i0l 11 A,rr,,s from the rt s of pounds I Tea, but such A word of VI tkl nuantityis-; away ; in seven -TV-