PAGi roun Unheard of Values tbe Assise which is .engaged today in the hearing of the unlawful assembly ease from Anyox in which the accused are Kenneth Montgomery, Giovanni Sanvide, Angus Mc-Iror and Joseph Sar'ich. Argument of Counsel In hte argument before the Jury in the bawson case L. Sr McOUl, crown prosecutor, touched upon what he termed the "more salient circumstances" as presented in the evidence. He dealt with the removal of goods uuu from nun the urc house uvusc to w the uic Kr- gar- in Ladies Fine Shoes Leckics' Shoes, guaranteed to wear and at new low prices ai-viui-nuu uui nau Deen aenoer- ately planned and carried out by none else than the accused. J. T. Harvey, defence counsel. contended that there was nothing In the circumstances as adduced by the crown to point to the guilt of accused. To the contrary, they clearly suggested that the fire wasl. accidental rather than having been caused by incendiary Intent on the part of accused. The removal of the goods from the house, defence counsel submitted, had been satLt- I . . . 1 age and woodshed. rThe most strik- p". tag circumstance" Of the case, he Lreas0.n couW accused have to contended, was the nature of these goods. The prosecutor stressed the fact that subsequent to 7:45 pjn. the accused had been proved to have been in the immediate vicinity of tbe-Jiouse, his wife having been seen standing in the lane back of the house, Movements and remarks of the accused at the time of the fire were described by Mr. McOUl as "peculiar." Reference was made to the locking of the house so securely by the accused and the breaking of windows by him during the incipient stages of the fire. Accused had said in his own statement that he had lost the key to the front RECEPTION For information on this Phone Blue 320 or visit our shop and let us demonstrate the possibilities of shortwave u-ceptlon all day long. Investigate this fully and get the most out of your radio this summer. LOOK FOR THE TOWER superior Radio Service 326 Second Avenue Plione Blue 320 P. O. Rox 132 A. O. DARTLETT C I. IN8ULANDER M burning down the house of his pari ents which wj'alsojhls own horned It was obvious hat'the accused's Summer Is Here ! Now Is The Time to Buy Your Tennis & Outing Shoes A Complete Kange to Choose From Such as Life Buoy, Miners, Goodrich, Fleet Foot. AT FACTORY PRICES AH Shoes 35 Percent Lower Than anywhere else in town. We have bought right so we arc able to sell right. Specials Misses' & Children s Running Shoes 69c 79c Boys', and Youth's Running Boots 89c & 99c Men's Running Boots and Shoes 99ct0S1.49 Men's Solid Leather Work Boots Si 82.25 tt S4.95 Women's Tennis Shoes 95c to $1.15 Fishermen's Rubber Boots and other Footwear Cut Rate Shoe Store Ylaucnn Ic Am nit fori dr f the h0USC aUhouSh hc still j had set fire to the house. To convict 1dWoUIl lo ntljUlllCU had the key to the garage. Had not the jury must be satisfied that the (Continued from Page 1 r I accused directly benefitted from the I eviaencc was consistent wun.guut fire through the payment of the, and inconsistent with any other ra- I j.ut i A. . ..I t ion a I mvrwlnftJAti Yf (ka inm ham - KfttTa time urut vu ui swier uy mc insurance? against!'" prosecutor submitted WW. K u " Aher charge of arson h The were U , exclu- P" conclusion Dawson as an outcome of the burn-1 "J in. f no in RrnHh-r. J"1 th Jy could arrive at waslve Judges of the facts. It was not that the fire could not have been two yean ago will be heard later In necessary for the crown to prove motive, but the jury should consider the presence or absence of motive In reviewing the evidence. His Lordship a&ed the jury' If it were reasonable to infer that accused, being penniless, should bufc himself and family ' out of a free bouse and home. Assuming accused were guilty.' hjp had qprtalnly, shown lack of cpmfnon senfee in covering up his t'racts wben - he could expect $iat there vould be an inquiry. There was notevidedce of conspiracy in- I'vohdn accused, his wife and mo ther and father. There were no signs of incendiarism such as gasoline or coal oil. Mere opportunity did not prove ollt. Unless the Jury could honestly say that the facts of the parents had not benefitted from the were consistent with guilt and fire but hat rather lostAieavtly. inconsistent with anything else, it was it reasonable, after an, to sug gest that acSUsed would burn down the house an put his aged parents out in the told merely to debt? He asked the' Jury to 60 carefully If there wa anything accused had done previous or subse quent to the fire was Its duty to acquit The Jury retired at 4:45 pjn and returned to the courtroom with its verdict of acquittal about fifteen tmlrfutea later. Harrv D Johnson wall known to point to his j . .v.. n.. guilt. As a matter of fact the National Railways at 3ml- crowns evidence did not allow anyjthers U here as one of the wit-margin of time for accused to get nesses at the session of the 8u-In and set the place on fire. Ac- preme Court Assises, being accom-cused himself had certainly not panted by Mrs. Johnson A former benefitted having had no Interest resident of Prince Rupert. Mr in either the house or the insur-1 Johnson notes a great ltnprove-ance There was nothing to show , nvent in the general appearance of that the fire had been laid but there ' the city since he was last were plenty of circumstances sug-' here a few years ago He formerly gesting that the fire might have ran out of Prince Rupert and re-been accidental. The circumstances calls that it was twenty-two year: were as consistent with Innocence ago on May 34 that he first landed u with guilt and there was nothing to show that accused had commlt-'f an offense. Judge's Charge Hi.s Lordship gave the definition f ur .-.un as "wilfully setting fire." It wa ., up to the crown to adduce sufficient evidence to make Is necessary for accused to explain the circumstances. The burden of proof rested upon the crown and that proof must be beyond a reasonable doubt. This was a case of circumstantial evidence, no direct evidence ; having been adduced that accused In this city. COAL! COAL! Our Famous Ed son, Alberta and Bulkley Valley Coals are guaranteed to give satisfaction. Try a ton of No. 1 Bulkley Valley We also sell Timothy Hay. Wheat Oats and Barley. Prince Kupcrt Feed Co. 58 Phones SIS "TILUE THE TOILER" yS. THIS OS M1k dCMfci - OVt . yOWrlB THitoOIKtO My 0A OVCU TWr3 Pius bscAute TvtiMk mh MOCOOUJAU J OOIWCJ TD OtWB Ml? ik PCRP&CT CUNOlViOM MOW THANK tor I 1 IT ZFA nn daily imwB Monday, Mm i.. RADIO FOR HOSPITAL Successful Concert Tour Hy Mrs. Gordon Jolliffe of (Juccn Charlotte QUEEN CHARLOTTE CITY, May 0: On Saturday last Mr. and Mrs. Oordon II. Jolliffe of Queen Charlotte City entertained member and ' friends of the concert party which lecently made such a successful tour of t !a i.slands at a party held in the McKt n.le Hotel at Queen Charlotte Cl.v kindly loaned for the occasion by Mr. and Mrs. R. O. Mc-Kenzie. The evening was spent In games and dancing which were followed by a delwious supper. During the course of the evening Mr. Jollille made a report which showed nut their efforts to secure funds for .i radio to be Installed In the hospital had met with success and he wished, on ochalf of Mrs. Jolliffe. to thank those who helped in any way to effect such a successful conclusion. Dr. Clutter spoke suitably on behalf of the hospital board, mentioning the appreciation of the Interest which had been shown In the hospital Philharmonic Society Pays Hospital Visit The concert party of the Prince Rupert Philharmonic 8odety, under the direction of H. N. Drocklesby. visited the Prime Rupert Oeneral Hospital yesterday afternoon and rendered a program of vocal music which proved delightful to hospital staff and patients alike. The pVogram consisted of the choral numbers "Were You There?." "Steal Away" and "Eriskay Love Lilt;" The Snow." ladles' chorus. with double violin obligate by Miss Nellie Lawrence and Bert Cameron. and solo Lead Kindly Light" by Dr. R. O. Large. Charles V. Dalagno was accom panist Pastor Leads in Preventing: Sale Sick Man's Farm FERGUS FALLS. Minn . May 8 A local pastor led three hundred fanners tn preventing foreclosure sale of a farm belonging to a man who Is 111 in bed. Former Prince Of Sweden Has Become Father 8TOCKHOLM. 8weden. May 8-Mrs. Kartn Dernadotte. wife of the former Prince Lennart of Sweden gave birth to a daughter at the end of the week. Cost of Living Moving Upvards General Advance In Retail Prices Reported by Major Cities of United States NEW YORK. May 8 The cost of living Is going up. a general advance In retail prices being reported from major cities of the "HALFNAKED TRUTH" HERE Modern Ilallyhoo Dramatized in Picture Featuring Lee Tracy and Lupe Vrlei A lively comedy-drama that exposes the ballyhoo racket and which is alive with personality, "The Half Naked Truth," paralleling seme of the real-life exploits of the late Harry Relchenbach, who Is conceded to hart been the most spec tacular press ajent Broadway has ever known, oomes to the Capitol Theatre here as the first of the week feature offering. Lee Tracy takes the part of the press agent while Lupe Vpjes plays opposite htm as the dancing girl whd became famous through high pressure publicity. Between the two an Interest-Inn romance develops. Supporting Tracy and Miss Veles In "The Half Naked Truth' are such popular screen actors as Kugene Pallette. Prank Morgan. Shirley Chambers. Mary Mason and Robert McKenxle. District News REMO The snow Is now all gone hare ex cept In the shady places and the farmers will be commencing spring work tn s few days. There was about five feet of snow hare this winter. Strawberries casae toteogh the winter well. &enb$dy has a lot and what the farmers need is a good market this This settlement Is steadily growing. The school has been In operation about fifteen months and now the ferry U being repaired and Is expected to be launched this week. Advertise in tne Dally News JBiBisiftfainavBitBrxffing We Are Here For Your Convenience Drop in at our Confectionery next time you are down town for Coffee and Tea, Ice Cream. Fruits and All Varieties of Candies and Chocolates, Milk and Cream We will appreciate s visit from you iny time and remember we are open from 8 ajn till midnight OUR STOCK IS FRESH AND COMPLETE MUSSALLEM'S CONFECTION BUY & DELICATESSEN MTiraisiii vnnstaiivaiii-s RENT A Radio, Sewing Machine, Typewriter McRAE HROS., LTD. Mac Quickly Changes His Mind MONDAY Si TUESDAY TWO SHOWS 7 Si 9 p.m. Feature Starts 7:40 19:40 Admission 15c 4c SOc On the morning of the third he drove up the road toward the smelter when he met two crowds of excited men Sanvide being among them. Some of them wore miners' helmets but the only weapon he noticed was a piece of hose pipe sticking out of a man's coat. In the crowd one man looked at him and remarked. "This is the finish now." Cross-examined by Oordon Orant. Mr. Maxwell admitted that many of the employees had been with the company for years. It was usually an orderly town. The men had made complaints snd asked for redress which had been refused. He did not know the strike was coming It was not called until January 38. The list of grievances was presented January 90. He knw sartefa and Mc-Ivor and that they were prominent on the strike committee. The company had asked the men for time to close down the smelter snd this was granted. The company officials had asked that special maintenance work be allowed to proceed. He thought police were nereaaary He had heard that an outside agitator had bean In town trying to organise a anion. He knew the company had a list of names of men considered "tmdeslr-able" 'and Included In the list was Mclvor and he believed 8a rich. The company was trying to keep running with the money available. They had told the men they wort operating st s loss and the need of taking a reduction. They were tak-ins a chance on aetllnc the copper At the time It was eostmg more to nmdure than It was worth. He thoueht intimidation was the par-nose of the men coming down from the mine. Other tVllne Ralph Lucius Healy. in charge af the Hidden Creek mine. Identified the five accused as workmen under htm. He saw a crowd of between four snd five hundred men going down the road toward the beach on the morning of February 3. It was dark bat he could see the urease slon by means of the electric lights on the road. Roland Oals. who worked at the toolroom, being In charge of the tools for the plant, was stopped, be said, by a mob of men while near the measroom fnroute to work They were very hostile and one spat tn bis face. Witness, becoming afraid, turned around and went home, dale Mid that he was called a "scab." He ould Identify none of the five men. Under cross-examination. Oale said hat he had a "pretty good Job" although there were "better Jobs." He idmitted that he was ambitious and wished to please his employers. No joe struck him. Charles John Doherty. a foreman, found the road near the measroom completely blocked with a crowd of WO to 500 men as he came from work. He identified Sartch and Jur-tevich as being In the crowd which ippeared to be hostile. The men had trtlelea tn their hands, one having what appeared to be a piece of hose. 8a rich told witness It was no use trying to get through the crowd. He saw no one hurt or struck. Richard Deeth, repair gang foreman, told of first being allowed to past through the crowd and later Wfdnnda, i4 COMEDY - ROMANCE - DANCINq fl ail "KONGO' "TUP LI A I r XT A VTT rnrx inL nLr niLU 1KUTH Will. I I1I' VH l' ircrnim. . ...... iivi A Iladio plclnr. A Mlllion-Laujh-Power Romance In the World of r Comedy Comedy-".! "JITTERS. ITTERS, THE THE HI IllTLtn Tin, Travel-'MOSCOW" SonU CASES OK FIVE MINERS O.N UNLAWFUL ASSEMBLY CHARGES ARE GOING ON (Continued from Page 1 CIIAUr WANT WAR v I'rrnrh Hm.1.. . i . .... Itcdutllen i ln,M - LI1 , PARIS, May 8 ,s. Be ranger revr.iin 1,, the rtench buiK, that Prancr ,u.' percent redurtio!. : !:. W the United But. QUEBEC HAS HEAVY QUOKC. pq have ixt-r against floi- m Quebec prove., hour rain M . Auto Shares in 1 .nirnm NKW TURK M 1 . shares led 'h- v. market inu n the year at the turnover r .r ound four n! Canadian Pacific 1 It H 1 fnin rip A va r JUllllllgdniCLU Montreal m. earriirtts or uip ( . , 1 1 . . . . , IWK.I) iui nil ' n, 10 wrrr 2W. r. Mlt.nO0 SS dmi.t: ' same period Uit v . nouncrri Rev Wil'Hm M K' Church rlrrtyrtwn .' n lotte CU bro .t by s R':sl i'!:ui. 1 seaplane m si' irn. trtnce Rupert o m an operation T!i 11 am from : (Hi Its return '!: !' two pUnrs whii Queen Cluiriu!'. mappluK work being stopp-i " work The nv ii swearing and n. in foreign tout ! James B Mm) frey told f arm khe procession nine moving Phey Were ram-i handv Murdo 1 these wa a p" inches long. Tl ing clot hi s i. hem were wean: At I o'clock ourncd until nen continulr : The Jury con : hum. O. A E Keiiwn DuriiI'1 Vance, Frank I1' B. J. Bacon H"! ' gar, John M 1 htif. Robert ( foreman. -By Westover, Uim-THM, TILUtG ViP -THAT'S THtl NlJUp-. CAXUTtI PUTttlBU ' " . . I I L . J i w i'T'i IVTll,". t'MA L 0visj i - t TuiT rhfA hig vi n ' BB a Awv if a oaivi 1 yti ' Ue : f .