f HtlE 1W0 aLManLfj THE DAILY NEWS PRINCE RUPERT BRITISH COLUMBIA Published Every Afternoon, Except Sunday, by Prince Rupert Dally News, Limited, Third Avenue if if. F. PULLEN SUBSCRIPTION RATES City delivery, by mall or carrier, yearly period, paid In advance For lesser periods, paid In advance By mall to all parts of British Coltfmbft. the British Erflplre arfd United States, paid tn advance, per year By mall to all other countries, per year ADVERTISING RATES Transient display advertising, per inch, per insertion Classified advertising, per Insertion, per word Legal notices, each Insertion, per agate line -- - . Lwal readers, per insertion, per tme f -- Contract rates on application. Editor and Reporters' Telephone Advertising and Circulation DAILY EDITION ikiember 6f Audit Bureau of Circnlitlohs Jiiry After Over One Hour's Deliberation, Finds Men Guiltless- Continued they did not exceed a certain time, thmselves so as to cause persons In they might go on. There was no un- the neighborhood to fear on reason-lawful assembly there but merely a able grounds that they would dls-peaceable and orderly gathering, turb the peace or provoke others to At jib Stage of the proceedings do so. It was not sufficient for the hid the men anticipated or wished crown to prove, beyond a reason-trouble. An unfortunate occurrence able doubt, that the accused were hid brought them fhto court un- merely present but that they had fortunate but tanocent accused. Mr. taken part, either by word or act. to O rant submitted that the charges Incite or help riotous proceedings, were bjiUt u p u'ptro .tb flimsiest sl, In trying the case, it would be evidence arid that the men had not necessary for the Jury to treat each beeri arrested for participating m a of the men individually as to his r6 but for ha ring been leaders in participation In the incident. His the strike. They hid acted "as men Lordship pointed out. and net as cowards or criminals" Any nad a rtght undr and he asked for their acquittal. Canadian law to loin a strife tin sir. Mem The fact of whether or not the striken had Itujt grounds for com- plitrii, Mr. McGllI contended, did hot enter into the ease. The ques- suasion but illegal if there were In-(15n was: were tbeif actions of Feb- ttmidaUon. llftfy 3 Justified? lie submitted, that In this case, there were two de-the attitude of Serich at least was finite occurrences, the one at the riot (hat of a person trying to give bridge and the other at the flat, his a true picture of the occurrence. If Lordship then proceeded to deal the men were not looking for trou- with the incidents individually, blewhy were so many of them car- If the police had stopped the men rflrfg weajons and wearing safety from passing the bridge, fearing hme(l7 The only reasonable con- that if they were allowed to pass, a elusion was that they were dellb- breach of the peace might be ex-eriftely looking for trouble. Sartch, patted, they were justified. Th po-Mcfver, Montgomery and others, as lice, however, had no right to stop leaders of the armed mob. there- a party on a public highway just fore, being responsible for the ac- because It was a large one. The men. lions arising whether they were at of eentse. had no right to attack the bridge or beach. Either a de- the police but there was consider -monjtratfon of armed force was able difference of opinion as to who consicfered1 necessary or the in ten- had started the attack. There was tlon was to make trouble, neither of also difference of opinion as to which was lawful. whether the men 4at first actually Did it seem reasonable, after all. had weapons although many of (fiat the police, outnumbered as them had on helmets, fljfy were by a mo6 of armed men. His Lordship then proceeded to should wish to provoke a clash? It deal with the cases of each of the haft been actually shown that San- five men individually In regard to vl3o had kicked a police officer the evidenec attaching them to the while he was down. Jurgevich had Incidents In question, endeavored to prevent men at the As far as the Incident at the bfjfeh frbm going to work, there beach was concerned, if it was ih-wds A definite attempt to throw two tended merely as a peaceful demon -men off the bridge and, as it was, stratlon of solidarity for persuasive four officers hid Sustained Injur- purposes, it was not a breach but. its. The pohee, if they used violence, If it became a tumultuous disturbed done so to protect themselves, banc by noise, shouting, blocking As soon as they had been able to the road or Intimidation, it might rescue their comrades from the be illegal even If no one were hurt, crowd, they rrsfl withdrawn, seeing There was evidence which might that they were unable to control convince the Jury that the gather-the crowd. tng at the beach constituted a riot. AS fiff is the incident at the It was up to the Jury to consider beach was concerned, crown coun- whether the five men individually sel submitted that there haft" been were aware that the gathering in i tintultotts disturbance of the which they participated or encour-peace constituting a riot by a spit- aged might become a ridt and there tint. Shodtlng and hostile crowd s no direct evidence to this ef-filockfng up (he roadway and pre- feet. ven'tlhg riitfi front g6mg to work. As The jury retired at ja and releasers of afi uncontrollable mob, turned to the eobrtioflni at 5:45 trie five accused, of necessity, must with Its verdict of acquittal. answer ror its aetwns. iVli torcithrp Elhlnlnt the law, Ills Lordship deflnea a riot as an unlawful as- swnbiy which had betfun to disturb the peace tumultously To conistl vue an unuiwrui asn-mDiy. it wns .nvci.mii uu ijiutc um i uiot were three or tuore persons conducting Managing-Editor SO?) per week Ibi 3.00 9.00 1.40 0 if .88 Telephone -38 Wednesday, May 10, 19& from Page I) the other hand, no man had a right to prevent another from gotfig to work Picketing was legal under the law of this country If it was by per For lack of evidence, Magistrate MrClymont In city police court this morning dismissed a charge against Wong Chew of being the keeper of u gaming house at the Kwong Sun unong Grocery five alleged in mates also Jx ljULULscliarged. EVIDENCE IS JlfiARD Citizens of Smithers piye Testl-nfoiiy tn Connection Vlili Trial Of E. C. Dawson Charles Refd jptve mfoYrhrftloh at the E. 6. Dawlfeh arson trial al piemc Court here this morning In regsffti tjb financial matter of affc-euset. lib said he ha 6 been" nrifh!-ger of the Royal Bank df Cafidda fit Smlihers for 15 years and kriew accused a good deal of that time. a the time of the fire he had $14.06 to his credit at the bank. Accepted drafts were nearly due amounting to $510.54 and drafti that hSfl een returned amounted to $598.17. A farg numbW of drtfts had l&eh rttufnetl urutece'pted prior to (hat month: A number of accused's checks had been returned on account of Insufficient funds. Subsequent td the fire he hid becdme a bankrtfpt. Oiler FJestad told of refusing accused a loan of $1,000 shortly before th Hje. n. L. Gate, whose office adjoins the building that was burned down, told of the insurance. Prior to September of that year there was $3,000 on the" stock and fixtures. On September 20. Just before the fire, he tsfuet! ft peHty for $5,5XJ. lie dW this at the request of accused's father. , C. L. Warner stated he was in Dawson's store between 11 and 12 the night prior to the fire. Dawson was ofllhg the floor and witness remarked: "My Ood, Ernie, Utere s lots of oil on the floor." Mrs. Jenkins of Prince Rupert said she lived in Smithers at the time of the fire. She was returning home 'the morning of the fire about 1 o'clock and saw Dawson In the tore, apparently placing boxes on the shelves. H. D. Johnston, locomotive engineer, told of goiitg tb work about Ave minutes to five the morning of the fire. He smelted smoke and eventually noticed fire burning on the floor Inside the building. He roused Dawson who shouted for him to turn in the alarm. L. B. Warner earhe along and he showed Warner where the fire was burning and helped with the hose, after which he went to his work. Warner gave particulars of he work of fighting the fire which appeared to have broken out at several points in the building. Finally he and Percy Davidson were driven downstairs and outside by flames and smoke and the building was ultimately consumed. Percy Davidson. Smithers fire chief, aJeo described the work of fire fighting. In addition he told of having seen accused at 2:30 on the morning of the fire removing a large carton box frorri the store to a car which was backed against the front of the store. Davidson wat sttfl On the stand ehen the court adtotfrhefl for luhcheorl Notice. Itupture Sufferers!! AH Ruptures Yield To the Inflatable Air Pressure Treatment by Beasfey, the Famous British Expert Cdmpfete Comfortable Control (luaranteed Th) ureat British invention has the approval of the me-dii'iii profession everywhere. It is .icct'pu-d as standard by leading hospitals. Once t'sed Always Approved Write "neasleys" (Csnada) 544 Burrard St. Vancouver, .B..C. RENT A Radio, Sewing Machine, Typewriter AlcttAE BROS.,-LTD. lresh Milk arid Cream Daily Phone G57 THE. DAILY NEWS .l?gyty May jo FIRE 6ASE PItOCEEI)INft iiiontfnue'l'f'f rom pose on Jstjf br P. W, Afifierson. foffmaif. fi. T. ParW C. P. B.ilugfto, J. R. Mit-cfieff, O. J. Dawes W. J. Oreer. O. Y. AdJKTjfc VouifMB- Tge Baiiey. C. Hoiildsworth. William MOffatt nrftl w. II. Wright Dtfrlrlf Ui? Torming 6f the Jdrjf for this cgse Loui. Aijiadio. Ij. F. Olassey, Thomas Balllnger. J. F. Fillon. OHUa Cotltitre. O. S: Fleming. FreB MjfcLeoS arid John fiabHil were stoocl dsfde by the crowft wlflf Vf. it OcglMi, J6hh Ourlch. fern; est OJtmpftcll. Max l'lellbrfcner' aritl! Arthfir Br6bksbahk were chhlfehge"3 by the defence. Aff ifSbh fifefpt thtfse eHgaged' In the hearing of this case were ex-fused untii iilS this afternoon. In briefly ffevffwinK the eldeflcf w"hlch it was (rbpol rjfy thf crdwif to adduce. L. S McOlll. crown caffhseM. sfa'ffS thai accdI m carrying on the bu-Hlnes of a men's furnrsftmgs tke at Smfthe'rs on the ftfdhrk floor of the b&llding owned by Msasner. having hbt llv-lrik (fuafbtra abfe In the month of SepfemCel'. ffl30, he" was having ffn-anctal difftfintflf in his business and. a few" r iefofe ttff ffr. s-ftrflgVn'tkhtJi RM beefl rWe to put on colllicfWaDl adrfttfbnal inir-ance. During the night nreceding the fffe afcW h:rd UeeR seen In af d&Stil (fie ffnre at different times' w1i th stdre would 6Vdin-arll'r b fof bmttihS AbWl i t h . the of Svniher 2S th fir tifrffl sdtmffeff rfr the t6Ve s rlfflenre Were itMA to 65 6h fffe. AflhbuKfi iff ilslrrrf brouffft d WMRderable hiffttier Of people who' fotfjftt to put the fkmel dbl. fney we're ufi.iWe to do' A ai, even In the early stages, ffre im burning at seyejal different no hits ffi tbe bliRdlni Subsequently, ad-eusrtf eied fnstAanel. Evtdehe would be addueed to show, Mr. Me-9U1 stated, that, during the ntfht, John DeVoln, a broter-fn-uw of accused, had heafd Dawson makf certain remarks which would sHo that he accused! had deliberately burned down ihe burfdfng in order to collect the Insurance, ftnrftfffiesa The first witness was B F. Ressner, owner of tbeibulidlng. Daweon, witness said, had taken a le-ybar lease on the builrne In ifcl at a monthly rental of $60. In S,ptjeni-ber. 19M he was one mouth behind in his rent. There was $15oft Insurance on the bulkftng which had cost a little better than $6otf). Accused had informed wttneas that he was desirous of setltne out and had parties Interested In buying ifei Duitaing as weu as toe Business. Some months after the fire, at (h time of which witness was not ffi Smiths rs but out on riis mfrilng plo-pertr. the one month's rent leas 2i was paid over by accused's tawief who had the asstghment Bf an Insurance policy. Witness described tn some detail the nature of ihe eoristrirttJon of the frulldlng. Its sise. etc It measured 27 feet, sf? irrcnes ny a reei ana was on irsme corfttrtteifoti. Walls arid celling In the store were of pressed mesX There were two brick shlmnejjft, one going through both florfrs and the other belrlg oh a bffltkfl tip-stairs. There was a fubberdld roofj and asbestos was used IrV dfrMtln! p8ru of the balldlrfg wMrV HSd j been erected In mpiSlncewltft I the village fire regulation, f hire j were also timber fire tttpt and four air verrtt In the grMilfd floor. Under cross-exanilhatln, w(ncas said that the store was usUaiTv ve'rv tidy, btfck of the showcase usually being rubbished up while the ftlAre room to the rear was usually dirty and untidy with) a cffllectteri of rubbish including oily1 clothes, etfc. At 0 p.m. the trial was adjourned uhtil 10: jO this rhorrilng. WktKetclii'kdn Pays Off km Salaries of Civic Employees V or Comlrtg feir iff trf h vuuuiM J Ketchikan have been set as follow- for the coming yeaf : Commissioner 6f streets and coh-structlon; $173. . City clerk, municipal magUtrtite' and treasurer. $180. City assessor, $360. Chief 6f fwlice. $180. Patrolmen. $1M. Fire dhlef, $00. Flrd captdlrt, $!," Fireboatr captain, $150. . Municipal librarian ,$75. City sexton. $l$d. Softball WflttLS Mix Molli UM Start. Season's Activities In opening game of the High tk fai keln tifelnj rfQ tlrroiih Uii game bn the pirt dj t(ie sUtlneA for thYjr onfy iflfowrB the All Stars one run In the first and third innings. Due the wild playing on the part St thtif dii5hnenft. the tfffftl 0fc uthi waf the Best for the Bentliltk fdl they, hwdf thlf runs. The Aft stars. aUhtftfeh god9 at thf were weak In the field. Sentinels Lillian Vaccher cap-tuiix.'Ltal'i iiMB-DeH. tftif itah. Tona mtth, Klarjf JbhrlsM Fran-cls Vager, Kathie Me&teektn. jtteh. FMflcen snd All StarsFreda Mttsaallem. til-Uari Johnson. Betty E)ttte& .Edna Dlckehs (Captain . Lllllarf Crox- Thmlks End Future Money Worries ifft y.i.d.p MU ffJVr fifri.,rM iff.ffrriir fuinli tft uim ifl rm,-rsei.rlrs ,.f li.e Cmirc fliey twrt tfte fumre. tint WMi tr&i Iflff wflfi tWYfilftiAfe i s If III? sliliuM itYsl tic an Iniijj a tho III ine mmitlif) nr'onie. If he until to ijiilt wffk til SS or 60 'iif ,,V '" '" ,',a) A"' IM'r,, wlU ftifuti uuiiUiW ff lift. HlnAiiiufi if UfrlF i jnfifrTlft fyrt ff Ujlimit iltf Lif IfftflM.rA. flliff TIhVligfrlifii! A,lfe friViVWiicc rrirrrtiiaifvr vrftl MijrjM a' pUn lo tYT ffffi presfiu.if.Wnff-rrft,! fir fitiitrY tf(tihttntXh Lit e U A HfJ I A N FOOTBALL LINKUP The team to represent the R fnent in the opening Ollhuijr tff football game against the Catia Legion on Thursday everting tH: as follows: Ted SnsJth; Cf. UliSc J. areer: Phil EagetrtnbbT'a: Hill and 0, WJfllin; R, Wicjts, . Col-usil, D. Cliruitison. A. Davles and D. Oomea; reserves: S. Vellch. F. The Canadian Legion Une-up will be as follo""wi: Pllrce; sijfn an Watson: Outer, g. Currff arta T. Huddon: Battle. 3. k. Murray, W. Stewart. A. Hornd tlha' 3. Comadfha. Baseball Scores bafjladran Prhi) .VatfWt f eac'Se Plibfrf 0. Ikirftofi 7. Ameriran League WsiMntiorl 1. St. Loo 3. SSBMaiaBBaMaBSMBBBasasBBIBBMSHBSIBBlBBaiBHBWBBBHaBS ford. Thelma Davis. Itftb bretn. Cathie FmlaysoTt. Vemfltt Felro, Gertrude Turgeon. Umpire Miss , Delsniy. B4at umpire -Muafrll ifb&t. Reporieri-Alice ifsULcfg and Bmilie 8kalUbot to Life Insurance Titty have a safe plciU fo 0)ktbU3 506,6c0 OAMADIAM HOMES tffimi&lik t Vn.fiin fl.m.e.", Lift fniurihre offer. flnftT fVoUrllftr. Iff Lf a mllll.n fumllir TWf f.ii.ll'lr'i .re ln.ufl fh'r nrntfinkfr; II.tWJl.WKI.OOO. f insurance Of C XN A b f A N BASEBALL th . . ELECTION Iti J; Collisbit ;Nsmeo .mk, , Terra re an A 11 v ' tary TAC,r:. May 16 Tl untlu , rneetlna of the Terra,-, b..k ' ectedffcthe-yeufwefr. H f(,,It. " Rnt. R. J. CdU)-.-: le-l'rWrtrfit. i iu,.u! rv-tre&inrir r v ffwg Is ihe desire of the riUh -n Sffi"""""""'" he affair f uie im,u,,. ...ju. A eoiamltu-e w .,i ,t, ta look SMr ihji w.,.. . . . WUfllm SchrunV re ti., ami JP"JT .W. trip :n vsneajSYfr. retbrned t., th, nlr the VtHi fJMtrge this rriiifdu mptjft farce HOMB5 1 !