HomeMy WebLinkAboutThe Signal, 1914-7-23, Page 6idommno
• Tani SWAT. JOLT El, 1914
TSS RWNA!? OODIR}OH ONTARIO
I Hut'
Conspiracy Charge ... •.. •� aa. -�•
..statm.s$ tar ih. toll.wta$ mseal.S.
1a sb. moindieg Member .a... and W.
doceoc slats e al. tea dollars.
hi. only .i$a.alia: of this being haat
he told Hunter be was aot haying vett...
but wished hem w work ►fid canvass for
him." Now that Is ars far as I am ad-
mitting.
Mr. Seager -Then I will call the
witness.
Mr. Cameron -I don't see what the
dispute i.. You are both willing this
should go in.
Mr. Kreger -My learned friend says
he will adtnit certain things and then he,
nays he Iao't going to do it. The best
way is to call the witness.
Mr. Cameron -Well, read what you
weal W go in. From here down. Mark
It.
Mr. Seager --That is what 1 read be-
fore.
Mr. Mak nor Ile adds romething every
time.
Mr. $eager,"1)r. Macklin, not content
do wait for the evidence In the bribery
charges against himself and Reverend
Josepb Elliott which will be given in the
police court, Goderlch, on Wednesday
of this week, opened) his address by pre -
seating his version of. the matter to 110
terdlence." That part Is not Important.
Thin In the part : "In doing so he ad-
mitted that he gave Mr. J. B. Hunter
ten dollen'. He first remarked that be
tried to canvass Hunter himself two
weeks before, and had then sent Kr.
Elliott to him. It seems that Mr.
Elliott did no on Thursday evealag, and
then came to the doctor to report. At
this interview Mr. Elliott told him that
Mr. Hunter could get some votes at five
dollars and tour dollars. The doctor
told Elliott that he would ring Hunter
up. and did so. maktpg an appointment
for the following morning. In the morn-
ing Hunter case and the doctor states
he gave him ten dollars. his only ex-
planation of this being that he told
Hunter he was not buying votes but
wished him to work and canvas* for
him.
Mr. Makin - That is what I consent
to going in.
Mr. Cameron -Then it is all right now.
(Newspaper report marked exhibit 4.)
Dr. A. C. Hunter. called and sworn,
said :
To Mr. Seager :
9 -Did you interview 1)r. Macklin at
all in this matter? A-1 did not.
Ij - -You know nothing about Dr. Mack-
lin then? A -No.
Q You had an interview with Mr.
Elliott " A. -He had one with me, a
confidential Interview t may toy.
9 -What was that .' A- The inter-
view WAR confidential and 1 don't think
it should be disclosed.
9-0h there is no privilege of that
kind.
Mr. Cameron-- Is there anything In
this at all? It is an Interview in a
private house. 1 don't know what it is
myself but wouldn't it be a good thing
to have a conversation with the doctor :'
Mr. Seager -Probably it would be as
well. I don't know what It is either.
Mr. Seager -I think he should tell him
story.
Q -Now you had an interview with
Mr. Elliott' A- Mr. Elliott had en in•
terview• with me. There was a mes-
sage to call up a certain number and it
turned out to be Mr. Elliott's number,
and h • asked we to come and roe him
or he asked me when I could Dome that
he wanted to see me and I toad him if
he wanted to Ree ire to come down and
Me me. and he came to see rue to my
)ease p�
penned goo cpnversatloo
by sof 'Did "yea bear '-I don't re-
member the exact worts but it wan
sotuetbfng like this "Did you bear about
thin trouble with Hunter?'• 1 saki l
had beard about it a short time before.
and he asked me it 1 thought I could do
anything to shut it ort or to stop it.
That is about the conversation. 1 ex-
pressly stated that conversation was
confidential and strictly confidential and
I telt indignant that It wasn't used as
such. My name was blazoned all over
the Riding as having been connected
with it. My name was spread all over
the Riding and I resent it.
Q -Wax. there anything Raid about
money matter; between J. R. Hunter
and himself :' A No. He didn't tell
Dismissed
4Oontiuoed from pane 3)
the n&Ye.tdon for advice -
Mr Kelly --Certainly. 1 didn't know
whether I was right or not. 1 wouldn't
want the feeling to be that I am pre-
judiced. 1 have not beard the rest of
the evidence nor do 1 know anything of
1t, but I must say that this man's mem-
ory was better of something that had
happened a lona; while ago than what
1t Is now.
Mr Makin. If there is no other evi-
dence connecting my client, Dr. Mack-
lin, with this conspiracy charge. than
that of Mr. Hunter 1 would ark Your
%Verrhttf. to dlrpose of It on the spot.
?dr Seager -1 don't know If that is
ttt�rny to put it or not. 1 have not
rebte the witnesses myself and 1 am
not positive as to what they are going
to nay. 1 have never Interviewed any
of the witnesses. 1 am not positive,
but 1 rather think there was some evi-
dence There is the evidence of Mr.
Bradwin That will bear upon that. to
what extent 1 do not know. I have not
latervrewed him. I propose to call
him next.
Mr Kelly Well, 1 will hear what
evidence you have got.
Mr. Seager -Of course, the evidence
of Gundry and Turner will be exactly
the same as that given by Hunter; as
fpr Dr. Hunter 1 don't know what be
baa to say.
Mr. Kelly --It is customary to see the
wltneases before this time.
Mr. Maklns-i asked my learned
ask Your Worship then to dispose of
this.
Mr. Seager -1 don't want any mis-
understanding.
Mr. Makins-I am not misunderstood
at all. You told me that distinctly.
Mr. Seager -You don't seem to wan:
any understanding,
Mr. Maklns-1 asked you how many
witnesses you had connecting my cli-
ent with this and you told me distinct-
ly Mr. Hunter's evidence.
Mr. iieager-1 am rather at • less
to understand my learned friend. That
is a very indiscreet statement to make.
certainly.
Mr. Maklns-Indiscreet' It in the
truth.
Mr. Seager -1 have nothing further
to say. 1 will call my wltnes::es.
. Mr. Cameron -1 think my learned
friend misunderstands -
Mr. Seager -1 think he does.
Mr. Cameorn-1 think my learned
friend the County Attorney misunder-
stands the meaning of my learned
Mend Mr. Maklns. He doesn't mean
what you think at all.
.Mr. Maklns-1 don't mean to impute
anything at all. 1 had understood from
my learned friend the Crown Attorney
that Mr. Hunter's evidence was all that
connected my (;lent with this charge.
Now 1 am disappointed. 1 am Imputing
nothing whatev, r.
Mr. Seager -I will say again that
Mr. Gundry's and Mr. Turner's evi-
dence will be exactly the same as
Hunter'.. What Dr. Hunter's evidence
will be 1 don't know. 1 haven't heard
anything about 4t. There is also the
evidence of Mr. Bradwla as to a state-
ment of 1)r. Macklln's on the hustings.
it Is contained In a report Sven to
the newspapers of the hustings
speeches. .
Mr: Makins-1.et .me see it. We
wil ladwit that. .
Mr. Seager -This will be Exhibit 4.
It Is admitted this may go to as, evi-
dence 1t 1s an admission made by Dr.
Macklin or a statement made by
Jilin. There are some remarks
first and then this "opehed his
address by presenting his version of the
matter to the audience. in doing so he
admitted that he gave Mr. J. 11. Hunter
ten do{It.r.. Ile first remarked that fie
tried to canvass Hunter himself two
weeks. Rion.. and had then sent Mr. me anything about it.
Elliott to hint. It teemsthat Mr. Elliott 9__DW he 'say anything about 41?
did Rq rn Thursday evening and then A --Ile never mentioned his converse,
came G. the doctor to report. At this ikon with mute, tit all.
interne.... Mr. Elliott told him that Me.I t! -Was than anything said in
14. '14 ct,uld tot some votl.t at tai she that conversation about stoney that had
w The doctor told Eldon tdat he pasted between Macklin and Hunter?
would ring Heater its, end he did x+, ' A- Yes. Elliott toll we Dr. Macklin
making :•.n apls.intmcIL for 14u, follow- 1 had given Muster ten dollar,..
fug mooting. In tee morning ilunter I -Was that all that wart told stout
camc.:nut the doctor states he gave him it ti-Ailthat was had about what',
ten dollars. his only explanation of thi»' -The ten dollars:' A -He amid that he told Bunter he was not I something further -this is may labia
baying vote., hit wished hint to work Mr. Elliott said and it isn't evideece-
and canvass tar him." That is all there Lir. Macklin had given it to him. well. 4
is in tial. and Mr. Proutitoot spoke after 1 think Mr. Elliott saki practically as a
want., and that them i. this : "Di. matter of chanty. ft wav that or pay.
Macklin nl his reply said that, while he ins hi. 1 -wearies to Hsmiltou. I tbn'L
paid tie te;u dutlar. and may have actual remamer hdm exact weniing of it.
in tow 1;,vmit ion of the electionact, yeti 44 - Welt i .114101 have an opportunity I t
lawyer /Mete.' a. 441 whether he had I of ralkiott to you and 1 don't want to in.
had n'I : that .0 ler RR the Reverend 1 terfe're in 'any way . but It durfffe feu
.loi.cpb ).1111' las+ co1Cerne'l he wav oottr.e.ef that convTrnatfoa h(• said that `
sot s(' .- ..w tin--Phst4*rRt:;',i10 j
. - . - Me. k1alm -. _ .Wha1.1 -Raw-- 1/ ee Zeal given money to bribe a tybnddy want 1
ue.0 t:,.: •.f 11,1. page. It wan where he to know it. '*--Mr. Elliott told we .
admitted t,ir surf Hunter feu dollar. nothing of the hint. He w ,nkln't lel.
"The .'.e Inv odd j- Ilion he would elan me that in any event.
9-11e tow you that the doctor had
-^� given Minter ten dollars hitt the object 1
of that was to pay hie expenfee to Ilam
,Iron' A-1 think it wax.
9 -Or an a matter of charity A-
t ,fie or both of them.
14 -Did he say it wan to canvass for
him .' A - 1 understood It was prac-
tically 5 matter of charity. 11 may
have been that. It was hoe at hoth of
them. I think probably both. 1 ,
V -He didn't Ray It had been:gives aR
. •bribe ? A - Oh no no.
Q -That was all there was to It" A-
1 es. He didn't discuss the matter at
ail.
Mr. Seeger -The only other evidence
I have will be the men wbo woes pre.
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Kr- lielOsir-Thotssil Goody/ and believed. I have been milted what other
Turner erill of 00111110 sepsis' ettailly sivideese these would be. There would
what Remise 'Md. They will esseat be the *Masses of Gundry and of Tur
exactly IBMS they beard and I propose am, which lor the purpose oi this pres-
to go on sad give it. eat argument must be taken as given,
Mr. Maldas•- Am I te naderstand and they would simply repeet all that
with refereece to Dr. Macklin that there J. B. Hunter ham said as to the inter -
could not posehly be asything else coe- view beget*. himself and Elliott, aad
Decting Wm with 3 thee what my we have the evideme of Dr. HOMO'
learned Mend has offered if Mat is which doesn't implicate anybody at all,
the ome your Wonthip la in a puntioa to sad the evideaoe ol what wee said at
demossof this. Mae 'matinee. Tbe whole emetics then
Mr. Heuer I have stated it clearly. is this, does any this evidence justify
I am admitting nothing. I have told your Worship in seeding this cane for
you as clearly as We Englisit trial. 'Taking tor the moment the point
can make it what their evidenoela:017 that the evidence of Hunter woukl re -
1 e ouid like to know wby my learned quire corroboration, is there any cor-
friend wants the cone dismissed. roboration? That is the end point for
Mr. Kelly -The came was started your Honor to consider. Is there any
Jointly and I think we should continue corroboration of ibis wan's statement ?
with it Sad ale the evidence all in. Mr. Now the only evidence ie what Dr.
Seeger, yea have two or three more wit- Macklin said at the hustings+ and of
asesea yet. them three eitnesses, Hunter and Gun.
Mx. Osaserea-The poled is this, your dry and Turner, which we are aseuniing
Worship, se my teamed friend has has been given and they would repeat
stated, the evidence that has yet to be exactly what took plaoe there at that
called haa ao bearing u the question interview with Mr. Elliott. They would
here so far as Dr. is c000erned. my what they heard about the money
It is not angessted tor a nsontent that and that he was to see Dr. Macklin
they min give any evideace as to what about it and lu a few minutes Dr.
took place in Dr. Ilsoklisre Mike other Macklin called hint up. That is what
than the evklenoe of Hunter, supposing, they would say and an appointment tree
which is the fact, that there was no made and he went there and received
person present but the two of them. ten dollars. Now that is entirely a
If your Worship oomes to the cooclusion question for your Worship toasty whether
Wet upon the terfell oi Mr. Hunter you think that that at all involves Dr.
Macklin, that is the end of it. There la racy. that is we mind prove a :Ott
the cane muse (lisised as agabost Macklin. We must prove the
no evidence as ail Imola which to mod together of these teen. It we were to
thew two gentlemen up for trial. Now prove it against one of the panic.% it
I don't think it is iseoemazy -for me to would simply be proving /het he did
enter into any extensive argument to something that wait Dot right, but we
oonvinee your Worship or any other ruled prove • coming together 1111Xi the
intelligent man, or to lead you to the question is, did what was said to have
cooclusion. the irresistible conclusion, been done by thene three vritnessies, as -
that this naan's evidence is strictly suming that they have all been sworn,
unreliable. He had contradicted him- doe% that show any cotning together of
melt oo so many points.. Ile ham, and I thene people. That in what your Wor-
am nut going to WIC stronger language ship must commider sjoi that in the quits -
although stronger language could be Bon you will of courne, coneider
used. he has deliberately lied repeat- whether the evidence as to what took
ediy. There hal any doubt about place at Mr. Hunter's and Dr.
that. Your Worship has taken notice Macklin's amounts to that. Tte evidenee
of the different occasions on which he of this man Hunter, and it le my duty to
contradicted himmelf mad he wound up point out to you as Crown Attorney ad -
by admitting hi% memory was rotten. vising you in this matter. that you are
I think he was right. Hie whole course not trying thin case. Tine in • prelim -
of action has been ooe that any man Mary inquiry and if there in nome
having a spirk of honour within his question or some evidence that is
breast wouM be arthamixl of. Here he reasonably fit to be submitted to a Jury
treats him friend tar. Elliott. and we can then your Honour should do me, and yon
readily see that Mr. Elliott was acting munt not weigh the evidence in • pre -
as his friend, and haven't the slightest liminery inquiry. It in not for the
doubt in the world that he pretended W magistrate to weigh the evidence one
him that he was a supporter of his in way or the other. I might go thin tar
the election of 111 1 1. Is it a likely thing and say if one witnetts came forward
that he would go to Mr.Elliott, who was and ten witneenen caws forward to deny
as he says himself, a ooroparative what he %aid then the queetion whether
stranger to him. and ask him to the ooe witness or the ten witnereses
undertake to speak to the Minizter were to be believed is for the jury to de -
of Education about a aituation In cide, and were your Honour to decide
Edmonton for him. That in a likely youwonki simply be taking upon yourself
story. Of course the government of the position of the jory and deciding in
the Province of Ontario has nothing their place. It is merely a qnestion of
to do with an appointment in Edmonton. whether there is eny evidence to go
He didn't really know what be SHIA before a jury. Of course if the evidence
saying. He says that Yr, Elliott did is of such an unrelisble character that
not know whether he was a supporter of you think there is no cane for trial at all,
Dr. Macklin or not. 'He mays he never thervit is for your Worship to deal with
wilted him. Who for one single minute the matter according to your judgment,
credited this! And this is very import- but if there is any evidence to go before
ant. I dost't care who he is in his • jury it should be sent up for trial.
politics or otherwise, say man in hie That is my advice to yon which I am
sober menses if he believed otherwise called upon to give you by statute. You
ought not to be allowed outside the con- are not to weigh the evidence. It (millet
fines of a Insatic asylum. Without aquestion to whether there in any
having any ineleentlice of his support of nyblenne te go to • fury. and If there in
Dr. Macklin the very first thing he does 130 evidence to go to • lur.V. if it is Ro
without knowing whether be is a sup- totally unreliable that you can not find
porter or not is to offer him money. any evidence to go to • jury why then
Who can believe that story ? And nor it is for your Worship to decide whether
believing that, and I say no iTI/10 of that in your vie* of the evidence or not.
ordinary intelligence, yes or of very Can you go no far as to say that the
mean intelligence, would believe any evidence is totally unreliable and can't
such silly story, and that, is a very De believed sad there is 00 case aa mod
important part of the whole evidence, for trial? It is entirely in your. War- .
what are you to believe? He lied de- ship's hands and I leave ft there. •
SHARMAN
THE SHOE MAN
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tionstarialirmiliden• III. ...1 -..wile
ital..
WNW MOM
aba 111611016606 111601/1, lainmet Dr-
• TOM polypi pitipm14. Arid AT
tion of it. Can your Worship take his
evklence and say what part is true and
what part is false. I nay the man has
made a worry exhibition of hininelf and
the sooner he geta out of town the better.
And there is no evidence -it buil a
there wit. some evidence it might be
said there i. something to go to a jury,
hut there is none. You can not nay
what liart of that man's evidence true
oi false and if you eliminate that man'm
evidence as I contest] anti I believe you
are eilly hound to do, them is oo
evidence whatever to put these men
upon their trial and tbey should not he
compelled to suffer the indignity that
they have suffered up to this tome.
There ie teasing why they should he
Compelled to do It. Tbere no reafion
why they should have to stiffer any
further indignity in the matter. They
-hould he honorably discharged OD the
f•videnee of the chief VI ROCA% for the
Mr. Makin. My le.ained friend clops
not sa v that any evidence that he has
mos ..1 bait to offer nt111 can fur-
ther complicate mattere for Or. Mack-
lin. I 1Inilerataittl that he e111 say that.
Therefore what in the Aar of producing
that feller t 'tierce. 1 he miy evidence
f,rring to ie. Macklin is that of Hun•
referred to that thet I need not say any•
Bong further. I don't know that any-
thing further couki be said. The other
evidence is (hitt of Dr. Hunter and he
ti hin say anything shout Dr. Macklin.
Then there is the paragraph in the
nee spaper and b. Macklin admit% that
be paid him ten dollar, for canvassing
end that ticioiLAn•S go to Phew CoeepteeCy.
The only evidence relative to lir. Mack
lin s ease le that of .1. It. Hunter, SIMI I
don t want to emphaelife` Whip ID)
learaed f eked bee saki. It would be
hsol tonsil language to do so. Where
there in no evklatoo it is the duty of
beak to the same point if my learned
Memel contenda that the evidence be
hes still te offer, that of Oundry and the
other men behind the curtains. Can fur•
ther complicate Dr. Macklin. wt. RhOilld
hear It. If he rays not it ahoniti he drop-
ped right now. What I% the mune •of
reinausiag here It can not be imputed
that he doesn't 6o hie flinty. He hie
tione his duty if he offer, all the evi-
1 dem', thrwe is available sad he hiet
(lone so Now the evidence of Omar, owe. pelatorir arid oely
erre ler Leemago is
aad tile other nem. how ean it aReell
Dr. Necktie's ogee, and if Macklin is CA14 d,
a it thee IDEAS me* t ommelvc with
Mr. Meager -1 wappowe eyed hardly
say that thin case la one of the most
to do my duty te these eases Mat would
became I am • swore officer compelled idney
painftil character to me and it is oely
tiring me here lei this Gaol ai lihe re-
ceive and the presseasks ot sus mime
quest of your Witeelhip bo carry es the p•
remarkable ease. Pow tie widows IN 1 S
ltdo class Is We, the evMenes et Maw
ter. That widows la op MOM MK as
to both of tlio ilehtedamte la ale ease.
BRITISH - AMERICAN
COLLEGE
and •AArgiwaral Aryl
m sew. Auger' Ma Write lot
THE MAGISTRATE'S JUDOMEXT.
" I cannot nay from what I have
heard that the evidence of the eJklef
witeesa, J. B. Hunter. is totally unreli-
able. I will say. he may have, and I.
1„think he has said some things that
were true and many more things in my
opinion that it would be very hard for
me to ask • jury to believe, and if I
commit a man for trial I am &mourning
that there is sufficient evidence to send
him up for trial, that the Jury would ,
take it up and the cam would he consid-
ered. Whether it lost or eon it is not
for nie to say. but I could not reconi-
mend a man for trial. no niatWr what
kind of a man he was, on the evidence
of this man Hunter: It may have been
with my year and a half only experience
an police magistrate, it may have motusill-
ed like indicketion for nie to have ex -
preened nsysell At the %tag° of the trial
where I did, but I couldn't do otherwise
knowing what I did; hearing the evi-
dence that I did, 1 can't see how I could '
have expected corroberstion of what I
have heard. Dr. Macklin and Mr. Elli-
ott are charged with conspiracy. f 'on.
%piracy, in inv bumble opinion. the de-
finition of it is that two or mom must be
together to conepke to do a certailli
thing. In my opinion 1 don t think there
waa conspiracy in this cane.
"I regret very insels-that Bezels...selves
-hefted oe, lots kr herehiliellieetheletc
to create feeling of paretd in our neigl.
horhood and in our Centre Riding, and
the action writ the witness' In not honk
here when we wanted him in the first
tContinusd rot page 71
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KILUMAN, W. PAULHIFOUT. Jr.
ht•CORMICK 610 FT. BINDER TWOIL. 15,c PLR LB
600 FOOT BINDER TWINE AT 12i PER LB.
G. CAMERON. K. Co YIJ
HI • TM. wester. notary
orb. Honer to Mad at leave rota.
SEAGER, BARRISTER
mew :arart Roam. Oatierich.
One Burner Oil Stove
Two Burner Oil Stove
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1.75
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Two Burner
Three Burner
Ovens for use on these stoves
11.00
2.90
...Detroit Vapor Stoves
Two Burner
Three Burner
- $12.00
- 14.00
1
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in the blood. If the kW
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world too no Uric Adidas/
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ledney: do their woriL The
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aria. Tory 1*.1.41. too Vinare
Toro A INK. ase
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eerie an.or sow 111ma 111017,
Pored oat.
REFRIGERATORS
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en At 8igiut (dice will bo Frau
ended it' Haddon°, teepoone 19
INSURANCE, LOUIS, ET1
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PRIVATE F'UN
Mao. sews to M.
iv K. ROBERTSON.
riot AIM brtti.O. CM&
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GIODEXH.M., UHT.
Ireameter
bar of Marriage Uri
DR. HLSS'S FLY CHASER FOR CATTLE IS EASILY
APPLILD AND ASIOIXTILLY NON-POISONOUS TO
CHAS.
LEE
ELECTRIC WIRING
flOAL. WOOD COKE. CEMENT, RTC.
PHONICS : STORt 21, MOM 112.
CENTRAL
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reseoieal walla nor lootetrat.
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