The Exeter Advocate, 1890-10-2, Page 4THE
%.:ter .ro.:r+
SANDERS es ,SW EE'p, Preps.
THURSDAY! OCT. 2nd, 1890,
JUrR.S,
Hardly an occasion passes where
they are put to the test but some opin-
ion is ventured that a cherished popular
idol is in danger, The jury system
in Canada has been on trial lately and
some people are asking of what ,use
is it, The Grand Trunk Railway had
a heavy case before twelve good and
,true igen and by the .obstinacy: of one
juror Nivo (sallied a temporary breath-
ing time, which is almost a victory.
The disagreement of the jury through
the firm holding out of one man et
Hamilton in the St. George's accident
ease means that the Grand Trunk have
g,ainedall that they dare hope for in a
matter where more than a quarter of a
million dollars was claimed. One roan
stood for the Railway and Judge Rose.
declares that a nese trial must be hold,
and before that can take place some'
time must elapse. That one man has
wielded more power than judge or.
lawyer, eI, and the question is should such
things be?. Juries may be composed.
(as they doubtless are) of men of aver-
age intelligence, but the sifting and
weighing of eyidenee of a most
conflicting nature Is another thing
and all feel that the same power
is in the hands of one determined
or obstinate man. Thousands of
dollars may be expended and no
result readied. Yet for all that no one
would wish to deprive an accused man
of his hereditary right of trial by the
voice Ida peers. In certain cases an
amused teen can choose between trialby
jury and summary trial before a judge
or police magistrate, and the idea is
'abroad that :in dine, ent man will
choose summary trial while a guilty
one demands a jury. The recent trial
for -arneder ir 1NTc 'd tock which result-
; lel in the n h conation of Birchall will
ht- ti te--, ri re public confi-
dence ii juries. In spite of the pres-
to....: ,of c.ollalieti! g testimonies the
° for lv a men 'fi•oin'Oxford county kept
before their minds in a wonderfully
deer way the mails facts of the case
and gave a verdict that nearly all
,,Canada must look upon is a righteous
{
one. ti Tho clove rre s �ntpition"of oppos-
•
ing• eyideiico,,the eloquent and impas-
sioned appeal of Mr., Blackstock, threat-
ening as he did `even spiritual terrors
if they foiled a ve i ct c: guiity,'never
moved then:. They thi ° .aside ahI.
feeling and looked at ticretbare facts.
, The manly bearing of the prisoner and
;17•e..ence of hisfferilig wife all
° weigied,nothin iii tlx: balance with
stern justiceaa #Incriminal cases lie
'" thfnk'khe u.sefiu]ness of the jury is plain
'and el °artand although there_may be
two sides as to titeir absolute need in
t3ivil cases ally tinrfve. in ,the way of
change should -be- well considered and„
net hastily. The dignity of the law in
Canada as compared -with the 'United
`:Mates has been p drily* shown in the
trial just ended in Woodstock. A
ananeler trial began on the salve day in
New York. In one week a verdict
.dninst universally approved was reach-
ed in Canada, and the prisoner taken
? :ie' ,,tr+ the condemned cell, while in
New ?'ark. the jury is not even chosen.
As far as Canada is concerned we say
le, tl> fiillicl, as for the United
stat ;s till i:ot 'Ince to hold up
,
both halef,i4 for Judge, Jury, Court,
Congeaaa President or anything else.
m} ra,i-P ii A .,L GUILTY.
," to. be Hanged. on
N•o-a-e:ibr i.4t1i. •
tip il• rept 20.—The fate of
Joh ;l.:ri, lliichill was solemnly
seeaea at e 1 try midnight to -night,
tivtt :F tl , jury brought in a verdict of
guilty o: the wilful murder of Frederick
Corii,c 11c:t P well in the lonely Blen-
heim swamp o t yob, nal, last, It just
took ='t ,, 1 i; hours to znake up
their minae, although it was supposed
sai.}, -wheelsthe court room was
Cc.:c1t. 1 :l at 10 o'clock that they
w'ouid out, for three .or four.
heure, The nary wer.3* unanimous on
11 :. eat i. i : but they discussed the
matt r ; i° fes over to hour before
u;m io a 3n,+i decision. The
earee a eelif was n:tilized for the
p111 pe. rx:,:eeiderime the verdict and
the;lag c o, 1 was Lle gilled out into
k';‘.1 le,re very Little
,r) l,; t ,', 1.1,'",“-!, t;f constable's"
s, i r,,1
r .l
11, i•..l t.h�, renal 'kvas cleared,
1; Ti • it lcr1 i yr a,r to the, ,?et 1.130
peeel r 1; Depato. Takeei r Perry tripped
acl o 'i the: equera to i'..,1 O'Neill House
whirr Me .f t1, i ;: aim -Mahon .was in
sal�, i r
The Deputy in-
formed ed tin; ,l:ttirhe 01:1t the jury .had
al;rae,l'tr.l In i2)11troa sirisLordship
even; l ic'l, in hia tt l+';.1 the stage,
There is v a r ut h ' enr palace iia teat
ecyi„•t mem t.;i t;1 r 511e Lordship entered
the room, Although it was so ii
th, witching r to �;, hour of midnight half
dozen ladies were bold enough
squeeze into the room among the
or so of men.
Birchall was brought back to t
room at exactly 11.48. He was sect
ly handcuffed to Constable Mars
Auderson. When he sat down in
dock it took the constable nearly,
minutes to remove his ill-fitting mai
cies. The prisoner's face was wh
and blanched, and he seemed to real
that it:was all over with him. Af
the names of the jury had been call
Clerk Canfield, amid a death -like st
ness, said: "Gentlemen of the jury, ha
you agreed upon your yerdict?
George Christopher, the most inte
gent looking man on the jury and s
is a retired farmer living' at Ingers
had been.chosen foreman and he i
mediately arose and said: "We fi
the prisoner guilty of the murder:."
Mr. Hellmuth asked to have the ju
polled and this was accordingly do
As each of the twelve names was cal
out His Lordship enquired: "How s
you? Is John Reginald Birchall gull
of the offence charged?" Each one
the twelve answered, "Guilty." -
Mr. Hellmuth: "Tour Lordship,
the absence of Mr. Blackstock, who
unable to be present, I move that t
crown reserve the case because of t
introduction of the Mellerish letters."
His Lordship: "I see no reason
reserve the case."
Mr, Osler: "I move for the senten
of the court."
All eyes were turned towards t
doomed man, and in a solemn vol.
the judge commanded the prisoner
stand up. Birchall did so promptl
his face becoming ghastly pale, but
did not appear to move a muscle. H
fixed liis eyes steadily on the judg
who returned the glance as he leane
over on his table and prepared to pa
sentence. His Lordship spoke low, b
with somewhat of a termor in his voic
It was Justice MacMahon's first cleat
sentence His Lordship then asked:
'What have you to say, John Reginal
Birchall, why the sentence of the coo
should not be pronounced on you fo
the felony of murder that you haw
committed?"
The prisoner looked more intently
possible at the judge and said In
oud, clear voice: "amply that I a
not guilty of the crime, my lord."
The audience looked on with some
hing akin to paralysis.
His Lordship then addressed the
risoner as follows: It is part of a
olemn and painful duty cast upon me .
o pass upon you the sentence of the
ourt for the felony of which you have
eon convicted. I can only say I fully
oneur in the verdict which has been
•eturned by the jury on the indictment
gainst you. You have been defended
'ith great ability, and there has been
o: point connected with the defence
hat has not been fully brought before
he jury and pressed upon them with
11 the fervor and all the ability that
uman nature could command, and
hile I say that I may say also that
he inevitable conclusion that has been
eached in the minds not only of the
ury but of almost every one who has
stened to the trial was that you con-
e'ived and premeditated and carried
ut the murder of a young man who
all been entrusted to you by an aged•
they. It was your duty and your
oun,ded duty to have looked after and
rotected hint. Notwithstanding that,
ithout any compunction on your part
ou prepared to take his life and to
hp the miserable reward that you
ought was to be obtained by asking
e puce of the blood money which
ou would get by the draft that was to
me from England and the property
hich you immediately took possession
It is melancholy to think that,
ong with the education you possess,
ith opportunities which no doubt you
ust have had to further.your own
aterial interests, you should so far
ave forgotten yourself as to pursue
e .course which you have pursued
d you should have prepared todip
our hand into the blood of your fellow
an. '' It is melancholy to think that
ter such a short period after you be -
me a.married man and became eon-
ected with an estimable and respect-
bre family you should have brought
is trouble and disgrace upon them.
can hold out to you no hope whatever
any commutation of the sentence I
m about -to pronounce: There is, I
ay say to you, but a short time in
hick you can be permitted to live,
nd I earnestly implore you to take
vantage of every hour that remains
make your peace' by, supplicating
e Throne of Heavenly Grace for for-
veness of offences committed by you
the flesh"
THE SENTINCE 05' Ttrn COURT
pon you, John. Reginald Birchall, is
at you be taken hence to the place
hence you came, and that there with
the walls. of ,the prison between the
urs of 8 o'clock in than morning and
in the afternoon on Friday; Nov, 14
xt you be hanged by the neck until
u are dead, and 3nay the Lord have,
ercy on your soul"
Birchall didbnot stagger, nor did an
Bible sylla11leeescepe from his lips,
e sant: back easiln in' chair in the
ck, while the'�slaectators flocked
ound his box orapcered over the top
the rail at the doomed man: He did.
t loon to the' right not to the left but
nilly gazed ahead of him. Mr. Mc-
i and Mr. Hellinuth
y wafted over to
m and he shoot hands with both of
in, adding a pi•onotince,d; '•Thanx
u gentlemen."
ear
to
400
he
re
hal
the
are
la.
ite
ize
ter
ed
ill
ve
lli
Is
oil,
m.
nd
ry
ne,,
led
ay
ty
of
ill
is
he
lie
to
Ce
he
ce
to.
l e
e
0,
d
ss
ut
e.
th
d
rt
r
e
if
a
Once more it became necessary to
ar the court room, The , jurymen
ngled with the spectators and seem -
glad once more to breathe the air of
edom after their eight nays of conn
ement.
ole
vii
cd
fro
fits
Fifteen minutes after midnight Bir -
chall found himself hacz: in the jail
with the death watch placed upon hila.
It was whispered throughout the crowd
that he would commit suicide, 'but
ample precautions have already been
taxon at the jail to pevent that,
Mrs. Birchall has long since retired,
having been given a powerful opiate
by her physician to quiet her nerves.
But the awful ROWS was subsequently
broken to her by Mr. Hellniuth,
Thus ended this court chapter in this
aweinspiring scene.
amitsr lea.
Hertzel—In Crediton, on the 25th ult•
the wife of George Hertzel, of a
daughter.
31:Afl$:niIAGES,
MoP1 ales—Coop,—On the lst of Oct.,
at St. Peter's Cathedral, by the
Rev,. M. J. Tiernan, P. P., Will
wan McPhilips to Jennie, dau-
ghter of Philip Cooic. Esq, both
of London, -_
GUNT.FII]R—EILOAR,—At Crediton, On
the 30th inst,, by the Rey. Mr.
Staebler, in the German Cliurcli
Mr. John Gunther, of Pelham
township, to Miss Bertha Silber,
of Crediton.
Flock—BnonERICK. Ori 30th Sett.,
'by the Rov. Le Roy Hooker, at
the Metropolitan Church, in To-
ronto, Edward W. M. Floaii of
London, barrister•at-law; to May,
youngest daughter of John W.
Broderick, Esq., of Toronto.
Hullett,
On Wednesday, the 24th ult., while
Mr, Andrew Reid, of the 7th con,, was
engaged in burning' stumps, etc., at
the wear of 'his farm ;two of the little
ones thought they would have -a fire of
their own, and accordingly ,built a
little pile of straw < and set Are to it.
Before it was noticed by the older
members of the family the straw statie
was in flames and ere help arrived the
barn was also burning so furiously-
that
uriouslythat nothing could be removed, and.
the total crop and a number of his
implements were reduced to ashes.
The loss is estimated. at $2,500 and the
insurance is $1,400.
Eden Public School, The following is a correct report
of the standing of the pupils in their
respective classes for the month of Sept-
ember, based on regular attendance
and written examination:
lst Class, -1st Etha Cave, 2nd Allie
Rook, 3rd Olive Dempsey,
Part 2nd Class Sr. total 650. -1st
Almena Kerslake 452, 2nd Alfred Coates
847, 3rd Annie Jones' 295, 4th Homer
Buswell 175.
Part 2nd Class Jr: Total 650. -1st
Laura Dempsey 457; 2nd Lida Quance
392, 3rd Charlie Harris 822 4tli-'-'v''Thra
Luxton 270, 5th Rettie Essery 238, 6th
Samuel Thomas 173, 7th Eliza Jones
217.
Second Class total 900.-- Richard
Hunter 717, 2nd Rhoda Kerslake 662
3rd Polly Fisher 451, 4th Samuel Smith
433, 5th Jessie Luxton 426, •6th Blanch
Rook 354, 7th Annie Handford 323, 8th
Maggie Handford 313, 9th .Frank Shortt
250, 10th May Thomas 198. '
Jr. 3rd Class total 980. -1st Ida Cave
590, 2nd Nellie Quauce 546, 3rd Myrtle
Walker 864, 4th Frank Hunter 166,
5th Nelson.Kerslake 149."".
Sr, 3rd Class total 980, -1st` Minnie
Luxton 695, 2nd Aima Dempsey 668,
3rd Annie Quante 513, 4th - Benny
Kerslake 392, 5th Bernice' Rook 210.
4th Class total 900.—Nellie' Dempsey
626, 2nd Lottie Handford 595, 3rd Lilla
Hunter 154, 4th Grertie Dempsey 84,
5th Class total 1200.—lst' Laura
Hicks 950, 2nd Minnie Cave 839, 3rd
Allie Kerslake 810.
Parents will see from the above that
it is of the utmost importance to them
that, their children should, attend school
as regularly as possible, in order to
make the progress usually looked for.
JAMES A. DIDbresn , PRINCIPAL
Kirkton,
Capt. W; 11. Paisey is erecting an ad-
ditional xitchen to his substaneial.
dwelling house.
Outsiders will do well to bear in
mind the date of the Kirxton Fall Fair
Thursday and Friday, 9th and 10th Ott.
w. R. Carr, V. S,, of this place, is
taxing a trip to Chicago. His prat
tice is in care of E. H. Callander, stu-
dent of 0. V. C.
The harvest thanxsgiving service
was observed by the members of St.
Paul's church on Sunday las at seven
p. m. The interior of the sacred edifice
had been tastefully decorated for the
occasion by the young' people of the
parish with fruit, grain, vegetables
and flowers. The chancel and altar re
ceived a large share of attention, and
the effect was pleasing when the illum-
ination of the church toot place. A
sermon was delivered by the rector
from Psalms axvt: 12. The church
was filled to.its utmost, capaeity,though'
the offerings were rather meagre for
so large a crowd.
On Sunday last while John Weir,
of West McGillivray, mailearrier be-
tween Clandeboye'and' West McGilliv-
ray, was handling a loaded revolver,,
the weapon was accidently discharged,
and the ball entered his hand between
1 g . . rs,
the thumb and foie•finber. D Sut•
ton and Bayly extracted the ball.
liY
NTE IviI:Ni local or.•tray, cling
to sell my gnara'ntectl
lett. ,alar
I�Tunsi�liiY � Salary
or Commisbion, t paid.
'weekly, Outfit free, Spbeial attention given
to beginners, t Workers never fail to truth()
good weekly wares. Write mo at onto for
particulars.
E. U. (}1 AHHAM, .Nti,i r:tiv L.iN,'
(This house; is, reliable.) T011ONT'O, Ow.t,
Puit � Underiakia�
Having; .leased the premises
latety occupied by Mr. John
Brawn, I would inform the
public that I carry an immen-
se
mmen
sery�stopck of �
P 6J�T RIN1T' JR ...!
■
of my own Manufacture,which
I will sell at
EXTRAORDINARY PRIG ES
Inepect my stock before buy-
inv.- elsewhere ani. ouve from
10 to 20 per cent. I am - bound
to sell,and guaratee my goods
to be superior to factory work.
Undertaking
in all its'branches at lowest possible
prices., Special attention will be given'
to this branch of the business, Give
me a -share of the patrona,e;e,
Remember the stand, two doors north
of the Town Hall, Exeter,
WALT. ANDREWS.
IvE
A Fresh and New Stock of
Grocris & COMOti011010
JUST ARRIVED AT THE
Family :-: Grocery.
,Also Pure EXTRACTS
and SPICES.
A beautiful `piece of glass-
ware given away with 1 Ib of
Mayell's Baking - Powder.
Dashwood Roller Flour
For Sale.
Call and examine our goods
befare pucggh��asin elsewhere.
THE BEAUTIFUL MW CLEAR CUT
orm 'TYPE :
OM Mil 111:1
from which this paper`. is print
was supplied by the
imencsmeasalamass• Rpm fp,
T� ®TYPE FOUNDRY
,®m
Dealers in Type,
Passes, and Printers' Supplies.
J. T. JOHNSTON,
80 & 82 Wellington St. west
TORONTO, ONT.
CITY HOTEL
LONDON, ONTARIO.
par daym
J. & J. Mc -MARTIN, Proprietors.
t1 li3ir9lFS3MHEAADACHE
POW .c0ERS
re
ALL 14E.ADACHE.
They are not adver-
tised to cure eve y-
thing,but simply head-
aches. z:•y them, it
will cost but :d5 cents
for a box and they aro
ttrnclesa.
ThsY aro note Cathartle.
Plsois Remedy for Catarrh Is tho €A}
Best, ' Easiest to Use had Cheapest.
41,46
Sold by druggists or sent by mall, 50e.
R. T. Hazeltine, warren, Pa., U, S. A.
Lardine Machine Oil.
entammusiammamilastanw
The Famous Heavy -bodied Oil, made only by
McColl Bros. & Co., 'Toronto.
Use it pace and you will use no other•
McC oll's Famous CYLINDERo.1.I
,LJ
Is the finest in Canada for engine cylinders.
.GAS 1-90+
FOR SALE BY—
ROS. O o, Exeter,
ITT
ssb
H;'TAILOR S
THE UNDERSIG-NEDIIAS OPENED OUT A NEW SMACK.
OF
II I II .I I II $ 11 II $ II $ II - II
?IRSTLASS SUMMER SUITING&3<,.
$ l $ d .$ II $ I II II $ II B $ 0 I
In Canadian and Imported Tweeds,' French Worsteds etc.
which he will. sell at right prices. If you wish a nobby or
plain suit it will repay you to call and` examine his lame
stock which has just arrived. ,
§—§—§—§—§—§—§—§_§__§__§_§_§_§_§_§_§_§—§
11SORE. SIT IflhITEEO E11EY TIJIIE.
§_§__§_§_§_§__§_§_§_§_§_§_§_§_ §_§_§__§__§
Special attentiongiveli to ladies p es inaiitle mak g.
Give me a Trial and you will be Convinced..
Stand one door north of Fish's Barber shop.
J NIVMES H. GRIEVE.
for infants and Children.
Nlastoria is so well adapted to children that eastorh, cures Colic, Constipation,
[recommenditassuperiortoany,prescript[on Sour Stomach, Diarrhoea, Eructation.
known to me: H. �„ AscsssbI, D•, Lilts Worms, gives sleep, and promotes di•
111 So. oxford St. Brooklynf;estion,
, N. Y.-iyiihot injmions medication.
THE CssTAes COMPANY, 71. Murray Street,, N. V.'
u. skis cal ms • �xr5 ;.1r� b 1 `• i ;V iiSSh&ir
CEN"��66 rnu"a TO-
A
complete stock of
Pure and Reliable Dr
ALWAYS KEPT.
Patelit pIegiciitSlloes,�s,
Arlllli8t's� S�I1os
At right and reasonable prices.
Prescriptions
and
Family Receipts
is
Carefully Prepared.
ItR1rt's
�l
� Pow1er
the best in the market,
C. I.,UTZ, .PROP
It will be to your interest to call
on us before buying your : bui .dmg
hardware and shelf hardware.
Barbed, Buckthorn Oiled,Annealed
and Galvanized wires,
always in stock.
First-dass tinware, no tin'+=®andmamh If
years shop-worn goods to offer.
A, .IST' PAINTS and BnUS}IES,
ate -
caxilagez arid "Z'ago .s_
•
Eavtroughhig a Specia!1y1
AGENTS FOR THE RAYMOND SEWING MACHINE
J. G. SMALLACOMBEI
Merchant Tailor,
TrI's DIL Exetr,
Has now in stock
A FIRST-CLASS LINE OF -
Summer sods, Gents'
Furnishings, ctOe
Sole agent for Exeter for IVORINE
COLLARS AND CUFFS,
The best oollar and cuff in'the marl..•et
A CALL SOLICITED:
J. GE Sma,11400mbe.
Remember the old stand
d:7aci9......
Near the POST OFFICE.
If you want an easy shave
and neat hair -cut just call at
E, H. FISH'S .,
SHAVING SALOON
Where he 'does all his
work in a ,neat style.
Ladies' and Children's hair -cutting in
the latest style;
AGENT FOR THE
PARISIAN STEAM LAUNDRY..