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Prince Rupert Journal Dec 11, 1915

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Array Tlie Jonrn-J
$5.00
a Year
VOL. VI.
PRINCE RUPERT, B. 0., SATURDAY, DECEMBER 11, 1915.
Price 5 Cents.
No.  IS.
BRITISH AND FRENCH TAKE NEW BALKAN FRONT
-j. ■ i.    eg
DIPLOMATIC TROUBLE BETWEEN U. S. AND AUSTRIA
IU I .1   1
The Attaches Of German Embassy Ask Safe Conduct
Lumber Industry Is Now Planned For Prince Rupert
British And French
Troops Successfully
Occupy New Front
KOMEDA GOT OFF
VERY LIGHTLY
HE   IS   LET   GO   ON   SUSPENDED
SENTENCE BY THE
COURT
The Term He Served Awaiting Trial
Allowed To Lighten
It.
Komeda, charged with assaulting
with intent and also with the lesser
offense, that of common assault upon
Murphy, received his trial yesterday
afternoon. The jury was not out
long when it returned with a verdict
on the first count, that, of assault
with intent. He received his sentence at thc hands of Mr. Justice
Macdonald. He was allowed out on
suspended sentence.
When Komeda's case was reached
in the evening the jury was selected
ns follows:
.1. A. Murry, f foreman 1 H. S. Nickerson, G. Smith, F. E. Clapp, Henry
Letoninean, E. C. La Trace. Weston
Coyney, E. .1. Large, M. McLeod, J.
G. Johns, F. R. C. Brown and James
Hunter.
(Continued from Page Throe )
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Westholme
Opera House
Rupert's Popular Playhouse.
TONIGHT
"THE    STRANGE    CASE    OF
TALMAI SINH." — Three-act
Drama.
HEARST-SEL1G  GAZETTE
Featuring Russian Destroyer
shell a Turkish Merchant ship
and set it ablaze; and the
latest fashions.
"A  PERFUMED WRESTLER"
Ltmburger Cheese does the
work—Comedy.
"THE    U N I) E ItT A K E R' S
UNCLE."—Comedy.
Next Monday and Tuesday,
13 Episode of "THE DIAMOND
FROM   THE   SKV."    Coming,
q  December Itlth and 17th "THE
|   SPOILERS."
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Paris, Dec. 10.—A report from the
army of the east says that as soon as
it was demonstrated that an obstruction, which had been attempted on
the right wing of the Serbian army,
was no longer possible, the commander decided to evacuate the advance
positions occupied by our troops on
the Cerna River toward Krivolak.
The successive manoeuvres connected
with the retirement were carried out
without any great difficulty, noth-
withstauding the fact that the Bul-
(Continued  on   Page   Four.)
Plans Formulating
For Great Lumber
Business Here
There is a prospect that in connection with the lumbering revival in
this district, Prince Rupert is to come
into its own. F. ,1. Durling, of Detroit, who is associated with the mills
at Port Simpson that have just been
acquired and are to be put into full
operation is in the city, accompanied
by his son, R. K. Durling. His plans
are not fully maturerd yet, but it is
quite possible that works for the
making of boxes, tho dressing and
kiln drying of lumber sawn at Port
Essington, and other features in the
mill line may be carried out here.
Mr. Durling will, next summer,
take up his residence in Prince Rupert with his wife. He controls considerable limits, some of them in the
vicinity of Alice Arm. He is studying the whole situation and has quite
extensive plans in view.
 o	
The members of the Anglican
Church, XV. A., desire to thank all
those who sent in donations to their
sale of work, and those who so ably
carried out the evening's programme.
United States
Threaten Break
I^IH^IH With Austria
Washington, Dec. 10.—Diplomatic
relations with Austria are in grave
danger of being broken off over the
sinking of the Ancona. Unless a
satisfactory reply is received from the
Austrian Foreign Office, to the
American note sent on this subject,
complications may follow.
Emperor William, of Germany, has
personally recalled the naval and the
military attaches of the German Embassy. He requests that safe conducts be procured from the Allies
for these officers on their way back.
Ohara And Nagano SentencedVTo
Ten Years Each After Being Convicted
Of Manslaughter By The Jury Yesterday
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New Year Eve Bali
In Mclntyre Hall  on the evening of
December 31
Under the Auspices of
Queen Mary Chapter and Hill
00 Chapter of the Daughters of ti
the Empire. 5
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Yesterday in Ihe Assize Court the
Japanese trials in connection with the
death of Jack Pittman, in Port Essington, on July 30 last were all concluded. Ohara and Nagano were
found guilty by the jury of manslaughter. Komeda, on the charge of
assault with intent, was found guilty.
At eight o'clock last night His Lordship, Mr. Justice Macdonald, passed
sentence on them. Ohara and Nagano were sentenced to 10 years
each. Komeda having been in jail
for over four months, with a murder
charge hanging over him, was allowed his liberty on suspended sentence.
The trial judge's remarks upon
the passing of sentence were delivered in a very impressive manner.
His words were well chosen and in the
highest sense of the word judicial.
The court room was crowded at the
time, but not a sound could be heard
except the clear strong voice of His
Lordship, and the strangely different
tones of the court Interpreter as he
translated them to the prisoners, his
voice being almost inaudible at times.
His Lordship in sentencing Ohara
and Nagano said:
"You received a fair trial. V'ou
were charged with the serious crime
of murder, but the jury took the
view that the crime was only manslaughter: in other words, that there
were extenuating circumstances
which reduced the graver crime to
the lesser. As far as the killing of
John Pittman is concerned, I am
quite satisfied that the jury was correct in flndii g you both implicated.
There is little that can he said in
your favor, as far as your conduct
was concerned on the evening of the
murder. You did not control your
tempers, and gave lull vent to your
passions and caused death to a man Ohara's   mind   was   carried    to thelsion under oath or his state on tha*
who came to your restaurant peace- kicking of poor Murphy while on the nigh I   compensates  for him  In  some
ably.    He and his friends were with- ground,
out weapons of defense.  You had at --Jt  is
your disposal knives that you used,
and I am quite satisfied you both used
knives.
"The provocation that saved you
from the more serious offense being
found against you, was one which you
might have met by simply brandishing the knives and ordering Angus,
Pittman and Murphy out of your
cafe.. You gave, however, these men
no chance of escape, but followed
ruthlessly through the door out Into
the street.
"You, Ohara, stabbed Murphy reckless whether you murdered him or
not, and then grabbed by Pittman
to save himself, your friend Nagano jmainder of your  days   to  imprison
the duty of a court In inflicting punishment if possible to extend mercy, but if I were to allow
sympathy and mercy to prevail lo
such an extent that you were to be
al'owed to serve your sentence, after
a few years only in the penitentiary,
it would be putting a premium on
those who might see fit to let their
tempers find sway and do lo death
innocent persons.
"You sent John Pittman to his
death that night without a moment
of warning. He was a man of repute
in the community. His life was as
dear to him as is yours to you. I have
the power to sentence you for the re-
struck the fatal blow. Not satisfied
with that, you reeked your revenge
on Angus and inflicted a blow that
might, have caused his death.
"Had this occurrence taken place
in the Western States, some of the
white people would perchance have
had some weapon to defend himself
with, hut In our country the carrying
of weapons Is frowned down I am
glad to say. I can add little, except
to   repeat   that   the   \engeance' In
ment, so that no more would you be
a menace to the community. But I
do not deem it necessary or advisable
to go to that length.
"I can see very little difference
between the two of you. Nagano
seems to have got control of himself
quicker than Ohara. Ohara was completely oul of hand, and according
to his own admission, ready to kill
anyone who had been In the cafe
that   night.     But   his   candid   admis-
Geo. D. Tite Grand Holiday Drawing.
For every $2.00 Cash purchase en.
titles you to a chance on .'I prizes.
White Rotary Sewing Machine, Library Table and Ladies Desk.
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BULGER & DENIKE
Successors to Wark's
Have received   several New Shipments Of
Pearl Set Necklets and Brooches
The prices this year are  quite low as the
factories are anxious to reduce stocks.
measure.
"Nagano, by his counsel, is said lo
feel keenly (his charge; but he saw
tit to add to his crime thc crime of
perjury. In my opinion his story
was false, and the story told by
Ohara  essentially  the  truth.
"1 have expressed myself somewhat at length so that you may appreciate, if possible, the gravity of
the offence. You will be confined to
the penitentiary for a period, and
during that time, try and come to
the conclusion that it is necessary to
keep control of your tempers, and
more especially not to resort to deadly weapons for the purpose of resenting provocation or insult.
"The sentence of the court is, for
the offense of which you have been
found guilty, thai you lie confined
in  penitentiary for ten years."
His Lordship then dealt with Die
two crimes to which they had pleaded guilty, that of assaull with intent.
lie sentenced Ohara to three years
for the assault on Harry Murphy, the
term to run concurrently with the
oilier. In the case of Nagano lie
passed sentence for the assaull on
Angus for a similar term.
Addresses Of Counsel. I
When court opened In the morning, T. Shoebotham for Nagano addressed the jury. He contended thai
Ohara had started the trouble with
Carlson. Throughout Ohara was in
a rage, while Nagano maintained his
calm demeanor. Analysing the evidence to some extent, he argued thai
bis diem was no guilty of the of-
fContlnued on Page Three.)
SOME GOOD WORK
DONE IN WEST
FRENCH  ARTILLERY  ACTIVE  IN
ARTOIS SILENCED
ENEMY
Violent   Artillery   Engagements   On
The  Belgian
Front.
Paris, Dec. 10,—Our artillery has
been active today, especially in Artois, where we silenced two of the
enemy's batteries. We did some effective firing of the enemy's works
In the region of Quennevelres In Ar-
gonne.
A. Belgian official report says tbe
day has been marked by violent artillery engagements. Our batteries
did some effective firing against the
enemy's concentration points and
also towards Woumen.
CHANGES AT SCHOOL
ARE RECOMMENDED
CORONER'S II"IIV BRING IN  VERDICT OF ACCIDENTAL
DEATH
'List   Of  Recommendations  Made  In
Connection   With
Building.
The inquest into the circumstances
connected with the death of Garnet
MacPherson was held yesterday. The
jury was as follows:' J. Y. Rochester,
(foreman) F. J. Bowness, Geo. Hill,
Martin O'Reilly, Max Heilbroner, D.
J. Corley.
(Continued on rage Two.)
 o	
Handkerchief sale will he given In
basement of the Methodist Church on
Saturday, December 11 Hi, from 2 to
7 p.m. Musical programme during the
afternoon.    Refreshments Berved. if
Let your Holiday Buying be com-
fori (<> th.- homo,   A Handsome Easy
Chair,   Rocker or Couch,     Geo
.   D.
Tile's Furniture Store.
 o	
DO VOI   WANT CASH?
List   your   Lots   und   Houses
for
Vm Hon Hale h Ith F. \v. t-tart.
tf.
tititttiatiqatiotitititiaoqtiqatitiqqqtitiaqtitiow
New designs in Dressers and Chiffonier-—just arrived. Remember,
for every $2.00 ("ash purchase you
receive Three chances in Grand Draw.
Geo.  IP. Tite, The Hon-,- I'litu-
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Gartong's and
Neilson's
CHOCOLATES
nt
ORME'S
All kinds of fancy Christmas
packages, make your selection
now.
aaaaoa -KHJ0.I chki o-o o chj-o-o cwh. oa Saturday   December 11, 1915.
PRINCE RUPERT JOURNAL
-
v  9th  of Dec.,  1916.
$rwcc muuert journal; ,.Aml W€ condemni in as BtronB a
Telephone  138.
O. H. NELSON, Editor.
Office: 12S Third Avenue East,
tear McBride Rtrs**'. Telephone 138;
Por.iuHk-e Box 0u7.
DAILY   EDITION.
Published   every   morning   except
Monday. Delivered by carrier in the
city at rue following rate, if paid in
advance:—
One Year    ?fl-0u
Six  Months         *2-B0
Three  Vontl a    JU-25
If   not   paid   in   advnee,
per   Month        $0.50
Published every Friday for cir.cu-
.ation outiide the City of Prince
Kupert at $2.00 a year, addressed to
points in Canada; or $3.00 a year to
all points in the United Kingdom
the United .-.tates or other foreign
counu-ies.
Advertising  Hates .I'pon   Application
Telephone  188.
5SgP
I manner as possible, the existing conditions at the Borden Street School
in being a menace to the safety and'
welfare of the school children, and
we ask that the following changes
be  made imm   liately:    -
1   All   s   ill-    'ails   and   balustrades
Saturday, December 11, 191"
NOT  EVEN  EXCITED.
The News is fenrjul lest the Journal might become "flabbergasted"
upon learning that M. M. Stephens
had accepted a governrhenl position
at the Digby Island marine station.
The Journal was not even excited,
let alone "flabbergasted" over the information. M. M. Stephens is an excellent appointment, admirably qualified for the post, and we would like
to know why he should not be appointed. Mr. Stephens is filling a
vacancy temporarily nia^e vacant by
the enlisting of Mr. Beak for service
in the overseas forces.
CHAFES AT DELAY.
The Liberal organ chafes at delay
on the part of the departments of
the Government to act on the re-
qiK-'s of the Conservative Association in the city. The News ought
to know that Governments and government officials never act without
due deliberation. The Conservatives
sometimes complain of tho decorous
delay   that    follows   representations,
LIQUOR ACT, 1010.
(Section 10.)
NOTICE is hereby given that, on
he First day of December next, application will be made to the Superintendent of Provincial Police for the
renewal of a licence for the sale of
liquor by wholesale ir. and upon the
premises known as Beaver Whole-
hut the News is still more impatient, sale Liquor Company, of Prince Ru-
Mr.   Cunningham,   knowing   be   was   l]ert, Limited, situate at 708 Fraser
be fitted wi- a steel wire screen
of sufficient ' ght, not less than two
feet, so thai lildren can not climb
oi slide on tl n balustrade.
2 Thai the fire escapes at both
ends of the school building be replaced by iron  Are escapes.
3 That all outside rails and
grounds pertaining to the school,
that are a menace to the children,
be protected.
•I That a telephone for emergency
purposes only, be installed In a suitable place in  this building.
5 That a stretcher be procured
and kept In a convenient place in
the  school   building.
6 That an electric light be placed
in such a position as to thoroughly
light the stairway leading from the
first floor to the basement.
7 That a supply of first-aid bandages be kept in readiness for emergencies.
S That a direct lire call should be
installed at once with centra] station.
0 That all other school buildings
in the city he inspected by the city
building inspector and made to conform with the foregoing recommendations if necessary.
 o	
New designs in Dinnenvnre, 87
piece sets at Geo. D. Tite's. Special
Holiday Discounts.
 o	
Be prepared for the campaign of
the local Patriotic Fund  Committee
LAND ACT.
TAKE NOTICE that I, Miles Mac-
Innis, of Anyox, B. C, occupation
merchant, intend to apply for permission to purchase the following described laud: Commencing at a post
planted about 1,500 feet distant in
a southeast direction from the shore
of an unnamed lake situated near
the summit of Ihe divide between
the head of Alice Arm and the Naas
River, being about sixteen miles in
an easterly- direction from the head
of Alice Arm, Cassiar District, B. C.
Thence south 80 chains, thence west
SO chains, thence north 80 chains,
thence east SO chains to the point
of commencement, and containing
(140 acres, more or less.
MILES MacINNIS,
Applicant,
Carl Bowman, Agent.
Dated Nov.  23,  1915. w-d-1
ccming north to investigate all matters connected with the fishing industry, delayed action on the request
of the local Conservative body until
he arrived on the scene. The News
now awakens to the fact that this,
delay was very unwarranted. As a
matter of fact, no great inconvenience seems to have been caused however, as the herring are not to be
found  in  quantity jtisl   now.
CHANGES AT SCHOOL
(Continued trom Page One.)
The verdict was as follows:
"We the undersigned jurors, appointed by .1. II. McMullin coroner,
to enquire into the cause of the death
of Garnet MacPherson, find that the
deceased came to his death hy accidentally falling from the balustrade
on the second floor of Ihe Borden
Street School, on the afternoon of the
Street,  Prince   Rupert,  B.  C,  upon
Block    (32)    Section    (1)    City    of
the lands described as Lot  (15-16),
Prince Rupert, B. C.
Dated this 18 day of September, 1915.
THE   BEAVER   WHOLESALE
LIQUOR CO., OF PRINCE RUPERT LIMITED,
GEO. A. SWEET,
Manager,
Reduced Price of
MILK
The Standard Dairy
will  deliver  pure  milk of  its
usual high standard
at 5 cents a Pint
or 10 cents a Quart.
Phone Standard Dairy.
Prince Rupert Transfer Co.
• •-*■—,        --FOR-
. Coal, Furniture Moving, Baggage
and Heavy Teaminf
vV. J.  CRAWFORD, Manager
PWnAffi1     E\(\f\ Oflice and  Residence:
*   nKJlSCt     l/OO 1OO0 THIRD AVE.
5rKHKH>lKt0«HKHKH*_K.^^
MINERAL ACT.
li-'orm F.)
Certificate Of  Improvements.
XOTICE.
"Edith M.", . Glenora," "Oneda,"
"Cobalt Fraction," "Evans," "Granby," "Railroad," "Ayrshire," and
'Motherlode," Mineral Claims, situate
in the Portland Canal Mining Division of Cassiar District. Where located, ou American Creek.
TAKE NOTICE that Pacific Coast
Exploration Company, Limited, Free
Miner's Certificate fco. 93.862B, intend, sixty days from the date hereof, to apply to the Alining Recorder
for a Certificate of Improvements,
for the purpose of obtaining a Crown
Grant of the above claim.
And further take notice that action
uhder section 85, must be commenced before the issue of such Certificate of Improvements.
Dated this 4 th day of October, /A. D.
1915. t-o-26
NOTICE  OF  SHERIFF'S  SALE
IN    THE     SUPREME     COUKT    OF
BRITISH  COLUMBIA
Between
MICHAEL  SEEBDRG,  Plalntilf
and
W. .1. KENNAUGH,  Defendant.
PURSUANT to an Order of His
Honor, Judge F. McB. Young, dated
tbe 4th day of June, 1915, I will offer
for sale by public auction at my office
in the Court House, Prince Rupert,
B.C., on MONDAY", THE 20TH DAY
OP DECEMBER, 1915, at the hour of
ELEVEN O'CLOCK In the forenoon,
the following described lands: —
Lot Fourteen (14), Block Twenty-
one (21), Section Six (6), in the City
of Prince Rupert, Province of British
Columbia, sublet to a Judgement for
th-. amount of $1,519.74; interest
thei eon at the rate of five (5) per
cent, per annum from the 22nd day
of December, 1914, and costs incidental to tho sale.
Dated at Prince Rupert, B.C., the
7th day of June, 1915,
J-9-6. JOHN SHIRLEY
Sheriff of the County  of   Ytihl.
MINERAL ACT.
(Form F.)
Certificate of Improvements.
NOTICE.
Last Laugh No. 2 Frac; Last
Laugh; Point; Last Laugh No. 3
Frac; Never Sweat; Grey Eagle and
Triangle Frac, Mineral Claims,
situate in the Portland Canal Mining
Division of Cassiar District. Where
located, at Swamp Point, Portland
Canal, B. C.
TAKE NOTICE that I, J. Fred Ritchie, Free Miner's Certificate No. 90,-
071B, acting as agent for the Granby
Consolidated Mining, Smelting &
Power Co., Limited, Free Miner's Certificate No. 90.810B, intend sixty
days from the date hereof, to apply
to the Mining Recorder for a Certificate of Improvements, for the purpose of obtaining a Crown Grant of
the above claim. And further take
notice that action, under section 85,
must be commenced before the issuance of such Certificate of Improvements*.
Dated  this 20th day of Oct.   A. D.
1915. w-d-1
J. FRED RITCHIE, Agent.
The Horning Journal
50c. per Month
CLEAN UP AND PAINT UP NOW
O-CEDAR     M   IS, O-CHDAR MOP  POLISH
ALABASTINE   SANITARY  WALL  COATING
WATER HOSE, GARDEN TOOLS. WATERING   CANS
MART1N-SENOUR  100   PER 0* \'T. PURE PAINT
PAINT  BRUSHES,  LAWN  MOWW16 AND GRASS SHEARS
CARPET    BEATERS,  GARBAGE  PAT'S
WINDOW   SCREENS, SCREEN I<8
—AT THE—
KAiEN HARDWARE CO., 608 Thirdav.
Capt. J. McGee
M.M.S.A.
Musters und Mates prepared
lor examination. Compass adjuster.
Phone Red 502
"NAUTICAL   ACADEMY"
Helgerson Block, opposite
Royal  Hotel
ttaotitia aati&tititititiatittiPtiatitiAaaa:
ajH^a^aaamaatitiaaxtawqaaaa^aa^
B. C. Undertakers
Funeral Directors nnd Eni-
bulineis — Sultsf action Guaranteed — Open Day and Night
117 BtfCond Street Pbone 41
Bruce  Morton    ■     •    Manager
l«H>»aiWKHKl«HKHKH»lK«HmH^
SYNOPSIS      OF      COAL      MINING
REGULATIONS.
Coal mining rights of tho Dominion in Manitoba. Saskatchewan and
Alberta, the YuVon Territory, the
Northwest Territories and a portion
of the Province of British Columbia,
may be leased for a term of twenty-one years at an annual rental of
$1 per acre. Not more than 2,560
acres will be leased to one appJlcant.
Applications "-!' a lear- must be
made by the applicant in person to
th- Agent or Sub-Agent of the Jis-
tric in which thc riglits ..pplied for
are situated. ■
In surveyed territory tbe land
must !.e described by sections, or
legal subdivisions of sections, nnd
in unsurveyed territory the tract applied fiir shall toe staked oat by the
applicant himself.
Each application must be accompanied by a fee of t>5, which will be
refunded if the r.ght_ allied for are
not available, but not otherwise. A
royalty sliall be paid en the merchantable output of the mine at the
rate of five cents per ton.
Tho person operating the mine
shall furnish the Agent with sworn
returns accounting for the full
quantity of merchantable coal mined
and pay the royalty thereon. If the
coal mining rights re not being operated, such returns should 'ie furnished at least once a year.
The lease will include thc coal
mining rights only; but tbe lessee
may be permitte.1 to purchase whatever available surface rights may be
considered necessary for the working of the mine at the rate of $10
per acre.
For full information application
should be made to t..c Secretary of
the Department of the Interior, Ottawa, or to any Agent or Sub-Agent
of Dominion Lands. »
W.  W.  CORY,
Deputy Minister of the Interior
Skeena   Land   District—District   of
Queen Charlotte Islands.
TAKE NOTICE that R. N. Ferguson, agent, Victoria, B. C, and A. M
Hall, manager, Vancouver, B. C, intends to apply for permission to prospect the following described lands for
coal and petroleum: Commencing at
a post planted 100 chains east and
60 chains north of the mouth of
Joseph Creek, to the southeast corner
of C. L. No. 10,M8, thence 80 chains
north, thence 80 chains east, thence
80 chains south, thence 80 chains
west to the point of commencement.
R. N. FERGUSON and A. M. HALL
Name of applicants
G. W. KERR, Agent.
Dated July  17, 1915. w-s-15
MINERAL ACT.
(Form P.)
Certificate of Improvements.
NOTICE.
"Rosalie" Mineral Claim, situate in
the Portland Canal Mining Division
of Cassair District.
Where located: South fork of Glacier Creek.
TAKE NOTICE that I, William
Spruck, Free Miner's Certificate No
80.499B, intends, sixty days from
the date hereof, to apply to the Mining Recorder for a Certificate of Improvements, for the purpose of obtaining a Crown Grant of the above
claim. And further take notice that
action, under section 85, must be
commenced before the Issue of such
Certificate of Improvements.
Dated this 27th day of September,
A.   D.   1915 o-6
The Morning Journal  delivered to
your home at 50 cents a month.
Snap In Real Estate
Choice Lot with Building on it for
$2,200 Cash
Lot 12,     Block 9,     Section 1
APPLY TO
GEORGE BRODEEIUS
i^»*KH»<HriW!»»«-a«^ - woaaaootitioatiwati-.
LIQUOR ACT, 11)10.
(Section 42.;
NOTICE is hereby given tbat, on
thc first -Jay of December next, appli
cation will be made to the Superintendent of Provincial Police for renewal of the hotel licence to sell
liquor by retail in the hotel known
aa the Granby Bay Hotel, situate at
Anyox, in the Province of British Columbia.
Dated this Sixth day of Sept., 1915.
Granby Bay Hotel Company, Limited.
J AS.  CHURCHILL,  Manager.
t-s-14 Applicant.
HOTEL DIRECTORY
Members of the Prince Ruport
Licensed \ Intners' Association
WINDSOR HOTEL
Cor.   of Firs*   Ave. and   Eighth
IV. H. WRIGHT. Prop.
HOTEL CENTRAL
First Ave. and Seventh St.
European  and  Americun   '.'bins
$1.00 to $2.50 Per Day
Peter Black, Prop.
KNOX HOTEL
First    Ave.    Between    Eighth    and
Ninth
European  Plan;   Rates  oOc to $1.00
Par Day
Desncr A1 Besner, trope.
EMPRESS HOTEL
3. Y. Rochester v. 11. Casley
Third A>e. Between Si.tii nnd
Seventh Sts.
European  Plan;   .Klc to $1   Per Dny
J. H. HILMTCii
Contractor and Builder
Estimates given  on all   classes of
work, whether small or large.   Personal attention given to every  item.
PHONE GREEN 321
HOVAL HOTEL
Oorloy <S Burgess, Props.
Third Ave. nnd Sixth St.
European Plan Steam Heated
BEAVER     WHOLESALE     LIQUOR
CO.. LIMITED
Second Ave. und Sixth St.
Phone 102
'RINCE RUPERT IMPORTING CO.
LIMITED
Empress Hotel Building—Third Ave,
Phone 7
FREDERICK  PETERS, K.C.
Barrister, Solicitor and Notary Publl.-
" Office In
EXCHANGE BLOCK
Skeena Land District—District of
Queen Charlotte Islauils.
TArvE NOTICE that Albert Scott
Lock, of Victoria, B. C, occupation
broksjr, intends to apply for permission to prospect thc following described lands for coal and petroleum:
Cemmescing at a post planted 160
chains east of the north east corner
of Lot No. 2,771, near Otard Bay,
theno* south 80 chains thence east
80 ahalns, _thence north 80 chains,
thence west 80 chains to the point
of commencement.
ALBERT SCOTT LOCK,
Name of applicant
G.  W.  KERR, Agent.
Dated July 19, 1915. f-s-17
Skeena   Land    District—District   of
Queen Charlotte Islands, Graham
Island.
TAKE    NOTICE    that   I,    Theed
Pearse, of Vancouver, B. C, solicitor,
intends to apply to the Chief Commissioner of Lands for a license to
ptospoct for coal  and  petroleum on
and   under  the   following  described
lands:    Commencing at a post planted one mile west of the mouth of
Naden    River,    at    Naden    Harbor,
thence south 80 chains, thence east
80  chains,  thence  north  80  chains,
thence  west  80   chains  to point  of
commencement, containing 640 acres
more or less. North West Corner.
THEED   PEARSE,
Name of applicant,
o-9 Samuel   Horner, Agent.
Dated .be 10th day of August, 1915.
Pacific Cartage|^Limited
General   TefUliOig
Furniture  Moving a  Specially.
When you  buy COAL buy the BEST
— Ladysmlth  Lump  or  Couiox
Washed  Nut.
TheQueai Charlotte
Oil Fields Limited
Olllce will open  today in Law-llutler
Iluildiug for sale ot a limned
amount of   Treasury Stock
GEO.  F.   MACDONALD,   Sec.-Trens.
New Wellingten
Coal
The Favorite Household Coul
Cleanest, Brightest and Rest
Rogers & Albert
Second Aveuu.
3t-w-2-w.
i'houe 116
PHONE 5S4 P.O. BOX 60
FOR
APERHANGING
AIMING
OLISH1NG AND
WALL TINTING
HIGH-GRADE    INTERIOR
DECORATING    A    SPECIALTY
Martin Swanson
SECOND AVE. MUAR .MeBRlDB
wtiatiXMitiatitiaa&MtaatiMtiaaa
THE MOST COMFORTABLE
TOURING CAR
IN THE CITY
Answer* all calls day und night
Phone 99
Stand:    Hotel   Prince   Rupert
DR. INMAN
Eye Specialist
Glasses Accurately
Fitted
ioaatiaaam
WALKER'S MUSIC STORE
Corner Second Ave and 4th St.
Pianos and other  musical  Instruments for sale.
Pianos to Rent.
A   largo   assortment,   of   sheet
music. Classic songs and music,
and all the popular selections
.-, of the dayc ...
The   Morning    .Tournal    50   cents
per month. -•RINCE RUPERT JOURNAL
Saturday, December 11, 191!
OHARA AND NAGANO
SENTENCED
(Cont nued trem Page One.)
tense.
L. W. Patmore, for Ohara, argued
that it looked like concocted evident on the part of Mrs. Komeda,
who swore she could not see hei husband.
The t Idence of Ohara was given
very frankly, lie did not deny that
he stabbed Murphy. It was the evidence ol :i man telling the truth.
It would be necessary for the jury
to decide whether this was premeditated. The Crown had not shown
is contended, lhat the trouble was
over and the .laps driven back before the assault began. The reasonable story was that of a continuous
lighi. While men under the same
conditions would have used revolvers
had they found them. A knife to a
Japanese was similar to a revolver
to a white man. If they found there
was no pre-medltation, and no concocted action, then it was necessary
for the jury to decide who struck
the fatal blow. Thai blow to Pittman
was not by Ohara.
Analysing the evidence given, Mi.
Patmore argued that it was Nagano
struck the falal blow and nol Ohara.
The clothes of Ohara were no! covered with blood. li was Nagano's
clothes that had the blood on Ihem.
W. E. Fisher, for the Crown, said
that it had been his intention to analyse the evidence of the various witnesses, but Ohara having gone into
the box and given that, he was bound
to believe it was a very truthful
statement, he would not dwell at
length on that part.
The evidence of Ratchford and
Pierce, who were very cool, was lo
the effect that Pittman was stabbed
on the platform. It was Nagano
they could feel confident struck the
blow.
Mr. Fisher contended there was
quite a distinct lull in the proceedings after Angus chased the .laps
back into a corner with the dishes.
This allowed Ihe white men to get
out. The Japanese made for the
back window, evidently intending to
get out. They changed their minds
and came forward with the weapons.
He called attention to what seemed evidently manufactured as between
Komura and Mrs. K meda, who saw
the same situr ni s :'i\.m the window
at different times.
Angus at the time of the arrest
when everything was fresh, had said
to the constable when he arrested
Nagano, "You've got tbe right man."
The statement that Nagano took
the clever for protection was nonsense. He could have got the best
of protection behind a corner close
to where he was.
In his charge to the jury, His
Lordship pointed out that malice
aforethought was a necessary feature of murder. The killing having
been proven it remained with the
accused to prove that there was no
aforethought. If they believed Angus,
they could believe that the fatal blow
was struck by Nagano. In corroboration they had the evidence of Murphy, Ratchford and others. They
would bear in mind the contradiction
as to the weapon carried by Nagano
as to whether it was a knife or a
clever.
They might also consider whether
both parties were implicated. Sup-
! osing they found that Nagano indicted the fatal wound, they would
have io consider how far the other
man was guilty. In the eyes of the
law the person presi-nt and abetting
was just as guilty as the one committing the ait. They had a right
to consider whether there'was a con-
certed ai lion on thc part of the two
men; that tlie> moved together in
the attack; and that they had weapons calculated to cause death. They
would he entitled to consider whether
the accused were justified in making
the attack upon the white men, in
view of the attack made upon them,
and whether the attack outside could
not be considered as a continuation.
If they found concerted action then
the  two men  were equally  guilty.
The presumption is that once a
hoinocide is proved It is murder, unless >t is otherwise proven. There
had been no attempt by counsel for
the accused to prove justification
from self defense. Murder could be
reduced to manslaughter if there was
sufficient provocation. Under the
code this provocation must have been
such as to arouse an ungovernable
: assion, sufficient to deprive an ordinary person of the power of self
control, if he acts before having
time to allow his passions to cool.
The standard upon which they were
to base their judgment, was that of
an ordinary person. He pointed out
that these two men being Japanese
were entitled to just the same consideration at the hands of an English
jury as those of their own race. The
jury would have to decide upon the
sufficiency of the provocation to warrant a reduction from murder to
manslaughter.
Referring to the circumstances, he
said that these accused men were on
their own premises. The white men
came to get meals as was their right.
The advent of Carlson In li drunken
condition, which often caused
trouble. When Carlson wns brought
back and Ohara began to discipline
him, all parties were out of a normal condition of mind. Making reference lo the attempted escape
through the window. His Lordship
said that was not a course that an
owner of property was entitled to
take, but rather to hold their ground.
It would be for Ihe jury to decide
whether they wenl farther than that
In what they did.
There were bound to be discrepancies in the account of events that
took place, especially in such a one
as this, where there wns a good deal
of excitement. They should give due
consideration to these, leaning towards the accused. If a reasonable
doubt, arose the accused should have
the advantage of it. He could not
say where the doubt might arise.
The jury were the judges of the
facts. When these were established,
then they should draw a natural conclusion.
The jury retired at 12 o'clock.
At 4:20 they returned with a verdict
of guilty of manslaughter.
The prisoners showed little or no
emotion as the verdict was given.
Ohara heaved a sigh, but no change
could be seen on the face of Nagano.
Before dismissing the jury His
Lordship expressed bis satisfaction ar
the -iction of ihe jury throughout.
They had shown that they were men
I who    cry fully appreciated  the duty
|they had to perform, and had shown
marki d attention throughout. He excused them from further duty during
the   \ ;size.
In the evening Ihe prisoners appear'
ed for sentence, Mr. Shoebotham
made a plea for Nagano. lie polifted
out that he was a young man, scarcely past the hounds of youth. lie
asked that the judge take into consideration that the lesson would fit
him for an honorable future. He
asked that he make the sentence as
light as possible. He felt it very
keenly, and.he felt that any leniency
would not be misdirected as far as
Nagano was concerned.
Mr. Patmore, for Ohara, said he did
not. wish to reiterate what had been
said. He urged that some clemency
be shown in view of the fact that
the prisonerr had so frankly confessed all he did and threw himself on
jthe mercy of the court.
'lis Lordship thereupon addressed
I himself   to   the   prisoners   as   given
i above.
KOMEDA GOT OFF.
fContinued trom Page One.)
Genuine Wellington Coal I
OUR   COAL LASTS   LONGER—IT'S THE REST.
ti
Phone 15—Prince Rupert Coal Company   §
i5cHWiKHKH-l<i--H>r*»-iKKHKW^
LUMBER
Coal, Cement, Plaster and Brick
AND A COMPLETE LINE OF BUILDERS' SUPPLIES
WESTHOLME LUMBER CO., LTD.
First Avenue       Prince Rupert       Telephone 186
■.:.-,,_)_•..-■.. -r. .> .-c-ootii><,c.o-uiHiatie.ati-tiaooatitiattti<Hiotitiai>tititi
Mr. Fisher in oul lining the case,
referred to the dispute at the restaurant of Nagano's, in which building the accused had an interest. It
was charged that Komeda had taken
a crutch and assaulted Murphy, a
lame man, in the restaurant.
John Wesley, an Indian, testified
that he saw Komeda holding Murphy
against the counter. He saw knives
taken, but Komeda did not have a
knife.
Cross-examined by Mr. Peters, witness said he never saw Komeda
strike anyone.
Robert Angus called, said he saw
through tho broken window of thc
cafe, Komeda smashing Murphy ovei
Ihe head, with a crutch.
Cross-examined by Mr. Peters, witness said that the row slarted when
Komeda and Ohara took Carlson Into a corner.
Mr. Peters asked why witness did
not say at the preliminary hearing
that he saw Komeda strike Murphy
in~the face.
Witness did not know whether he
stated that then. It was the truth
anyway.
He did not think that he hit Komeda with a dish.
Upon resuming in the afternoon,
Harry Murphy was called as a witness. He testified to Komeda having reached for one of the crutches
of the witness as he sat on a stool.
The accused struck at Carlson. Witness tried to get out with one crutch
but could not do so. Komeda took
his other crutch and witness fell to
the floor. Komeda then began beating witness. Ohara came to the assistance of Komeda.
Cross-examined hy Mr. Peters, witness said that he eventually went
nut.
Harry Berryman had known Komeda for five or six years. He saw
Komeda outside strike with a crutch
and be told him not lo do it.
Cross-examined, witness said he
knew nothing against Komeda's char-
of the police station. He had a flashlight in his hand and asked about the
police.
Dr. R. XV. Large testified to Murphy having an abrasion over the left
eye. There w. re ither abrasions aboiil
the head over the nose. The mar
had loss of sensation and loss of
pb« i on about half of the body—
the right half.
Cross-examined by Mr, Peters, witness said the wounds on th< Caci
might have been caused when he fell
do .11. If he slid. They were not serious wounds.
He had lived In Port Esiin_ton in
thi.- summers for five years. He knew
nothing against him
Mr. Peters, outlining Hie case for
the defense, said that Komeda wa:-
arrested for murder and al' kinds
of charges. -It had dwindled down
to a common everyday garden variety
of assault, capable of being tried by
a police magistrate. He had been held
In jail since July 30.
Mr. Fisher In addressing the jury,
pointed out that while Komeda wa =
charge I with the others with murder,
it was found that Komeda should h°
charged with assault upon Murphy.
Murphy who had only one leg took
no pari In the fight. He sat as fains he could get from the fight after'
he could not get out. Komeda took
his other crutch away and then beat
him on the floor. Outside, evidently
Komeda had hit Murphy acain.
Mr. Peters would doubtless try to
[make out tbat Komeda was a peacemaker; that be ran to get the police.
But the evidence went to show that
/the man, after coming back, hit Mur-
'phy as he lay on the ground.
Mr. Peters in addressing tbe jury,
said that they came fo-.vard with
a statement by Angus that the accused hit Murphy with a crntcii,
which evidence he did .. ,t ghe in
the magistrate's court.
Mr. Fi her took exception to this,
saying Angus said he did testify to
that, but the magistrate did not take
it down.
Mr. Peters did not. believe any such
statement. The depositions were
taken before Major McMullin, as
careful a magistrate as there was in
thc country, aid he would not. have
overlooked such a st. 'i?ment.
The man should never have been
sent up for murder. There was no
evidence that Murphy was hit by Komeda on .the ground.
Mr. Peters said nobody regretted
the charge more thar Komeda. He
had suffe-ed a very considerable punishment in ' eing in jnil nearly five
months. Tie had been put to a very
heavy loss '.n ■ business way. Then
wore many witnesses who spoke well
of the convicted man He had got
In communication with local wholesale firms an 1 they had, in dealings,
found him a very honorable man. He
Is a marri r' man. After regard to
all the circumstances very generous
treatment could well be Invoked.
, In charging the jury, His Lordship
pointed out tbat the evidence showed
that the accused took away the crutch
of Murphy, a cripple. If the evidence
were believed there was no evidence
against it. If ihe jury regarded this
as a trlval mailer, they could do so.
Thai  was no- the view he took of it.
His Lordship pointed out that he
was liable to a three-years term. He
pointed out thai he had had the
charge of murder hanging over him.
3 TRAINS WEEKLY
MONDAY
TH IDSHAY
10:10 A. M.
TO  EDMONTON, SASKATOON,
GINA,  WINNIPEG, ST.  I'AI L.
CAGO,    EASTERN    CANADA    AN >
UNITED  STATES
CHANGE I.   STEAMER SAILINGS Mil
Winter Schedule, Effective 2nd   Nov.,   1810,   From      -in
For Vancouver, Vict     band Seattle:—S.  S.  Prince     "i
Tuesday 0 a.m.   S.S. Prince George,  every  Saturday  9 u
Anyox, Granby liny, every Thursday at midnight.
UNEXCELLED EQUIPMENT        CHARACTER SERVICE
Ruperl
t. every
m.    Foi
S GO EAST V1A
"ROVTE OF INNUMERABLE MARVELS"
and   Combine   Pleasure   WithBusln< -<8.
TORONTO,   HAMILTON.   LONDON.  OTTAWA.   MONTREAL.
ALL POINTS IX  EASTEHN CANADA AND UNITED STATES.
Including New York and Iloston.
SOME OF THE ATTRACTIONS
The wonderful scenic "Skeena" and "Fraser" Itivcrs, followed
by tbe unsurpassed "Yellowlie.-ul Pas-'' through the Rocky Mountains  it their best.    "Mount Robson"  (J8.500 feet)  Mt. G»iko, ete.
The Golden Wheal llelds of thi Prairie Provinces, thence
through New Ontario, Cochrane, Cobalt, pic.
Tourist and Standard Sleeping Cars Prince Rupert to Winnipeg, ami Winnipeg to Toronto;Leave Prince Rupert 10:30 n. m.
Saturday, Monday and Thursday. Arrive Wind-peg 2:25 p m. Tues-
day, Thursday. Sunday. Leave Winnipeg 5:15 p. m. Tuesday.
Thursday, Sunday. Arrive Toronto 12:0fl p. in. Thursday, Saturday
and Tues lay.
Vul! Particulars Cheerfully Furnished
A.   DAVIDSON,   General   Agent. Plione 200.
| Canadian Pacific Railway j
Lowest rates to all Kustern point* via steamer to  Vancouver  and
fl -        Canadian Pacific Railway.
Meals and Berth Included   on   steamer.
PRINCESS MAQUINNA, SOUTHBOUND,
Sunday, (1 p.m.
PRINCESS  SOPHIA,   FOR  ALASKAN POUTS,
Monday, December 13.
i. I. PETERS, General Agent, comer Third Ave. and Fourth St.
pa OtmOtflKHKHKHKBWHSHK--: W lV«ai>rKHKHKBKKWCWHlWtta-
" THE UNION STEAMSHIP CO. OF B.C. LTD' 1
RUPERT MARINE IRONWORKS AND
SUPPLY CO., LIMITFD
WATERFRONT,   PRINCE   RUPERT
ENGINEERS      MACHINISTS   AND MACHINERY CONTRACTORS
Specialists in Marine Power  Plant.   Oil, Steam, or GasoUne.
B. C. Const Agentsc for tho British Kromhout Semi-Diesel Oil Engine—the most reliable and economical, and the cheapest
power for fishing boats, tugs nr " passenger vessels.
Standard Gas Engine Company's Engines and Parts in stock.
ncler.    lie did not see Komeda Btrlko j H„ als0 nad  „ad  the chance to  give
Murphy. evidence       uis own behalf, and had
H. Murphy recalled, w:h askei by ne a0ne s0 witl ,,,, hope of clear-
Mr. Peterrs if he was kicked by |ng iiimself ie would have added
Ohara as hP lay outside. He said be perjury h ,,. cr|me, That he had
was kicked in the left ear. He was not ,Iont 80 waa ln n)8 favor, 1Ie re.
paralysed below the neck at the time.   terred .,,K0 ,„ thc good nallK, hl. neld
R. Loose, Provincial Police Officer, L ,,,,. community, and told him that
under cross-examination by Mr. thai helped him al the lime.
Peters, said that he found no blood- m. £,ordship fell that Ihe ends of
marks on Ihe clothes of Komeda. He justice could be served by taking Into
had heard lhat Komeda had been a00ount the time he had already been
down to the police station looking connried, and he therefore suspended
for :i  policeman. He bad  no reason j,]- SPnionce foi   'he future,
to disbelieve this.    He knew nothing'	
against   Komeda.
John Lacy, cross-examined by Mr.
Peters, said (hat against Komeda and
his wife he had never heard anything.
On the night of the murder, after
witness had seen the body of Pittman
lying in front of his place, Komeda
cnnip to witness  from  the  direction
IMPERIAL MME IRKS
Engines   Installed   nnd   General
Repairs
Ixy-Acctylene    i'lant   in   Connection
Plione Red 15(1 Third Avenue
WEEKLY EDITION.
S.S. VENTURE—Sails for GRANBY, NAAS, SIMPSON, every Men-
day.
S.S. VENTURE—Sajls fo • VANCOUVER, VICTORIA, SEATTLE,
every   Tuesday,P.M.
S.S. CAMOSUN—Sail, for STEWART, GRANBY, Saturdays, A. M.
October 2nd, ltith,   30th,    November   13th,    27th,
December   llth, 25th.
S, S. CAMOSUN—Sails for MASET, PORT CLEMENTS, Sunday, P.
M. October 3rd, 17th, 31st, November llth, 28th,
December   12th, 26th.
S.S. C..MOSUN—Sails for SKIDEGATE, JEDWAY, IKEDA, Tuesday A. M. October 5th, 13th, November 2nd, 16th,
30th,   December llth, 2Sth.
S.S. CAMOSUN—Sails for BELLA COOLA, RIVERS INLET and the
South, Thursday P. M. October 7th, 21st, November
4th, 18th, December 2nd, 16lh, 28th.
JOHN' BARNSLEY, AGENT, 031 Second Avenue—Phone 508.
»W1KBK1i}&-H1(XhK1{HK8}1KKKHK^
•v V
Steel, Iron, oils, Wire Rope, Batata Beitln, II. ('.     Wood   Pulleys,
Columbian Bronze Propellers, Storage Batteries, Dynamos m-d
V--   ne Accessories.
,-airs- - 'irt-cli-.ss equipment   and staff for machine and ship r«s-
poi.'s. ajji
P.O. BOX 5 TELEPHONE 313
ti&ttttiatiaaati^atiaaaatioaatiraaa&aaiZtioiitioo^
HAYNER BROS
Pioneer Funeral  Directors ami
Einbulnieis.      Open     Day     and
Night,    i,adies1    Assistant   In
At■< ixliiiii-f.
PHONE 80.    710 THIRD AVE.
Pbons Blue 183        ReB. Pbout
UP-TO-DATE
9«
LINDSArS CARTAGE & STQRAGL
126   FOURTH   STREET
JINGLE POT COAL
In handled *by ub. All orders receive
prompt ntientton   Phone No. 68.
»

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