November 3 - 9: Compiled by Dave Humphrey from the archived newspapers held at the Cranbrook History Centre and Archives
1917
Prosecutions under the Prohibition Act … On Monday, 6th instant, two cases came before Messrs. J. A. Arnold and E. A. Hill wherein, in the first case, an offence was charged against the Cranbrook Brewing Company for selling liquor containing more than 2% per cent of proof spirit, contrary to section 10 of the Act and in the second case, arising out of the same occurrence, Harry Hesse, as agent or servant of the Cranbrook Brewing Company, was charged with a like offence.
Mr. G. J. Spreull appeared for the prosecution and Mr. A. B. Macdonald for the defence.
It appeared from the evidence that on the 16th October Hesse was passing along Norbury Avenue, near the Police Station, driving a brewery delivery wagon in which was a keg of beer. Under section 49 of the Act the Chief or Police, or any constable, has a right to search any vehicle which he believes contains liquor intended for sale in contravention of the terms of the Act.
The Chief took the keg of beer from the van and had it removed into the Police Station where two bottles, after having been washed by Hesse, were filled with the contents of the keg. One bottle was sent to Victoria, the second was given to Mr. A. P. Noble, chemist, of the Beattie-Murphy Company, and the keg itself sealed, was returned to Hesse.
These matters having been deposed to by Chief Hersey was corroborated by Fire Chief George Reese. Mr. A.P. Noble produced what was alleged to be the bottle handed to him for analysis of the contents by the Chief of Police.
Mr. Macdonald at once objected, saying that there was no identification of the bottle produced by Mr. Noble by the Chief of Police when he was under examination and that the prosecution could not now mend its hand.
Mr. Spreull argued that he was in no way bound to produce the bottle, as the burden of proof as the right to sell was under section 40 of the Act thrown on the defendant.
The Justices, after retiring to consider their judgment, dismissed the case, holding that it was not conclusively proved that the bottle produced by Mr. Noble was the actual bottle handed to him by the Chief of Police for the analysis of its contents.
The case against Harry Hesse was then proceeded with, and the evidence, as given above, was repeated, except that the Chief of Police now identified the bottle produced by Mr. Noble as the bottle he had handed Mr. Noble for the analysis of its contents.
Mr. Noble proved that the liquid in the bottle contained 6.03 per cent proof spirit on the basis of 57 per cent, or equal to 3.55 degrees of proof spirit on the basis of 100 per cent. The first is based on the fact that proof spirit contains 57 per cent absolute alcohol, the second on the assumption that it contains 100 per cent absolute alcohol.
Mr. Spreull rested his case at this point and Mr. Macdonald pointed out that the information charged an offence by Hesse as an agent, employee, or workman of the Cranbrook Brewing Company contrary to sections 10 and 39 or the Act.
He then read section 39 which is as follows: “Every offence against the provisions of this Act committed by the employee, servant, agent or workman of any “person” unlawfully selling liquor shall be deemed to be the offence of the persons unlawfully selling liquor, and such person shall be answerable for such offence; provided that nothing therein shall absolve the actual offender from guilt and punishment, but he shall be punished also.”
It could not, said Mr. Macdonald, be argued that the Cranbrook Brewing Company, or any other Company, wasa “person” within the meaning of the Act. He asked for a dismissal of the case.
Mr. Spreull called the attention of the Court to the third sub-section of section 39 of the Act which reads as follows: “In the event of an Incorporated Company contravening any of the provisions of this Act, the officer or agent of the Company in charge of the particular premises upon which the offence is committed as well as the said Company, shall be liable to the penalties prescribed in this Act.
The Justices reserved their decision on this point.
Great cigars … Mr. Sidney G. Elmer of Vancouver the popular young traveller for “El Sidelo” cigars, is visiting the city and District this week demonstrating the superiority of the “El Sidelo” cigar.
Insurance claim … Mr. Harry Thomas of Calgary, Insurance Adjuster, arrived in the city last Friday to make an adjustment of the Cranbrook Sash & Door Factory’s claim in connection with destruction of their premises by fire.
Visit our store … Mrs. V. Liddicoat has accepted a position as demonstrator with the Pacific Milk Co., of Vancouver, B. C., and is this week demonstrating the cooking and whipping quality of their product, which is of strictly British Columbia manufacture and outside the Milk Trust, in Little & Atchison’s store, and would appreciate a visit from all the ladies of the city. Mrs. Liddicoat will be at Little & Atchison’s all of this week and goes from here to Fernie, then Nelson and so on.
Moyie news … A whist drive was held in Desaulnier’s Hall Saturday evening under the management of Mrs. Horne, Mrs. Sylvestre and Miss Conrad. A substantial sum was added to the fund of the Catholic Church. Those awarded prizes for the card games were Mrs. Peterson, 1st, Mrs. Weir, consolation, Mr. Wills, 1st, Mr. Burch, consolation.
Fort Steele news … Miss Mary Baillie of Fort Steele was married to Sergt. Alexander Williamson at Victoria by the Rev. Dr. Campbell on October 20th. Both are well known in Fort Steele where they have many friends who wish them many years of happiness.
Elko news … Mrs. C. A. Klingensmith gave a charming tea last week. The house was beautifully decorated throughout with souvenir pennants and potted plants. The guests of honor were Mrs. Moulton and Mrs. Cotterill of Great Falls, Mont., who are visiting Mrs. Jack Graham, Riverside Park, and the American lady residents in town were invited to meet the visitors and a rip-snorting-star-spangled-banner time was spent.
Invermere news … Messrs. Thomas Gilcrease and Harold Hardin of Tulsa, Oklahama, have just arrived back from a hunting trip on the Kootenay and Vermillion Rivers. They made the journey to this part for the express purpose of trying out the hunting possibilities and are not a bit disappointed.
In all they were gone eighteen days during the first eight of which there fell to their guns two bull moose, six mountain goats, one deer and a black bear.
During their tramp, in addition to the game bagged they saw six bears, four grizzly and two black. One of the former passed close by camp one morning at eight and scattered the horses up and down the river bars in their mad haste to give ursus a wide berth. Unfortunately both hunters were absent from camp at the time.
The spoor of three more grizzlies and a fine black bear were later picked up on the fallen snow. One of these judging by its spoor was a huge brute. Amongst the trophies brought back were two large moose heads, both massive and with splendid palmation evenly grown. The larger measured 51 1/2 inches with 19 points and the second 48 inches with 17 points.
Subsequently larger heads were seen around the headwaters of the Kootenay River but as each hunter had reached his limit under the Provincial Game Act these animals were left unmolested.
Rod and gun club … At a meeting held in the Council Chamber on Wednesday evening, The Cranbrook District Rod and Gun Club was organized, and the following officers elected: Hon. President: Hon. Dr. J. H. King. President: Lester Clapp; Vice-President: Alec Hurry; Directors: Geo. Hogarth. Ira Manning. A. R. Webster, Frank Dezall, J. R. Henderson, R. Bartholomew, J. D. McBride; Sec.-Treasurer: E. T. Cooper.
The success of this organization was assured by the large number that attended the meeting, who kept the Secretary busy taking in membership fees. Much interesting discussion took place relating to fish and game matters, everyone having suggestions to make regarding work for the club to take up later.
For the immediate future the efforts of the club will be devoted to obtaining a quantity of young fish for the purpose of stocking some of the waters in the District. The Secretary was instructed to get busy gathering information as to what fish were both suitable and obtainable.
The Club will hold regular monthly meetings, dates of which will be announced later.
It was decided to charge a membership fee of one dollar per year, and the Secretary will be pleased to hear from anyone wishing to join the Club.
