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THURSDAY, SEPTEMBER 14th, 1939. Case Sheardown vs. Richmond Hill Now On lts Fourth Day Hearing; Justice Godfrey Expresses Opinion Conditions Dangerous To Health â€"- Municipality Starts Defence To-day After Fourteen Witnesses Heard For Plaintiff The lawsuit of Sheardown vs. Rich- mond Hill is to-day, Thursday, runn- ing into its fourth day. On the first two days only three Witnesses were heard, John Sheardown, Frank Schisâ€" ler and Gardiner Alliston, an engin- eer. The case being heard in Su- preme court before Justice Godfrey has Earnest Bogart and Bloomfield Jordan for the defence and Camp- bell Line for the plaintiff. On Wednesday morning Walter Bone, B. Bennett, Albert Cooper, Charles Cooper, James Rumble. Wal- ter Deadman and Joe Jeftferson, all of Richmond Hill appeared for the plaintiff. _ Mr. Walter Bone testified that he put a tile drain in on Church St. for the village in 1928 down to the Blanchard property. The sewer, Mr. Bone said, is under the sidewalk aâ€" bout forty inches wide. “We put tile in connecting the culvert With the houses on the west side of the street,” said Mr. Bone. “What would come through the drains from these houses?” asked his lordship. “Would- thev be connect- ed for any use whatever?” “Mainly cellar water would go through the drains," said' defence counsel Earnest Bogart. “No sink water or anything else would go through.” iMr. Bone described the stream 'when he was putting up a fence close to it on the property of Dr. ‘Langstaff. “There was quite a flow ‘when I was putting in this fence about two years ago,” said Mr. Bone. “What other drains are flowing through the storm sewer that you installed,” asked Campbell Line, counsel for the plaintiff. “I'm positive Mr. Hill’s entered the storm sewer,” said Mr. Bone. “I’m not sure about some of the others.” In answer to Mr. Bogart’s ques- tions Mr. Bone replied that the wat- er seen coming out of the open ditch looked “like a mixture of soapsuds ‘and milk.” He described the odOur 'as that “of a cesspool”. Albert Cooper testified that he was one of a crwv cleaning out the drain from Mr. Phillips? property to Shep- pard» & Gill. In answer to Mr. Line’s ‘auestions he described the refuse shovelled out as “black, moisty dirt.” and) that there was water coming from the tile into the open ditchu In reply to Janice Godfrey’s ques- tion he stated that there was no rain ‘ for some time. “When you were cleaning the high school drain did V‘Ou notice if there were any houses connected with the drain?” asked Campbell Line. “Three houses are connected with the drain as far as- I know,” said Mr. Cooper. ‘Alliston, a civil engineer, and sev- ‘eral others to ascertain where the ‘school drain lead and find out how many houses are connected with the 'drain. permission to enter the houses and ‘ordered them to appear :before the ‘court on Thursday (this) morning. ' Mr. Charles Cooper testified that the ploughed the land where the wat- ercourse is at the present time. “The property owned by Mr. Sheardown was owned by Mr. Palmer, f~0rmer ‘Richmond Hill hotel man when I ploughed it in 1885,” said Mr. Coop- ‘er. “I ploughed right over the land ‘where the mud hole is now, and 'there wasn’t a trace of any sort of ‘a ditch or watercourse." James Rumble testified he cut corn on the Sheardown land in 1916- '17. “There wasn’t a trace of any depressmn, watercourse, or creek,” he stated. Walter Deadman, stationerv en- gineer at Richmond ROSes testified that he ploughed the land north of ‘Sheardown’s barn 27 years ago. He stated that there was no water- course at that time. “There was nothing there to ob- struct your ploughing?” asked Mr. Line. “Nothing whatever,” stated :Mr. Deadman. “I was on the prop- erty last fall and where I used to plough is a regular mud hole, you couldn’t walk on it now.” . JOSeph Jefferson testified that he cleaned the ditch up to the Shear- .down fence this year. “We cleaned .out a lot of black muck.” he said .in answer to Campbell Line’s ques- tion. “It seemed to have a very bad smell." i Stanley Howlett testified that be connected Kerr's Bakery drain pipes from sink with the town sewer down .which wash water is poured as the .drain is connected to the sink. . Frank Schisler, manager of Shep- .pard & Gill Lumber Co., testified as .to the evil smell arising from the ditch. Wilbur Bone and John Sheardown testified to the boggy condition of «the land caused by the drain. . )Ir. Hewitt, vice-president of Hew.i -itt<McRue Ltd. contractors. who has worked on the Malton airport and numerous churches in the city of To- ironto testified that the 85x35 ft. burn on the Sheardown property had been irreparany damaged as a re- sult of the boggy bed caused by the pollution of the village drain. . “'ilbur Bone stated that the threshing machine used on the some piece of land many years ago would sink out of sight if it were to travel through there today. Professor E. Smith. University of Toronto chemist. testified that he had found bacteria with human secretions iii the water course on the Sheardown property. scribed as a fit and real breeding .grolllltl for typhoid with a high perâ€" centaec of solids and other foreign matters. .IllSilCC Godfrey expresde g~Li1'OLIS to health. “If a At this point Justice Godfrey deleâ€" I. ‘gated a group/ composed of Mr. ' Mr. Godfrey save them full. It “'215 dc- , his : opinion as to this Condition as dan-' typhoxl l epidemic were to break out it would be with dangerous result to the cor- , poration." Mr. Justice Godfrey at the com- pletion of the second day (Tuesday) from hearing the evidence educed ordered an injunction for restrain- ing the nuisance, namely, a pollution of land. air and water; with a fur ther direction that the injunction would not have a finality for the next three months, giving said time to the defendant corporation for an opportunity to correct the state or they would be liable for contempt of court. ‘ On Wednesday afternoon the plaintiff finished his case and on Thursday morning (this morning) the defence began its case. It is ex- pected that the case may run into next week. The plaintiff produced fourteen witnesses altogether. UN IONVILLE Anniversary Services at Central United Church will have an import- ant place in church history this year as the congregation celebrates the 6‘0th anniversary in: October. A week’s services are being planned when former pastors will take part. Sunday evening the regular men‘s service will be held. Mr. T. G. Gold will be the speaker and the Ensign Male Quartette will render special music. You are cordially invited to attend these services. A special appeal for funds will be made by the Red Cross during the last week in Septemlber when a per- sonal house to house canvass will give everyone an opportunity to line up for service in this great organ- ization. Its aims and results are well known and deserve your heart- iest co-operation. A special tag day has been set for Sept. 29th but should the one in your eommunitybe set for ans other day do not hesitate to con- tribute. Supplies Will be needed and we must be ready to do our share. Treat your Red Cross visitor kind- ly and give. The Sept. meeting of the local branch of the Women’s Institute will be held at the home of Mrs. Wm. 'Young on Tuesday, Sept. 26 com- mencing at 2.30 p.m. Standard Time. Kindly note change of date. All in- THE LIBERAL. RICHMOND Sociai and Personal and M rs. two weeks Mr. spending Ontario. at Thedford, Misses Richardson with Mr. and 'Mrs. L. G. Stoutenbui‘gh of Victoria Square cnjoycd a motor trip through Northern Ontario the past week. Miss Margaret Ireland is spendâ€" ing two weeks with Mrs: J. Stein and Miss Reta Stein in Winnipeg. The Misses Kate and Bertha Arch- ‘ibald and Dr. and Mrs. Hardy-Hill. all of Toronto. were guests at the gniited Church Parsonage last Sun- ay. ' Mr. and Mrs. George Cruickshank and family of Toronto visited Sun- day with Mr. and Mrs. James 'Grainger. ' ’Mr. Don Hick of New York visit- 'ed this week with his mother Mrs. 'G. Chadwick, Church Street. ' The fall opening meeting of St. 'Mary’s Anglican W.A. was held at 'the home of Mrs. McGibbon on Tues- ‘day of this week. Plans were made 'to hold an Afternoon Tea and Bakâ€" ing Sale in the basement of the 'church on Saturday afternoon, Sep- tember 23rd. Rev. Jesse Arnup, D.D., General Secretary of the Foreign Missmns Department ‘of the United Church of Canada will be the speaker at .the United Church on Sunday morning. -Dr. Arnup has recently returned from an extensive tour of our Misâ€" sion fields in China. Japan. Africa. India, etc., and will no doubt havr- 'an inspiring and informing message 'for the occasion. The first regular meeting of the Presbyterian Young People’s Society will be held on Monday, September 18th in the Sunday School room. The guest speaker for the evening will be Dr. Helen Hogg. __/___ Girls of Senior High School age and over are asked to attend the Red Cross meeting in the Municipal Hall on Friday at 3 p.m. A Girls’ Branch will be formed on Tuesday evening ‘of the following week at 8 o’clock in the Municipal Hall. , LIONS MET The opening meeting of the Lions Club after the summer vacation was held at the Rustic Inn last Thurs- day evening. President James Stew- terested are invited to be in attend- ance. .Mr. Edwin Dixon, our noted natur- alist, is to be compliment/d upon the splendid exhibit at the C.N.E. Mr. Dixon possesses one of the best if- not the best collection of eggs on the American continent, and the dis- t‘play was indeed worthy of commen- ‘dation. Mr. and Mrs. Clarence Stiver and ‘daughter of Timmin-s are visiting .‘Mr. and Mrs. C. E. Stivier. 3‘ .Miss Lillian Risehroueh, Willow- i‘dale visited friends in town last Fri- ,'day. Mrs. E. Bewell is spending a few l St. Catharines. Mrs. K. B. Heisey and sons of I'Toronto who have been spending the .‘summer with Mrs. W. Milliken Smith have returned home. Mr. and Mrs. Frank Warne and son Billv of Schumacher have re- turned home after spending holidays ‘with Mr. and Mrs. G. G. Murphy. Miss Annie Duncan: of Warkwiorth ‘is visiting her aunt Mrs. R. A. ‘Stiver. ‘ Mrs. Hugh Miller of Albany, N.Y. ‘Mr. and Mrs. Angus Kennedy and) 'son John David were guests» of Mr. and Mrs. W. J. Russell last week. Miss Mary Gibson, Toronto, visit- ed her aunt Mrs. J. A. Gibsoni last week. .Misses Grace and Evelyn Perkin are attending Sihaw Business Col- ’lege. Mrs. Percy Mauchee of Toronto was the guest of Mrs. Thos. Gray on Sunday. Mr. and Mrs. Elmer Gallbraith and ‘oourne, and Mr. Ro‘bt. Galbraith of Kingston visited Mr. and Mrs. A. E. 'Milner recently. Mr. and Mrs. N. Eckhardt, Mr. J. _English of Toronto were guests of '.\Ir. and Mrs. D. Harrington on Sun- day. CENTRAL UNITED CHURCH Unionvflle Pastorâ€"Rev. A. E. Owen 10.00 a.in.â€"Church- School. '11. a.m.â€"“The Secret of Great Liv- mg.” ‘733 p.m.â€"Men's Service. _Mr. T. G. ‘ Gold, Uxbridge. Ensign Male Quartette, Toronto. I EBENEZER UNITED CHURCH i130 p.m.â€"Church School. 5 2.3!) p.m.â€"“The Secret of Great LiV- : U 0' I .I‘lb. ‘BETHESDA LUTHERAN CHURCH 10 a.m.-â€"Church School. 11 a.m.â€"Public Worship. iST. PHILIP'S ANGLICAN CHURCH ilO a.m.â€"Church School. 7 p.m.â€"Evening Prayer. l “â€" RICHMOND IIILL PRESBYTERIAN CHURCH ‘, Rev. J. D. Cunningham. B.D., Minister l Sunday. Sept. 17th :10 a.m.~â€"Sund:iy School. ill :i.in.fi‘l'ri‘ult'illod Impulse." ilt has been wittilv said that thc woer iii the nifddlo ago: was gov~ El‘llt‘il first by canons. and then by cunnnnaâ€"first by Saint Peter. and then by saltpctl‘e. days with her son Rev. Jas. Bewell, ‘ son Guy, Mrs. Pingl» of Port Ooil-‘ attendance of members. Plans for the coming term were discussed. The next regular meeting is Thursday, September 2lst. GARAGE BURNED The garage and car of L. Homme, Benson Avenue were destroyed by fire about midnight Monday. The Richmond Hill Fire Brigade were quickly on the scene and prevented spread of the flames. The cause of the fire is unknown. ST. MARY’S A.Y.P.A. The opening meeting of St. Mary’s A.Y.P.A. on Monday, September 18,‘ will take the form ofaWeiner Roast at home of Mrs. Clark, Bond Lake. All cars will leave the church at 7.30 p.m. sharp. Members are asked to' attend and new members cordially invited. CARD OF THANKS -Mrs. Alice Endean and family de- sire to thank their friends and neighbours for their many acts of kindness and expressions of symâ€" pathy in their recent bereavement. MARRIED CROSTON â€"â€" DALGETTY-COLLIN At St. Aidan’s Anglican Church, Toronto, on Friday evening, Septem- ber 8th, Lorna, second daughter of Mr. and Mrs. G. Dalgetty-Collin‘, Richmond Hill, to Mr. John CrOston, Toronto, son of Mr. and Mrs. John Croston, Liverpool, England. ENGAGEMENT Mr. and Mrs. Leonard James Rob- erts. UnionVille, announce the enâ€" gagement of their youngest daughâ€" ter Fossey (Flo) to Mr. J. Howard \Atkinson, only son of Mr. J. F. Atkinson of Richmond Hill, the mar- riage to take place the latter part of September. ' hill. wish to announce the engageâ€" ment of their youngest daughter. Doris May, to Mr. John T. Hart. son of the late Mr. and Mrs. J. Hart of Richmond Hill, the marriage to take place October 7th. DIED DENBY. Jean Hazel Rcainan â€" At the Isolation Haspital. Toronto. Sat- urday night. Sept. 9. 1939, Jean rcnce Denby, in her 29th year. late of Fourth Concession. Markham Township. Interment took place Sunday af- tcriioon. GARDINERâ€"At York County Hes- pital. Nounnarkct. on Tuesday. Sept. 12th. 1939. Anthony Gardiner of Gormley, beloved husband of Susan Taylor. father of Anthony and Clar- l‘lO. iii hi< 59th year. Fiiiiera. \L‘l'Vlk't' was held at St. John’s Church. Oak Ridges. on “'cdiiesday. Sept. l3‘tb at 2‘. p.m. ‘ST. Internteitt St. .I-»bn'< Ceme-i l tory. H. Thompson are' art presided and there was a good, .Mr. and Mrs. Fred Farr, Th0rn-' Hazel Reainan. beloved wife of Law-. HILL, ONTARIO * THROWS HAMMER AND KILLS RED FOX Mr. Robert Beatty, concession of Markham this week performed a feat which we think should qualify him for the javelin throw at the Olym- pic games. Catching a red fox in the act of chasing one of his hens in the barnyard Mr. Beatty called into use the only weapOn at band. It happened to be an ordnary hammer but he threw it with such deadly aim that be instantly killed Mr. Fox. The hammer fatal blow landed just behind the fox's forelegs. cuootoo...u-uconu ; second 1“!" ca-stoewae-ers seats-«- a is a )2, )k )3 )1: * :2: fit is Y? * in * O NO FI'RTHER WORD FROM MRS. SAYERS Up to the time of going to press no further word has been received from Mrs. William Sayers of Rich- mond Hill. survivor of the Athenla i».lisastei‘. Her family here have no 'word as to when she may make the 'home Journey. WON FLOWER PRIZES AT THE ‘(EX'V We extend congratulations to Geo. Topper of Markham Township who won six firsts. one second and one third with eight entries of flowers at the C.N.E. UNITED CHURCH EVENING AUXILIARY The Evening Auxiliary of the United Church will hold. a work meeting followed by a short program at the home of Miss Irene Ander- ‘son, Richmond Street, on Tuesday, September 19th. at 8 p.m. Come with your thimble and help to make the autumn work a pleasure and suc- cess. KEN SOBLE’S RADIO WINNERS AT CAPITOL THEATRE Commencing next Wednesday night the Capitol Theatre will present on its stage Ken Soble’s Radio Winners and every Wednesday night at 8.30 p.m. The acts will include the pick of talent heard on this very popular radio programme. The Master of ceremonies will be Jack Rae, well known stage protege of Jack Arthur. The management of the Capitol promise this stage attraction will be the “tons” in entertainment and fee! sure it will prove popular With theatre goers of this district. DANCE AT VELLORE A dance will be held in the Mem- orial Hall Vellore. Mondav evening, Sent. 18th under the auspices of the Vellore Athletic Club. Catania‘s or- chestra. Ernie Evans floor manager. Admission 25 cents. WEDDING BRYERS-ANGLE The marriage of Miss Pauline Angle, daughter of Mr. and Mrs. Paul E. Angle, to John Willson Bry- John V. Bryers, took place Saturâ€" day, September 9th in Richmond Hill United Church. The service was perâ€" formed by Rev. J. H. Arnup, as- sisted by Rev. C. W. Follett. The church was decorated throughout |with shaded gladioli. A. Melecci was at the organ, and Band Phipps sang. The bride, given in marriage by her father, wore a simple gown of white bridal satin in bouffant style, sweetheart neckline draped back and caught in a cluster of seed pearls, full skirt, which swept into a train. Her veil of tulle illusion was held to her head with a Queen Anne cap and she carried roses and lilies of the valley. Miss Jessie Angle, sister of the |bl‘ld€, as maid of honor was gown- ed in gold taffeta, simply made with full skirt. Her hat was of ostrich tips to match her dress, tied with matching velvet ribbons. Her bouquet was of deep red roses. Miss Ruth Angle, another sister of the br'de, and Miss Anna Phipps were taffeta fashioned on the same lines as the'maid of honor, with matching hats. They carried loose colonial Ibouquets of roses. Charles Bryers iwas best man, and Robert Coulter land John D. Arnup ushers. After the service a reception was iheld at the home of the bride’s par ents. Mrs. Angle wore a Bordeaux wine lace dress with matching acâ€" cessories and a corsage of roses. Mrs. Bryers' gown was of Elizabeth blue lace with navy accessories. Her .iinported hat of itavy felt was trim- imed with an Elizabeth blue plume, and she wore roses. After a wedding trip to the Unit- lEd States the couple will make their home in Toronto. The bride chose 5 for travell ifor travelling an aqua green semble with black accessories. en- BI‘TTERWORTH-OSTRANDER A quiet wedding was solemnized at Christ Church. “'oodlii'fdge. iSaturdnv afternoon. September 2nd. ,whcn Doris June Ostrandcr. daughâ€" ' .tei' [if Mr. and Mrs. Lorne O<tr=iiirlcr of \Vi'rodliridwa became the bride of :Thcinzis C .hw Biittei'worth. of Ichmlbridgc. >l1] of Mi‘. and Mrs. lTlT'rmLis H. Hinteru-‘r l: of England. lTite ceremony wu~ pr ornied by the mar-tor. Rev. I. ll. K: 2/1. The brides ‘ t; litiiv zif‘iitiinnt was ‘ <i<tcr. M's ' Nv-i’nm (lsfrnntivr zir. . "coin was >lTY‘ll-‘l‘it‘4l I.\'ll:‘\‘\ Giusa Mi'. Cr“\"'n: :i ‘.\'v“.‘li!i2‘ trip to New i Mr. and Mr~ Biiitn l‘.‘.'4 i'tl: wle \‘JV'll’iz'l'llll-r‘. Y, ii‘csido fi‘ ers, son of Mrs. Bryers and the late : bridesmaids in dresses of moss green . ing an aqua reen ensemble , (I ll . $1- PAGE FIVE m WOWW Milk Is a Perfect Food for Fath- er, Mother and especially the Children. MILK Builds Muscles. MILK is Energy Food. MILK Supplies Essential Elements. USE MORE MILK And Be Assured of a Safe, Wholesome Supply by Securing it from Richmond Hill BL'T'I‘ONVILLE WOMEN‘S INSTITUTE The regular meeting of Button- ville Women's Insttuic has been 0 O O O : postponed until Thursday, September : 28th owing to the School Fair onf the regular date. The meeting- will‘ be held at the home of Mrs. Kerr.‘ EITCHRE AT RICHVALE Richvalc Girls’ Sewing Circle are1 holding a Euchre at Richvalc school,,§ stop 22A Yonge Street, on Wedncs-j day, September 20th, at 8.30 p.m.; Admission 15c. Come and spend an enjoyable evening. Six prizes. GIFTS FOR L. T. B. & ORANGE HOME Gifts of Fruit, Vegetables, Canned: Goods, Eggs. etc. will be received at St. Mary’s Church, Richmond Hill on Thursday evening of this week in connection with the Harvest Fest- l ival Services. All gifts to be sent to the Orange Home after the ser- vices. Those unable to send goods . on Thursday may send them on Fri- Dairy day, Saturday, or at any time .1“ WWW _ G. s. WALWIN, Prop. BIRTHS - ' STIMERSâ€"«Mr. and Mrs. Munro Dependable Mllk & Dal, Produce Richmond Hill (Jerry) Stime'rs, 214 Ashworth Ave. announce the birth of a daughter on August 30th, Zandira Marie. Phone 42 ALLENâ€"At Unionville, on Tuesday, September 12th, to Mr. and Mrs.i SUBSCRIBE TO THE LIBERAL: Henry Allen, (nee Della Burr), a THE AOME PAPER OF THE DIS- son, (stillborn), TRI’CT SINCE 1878. , SCHOOLTOGS WE HAVE A FINE STOCK OF BOYS’ CLOTHES, ALL QUALITY GOODS AT REASONABLE PRICES WE INVITE YOU TO VISIT OUR STORE R. J. CRAIGIE MEN’S AND BOYS’ FURNISHINGS~ BOOTS AND SHOES “We Give Good-Will Shopping Club Coupons on All Purchases” Yonge and Richmond Streets Richmond Hill : OMONMN”MOW 9990mm THEATRE » 'AIJRORA SHOWS START AT 8 p.m. & 10 p.m. SATURDAYS,& HOLIDAY 7-30 & 9.30 DAYLIGHT SAVING TIME THURSDAY, FRIDAY, SATURDAY, SEPT. 14 - 15 - 16 ROBERT DONAT - GREER CARSON in “ GOODBYE MR. CHIPS ” Drama filmed in England with an English cast, based on the novel of the same title by Jas. Hilton. This is a sentimental tribute to a teacher in an English public school of veneraible tradition. “Mr. Chips” who comes to Brookfield and teaches four generations of youngsters. A rare pleasure is offered in this delightful screen pro- duction. The picture teems with intimate and homely details, and with touches of humor. Outstanding. Referred to the committee on exceptional photoplays. MONDAY & TUESDAY, SEPTEMBER 18 - 19 ' JACK BENNY. ROCHESTER, ED\VARD ARNOLD, ' DOROTHY LAMOUR in “ MAN ABOUT TOWN ” This is Hollywood‘s best musical comedy in many months. It is bright, fast anVlng‘, amusmg, \Vith clever dialogue and a generous share of excellent musical interludes. ‘ WEDNESDAY & THURSDAY, SEPTEMBER 20 - 21 LE‘V AYRES - LIONEL BARRYMORE - LARAINE DAY in “ CALLING DOCTOR KILDARE ” Another interesting and well played chapter in the life of the young interne. Interesting and amusing, the human nature of the characters giving it a pleasant warmth. Paris Auto Sup JOS. PARISI, Prop. Yonge Street - Phone 86 - Richmond Hill (FORMERLY OPERATED AS RICHMOND HILL MOTORS) â€"'_â€"â€"_ SPECIALS 4 Cylinder Chrysler Coupe . . . . . . $75.00 4 Cylinder 1929 Durant Coupe . . . $75.00 1 gal. Motor Oil for your old discarded battery “SHOP AT THE PARIS” Complete Stock of New and Used Auto Parts. Accessories and Tires for all makes of cars and trucks