Winnipeg Free Press

Winnipeg Free Press (Newspaper) - October 8, 1875, Winnipeg, Manitoba Xii in tic Guiborut Case refused. Montreal sept Tho Superior court this morning or Justice John Eon gave judgment on the Rule Nisi applied for by or Doutre. Of Tho inst Tut Canadien to require Tho Fabrique to show cause Why they should not pay a Fine for failing to comply with Tho decree of the privy Council ordering them to permit Tho burial of Guibord. His Honor after reciting Tho Circum stances of the Case wont on to Bay that in regard to Tho place of tender o f the customary fees which the was to make preliminary to Tho burial Tho of the decree was not very definite and there was no room for doubt whether the Institute had a right to require respondents to go cemetery in order that they might there receive Tho fees. With respect to there being no return to the original writ there was certainly none before Tho but Tho Bailiff s return of service what is called a certificate of non compliance. It had Boon stated on behalf of Tho Institute Canadien that there could be 110 return to a peremptory writ of mandamus Accord ing to Tho practice in England. The court was not prepared to go so fur As that. In Tho present Case no re turn Day was ordered by Tho itself and no return Day was mentioned in it. What Ever the big ish practice was under Quebec Law such a return not Only could be made but must to made. As therefore there Hud Boon no proper return of Tho writ before Tho court it was impossible to judge whether it had been complied with or not. The court needed to have evidence whether there had been a refusal to comply with the writ and no Buch evidence had been presented. Tho Bailiff s return furnished no evidence on Tho subject of non compliance. To stated that the Gates closed and kept closed notwithstanding his request to the guardian. The question remained by whom Wei a they kept closed was such a serious and incredible Chargo that Tho ecclesiastical authorities had incited the disturbance and the opposition to the Law to to accepted on such evidence As has been presented the Bailiff s state ment taking it to to True showed no refusal of permitting the grave to be dug or of permitting Jiho burial to take place. Tho court Wei Quito prepared to nay under the circumstances that even assuming the statement of Tho Baliff to be True unless it would to Provod that the Gates had been closed and kept closed. By Tho respondents there wag no ground for Tho conclusion that there had been any refusal to per Mit the remains to to buried. And if there had Boon no such refusal the terms of Tho decree had not Boon opposed and no Fine could therefore be incur red. The court therefore discharged the Rule and ordered each party to pay its own costs. Ook Here the Black Hills indians. For Savage grandeur there Havo been Fow scenes in the present age equal to that witnessed at the gathering of the Indian tribes of Tho far West claim Tho Black Hills territory As their pro Perty and have assembled to consult with Tho u. 8. Commissioners for its Sale. After the commissioners reached the big Cottonwood tree on the River Bottom where the Council was to be held the indians began coming in formed in one of Battle and singing and Alii armed with Breech loading Gans. The came first spotted two on horse Back. Attired in their Best painted. And with feathers in the hair Thoy prel sen Tod a splendid sight. They Rode their Best . Their dross was varied in colors and their arms glistened brilliantly in the Sun. Soon Atter Tho indians from standing Rock Agency appeared. A part tied their horses in Tho Bushes and advanced on loot squatting in a Circle before the commissioners. Remained mounted and armed. The Minno Conjour and unc Papas advanced in ranks and asked of the commissioners to Romain of. Their ponies. Little big s chief of the master of a band of wild indians arrive on a nah p a oct nudity mounted Charger and followed with All armed Ion n Vas and h s Long Black hair straggled into his but hl8 8tft the majority sitting on their Horgos but re hi8 wis. Oral other chiefs 8at on the ground the cheyennes and array hols Arr Ved last. The scene was impressive. The indians formed a Dena mags. All except a few Yanc tons were armed Thor guns in the right hand tha butt resting on the thigh ready for action. Whit Kobe were entirely de. No two thousand wore in the Circle. City lots on and 0 t i c carried of by my Keicy jul from this Day. Of my will to to nage or Tho Public a Trot attention to bushmen in the following prices Quality extent of Stock i n near Cook Parlour Portage Avenue at Box Camp that stoves 25o in Stock. To parties fanning implements machinery mowers and sulky rakes waggons fanning Mills Etc Cross and breaking plows cultivators shelf hardware in endless variety Naiu axes handles camping outfits Iron hoes picks tinware building paper Makos carpenters tools a lass Putty oils varnishes brushes Etc. Etc. Blasting and sporting powder Shol Ball Caps Etc fuse who will build steam and pm fittings plumber s work pumps and piping roofing having got it to Keri favourable terms to dealers. Toll an3 Pemmican a for at skins sinews House and Blacksmith Coal. Mckenney bros., to l. B. Bently mrk Oniley i Block Winnipeg. New fall goods. N Mcl Enach an i m Alloch s hats at Steele s auction Mart. Just a lot of Sample hats which will to sold cheap. Clarence e. Steele old red River Hall near new merchants Fot Andry. Of oar wheels Babbit mow building material per Tole Agricula Tyml engines put Totine and Mcdella Box and Oylin Dei stoves for burning Wood and Coal Iron a. Brass castings of every Coder Street St. Paul be Rummer 1875. . Bannatyne wholesale retail on said lots a few Lota to be sold Hab arrived and is e and y f o r inspection tailoring. Our new Cutter has arrived. Sure fits guaranteed turn Iturbe i fun Hilture very Low for Cash r. Cerrie co., to and House furnishing goods. The Manitoba club i apply to Tho c. It o7.0 Soare tary. Apply to a. W. Burrows a25-lm importers of i y e dry goods. Slim pork Bacon hams and shoulders spiced Boll Bacon Tongue and lard xxx flour Oats ground feed. Lemons. Black Green and mixed teas in half chests and five and Tori fatties. Dry crushed Coffee and Brown Seaw ibs. Tor 2 in peaches Pine Apple. Quince cherries Etc. A tins for f 1.00. 2 in Corn tomatoes Beans Etc., 4 tins for 3 in tomatoes 3 tins by brandies Gin bum Maderia port Sherry and Claret in Wood and Glass. Champagnes santeros and White wines. Basa ale and guineas Porter Urti and pints. Dow s ale in Wood cts per Eal by barrel. Coracao Largo assortment of bitters. Hae Borry vinegar. And assorted i unit syrups. Pemmican Dong by and own lots Proir ;