The Writer / Homesteader, Katherine Day of Oro-Medonte
By Ted and Suzanne Currie
"It was a May-day - a perfect Ontario May-day - all a luxury of blossoms and perfume. In the morning rain had fallen, and though now the clouds lay piled in dazzling white mountain-heaps far away on the horizon, leaving the dome above an empty quivering blue, still the fields and the gardens remembered the showers with gratitude and sparkled joyously under their garniture of diamond drops. The wild cherry trees bordering the lane and the highway, and the orchard behind the house were smothered in odorous blossoms of white and pink. A big flower-laden hawthorn grew in the lane, near the little gate building leading from the garden. From its topmost spray a robin was pouring forth an ecstatic song - a song so out of proportion to his tiny body that he was fairly shaken by his own tumult - trills and whistles, calls and chuckles, all incoherently mingled and shouted forth in glorious hysteria."
The passage above was not written by the subject of this biography, being Canadian Artist, Katherine Day, of the Oro-Medonte area of Simcoe County. Although she didn't write the piece, some readers of this series will be able to detect similarities in style, and certainly the area highlighted by the book, was in the neighborhood of both writers. The well written passage was taken from the 1909 first edition, of the book, "'Elizabeth Of The Dale," written by Marian Keith, no stranger to the Orillia area of the province. In fact, the author would have known Katherine Day's father, Isaac Day, as he was a long serving regional School Inspector in Simcoe County and all the way up to South Muskoka, and she was a teacher in Orillia. In fact, she was a teacher when Katherine Day was attending school in the same district, and may have crossed paths during this time. But the writer, Marian Keith, was really a woman by the name of Esther Miller, later to become the wife of Dr. G.C. MacGregor, "the tall handsome minister of the Presbyterian Church in Orillia. Esther Miller was the daughter of John Miller, "who taught school on the 2nd Concesssion of the old Barrie Road," and her mother was Mary Johnston. This is according to the well documented history, written by John Craig, entitled "Simcoe County: The Recent Past," published in 1977 by The Corporation of the County of Simcoe.
According to the historian, John Craig, Esther Miller moved with her family to the village of Edgar, and then to Orillia, where she "taught school and Sunday school. She was educated at Rugby and Erin Public Schools, and then graduated from Toronto Normal School. Her teaching career spanned the period from 1899 to 1906. It was at this time that she began her long and prolific literary career. Her first novel, 'Duncan Polite,'was published in 1905, while still teaching; her seventeenth and last book, 'The Grand Lady,' in 1960."
"In 1910 she married Dr. G.D. MacGregor, the tall, handsome minister of the Presbyterian Church, in Orillia. His work eventually took them to Toronto, London, Calgary and Brantford." They eventually came to reside in the Owen Sound area, after his retirement. John Craig notes that "In many of her books, for example, 'Duncan Polite,' (1905), 'Silver Maple,' (1906), 'Treasure Valley,' (1908) and 'Elizabeth of the Dale,' (1910), she provided an accurate and sensitive picture of life in rural Simcoe County in the early days. Although most of her plots were derived from Victorian melodrama, she was an able chronicler of the times she wrote about - the general stores, church socials, one room school houses, Scotch-Irish rivalries, building and harvesting bees, sleigh rides and so on."
Is it possible Katherine Day knew Esther Miller from her own school days, in the early 1900's, and for that matter, might she have read some of her books having a hometown character. We do know she was abundantly familiar with Canadian Writer, Stephen Leacock, and his summer home on Brewery Bay. She makes a reference to the Leacock Museum in a separate story on "rug hooking," also included in the archives we purchased. Is it possible that Kenneth Wells, author of the famous "Owl Pen," series of books, also knew Esther Miller, from his own youth spent in Orillia, and later on in his editorial career, as he would have mingled socially, as a well known Canadian writer himself. I can certainly find similarities between Katherine Day and the writing of Kenneth Wells, and for that matter, with the regional descriptions so poignantly written by Esther Miller in her early work.
It is of course, only speculation on my part, that the writers knew of each others work, but excuse me for this liberality of thought, as I am abundantly aware of my own writer colleagues, especially those with Muskoka in common. While Katherine Day was best known for her art work, particularly her illustrations and prints, she was an aspiring writer of considerable merit. In the archives collection is a minor example of her attempt at fiction, with a love story she wrote with a local backdrop, that while unpublished, does contain material an editor could work with, to put into book form. Published below, is a rather curious text, in her handwriting, entitled "Petty Sessions," about a court case regarding a horse that didn't quite measure up to its description as far as work went. It was time consuming to transcribe from her handwriting which was particularly small, and my eyes weak and old. So please bear with me as we work through the material.
(No date given but it is probably pre-1940) "The judge's head was closely combed with a white thatch pointed in front, concealing his own hair which might easily be whitening too. He appeared to be about sixty years of age, but age had not dimmed the keen eye that peered over his glasses at the court. He sat motionless and aloof, at his tall desk overlooking the courtroom, a long pen in his hand, a book before him, in which he was continually writing his version of the evidence declared before him. 'It always rains on petty sessions day, say the Irish, because of the lies told there at that time.' 'You know this is a case of the purchase of a horse. My client, Mr. Manning, bought this horse from the defendant, Mr. McCann, and it was found unsatisfactory. In fact, it wouldn't work. When Mr. McCann was approached on the matter, he refused to do anything about it.' The lawyer swung his long black robe from side to side as he dipped down to look at his notes on the table, and looked up to address the attentive judge.
"'Call the plaintiff,' said the judge. The plaintiff, a tall, clean-cut finely featured old man, stepped into the box where the oath was administered phrase by phrase, which he repeated. He gave his name, the judge cupping his ear with his hand to hear it. 'Address his honour,' said the attorney. This horse was one of several owned by Mr. McCann and was shown at the Enniskille Fair last May. Yes, it was the 10th of May. He had been introduced to Mr. McCann by Mr. Gray. Mr. McCann had said the horse could do any work; yes, he had particularly told Mr. McCann twice that he wanted the horse for mowing and that if he could not move he was of no use. Mr. McCann said that the horse was a good one, and if he was not all he said about, then he would agree to a week's trial. Well, he couldn't remember about the week's trial, but he remembered quite well that he had said that the horse was good for mowing and Mr. McCann said that it would have no problem tasked with this operation. And that you could give it back if he couldn't. 'And could he,' asked the Judge. When it came to mowing the hay, in the middle of July, the horse was timid in a single harness; and it was just as timid in the double harness, and then the horse was sent to a neighbor who was very good training horses. No change could be achieved. And now it is standing in the stable eating its head off."
Katherine Day adds the dialogue as follows: "'But you have not told me how the horse behaved with the mowing machine?' The horse went backwards and sideways and leaped about fit to kill anyone, but it wouldn't drag the mower. And not with a single nor double harness. In fact the only thing the horse would do was draw a cart on a hard road. It wouldn't work on tilled ground. He had paid thirty-two pounds, ten shillings for him and twenty shillings and eight pence for the carriage, and the creature worth no more than fourteen or fifteen pounds as it stood. 'When did you find this out?' It must have been the middle of July, before the hay was ready to cut, and it was then that he found out that the horse was no good. Then he had written to Mr. McCann and had told him about it. He had received no reply. He called at the house and was told Mr. McCann was not at home. He was told that the dealers would be at Hinton farm the next Thursday, and he would be there, and said that's where he could complain about the circumstances of the horse. But when approached, Mr. McCann wanted nothing to do with the matter and said, 'I've been stuck myself.' Just that! He turned away and said once again, 'I've been stuck myself.' So then he and his lawyer wrote Mr. McCann a letter. The two letters were produced in court. The first read, from Mr. Manning, to Mr. McCann, as follows:
"'Dear Sir; In regards to the horse which I bought from you at the Enniskille Fair. The horse will not mow although you guaranteed that it could do any sort of work. I should be glad if you would do something about it, as you promised to if there was any problem. You indicated that you would be willing then, to take it back, if it, for example, refused to work. Would you let me know by return post what you will do to resolve the issue. In the second letter, from Mr. Manning's lawyer to Mr. McCann, the following content was read to the court: 'Dear Sir; I am instructed by my client, Mr. Manning, that on or about the 30th day of May, 1938, you sold a horse to him at the Enniskille Fair. This said horse was guaranteed by you to be capable of any sort of work, and it was specifically mentioned by my client that the horse was purchased for mowing. It is stated by my client that you agreed to the return of the animal if it did not prove all you said it would perform, as far as mowing was concerned. On or about the fifteenth of July, 1938, this horse was attached to the mowing machine and proved itself incapable of drawing that farm machinery. It is therefore now the right of my client to demand that you should receive back the horse which has proven unsatisfactory, and refund the purchase price. Otherwise a refund of ten pounds of the purchase price is asked on the value of the horse.' This letter produced nothing but silence. Hence the law took its course.
"Mr. Manly rose to leave his seat. The defendant's lawyer stuck out his jaw, screwed up his mouth and eyes, and rose to his feet. Mr. Manly seated himself grimly to listen to the insults forthcoming. Was he not aware that a week's time for the work trial of a horse could not be construed as being the same as three or four months. The horse, as an example, was bought in May. No dealer could possibly do business on that basis. The horse was bought for mowing and there was no mowing until July. That was the case. Mowing. Was there no possibility of trying out the horse in the week following purchase, to see if it would pull the machinery? Afterall, a week is a week. 'For mowing,' asked Mr. Manly, setting a stubborn jaw. Could the horse not have been attached to the machinery and driven around as a trial in the yard, before the week was up? The horse could have been tried-out with the mowing machine prior to their being hay to cut. The new owner didn't do this until it was time to mow, which was well beyond a week later. Yes, the defendant heard plenty. Not compliments about his conduct in the case. He was unwilling to say much on the matter in his defence. Upon silent pressure, exerted by counsel and the judge, he looked up, peering out one eye, and then the other, and said suddenly, that he had heard enough. Mr. Manly had a reputation, you see, that preceded him, of changing his mind about horses he acquired. He had registered the same complaint previously, that a horse he had purchased wouldn't work as promised, and asking for his money to be returned. The defendant wagged his head and bumped his shoulders against the back of the chair.
"'And have you ever heard anything against Mr. McCann, who is a highly respectable man, who has dealt in horses for many years? I've never heard anything about him one way or the other, said Mr. Manly, and was then allowed to descend from his seat. The man who had introduced the two principals came up to be questioned; having a long nose, neatly combed hair, anxious eyes and a pursed-up mouth. He sat on the edge of the chair and was tangled up in two minutes, dumbfounded when he had to admit that he had distinctly heard Mr. McCann specify a week for the expiration of his guarantee. They had gone to one side, and he had heard nothing else. Then he remembered that he had once bought a horse from Mr. McCann and had taken it back to him a month later. Yes, it was true as well, that Mr. McCann had given him a week's trial of the horse but he had actually taken it back after a full month had passed. The neighbour came up and testified that he had tried out the horse and he couldn't do anything with it. The horse as well, wouldn't mow.
"Mr. McCann came up to defend his reputation as an honourable horse-dealer. 'Impossible!' Mr. Manly turned his head away from the disgusting sight, the defendant's counsel had afforded him at that moment. Score one for the defendant, and the round faced, red haired little man sitting by his counsel, on the bench, looked modestly cheered. And why, pursued counsel, should you have demanded ten pounds damages two months ago, and now say that the horse is worth only fifteen pounds? 'The horse is losing value every day,' said Mr. Manly briskly. Now why did you not return it by rail when you discovered it was of no use to you? 'How could I do that, your honour, when I had no means of knowing that Mr. McCann would receive the beast. I might have been refused and I would have had to pay double the fare on it, coming and going. The entire court glanced from the plaintiff to the defendant, and Mr. McCann closed his eyes and his mouth for a moment. The courtroom was silent.
"He (Mr. McCann) had bought that horse only four or five days previous to the Enniskille Fair. He had not tried it for mowing, and general farm work, yet he had no absolute proof it was a good worker. He had sold it for thirty-two pounds, ten shillings, to Mr. Manly, less ten shillings goodwill money. No, he had not known that Mr. Manly had called at this house, although he had received the letter. Yes, he had met Mr. Manly at Hinton's Fair but nothing had been said about the return of the horse. Nothing at all about the previous transaction. They had simply talked about other things. They looked at the horses he had, at that time, but not one word was spoken, or mentioned in any way, that the horse previously sold to him was a problem. Nothing about it being returned. Certainly it was his custom to give a week's warranty on any horse he sold. A week was long enough to try a horse and he couldn't do business in any other way. He didn't remember anything being said about mowing. It was a good horse none the less. He had acted in good faith.
"'Your honour,' said the plaintiff's counsel, 'I am reminded very much of the warranty that is given at an auction sale. Being that this article is guaranteed in perfect condition, and fit for use, such warranty to expire on the date of purchase. With the exception of Mr. McCann and counsel, the court was mildly amused. 'I find however,' said his honour, 'that it is clearly established that this horse was purchased for a particular purpose known to the plaintiff, and I also find that no warranty given in such a case can expire, until that particular purpose has been investigated and fully proven. I award the damages mentioned in the letter written by the plaintiff's counsel to defendant. Next case please."
Worth noting just in case you plan on selling a horse for mowing, and, well, it doesn't.
Please join me tomorrow, for another chapter on the biography of Canadian Artist, and writer, Katherine Day.
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