The British Press; or, Morning Literary Advertiser.
London, England, 1825-03-28 00:00:00

INSOLVENT DEBTORS.

PETITION/ TO HT HEARD ♦T THE COVET, TOZETHAE•
STREET, LINCOLN./ INA

TUTS DaT.
Brown, W. (43F's Inn-lane. beeirsen.dra,
Kybert, J. Parallise-strecr, Gray's Inn-lar
Hewitt, J. Monksrell-street. etnil-dealer
31ants, T. Colchester-street. Vrhiteeltspel,
Filbv, C. Isleham, CAuribridet, following r
Skellot, T. Ann's-ptsee, Margaret-meet,
61e-cotta

Skudder, W. Deptford, whee!wri-bt and.
Maitland. W. Albion House Seminary,

minister
Allen. M. Castle-street, Southwark, bake!
Timms. W. Ileberdasher-street. Iltorton
Clearer, J. Ofd.atrert, ,tir. Luke's, livery,
Perry, A Salmon-lane. 1,11110,041 x, labomo
Rumen. I. Strand, general deaVer
Follett. S. Thayer-street, Illanehester-sgpa
merger
Welch, I. Stainbow Farm, Sesereet,

X -FIELDS.
2rllllllll
me, brewer's. tunntan
1, chimney-sweeperro business •
t, Spa-Edda, grimier and
chaise-maker
y, FOlstone, 4.tsenling
rr
New Town. grozer
..table-keeper •
in* I
'late' MC* 8441101..;
.41 tog
%
A
• .noldir. ••••• 411"

1~

t.

lIONE CIRCUIT.

LAW INTELLIGENCE.
MAT Ot OBANCEELV, 841'11)213AT, MA.acri 26.

REAL DEALMONTE MINES.
atettes L. TAYLOIt AND 0: HESS.
Mt. SZADWELL resumed his argument against the motion and
SUrfOrt of the demurrc•r. Ile adverted to the fifty shares which
?Ur Kinder ought to have sent out to Mexico, and denied that elr.
Tesler had ieterded to appropriate them to himself.
Iha I.OlltD CHAIICiLLOIt said, there being no answer open
affidavit, it might turn out that the Bottum% Mining Company was
all moonshine; but if it was a distinct Association, then it ought to
LO before the Court. In the eau of the Fee and Marine Inset-
Luxe Company, lately before the Court, there could be no doubt
that the saute individuals aright form a new Company it they
is use. There was one Gentleman, a partner in the old Company,
wise was not in the new (and for this purpose one was as good as a
tatnesand), so that the Ditecters of both Companies ought ta be
parties to the suit.
Mr.' Sleet/WELL cited seven' Cates, to show that it was hives-
sib'e for the Court to decree against parties not named in the record,
and who might perhaps be enabled te make out a we ten times
limonite? than Mr. Taylor's.
Mt. SteDEN argued on the same side with Mr. Shedwell, corn-
'memo.: on the various allegations in the Bill, anti contended that
tee plaintiff had not brought himself within any or the rules of
the Court, which were rot to be broken down for his ACCOID.
*sedation. The whole dispute between the parties ITOSE from the
detertien, by elf. Kinder, of the fifty shares that were to be
sent to Mexico, and which he had retained in vieletinn of good
t..eh when the prise had risen in the market. lie could not help
seeing that a more disitonotrrable act between man anti man could
yob be awed.
Tre teem) Ousel:Leese said, that this care originally sp-
ruce Li tere him in the shape of a mu:ion fee an Melt:tenon, on
which both pieties had been pretty fully here e. Stveral points
bee been raised for his consideration, but nacre was one among
them with which he had nothing to do. That point related to the
enrage made by the effendents against the plaintiff, that he had
fraadulently possessed hunself of fifty shares more than lie was
justly enn Jd to. Now, in the present form of the case, that
subject of complaint ought to have been brought before him.
In a motion Inc an injunction to restrain a particular set of persons
from selling the !harm which they had already possessed, he had
nothing to do with an inquiry whether another person possessed
more than was originally agreed upon. That was a matter at
present resting cntinly with the parties themselves—a Judge had
nothing to do with ft; his office was to adjudge what were the
tights of those individuals against whom the injunction 11,10
preyed., and not to determine on the rights of other persons, or
en their actions, unless those actions furnished a bar to the claim
which they trade in equity for relief. He should therefore dismiss
Witt his mind all that had been said regarding the first or the
Litt of these fifty shares in the Real del Monte or in the Balanos
mints.. The
.question on the demurrer and that on the motion
er an injunction differed materially from each other, and were
obe viewed in a very different light. The question on the
demurrer was a mere questidn of form, and all the facts stated on
the record must, in the argument on the demurrer, be taken to be
strictly and literally true, although no one of them was capable of
proof, and indeed although they might be contrary to the fact;
tig the judgment on demurrer did not determine what the
facts were ; but, assuming certain facts, it determined what was the
hew which related to them. If the law of the case should ultimately
bs decided to be in favour of the defendants, there was an end of
tee motion for an injunction. But the latter was to be treated and
discussed in a manner very different from the question on the de.
eirdner. In determining the motion for an injunction. it would be
necessary to discuss and ascertain which were the reel facts of the
case with reference to both the parties concerned, and on these facts
bang truly ascertained, the injunction could be granted or refused.
Here he should take the opportunity of saying, that he should cer-
tairly dismiss from his mind the question as to the legality of the
undertaking.; but perhaps he owed it to tile public, who had been
eeseedingly interested hy the discussion of questions relating to the
legality of this anti of other Companies proceeding on the same
peinciples, to say, that whether these undertakings should prove to
be legal or not, there were many good and virtuous men who had
vested, perhaps ireprodently, their property in them; and that it
Wowed not neettasarily follow because they were not legal, that they
were therefore immoral; or that they cast nothing but disgrace
up= their projectors. When such men as he had mentioned had
embarked in these schemes, they hid done so, perhaps, in consc-
spienee of (owning a hasty and erroneous judgment, hut certainly
with no intention of committing a public fraud. There might
be many Companies which were nuisances under the common
law, and which might not be nuisances within the Statute, or
subject to the penalties which that Statute imposed. He knew not
what was to be said on that part of the case, because any declara-
tion of his might affect so many of his hlsjesty's subjects, with some
ol whom he was acquainted ; but this he well knew, that both pub-
lie mischief and prisate inconvenience and misery might arise from
flesh undertakings. The case of this Company, he knew, was dis-
tinguishable from a great many others. " There is a rumour
abrosd," said his Lordship, " but whether there be any truth in it,
one way or the other, I will cot pretend to say, that there are per-
sons forming Companieswho never mean to remain members of
learn, but who are sending out into the world prospectuses declar-
ing the immense riches which msy be obtained, and great benefits
which may result, from the undertakings—l say, it is rumoured
there are such persons who thus raise large sums of money upon the
treadulity, the avarice, aril love of gain of the public. It as for those
who understand the law better than I do, to consider whether it is
that such practices should pass unindicted—to consider whether
persons thus entering Into a conspiracy to defraud the public cannot
be proceeded against by indictment. lam not doing here as a Cri-
minal Judge, but I humbly think that individuals would do well
to consider the course they are now pursuing. At least this warning
may have this good effect, of preventing other people from entering
into such engagements." His Lordship then stated, that how far
the law of nuisances applied to the present case was too important
a 'question to be now decided ; and he hesitated not to say, that
he should not be acting according to it just sense of his duty if lee
vdntured to declare any opinion at the present moment. There
were, however, other points in this case, which he should bare no
paint difficulty in now deciding, if long experience had not taught
bins the necessity of reading these bills, affidavits, and demurrers
with great attention. It was for that reason, upon this view of the
are, he would not give his judgment until Tuesday morning. Ms
Lordship then took a short view of the facts of the case, particu-
larly with relation to the contract entered into between Mr. Taylor
and Captain Vetch. It apreared to his Lordship that Mr. Taylor
had made out a strong ease upon this nine That gentleman had
worn in his affidavit, that Captain Vetch had made the contract in
Fels behalf, admitting (and the admission did him some credit) that
he bad the purpose of giving the shares to the Proprietors of this
Company. Mr. Kinder, however, was only to hare twenty-oneof
thrhe shares; and if it were true that the contract was Mr. Taylor's
ti..e latter had a perfect right to make that stipulation. With re-
ferenoe to the point, that the new Company were trustees for the
pleintiff, if that were made out, then hie Kinder's claim ought to
le:bowed ; but if there was re such trusteeship, then, according
ta.eli the law he had met " picked up," nothing could prevent the
• hole body .of the Real del Monte Mining Company saying to 11Ir.
Kinder, " We will form another Company by ourselves, and you
ezdi bare nothing to do with it."- If this view of the case should
ithintately turn out to he right. it would then render it unneees-
eirry to enter into the many other considerations which presented
eiemaelves—considerations of expediency and necessity he would
...41-then because when Le looked at the many objections arising
with respect to parties, and to those of dissolving a partnership
Wend by so many express covenants, lie could net help contem.
phitielk the great difficulties winch the plaintiff had to surmount;
and could not avoid considering the inexpediency. of giving any
decided opinicin. if be were correct in his first opinion. '•I have
oOserired,' said his Lordship in conclusion, " that one person has
Aso been taken to task for never deciding more than is necessary.
11 that pewits means myself—if it is myself who am aimed at, I
as that when I shall retire from my judicial life, 1 shall at least
take with me this consideration, that I have done less harm, by
avoiditig decisions not necessary to be given, than if I had fully de-
reared my opinion. Those who quarrel with Judges should know
that, it is far better to leave those decisions which are unnecessary to
beaters at the time, until necessity calla for them. It is the better
to take thisiourse than to anticipate decisions which may in future
tunes tie found necessary to be pronounced." His Lordship pre.
Weed io give hilt fired opinion .on Tuesday morning.

ScSSEX ASSIZIM, Illoa;if AY, ESIDAY, MAZCIII 25.

" THE MURDER AT BEXHILL.
GeorgeDas and Edward Dcw,brothets, the one aged 21, and the
other 110, were indicted for tLe wilful murder of Thomas Sawyer. a
youth -of 19, at Bexhill, on the Cfith December last. The indict-
ment tontained several counts, charging the murder to have been
committed, first, by fracturing the skull of the deceased, by means
of the- prisoners' bands; second, by suffocation, by means cf
Crowning him in a pond of water.
This ease excited -extraordinary interest, and lasted nearly the
Whole Atty. -
The prosecution was conducted by Mr. Lowo and Mr. Dotter.
Protn their poverty, the prisoners were unable to employ Coon-
sels'bit at thereinto of the Learned Judge, Mr. PLATT, and then
:lir: CAPRON, severally assisted them in their defence.
The deceased was a shepherd in the employment of a respectable
farmer named Brooks, at Ilexhill; the prisoners were labourers in
husbandry, workirg in the same parish. On the morning of the
December, the deceased left his father's house with his two
drgit end hit crook, for the purpose of attending his duty as
shepherd. lie usually retuned in the evening, but on the evening
of that day he did not return at all. Between seven end eight
o'clock one of the dogs returned. The father became alarmed, and
went in search of his son, but could not find him. It being wet,
he returned, and went oat again about ten, but at three in the
morning he returned without success. At ten o'clock the same
warning he went out again; in his way he met the prisoner,
E.dirnrd Daw, who said to him, you have lost Tom. Ile offered to
assrx him in acarching for him, and said he would lay anything he
h 46 been murdered, and thrown into Kenhurst wood. He also
said that he was at home that evening before day-light was abut,
and that he was sure he was clear front it. On the morning of the
99th, a person named JohnlPryor, was in D'Arting.field. and he
ois envoi a shepherd's dog lying by
_the side of a pond. He at a-
wards met the deceased's brotter, William, who brought his father
to the pond. They at arched the pond, and pulled the body of the
deceased out, which was found lying on its back. The great coat
-4re -- • the heed, ow hand -- sticking just above the
- surface of the eau:.

Ilia hat sod crook was also found in the pond ; and the dog, which
did not return house,. continued by the aide of the pond until the
body was found. There were marks of four persons feet on the
side of the pond. There was a bruise under the left ear of the de-
trued, and a fracture on the skull, which had produced death.
There was also a deep hole in the mud of the water, ii.to which the
head of tl:e d.reatted had sunk, and his watch had been stolen.
To bring the charge of murder home to the prison era, a number
of witnesses were examined, front which it appeared, that about
live years since the deceased gave information of George Daw her-
Mg a hare in his possession, and he was committed to Battle goal
for poaching. Since Iris liberation they had not been on good terms,
and he had frequently said he would murder the old lather and
should like to have a Ply poke at Toni and murder him too—these
assertions, with many others of the same nature, had been re-
peated to several witnesses.
Mr. Brooks, the prisoner's master, saw Edward Daw after the
murder. He said he had been requested to look for deceased, and
that if any thing had happened to him it must be some where near
Bexhill, and lie added, "depend upon it he was murdered at Ken-
burst wood." 111 r. Brooks said, 6- who do you think would murder
such an barmiest. inoffensive,lad ?" Ile said there were so many
rough fellows about, they would do it for the sake of his watch,
and that times were so hard they would do it fora shilling, Ile
added, " I can clear myself, fur I was in at Easton's last sight at
seven o'clock, and never came out till eleven o'clock this morning.
, I'll go to Kenhurst wood and look after him—but if I lied him
there they'll any I murdered him." On the evening in question,
George Daw and the deceased were seen going In a direction to.
wards Bexhill ; Edward Daw followed, but went by another road
towards BexhilL At Bexhill the deeeased parchaced some tobacco
of a pennon na red Stride; and the constable who apprehended the
prisoner produced this tohccco, wrapped up in the manic paper
which the shopkeeper said had conic from his shop. On the
morning of the 29th, the day after the murder, the prisoner, 0.
Daw, went the shop of a :qr. Lemon, in Battle, and offered the
deceased's watch for sale; he said that lie was going into Kant,
was broken down, and wanted money. The shopkeeper hesitated
before he purchased the watch, add at length lent him a pound,
and desired he would call in a few days and return it, when he
should receive the watch ; in the mean time the prisoner was appre-
heeded, and the watch was given to the lleaulborough, who in-
fo ,nred George Law he had possession of the watch he had left at
; and the prisoner said lie bad not been to Bexhill at all.
The other prisoner, Edward Law was apprehended the same day,
aed there were some marks of blood on his waistcoat.
The prisoner's (George Daw) confession was read, wherein he
stated, that he met the deceased on the road to Bexhill, and hosed
his earl, for haring given 1r:10nm:1:on of his being in possession of
a hare; the blow knocked him down, and he ran away with his
watch, but he afterwards saw him get up, and go into the
tobacconist's shop. They both, in the,: defence, protested their
innocence.
George Daw was found guilty, and the other was acquitted.
The LOUD CHIEF Baaos then passed the awful sentence of
he law upon the prisoner, and he was ordered for execution on
Monday next.

THREATENING LETTER.
Charlet Holler and David Gardener were indicted on the statute
4th George IV. c. 64, for feloniously sending a letter to the Rev.
Edmund Cartwright, clerk, threatening to accuse him of an in-
famous crime for the purpose of extorting money. The indict-
, mint contained thirty-two counts, so as to bring the case, by
proper innuendo;, within the scope of the Statute. This case ex-
cited extraordinary interest.
tlr. (;unary and Mr. CntTTY conducted the prosecution.
The prisoners were nut defended by Counsel.
The prosecutor, Mr. Cartwright, is a highly.respected clergy-
man., residing at Arundel. In February last he wax on a visit to
Sir John Shelly. During his absence hie Lady bespoke a play at
he Arundel Theatre, in order to encourage the poor performers
who had a had season. He unexpectedly returned in the afternoon
from Sir John Shelly's, and the transaction which was the subject
of this prosecution was disclosed by the following evidence :
The Rev. E. Cartwright deposed, that having some flower plants
at Pulborough, which he wished to have brought to Arundel in a
barge by water, about a quarter before seven o'clock on Saturday,
the 26th of Febuary, he sent for the prisoner Holder, who is a
bargemen of Pulborougli, to make arrangements for carrying them
on the Monday following. The parlour done being wide open,
Mrs. Cartwright came in, and then it was settled that the prisoner
should go for the flowers on some future day, and was sent away.
A few minutes after seven o'clock witness went out of his house to
go to the play which had been bespoken by his wife, and wishing
to make the prisoner sonic little recompence for the trouble he had
given him, told his servant-boy, C. Tane, to call Ilolder back.
The boy immediately went after the prisoner anti brought him back,
and witnes met them in the High-street of Arundel, and gave the
prisoner a shilling. Witness then went to the Theatre, being then
about ten minutes after seven, and remained there until half-past
ten. About four o'clock on the Monday following his servant-boy
gave him the letter now produced. (The letter was put in and read.)
Mr. Cartwright then stated, that being unwilling to alarm his
wife, he determined not to take any notice of the letter until early
the next morning, when be took it to Mr. Richard Holmes, the
attorney, and asked him what he ought to do in such an infamous
business. In consequence of the advice of Mr. Holmes, he deter-
mined to ofind out who the writer of the letter was; and afterwards,
whilst he was with Mr. Holmes, lie saw both the prisoners pass
by Mr. Holmes's window. Mr. Holmes immediately expressed
his suspicions that David Gardener was the writer of the letter,
and particularly that the initials " 0." at the bottom were his.
It was then arranged that a warrant should be taken out, that
witness should mark some money, and that he should send word
to Holder for him and the person who wrote the letter to call at his
house at eight o'clock in the evening, when constables were to be
in attendance to apprehend thesn. At eight o'clock the same even-
-1 ivy the prisoners came to witness's house, and were shown into
his study. A message was then sent to Mr. Holmes to have the
constables ready. When the prisoners came into the room, wit-
ness said to Gardener, " What could induce you to write such a
letter, which you must know to be untrue?" Gardener said, "It
is all true; I was close by where you were, and I heard and saw
every thing. After you were gone I went up to Holder, who was
crying like a child, and he then told me what had passed." Upon
which witness said, " Although the charge is untrue, I should be
sorry to have it talked about." Gardener then said, "If you pay
us we will keep it as secret as the grave." Witness asked him
what he expected. Gardener then said. " From any other gentle.
man I should expect a hundred pounds; but as I hare a great
respect for you I will take only 401. ;" and added, that the same
thing lately happened to another gentleman, whom he (witness)
knew very well, and was a rich titan, and he gave him SOU.; and
that he discovered it in the same way, being near the place where
the parties were standing. Witness then told the prisoners that he
had not so much money by him, but would give them the contents
of his purse, and pay the remainder on Thursday. IS Rocas then
gave each of the prisoners a sovereign, a half-crown, and a shilling.
which had been all previously marked by witness and Mr. Holmes.
The prisoner Gardener then said, " To show you that I act
honourable, I will give you a receipt," and immediately wrote the
following words and figures on a piece of paper:—
"That other gentleman rave to me to keep the seckered—
£so 0 0
2 7 0

47 13 0"
The prisoncrt then quitted the house. but were immediately taken
into sostosly by the constables, and the money found upon them,
which witness now Identified.

......
Mrs. Cartwright nor:timed her husband's testimony as to the
lbw of his going to the theatre on the evening of the 26th of Fe-
bruary, and that he remained there from about ten minutes peat
seven until half-past ten, when they both returned home. She
also confirmed him es to the prisoner Holder having been sent for to
go to Pulborough to bringsthe garden flowers, and the arrangement
by which the plan was altered.
Charles Tare, servant to Mr. Cartwright, deposed, that on Ss.
turday evening, the 26th of February, just as his master was going
to the play, he told him to go after the prisoner Holder, who had
just before left the house, and tell him he wanted hits, and would
meet him on the mad. This was about a quarter after seven. He
immediately went after Holder, and found hint in the kitchen of
the Swan Inn, and brought him back with him. They met Mr.
Cartwright in the High-street, and Mr. Cartwright said to Holder,
he wsnted to give him a shilling to go w the play. In the after.
noon of Monday, the 28th of February, about three o'clock, wit-
ness met Holder in Msltravers•street, who on coming up to hint
gave him the letter row produced, and told him to give it to his
master, and not let Mrs. Cartwright see it About a quarter of an
hour afterwards he gave the letter to his master.
Mr. Holmes the attorney proved that the prosecutor had coo.
suited him what lie was to do on receiving the letter in question ;
and that in consequence of his advice the meeting between the pro-
secutor and the prisoners, the marking of the money, and the
apprehension of the prisoners in the manner mentioned, took
place.
- - - - -

One of the performers at the theatre. on the night of the 26th of
February, proved that on that evening Mrs. Cartwright hod be-
spoken a play, from motives of kindness to the players, who had
bad a bad season. She had taken a box for herself and friends near
the stage. Witness, just before the commencement of the play,
booked through a hole in the curtain, and saw Mr. Cartwright, dire.
Cartwright, and another lady, sitting in the box. It was then
exactly. a quarter after seven o'clock. Ile had looked at his
watch just at that moment ; and be observed that Mr. Cartwright
remained in the box during the whole performance.
Two constables proved, that about eight o'clock on the evening
of the 28th of February, they apprehended the prisoners coming
out of the house of Sir. Cartwright, and on searching them they
found on each a sovereign, a half-crown, and a shilling.
The money was produced and identified by the prosecutor and
Mr. Holmes.
This was the ease for the prosecution.
The prisoners being called upon for their defence, both repeated
the charge, and persisted in stating that the contents of the letter
were true. They called no witnesses.
The Counsel for the prosecution said, they were possessed of evi-
dence to show that in point of fact the prisoner Gardener was in
bed at his lodgings, seven miles from the spot, at the very time
when he represented bitnself to have witnessed the supposed transac-
tion In question ; but
The Learned Junes said, that such evidence was quite unneees-
nary, the utter falsehood of the charge having been demonstrated by
the witnesses already examined.
Mr. Baron GRAII•11 then summed up the evidence. His Lord-
ship commended the firmness with which the Rev. prosecutor had
acted, in resisting the urocious threat of the prisoners, and the din-
' %%fon manifested to bringior them to justice. It was impossible
for spy turn to doubt the faise:Ood and wickedoess or the charge

ELEGANT FURNITURE, GLASSES, PIANO-FORTE,
LINEN, PORCELAIN. CLOCKS, lac.
Br Mr. JAMES DON KW, •
At his Auction Rooth, Charles-street, Berkeley-square, THIS and
folios ing DAYS, at 12,
iiiCAPITAL Aszemblage of HOUSEHOLD FURNI-
TURE, including the contents of a Gentleman's Residency
removed from liryanstosie-square, of the hest description and in ex-
cellent preservation, comprising suites of drawing-room curtains,
chairs, sofas. and Grecian couches ; card. sofa, loos Pembroke, oc-
casional writing and work tables; pedestal sideboards; fourteen
parlour chairs covered in Morocco; dining and breakfist tables;
large Tirmsela. Turkey, and Axminster carpels: brilliant pier and
chimney glasses, Grecian lamps and 'nitres ; clocks; several four-
post. Had, and mahogany press bedsteads, with chintz, cotton, and
inorine hangings; feather beds and bedding; chests of drawers,
wardrobes, dressing-stands, and domestic requisites.
May be wiewedon the mornings of sale, when Catalogues may be
bad at the Auction RCQIV, Chivica•strect, Berkeley-square.

wlt

ESSEX AND KENT.

Capital FREEHOLD GRAZING LAND, nearly Ninety Aunt,
and a COPYHOLD ESTATE, nearßotnford.

-
By WINSTANLEY kna SONS.
At the MaIarSOMORROW, at It ..nk Three Lots, by order of
Trustees for Sale,
VERY vaIuabIeFREEHOLD tend COPYHOLD
ESTATES, consisting of 63 acres of most capital sound
grazing marsh land, most desirably situate, abutting on the road
leading from East Ham to the Ferry over the Thames to Woolwich,
and of which immediate possession may be had.

THIRTY-SEVEN ACRES of ditto, with a small part reed
shore, situate in Corn Marsh Level, in the parish of Plumstead,
and county of Kent, in the occupation of Mr. Henry 31i'stead.
Also, a MOIETY or FOUR ENCLOSURE'S of ARABLE
LAND, called Long Yard, situate immediately behind the Black
Horse Pul.hc-licuse, at Chadwell Heath, on the high road to Rom.
ford, and containing nearly Eighteen Acres, let on lease at 211. per
annum.

To be viewed. Printed tiarticulan may be had of Messrs. Le
Blanc, Oliver, and Cook, Solicitors, New Bridge-street ; also at
the White Hone, Bow; the Yorkshire Gray, and the White Hone,
Chadwell ; Black Horse, Chadwell-heath ; White Hart, Bamford ;
Green Gate, Plaistow ; Feathers, Plumstead ; Ship, Woolwich;
Crown and Sceptre, Greenwich ; at the Mart ; and of Winstanley
and Sons. Paternoster-row.

-1-r;iii-Trrineri -sit; over the had, ciseltssid coal sticking jus
wow, aad the other did not come up to the surface of
i;
te,