davidaulloa/AmericanStories huggingface dataset:
Sunbury American and Shamokin journal. [volume] (Sunbury, Northumberland Co., Pa.) 1840-1848, 1845-10-04
COnfe sion Of Mr., Cough.

The Confession of Mr.. John B. Cough. the
Temperance Orotor, appears in the New York
papers of Thursday. lie gives a direct and TX
plcit statements of his conduct, as far as tie is
able, which is no doubt entitled to credit lie
says that on the evening Of his arrival at New
York. while walking in Broadway, he was
accosted by a man who introduced himself
as Johnathan WllfaTss and claimed to be an
old shop,mate Of his--lIe walked with him
some distance and then asked him to drink a
glass of soda water.-They went into small
shop in Chatham street, where the man called
or soda, into which Raspberry syrup was pat.
When it was poured ont, he took the glass and
handed i, to Cough, with his hand over the top
of it, which the latter says, he noticed at the
time, as he ,hoaght il was not gen,lemaniy
way of handing glass. lie drank the soda,
and they then walked into Broadway again,
where the man lett him. Soon after, he felt a
singular sensation in the lungs and chest, and
at length became completely bewildered. lie
walked great way, md went into grocery
SURE uNl Ept roht Ehhci"n' HN ~
cos,ed woman at house, but does not re-
member what he said to her. She took him
in, and after that he says he has no recoiec'lou
of what passed during the whole time, until he
was taken away, except that he drank, or how
much, or how often, he does not know. To USE
his own words, he says-"The time that spen
in that place seems to me like horrible dream
"A nightmare, something that cannot de-
scribe"
Mr.. Cough solemly asserts the truth of hi
statement, and in conclusion makes no altemp
to pa,liate or excuse his conduct He bows il
shame TO the censure which he has brough
upon himself from his Temperance friends, an,
his brethren in the Church, and hopes to re
trieve his sad, error, and by his future course I
win again the confidence Of the public.
Sunbury American and Shamokin journal. [volume] (Sunbury, Northumberland Co., Pa.) 1840-1848, 1845-10-04

To FArrEN POULTRY. following will
be found quick and excellent food for tattening
chickens Set rice over the lire with skinned
milk let it boil till the rice sQute swellod out,
then add teaspoontul of sugar. Feed them
three times day in common pans, giving them
only as much as will quite ill them at once.
Let the pans he we'll washed and set in clean
spring water, that no sourness may be conveyed
TO the fowls, as that prevents them from ta'ten-
ing. Give them clean water, or the milk of
rice to drink BY thus method the flesh will have
a clear whteness, which no other food gives
and when it is considered how far pound of
rice will 90, and how much time is saved by
this mode, It will be found to be cheap. 1t IL
said tlat a portion o! animal mixed with veg et-
able TODD, causes poultry to Thrive rapidly but
they should be coniued tot vegetable diet some
time before they are killed. A quantity of char
coal, broken in small pieces. and. placed within
reach OF the poultry, increases their appetite,
aAd =. -....omotss digestion.-I MI"tosh.
Sunbury American and Shamokin journal. [volume] (Sunbury, Northumberland Co., Pa.) 1840-1848, 1845-10-04

SALE os THE BoNAr,RrE PAINTINos-lt
took place on the 18th ulk Among the COM
pany preseet were many of the most respectable,
wealthy, and influential citizens Of this republic.
The bddogs were extremely spirited. The
gross amount OF the sale was twenty Thousand
dollars. 1.-Two lions and a awn," good specI-
men of the master, (Rubens,) brought two thou.
sand three hundred dollars. A marine piece,
"the storm, "(Vernet,) brought Thousand dol
lars. A landscape by Dennis, brought the same
price, The "group OF children" with wreath
OF fruit and flowers, (Rubens and Theders,) }
brought two thousand dollars. The "llon caught
in an act, by Rubens, brought eighteen hundred
dollars. The other pictures were sold at various
prices from one to FIVE hundred dollars We
may notice these sales, and its influence upon the
fine arts in this country, more at length here
aiter-N Y Mirror.
Sunbury American and Shamokin journal. [volume] (Sunbury, Northumberland Co., Pa.) 1840-1848, 1845-10-04
Lines by the late Judge Story.
By Masser l. Eisely

have now before me, in his own hand wri
ting. some verses which were written in 1893
entitled, "Advice to young Lawyer" AS they
cannot fail to be read with interest, | introduce
them here:
When'er you speak, remember every cause
Stands not on eloguencc, but stands on laws
Pregnant in matter, in expression brief,
let every sentence stand with bold relief
Cn trihing points nor time nor talents waste,
A sad offence to learning and to taste
Nor deal with pompous phrase; nor e'er suppose
Poetic flights belong to reasoning prose.
Loose defamation may deceive the crowd.
And seem more striking as it grows more loud
But sober sense rejects it with disdain
As nought but empty noise, and weak, as vain.
The froth of words, the schoolboy's vain parade
OF books aud cases--all his stock in trade
The pert conciets, the cunning tricks and play
OF low Attorneys strung in long array,
The unseemly Jest. the petulant reply,
That chatters on and cares not how, o. why,
Studious. avoid-unwor,hy themes to scan,
They sink the speaker, and disgrace The Man.
Like the false lights, by flying shadows cast,
Scarce seen when present, and forgot, when past
Begin with dignity; expound with grace
Each ground of freasoning in its time and place
Let order reign thronghout-each topic touch,
Nor urge its power too little, or too much
GIVE esch strong thought its most attractive view
In dction clear, and yet severely true.
And, as the arguments in splenaor grow,
Let each reflect its light on all below.
When to The close arrived, make no delays
BY petty hourishes, or verbal plays,
Bnt sum the whole in one deep solemn strain,
Like a strong current fastening to the main,
Mr.. Summers Tribute 10 Story.
Sunbury American and Shamokin journal. [volume] (Sunbury, Northumberland Co., Pa.) 1840-1848, 1845-10-04
To POLISH MsuosANy FrRNITrRE-Rnb il

To Polish MsuosANy FrRNITrRE.-Rnb Is
with cold linseed oil, and polish bs rubbing with
clean dry CLOTH after wlplng 'he o'l from the
furniture Do this once ~. K, and yoHr ma
hogany tables will be so finely polished that hot
water would not iniure them. The reason is
this hnseed oil hardens VIII ev9used Ia the
air and when i, has filed all the pores of tine
wood the surface becomes hard and smooth like
glass.--N. Y. Mechanic.
Sunbury American and Shamokin journal. [volume] (Sunbury, Northumberland Co., Pa.) 1840-1848, 1845-10-04

LiLL,ruTAN pEEu-A specimen ofdeer has
recently been brought home from Java, the pro-
portions OF which are more likely 10 excite the
interest OF the naturalist than the gus,o Ofthe
epicure. 1t is only eight inches high, and
weighs but Bib. loz., and is sdenominated mouse
deer 1t is perfectly domesticaed, following its
owner like spaniel. said to be the only one OF
the species in England.
Sunbury American and Shamokin journal. [volume] (Sunbury, Northumberland Co., Pa.) 1840-1848, 1845-10-04
The Night Is closing round, Mother.

The Night Is closing round, Mother,
BY BARRY CORNWALL.
The night is closing round, mother!
The shadows are :hick and 6eep
All round me they cling like an iron ring,
And cannot--cannot sleep.
Al, Heaven, thy hand. thy hand, mother,
Let me lie on thy nursing breast,
They have smitten my brain with piercing
pain;
But It's gone--and new shall rest
l could sleep long, long sleep, mother!
So, seek me calm, cool bed;
You may lay me low, in the virgin snow,
With n1oss bank for r1y head
/ would lie in the wild woods mother,
Where nought but the birds are known;
Where nothing is seen but the branches green
And flowers on the grcensward strewn.
No lovers there witch the air, mother,
Nor mock at the holy sky;
One may live and be CAV like a summer day,
And at aast like the snmmer--die,
Sunbury American and Shamokin journal. [volume] (Sunbury, Northumberland Co., Pa.) 1840-1848, 1845-10-04

For MAKING JELLy>---Those who would make
fine jelly, should always avoid boiling the juice
Oft the trut. when it is desirable to have the ar
from whck 1t was prepared. After the juice is
pressed from the trult, and the proper quanity OF
sugur added to II, let it be heated until the
gar is dissolved; after this is effected, no fur
ther heat is required.
Sunbury American and Shamokin journal. [volume] (Sunbury, Northumberland Co., Pa.) 1840-1848, 1845-10-04

Drunken men appear TO have singular pro.
pensi,y, when near railroad, to lay down to
sleep on iron rail- Last week near Geneva,
n. Y. case OF this kind occurred, and the man
was cut ia two by atrain Of cars which passed
over him
Sunbury American and Shamokin journal. [volume] (Sunbury, Northumberland Co., Pa.) 1840-1848, 1845-10-04
PIRCEs OF ADVERTISING.
square | insertion, so 30
l do 2 do 0 rs
do do | 90

Every subsequent insertion, 0 2h
Yearly Advertisements: one column, s25 (, half
column, SIS, three squares. Sl2, two squares, 80;
one square, IS. HaEyearly column. SIS
half column, Si2 three squares, So; two squares,
IS; one square, 50 so.
Advertisements left without directions az TO the
length Of time they are to be published, will be
continued until ordered OUT and charged accord
ingly.
CTSxteen lines make 4 square.
Sunbury American and Shamokin journal. [volume] (Sunbury, Northumberland Co., Pa.) 1840-1848, 1845-10-04
S p a II r S II Fl I'D z S

TAM Frs OIL.
5000 D,y l., Plat, llid,s--frst quality
1900 Dry LEA iiuna. do
1000 by Sand La Guira. do
1000 Dry Salt d }r ail Hides De
:}J Bales Green Sa,,ed Paina Kips,
20 Bales Dry Pan. Klps.
100 Barrels 3mrntrs' OH.
Tanners and curiirrs' Tools.
For sale to County Tan4+ers at the fowes1 prices
aHd upon the hest terms.
N. b. The highes, market prices p,id for all
Kinds of lrather.
ID. IRKPATRICK s. SONS.
No. 81, Sou,h bird ST. Phil phia
September Ia, ls4l.-ly.
Washington telegraph., 1845-10-08
CONSTITUTION OF TEXAS.
icoNrIxrED FRoM FIRST PAGE.


Sec. Is. Every order, resolution, or votes TO
which the concurrence of both Houses of the
Lcgisl1ture may be necessary. except on que stons
of adiourum ca shall be pre- s,nted to The Govern-
or. and before it shall take eff ct, be approved by
him: or, being disapproved, shall be repassed by
both Houses according TO the rules and limitations
prescribed in the case Of bill
Sec 80. The Governor, by and with the ad-
ii e and consent of two-thirds of the Senate, shall
nppoint a convenient number Of Nola..ies Public
not exceeding SIX for each county who, in addi-
ton to such duties prescribed by law, shall
discharge such other duties tie Lcl stature may
from time TO time prescribe.
Sec 90 Nominations to fiji vacancies that
NAV have occurred during the recess. shall be
made to the Senate during the first ten days of its
session And should any nomination made iSe
rejected. the same individual shall not again be
nominated during the session to I'LL the same Of
flee. And should the Governor fail to make NOM
nations 10 I'LL any vacancy, during the session of
the Senate such Ic:lncy shall not be filed by the
Governor until the next meeting of the Senate
Sec 81 The Governor shall reside during the
session of the Legislature, at the place where
their sessions may be held, and at all other times
wherever, ia their opinion, the public good may
require.
Sec %. 10 person holding the office Of Gov
crnor, shall hold any other Office or commission,
civil or military.
Sec. %. \ State Treasurer and Comptroller oi
public accounts shall be biennially elected by the
Joint ballot of both Houses of the LEGISLATURE, and
in case of vacancy in either of said offices during
the recess of the Legislature such vacancy shall
be filed by the Governor, which appointment
shall continue until the close OF the next session
Of the Legislature thereafter.
Washington telegraph., 1845-10-08
Administration Notice.

COUNTY OF HEMPSTEAD. Scr-At the
CCourt of Probate for Hampstead county. Arks.,
at the July term thereof, A. ID. lsI5. the follow
ing administration accounts filed for settle
ment and confirmation at the next October term
of said court, viz:
James +. johnson, admr. d. b. n. with the will
annexed of the estate Of Edward johnson. jr., dec
Watson Reid admr. d. b. n. est. Of X. Morrow dec
ii. w. Smith, "a Willis Dillard.
Jos Stuart. surviving adr. est. Abraham Stuart,
Thomas Hubbard, admr. est. Of T. w. Brown.
Lewis Ambrose, ..fs = sG.W.Ambrosc,
Robert r. Reid. Robert Reid
Elijah Ferguson, John Britton,
Thomas Hubbard, exer. ). Fuqua. :
BENJAMIN p. lett 10. b. Cole
u. NJ II. Bankhead, guard T. C. Dupree's heirs.
7. T. Collier, w. II. Halle.
Therefore, notice is hereby given to all persons
interested in the settlements Of said estates TO
come forward and file exceptions to said accounts
if any they have, on or before the second day of
the next term of said court, they win be forever
barred from excepting to said accounts or any
item thereof - -as b..
FrIg liII S. 7. SANDERS, Clerk.
503 sc gisf X t-..t.f
Washington telegraph., 1845-10-08
ARTICLE SIXTH.
MILITIA.

Sec [. The Legislature shall provide by law
for organizing and disciplming the militia of this
State in such manner they may deem expedI-
ent, not incompatible with the Constitution and
laws of the United States in relation thereto.
SEE. >. ANY person who coascientiously scru-
,des TO hear arms shall not be compelled to do so,
but shall pay an equivalent for personal service
Sec. , No licensed minister OF the Gospel
shall be required TO perform military duty. work
on roads or serve on juTics in this State
Sec. /. The Governor shall have power TO call
forth the, militia to execute the laws of the State
to suppress instructions and to repel invasions.
Washington telegraph., 1845-10-08
THE STATE OF ARKANSAS.

County Of Union.
In the Union Circuit Court, in vacation, July
Both A. ID. ls45.
=. Petition for Divorce.
Mary Neal.
L ND now this day came the complainant
IA by Rainey. h- solicitor. who flied hs ball for
a divorce from Mary Neal the defendant, in said
bill on the grounds that said defendant offered such
indgnitcs to the complainant as to render his
condition intolerabe, and farther that -sid defend
ant left the eomplainani's bed and bcarsi without
and said complainant filed his affidavit that said
defendant is nonresident Of this State, and
thereupon made application for an order OF pub
LEGATION against said defendant.
II is therefore ordered an considered that un-
less the said defendant Mary Neal. b.. and ap-
pear by herself solicitor, before the fourth
day of the next term of the Circuit Court. in and
for said county of Union, and except. plead, an
swer, demur, to the compIainani's hill or reii-
ton, the allegations in said bill win be taken a.
confessed and the prayer therefore decreed accord
ingy.
And il is further ordered that n copy of this or
der be published for eight weeks Snct ely. in
the Washington Telegraph. newspaper publish
ed in Washington, Hampstead county, Arkansas.
the last insertion TO he ai least four weeks before
the first day of the next term of the Circuit
Court, for the county aforesaid
X. NJ. HARDY, CLERK,
A. T. Rainey, complainant's solicitor.
A true copy from the record.
Test, X. VI. HARDY, CLERK
August i3-i1-St Prs fee Sls
Washington telegraph., 1845-10-08

Y books and accosnis up to the LIST Of lam
n nary, iSi5, are n the hands Of JaNrs r.
-rTr- Esd, fer settlement All persons having
unsettled accounts with me 10 that date will
please call at my old office and settle the Same
with hIm- BENZ. +. JEI'T.
Washington, August IL, Ief5.-sS-tf f7'r 'n
Washington telegraph., 1845-10-08
THE STATE OF ARKANSAS


Union County
CLERK 5 office of the Circuit Court Union Count y
In vacation, the 2sth day of July, A. ID. ls45.
Joseph b. Henry,
r. Bill for Divorce.
Martha J. Henry
WIS day came the complainant by his sol;ci-
tor, f. r. Brown, and filed his bill for !, d.
vorce from the defendant for an eiopemenf, com
Initting adultery. Sc and ii appearing from M.
affidavit OF said complainant. that The said defen
dant Is a nonresident Of this State. Therefor.
on motion of ccmplanaHt's solicitor. II is order,
I'd that unless the said defendant Martha ii Her.
~ appear BY herself or solicitor on or hef,r NV.
fourth day Of the next term Of the Circuit Court
IN and for said county. snd answer. plead. or de-
nnr 70 comPlainants bil- the allegations Of said
N wiil b. taken as confessed aud ii u further
ordered that copy Of this order b. pr ID III wv.
washington Telegraph. for eight weeks success
v"v ise last insertion % be- ai least lrnr- ~-.,t .
iHf-r Nh f--t iay nj fi-r HeEf rrra NJ .-L, ,,5r
m.N .M I- th Nh rr.a.rn ir-HUYl ilHr- i- .-i,r,, Nh.
III HARDY. u -
a i-1c copy rom me re,-srsl. -
Test, h. VI. HARDY c,vn
August l3iT-Si Prs fee &l3 80
Washington telegraph., 1845-10-08

IT, Z BILL Tor divorce
Emma J. Rodgers, defendant
4 ND now on this day came the complainant.
by Davis X Quillin. his attorneys who had
filed his Bill for a divorce from the defendant on
the Goth day Of April. A. ID. lsI5. and also his
affidavit that the said defendant was and il a non
resident Of the State of Arkansas and made his
motion for an order pf publication against said de-
fendant, and appealing from the affidavit Of said
complainant that said defendant IL a nonresident
Of the State of Arkansas
Therefore it is o;dered and considered that I'M
less the said defendant Emma J. Rodgers. appears
by herself, or SOLICITOR before the fourth rlay
Of the next term of the Circuit Court IL and f.,r
said county of Union, and except, plead. answer.
or demur, TO the complainants bill. the allegations
OF said bull will be taken confessed and the
prayer therefore decreed accordingly
SAID bull charges that said defendant on or about
the l2th day Of August 1912. wilfuly left the bed
and board Of said complainant. without his con-
sent, and against will. pursuasions. advice and en-
treaties, and IL S further ordered, that COPY or
this order be published for eight weeks successive
ly, in the Washington Telegraph. a newspaper
published IN Washington. Hampstead county. Ar
kansas, the last insertion TO b. at least four weeks
before the first day CT the next term OF the Circuit
Court, for the county aforesaid.
r. NJ HARDY, CLERK.
a true copy Of the record.
Tesie, r. NJ HARDy
Davis n Quillian. complainani- solicitors
August, l3-Is-st Prs fee 500
Washington telegraph., 1845-10-08
.Seic Goods .se.c Goods.

.Sesc Goods .sIe.c Goods.
FRESH GROCERIES &c.
usT received and for safe cnrAr roR c..sr
- % bblS- sugar.
p hhis. wbiSkey.
n -lal.- ra.... ".
llct FtrP' r, Sa''- 'icr@, Ginger, &c. sc.
Also
A large assortment Of French and American
fnnis' Printed Muslins. Book Mnslins, Jaconets.
Alapaca, Mus Do LANES, Er.-Iish and FIench
MerInoes- new and fashionable Ready-made Cloth
Of all kinds. ""oos
ALSO
y large assortment Of Boots and Shoes. Hats.
Gaps, Saddles, Brides, Hardware, Cutlery. Sc
&c, &c. - 49,
All Of which i offered low for cash. cotton. dry
hides peltries, bees-wax, &c.
COLLINS e. SWAN.
Fulton, Arks., June Is, lss5-4l-3m.
Washington telegraph., 1845-10-08
The Spring Hill Female
Academy

"a ILL resume operations. under the direction
ev Of IFS former Principal, MRs. Banks. on the
first Monday Of October, merit. Ma. Sci,ER
still continues in the Music department; and Mn.
JOEL w HANx,n in the Boarding department.
The terms of tnition as heretofore; but boarding
has been reduced TO 80 per month Provisions
has been made at Ma HASNAm's for about twenty
young ladies, who will be under the immediate
care of the Principal.
Spring Hill. Ark's. August 90. lss5-49-6w
Washington telegraph., 1845-10-08
STATE OF ARKANSAS. }cIerk,s Office of

\
Circuit Court in vacation this 2Sfh dav of july
Al ID. l-45
rs. B7l for Divorce.
Mary C. Goodwin. y
His day came the complainant BY L. X.
Brown, his solicitor, and flied his bin for
divorce from the defendant for committing aaulty,
coping with aaother man, &c, and il appearing
irum the affidavit Of said complainant that tlr
Sad defendant j. a nonresident Of ihiS State.
tisrelore, on motion Of the complainant's solicitor,
I IS ordered that unless the said defendant MARY
NJ Goodwin, appear BY herself or solicitor on o.
before the fourth day Of the next term Of the
circuit court in and for said county and except,
plead, answer or demur TO the complainants Bill,
or the allegation of said bill Will be taken as
confessed and The prayer thereof decreed accord.
ing, and Il y further ordered that copy Of this
order be printed in the Washington Telegraph for
eight weeks suecessvely, the last insertion to be
a least four weeks before the first day Of the
next term q the circuit court for the comfy afore-
said.
r. NJ HARDY, CLrEK.
true copy from the records
Teste: r. NJ HARDY, CLrrK.
41-sw-pr's fee SI3 80
Washington telegraph., 1845-10-08
COPartnerShiD.

tUPdrtnerSnIp-
NI 4, the undersigned, have this day farrned
w partnership for the purpose Of doing
general Sfordge and Commission Business at
Fulton, on Red river, under the firm of SNrru \
JOHNSON Having large and commodious build
ings, all business entrusted to our care. will be
strictly attended to and punctually accounted for
l. J. SMITH.
JOHN s. JOHNSON.
Hampstead CO., Arks-, Jam I, Is45.
Washington telegraph., 1845-10-08
RATES OF THE
w a . n ingtOn Hotel.

nOARDING by the month, $40
I'D Boarding and lodging per month, S12
Boarding and lodging per week during court
or public times, s.
Boarding and lodging per day during court or
public times, 81
Boarding and LODGING per- week. - 20
Boarding and lodging per day, ~
Single meal. 25
Lodging. 25
Horse feed, l5
Keeping horse p hours. III
Keeping man and horse all night q *
Keeping horse per week. 81
Z. :" month. <If
RnarirrS win hr expected M pm N r r
,rh month
No credn az She bar.
Y +. SULLIVAN. p
n~hinr'on August %. ls45 -in-if
Washington telegraph., 1845-10-08
II NO1ice.

Z HE undersigned will apply TO the Honorable
Judge Of the Probate Court OF Hampstead
County. Arks.. at the next October term Of said
court for order TO sell all the right title Interest
and estate Of the late Allen VI. Oakley. in and t.
the following real estate situated in Hampstead
county, Arks. TO wit The equal undivided
moety Of the N. w. quar-. Of sec. l3. and the frac
of the s. E. frac. quar-. of sec - in town l3 81
range % west Also the upper :. W. of III
No. and lot No. 4 in block No. & in the tnwn
Of Washington, together with alI The improve
ments and aPPurtenanees thcr-nnto belonaing
j. w. FINLEY. iduisisfrafor.
September ., lsl5.
Washington telegraph., 1845-10-08
W A n t r ID
DR n. Id. SMITH.

DIX. BENZ. IL. JET
LAS resumed the practice Of medicine in
- Washington, and may at all times be
found at MS apothecary store, unless profes-
sionaiis absent, where he will keep a full
supply offresh medicines for sale low for cash
Washington. Nav 9.-4-tf.
Washington telegraph., 1845-10-08
JOHN @. PRATT & CO.,
Cotton and Tobacco Factors,
GENERAL COMMISSION MERCHANTS

No. 50, COMMON ST., New ORLEANS.
REFER TO
Grandson d. Roysion, ashington, Ark.
GOV. Jas. 3 CONWAY, Iafiverte CO.. !"
Jacob Barkman, Esq Clark county, 4"
wm Owen ESQ.
November 81. ls43. l9-tf
Washington telegraph., 1845-10-08
Contracts by the Year
standing Advcrtisemen,. A

10 l'Is, s%sni1s' % tbs Sc 90 each additional
10 u 15 M : 0T
All advertisements Of personal alterc,,;o,. .s, W
in all Gases be charged double WIZ
All advertisements must BE- marked ,v;,, !,
number Of insertions, otherwise they viii h ~ tle
tinned until forbid, and charged accordipaJ, DoHf
No person will be announced as a Gambia, -
any ofiice' without the advance payment ef sra ~,
dollars n hve
IrJcb work must BE- paid for on deIiva-,
All letters must be post paid
Single copies fthe paper l25 cents
The above rules will be strictly afber.5 IN
Washington telegraph., 1845-10-08
STITE OF ARKANSAS D

County Of Union.
In the Union Circuit Court, in vacation. July
29th, A. d. 1916.
William ]. Rodgers, complainant,
Emma J. Rodgers, defendant