davidaulloa/AmericanStories huggingface dataset:
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-02-21

that think he is my senior in sense Don't
you suppose would call a neiehbor inhumsn
il ! were to SEE him beating his cattle in that
mannerl OF course ! should, and speak 1t
right out, too. But have not got neiphbor
that would do as have dune tonight. see
it all. John shall moi have occasion TO rebuke
his father again for that SIM II is sin, and
God forgive me lie don't treat his creatures
in that manner. profess to follow him. All
wife it is humiliation. Yet, God bless that
noble boy for his expression of dsapproval.
Reader, does it appyl Is it home ihrustl
We hope you have no reason 10 appropriate
this to yourself. Bu, il you have will you
profit by IL Your heart is as large as any
body's. Your synpaihies and noble impulses
as free and flowing. But you sometimes per-
haps neglect TO control yourself-forret you
are made after the image Of your Maker, and
that he regards such exhibitions as are de-
scrbed above with pity and dispeasure.
Then it dues not profit you. Every blow
you strike, every inhuman act, deierioraies
your properly in yalue-takes large per cent
from your profits. But reverse the practice
and you prosper. No mistake, sir, kindness
adds it's proportion of flesh to your animal, and
large proportion, too. You are not stogelh-
er master, but servant 10 the anmal l--sleward
and pIovider. God has given you this relation.
Fulfil its duies.-Prairie Farmer.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-02-21

II may be interesting 10 the inquring mind
10 know how the immense cables which sup
port suspension bridges, are manufactured and
placed on the towers which support ihem.-
Tuey are made on The spot and in the place
they are to occnpy. There is no twist in the
strand, but each wire is stretched across inde-
pendently and laid by the side of the others,
after which the whole is bound together with
small wires, at intervals ofa few inches. The
four cables which support the bridge at Niagara
each some twelve or thirteen inches in dame
ter, are far too heavy to be handled by any or
dinary or extraordinary tackle but being laid
with each wire pulling independently, and each
stretched at the outset, so as 10 correspond with
the others, the whole difficulty is surmounled,
and the fullest possible strength of each wire
| is made use of.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-02-21

While the joys, Of youth are bright;
While our daily cares are Light
While rich blessings crown our way
Renewed, by thee, for us each day.
While thy watchful care we see
Father! we will trust in Thee.
While our path is strewn with flowers,
Bright as bloom in summer hours
While kind friends are ever near,
With willing hearts our way to Cheer
While their happy smiles we see
Father we will trust in Thee.
While "od Time" is winging fast,
Bearing joys that ne'er can last,
Though it bears our youth away
With all its pleasures bright and gay =
Then we hope to better be
Trusting Father still in Thee.
Though our future days may bring
More Of care and sufiering;-
Though we sometimes breathe a sigh
For the happy days gone BY
Still our life may happy be.
If our trust is firm in Thee.
God of love- without thy care
We might well repine, despair,
But with Thee in kindness near,
To calm the storm, to dry the tear,
We hope to ever thankful be,
Putting all our trust in Thee.
Cold, indeed, the heart must be
That trusts itself instead of Thee;
Vain pleasures seeking TO enjoy,
No higher thoughts that mind employ;
Oh! may tee far uiser be,
May VIC erer trust in Thee.
May we search Thy Word with care,
Daily finding pleasures there,
Pleasures true to guide the mind
Something new we re sure to find,
Sacred truths. for all to be,
Telling all to trust In Thee. LIZZIE.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-02-21

HAD EN- AT LAsT.-A young man from the
rural districts" weni 10 the posi-uflice the 9th
er day with bank note, for dollar s worth of
postage stamps. lie was told that paper mon
ey was moi received. He went away, and short
ly returned with fonr Spanish quarters. We
don, receive them now, said the attendant 'for
more than twenty cents apiece The country
man thought Uncle Sam mighty particular, so
he wen, away again and obtained a dollar in
coppers. Now said he, on returning 10 the
office, and laying down his pile at the win
dow OF the delivery i guess ] can suit ye.'
The man idsde looked al The display Of specie
currency, and coUlly said, I'VE never take
more than three cents in copper al any one
time il is not legal tender above that sum-
The cOuniryman looked at the composed Of
fetal for The space Of minute and half with
out stirring and then he belched out, Look
here you amt you almighty kind Of parlcu-
lar, for fellers locked up in such Jail as this
ERE You don't take only three cenis in COP
pers at time, heyl Well, then, s'pose you
give me three cents worth Of stamps anyhow
The official very politely cut him off single
stamp, and passed it out, for which the coun-
tryman laid down three cents. He was about
to pass away, when the latter cried out, Look
here, you Hold on That 'ere's oae time.
Now s'pose you gin me three cents worth more
on EN-
Uncle Sans clerk was not slow in discover
ing that he had caught a tartar. He turned
: back to the window. How many coppers have
You got = he asked. Wall, only about nine
ty-seven on EN- ] had a hundred on em when
begun Pass em in was the pruff reply.
Pass out your stamps fust and then will, ,
said Jonathan, but | reckon you don't keich
me agin.' The stamps were passed out, the
coppers were handed over, when the country
man went off saying, i s'pose because feer
holds office under Uncle Sam he thinks he's
. smarler'n all creation but ] guess they larnt
, someihn' that time. .'-Lo,reH Neics
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-02-21

No! l HAVE NOT BEGUN TO FIeHr -
Such was the language of Paul Jones when
the British commander asked il he had surren-
dered. Although his decks were slippery with
blood, his ship on FIRE, his guns dismounied and
his colors shot away, Paul Jones, with an im-
mortal heroism, kept up the battle. DO you
surrender' shouts the English captain, when
he saw that The colors of The Bon Homme
Richard were gone from the masthead. There
was lull in the conflict for an instant
+. And the boldest held his BREATH
as Paul Jones, covered with blood and powder
stains, waved his sword and gave his memora-
Bile answer, No, ! hare moi begun 10 fight "
And the result was that the battle changed, and
in few moments the British friga,e struck her
colors and surrendered, and Paul Jones leaping
from his own sinking vessel stood victorious
upon the royal deck !-Rochestsr Ameriean.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-02-21
+. III. FESSENDEN.
~ ENERAL INSURANCE AGENCY
NJ Once wiIIiston's Stone Block.

The subscriber has the agency Of the VT MUTUAL FIRE
INSURANCE COMPANY with Capital exceeding 81 .3O0.
900. Also the SPRINGFIELD FIRE AND MARINE INSUR-
ANCE COMPANY, (sock) with Capital Of $3.50 900 large
surplus; and the CONWAY FIRE INSURANCE COMPANY,
(stock with Capital Of 100000 lie also prepared to ef
feet Insurance. II desired In the ETNA INSURANCE COM
PANY, Hartford, and ATLANTIC FIRE AND MARINE CO.,
Providence Persons wishing TO insure property will do
well to call him before eectlng the same Insurance on
LIfE may also be effected with him In the NATIONAL LIFE
INSURANCE COMPANY, Cor any term and to any amount
not exceeding $4,000 at risk. Y. ii. FEsSENDEN
Brattleboro, January 9th, 1857.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-02-21

AS lady was walking, short time ago,
gentleman's button caught hold of the fringe Of
her shawl. Some moments elapsed before the
parties separated.
81 am attached TO you," said the gentleman,
good humoredly, while he was induslriously
trying to get loose.
1.-The attachment is mutual, SIR" was the
good-humored reply.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-02-21
New Series. Vol. 3.
P 0 Z T R Y.
THE FADED FLOWER.
by ROBERT JossELYN


keep it still. the faded flower,
Through long and cheerful years,
In memory of that happy hour,
Which time the more endears;
When, from her hand, the gift took
Ard saw the tear-drops start,
And clasped, with fond and grateful look
The girer 10 my heart.
That flower, like her who gave it, then
Was lovelest of its kind,
And vainly might | seek again
SO fair flower to find;
But brief alike the joy and bloom,
1t withered in day,
And reft of hope and wrapt in gloom,
bore it far away.
In distant lands, midst care and grief
That flower was yet more dear,
And often every cherished leaf
And moistened with tear;
And still keep the faded flower,
And hold, while life shall last,
The memory of that happy hour,
Which consecrates the past
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-02-21

A minister approached mischievous urchin
about twelve years old, and laying his hand up
On his shoulder, thus addressed him "My son.
believe the devil has got hold Of you" 81
believe he has too" was the significant reply
Of the nrehin.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-02-21

A besgar accos,ed friend of ours the 9th
er day, and, TO get rid of his opportunities, he
rendered him Spanish quarter, which he re-
fused, saying it would only pass for twenty
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-02-21
THE PERIODICAL DEPOT HAS BEEN RE

IL moved from opposite the american House TO Blake.
Budng two doors north Of the Revere House. where
extensive aud better selected stock Of Newspapers, Pes
rlodicais, Miscellaneous Books, Stationery
kept by H. j. CARPENTER.
BratlebOro, Nov. sth, 1855. Al
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-02-21

E-A maid of honor in France. being asked
the hour by her royal mistress, obsequiously re-
piled, What your majesty Plesses answer
even less definite than that of the cowboy, who,
after looking up at the town clock, said it was
only ''half an inch past eight
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-02-21

Moderation is commonly firm, and hrmness
is commonly successful.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-02-21
ADVERTISEMENTS.

PoR Of IL lines less nonparc type he small
lest size ns three Insertions s for each subsequent In
scrOn 20 cents The number Of Insertions he marked
all advertisements they will c continued until ordered
out. Contracts will be made with advertisers by the col
fractional parts thereof at liberal rates Transient
advertising 10 lc laid In advance.
FoR all Probate Advertisements excepting notices Of appca-
tons to sell real estate sl6O each for three Insertions
PosrAGE-TE vERNoSr PTNx sent into all the Of
Wdham County ee n Postage. To any part % this
out Of this County, for IS cents per year; elsewhere 20
per ycar-payments in NIL cases to be made quarterly In
advance
Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1857-02-06

bans. VT, was made member of the Com
mlttee.
On motion, the Committee adjourned till
9 O'Clock Monday morning.
FIX Governor Robin son, o Kansas, ar
rived yesterday from Washington. aud W i'll
participate i'll the future deliberations Of the
body. fhaddeus Hyatt. Esq, President Of
the committee, has been spending some moaths
in the ferritorv he is now en- route for New
York, and will doubtless arrive before the ad-
journment.- Tribune
Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1857-02-06
Sl,50 A YEAR IN ADVANCE.

she is too proud to receive that fror
a stranger, even from my generou
lola"
Two costly rings sparkled on lola
fingers, ruby and a diamond. Sh,
looked at them a few moments, holdin:
her delicate hand to the light, that sht
might admire their sparkle.
Would she wear one of these tt
please me r. said lola.
Il do not know you may give it tC
her some day, if you wish. But do not
talk to me now, darling have somt
letters to write
Not long af.er, lola oanao into his
room again with such downcast coun.
tenance, that he instantly laid aside hi,
papers to discover and console her troub-
What. homesick, Iola." he ex-
claimed gsilr. "lIave YOU been crying
to 90 back to Florance
"0h no" answered lola; "but
Lucy Hale won't take my little pres
ent.
"Ah - said Strickland but somehow
her refusal did not surprise him. Tell
me all about it.
Il went down to the cottage early
this morning, and Lucy smiled to see
me and asked me to come in. went
in and sat down beside her, and told beI
all about my old home how you had
found me selling flowers, and had been
50 goo to me, and broug ght me home
with you when my poor grandmother
died. And she was so interested. tha
she sat looking in my face and did not
touch her work while WAS tllking.-
Then told her how ike my beautiful
mother she looked, and taking off my
ruby ring, putting it on her finger, which
is as small as nine. She smiled very
pleasantly; but when | tod her she
must wear it. she changed color. and
pushed it from her finger. begged her
to keep it, telling her it was much finer
than the plain little ring she wore; but
her face flashed as il she were angry.
and she said, she would not give that
plain ring for all the Jewels in the world
Then she was pale again, and begged me
to tell no one what she had said
why did you not keep her secret
then said Henry, stcrnly and with a
strange look in his eyes.
II always tell got everything" SAID
lola winningly. is it wrong:'
No. WAS the kesita;ing reply, "Bu.
I-1 ~ ~, -
Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1857-02-06
Gbr Stoyl]- GcI!er.
From the Ladies Wrcath.l
Z Q LA.
ny INEz.

N In yellow farm house. Just ont the vii
lag, oil Lindea, there lived Heury Strick-
baud ever since his gaod na father had
lett hun the farm as his sole inheritance
Though born in the country. Henry
vas we'll edlcated, aud possessed live
y and cultivated Imagination. But being
IN industrious youth, and poor withal,
his ardent fancy thus far had only served
70 brighten his daily toll with dreams OF
what might be.
Down the hill, nestled among cherry
trees and rose bushes, stood little Gotta se
where dwelt the widow Hale AMI her daush
ter Lucy. Here. in summer afternoons,
would Henry often come, and while Luc, /,
piled the needle which earned her daily
bread. he would euliyen her solitude by
hrs friendly gaie,y
Lucy was no rustic beauty. She was
never the belle of couu,ry merry makings;
but there was a sweetn .ss in her face and
repose in her manner, whica we'll supp led
1hc iacA OF rosy cheeks and ilaltless tea
tures. Her brown hair was parted simply
on her forehead; and her ear, blue eyes
Ine 9eaelth with quiet, stea ly lustre
They i;l beneath tienry's most care
tess glance but when they did meet his
eaefc Was depth and elearness in theiI
gaze taa, haunted HIM long afterward.
Sometimes, winter evenings. be would
sake with him some thrilling book. read
unili midnight to the widow and daughter
% whose poverty books were a luxury.
81 Aud very spring he too, his spade and
Eent down to the cottage to make Lucy
o"er-bels. Then in July, when hi. birth
lay came, Lucy would gather the best oi
Aor pinks and roses, together with boly.
Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1857-02-06
|, The Law Of Esw.rare1s.

J. Subscribers who TO not express notice 10 -
contrary are conslaesed Wishing to conInaa
their subscriptions.
g If subscribers order the discentnuanec OF
.ha II papers, ilie p., ,sbef eeulnl,e TO senG
them until all arrearges are paid.
8. If subscribers neglect refuse to tala
Gieir papers from the office to which they d.
rectcd, they are held responsible Till they sctAe
their bills and order the papers discontinued.
t. IF any subscribers remove to another piare
without informing the publishers, and the psspsls
are sent to the former direction, they are hold r.,
sponsi6ic.
s. The courts have decided that refusing to
take newspaper from the Office, for removing and
rea,ing il unealled for, is prra faeie evidence II
intentional fraud. n
Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1857-02-06
A FAR l. " L SOS y.

~ At-zt A. atit
liz time. Tie fearful tims a como,
Whcl. we must say farewell
Iloa hari It is TO part with friends,
rhoy Who have loved e.,n tell.
Gu' they whose heart. h-va known not love
Cah never etmpsehsni,
The anguish which a true heart feels,
Naea ptrttas wit1 friend
Oh las il been nay painful task,
r. say farewell - these,
" hose .ln ie' Of love were to my cart,
What II ght is 10 the ruso.
AaI must lrr part, my more than fIlead
Is II stcrn Fate. 'eeree'
Alas, did not know before,
How dear thou vert 70 me
Leave not the hear, that worshIis thee
Twill break away from thine
Thou never wilt hnd one to love
Thee with u love like tAinc.
o maay a Kind friend thou may'st tnd,
Bat uoar 81 fond as |
And none To- make thee eve, blest,
- Eealugsly would try.
But aimee il is our fatal doom
To Vart-be i-us - me,
Al this devoted heart If mine
Mus eye. bo 10 thee
Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1857-02-06
Oriaiual }Surttll.
HARD TIMES.

] called my Pegasus here to-day,
s% Away from his quiet grazing,
Intendlns 10 perpctfate some equestrian
Feat in rhyme, amazing.
z sBu, 10, and behold my fve-wngcd steed
~ WAS cnansed to a snahby donkey
W It a suTrowIui WAY ot holding his head,
80 'AniNs long ahd laHk As a monkey.
I'D sure no one" cried, were he sober and "a
~ tiouai,
Ever would set nm Ia praneins
" by. d just soon thiaS OF tue old consre
81 Meeting house taking l. dancing.
IT, Nus next came to my call hut. alas
ss ftet SKIRTS were realty nabby
sAnd ucr saocs siip-snud, Aad ncr doiefui phis.
81 As ,ai as tAc tasus oi my iahGy,
= Pay what !. the matter - cried, aghast,
q III at sca,ns. WAY tnus altered
AA.tef a l0ns s-'irswn sign, at last
- lie times are Aatd sac ia.teTed
'.lne times are hard and money is II sht,
RI Qasta tac aainN "a Pegasus
vu uiust ar wvuaef, dear Miss at our light,
Nor taat want aad care dcl.scr us.
:. Bcs0ne prep1s;cr0us d nkcy - | cried,
g liu1n, ais ears TIL they rung
- Now noid up y9aF heaI aal sing, Madam
Muse :"
81 And TINS Is the song she sung.
:. out of spirits and out of money,
81 And out OF e,cryt,tus
Nv itn no very ttngIbtc prospects, a. yet, that
sk Ever again shall be In.
- Gloves are getting decidedly shabby,
ii f,ngers arc pokng through.
Iurs arc minus. although tne mercury,
III >tanis Ut twcniy below.
-. Last winters feathers fresh az ever,
M ,,aily faunt in the ait.
Last winters silks to keep them COMPANY
s. Eathet the worse Tor
- Chsuuia- articles Giied with sentiment,
81 Nr.te by tac host,
Hut on fay honor, tne first red cent | WAnt,
& often to pay the post
E /" | write 10 editors east and west.
And norta anJ south, oy the score,
Saying. pay ms tac httte you owe to ne,
just N..at Is dgc--no ul0Te
Z q Bat when I prefer my rcques, 50 agreeable,
Taeush tGey make promises fair.
.l5s tAcy c,nsis nv uat7 II aIsat(s,
3 t.on iAc t,,t editorial cnal.
= / IN uJt quite ecFi4i.I shaa, commit
4 u4sy.s44ts 4esi s5.lsr ia
-, }, oa4n day, !esesFy y-u1!es- ne
F .tass ..isA.I t44..ate ttast Aray
4 hut a--r 1t pod ,le aa4s.t9as eo.aFiaiusr.
f...9l,i4 ~; s..y s,-.E, tai /.
All yzl.. . s..l sei4et. eau.1 never be caIle4 Ut
@ = szaa t..; D.! -! c9y
Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1857-02-06

MURDER OF AN ARCHBISHOP. The
Archbishop of Paris was assassinated
while performing religious services in
the Church st. Etienne, by discharged
priest, named Verges
Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1857-02-06
JOB PRINTING.

Executed at this oficc with ncatness and dispatoh
Posters, Shop-bils, Blanks, Circulars, Bill-lieads
Programmes, Receipts, By Laws, Court Dockets
Envelopes, Labels, Cards, &c. &c.
Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1857-02-06

THERE was once man SO intensely
polite, th t, as he passed hen on her
nest, he said, Don't rise, ma am"
Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1857-02-06

NED BuNrLISE has become a spirit
aalist lecturer and Orr, who was styled
+" tho Angel Gabriel," is dead
Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1857-02-06

"Oa, yav,' was the reply, 81 know
the reason for dat-my mother was q
Domda."
Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1857-02-06

THE best and most conclusive reason
for An effect that we ever remember TO
have heard, was given by Dutchman,
in reply to friend who remarked,
Why, Hans, you have the most
feminine cast OF countenancc | have ever
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-06

Our Geographic dispatches from the Western
Elections are more meager than they would have
been but for the prevalence of tempestuous weather
We infer from their tenor, however, that Mis-.
souri, bias been carried by the Slave Democracy,
os we anticipated, and that the proposed New
Constitution of Iowa has been defeated by close
vote, the allpOtent cry of Niger" having proved
too strong for it. Further advices may change
these conclusions, but We do not regard this rs
probable. In Kentucky the Slave Democracy ap-
pear to have made clean sweet, electing seven,
and probably eight out of ten Representatives, as
Border. Ruffan.
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-06

The new developments in the Burdell case are
likely to lead to some new nquiries-at least to
some new suspiciOns-as to the previous history Of
that remarkable affair. Hitherto it has been
assumed by many persons that the failure to identify
Eekel as the party married to Mrs. Cunningham
tends strongly to prove the reality Of her marriage
with DR.. Burden Recent occurrences will per-
hsps lead to the suspicion that Mrs. Cunningham
might bAve been assisted in that matter from
another quarter, and possibly may even point su'-
picion to new parties as implicated in the murder.
1t 10 by no means impossible that the whole mys-
terry may yet be unrayeled.
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-06

The Board ofAldermen last night adopted reso-
luton for better accommodations on the twenty
third street and Greenpoint Ferry. The resolution
to pay Mayor Woods policemen up to tho time OF
their being disba1ded was taken up and adopted.
The Gapesvoort Property Report was called up BY
AID Steers and discussed. A notorious lobbyist was
active among the more plant members and buzzing
in their ears. This property was sold, or rather
given away, by the Common Council and Sinking
Fund Commissioners of 1852 for $l62, 900, aud
now it is proposed to re purchase it at the cum Of
1898, 900 for market purposes. The report was
adopted by vote Of IA to 8.
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-06

Judge Ingrabam Of the Court of Common Pleas
decided yesterday to discharge Mr.. Charles De'lin'
the Mayors Street Commissioner, from custody,
under the warrant Of Mr. Justice Peabody OF the
Supreme Court. In his elaborate and lengthy opln'
ion, which we print elsewhere, he goes over the
whole ground of dispute between Messrs Conover
and Devlin, and virtually decides every question 10
favor Of the latter, thus indicating that, unless MS
views change, he will continue the injunction
whereby Mr.. Conover is now prevented from
taking possession of the books and papers
of his Office The Judge conceives that no
has power to inquire whether Judge Peabody mas
exceeded bis jurisdiction, especially as the att'r
does not himself appear to have particularly eA-
anined that question, and as the liberty OF cit
zen ia involved. He then goes into the merl.s OF
the case and concludes that the applicant unter
the statute must be the legaly.appointed successor
"a fact to be determined not by possession, but BY
title-and that Mr.. Devlin is such successor, the
new charter comforting the power to fill vacancy
upon the Mayor and Aldermen retained in office
thereby. Judge Davies was asked to grant
eer;oro,i for the purpose Of reviewing this DECISION
but be refused so to d. upon an CT parte aPPlica-
ton.