davidaulloa/AmericanStories huggingface dataset:
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-04-30

we trust Congress. will allow no other bust
ness to impede the good work Of completing It's
Tax and Tariff measures, and whatever else
may be essential to reinvigorate the Public
Credit and National Finances, repress Gold
gambling and all manner Of speculation in Cur
rency dcbasement, and provide for the prompt
payment Of our soldiers and for the full satisfac-
ton Of all jus! claims on the Treasury; but,
these great ends being subserycd, we entreat
carly and decisive action in either House on
some one of the various propositions intended
to secure TO the People of our whole country
the full and free enjoyment Of their natural
right to travel to their several destinations over
such routes and by such convcyances as they
may .:eem most convenient and acceptable.
Where the means of conveyance already exist,
and nothing but a legislative monopoly pre-
cludeS their enjoyment, it Is delinquency TO
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-04-30

The North American Review, in speaking OF
VIZ Trovbriige's new work "CtnJos CAVE" says.
Ii happily adapted to tho eNcemeut Of the hour.
and is cntljdinGg from the rapdty Of is incidents
storcnt of The Evening Gazette SAYS TINS 'CUDJoS
CAVE IS making great an excitement IN New ork rs
Uncle Toms CABIN did. and the demand for Il Is
almost Unprecedented Two versions OF arc being pro-
duccd ht several theGtersOnr DE Naldcus. that was
produced in Boston, and better one by John T. Poole.
- B,-tOu iaDar.
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-04-30

Our supplementary contains Book Reviews,
another article on the National Academy Of De.
sign Exhibition, Science and Art Intelligence,
Mr. Pbillbrick's Experiment with South Caro-.
lima Freedmen, several letters from East Ten.
oeSsee, letters from the Mississippi Department,
letter from Maj. Gen. Sherman on the treatment
Of the People Of the South, letters from London
add Constantinople, Foreign Gossip, Domestic
Intelligence, Ship-Yards and Machine-Shop. O
New-York, Political Items, and various com
munications
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-04-30
60 THE Count .gonunps.o

We published yesterday letter signed The
Count Joanncs." in accordance with our uniform
custom to gire to any man, whatever his position the
privilege reply he has been fancies himself in
ured by any previous publication in these columns.
Upon tho absurd impudence of that note We had Of
course, nothing to say II the contradiction were cor.
rect tie writer was quite at liberty TO make in his
own way Incorrect that would appear In dao season.
The question Of fact was aone Of any importance and
sc chose to give him tho privilege of denial. We
have Only nov to publish the two following notes:
FEOM MISS JONES
No. , BoSD STREET, April %, 1864.
MI DEAR Sm Igra, at my request and upon my authority
that You inserted article in TEK TRIBUNE relative to my
not appearing at the Academy Of Music the occasion The
benefit to the Count Joannes never gave my consen,
either directly indirectly appear At such performance
Sincerely your. AvosIA JONES
PROM NIB. BOOTH.
DEAR SIR: The Introduction Of my Into advertise
mcu OF the Cont Jo8nnes in connection with benefit a;
The Academy Of Music wa, wholly wisbous my authority
have 40 intention Of playing there.
Very truly yours. EDvis BoorH
CARD.
10 he Editor Of TIE ~ +. TrJure.
SIR: Is is with great regret that am compelled
70 thu. bring uyse before the public, bus justice to myself
aud more to mother forces to reply TO the bitter
from tie Count JoaDnes In your isue Of to-day II with
paa DO So for had he le IN peace, ri cUs would
ever have made domestic s4.s tho subject Of public com
Since three years Of had never seen the
Count jeanne, until ny Te,Un from Europe last October
only had conversations with him since All tho
love. graude ard devotion Of my sler and myself are due
to or mother Mrs Melinda Jones long and vel known
10 the ,son) WHO cared FOR in Otherwise unpro
tecsd childhood and to her hard work eui unset'h Lore
whatever position now hold therefore ~hae'ef act OF
hal piey l. due TO parent owe only to her whose
tender soieude and maternal sacrifices never suit
cient'y repay confidently appeal to your weh-kno"n
ace and tia. Of every generous American. to pro'ecme
from having nv name nd Of my flmy paTaded before
the publ, in this unusfable Trusting Ills plain
sta,mout may eud ~ further discussion, remain with res
pec', Sincerely your, Ayorh JONES'
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-04-30

YOU that your induction into the fayo7ea Glass
of fundholderS will be easy and your welcome
most cordial. So, stop grumbling and come in
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-04-30

81 E,,ato,,, io,yos ara sorfc nonnerv aromoti,
GUMS the yapors from which sitting 10 Irsccs IDf
is Cheap Efficient. Fragrant. and Durable. The Bfsr
every way, for projecting clothing rom moths hAHh;
( tIArMiy Faciurors. Boston. Dru glsis sell II.
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-04-30

Nos. 800 AND 292 BoWEGY-The cheapest
cash CLorHISG WAREHOUSES IN the city. OTercoats. 81
20 SO; Business Coats - to i5 Pants, IS % Ga
trIO 4. HUNTER n Co
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-04-30

npuopgST'S NpW- Yong ILLUSTRATED NEWS

URMORRSTS MY ! ORk ILLUSTRATED NtWS.
-Ertraordluary attractions. Nov and popular Music.
Tho "Soug Of all Soues" in this weeks nirmbcr. with
nt Ter novelties SPICY literary matter and splendid IL
lustTatons. No one can do without this live and
splendid weekly.
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-04-30
Special Notices.

The ESpcutiyc Committee of the Union Cen,.Sxt
Committee will hold a regular meeting on MuN ~.
ENEklN May 1854 at headquarters corner OF 81
'"A 80 ~ u OWEN W. BRENNAN. Char nsn-
HENRY II. HuELAr Secretaries.
CHARLES VI. HALL
Westminster Church 3dst between eth snut s,;., ~
--iis Rev CHAUNCEY ID. MURRAY, Pastor. ~, 80.
TOMORROW, at let .. NJ, and u p IN Sdahse'' ""
be provided with seats
Vuiop Cou,nissiou.-fho.e interested m she orr
,i - Con,,n,son 10 Unionze the south by chartASe
;s,.,, .,rstionl and amsrstionsl appliances, are n.
vi,"I IN ne..iu, Ia COOPER INSTITUTE, May u, RI
o. IN whoa .dlyes,es may b. expected
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-04-30

idNfttl. tAtLt
4 RRHARKABLB INVENTION in HOOP SKIRTS
The DUILI1 ELuruc SEQ advertisement
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-04-30

Advertisement.l
.IFFFERs, No. 573 Broadway. and
'hildrCns BooTs. SLrrrERA BUCKLES. Bows sc.
Also GENIs.' SIHPERs. JEFFEIs. 50 Broadway.
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-04-30
THE TAX LEVY.

To n, Fdto, Of The " y. T,ibs-c.
SIR: when you show to your readers tho increase
to tho Tax Lc,is you ought in justice to particulars
and the
Tie County Ley increased by tho Ir0.'icse r. ie-
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-04-30
NETWORK DAILY TRIBUNE SATURDAY 3d.

main, adopted by the Conference as the best
possible solution.
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-04-30
Business No,ite5.


The remarkable properties of BRows's
BRONCHIAL Rocns5 have been thoroughly tested since first
introduced Tho demand Tor them has steadily increased ani
purely upon their own inertia they have found favor with
those who nom Pulmonary, Bronchial hmatc complaints,
require them For Coughs Cois. Bronchitis Asthma snd
Influenza ,hey ere entirely efcscous removing all OBJ
,ructons and Increasing At once the power and feSby
the voice.
THB KNOX" SPRING HAT.-Competition does
not aTec. the urmakabe popularity Of this really elegant
fabric aud Knox and hi. assistants Kept actively employed
In wing the demand for H. Everybody paronizes Knox
who arc At al particular in Tho selection Of cos.umehence tie
incrsa,na popularity of hi, establishment No. az broadway
corner OF fuion-st
For Coughs, Colds, Consumption, Asthma,
Bronchitis and other Pulmonary Affections, Dr. JArsEs
YxrEcroaAsr For many year. th, article Ia, been the
standard remedy and Thousands Willingly testify 10 il. viriue
Ia effects are immediate snd relief certain. Sold by KITCHEN
TYLER Co No. 1u Chambers and No Hud.oa street, and
by Druggists generally
339.-FowLgR * WELLS have removed The
chronological Cabinet No. 1889 Broadway near waksr
The MAY No. chronological Journal ready al No oss
Read extended advertisement headed ELsc.
rrIoM DISCOVERIES
ALL FRsT-CLAss SEwIyo-MACuiNSs
F0K SALR AND TO KsNr, by
HicEs CONP.Nf, No. $50 Broadway
Three d0Jus below b,O)ms 81,
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-04-30
PROM MR. BOOTH.

DEAR SIR The introduction Of my name Into IN advertise
ofihe Cont Jo5unes in connection with benehs a
tLe Academy Of Music wholly without my authority
have 10 intention Of playing there.
Yer, truly vonr. EpVa BoorH
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-04-30
VARIETY

TRUSSES, ELASTIC STOCKINGS, SUsPENsoRY
BASDAGRs, SUPPORTERS, 6c-MARsH L Co.'S Radical Cure
Iru.- Once only at NO ye.ey--t. Lady attendant
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-07-29
The Agitation In Frederiek-sseesh Ed
itors ExpeIied-Averiii and M uliigan.

BALTMoRE, Md. Thursday, July %. lsta.
The Rebels have not yet shown the slightest
sign Of pushing noursons across the Potomac and in
consequence the population Of Lower hnrylands quiet
ing down The Union citizens Of Frederick, who
had designed taking flight, and who had sent away
their plate, &c. have made mp their minds to re'
main
TIE Time, correspondent at Frederick teegraphs that
persons arriving there from Hagersosn this afternoon
report that 10 Rebels had yet shown themselves any
where Oh the Potomac.
The editors Of The Frederick Ciiisan today. in
pursuance Of order OF Gen. Hunter sent through
lines ard committed TO the tender meIces Of their
Rebel friends.
Gen. Averi. as know positively Is unhurt. Col
Mugans fate is not yet known but flag Of truce was
TO-DAY sent into the Rebel lines ascertain regarding
him. II is known that be fell wounded and though lie
might have escaped he heroicaly refused to do no.
he feared the men who carrying him of the field
would be taken. and the coors which they bore cap
tured. lie insisted on their leaving him and saving
their coloIs
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-07-29
Further Details About the Rsid-Mnr-
dnabarg and AveriIl all safe-The
Latter at the Head Of his Cavsiry.
BALTIMORE. Thursday, July :

BALTrMoRR. Thursday. July 2s 1864.
The Americans special dispatch from Freder-
lex today says:
Frederick 10 quiet to day as wcllordered country
town Summers day ought to be- There is plenty
Of talk Of Rebels coming and the usual amount OF con.
rsdctory stories to their movements numbers and
Intentions but cannot learn from any trustworthy
source that ANY number OF the enemy this side Of
the Potomac.
Some few Of Mosby's men have crossed at the Point
OF Rocks but they were only in gangs OF two three
engaged in doing little private stealing
Hagersown IL still held by forces and the stages
are running without interruption.
Altogether. the rumors Of war have grown smaller
since leaving Baltimore and the probability Of any ser
GUS collision has decreased as approached tho an
ticipated field Of battle. Nevertheless, there Is no
knowing what few days may bring forth. The Poto
mac is but days march from here. and it is known pos
iyely that there is large Rebel force On the other
side.
We have nothing hero but confused reports TO the
fighting shat preceded Gen. Crooks retreat upon
Martiusburg What little can learn does not confirm
the minors that prevailed al Baltimore, which made
the result excessively disastrous 10 us. Gen. Crook lie
said TO have effected very skiful retreat from before
force double HE own in numbers, and in subsequent
stands is said to hsye punished hs pursueIs quite 30
versiv
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-07-29
The Rebels Moving to Flank Gen. Butier's
Poeilion.
WASHINGTON. Thursday, July

WASHINGTON, Thursday, July =, lec7.
The mail steamer John Brooks arrived here
Ills morning from City Point which place she lef
yesterday morning, at 10 O'Clock.
AT that hour oil quiet in front Of Petersburg Du'
IN Tuesday afternoon a movement Of the Rebels was
discovered which although not fully developed ihGf
Gated that they attempting to flank Gen Batter
oositi Cd the right or we're endeayoring TO gain Har'
risons Landing for the purpose OF getting in bis rear
The ar learns that the proper disposition OF troops
was immediately made TO check them and find cut their
Intentions.
Artillery firing commenced at The FONT Of Rocks early
IN the evening Of Tuesday, and continued all night.
Our infantry. batteries. and gunbcats were said to
be engaged but NOS; Of the firing DOUBTLESS done
BY the gun boats which sleing the banks Of the
aver.
Fighting was also going on near Bermuda Hundreds
and was reported that the Rebels posted three
piles from that place.
Parties who were at Gen. Bg;lers headquarters on
tuesday night state that the Of mGskoy and or
ilery incesssnt.
Yesterday morning, when the Brooks came down the
aver tie firing was still going Oh, but 1T seemed TO
have slaekened somewhat.
Early yesterday morning, Gen. Grant was engaged
In making proper disposition of his troops 70 foil any
Rebel movement.
The officers attached 10 tee Brooks state that the
triDg heard by them on Tuesday was more heavy and
eessant than any they have heard during Gen. GrsGts
campaign.
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-07-29
Gen. ssndfords negotiations """"f '"'
Drpn-Mp. whiting. Opinion ""d.
dred-nuy Men how ESs@ps.

se,,.i Di.r s,ch 70 The n. Y. rr.su'-' ..
WAsHISG1oS. THURSDAY, July a- ist4
The following is brief and correct history
~ al, the facts connected with MaiorGen sandfords
recent visit 70 Washington relative to the labi! oi
Tie New. York i0Odays men u The Impending ar'i'
together with the opinion OF the Hon. Wm whiting Ia
ia mn,ts,: Gen Sanford Published in General Ut
dc 10 the militia in order induce enlistments thnt
hos. Who were mustered into the service OF the United
state, under the Presidents call for mts would be
exempted from the dran Of the 9Th OF September
Doubts having arisen as 10 ,ae correctness Of Gen
sandfcrds decision. Gov Seymour ielegrsphed TO the
Provo,t Marshal General TO inquire whether this expo
.,ion OF the law WIS correct Gen. Fry replied That
no troors mustered In for 100 days service would he
exempt from that draft but that such troops would be
plsced uron the same footing the Ohio 100 dare vol
uneers Gov Seymour then refused to allow the troops
that had been enlisted TO be sent forward, AID dis
Matched Gen. SANFORD to Washington t. obtain from
the War Department some orders decnratory Of the In
tentons Of the Government Oh the subject claiming
,ha the 100 day men should be wholly exempt fomthe
draft.
The Secretary Of War referred the matter to the
YIN. Whiting. Solicitor OF the War Department for his
opinion thereon Nh Whiting decided that the decis-
ions OF Gen. SniuioEu nnu iIo'ost uVhe'''
Fry were both wrong that inasuuch as the Now YORK
troops were called ont not for any definite time. but for
period not exceeding 100 days aud might therefore
be discharged from service al any moment prior to tho
date Of the draft the fact Of their being Ia the service
ut any time previous to the drat would not alone eI
cmpt them from liability that she question Of exeinp
ton would depend upon the state OF facts existing ~
the time the draft should be actually made.
Any lOO-days men entering tho serVicc In response
TO the call OF the President and who shall be actually
in the military service the day bis name Is drawn
from the draft box 10 by law entitled to exemption from
that draft II be shall claim such exemption The Soc
Rotary OF War to-day inclosed Mr. Writings opinion
in letter Gen. SANFORD in which be expressed his
entire concurrence in the Solicitors view Vi the law
and added that the future action OF the war depart
rueut would be ia accordance with Il.
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-07-29
TIE Leyalists After the C.esriila"-Csi
Draper'- X xpeditisn-Platte County 9
nracPt.

specisl Dispatch to The Missouri Democss- -.
ST. Jo-ErH July %, 1854.
The upper country has turned out perfect
OF men, The trouble has been 10 keep enough
at home for safety there The city is full OF militia and
many have already gone below.
An expedition under Col Draper. which left here
some time returned yesterday having been in the
saddle uiuost all the time or Two weeks. They report
the death Of noarly loo guo,ras aud nine Union sol
dicrs Skirmshes frequent and always disastrous
10 the gnerrlllas.
While ON their road home at Camden Point they had
a severe sklrmisb, killing seven gueriias. The Hon.
t;ecixe Smith With the command aud had his rife
broken of at the breach by ball. which paralyzed his
arm for some time
squad OF ten gucrrilas entered Bloomington, IN this
county. yesterday. and pundered tae place. Troops
have been sent from here there.
Those up from Platte represent 1t ~ desert Many
houses have been burned and tho Inhabitants fed The
country 10 full Of gierriss. who In small squads
The forces here leave 40 sOOn o. filed ont.
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-07-29
THE NEW Raid.
Creek Drives the Rebels from Mnrtias-
burg Menday-No Fighting since-Mr.
Chittcndca Recovering - Rebels Seat
from Richmond 20 the yalley-Their
Total There 10000.
seeisi Dispatch 70 The N. Y. Tribune.

cFteisI Dispatch 70 The y. T. Tribune.
WASHINGTON. Thursday, July q, 1864.
I Your correspondent X. l.. 5. sends the follow
ng nom HaIpcr's Ferry under date Of the 2sth
There has been no fighting in this Department since
Monday morning, when Gen Cr9pk drove the Rebel
advance. with heavy loss, out Of MaTtinsburg The
Rebels have net yet made any attempt TO the
Potomac which Is wen guarded Measures in pro
ress which Will develop their srcntb and inten-
lions.
The Hon. L. r. Chittendeu Register ofthe Treasury.
who for several days past has been dangerously III with
Inflammation OF the bowels is becoming convalescent
Reports brought to City Point from Richmond by
refugees and deserters TO the effect that all the
troops thatcan be spared from the defense oil that city
have been sent Up the Valley, and it is believed
that the forces operating in that vicinity will number
80, ZOO men @. all arms.
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-07-29
The Rebel Raid at a Stand
ATLANTA NOT TAKEN.
SHERMAN WANTS HOODS ARMY.
vHem THE ARMYoFT THE POTOMAC
Gen. Grant Abcut 70 Open she Bail-Our
Forces in Motion-The High spirit OF
the Army-semcthiug 10 Happen mt

Once.
se.esl DisTs,ob to The n. Y. Tribune.
WARRINGTON. Thursday, Jrly 2e, 1864.
Your correspondent lllinoien sends the
allowing dispatch from City Point:
CITY POINT, Wednesday, July 27-l0 a IN.
think 1 am safe in saying that the ball IS about
or.ning-that the grand conflict Is at hand. Heavy
esnnonading and nuskeiry firing took place this morn
g all along the lines. particularly in Gen. Buffers De
partrncnt and up and both sides of James River.
strong pressure made on Gen. Buffers line yes
tsrdsy and the pressure is thus being returned this
morning
There were heavy movements Of entire army corps
ks. night the nature Of which il may be premature to
definitely mention.
The widest enthusiasm and the highest expectation
uevai here There need be no fear for the resu when
The tug Of war comes The army Is in magnificent con
dition.
have no doubt bat that another days dispatch VIII
bring You details of a most gratifying character.
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-07-29
Affairs On the Upper Potemse-<sen. Long.
street Commands the Rebels-Their
Force 35,OOO-CoI. MuIiiganh Death.
epeeiai Dispsieh to The N. Y. Tribune.

cpeeia Dispeich to The n. I. Tribune.
BALTIMORE Thursday. July ee. 1864.
FROM one Of Gen. CroOks's staff officers, who
use just arrived here from Harpers Ferry. learn the
oso"ng particulars Of the present position on the
opPer fotonae; There has been no fighting today mol
a." 'he Rebels chow aug disposition 10 bring on
e'e. Ihey seem ut present TO be falling back taking
with them the grain Which they harvested. II is be
hevsd that no Rebels are now north of the Baltimore
and Ohio I;silroad Our forces were upder marching
orders this afternoon. and a forward norement was
beguR h
The only fear ia that the enemy vii, agaip get
away before our forces are able to concentrate.
This officer confirms my previous dispatch that Lonr
street Is ia command but he thinks Their. are at most
t over $500 ofthe raiders lie says the crops in tho
Ssepandoah Valley never richer than I'M, wear
AID, If saved BY the Rebels wonld support the whole
coafeceraey half year. To get this crop was be-
hesed to be the sole object Of the raid and II would
vel repay them for all their frouble.
lie confirms my previous dispatch concerning the
'ae Of Winchester. and adds that loss win amount
W fully 1000
Col xnihgan fell while CALAMITY leading his Irish
"'isade In charge. He was shot through the thigh
FAC me shoulder. and it was reported he was also
""une'ed IN the side. His men picked hin up and
"e carrying him from the field when the Rebels sur.
''sNse" lie Nho'e party Tie Colonel told the bov,
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-07-29
FROM GEN. sHERnAN's ARMY.
Later News-No Change nc A'i""s"- sher-
man Wants the Rebels Net the Town
Atoueman TO Cut the uncon Road.
Special dispatch to Tho y. Y. Tribune.
WASHINGTON. Thursday! July 2s. 1854.


WASHINGTON. Thursday. July 2s. 1854
Dispatches received this evening rom Gen
Shernans army state tina; there is no material change
since yesterday in the position Of AFFAIR." At Atlanta
The town itself is within the gIssr OF sherman and
could be occupied at any moment but That ia not what
be wants. The capture or destruction OF the Rebel
army IL the prize he IL contendiug ior and ever! cay
renders HE success moro certain.
The loss Of the Rebels since our Amy croo.ed the
Chattahoochee IL is estimated. cannot be less than from
10 900 TO 1900 Gen. sioaonan WA expected back on
Sunday from Sis raid the Rebels communications
leading toward Macon. He took with him large
force which wss supplied with everything necessary
for the total destruction of the railroad
New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-07-29

leave him and the flag but his last brave words
vain, for the Rebels eobbled up the whole band
together with their flag. His wife has arrived ut liar
pers Ferry and to-day went out with lG of truce to
learn her husbands fate. The result had not been
heard when the train for this city Mt.
Col Mulligan was offered Brigader.Generais com
mission in 1861 but woud accept it because he pre-
terred to stay with his old brigade.
Something brisk may be expected 70 morrow II TIE
Rebels do not ian back as forces Begin TO cross the
river this evening at the upper and lower iords.
Gen. wright's headquarters were at Monocacy to-day
Gen. Hunter has issued order that all Rebel eiti
gems in Frederick be sent the lines and it was
being enforced to-day TO the utter horror Of the Seees
Rumors were in circulation at Harpcrs Ferry to day
that Sheridan was absent operating the enenys rear