davidaulloa/AmericanStories huggingface dataset:
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-12-27
sPzAKEr,sHEP AFFILIATIONS.

Forney's Press Of Tuesday had the
following in regard to the Speak
ership of the next House:
Mr.. Blaine, admirable presiding off.
Ger that he is, viii not have a walk-oveI
in the race for the Speakership of the
F0rty-third Congress. Mr. Wheeler, OF
New York, Is talked of as a candidate,
and Horace Maynard, a wheel-hoTse OF
Southern Republicans, will be made 8
strong one. An effort is being made by
Southern Representatives TO have the
Pennsylvania and Indiana delegations
unite on him, which may be successful.
Ii It is, the struggle will be decided
against Mr.. Blaine. Mr. Maynard is
radical among Radicals, and a staunch
champion Of the protective policy.
Since the Radicals have the selection
and election Of Speaker in their own
hands, and one of them is as objectiona-
bic to US as another, and since we would
offer no other than political opposition
to Maynard, coming from Tennessee,
we would rather see him elected than
any Of his colfrereS. He has the ability
and talent to fit him for the position, and
an experience nearly equal In years and
service TO that Of any other member Of
the House.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-12-27

In word, As a great newspaper, the AP-
PEAL will have no superior IN the Southwest.
The Daily will be the history OF the world for
one day and the Weekly will contain every
thing that viii interest sthe country readers.
Believing the advancement of our commoA
industrial commercial and agricultural pros
perity, 70 be the chief end of genuine journal
ism, the APPEAL will make these paramount
objects.
Every county and town OF prominence
should have good papers The APPEAL does
not propose or desire to supplant or interfere
with the weekly country papers. on the con-
trary, 1t viii club with them on the most lib
eral terms, and cooperate with them for mQ-
tual protection, and in all plans for advancing
the newspaper fraternity, the prosperity OF
the country, and the welfare of the people.
In politics the APPEAL win remain Demo-
cratic or Conservative, and, in elections in
volving political issues, a. will support the
candidates who favor its views, from an abid-
ing faith in the power Of Organization TO ac-
complish good results, and belief that the
party's viii when honestly expressed and
crystslized in nomination, is the best ez-
preston Of its effective power.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-12-27
THE PENITENTIARY BIRDS.
Their Competition with Honest Mechan-
ics-A Public Calamity.

EDITORS APPEAL have read an ed
itOrial Of the Banner approving the let
ting out to hire of the convicts in the
penitentiary. Not a little was amazed
when sane, honest people approve this
made Of bringing criminal labor in COM
petition with that Of honest mechanics.
Everywhere on railroads avenues of en-
plOyment for honest Workingmen are
closed by these striped-shirted and
breeched victims Of the criminal courts.
On the Selma and Paducah roads, built
by taxes wrenched from the honest la
Dor Of the country, these convicts alb
sOrb profitable aVOc8tions and take the
bread from the mouths of our wives and
children. Many Of these villains work
In the coal mines, and we are told
that there they do not compete with US.
The assertion is absurd. The honest
cOtll-diggers, driven from the mines by
the penitentary birds, are forced to
come in competition with other laboring
men. The wages paid these peniten-
tiaIy people becomes a standard for
prices, and all of us find our wages re-
duced by this great body Of mechanics,
made mechanics by the criminal code
which gave them birth as such. We
propose to send up apetition to the Leg
to have all this changed, and
woe to the ambitious man who opposes
our purposes and necessities.
MECHANIC
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-12-27
TUE MErrrNe To-Day.

Many good people have said that il
were infinitely better If the money vast
ed ia riOtous living or in empty amuse-
ment during the past few days had been
distributed among the poor. In fact, il
an effective mode Of gathering funds for
charitable purposes could be devised, and
sure means Of proper distribution, the
poor would rarely starve or freeze, and
De sick would not die, as now, Of sheer
neglect and Of mans inhumsnity TO
man. There are few made of such harsh
materials that they are inaccessible
to pity, and 80 keen is sympathy
with another's woes that It is
only needful to touch the chord
with skiIIful fingers to produce
that melody to which angels bend down
to listen. For days past the weather
has been fiereely, bitterly cold. Such
protracted severity Of wintry blasts was
never known before in Memphis. For
eXigencies thus begotten, the poor, and
aged, and helpless were utterly unpro-
vided. For several successive weeks
business in al departments Of trade and
industry was almost wholly suspended.
The industrious poor made no accumu-
lations, and the helpless, as socieey is
now organized, have no friends save
among the poor. It may not be
generally confessed, but the fact
is unquestionable, that those known
as the ''pOorer elasses' give
infinitely more than the rich. 1t is not
that the rich are heartless or incapable
of generous deeds. Unfortunately for
the poor, and more unfortun ately for
the opulent, they know nothing Of the
horrors Of hunger and want, when hand
in-hand with some foul Infection these
enter the house Of Indulgence. What
know half the elegantly-dressed women
We see upon the streets Of the wretched- /
ness that constantly drsgs their sisters /
down to shame Have they heard Of
a wretched, bed-ridden widow, whose
daughter, also a widow, supports her
self and mother and infant by begging
here and there for the meanest food Fl? /
These wretched women burned their
bedstead and chair and stool, and sleep
upon a freezing, rotten floor full oil
holes. And yet splendid Christians
aaunt their fnery in our faces in the
broad glare Of Gods sunlight.
Christians squander thousands in
8nery and fashion, while infants cling
10 breasts of mothers so starved that
they give no sustsnance. Doesn't
curse rest upon that Christian
ty and that boosted intelligence and re-
we denominate the civiliza-
ion of the nineteeenth century which
InffeEs these fearful inequalities Of con-
iition 70 go unremedied- There are two
aundred sick snd helpless people,
homeless and friendless-the pOo= have
10 friends save among the poor-seek- !
ng food shd shelter and medical care in
rain at the door Of the City Hospital.
This bsnefcent institution contains a
Teater number Of inmates than were ,
yer before gathered within its walls. I
'be county pOOfhouse Is overcrowd-
d, and hungry, emaciAted wretches
ent thither have been returned 70 fnd !
lodging-plaee even in the freezing,
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-12-27
PATENTS.
To Southern IEFsnters-ROF the Week
Ending December Sd. 1874.

Copies Of the specifications and &C
cOmpanying drawings Of any one of the
following patents promptly furnished
on receipt of one dollar, by G.. S. Whit.
man & Co., Solicitors of Patents, Wash
ington, D. c.:
1873, 532-PrOeess of stamping sheet
metal; Louis w. Hemp, st. Louis
Missouri.
1873, 542-Portable fence; Jacob R.
Robbins, Buttsville, Missouri.
1873, 560-Car coupling; Thomas : P.
Clines, Louisville, Kentucky.
I3S, 571-Portable gate post; William
A. Dillon, MiddletOwn, Missouri.
I33, 575-VapOr bath; Warren Esta-
brook and Samuel J. Mcdonald, Gala
tin, Missouri.
1873, 5SS-Lever for latches; Charles c.
Lewis, GAINESVILLE, Alabama.
133, 628 -ChurIl-dasher; Joseph A.
Brooks, Rutherford county, Tennessee.
1873, 635-Sheet metal can; John S.
Delany, Huntsville, Texas.
1873, 643-Wagon and carriage brake;
John J. Hartman, st. Louis, Missouri.
1873, 645-Kuife scourer; Frank o.
Harvey, Kansas City, Missouri.
1873, 647-Lamp for lighthouses; Sam
uel K Jackson, Norfolk, Virginia.
1873, 652 = Pipe moulding machine;
Denis Long, Louisville, Kentucky.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-12-27

MURPHY's BANK, as was announced
some time ago that it would, has sus-
pended business, Major Murphy, the
owner, manager and President, assert
ing that, under the present absurd laws
taxing mOneyed capital, it was impos-
sible to make the business as profitable
as other avocations. The assets of the
hsuk are turned over to the few credit
ors, and provisions made for their proper
distribution. The Legislature should
devote itself at once to the task of so
shaping the laws that mOneyed capital
may be attracted rather than expelled
from Tennessee.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-12-27
HEARTRENDING.
The Idol OF a Household Shot to Death
by Accident.

From the Louisville Courier-Journal.l
OwENSBORo, December 23-S:l4 D,
m.-This community was shocked yes
terday to hear of the accidental shoot
ing and death Of Miss Amelia Pegram,
daughter of w. B. Pegram, at bis resi-
dence in this place. The unfortunate
young lady had been indhposed for
several days, and confined to her room.
Yesterday morning she took breakfast
with the family. When her father
started to church she kissed him and
parted from him very tenderly, but, be-
ing of an affecdOnate nature, this ex-
cited no remark. About noon she was
left alone in the family room. When
last seen, at eleven, she was near a
bureau, arranging something on it.
A shot was heard, and her younger sis
ter ran into the room, quickly followed
by other members of the family. Miss
Amelia was found lying partly on the
bed, shot through the heart.
she was unconscious, and
died in few seconds. Her
fathers revolver. which discharged the
fatal shot, was near the bed on the floor.
Physicians were summoned immedi-
ately but only to find the young lady
beyond the aid of medical skill. Her
parents, who were at church, quickly
arrived to find their beautiful girl be-
yond the reach of human tenderness.
The impression prevails that in remov-
ing the pistol from beneath the pillow
Of the bed where it bad been placed the
hammer caught, and the weapon wss
discharged. The deceased was amiable,
intelligent and accomplished, and rarely
beautiful. She belonged to the Episco-
pal Church, and was devoted
Christian. She was shortly to have
married a promising young lawyer Of
this bar. Her father, w. b. Pegranl, is
an old and -pronaineht citizen. The
deepest sympathy and sorrow are ex-
pressed by all classes. The grief of the
stricken household is heartrending.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-12-27

TIE whole Senatorial vote Of the
Arkansas Legislature is cne hundred
and eight. On the first ballot Bowen
viii have about tbirty-thret5 the Demo
cratic ard Brindle vote is thirty-two,
Dorsey has twenty-five ind Hadley
eighteen votes. Among all these, Nc
Donald has, perhaps, more friends than
any one man, and not an enemy has
this excellent gentleman. 1t is thus
quite impossible to anticipaie the result
Of the election. In fact, the great suit
which comes Up Monday IN the court at
Little Rock, determining the Legality
and validity Of recent elections in that
State, absorbs public interest TO such an
extent that the Senatorial contest dwin-
dies into insignihcance. Brooks, mean
Whliei Is marshahng his forces to over
tnro" the Baxter-Clayton dynasty, and
Arkansas politics ATE ia a fearful mud
die
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-12-27
TERMS ron. ISIS.
APPEAL BUILDING,
NOTICE.

A LII persons indebted to the estate of Alsis
"A S1yloT, deceased, are desired to come
forward Immediately and make payment.
and these having CT aims against ii are hereby
EOufieo 70 present them 10 myself or my at
torneys. within the time REQUIRED BY law, OF
they yin DO forever barred,
MRS. ANNA sAYLOR,
Adm'x of AlOis Siylor, deceased.
Warmer q Lee, AttoTnaEE No, Is Madison
street. nos
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-12-27

THE proposed Congressional canal
from the mouth Of the Ol,,n Ia Ru,ns-
wick, Georgia. viii cost, As estimated
by the civil engineers, thirtv-uine mill
lion dollars, and the transportation Of
grain from st. Louis to the seAboard win
cost i've and one-quarter cents less Der
pnsael than by the present iOutss
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-12-27

This is the kind Of weather when a
Christian draws close to the stove, and
wishes every poor laboring man on the
tses Of the earth was s. clerk in store.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-12-27

Special Telegrsphic Dispatches.
The Associated Press Dispatches.
Foreign and Domestic Intelligence.
Full Market Reports
The Progress Of Railroads.
Information for Merchant and Producer.
Every Kind Of Political Intelligence.
Discoveries In Science and Art.
Original Poetry and Stories.
Agricultural and Farm Intelligence.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-12-27

Ss- The MEMPHIS APPEAL is now thor
Oughly identified with the people of Tonnes
see, Alabama, Mississippi and Arkansas. It
has been in existence thirty-two years, and
popular as 1t has heretofore been, the present
proprietors are determined to render it still
more worthy of its pist history, and of the
confidence which. the public repose in 1t. Its
circulation and general: patronage Is now
nearly double. that which II has enjoyed at
any time during it's long career; but we de-
sign, during the year 1873 to extend it's field
and to increase its usefulness. This we expect
TO do by.pubIishing
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-12-27

actions IN every State in the Union. BY
THEOPHILUS PARSONS, LII. D. A cor
rect, economical, and safe Counselor and Adj
v ser. 50 plain, full, accurate and complete,
that no person can affor 70 be without It..
Send for circular with terms, etc. Address,
NATIONAL PUBLISHING CO.,
oeH dew Memphis, Tenn.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-12-27

The IRE at tOntana, Kansas, yester-
day morning, destroyed fourteen houses
in the southern part Of the town. No
insurance.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-12-27

One Of our fashionable youths douned
his first silk hat and cigar, Saturday
evening. He got along well enough
with the cigar, but he had to give up the
haiti made him sick at the stomach.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-12-27
i, NANCE AND TRADE.

Kidding Cotton IS 1-2 to 10 3-4o-Ex-
change 1-s Discounts Par-GOld
Ill.
Weather and NavigatiOE-sale Of Corn
at 81 I-2-QuOtatiOns Nominal.
Exchange Scarce-Price OF Charleston
Railroad StOek-ClOsing OF the
Memphis Bank.
Costo, ;uuovable - Good RemanF
NV''oh liii'ii 80 - 90 sc ser re-
Eriees SUI" '''ie ssli9 laboliouslv.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-12-27
NOTICE.

HAVING been duly appointed Admins
III TRAITOR Of the estate Of James H. Spain,
deceased, BY the Probate Court OF Shelby
county, Tenn, at the December term, 1872, all
persons are hereby notified to file with me or
my attorney, r. e. Williamson, No. S73 Main
street, within the time pTescrib bed by law, all
accounts and demands against said estate or
the same viii be feEever barred; and all per-
sons Indebted to said estate are requested 10
come up and settle with me at once.
del7 2taw w. Il EADEH, 354 Second st.
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-12-27
NOTICE.

OFFICE OF CITY TAX COLLECTOR,
" MEsfPHIs, TEN-S., December Is, 1872. +
50 City taxpayers are earnestly requested
TO come forward aud settle their accounts. as
taxes VIII be declared PAST DUE on the LIST of
january, 1873. The General council, at their
last meeting, INSTRUCTED the Tax-Colleetor to
issue WARRANTS against all DELINQUENTs
and seize PERSONAL PROPERTY to satisfy the
amount due for the year 1872.
FELIX w. ROBERTSON,
de2O City Tax Collector
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-12-27

tFOftaDIe and biatIonarJJ
EOR economy In fuel. durability In metal,
Il cleanliness and ease Of management, there
is nothing superior.
warm Air Furnaces are forhea gHalls,
Dwellings, Churches and Stores.
Cooking Ranges are for Dwellings, Res
taurants and Hotels.
H.WEFTER q CO., Sole Agents,
Mes. Ii and Is MONROE STREET. MEMPHI
Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-12-27

countries in
derstOod VIII
arrivals in
months en-
show q IA
amount afC
in October
at the same
but the air
nlents w1ye
was notAnd
airy Iatbs
naent '''0'
time brave
F.. thar them
po. Many,
each day,
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-10-01

900 WEST 10TH STA YOUNG GIRL IN A PRI
600 vae family 10 do ciambcrwork and waiting or
chamborwork and washing; good city reference from
Jast
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-10-01

ia TIL Az, SECOND FLooR.-As EXPERIENCED
xIE cook In gentlemans family; fully understands
Der business and can come well recommended. Call or
address for two days.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-10-01

100 WEST 18TH ST., BETWEEN 9TH AND 9TH
lOO avs.-A respectable girl as good cook, washer
and ir0ner good reference.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-10-01

900 WEST 10TH STA YOUNG GIRL AS GOOD
CCL plain cook washer and roner in a small private
family, or upstairs work and fine washng good city ref
Call for two DAYS.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-10-01

1OS7 Sd Av., FIRST FLOOR, BACK.-A RE
I.VCl spectacle girl as chambermaid and waitress
objection to assist with the wasiing good city refer
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-10-01

900 SD Az, BETWEEN 22D AND 23D SITS, ONE
zoo flight up, back room.-rwo young girls one as
chambernad and the other waitress in hotel pri
yate boarding house cy country best city references
from last place
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-10-01

100 EAST s0TH STA YOUNG GIRL AS CHAM
lLO bermaid and 10 do plain sewing, chambermaid
and waitress can operate on Wheeler Wilson's ma
chine; best references Call at present employers for
two day
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-10-01

H-n eth Az. CORNER or hTH STA SCOTCH
JtU -sfl e do chdhibeTwork and plain sewing in q
private ianily first class reference Gail for two days
hirdI he'll
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-10-01

TT WEST 23D STA RESPECTABLE YOUNG GIRLAS
LII chambermaid and seamstress or would take care
Of growing children and operate OH Wheeler Il
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-10-01

7IO WEST 10TH STA REsrECyAGLE Girl. AS
1tV cook washer and Eonsf; best city reference from
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-10-01

1O7 WEST 18TH STA YOUNG WOMAN AS CHAM
IOt hermaid aud wai,ress good city reference from
last employer.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-10-01

1Ah WEST 10TH ST., REAR.-A RESPECTABLE
lIt girl as COOS, washer and ironer; best city refer
ence nom last place. ..s-s A.. - -
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-10-01

Ok EAST 2SD sT-TWO VERY HIGHLY RESPECT
OLD able young girls, wishing to live together in
small private family one to cook, wash and iron TIL
other TO do chamberwork and waiting both understand
two days.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-10-01

0OS EAST BID ST., SECOND FLOOR, FRONT.-A
e).I) respectable girl first class cook in private
family has eight years city reference from her last sua
ton
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-10-01

1Oi WEST l4rH ST-AS CHAMBERMAID AND
luz seamstrcss operates Wheeler h Wilson's
ing machine best city references Apply at present
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-10-01

100 MOTT ST., NEAR GRAND ST, REAR.-AS
le)C first class German cook in an American family,
business place first class private family city
try Gail for two DAYS.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-10-01

O00 EAST 22D STA YOUNG GIRL, WITH CITY
ODU reference, In q private family, as plain cook,
washer and ironer, or 10 do laundry work.
CCO 4TH YOUNG WOMAN AS FIRST CLASS
e)CO cook; would assist in washing and ironing.
CITY reference.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-10-01

71SO 2D Az, BETWEEN GOTH AND 6lsT STS.-A
LOO respectable girl as chnmbermaid or waitress
or chambermad and to do plain sewing; two years
rafare
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-10-01

7QS WEST 18TH ST On THE STORE)-AS FIRST
leJsJ class cook in private family; thoroughly under
stands her business unexceponable city reference from
The New York herald., 1872-12-15
UNITED STATES SUPREME COURT,

WASHINGTON. D. c., Dec. H. 1872
No. Il. Hanrick, administrator, vs.. Barton ct
al-Error to the Circuit Court for the Western Dis
trct of Texas.-This suit was brought to try title
to eleven leagues Of land situated in the county Of
Falls, Texas, and as alleged in the petition, for
mally granted by the proper authorizes of the
States of Cohahuila and Texas to one De La
Serda. The case was tried before the Court, jury
being waived and the decision was that the PLAIN
tiff failed to establish legal derivatlve title from
Serda, the original grantee The evidence was
altogether documentary, and two deeds relied on
by the paintif to show title from Serda were ex-
Guided; one because, the original being lost, an
affidavit OF the loss had not been made three days
before the trial, and notice Of filing Of the aidavit
had not been given ; the other because
1t was held to be only defective or
imperfect conveyance, not passing q legal title,
but requiring the aid Of court or equity a
formal execution to completely vest the fee so as
to sustain an action at law.
1t is here contended that by the decisions Of this
Court the proof OF loss in such Will be re-
ceived at any time on the trial, and the first deed
was therefore excluded by error; and that the OBJ
lection to the second one would not be good in the
courts of Texas.
W. G. Hale for plaintiff in error G. F. Moore for
defendants.
The New York herald., 1872-12-15
HERALD SUNDAY 1s72-QUADRUPLE

goods, sold BY the plaintln to the defendant be-
tween the lst Of Nay and the 2sth OF September,
1872.
The defendant interposed an answer admitting
the sale and delivery OF the goods IN question: but
alleging that on the 18TH day OF June, 1872 he fled
his petition in bankruptcy, and on the 26th OF
August was adjudged q bankrupt and that by
reason OF the premises so much OF the PLANTING
claim as accrued prior to June 15-to wit, the sum
OF $50 5S-became provable before the Register in
Bankruptcy, and that the plaintiffs are not entitled
to prosecute the same.
The plaintifTs' counsel moved to strike out this
answer as frivolous, claiming that the plaintiffs
had received no notice ofthe issuance OF warrant
in bankruptcy or any notice OF meeting OF credit
ors to choose an assignee, or any other notice
whatever OF the proceedings in bankruptcy. 1t
also appeared by the bill OF particulars OF the
plaintiffs demand In this action that the defend
ant commenced purchasing goods OF the plain.
on buying from them almost daily down
to the lst OF October, Just prior to the commence
ment Of this action. The PLAINTIFFS counsel claimed
that the defendant was guilty OF fraud In purchasing
goods after the filing OF his petition in bankruptcy,
without notifying the plaintis ol his proceedingsin
bankruptcy, and that the conduct OF the same was
fraud on the part OF the defendant. The Court
granted the motion to strike out the answer as fri
volous, and ordered judgment thereon for the fun
amount claimed, with costs OF the action, and $40
costs OF the motion. Henry ii. Rice for the plain
tins, +. c. Bowman for the defendant.