davidaulloa/AmericanStories huggingface dataset:
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-10-21
News Ol the Day.

The run0r reaches Us that 10 consequence OF
limited patronage and resulting 6uanciaI en-
barrassmcn,s. Norwood High School has sus-
pended. We hope 1t is only temporary, Its
reputation Is CO., quail with the entire South
aud it dcservedIy stands as one OF the very best
schools in Virginia,
Col. L. A. Scott has donated $4,000 to the
Centennial Endowment Fund Of TIE Washing
ton aud Lee University, and Mr.. w. w. Cor
c,,rau $50 900. A numbcr OF gentlemen from
New York and Philadelphia have sgnIhed
their intention Of contributing largely to the
same fund.-
A Bismarck, Dlkota, dispatch says Gen.
Siurgis with cighs companies Of cSvalry, three
OF infautry, and section Of artillery, moved
south yesterday on the east side OF the Nilsson
ri. Gen. Terry. with four companies, moved
south 90 the west side. Nobody knows where
they are going.
Patrick Carr, for numbering his wife in Pat
ersou, ~ j., by kicking her TO death, has been
convicted of murder 10 the second degree. The
punishment is twenty y,'arS imprisOu nent. He
is seventy years old aud had lived with his wife
forty years. The plea ol insanity was inetec-
tualIy raised.
Yesterday morning while family from New
Orleans we're proceeding to their homes by the
Baltimore and Potomac Railroad from Phlla-
deIphia, little daughter, aged FIVE years, died
on the train of diphtheria.
1t is stated that the war which has been for
some time carried gu between the Republic of
Liberia and some of the native tribes is over,
aud the latter have consented to become ctl-
ZenS.
Ninety four Thousand and eighteen cash ad
missions were registered at The main exhibition
lurustiles of the Centennial Exhibition yester
day.
Z. H. Mouton, leading and prominent real
estate agent Of w sshiogtop, has dccaup>d with
500, 600 of other peoples money 10 his pockets.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-10-21

lCnrreSponi nee of the Alex lniria Gazette.
LEEsBURG Va, Ger. 20. 1876 We had
I SUCCESSION ot rare treats to olght; it beat
your torch light procession all hollow The
chlvaIrous Gen. W. II. Payne spoke with
exceeding he .uty anl eff ct 10 rogded Court
House, and was followed by Murray Forbes, Of
Warrentoo, who gave ponderous blows t. the
radical party. Col. II. +. Piyton f,lIowcd
BIN With very lutererestlng resume Of the
ate contest in indiana, anl then came Ger.
Hunton, in a few remark. Taylor Scott made
clear, iocsive speech, laying bare to the
minds eye the letormities Of the corrupt party.
which has so long ruled the country, and urg-
ing e7nry mao to d his duty Then came
Mott. kI'gonr, in his innitablc styis, when
:,ok nc n3us by Styr.n. lie expressly san
that Wherever they h)uid See the white y umc
ioarng 10 the f I'D OF battle. that there they
| might near his voice mlngllpg with the >hou ;
| OF those who fought, an | urIins On tiIr dcmO.
cratic hosts to victory. Mi Jr j. +. D.slne
made some lew s9ui-StlrrIus rem ,rks, 40
booked himself Tor big speech on the 81 Of
November. which will probably be the last
meeting of our club
| We intend t. have a big dinner in n, Z ,urt
House yard OF Thursday. Oc:ober u to wh eli
we cordially lDglte all Acxandria and a. many
people from Washington as can find cars 10
these Ccrtsnnal times We hop, to have 4
| torch lle;t procession ~ n:ght. aui hop, y0u9
people will bring h.lr trao>paranci's i u i,un
will be thornu lhIy aroused, ani IS a.! the pre-
clncts. since tnmweii was established a one,
are exceedingly easy OF a:ce-s box !1r Zoo,
may hc 300 maj 'rity; 1t can give the later.
ln TACT VI iutcnd 70 beat the rest of the Scua
toriai District. SO look sharp. Good eight
AlInl'lS
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-10-21

The u. 5. Marshal OF South Carolina, 10 an
evidently partisan and one-sided account of the
late Cainhoy affair, admits the truth Of the
white peoples account of the massacre, by &C
knowledging that six white men were killed
aud macy wounded, While only one negro was
killed or hurt. Every man at all acquainted
with Southern character kooWs that if the
South CaroliuaUs had gone there with the To-
teption Of creating disturbance, or With even
a suspicion that a disturbance would occur, the
report of the casualties would have been en-
tirely different. And then, another thing,
which the radicals will not see, but which is
apparent to every unpr. JUDGED mao, the white
people knew they had nothing to gain, but
everything TO lose. even il they had killed
every negro al the meeting. The sole
and absorbing purpose OF every white
man, who has aoy interest 10 the South
now, is to relieve himself aud his community
of the thieves and rascals who are tyran,
nizng over them; aud as he also knows that
every uegro hurt initiates agaiust the success
Of his most cherished aspiration, by detractlng
from the strength of his supporters 10 the
North, he is as clrcumspcct in his relations
with that race as i, is possible for him to be,
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-10-21

pie on the planet, and the negroes their AFFECT
and ignorant slaves; further, that the last elgn'
years of tinkering with and trying to help Inc
black man crush sill spirit cut of the Southern
leaders have done but little toward altering
these nstursl conditions, and yet that the polin
cal conditions have been absolutely changed,
the ignorant black in many cases becoming the
pol teal master and the wouli- be social equal OF
the white, the unutterable marvel Is no matter
what our sympathies for the black or our pref.
ence for the white man may be- the marvel is
lat the old Southern leaders have endured it at
all, and that the whole South has not been IN
perpetual riot and blcodsked. And when the
sggravstinns of csrpetbagism are added to those
already mentioned, we should say that could
we put ourselves in their places, actually IN
their skins for year. We should be inclined TO
think that measures OF the purest national WIS
dun, Kindness and enency arc needed, rsthel
than IL hammstory speeches and Northern bay
onets TO settle the Southern question on any
basis that shall be for the welfare Of the entire
natlODn
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-10-21
lCommunicAted.l

A FASHIONABLE WEDDISG.-on me s..c.-
noon Of "Wednesday la:t y mo-: ieltgn.at aosi-
psny assembled st the residen - ri hr. j. II D
Smoot, on Prince street. t, witness The r.~rl.gc
ceremony ~ his daughter, Miss A.Lc U, SAD
the Rev w. Strother jonc: Rector OF Trinity
Parish, Fauqu!"r county, Va The ceremony
WAS performed by Rev. Dr. Norton, Of |L i''.a,s
Church, the bridal psir Sanding undec !, bal
tiful Il )7sl srch, from the centre .! which ~
mari &c bell made Of tube roses. Tho br.e
WAS attirsd in white muslin, elaborate y t-l!l-
med with lace, and wreath Of oran&" o-.y:as
upon her heau. The attendants war" Mis- r,n
ME Jones, sister f the groom and NJ Gi,,r.s
French, Of hlersndria; Miss F.nni: A.soH i:
Pulaski county Vs.. ana Mr.. Il. :. Fr.n'a o!
h"xandr;.; Ms: Minnie >noot >s,r- oi the
bride and M. Bartlett Boiling, o. F4uqI3a-
county; Miss Mttie Elipsien %: AteAan!-r,
and Mr.. Wetmore. OF Fauqu.c- coaasY; ~,
Kate French, OF A(ex,niris, and Mr r. L
Jones, brother If the groom. Tho bri..esm.,u-
were ail most beautifully alfred in wnite, mani
somely trimD ed with natural flowers, AL
groom$mer, in the conventional black. The cer"'
mony over. the ~ embed gue5.s were invited
to partake OF sum Ytuous rcpsst. cons sung al
all the deicacies IF the season TIL" b.de pre-
sents were Numerous and costly. Tn" aAprv
pair took the 6 y. m. tram Tor M extent. Il a;
through the Northern States w. W. j.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-10-21

The bushwbacking and murder O! quiet, un-
armed aud inoffcndiug white citizens OF South
Carolina by the negro militia Of that State, who
lie 10 ambush along the roads and shoot down
their victims as they ride by, still continues,
not day eIapsipg without Geographic accounts
OF a repetition OF the outrages; and th.ugh
those northern people who have settled in the
STATE since the war aud have DOW materla
interest there, such Tor instance as Mr.. DAVID
McPnearson, one of the leading merchants o.
Charcslou-a republican; though the Germans
OF the State, whose address TO their country
men is published elsewhere iu to-day 5 Gazette
add though the united republican judiciary o
| the State all protest against Gov. Chamberlain
aud Presiden, Grant, tyranoical and outrage
Gus proclaim atous, United States troops ar
pouring into the Stale by thousands. and huu
drcds of white voters are being arrested ant
imprlsoneu,f TOR the sole purpose Of securing th'
States eight electoral votes for Hayes ant
| Wheeler and the corrupt party now rulnlnl
aud disgl aciug The equity, aud making repub
eau institutions by word aud u reproac
throushou the nations Of the world.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-10-21
ALEXANDRIA, VA.
SATURDAY, OCTOBER 81, 1876.

HE PUBLIC HALLS OF THE CITY.-lne last
twenty years has been peculiarly fatal to the
former meeting places of the people. Within
that time, the old Theatre, long used as pub
lie hall, the Council chambers, the old Court
House. and Sarepta Hail. and the frame thea
tire built on its site, in which many Iubhc
meetings were held, have all fallen prey 10
the flames, to say nothing OF smaller meeting
places like Brook Lodge, that have met with
the same fate. Washington Hall and the Ly-
ceum Hail have followed Mechanics Hall into
uses OF her than those OF the public. fortu
nateIv the last ten years have added the new Sa-
repta Hall, and the new Corn Exchange build
ing as we'll as Peabody Hall anu Harmonic Hail
to the rooms available for limited assemblies.
The carrier public meetings were held 10 the
school house that STOOD at the northeast corner
OF the market, and which served tor awhile tor
Council chamber also; then the old Courthouse,
erected in Revolutionary days, served as a
meeting place of the people. Literary societies
held their meetings there, and that aud the
Council chamber were made to serve every
purpose of the kind for many years. La 1876
Washington Lodge erected their bali. Some
fi;y or sixty years ago the Mechanics Relief
Society erect, Mechanics Hall, on Alfred
street, low handsome private residence.
These were ali meeting places OF little capacity,
aud all the great puollc ass mbages on patrl'
olic anniversaries, &c., were held in the
churches, Christ Church, ST. Pauls Church
and the Presbyterian Churches being often
used for this purpose dowu to 1885. Soon at.
ter 1910 Potomac Lodge built the Odd Fellow (
Hail. Columbus street, upon the old Female
Lancasterian Schoo-house. Soon afterwards
the Lyceum Hall Was built. ln 1874 the old
Theatre was put to use as public ball, and a
most commodiuus one 1t was Its spacious PIT,
paruuette and boxes, with shres rows OF gale
ries extending quite around the house, gave ac
commodatlon tv several thousand people; and,
even after the theatre was dsmantied, aud lts
upper portion converted into Liberty Hall
which would hold one thousand people, aud
American Hail, that might coutaiu ball OF thai
uu,nDer, i. provided We'll tor the public meetings
of the city. Sarep!a hall aud w ashlogton nal
followed, and then PLeulx Hal; aud at the open
ing OF the war the toWu Was we'll provided with
accommodations OF this character. vi all these
halls, however, but one remains for pubic use.
The Lyceuu Hall, Liberty Hall, American
Hall, Pie 1x Hall, Washington Hall and
even the late Assembly Rooms have passed
from public use, aud only Harmonic Hall AID
Peabody Hail been since devoted toit, SO that
now, we have but three tubilc balls, each VI
very limited capacity, PEABODY Hall accommo
dat,ug comfortably about 500 oarepta Hal
400, and Harmonic Hail about 300 persons
Alexandra has population OF at leas
$4,000 souls. These two statements demon
strate the urgent need there is here for :
large public hall. ~ ~
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-10-21
government

The radicals have developed during the pres
eDt campaign capacity for meDdaclty OF which
We previously thought the human race in
capable The latest example of it is the state
neut going the rounds OF their newspapers tina,
"the Syndicate will not make any further sub.
scriptiou to the four and one half per cent loan,
or authorize another call Of five twenty bonds.
until it is definitely Known whether Hayes or
Tildeu is to be the next President" and fo
which there is DOT the slightest foundation.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-10-21

COUNTY EAlRS.-Itese very useful lnstltu
tions have, tor several years past, been over
doue; this season, particularly, most of them,
If not ALL having, more or less, proved failures,
and having caused considerable losses to the
societies. The experience Of those compara
lively wealthy communities, Winchester, Staun
ton, CuIpeper, aud Loudouo, proves this too
fully. The general attendance OF the people
hereabou,s at the Centennial has had the ettcc'
of diminishing ne ait"niaucc upon them very
arprccaby But the geuera oplulou seems
t. be hat We have TOO many fairs, aud that
the pecuuiary coudtion OF our people Is such
as to make them unable t. sustain them with
becoming literally. Unless the several county
fairs so arrange as to hold them every other
year 10 each county, they must inevitably 90
GU from bad to worse, and 6nalIy go down en-
tire!y. There should be Il convention OF the
managers OF the societies in the counties CON-
posing the several Senatorial districts, to con
slider the matter, apd arrange to hold fairs as
above suggested. Much good may thus be ac-
conpllshed.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-10-21

ALEXANDRIA MARKET. Oct u. MAJ
ket for " heat continues active snd ii.m atd
prices keep up; offerings to.day OF l:5L bust i
red. with sales 1T 40, l36. lbs and ii. A. 10
quality Corn has somewhat !ec ed and ri
uf 500 bushels uere inside today ~ - 'rr new.
and CJ4j6 for old Ky" las advanced stade.
and small lot brought 81. No sales Of Oat.
r-purted.
RECEIPTS or PRODUCE The 70 owing "rre
the receipts by the Washington City, Virgin"
Midland and Great Southern X, K. THIS w"rH
Corn 1915 bushels, wheat Ga. rye rs, "..s
lSU corn m"ai Is. timothy >re,! % lm.is urs 40
o;io;s TO- turn,ps :scks, che.ln Is Al be-. na:
sacks, su Il Al sacks. apple. tU3 bh'., T."
coop. bWt..r frKins. eggs I hbiS nnI t".e-,
t.lIow 8 nLls hour $50 bbis, toh>"yo o. boz,
dried fruit II npls calves Sc % hrsd "g.;.-
bl bols, vine cssk woo Sues ire '"''
40 lbs, cider bb|s, bee WAX 81 .b:, aI", -
bdis ard bales, Gait Q ~ cars. - 'ars
COAL REroKr.-Thc following = r';'or: o;
the receipts and shipments ol cox! during ~"
week ending tod y:
RECEIPTS. tons
Amer. Cos. Co., }. il. Parrot, jr.. Ag:... Ia
Hamp ard Bait Co., w. q. Howard, AZ. -
Total f
SHIPMENTS.
American Con! ~
Hampshire and Ba llIn"gc Gu...............". b y
Total
--~
MARI y ~ y 4 j.: - l. a.: " { -
Suu rose. ...... -. = 10 LDou sets ......... ~
Sun sets...... ) T. Htyh m't'er....... ""'
Arrived
Steamer Thco Weem-, Baltimore, t. ) Bro
ders j. 60.
Schr Adams BOXES, Wind-or,lo " y rm' :
Scnr Carrie New York, t. Ai-H~ Ma"
Rai way Co
:Schr Carrie Hoimc:, New YORK, T. Ai"af""'H
Coal Go.
S,hr c & Cran,ncr, for Washington
Schrs Howard Williams ana b lie HnIid'i'
for Georgetown.
SAILED.
Schr + A Sanchez, II .yana b. N,n o,
Scnr Clara +; Simpson, Portsmouth, y. a.
by Americas t'oal Go
Schr VIM oliver, Norfolk. by j I Agn""
Schrs Index, Stephen Morgan, } Il iiH.'''>
and Amelia q Ireland, from Gc1:g't2 "h.
Schr Carrie, Washington, by 'h"s'e'
MEMORANDA.
Schr Maria Pier on, hesce NJ New Work '7.".
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-10-21

Gen. Siurgis, with eight companies of caval
ry, three of infantry aud section of artllary,
Missouri. General Terry, with four compan-
les, moved south 90 the west side. Nobody
knows were they are going. Such is the dis
patch from Bismark to-day This small force
sept to fight au unknown plumber of Indians,
and probably be massacred like Clusters com
mand-certainly will be if they 60 within shoot,
lug distance Of Sitting Bull; and yet, thousands
Of troops-with whose assistance they could
make short work of the Iudian war-are pour
ing into South Carolina from every direction,
for the purpose of ntimdating the white voters
of that Stale. What travesty upon good
government
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-10-21

SAINTE BEUVE. whJ was an x = edngly las
tidious gcutcnan, was one day boa>tlnr that
such man as himself aeyer could commit any
solecsms at the dinner table, when a friend OF
bis, Nj Fcurt d" CoDchcs, assured him that be
had on one occasion al hi, OVID table been guilty
of 40 less than eight breaches Of etiquette
namely, III So: H. had spread hi napkin over
bis knees, whereas he should have opened it
half our; having catcn boiled eggs, he had neg
lacted 10 break their shells; he had asked for
poultry, instead of requesting to be helped to
chicken, and giving the bird its name; he had
thanked the butler; he had touched the chick
en- bones with lis finger; he bad DOT LETT his
knife and fork on his piyt,; he had peeled a
pear by twisting it roucd instead of rrcliuc it
lrugrhway bc-ldrs offering half peach to his
Neighbour; and, finally, he had inhaled the fra
grace If glass Of wine before drinking it.
Whether Salute Bcuvc excused this last dem
ons.r;ticn 90 the ground OF juslhabie suspicion
OF NJ. de Conches' vine is not related.
John Kelley aged 35, was stabbed and kill
ID last night, il New Yo.k 10 a quarrel over
gam OF checkers by Qumbo Apo, a noted
Chinese crininal.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-10-21

The radicals of the North and their coadju-
tors 10 the South, the scaawags and carpet
baggers, lay great stress upon what they know
to be false assertion. namely, that the South
has made the presidential canvass sectional
contest. That they are aware of the utter talsity
Of this assertion is proved by the fact of their
continuous reference to the proceedings of the
ST. Louis Convention, at which the Southern
delegates said to those from the North, al
though we have the power to nominate whom
We please, yet, recognizing the anomalous posi-
ton We hold 10 the Uoioo of States, we will
rot exercise that power, but willingly and
cheerlulIy entrust the nomination to you; select
whom you choose and all that We shall do will
be to support hul. Docs that look as though
the South had made this sectional contest =?
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-10-21

A brief and concise article on the Southern
question, IN the current memoranda Of that
excellent monthly, Potter's American Maga
zine, published 10 Philadelphia, concludes with
the following just aud correctly expressed view
of a question which everybody understands,
but which President Grant, the radicals, and
that gang DOW happily growing small By de
grees and beautifully less. the scslawags and
carpet baggers, will not acknowledge
when the relative numbers of blacks and
whites in the South are considered, and when
one remem bers their relative positions, DISPOSE
tions and cultures before the war, the leading
whites among the proudest and hanghtiest peo-
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-10-21

The application oil a coal y: fire to latent
hornets pest could hardly have been more ex
citing, or caused greater stir In the radical
camp, than the appearance here OF two colored
men-both bona. 6de citizens OF the State, who,
delyiog the leagues" and other oath. bound
organizations of that party, have dared TO face
az audience 10 Alexandria and tell the people
Of their own race how they have been hood
winked and made the unwilling tools to ad.
vance the schemes of those who have 20 other
interest 10 them than TO secure their votes on
election day, or, by eDdorsation, secure some
lucrative position. The truths uttered by those
colored men had to be cJmbatted, aud
straightway meeting to counteract the effect
had to be held, aud all the local cloquence ap-
piled to prevent any of the ''black sheep" from
getting out of the path Of "dooty." Last nigh,
the wards OF the uaiou' We're marshaled at
the corner oil Duke and Washington streets,
where the oil-tod tale of Southern animos-
ily," ''return to slavery, '"democratic tyranny,
&C., &C., was repeated, aud the colorcd man
warned to staud fast by the radical party, though
In so doug be is daily siuklug in the political and
s>cial scale; and ,hough conscious that caught
but evil will eusue, yet permitting his designing
leaders to operate upon tears, bliudy gives 10
his adhesion, aud himself draws the color liue.
The sp, akcrs were suited TO the audience, and
the audience TO the speakers, but if shame is
left at all, a blush must have mantled the cheek
~ of no uh All fptn fharo 20
duce and Willy their own flesh and blood mere
ly to gain the insane pIaudits of poor, de-
luded, but, in some Instances, vicious and re-
vengefu class, and they will yet i've TO rue the
day that they gave succor aud couoteuauce to
a eau which must only tend to discord and
Dissection. The impudence and affruntry OF
some of the negro speakers can only be excused
by the couutenance given them by those who
have heretofore been supposed to know better.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-10-21

We alluded few days ago to the tact that
one Of the radical organs in Washington had
advised the arrest aud Imprisonment OF Judge
Mackey and f. w. Dawson, both of whom 1t
cassed as adventures, simply because they
we're usirg proper aud legitimate efforts to Sc
cure the election of Gen. Hampton in South
Carolina. OF Judge Mackcy we knjw little,
except that until now be has been aradlcal ever
suce he came into public notice as South
Carolina Circuit Judge; but Of Mr.. Dawson We
can say that he is an Elg!ishman who did good
service 10 the army OF the section whose cause
he espoused, and that his whole course ADD
his every act have firmly established him 10
the minds of numerous Discerning men as an
intelligent and honorable gentleman, who would
recoil from even the contemplation oil anything
that would lower him in the estimation OF the
people among whom he has cast his lot.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-10-21
nrEvANDRIA GAZETTE AND VIRGINIA ADVERTISER

Col. Hinton, the democratic candidate tor
Congress 10 the Petersburg District, Is Sec
ond Orpheus. His district has large negro
majority, but understanding the emotional
character .! that race, and their love of music,
he is going through the district 10 large va
gon, accompanied with splendid brass band,
and allures them to his support by the harmony
of sweet sounds. From early moro, way be-
yond the dcwy eve, and toto the hours near mid
ught, 10 some hamlet, village or town, or aloog
the roads, 10 his district, can be heard such
ueEhuuus tunes as "Way Down Upon the
Swanee River "Mollia Darling" a1d 9TH
er hand-organ music; and often, mount
cd upon the topmost seat oil the Wagoo'
can be seen the most prominent coored
man 10 the ueighbqrhood. Hearing OF
the CooDeps great success, the radicals
have asked President Grant to send several
companies OF j. s. troops to that district, each
company to b, supplied with band, and as
the negroes there are more civilized than they
arc ia South Carolina, aud probably will not go
to bushwackiug aud ambuscadiug the roads as
| they are doing in that unfortunate State, 1t Is
likely the campaign will hereafter be conduc ed
| upon the musical plan, and that from now un'
til the 7th proxlmo there will be music 10 the
air 10 The 4th district. AS the radicals, how
ever, have Two candid lies ia the field, carpet
Dagger and ucgro, aud as all the native white
and respectable foreign born people ln the dis
trict support Col. Hoton, he ought to- ane
doubtless will, be elected, even if the radlcal
shall have the most music
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-10-21

The Philadelphia North American saws that
permanent retention of the maio building is
likely to be witnessed since the movement in
its behalf is assuming such deiuite shape as to
argue success"