davidaulloa/AmericanStories huggingface dataset:
The New York herald., 1879-02-14
COURT OF APPEALS.


In the Court Of Appeals to-day. present CHIEF
Justice Sanford T. Church and associates the follow
ing business transacted
No. OF. John Adolph. respondent, the Central
Park, &C., Railroad Company, appellant.-Argued by
A. j. vanderpoel for appellant. and M. l.. Townsend
for respondent.
No SO. William T. Tooker, respondent, VS.. Will
lam II. Arnoux, appellant.-Argucd BY William II.
Arnoux for appellant, and Charles H. Truax for re-
spondent. .
No. 9s. William b. Thorpe respondent. vs.. the
New York Central and Hudson River Railroad Conn
pany appellant.-Argued by Edward Harris for ap-
pellant and Rollin Tracy for respondent.
The following is the day calendar for Friday. Feb
ruary H. 1S7o:-Nos 100. l0l 26 60. 70. 267. II and
ma
The New York herald., 1879-02-14
BUSINESS TROUBLES.

The Compressed Air Power Company has beon
placed in the hands of receiver. George II. Robin
son, by an order of the Supreme Court. The COM
pany was organized about Ave years ago. with nom-
ina capital of $00,OV0, the officers being q. H. Della
mater president, and W. H. II. Robinson, secretary.
The liabilities amount to about $4,000. mostly due
to G. III. Deamater Co.
Loudon Il salberg, jobbers in fruit. made an as
sgnment yesterday to james Wiley, giving prefer
for $1,000. Tho liabilities are estimated at
about $200O0.
Charles Radc. dealer In pictures in Brooklyn, made
assignment yesterday 10 Abraham Wolf.
The New York herald., 1879-02-14
REAL ESTATE.

The following sales were made on the Real Estate
Exchange February 49,
George W. Van Slyck, rcieree-Foreclosure sale Of
the three story brick dwelling, with lot 20xl0O.5
No. 266 West 49th ST., g. 800 IT, Q. Of 9th av., to
G. w. $40 600
X " HARNkTr
william H. Willis. referee-FOrcclosure sale of tho
four story brown stone front dwelling, with lot
to George swissheimer 1900
BLEECKER SON.
Samuel c. Courtney, referee-Foreclosure sale Of a
plot of land 4S2x54.4, n. &. of West lO6th ST. 100
IT, O. OF 10th to James Stewart 750
ny JOHN BOYD.
Thomas L. Fcitner, refercc-Forecosure sale OF tho
four story brown stone front dwelling with lot
25.2x9O No 10 West 81 st ST., s., 209 10 IT, ". Of
5th av to Charles H. Morton. ................ $500
Total. $50
The New York herald., 1879-02-14
SUMMARY OF LAW CASES.

Judge Donohue yesterday granted an order direct
ing Anson Monheimer. receiver of the ''Cook Tour
ist Firm" to allow John Mason Cook to inspect the
books.
Il. W. Simmons, p. ID. Sturgcs, @. Frank and W..
wedcll were discharged In bankruptcy yesterday by
order of Judge Choate of the United States District
Court
Maggie X. ballard charged Mary Mcarssh with
publicly slapdcrina her on Third avonuc by attack
ing her character tor honesty She demanded $4,000
The New York herald., 1879-02-14
ALWAYS WITH YOU"

The HERALD has received from 20. X" 50; sym.
pathizing Friend" $5; "Rcnnie and Lizzie 81;
'Helen." 81; &c. b. o." $1 Mrs. L. l.. W." 81;
"M. W. b." 81; IT," 81; Anonymous" s5; 'D.."
81; Anonymous" 81 "a. K.,'" 81; sympathy"
81; steward" 81; Unknown" $3 &c. II. r." 81;
"v. NJ" 81. and "a. L." 81, for tho family OF
George Werner. No. Gil West Forty.ninth street;
also from "R. 81. for Mrs. Stewart. of No. W Droome
streot. Total $40.
The New York herald., 1879-02-14
COURT CALENDARs-THIs DAY.

SUPREME CouRr-CHAMpEns- by Judge Dono-
hue.Nos 65. H. 49, 1872. 1877 24. 2sl 2s7 2o6' 3oS.
SUPREME CouRr-spEcIAL TERM-Held by Judge
Van vorst.-Law and fact-Nos $40. s78. 500. 89l.
9OS 0O6 9C9 91O 914 91S 92O 1884, $780, 1885, 938. 941s
o4S 946 6Os s25 721 724 500. 634. $50. $685. s45 S79
SUPREME CoURT-CrRcUIr-Par L. Adjourned for
SUPREME CouRr-CIncU1T-Par 2-Held by Judge
Lawrence--Case on-No. 1040-Agha hakahn VS.. Dtwil.
BruntNShort causes-Nos. 3O37. 4603. 456s. 41S2.
3979 4156 4479 1884, $685. 4G0l 4307 1884, 4676 1904
1914 46o9. 1925. 45o9. 1897. 4a49 45s7. 4s22;
SUPERIOR COURT-GENERAL TERM-AdJourned SSu>
SUPERIOR Counr-spEcAL TERM-Held by Judge
SUPERIOR CouRr-TR1AL TERM-Part Held BY
Judge sedgwick.-short causes ses; 7os, lo4e.
9s5, 1912, sos, 1916. 1888. Part 2-Held by Judge
Freedman.-Case on-No. 370-May VS.. Schuyler ~
al No day calendar.
the term.
COMMON PLEAs-spEc1AL TERM-Held by Chief
Justice c. P. Daly.--No day calendar;
COMMON PLEAs-EouIrY TERM-Held by Judge Van
Hoesen.-No day calendar.
COMMON PLEAs-TRIAL TEnM-Part Held By
0si ass 934 935 1885, 937. 9ss, $50, 94O Part 2-Hed
by Judge J. r. Daly.-Nos. 1915, ss2 1885, sel. s72s
MARINE CoURr-TRnL TERM-Part Held BY
Judge McAdam.-Short causes-Nos. 5467 6422. 6424.
$685. $685. Ss ss sss PART by Chief % Jusc
Alker.-Short causes-Nos. 577S, $685. 66l4 1914
s7 s sso S7S7 ss2 ssla sS 0s 53c
56l6. 5642. 1856. 1884. 5s13. 5Ss7. 6so $780, $685.
5S47. 5S72.
COURT OF GENERAL sEssIoNs-Part Held by Judge
Gilderseeve-The People Peter Wtlmot feloniouG
assault and battery; Same Henry Henderson.I
burglary; Same Frank j. McCann, larceny from
the person; Same VS.. william Abrecht. excise;!
Same vs.. John Wright. excise Same va. Andrew O.
Hasse. excise; Same Cornelius Cava and Nichoias
Caststora excise; Same vs. Valentine Bauer. excise;
Same VS.. Philip Cauttau, excise; Same VS.. Peter
Jourdan, excise; Same John Mccarthy, excise;
Same W.. Felix McManus excise; Same vs. Henry
Katharine excise; Same Michael Barry. excise;
Same VS.. William Fornes, excise. Part Held by
Do<v. v.ln
and John Arnold. robbery; Same VS.. Michael LAD
den burglary; Same VS.. Harry Cornelius grand lar
ceny; Same VS.. George w. Fox. false pretencesi
Same VS. Charles q. Conner felonious assault and
battery; Same vs.. Lewis Sberstein. burglary,
Same VS.. Nathan Wolf, burgary Same vs.. John Coe
and Edward ODonne burglary; Same VS.. john
Callaghan, burglary; Same VS.. Benjamin w. Brisos
grand larceny; Same Julia Gearing, larceny from
the person: Same William Mollock. larceny from
the person; Same vs.. John Cotter, petit larceny.
The New York herald., 1879-02-14
OFFICIAL REAL ESTATE TRANSFERS.

OFFICIAL REAL ESTATE TRANSFERS.
The following is statement showing the real
tate transactions recorded in the Registers ofico
February Is, 1S79:-
Monroe st.. s. s., s7.exirregqlar; also East Broad;
SaS SSsn sssss sSH q. Alfred s
Bcdlow and wife TO 70 jefferson a ,csSo Levy ~ Nom.
TO John schroeder: $l1 500
part %. also Centre St.. s. a2s #. :. Of Tryon
SnrsS z. a,S .
ell HaH.s sT and s%'rrS @ E;S: o
S7,s; $50 q {, Of 3; 50 A., ao.iG6S; also
5s; Mary McAnanny and husband to Thos Nc
7tH S" avn s. 900 IT. Of i6ih St., aoxioo; Leonard
Apploby and wife to o. Margaret i, ile%e N0m
Lexington av, s. a5 f. $. Of 47ih St, aoxs5 N0"'
Union Dime Savings Institution ....:.......: 1880
s aDSsSy and "s TO Ssaoo Leonard
20 Grove row. st. dot To s e and als's & S.
ward; also Grove s.. s. =. .5oxl0oxirregular: also
Ssa f. 70 hsS,:sp sSss sem
10Th Eastman e. a. 2an Of B. s ny Timothy
7c1h =. s 2as f. Si on Az y;.e esxloo o. Era'u'
sd T';a' ana z,is to 'S'!as o
Jeremiah Towle to Stevenson Towic. ........ 1900
same -. io,5oo
Ifs'nEGn Benjamin 3, sSsn Van &ys Som
'ish st. n 100 m f. " Of lc'h av sSSlTGs T, Gp
I'd sv NO l.5op; James Malry to Frederick L.
Poctxold; 81 800
10Th av., = o corner Of 35th ST.: William II. Nc.
Crccry to Elizabeth McGuinnss: so years..... 600
RECORDED MORTGAGES.
ST. syears ..............:. $4,000
St, OF 9TH av.; month. 1900
Berghorn, Henry, and wife, to the Home Insurance
Company, n. G. corner Of I'd nv. and 18th st.;
Donohue James and wife. 20 Jessie Clark n. w.
corner Of Lexington and sist st months. 1000
Same TO Nicholas BctJeman, same property; 1
month ................ ................ 5000
Ferris Caroline NJ. to tho Unltad States Life In.
surance Company of New York, Q. 5. OF Irving
place, n. OF 10th ST.; 1000
Folsom. GEORGE W. aud wifo, to James Roosevelt
and another executors, &cJ, H. of 10Th ST., G. Of
Fcttrsteh Annie and husband, TO the New York Life
9th st. 8 iots year Ioi 600
4th av; year. 1900
Kent James and wife to John ii. Dyckman, No. 81
Mathews E,isabetS. TO John H. Rikcr trustoc, xcI 49,
n. of 37th ST.. Q. OF 9th av months 500
Ncdhardt, John and wife, to Marie I. Hauser, 9. s.
of 36th of 9th av. 3ycars.........,... $500
O'tiormsn, Julia aud husband. to William Sturs-
years 27soo
corner OF Madison av. and 10th st.. months. 5000
Same to solomon Marks, same property; months 5000
Stone, Louis and wife to the Mutual Life Insurance
Company No. 407 East nth ST. year ........ $500
Columbia ST. s. Of stanton st years. 5000
Of I'll av n OF 3Ith ST.; instaments 1900
RECORDED ASSIGNMENTS or MoRrGAGEs
tmticn 900
pemaresi A. tcxecator &cJ 20 a. Underh ...... 1850
Joyce, amcs r. TO William r. Clarkson IL 900
Stursberg, William, to A. Kuhn
The New York herald., 1879-02-14
NOT TRANSFERRED.

Mr.. John Klnker, Of No. 1856 Eleventh avenue
states that the item published yesterday among the
real estate transfers to the effect that the southeast
corner of Fifty-second street and Eleventh avenue
had been transferred by ID. Tomlinson TO Cynthia
Bush is incorrect, he tMr. Klnkcr) owns that corr
and the property transferred s 200 feet distant
from his corner
The New York herald., 1879-02-14
WAGES or sHIpWRECKED sAILoRs

singular claim camo before Judge Choate yestcr-
day In the United States District Court-that of the
sailors of the steamship Cleopatra for money due
them from the owners Of that vessel The steamer
struck on . rock in the harbor Of Nassau. N. p, on
the Esd Of last October. voyage from Santiago dc
Cuba to this port. After lightering her cargo the
steamer foated OF and taken into Nassau where
the damage was found extensive that she was
abandoned to the insurance companies. The sailors
claim that they entitled to wages until their
arrival In New York. When the steamship taken
into Nassau the owners offered to pay her
up to the time the steamship struck the
rock, and twenty-eght of their number accepted
this offer. Nine others refused and remained In
Nassau until the latter part of last January when
the steamship company refused to pay further board
for thom and finally they sent to JACKSONVILLE,
Fla. by the American Consul. By the authorities nc
jacksonville they were sent to savannah and from
there they brought 10 New York. free OF charge
by the steamship company. When the case was
called yesterday afternoon by request Of counsel for
the steamship owners an adjournment was had until
next Monday. The steamship owners claim that they
are only liable for the expense up to the tme tho
steamer struck, but Judge Choato clearly intmated
that at least they liable TO the time tho steamer
was abandoned TO the insurance companies.
The New York herald., 1879-02-14
CIVIL DAMAGES ACT.

suit under the Civil Damages act was brought
to trial yesterday. before Judge Van Brunt
holding Supreme Court. Circuit. Anna Lavelli.
in her complaint. states that her husband. Fran
cs Lavelli, was in the habit Of sending their
young daughter to the liquor store distillery of
Patrick Skelly. at No. 256 West Houston street. for
liquor several times day; that her husband would
drink the liquor at their house. and. while intox-
icated in consequence would treat her in cruel
and inhuman manner. She brought suit against Skey
for exemplary damages. After hearing various wit
nesses on behalf of the plaintiff motion was made
to dismiss the complaint The motion was urged on
the ground that there proof of direct partci
patton by the defendant in the sale of the liquor and
also no proof that the liquor sold to Mr.. Lavelh
"Under a liberal construction of the act" urged
Mr.. Matthew'S the defendants counsel. ''any person
who sells liquor at any time to any other person Is
responsible for the acts of any third person who hap
pens to drink the liquor"
That's so,' said Judge Van Brunt; "the person
who framed that act is 1T subject for Sherif's
jury"
'.Most certainly" said the defendants counsel.
eff should buy basket of wine for q dinner party,
and ono among the party should get drunk and abuse
violently of the guests, the man who sold me
the wine would, under the act be responsible for
such violence"
Every clearly" said Judge Van Brunt "Ill dis
miss the complaint in this case"
The plaintiffs counsel Mr.. L. d. Culver. asked for
stay Of fifteen days to make case ior appeal
The New York herald., 1879-02-14

supporting seal ana sea elephant Dubber. Ana fur-
ther on were three huts made of whales ribs. COW
cred with brush, but giving no evidence of having
been lately occupied. BY signs and other means OF
communication she made aware that they wanted
her to accompany them, and, without any apparent
hesitation. she mado ready to follow. She filed
baskct-such as were common among the Indians of
this coast for packing their backs--with provi-
sons fishing tackle aud other articles and. taking 1t
arm and a hrebrand in the other hand she
In their course where tho schooner lay at anchor
they found beautiful spring OF water issuing from
the bank above the beach. under shelving rock.
The cracks assures in this rock stuck full OF
bones and there other evidences of encamp-
mcnt of the lohe inhabitant Of the island. These
bones were used for nourishment, obtained
by sucking; they were dried and resuckod
many times. showing that occasionally she
put upon short ratons. but at the
time of her discovery appeared to have an abund-
ancc. such as IL She retained all her teeth, but
they worn low, supposed to DO due to her chew
ing tough and solid articles of food. Her ace ap-
peared to be about fifty years.
Further another spring the beach,
under the bank. Here she indicated desire to
bathe and was permitted TO do by the balance OF
tho party retiring out Of sight. After her bath she
joined the others and went direct to the shore boat,
and thence to the schooner. She prevailed upon
to abandon her nrebrand and seal blubber before
leaving the beach. Going aboard the schooner, she
went directly to the stove and warmed herself indi-
eating that she knew what the stove was for. She
ate heartily OF the food Of tho crew, appeared to
Joy il aud IL agreed with her. Mr.. Brown made her
skirt of ticking, with which and q sailors cotton
shirt and black necktie. her dress was complete.
She assisted in making her dress but could not
TO thread her needle. Her sewing was quite rude.
She appeared much pleased with her new dress.
The following day she went ashore with the men,
who made separate shelter for her, which she occu-
pied about a month. the time spent the island
tier hunting. She was quite industrious, carrying
wood and water without being asked She appeared
contened and happy, frequently singing and chat
tering to herself The men could not understand
what she said. she they but Mr.. Ndcver said il
was truly wonderful how she could converse with
them by signs She occupied portion OF her time
In making water vessels of grass and asphaltum, o
substance plentiful both the island and shore of the
main land. The grass plated into shape
bling o demiiohn but wider at the top and lined
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1879-11-27

mate Howrigan and Edward Igoe, OF
OsWego, were saved.
A ST. Paul. dispatch of Nov. 23rd says
fire in Pennington, MINI, late last
night destroyed four-fif of the business
part of the town. Engines were sent
from st. Paul and Minneapolis which
finally gained control of the flames early
this morning. The following are the
principal losers: G. A. Grieve, general
loss $4,000, insurance $1,000 Milwau
kee & S. Paul elevator, containing sixty
to seventy thousand bushels of wheat,
total loss; insurance on wheat, owned
by Archibald & Schurweir, millers at
st. Paul, $4,000, other insurance un,
known. Atz s. Sauer, hardware, $4,000:
insurance $4,000. Detman's bank, loss,
$4,000; insured. There are large mum.
bar of small losses ranging from few
hundred to , three thousand dollars.
Eighteen buildings in all destroyed by
the fire, including the depot and elevator,
two hotels, bank, stores and dwelling
houses. Total loss probably $150,OC0.
Insurance not to exceed $4,000.
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1879-11-27
FIRES AND CASUALTIES.

Tie schooner Gustie Wilson was
wrecked on Minot Ledge, on the coast
of Massachusetts,, on the Goth inst.
A FIRE at Louisville, Kentucky, Nov
21st. destroyed the Falls City Steam
Bakery, involving loss of $4,000.
The crew Of the wrecked steamer Mer
curry were all rescued by a life boat from
Ludington, Mich, Nov. 21st.
A BOY named Romain was drowned al
Cedar Rapids, Iowa, while playing on
the ice, says dispatch of Nov. 22d
THE Northern Transportation Gonna
ny's steamer, City of New York, went
aground near Ludington Nov. oath, and
water-logged.
a DIcPATCH from Green Point n. Y
Nov. 22d, says the loss by fire of the
French cream-of-tartar works will reach
100000. Insurance about S165,000. The
lire was incendiary.
IT was reported, Nov 21st, that two
unknown persons had been swept over
Woods Falls, near Watertown, n. Y
The awful tragedy was wrapped in mys
terry, it being impossible to learn the
names of those who, apparently, com.
mitted selfdestruction.
A SPECIAL of Nov oath from Traverse
City reports that the schooner II. B
Phelps, of Oswego, went ashore at Gler
Arbor, Lake Michigan, Wednesday
night. The vessel and cargo, 1900
bushels of wheat, total loss. Capt. Kelly
Robert Dewey, George Kelly, of Oswego
Frank Golden, cook, of Sandusky, and {
German sailo-., name unknown, shipped
at Milwaukee, all drowned. The frs
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1879-11-27
Randolph On Clay.

For bitter invective and whitening
sarcasm, the language used by Johr
Randolph toward Henry Clay, which
led to the duel between these two dis
tlngulshed gentlemen, is probably with.
out a parallel. There was no choice by
the people for the president in 1924
and John Quincy Adams was elected
by the house of representatives over
Andrew Jackson. Henry Clay had
been a candidate, and had received
some electoral votes, which defeated
the choice by the electoral college. In
the house, the Clay votes were cast for
Adams, thus securing his election.
After the inauguration of Adams,
March 4, 1925, he appointed Clay to the
office Of secretary of state, the head
place III his cabinet. Mr.. Randolph,
between whom and Mr.. Clay there had
long been bitter feud, took an early
opportunity in his place in the house
OF representatives at Washington. of
which he was member, to pour out
the vials of his wrath against his hated
adversary, which he did in the follow
ing terms: "That man." referring to
Mr.. Clay, who was presently, "man-
kind, L crave your pardon; that worm,
insect, forgive the insult; was spit out
OF the womb Of meanness; he was rails
ed to position higher than he was
born to, for he was raised to the society
of blackguards. Contempt, that has
the property of descending, in her
downward fight fails to reach him, for
he dwells beneath her fall. That ALPHA
bet which lends her letters to write the
words of meanness, squalidity and
loathsomeness, refuses its characters
for hinl. Fortune, kind to him but
cruel to US, has tossed him into the
secretaryship of state. A man of genius,
be shines and stinks, and stinks and
shines like rotten mackerel by moon
hight" In the same harangue, but not
In the above connection, Randolph call.
ed the arrangement by which Adams
got the Clay votes In the house of rep
resentatlves, and Clay was made secre-
tary of state by Adams, "The coalition
between the New England puritan and
the southern blackleg." This was more
than the blood of Kentucky's favorite
son could stand, and he forthwith pen
ned a challenge to ga member of one
OF the first families Of Virginia, "seek-
ing to heal his wounded honor in
mortal combat on the soil of the cold
Dominion" The challenge was accept
ed, and the duel fought, proving how
ever, to be bloodless one, Mr.. Clay,
taking deliberate aim bat missing Ran
dolph, who was then in figure, but wore
for the duel large over garment, which
he so padded that he was on one side of
1t: Clay hit the figure, hut the ball,
which would have gone through Ran
1olph's body, had he been in the centre
of bis garment, entirely missed him.
MIR. Randolph reservipg his fire, and
having his victim at his mercy, with |
nagnanlmity equalled only by his
latred, discharged his weapon in the |
'lr; Thus ended the Clay-Randolph |
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1879-11-27

phia, Nov. 21st, the first installment of
specie for the ten millions transfer order
from the secretary of the United States
treasury, consisting of eight tons OF old
gold coin and bullion, amounting in
value to four millions. 1t is designed
for re-coinage into coin of small den0mi-
nations. 1t was soon followed by the
second installment, of the same amount,
and the shipments will continue until
about forty-f1 millions are used. The
assay office employees are continually
packing, as rapidly as possible, so as to
be able to ship the entire amount in
season. The metal is chiefly derived
from imported bullion.
A PANIC of the widest kind occurred
on the New York stock exchange, Nov.
21st. At the opening Of the board prices
began to fall off rapidly until the aver
age decline amounted to IS per cent.
The men charged with engineering this
bear movement were Jay Gould, Jas. r.
Keene, Russell Sage aad Addison Cam
mack, aided by outside parties. The
failure of Edward Livermore,
30 Broad street, was announced.
Rumors Of other failures were rife, but
none were substantiated Toward noon
there was a rally in prices owing to a
general desire to invest in the low stocks,
but in the afternoon the bear movement
began in earnest and at the close nearly
the lowest prices of the day, prevailed.
The panic in the money market was the
most terrible since Black Friday.
Brokers were frantically endeavoring to
close out the deals of their customers and
the excitement was fearful
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1879-11-27
CABLEGRAMS.

1T was publicly announced, Nov. 24th
that the ministry of Russian foreign af
fairs was to be taken from Gortschakof
and placed in the hands Of Prince Wal.
lujeff
IT was reported from Berlin Nov. 23d,
that snow had fallen very deep all over
the northern part of the continent of
Europe, and the weather was exceedingly
cold.
SEVERAL Of the leaders of the Irish
agitation were arrested Nov. 22d, and a
detachment Of troops was sent from Cork
to quell the threatened outbreak of pop-
ular indignation in the county adjacent
to that city.
IT was announced by cablegram on the
2lst, from Hong Kong, that Consul Mos
by had engaged in a quarrel with Gov
ernor Hennessy, which the American
residents of the place sadly regretted. 1t
appears that Governor Hennessy applied
to Mosby for official information con-
cerning the opium traffic between Hong
Kong and the United States,
and to that end desired to
secure a copy of the records. The gov
ernor sought the information for the pur-
pose of stopping the grossly illegal
traffic in that drug. Mosby denied his
request on the ground that it was put in
the nature of a deraa-.d----5inspcct the
consular record8-a demand which he
felt bound to resent. Gov. Hennessy
has always treated Consul Mostly with
the utmost Difference, and this quarrel is
widely deprecated, because believed to
be unjust and unnecessary.