davidaulloa/AmericanStories huggingface dataset:
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-08-25
THE LEGAL BUDGET.

Farley Worsted In His Suit for Slice OF
the st. Paul and Manitoba Road "A Jury
Can't Jump Down its Own Thr0at--Im-
portant Decision by Judge Macdonald
in the Eighth District.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-08-25
Dennis A. Morrison and Joseph b. Morri.o

Dennis a. Morrison and Joseph b. Morrison,
partners "a Morrison Bros, respondents. VS..
N. G. Abbott and Ellen NJ. Abbott, appel
lants.
person, and by such third person to said wife,
both couyeyanoes being written without val
liable consideration, such owner being at the
time in embarrassed and failing oircumstan.
ces, and the conveyance being made for the
purpose Of transferring the property TO the
wife so that she could hold it free from the
claims of her husbands creditors, is not fraud
ulent or void as respects creditors of the hus-
band to whom he was indebted ut the time
when the conveyanoes were made.
Judgment reversed BERRY, j.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-08-25

Cur this out. The vote of President Til.
den in 1876 was 4,2s4,265; Hayes, 1885,
2ss. Tilden's majority, 25o,97o of the peo-
nile of the United States.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-08-25

William II. Stevens, appellant, vs.. William
Montgomery, respondent.
Esllabus-A verdict bad been rendered and
the jury discharged; the jurors, two days
after, came into court and stated that the
verdict as rendered was not such as they in
tended.
Held, No cause for n new trial A verdict
cannot be so impeached.
Order affirmed. GILrILIAN, g. j.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-08-25
Supreme Court

Supreme Court.
jesse p. Farley, respondent, va. Norman W.
Kittson, James j. Fiji, The Saint Paul, Min
neapolis and Manitoba railroad company, up.
pellants.
The court pfter hearing tho history Of the
transaction upon which the complaint Is based,
hold:
Tt is not alleged in the complaint that any
money was procured nor that any could be
procured on the condition OF tho contract be-
tween Hill, Kittson and plaintiff. In the.ab.
sence OF the fact on which the prosecution of
the contemplated enterprise depended there Il
nothing to show that Kittson and Hill violated
any duty to plaintiff inmakiug ontheir.own be.
half the arrangement with Smith and Stevens.
No ground appears then in the complaint for
plaintiffs claim of interest in the bonds.
The order sustaining the demurrer Of the
railroad company defendant, is affirmed.
The order overriding the demurrer of the
other defendants is reversed.
GILFILLN O. j.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-08-25
Special Telegram to the alobc.l

Especial Telegram to the Globc.1
DULUTH Mimi, Aug. 24.--Ar-
rived: Propeller China, Buffalo, 1874 tons
Of merchandise, 400 barrels Of lime and $50
tons Of railroad iron; propeller Mapistee.
Houghson, light; shooner Bavaria, Kingston,
light; schooner Montana. Buffalo, $50 tons of
GOAL.
Cleared: Propeller Manistee, Houghton, l6l
barrels Of -four and one ear of mixed freight.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-08-25
london Wool Sales

LONDON, Aug. A.-At to.day's sales wool
was steady. but unchanged in tone and quota
lions. Eight thousand one hundred bales were
sold, chiefly new Zealand, New South Wales
and Cape
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-08-25

Committee.
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-08-25
300. 500. 800.
CASH PREMIUMS TO
GLOBE SUBSCRIBERS.

800 CASH Distributed among every FIFTY
NAIL SUBSCRIBERS for ono year, 10 che ST.
PAUL DAILY GLOBE.
$50 CASH, Distributed among every FHTY
MAIL SUBSCRIBERS to the ST. PAUL DAILY
GLOBE for SIX MONTHS.
Tho GLOBE offers to distribute In Cash
PREMIUMS, the sum Of 800 for each so yearly
us subscribers, paid in advance, at tho regular rate
Of 81 20. The premIums will be divided as follows
Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-08-25

President Rhodes made verbal statement to
tho council Of . proposition mado by the OFF,
GERS Of the late Farmers d Mechanics bank, of.
fering certain property In order to cancel the
indebtedness of the bank to the city, amount
ing to GIG, AGO. With interest. The proposition
was discussed at considerable length, and was
finally referred to the committee on interest
and Allen. The subject was brought up by q
communication from Messrs. Young d Newell,
attorneys for the bank, addressed to President
Rhodes.
MISCELLANEOUS BUSINESS.
An ordinance was passed authorizing the
owners of lots and 5. block 10. Rice and Ir-
vines addition, to tap the city hall sewer to
abate nuisance.
The matter Of grading Cherry street from
east line of property owned by railroad easter
ly to Maria avenue, was sent to the board Of
public works.
Maria avenue waa ordered graded from North
street to the eastern terminus Of said avenue.
Also Pleasant avenue from Ramsey street TO
Sixth street.
The committee ON fre department was In
struoted to place steam FIRE alarm whistle on
the GLOBE building, No. II Wabashaw street,
at q cost not exceeding 300.
Peter Pfeifer, to whom the contract for the
grading Of Cedar street was awarded, having
failed to comply with his contract, the board
of public works was directed to have the work
done, and the city attorney instructed to COM
mence suit against Pfefier and his sureties for
damages.
The usual number Of sidewalks were ordered
laid.
Tho chief Of police was directed to have the
distractions In Canal street, between Third
and Fourth streets, removed
The city clerk was instructed to give notice
Of tho intended change Of grade ons Tenth
street, from Wabashaw street to point 800
feet west Of st. Peter street. -
The walls Of the Hall q Sherwood. block,
, 1880-07-25
PUBLIC LIBRARY.

THE SEMl-MOHTHLY MEETING
OF the Public Library Directors was held yester-
day afternoon in the rooms of tho Board. There
were present Nessrs. Loewenthul, Shorey,
Spraguc, Onahan,. Rubens, Librarian Poole, and
Secretary Wickersham.
Before trausuctinE any business, Mr. Onahan
challenged tho right OF Mr.. Shorey to sit as
member. He stated that 3fr. Sborey had re-
signed, and his resignation had been accepted.
In addition to thAt fact, mr.. shurey was an
Alderman, aud hence could not act US an officer
Of the Dunrd Of LtbrMry Directors, '
Mr.. Sh0rey stated it to be his understanding
that he had a perfect right to SIT until, biz sue
ceSsOr had duly qualified, He had handed in his
resignation two months ugo. aud the Mayor had
desired him to delay his action. His successor
had not yet outlined, ,and he was confident Of his
Mr. Rubens cluimcd that a members sent be-
came vacant so soon Us his resignation was &C.
cepted. .;
Mr. Onahan called for ruling OF the Chair
Mr.. Locwcuthai, In tho chair, stated he would
NOT rule OH tho question. but put the mot1on,
Mr.. Rubeus and Mr.. Onahasl voting to adjourn,
and Mes3rs. LUeTentaul and; 6prHg1e voting
nEslInst tho motion: Mr. Shorey refused to vote,
aud the Chairmun directed the Secretary to read
the minutes, .,
'Mr. Onahan then arose, and, in high tdudgeon.
said, beK leave to retire. and forthwith pro-
ceeded to leave the roulu. ,--, -. J.: =,
This disposed Of tho question Of quorum.
Chairman directing the Secretary to note that q
quorum was present at the opening Of the meet
ing and that the lack Of a quorum had been cre-
ated by the withdrawal of Mr. Onahan. :
1n which the question was discussed at length
all those present, except MIR. Rubens, claimfng
that any member held over until his successor
should be appointed: ; =. ,,,
, 1880-07-25
COUNTY-BUILDlNG,

CHARLEY FOSTER, Chief Clerk Of the Sheriff q
Office. left Inst evening for Geneva Lake, upon
two weoks' vacation. 4 legion Of friends wiah
him jolly good time.
CIRCUIT CLERK JACOB Gross yesterday. paid
s., ga.2l over to the County Treasurer. the same
being the earnings Of his Office over and above
expenses for the sl1 months ending May l.
THERE we're no committee meetings ycster-
day, no session Of the County Court, and vlrtu-
ally nothing that could by stretch Of the inn
aXination he called an item Of public Interest
MARTIN KRAATZ, the .fratricide, who stabbed
his brother few days ago, from which injuries
the wounded died on Friday, wass yesterday as
signed to Cell in Mlirdorcrs' Row, where he will
probably remain until his trial takes place.
TIE Grand jury yesterday heard twcnty-three
cases OF tho ordinary jiIl And bail charactor.
Twelve true bills wero returned. In six cases
no bills were found, and five were passed for
further consideration. The Jury held two
sessions during the day.
THE jury In the Llmburg murder case expert
encrd great difficulty in agreeing upon YER
dict. They continued locked up tn the jury
room during all OF Friday night, nnd, atg o'clock
yesterday morning: returned verdict OF guilty,
a1iixing the punishment at one year in States
Prison.
, 1880-07-25
FEDERAL, AFFAIRS.

The gold disbursements at the sub-Treasury
yesterday we're $1,000. -
The sub-Treusury redeemed 5000 in silver
yesterday and pnid out 81 ,0U.
THE internal-revenue receipts yesterday were
81, ,795, Of which F.ls16 was for tax-paid spir1ts
*2.B6 for tobacco and cigars, and 1880 for
beer. .>y.,1 60. er.'~ ~
TIE Custom House officials swooped down on
thousand imported cigars yesterday which we're
not put up ia accordance with the regulations
requiring them to be packed in bundles,
wrapped in tobucco ieaves. -.
, THE following Is list of the dutiable goods
received ut the Custom House yesterday:
kuntzler s. Hargfs, l. cases cigars; E. Ho1f-
man.. case cigars; g.. P. Carpenter, : cases
cigars aud Il cases fancy goods: Q. Il: Keith T.
dry goods: Cunningham & Hunter. So cases soda
ash and 20 drums causrc soda: Field, Letter e.
Co., ~ packages dry goods; Carson, Pirie, Scout
wine. Collcclons, $5,i1S. r.
, 1880-07-25

One Of the best musical entertainments that
has been given In Evanston for years, and, prob
ably as regards spectacular effect, the best, will
be the operetta of the .'Fiower Queen,'' to be
given In tho auditorium Of the First Methodist
Church on the evenings OF Aug. and ). The
Il. Mcrvin, who hus now under drill chorus Of
sixty yOices. The Flower Queen - is In itself,
u very beautiful piece OF music, and the church
will he SO decorated that twill appear very
bo~eE OF howcrs- Tho proceeds Of the enter
tnnlnent TIL are to he devoted to the interests of
The ncpublican Club will meet Thursday even,
Ing to transact unfinished business and make
final arrangements fur> series Ut meetings to be
held tn Evanston during the campa1gn. = ''
The term of, DR.. :R-tM. Hatneld.s pts1orute in
Evanston, according to the three year rule, ex-
pircs at the meeting Of the next Conference 1t
seems that he has been successful in winning
senclne on foot to make him the agent Ut tho
Garrett Biblical Institute, fn order to retain him,
The Doctor is in. demand elsewhere, also. hay-
CISCO = - ~ ''''+'
The building for the new Government fog
t,ta horn VII b. 81. stMted on Lighthouse grounds,
is already commenced, and it will be pushed to
completion as fast as possible There will be
TWO bt'ilcrs, one to be used duplicate i case
the other should fail. 1nd small engine for
sundry purposes. The horn itself is truly I'M
mcnsc affair. the bell end being about four feet
IN diameter. and capable Of making noise like
not exceed $l1. 200.
The Rev. II. II. Hatfield, D. D., will preach this
mornins in the First Methodist Church. -. :.
The Rev. George C. Noyes will preach this
morning in the Presby teria,r Church.
. In the absence Of the pastors, the RevB. A.; j:
scGt! eco aaa and GcorEe Fringe The Congregational
supplies. -.
Services will bc held In St. Marks Episcopal
Church to-day at 1880 4. n and 7:30 .. IA. The
sunday-school will convene at l5:l5 p. Nd. Com
mmnton services will be held at =. m :: t. <.
Inc customary union services Of the Metho.
dist, Presbyterian, Congregational, and Baptist
Societies will be hold this evening. - 'e..s
, 1880-07-25
SlIlf.lflE


MuNc1E, Ind, July A.-The body Of John
Alexander Snyder was found hanging to a
tree In this county this morning. lie was a
respectable farmer, aged 26. Cause of suicide
In doubt
TOPEKA, Kas., July 24.-H. P. Comegys,
stenogMpller of the AtchisoIl, Topeka s.
Santa Fe Railroad Office here, committed
suicide. this afternoon, the death-leali1,g
agent being chloroforn1. Con1egys came
here from st. Adams, Vt, where lis parents
reside. and where he was formerly employed
on the Vermont Central Railroad.
Spte1at Dtspateh to The Cntcugo Tribune.
KANSAS CRY, No., July &c: J. Boving,
OF Lancaster, O., committed suicide ut tie
Barll1lm House III this city some time during
Friday night by taking morphine. lie was
found dead in his bed to-day, and from let
ters and notes it was ascerrained that it was
clear, case of suicide. 'Bovtng has been on
big spree for several days. and being with
out money and friends committed the rash
act
, 1880-07-25
THE CITY-HAII.

| AN alleged case Of smallpox was reporte,
| from No. 100 Thirteenth place yesterday, but /
TUNED out to be measles. ..
| JEREMIAH FLYNN, Baiiff OF the South Sid,
Pollco Court, is reported By the Controller to b,
behind with his accounts. The exact extent i
not known.
TIE Treasurer yesterday received s., ,ose from
the Collector, $s ,647 from the Wnter Department
| 35'from the Controller, and $l25,000 from til,
| County Collector.
| COL TON O'KEEFE, Of the United States serv
| Ice, assured the Mayor yesterday thnt man-of,
war would be ordered here ut once, il necessary.
| to suppress the bumbout nuisance.
TIE Committee on Railroads met yesterda,
afternoon, and. procuring curriage, took {
ride to inform themselves Of the lay Of the
ground in certain localities where the railroads
are asking additional privileges.
GEN. TURNER, Commissioner of Public Works
at the other end of - the big bridge was among
tho callers at the rookcry yesterday. ne is en-
1oyl1g vacation and visiting his brother. Vol
Railway.
The Mayor yesterday revoked the saloon
License Of ~ B. Mccoy, whose place was at No.
c8A West Randolph street. Tho revocation was
made on the representation that the place wus
used for assfgnation purposes, and was disrep-
utable generally.
JoHS BLoN WAS yesterday removed from the
position Of Clerk ct the West Side Police Court,
and u. A. Lu Buy wus appointed to the pluce
factory condition, and shortage in his ACCOUNTS
is charged beside.
axo-h,reto,, +r,,x, ,xt,, ,.,,,o. 49,
Nn,h.esn, p'at s.nn VII 1eave tae Cn1cago
tSortaWeslern % naalroaa CompanT's depot to-
ing to test a smoke-burner which has }aon NJ
tached to one Of the Company's engines. 4
number Of persons have been Invited. Including
Tut C,n-,,..,.1.. 49, n.,.
.,.r+t rs Ipnass'9ncr HISS % o. fnono WORKS Will ad-
rsas.o ~ a. acm aays " lor me nghting Of such
~ ot lnn city as are not lighted ~
9an, na ~. " pe reeelsed 1or using OIL
,ati ttsa W. " .S gtno ournin9 nn1 and AFTER
tnras ae e,, eee aso s.1 o.1hncy ol Tue VARIOUS ma
etaat etaa.s p,oAsgu ~ VIII oeteIn1ne which Will be
oeleeteu A"o aoopoo'
, 1880-07-25
public Clubhouse, and In the yard OF No. 50 there
were s1 wagon-loads Of rubbish and ditt-

were SIX wagon-loads Of rubbish and dirt
THE South water street merchants havtt
agreed to submit to being taxed 80 nn muot
With viii si:''S' ar: Walsh: - the be- contractor fol
sweeping the streets. and asked him to make
to do Tomorrow. This plan Of cleaning the
street is substitute for the one proposed week
ago.
An effort will be made at the Council meet
Of the last meeting by which McGrath was
kept out Of his seat, after being declared elect
ed. How successful it will be remains TO be
seen, and no one feels or manifests deeper IN
terest in the matter than the Mayor. He wants
to see stauber retain his sent, and since the last
meeting has lost no time in advancing argii-
mcnts 10 such as he thinks he can influence Id
his favor. AID. Meyer, one Of the absentees at
the last meeting, is among those ne mas talkoo
to,
ANOTHER idea has struck the Mayor on the
question Of cleaning the South Branch He
thinks that an open sewer could be dug to con-
meet the South Fork and the canal. and IN con-
sidcEatton Of its being made naviRable: that the
the necessary land, and Tomorrow the City
Engineer Will commence making surveys OF that
locality. not only with view TO getting at the
View to securing other data upon which to base
the Mayors ng-dclayed communication to the
Canal Commissioners on the subject
THE Committee On Fire and Water did not
complete their report on increasing the water
supply yesterday, but US bus already been out
lined In these columns, it will, when completed,
recommend the adding of new engines to the
West Side Pumping Works to meet present de-
mands, aud the ultimate building OF new and
ccutr,u works. The report will be signed By
Aid. Thompson, Purcell, and Murphy, and prob
ably By Aid, McNuruey, II he Is at home. Aid.
Shorey has not yet concluded to sign 1t, but
may. In any event, there will be but one re-
port, and it will be of the nature indicated. The
report will be laid before the Council tomorrow
evening. -:
THE GARBAGE DISPUTE.
The dispute about the removal of the garbage
from the Eighteenth Ward between AID. Hurley
and Commissioner Dc Wolf goes bravely On,
and promises to result in some good. The Alder
man wrote him curt letter yesterday On the
subject, maintaining that four teams could keep
the alleys clean, ETC., mud III the afternoon the
Doctor consulted scaycnger On the subject,
and became hulf convinced that the Alderman
was right. Mr.. Burley also urged the Importance
If the scavengcrs being provided with bells to
let the people know Of their coming, which Ap-
peared TO meet the Doctors approval, for late
q the afternoon he Informed tho scavenYers
hat they would be provided with bells to-day.
He even went further than this, ana ordered
some Of the seayengers transferred, threatened
The discharge of Others, and said that rs soon as
1e could get around tn II be would have all of
hem paint their wagons uniform color, and
tlso paint suitable sigma upon them that they
might be readily distinguished. The stirring-up,
It will be seen, has doue no hArn.
, 1880-07-25

The Twenty-stxtll Day Of His Remark
able Fast.

The Twenty-stxtll Day Of His Remark
Rble Fast.
New YORK, July 24.-Dr. Tanner was
somewhat weaker and rather more irritable
to-day. Early this morning he complained
of u burning sensation III Ills stomach, and
was given twomouthfuls of hot water, which
stimulated gastric follides, relieving the dis
tress- His physicians think 1t is an unfavor-
able sign, but he says that during Ills fast at
Minneapolis he often experienced the same
sensation. He enters upon the twenty-sev-
enth days fast with no other marked change
In his condition.
ting with the reporter on Spiritualisln, Civ
ing his views thereon. He seemed lively and
cheerful. He did not take All afternoon
drive. Tie retired at $3.50. Weight, 1so113S;
temperature, IS; pulse, II.
, 1880-07-25

We shall offer on Monday
about fifty Ladies' Suits,
consisting Of Grenadine,
Sumner Silks, Buntings,
and other Elegant Costumes,
at $4,000, $500, $4,000,
and up to $4,000; which is
not much more than half
their former price.
Ladies desiring a Suit for
immediate use, and who
wish to avoid the trouble
and delay occasioned by
going to a Dressmaker, can
always find a splendid as
sortment in our stock, made
from all the newest mate
rfals, and in the most orig
inal and approved styles,
from the ordinary Dress to
the most fashionable Co.'S
tune, and can always be
guaranteed a perfect fit.
, 1880-07-25


mEn1 only son OF John w and
Funeral to Gracelund Cemetery July 2a at Up. M,
70 Independence (la.) papers plense copy.
Joseph and Br'dses sim. is Faison-s. .s"'' Sun Oh
cKARYJuly =! At the Essidence OF her niece, Mrs.
Michi9nn-uv-, At O'Clock p. :.
r. snd NeliE Ttn daughters ct
5he5 psrsa!s. :Tssp:y GsneSsxe Ssncs 5a}y 3
months and ii days ''e4''' '4'' ~ "seo
AKELY-!- -,y y, Dr. Harrison Akely, Of apop1e1y,
Hurled 1t La Porte. Ind, Ju,yn.
please copy.
TRoosT-Gust.vus Troost at his residence, $50 Chi
coEo-av. on Friday, July q. aged 81 years
Funeral Sunday at p. m. .@'
= 5aS, nq11 Of tas Rsv
torai residence, 10 dis s;th ye;sr.. p''@
The funeral WY take plaes Monday July q, Mt 1850
w + e. S, sS
to Calvary Cemetery.
MuRPHY-Atthe residence Of bis mother, NO IS
Goethe-st OF drops5, Stephen Murphy, uged years
Euneral q Monday, July 2a 1t Il a. m, by carriages
to Calvary Cemetery.
BnosSEAu-Etta b. beloved wife OF John B. Bros
seau, of Inflammation Of the bowels.
Funeral from residence. aR East Ere~st July g. at
EMontreal and Bridgeport tCt-> papers please
copy.
CHAPPELThe funernl OF Mrs. D. N. Chapel will
and Sa:c-sss ut O'Clock p m, Sunday, by carriages
SHARP-At Mackinuc, Mich. Friday july n Joscph
s. infant son of'James s. and Nella 3. sharp. aged
ef 8 s. 4 ssa s;; Hss aa"sh
.KoE5TE1l-The fune1nl OF George E infant son of
Mr. George Koesler will occur at D. to-day. from
Lake View.
, 1880-07-25
TFlFGRAPHfc NOTES,

LITTLE Rock, July 2.-The first open
cotton bolls Of the present season were
brought in to-day by Henry Davis, a colored
farther on Ink Bayou.
ST. LOUIS, Mo-. July M-Gen. Sherman
arrived here to-day from the West, and will
leave for Washington on Tuesday next
C1NcIsNAT1. O., July A.-At preliminary
hearing to day Of the charges against the
members Of the firm Of Chrfsty, Cobb d Co.,
who are accused Of issuing fraudulent ware
house receipts, a. c. Cobb was" DISCHARGED,
the testimony showing he had no part In the
, 1880-07-25

CoLUsmUs, O., July ..A.-The mining
troubles in the Hooking, Shawnee, Straits
Vile, and Sunday Creek regions are still I'M
settled. Operators in this city state that they
will not pay more than 80 cents per ton, while
the miners want 10 cents as a compromise.
The miners will hold meeting Monday,
after which there may be change. No
trouble is anticipated at present Several Of
the mines have been shut down.
, 1880-07-25
AQUATIC.

Special DHpdtch to The Chicago Tftburs.
EAST SAGINAW, Mich, July IA pro-
fessional scull race took place at Bay City
this afternoon over the amateur regatta
course, for a citizens purse of S4o0, between
James II. Riley, of Saratoga, George ". Lee,
OF New York, and Fred Plaisted, Of Boston,
a mile and half and turn. Riley won the
race, Lee close second. Riley's time was
22:25; Lees, % :2S; AMI Plaisted, $500,
, 1880-07-25

New YoaK, July 2-:Arrtved-The Mi
nerva, from London.
LIVERPOOL, July 24.-Ariyed-The Bava-
rian, from Boston. :.
QUEENSTOWN, July M.-AHiyed-The
Adriatic, from New York.
LONDON, July 24.-Stealnships Amerique
and Nevada, from New York, have arrived
out. 80 =:
, 1880-07-25

Over $4,000 Howe scales sold. Borden, 6elleck
& Co., Agents, 81 Lake street.
, 1880-07-25

Buck t. Rayner's Moth Powder destroys roach
es, teas, flies, and bedbugs.
, 1880-07-25

THE "SttUR1AN" SPRING WATER,
Of Waukesna, is so pure as to be safe for in
fants, yet it is powerful enough to cure the most
obstinate OF kidney diseases. The "Siiurian" is
sold wholesale and retail by Buck s Rayner, the
druggists
, 1880-07-25

Times: Our highest artists in dentistry: The
McChesney's beyond doubt, though but IS set-