davidaulloa/AmericanStories huggingface dataset:
Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1882-10-12

A~~o>~
WHEREAS, James Null and others, citi
zens OF Frederick County. after having Civ
on thirty days notice Of their intention I"
do 90, a. required BY law, have pe,itioned
the County Commissioners Of Frederick
County to locate and orsn public
road, or roads, commencing for the
same At Hunting Creek, At or near the
residence Of Upton Guisbert and run
ming through the land Of said Guis
bert, 10 interssct the private road at
or near Friendship School House, now
running through the land Of Mrs. E.
| G. Hill, thence to follow bed Of said
private road running through the
land Of Mrs. E, G. Hill to apoint at
or near a gate (Fsrm) leading thro'
the farm Of George Graham, thence a
straight line througbthe land Of Mrs.
e. G. Hill and Miss SHOOK to the line
fence Of Cornelius Derr and Ephraim
Myers, thence through the land of
said Myers, to intersect county road
| leadiDg toe agsrstown. Said James
Null and others have likewise petit
toned the County Commissioners of
Frederick County to open and locate
a Public Road, beginning at the Ooun-
" Road leading to Creagerstown at
tho Inns fence Of Cornelius Derr and
Ephrairn Mysrs, running through the
land 81 said Myers on said linz. thence
through the land Of Frederick Hanksy
to intersect County Road leading
from aMonocacy Bridge to Hunting
Creek. Said Road or Roads to be not
less than thirty (3O) test wide, in com:
pliance with the Act Of the General
Assembly Of Maryland in such cases
made and provided.
Notice is hereby given to all Per.
sons and parties concerned, and to the
public that we, the undersigned ex-
m ners will meet,at the place Of be-
ginning on Saturday, the 2lst day Of
October, 1882, at 10 O'Clock, A. M i
and will proceed to examine and de
termine whether or not the public con.
venience requires that the said Road
or Roads should be located and open
cd, and if upon examination We should
be of opinion, and 80 determine in ou'
judgment that the public convenience
requires that said Road or Roads
should be located and opened, we vii
proceed to locate and open the same
agreeable to said commission and t'lt
| Code of Public General Laws, in ~ It
case made and provided, and willie IN
tinue in the execution Of said IN
mission from day to day if ne,es ar
until tho same shall have been vi
completed. &< "a
VIM. J. Black,
Jacob Martin, Exar il re-
George w, Ogle,
Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1882-10-12
ESTEsAY NOTICE

sept. 2S3t4
Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1882-10-12

state Of Maryland Fredertrh Comfy to wit:
| hereby Certify that WIN. j. Black OF
Frederick County brought before me the
subscriber one Of the justices of the Peace
In and for the said County this 27th dav 81
Sept. 1889 as an esray tresspassing upon
his Enclosures red steer (horncd) with
white face and tail and about eighteen
months old.
Given under my hand. ''-'@
FRED'K WHITE, J. p.
The owner of the above described prop.
ertv is requested to prove property pay
charges and take him away.
VIM. j. BLACK
Living on the road between Graceham and
Mechanicstown Sept. % At
Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1882-10-12
Commissioners Nee tirg
Town Property
AT PRIVATE SALE /.

The undersigned offers for sale his de-
sirable property on West Main street, Me
cllanicstoW II. 1t consists of TWO ACRES
# ground improved with a two story
dwelling house, containing seven rooms,
cellar and basement. There is a good sta
Pile, hog pen. woodshed. spring hoa.e, bake
oven and other outbuildiugS, under good
fencing and young orchard OF good fruit.
A lao lot Of ground containing FOUR
ACRES, of good quality and IN tine c"ndi.
ton. lying about 800 yards north of the
above described property.
These properties will he sold separately
or together. Terms Cash.
oct, 5tf DAVID CO.. Err.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-05-27
The Home of the Correct.

Bavaria has been called the ho1ne 0f the
corset, and although England, France, Ger
many and America are manufacturing them
largely. Bavaria still holds her own in the
market. There were imported to this
country in 1881 about $4,000 dozen cor
sets. valued at not less thAa So per dozen,
and over $4,000 dozen a an average value
of 50 per dozen. Ca these there was levied
and collected duty of S1S7 500, or about
thirty-five per ceAt The cost price of the
best quality landedl N this country was 4
fraction less than sevehty-fve cents per
corset. which, addiAg the duty, made the
cost over 81 eaaA- One-third of the total
value of all the exports of Wiirtemberg To
the United States since 1865 has been in
woven corseis.
The total annual production in 1880 of
corsets IN the kingdom was l,250, 600, val
ued. a. S750,000 and requiring 10000
pounds Of GOTTEN yarn. The industry re
quires sixteen distinct processes in the
change of the raw material 10 the finished
corset. There are the weaving. cutting ouI,
stitching, stamping, embroidering, insertion
of whalebones, punching eyelet holes, wash
ing, starching, shaping, ironing, eyelsbinee,
clasping, measuring and boxing. In the
manufacture of these goods 700 hzRa
looms and 1890 persons are employed.
About 200 are male weavers All the
work except the weaving is done by female
operatives at home Following the close
of the late war the export of corsets to the
United States, which had been about $3.50,
600 year, rapidly increased in 1866 to
1886, 900, and in 1872 to S1,119,000, but
since then declined to S317 900 in 1880,
and rose again in 1881 to s500,000.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-05-27
Some Things Money Can't Buy.

Some boys and girls have an idea that
money can do almost anything. but this l.
great mistake Money, it i true, can do
a great deal, but it cannot do everything
| could name YOU thousand things it can
not buy. Ii was meant for good, and ii Is
a good thing to have, eus all this depends
on how il i used If used wrongly. il Is
an injury rather than benefit Beyond
all doubt. however, there are many things
better than it is, and which II cannot pur-
chase, no matter how much We have Of IL.
If a man has not good education. all his
money cannot buy il for him. He can
scarcely ever make up his early waste Of
opportunities. He may say, as | have
heard men say Il would give all have #
| only had a good education and a we'll
trained mind \ but he win say il in vain
His money alone cannot obtain IL
Neither viii wealth itself give man or
a woman good manners Nothing, next to
good health is of more Importance than
easy, peaceful, self-possessed manners
But they can't be had for mere money
A man who Is what is called ''shoddy,
who has no taste and correct manners, will
never buy them, though he would. no doubt,
like them They are not to be had in the
market. They are nowhere for sale. You
might as well try and buy the sky, or clouds,
OF sunbeams-
Money can't purchase good conscience
If poor man, or boy, or a girl-any or !,
has a clear conscience, that gives of /,
tone ike sound bell when touched i'll
the hammer, then be sure he Is vastly n che,
than the millionaire who does not p s~esi
such a conscience Good pTincipl = ar,
better than gold. All the gold of Go lcandi
couldn't buy them for man who hash
them already.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-05-27
A Substitute for Lard.

An industry that will be worth millions to
the late impoverished South is now rapidly
developing in and around Memphis This
is the establishment of cotton seed oil fac
tories, the chief of which is the Pamela
Manufacturing Company. Cotton seed
heretofore have been thrown away as worth
less; now the oil extracted from them is
purified and introduced into common use as
a substitute for lard We have tested it in
our family, and find that for pastry, pud-
dings. pound cake, beefsteak, oysters and
scale-fsh, it answers all the purposes of lard
1t is sweet, pure and palatable. In Mem
phis and other Southern cities, hotel keep
ers, proprietors of cafes and private FAM
lies. bear cheerful testimony to its excellent
qualities. 1t is sold at 20 cents per gallon
and it never grows strong or rancid.--MeS-
phis paper.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-05-27
English sparrows.

Much has been written and published,
pro and con, concerning the Introduction OF
the English sparrow from the Eastern to
the Western Continent-the common spar
row Passer (Fringilla) domestica, bird
found in all parts of Europe. 1t is claimed
for the English sparrow that pair will de
stroy 1000 caterpillars weekly to feed a
brood of their young. But they are as
soBglcss as they arc devoid of beauty Of
form or plumagc. In Warwickshirc at the
present day considerable sum is paid an
nuaIly by the parish in one district for killing
sparrows because they injure the farmer, as
reported. So much is paid for sparrow
heads
Sparrows, as everybody knows here, have
become very numerous, and so they have
almost everywhere in the Northern States
and in Canada, and probably in the West,
and so far as we know in the South. When
the sparrows were first introduced here
they had the reputation of being great de
stroyers of worms and insects. But 1t Is
found that they feed ON grain in preference
to insects and their larvae, and, therefore,
their rapid increase begins to be looked upon
with some degree of alarm by farmers and
gardeners. We request readers to send any
special knowledge they may have acquired,
either bv observation or experience, relative
to the English sparrow, as it is called IN the
United States What we we wish to ascer-
tain is, has the English sparrow proved a
desirable addition to our list Of birds, or Is 1t
the worthless thief and quarrelsome bully
that many observers believe IT to be. The
following letters from Profs. c. A. Goes
man and J j II. Gregory give some inter
esting facts bearing on this matter:
Mr.. Gregory writes in answer to in
ouiries relative to the sentiment in England
concerning the English sparrows. | would
saw that while there few years since was
asked by an intelligent lady if it was true
that the Americans had introduced them
into their country; and on replying in the
affirmative she expressed great surprise,
SAYING that they were the greatest nuisance
they had in their grain fields that her
husband estimated that his annual loss
would average fl00 (S500) yearly, and
unless with change OF climate they utterly
change their habits, We Americans must
bitterly repent the experiment. From what
have gathered from conversation | should
class the sparrows as robber birds, and a
pest and annoyance TO our native birds, and
probably a future source Of vast injury to
the grain fields of the West. Unless some
prompt means be taken to check their in
crease, l am prepared to hear before many
years that they rank with the army wornA
and weevil, causing loss Of millions an
nually in the grain crops of the country
Professor Goessman writes That the
sparrow is universally regarded as a Pes'
and nuisance in Europe Its depredatioRs
on the grain crops are very extensive and
vexatious. - much so, indeed, that for
years, in many parts Of Germany, a bounty
has been offered for their destruction. -
AHserieaa Agricult,ris
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-05-27
co TER TON, CASH,
PAID FOR OAK BARK,
I'M SCnLOsSER TANNERY.

We will pay Nine Dollars per Ton Of $3.50
pounds for 1000 Tons of
L SPANISH OAK BARK,
in coed understandable condition, delivered at
our Tannery. The aboTe price will be paid
until the entire quantity specified Is received.
ANY reports during the season that We have
Stopped Buving are not entitled to belief.
All persons bringing their Bark to us will re.
eeive the above price and just weights for all
they bring during the months Of May, June
and July. We will buy Black Oak Bark
from parties bringing us their Chestnut and
Spanish Oak Bark paying s. per ton of 2240
pounds. Bring your Bark TO the Sehiosser
Yard and receive the above Cash Price.
ENGLAND Il BRYAN, Prop'rs.
JAS. 5. BAER, Superintendent Sehlosser
Tannery. APP l5-st
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-05-27

Il am one of the superintendents here,
and my brothers are the others, remarked
ex-Postmaster-General Jewell to visitor
to his great leather betting mandatory at
Hartford the other day. 1--WE are all prac-
teal in this business; we are tanners by
trade. l can put ON an apron and do any
work in our factory, from the currying Of
leather to the finishing of belt !"
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-05-27

Never believe i'll of friend; if you hear
anything that concerns you goto him in kind
ness, doubtless the matter can be explained
to your mutual satisfaction. 1t is an old
adage, stories never lose by travelling, +"
and evil-minded or thoughtless persons may
do much harm by exaggeration and repeti-
ton.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-05-27
DAINTING AND DRAWING.

Pupils desired in Drawing, also Oil and
China Painting. China Painting done to Or
der. MISS MARY c. SMITH,
Rectory of Ascension Church.
oct off Westminster, Nd.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-05-27
WE CLAIM THE
" BEST PORTABLE MILL

w DFN 7 7 VIt -ADI4I4 N II
Made for grinding good Corn Meal for table
use. 1t requires little dressing. Grinds from
1900 to 2000 bushels with one dressing. 1t
makes round meal, not houry and pasty. Ii
takes from 20 to 80 per cent. less power than
anv other mill not using our Stones. Address
NORTH CAROLINA MILL STONE CO.,
Westminster, Md.
Il have a pair of Moore County Grit Mill
Stones which have been in use so years con
stantly. under heavy power. Grind 10 to 20
bushels per hour. Dress every 25O0 bushels,
and they make the best meal in the county:
If | could not replace them with same grit
would not part with them for five times the
cost of ordinary stones. believe them to be
superior to any known stone or burr for grind
ing corn meal. Respectfully yours,
GEORGE X. TATE,
nov IL MOuntain Lake, n. c"
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-05-27
DnLINGsLEA & BAUGHMAN.
DENTISTS.
u1s.ag Oaz Dugr Heat ~ fAg aiaH NaffaHal
Rrak, HrssstiaefsF. M
IN - II leIlouiI.-s -.

VIII visil the following plsevs:
JaIoa Bri.igs LIT "Wednesday and FRIDAY
faiiosing Of each month.
Nee H-fasis.iy I'd "Wednesday and Friday
f1llowins q each month.
I'siosf9srH. --sr,i Wednesday and Friday
fillowing Of each mOnlh.
Falssqf0s-gi- ~ The last "Wednesday and FRI
day folioWinE uf each mangh.
eue ~ shg arm can always be found in the
oeicp. nov i2-u
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-05-27
Matchmaker and Jewele.
Rockford Quick Tram Watch.
VARIOUS CAUSES

VARIOUS CAUSES
' Advancing years, care, sickness, disap-
pointment and hereditary predisposition-all
operate to turn the hair gray, and either of
them inclines it to shed prematurely. AYERS
HAIR VIGoR will restore faded or gray, light
or red hair to a rich brown or deep black, as
may be desired. 1t softens and cleanses the
scalp, giving it a healthy action. 1t removes
and cures dandruff and humors. By its use
falling hair is checked, and a new growth will
be produced in all cases where the follicles are
not destroyed or the glands decayed. Its eff
fects are beautifully shown on brashy, weak or
sickIy hair on which few applications will
produce the gloss aud freshness of youth.
Harmless and sure in its results, it is incom-
parable as dressing, and is especially valued
for the soft lustre and richness of tone it inn
parts.
AYERS HAIR VIGoR is colorless; contains
neither oil nor dye; and will not soil or color
white cambric yet it lasts long ON the hair,
and keeps it fresh and vigorous, imparting an
agreeable perfume.
For sale by all druggists.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-05-27
. p NORMENT

ID B. NORMENT,
hs ATTORNEY AT LAW.
Office with Hon Charles b. Roberts, opposite
the Court House. respectfully informs the
citizens of Carroll and adjoining counties that
he viii give prompt attention to all business
ntrusted to him, both before the Courts of
this State and the Departments of the Gen
eral Government at Washington, d. c.
ian 1. 1878.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-05-27
CHARLES B. ROBERTS,

\ ATTORNEY At LAW AND
SOLICITOR IN CHANCERY
Office directly opposite the Court House,
Westminster. Nd trb l4.tf
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-05-27
A FREDERICK COUNTY FARM
"A FOR SALE.


At Private Sale, on the Western Maryland
Railroad, lying Immediately on the road, at
Loy's Station, two miles east of Graceham,
in Frederick comfy, very desirable grain
and stock farm, containing 2lS ACRES,
all under cultivation, except about 20 acres
of good Woodland. The farm is first-elass
''red land with between 80 and 40 acres of
rich bottom land on Owens Creek, adjoining
a good Touring mill, blacksmith shop, and
convenient to stores, churches and schools
There is large orchard of apples, pears,
peaches and cherries. The buildings are a
good rough-cast log house, a A NSA-N
complete bank barn nearly new, &19I{AzH
and other outbuildings suitable q Il -
for such farm. Water near
the door by two substantial wells with pumps
and water for the stock at the mill-race-
Outside fences ali post and rail, all fencing in
good repair A portion of the land recently
lined and lime kiln at Logs Station.
This place is admirably suited for dairy
farm, being within 81 hours run of Baltimore.
The society of the neighborhood is good and
the locality healthy. The purchaser can also
buy the farm stock and growing crops, and
have possession April LIST, 1882.
Terms easy. Call on or address
G.. j. SIGMUND,
ian 2s-6m Mechanicstown, Md.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-05-27
JAS. A. c. BOND.
CHAS. T. RFIFsNIDER. CHARLES Z. FINK.
T AW COMPREHENSIVE.

The undersigned have this day formed Il
co-partnership for the practice of Law in
the several courts of this State under the firm
name of Reifsnider & Fink. All business en-
trusted to our care will receive prompt atten-
ton. Otiice-Main street. adjoining the res
idence of Chas T. Reifsnider.
CHAS. T. REIFSNIDER,
CHARLES +. FINK.
Westminster. Nd. Oct. % 1881. oc -
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-05-27
REMovAL-

Aster December Is, ISL, DE. J. II. Bill
I.INGSt.EA wiil occupy the late residence ~
his father. Main Street. two doors Past Of
Habsr's Drug Store. nov 2,-y
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-05-27
M. PARKE.

JOSEPH M. PARKE,
81 ATTORNEY AT LAW AND
SOLICITOR IN CHANCERY,
viii practice in the various Courts of Carroll
county. ny Special attention given to Or
phans Court business. May be consulted,
for the present ut the office of the Register of
Wills. or at his residence on Court Street,
Westminster, Nd. Jan ) .
A. X. SYESTER. JAS. A. c. BOND.
CYESTER & BOND
- Have associated themselves in the prac-
tee of Law in Carroll county and the several
Courts of this State
Mr. Sycstcr will visit Westminster when
business requires it.
Office ON Main opposite Court street.
ap 10
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-05-27

R-E- When not officially engaged can b.
io,:nd a, ,hr oaice ofG. " Crars'cr, Corner
Coart aad Main Streets. Westminster, Nd
april l5-a
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-05-27
COACHES, CARRIAGES,
BUGGIEs, JAEGER WAGONsil
PH4ETONS, DC

Special attention given to Repairing. All
orders promptly filed and work Of every kind
warranted.
RsS~ Factory opposite The Montour House,
Main street, Westminster, Nd.
aug SLY
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-05-27
IIIIsttl u IO-13 q M HIEl osO p NJ
EMMITTSBURG R,AILROA4 y.

Trains South will leave EmnIittsburg at > a. m
and $50 D. m. arriving ut Roelgy Ridge ~ 81 a. m.
and 400 p Trains North will leaye Rocky ldge
at 1905 a. M and 6.22 p m arri ring AZ EnlmItn os
1890 a. m, and $50 p m.
BALTIMORE AND CSBGBERLAND Valley K n.
Trains East leave Shippensburg Pa, 800 a H.. anu
and 1.2D and $40 p. m, ChambersbuTg ~ a. ~,
155 and $50 p M, Way nesboro S.ll n. LIS a. "a
6.33 p. m. arriving at Edgemont $50 a. H. and "a
and 6.55 D. Trains West leave EdgenoBl6 45am l
lilo u M and us p. m, Wayne sboro 10 and lil
q. m and 40 p. m, Chamberlain re $50 A. m, ana
12l5 and SO p. m. arriving at 81 lippensburg $50 a.
IN. and 1850 and 9ll0 D. IN.
Through car for Frederick leave 5 Baltimore al 100
p. and leaves Frederick for altiIaoFe at $50 a.
Through cars for Hanover nd Gettysburg ana
points the II. J. H. Il G. R. Z. leave Baltimore
at 955 a.. N. and .3S p.
Orders for Baggage calls can be left at Ticket
Office n Z. corner Baltimore Tmd North streets.
Baltimore time given at all statpl IS
A1-NOte Opening OK b. and G. V. r. X to ship
J.AI. HOOD. G en1. Manager
oct % B. II. GRIswoLD, Ger II, Ticket Agent
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-05-27
X go. M. PEARCE.

IT
VI ATTORNEY AT LAW.
Office on Main street. nearly opposite Court,
in the room formerly occupied by John j.
Baumgartner. deceased. Viii attend prompt
IL and diligently to all business entrusted to
him. july ;, 1879.
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-05-27

Two trains leave Hillen Station Bal nm9re' LOT
Glyndon. (ReiSterstownl at , % and % T. NJ
SUNDAY TRAINS
Going East, will leave Union Bridge for oaltlhoIs
and intermediate Stations at go a. m 4S2 p IA ana
Westminster At SD a. and sos 2. m Go ING west
will leave Baltimore for Union Bridge an a inter
mediate Stations At g. m, and 200 p. m al west
minister at l0.4S q m. and 3.46 p N.
~ Il N
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-05-27
ID z. GROUSE

ID F. GROUSE.
ID. ATTORNEY At LAW.
WESTMINSTER, MD.
Office with Hon. VIM. 7. Naulshy, Opposite
odd Fellows Hall oct Is. lS1,-tf
The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1882-05-27
w l. SEARROOK.

\" i. SEABROOh,
w ATTORNEY AT LAW.
WESTMINSTER. MD.
Office on Court Street July -. ls7a-tf.
Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1882-10-30
NEWS OF THE DAY
10 shoW the uery age and body Of Ire Times "

IL SnoW me very age ana 6ody o. ire Times"
The Bey of Tunis is dead, and sid Ali
Bey, his brother: has assumed power
Mr. Robert Garrett, trst-vice president of
the Baltimore and Ohio Railroad, arrived in
New York from Europe yesterday.
Immediately after the confinement of the
Queen of Spain decree will he issued con-
vcning the Cortcs.
Evidence continues to accumulate us to
Arab Pacha's completely in the pillagc and
burning Of Alexandria. The trial of Arab
will begin i'll L few days
All the strategic points at Lyons, France,
are occupied By French troops. If further
explosions occur. the city will be placed un
der martial law.
The Flint cotton mill at Fall River, Mass
was burned on Saturday. The loss is esti-
mated at $780, 900, on which there is an in
surance of S520,000
Mary Griffin died yesterday evening ut
the University Hospital, Baltimore, and it
is alleged that her death resulted from pun
ishment inflicted by her father some days
ago. She was in i delicate condition, and
gave birth to dead child some hours before
her DEATH
The Baltimore and Ohio Railroad Com
pany have bought the narrow -guagc line
between Pittsburg and Washington, Pa,
known as the Pittsburg Southern. The
purpose is to rebuild part Of it and make
the line standard gauge, and as such to
run their route from Pttsburg to the West.
Services commemorating the conservation
of four bishops fifty years ago were held last
night at st. Paul's Church. New York. The
bishops were Rev. Charles Petit McIlvain,
of Ohio; John Henry Hopkins of Vermont:
George w, Doanc, of New Jersey, and Ben
iamn Bosworth, of Kentucky The latter
Is the sole survivor, but was not present