davidaulloa/AmericanStories huggingface dataset:
The herald., 1897-01-12
FOR STEALING A COW.
The Hide Of the Stolen Animal in Evil
G,alce

Tillio Luchette, a young Frenchman,
was yesterday convicted in department
ore of the superior court of stealing d
COW. The case consumed most of the
day. The skin of the defunct animal
was in court as strong witness against
the accused The word strong" is used
adNisediy, for it was strong, and De-
putty Sheriff Marsh will remember the
smell thereof to his dying day, for he
had to lug it in and out of court.
IT was shown that Luchette had taken
the COW and sold it to Sentous, the
butcher for $40. The hide was afterwari
found in the slaughter house, and in
court yesterday was identified by the
former owners of the COW. Luchette
claimed in his own defense that in the
sale of the COW TO Sentous ne was only
acting as agent for a friend of his, a ta-
male man named Joe Roberts, who is
now conveniently absent The attorney
for the defense. H. II. Appel, undertook
to create the impression that Sentous
thought he was buying stolen property
and made a bargain in the purchase of
the COW
The jury required only few minutes
TO find a verdict of guilty, and the de-
fendant will be sentenced Thursday
morning.
The herald., 1897-01-12
ALMOST GOT AWAY.
A Pair Of Alleged Cattle Thieves From
Calabasas

Francisco Rodriguez and Lariso Ri
sanos. a brace of Mexcans, charged
with stealing cattle and hogs UP in the
Ca iabasas country, came near being
given their liberty vest erGay, all through
the criminality of Everett, the abscond-
ing police clerk. The attorney for the
two accused men, II. H Appel, in, lie
partment one of the superior court yes
terday moved to dismiss the complaint
against the two men, as the informant tions
had not been filed against them within
the legal time
1t was shown that the delay was charg-
able to the neglect of the ex-clerk If
Justice Morrisons court, w w Ever
ett As the law had not been complied
with, the court had no recourse but -
dismiss the charges against the sus-
poets, but, on motion Of Deputy District
Attorney McComas the defendants were
detained for further examination.
Calabasas citizens ella i'm that since
these men have been il jail there is no
more cattle stealing in their neighbor-
hood, and every effort will be made to
keep Rodriguez and Bisanos under dur
ance.
The herald., 1897-01-12
in such case become a veritable City Of
SAW THE POINT FINALLY

A man said. when 1 was a young
chap could use coffee and tobacco
without their troubling me, but as
get along In years they both distress me.
l quit tobacco. but only got little bet
ter; liver, stomach and bowels kept all
out Of gear, until finally my old doctor
told me that coffee had the same poison
Gus alkaloids as tobacco, but not quite
SO many and advised me to leave 1t of
and give nature a chance to build up.
l didn't take much stock In the old mans
advice, but found out by trying 1t that
he was Just right. Still l missed my hot
drink at breakfast and supper-tried
chocolate. but that lacks the taste 1 like,
and tea don't exactly go to THE spot
Lately l have been drinking Postum
Cereal Food Coffee and like 1t better
than the old coffee. 1t has that pun
gent taste that fits my notion of a hot
drink. and IT agrees with me we'll
enough that l have put on 10 pounds
in a month. 1t is made of grains wholly.
and brews deep. rich color like the fin
est Mocha. Wife buys 1t at the gro
Gerry and says it costs about one third
what coffee used to-" 1t comes from
Battle Creek, Mich.
DR.. Henry Venne. 90 Blue Island ave-.
Chicago, says: THE Postum has been
tested and found to be excellent"
The herald., 1897-01-12
SPECIAL ANNOUNCEMENT.

Since October 10. 1896. we have been
advertising a Retiring From Business
sale. In so doing 1t was our intention
to close out our entire business A desire
for q much-needled rest and a change
from the close confinement Of the retail
business was the cause of the above in
tention. 1t was very gratifying to hear
the expressions of,regret from all sides.
and heartily appreciate the friendship
and loyalty of hundreds of our patrons.
Finding 1t impossible to dispose of our
valuable plant for what 1t should bring,
on account of the general reluctance OF
capital to take hold of any enterprise at
present, our company has been reorgan-
ICED and reinforced. Our business will
be continued in full force as heretofore,
and will maintain It's splendid reputation
for square dealing, strictly reliable
goods. lowest prices and its own peculiar
attractions as a homo store for bargain
values.
Our stock. which Is as complete as any
at this time of year. is being replenished d
for the spring with the best that Amer
lean and European markets can afford
Fixen & Co., 1856 South Spring street.
The herald., 1897-01-12
A CALABASAS CATTLE CASE
How the Accused Men Almost Escaped
the Law
A Pair Of JoviaI Black Boys Get 10 Trouble
and are Sent Up
Soldiers Home Official Indicted-The
County Fee Bill Decision-A Park
hurst Case Appealed-Figuer-
oa Street Improvement

A peculiar turn was yesterday given
TO the litigation between Mrs Myers and
the Bankers Life association. 1t Will
be remembered that Mrs. Myers sued
the Bankers Life association for life
insurance policy that had been issued to
her husband. The plaintiff in that case.
which was tried before jury in depart
ment five of the superior court, Judge
Shaw presiding. claimed that by fraud
ulent representations she had been in
duced to assign her claim to the insur-
ance detective, A. B. Lawson. for the
sum of 500, being coerced into so doing
by threats OF the detective, who was
paid $4,000 by the insurance company for
playing the trick on the widow. The jury
believed that the late Mr.. Myers had not
deceived the insurance company, and
that the widow had been defrauded by
the detective, who Is now dead. and
gave judgment foe the plaintiff in sum
aggregate something like $500.
Another cause bearing on this matter
was tried before Judge Shaw without a
jury. AS the jury trial involved only
the validity Of the widows claim on the
insurance company, the trial before the
court was to determine whether or no
Lawson had used fraud in obtaining the
assignment of Mrs. Myers claim to him
for the sum of 500.
Judge Shaw yesterday decided this
case The judge finds that the assign
ment was not secured by fraud, and, in
effect, that when Mrs Myers assigned
the policy to Lawson she believed il to
be worth no more than s100, and she was
glad to get off SO well.
The decision of Judge Shaw nullifies
the judgment Of the jury, and puts on
record a very interesting matter in liti-
ration.
The herald., 1897-01-12
CHEERFUL ROBBERS.
A Pair of Black Boys Begged to Go t.
Prison.

No time was lost yesterday in dealing
out law and justice to q pair of young
but very black men who collectively
possessed but three legs-James Brown
and Martin Carroll Informations were
filed during the morning In department
one charging the black boys with the
robbery of one William Reeder a white
man, and at noon the prisoners appeared
before Judge Smith and pleaded guilty,
preferring a request to be sent to Fol-
SOM The boys on Christmas morning
about o'clock found Reeder lying drunk
on the sidewalk on Alameda street, near
First. The mans watch was out of his
pocket and the young fellows took 1t,
together with S. in coin which they
found in his pockets.
Both the fellows admitted the guilt,
but the peg-legged one put the blame
on his two-legged companion.
The courts attempt to give the fell
lows a solemn lecture on the enormity
of their crime was spoiled by the levity
of the prisoners, who continued their
jolly good nature after they had each
been given three years at Folsom.
The herald., 1897-01-12
TO FoREcLosE ON A NOTE.
Suit Against Stevenson Transferred to
the Federal Court.

The suit of the National bank Of Cal
ifornia, at Los Angeles. against John
B. Stevenson, jr.. to foreclose on collat-
eral security given for the payment
of a note for $4,000. given by the de-
fendant 20 John NJ. c. Marble and sold
to the plaintiff, was, on petition of the
defendant, transferred from the supe-
ror court to the United States circuit
court. The suit was filed in the office
of the United States court yesterday.
Plaintiff alleges that on the 29th of No
vember, 1895, the defendant made a
note for $4,000 to John NJ. c. Marble
at per cent, said note being afterward
sold TO the bank.
AS collateral security for the payment
OF this note Stevenson had deposited
promissory note made by the Missouri
Coal and Construction company for
$4,000, payable within five years from
January .. 1893. to John r. Stevenson.
jr., and William ]. Latta. A. defendant
is alleged to have defaulted In the pay
ment of the note. judgment Is asked
against the collateral security
The herald., 1897-01-12
MCDOWELL APPEALS

The appeal of ]. E. Mcdowell from the
Judgment of Police Justice Morrison q
court came before Judge B. N. Smith
yesterday, and the hearing was contin-
ued to the 27th instant. Mcdowell was
one of the victims of the Parkhurst So
ciety's crusade, and one OF the few
against whom a case could be made to
stick. He was found guilty by Justice
Morrison and fined S25. From this he
appeals. 1t is evidently a. test case,
backed up by the liquor dealers for the
appeal will cost Mcdowell more than the
fine imposed upon him. The grounds of
the demand for a new trial are that in
the justice court Mcdowell was denied
q Jury trial
The herald., 1897-01-12
GLASSNER INDICTED.

One of the indictments returned by
the federal grand jury last week was
against Hiram ]. Glassner, commissary
OF the soldiers home. who is charged
with having falsified certain jurats
while he was a notary public at Santa
Monica in 1895. He was arrested by
United States Marshal Covarrubias OF
Saturday night. He IS now out on bal
and will have chance to plead in the
United States circuit court today
The herald., 1897-01-12
sEABORG AGAINST BARHAM.

The case of b. a. Sea borg VS.. Guy Bar
ham for $4,000 damages for trifing with
the affections of the plaintiffs wife came
up on demurrer before Judge Allen in.
department six yesterday having been
transferred from department two. The
demurrer was overruled and defendant
was given ten days to answer.
The herald., 1897-01-12
FIGUERoA STREET PAVING

The firm Of Grant Bros, contractors,
yesterday began suit against a number
of property owners to foreclose a lien
for the improvement of Figueroa street
from Adams to the southern city limits.
The warrant for the contract was orig
inally $4,000, and but a small amount
has been collected. 1t Is this small
amount that the contractors are now
seeking to collect
In the case of Grubbsvs. Carter, Judge
Shaw yesterday ordered a decree in fore
closure for $500.
Judge B. N. Smith yesterday allowed
the motion to admit Chew Wing Cow to
bail in the sum of $1,000
George Slower, charged by his wife
with being possessed of suicidal mania,
will have an examination before Judge
York today
The herald., 1897-01-12
CRIMINAL CASES

In department one yesterday Rosa
Swanson, charged with an assault with
a deadly weapon upon Jesus Weigelt
pleaded not guilty and her trial was set
for February 9th.
L. ]. Laird pleaded not guilty of forg-
cry and his trial was set for February
5th and 9th. +. L. Afford, for obtaining
money by false pretenses was arraigned
and his hearing continued to the 18th.
The herald., 1897-01-12
NEW SUITS

c. W. Hyatt and Mary ]. Hyatt will
sue Jennie It. Satterlee to recover bal
ance due for the sale of a lot about $1204
In the case of Frank p. Foster VS.. Mary
NJ. Havens. the defendant appeals to
the superior court from the judgment Of
a Pomona justice court
National Bank of Pomona VS. j. H.
Graber An appeal by defendant from
judgment given in Pomona justice court
The herald., 1897-01-12

GALT-December 16. 1896, accidentally
drowned from s. s. Britannia. George
Gait, of % Glenalmond Road, Egremont,
Cheshire, England.
MOORE-In this city, January II. 1897,
William Moore, aged 10 years, beloved
husband of Mary f. Moore and father
of Florence and Hansen Moore of this
city.
Funeral from late residnece, second
house east of Central avenue. on north
side of East Washington street. at 10
O'Clock am, Wednesday. January 13. 1897.
Friends and acquaintances invited to at
tend. Interment Rosedale cemetery.
The herald., 1897-01-12
SENT TO HIGHLAND.

Boston Meshler. the insane religious
fanatic who attempted to throw him.
self from a second-story window, was
yesterday examined for insanity in
Judge Aliens chambers and committed
to the Highland asylum. The examn-
ing physicians and every one who made
the attempt failed TO elicit word from
the patient. whose malady was so ap-
parent. The man has long been a famil-
lar figure in this city and in Pasadena.
He is supposed to possess some money,
and Is known to have bank account.
The herald., 1897-01-12
COERT NOTES

In department. four yesterday Judge
Van Dyke issued a decree of foreclosure
in the case of II. H Cobb VS.. f. C. Mon
TITO for $29440.
IN department six in the case of Tisch-
hauser vs.. creditors, the plaintiffs Pc
ttion TO be allowed to set aside a home
stead and personal property was granted.
The herald., 1897-01-12

at the police station by Detective Haw-
ley on charge of petty larceny. Hope
grabbed q cheap hat from in front OF
store on North Main street and ran OH.
but was captured after a chase, ana
handcuffed. He attempted no denial
of the theft, but thought the officer had
engaged In small business arresting him
for stealing so cheap and worthless an
article.
The herald., 1897-01-12
DOUBLE ASSIGNEE

In department six yesterday L. D. c.
Gray was appointed assignee in the
case Of Freeberg VS.. creditors. and in de-
partment five he was MADE assignee in
the case of Nickel VS.. creditors, with
bond Of $4,000
The herald., 1897-01-12
NEW INFORMATIONs

lnformatiors are filed against Pablo
Rechero Tor assault with intent to mur-
der; Alfred Gallard for petty larceny, with
rior conviction, and Edward Hesse for
passing fictitious checks.
The herald., 1897-01-12
Our Hon1a Brew

Mailer & Zobeleins lager. fresh from their
brewery. on draught in all the principal
saloons; delivered promptly in bottle or
kegs. Office and brewery. 44o Also street;
telephone 81.
The herald., 1897-01-12
TO SEE SOUTHERN CALIFORNIA

Go around the Kite-Shaped track. OBJ
servation buffet car leaves Los Angeles
S a. M, returning at 6 p. m, stopping
over at Eedlands and Riverside for
sightseeing. Particulars at Santa Fe
ticket office.
The herald., 1897-01-12
THE SIGHT TO SEE

A trip around the Kite-Shaped Track
Observa ton buffet car leaves Los Ange-
les at 8 m, returning a sos pm. A stop
is made at Redlands and Riverside for
sightseeing. Particulars at Santa Fe
ticket Offices
The herald., 1897-01-12
PETTY THIEF ARRESTED

Jimmy Hope, disreputable looking
Fellow VINO was under the influence of
liquor, at $50 Last evening was booked
The herald., 1897-01-12

Hawley. King & Co.. cor. Fifth st. and
Broadway.age genuine Columbus Buggy
company buggies and bicycles.
The herald., 1897-01-12

Everything on wheels. Hawley, King &
Co.. cor. Fifth street and Broadway.
The herald., 1897-01-12

For Riverside, San Bernardino and Red
lands leave Los Angeles a. m, S:55 q.
m 1915 a. M, p. m. For San Diego
SIT a. M, p. m. For Santa Ana, S:17
a. m D. M. D. m.
The herald., 1897-01-12

On the trip over the Surf Line to Sal
Diego and Coronado beach. Excursion
tickets. Particulars at Santa Fe office
The herald., 1897-01-12
KIEFER & CO.

Proprietors Pacific Wine Co., estab-
lished 1873, removed to ia West Third
street, between Spring and Main. Wines
and liquors. Wholesale and family trade
only
The herald., 1897-01-12

Largest variety Concord business wagons
and top delivery wagons. Hawley. King &
The herald., 1897-01-12
DEATHS

ls9S-l9 lbs. Keatings-''365 days akead OF
them all" Hawley. King g. Co.
The herald., 1897-01-12
TO FRANK ROUGEY.

If this gentleman will call at the
business office of The Herald. he will
hear something greatly TO his advantage.
The herald., 1897-01-12

Singers and Artists generally are users
of Browns Bronchial Troches" for
hoarseness and Throat Troubles. They
afford instant relief.
The herald., 1897-01-12
THE MOST BEAUTIFUL PLACE

In California is San Diego and Coronado
Beach; a perfect climate. Trains leave
ct S:17 am. and m.
The herald., 1897-01-12

Beware of the fraudulent limitations
of the original Postum Cereal Grain Cof-
fee. Insist on Postum.
The herald., 1897-01-12

of compensation which the of1cer shall
receive for the performance Of the du-
ties of his office. The judgment is af-
firmed"
The herald., 1897-01-12
.IOTTINGS

All prices Of wallpaper greatly reduced.
A. A. Eckstrem. S24 South Spring street.
The herald., 1897-01-12

To Cure Cold In One Day
Take Laxative Bromo Quirine Tablets
All druggists refund the money if it
fails to cure. 25c.
The herald., 1897-01-12
SANTA FE TRAINS

All prices Of wallpaper greatly reduced.
A. A. Eckstrom. 1924 South Spring street
The herald., 1897-01-12

RoRECAsT-Fcr Southern California; Unset
tied weather and probably rain Tuesdayi iresn
sasterly winds.
The herald., 1897-01-12

SIXTY MILES ALONG THE BEACH
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1897-07-01

"A new line of picture mould
ings, big assortment just received
at f. E. Bugbee's bicycle store.
The Champion house is one
of the most popular boarding
houses in the city, especially so
for railroad men. Try it. A
gooI square meal for % cents.
Pleasant rooms. Cheap weekly
board. One block south of the
Methodist church.
A complete stock of fresh
flower and garden seeds just re-
ceived by Martinot's French
Bakery.
Fine Florida pine apples at
TrOXlerS.
-Borated talcum powder at
the Anti-Monopoly drug store for
IA cents box.
-ArmStead chill tonic at the
Autobiography drug store.
To Cure a Cold in One Day
Take Laxative Bromo-Quinine
Tablets. All druggists refund
the money if it fails to cure. CSC.
Look Here. Another big lot
of whiteware. Plates, csc, sec,
SEC set; large coffee cups and sau-
GERS, 4Oc set; bakers, &c, Sc, 1Oc,
l3c; bowls, sc, &c, &c, Sc, 1Oc;
chambers, zoc,. &c, SOC; meat
dishes, &c, 1Oc, 15c, CSC; bowl and
pitcher, e5C5 pitcher, SIC; naples,
SC, 1Oc, 12c, 15c; pitchers, l2c, 15c,
25c. Cheapest dishes in Florida
at the Racket.
Crash suits, So each, at II.
B. Masters.
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1897-07-01
OCALA OCCURRENCES
General and Personal Items of Interest
About the City and
Vicinity
r. r. Carroll. City Editor.
White vests at Masters.

NeXD MOuudy ID IulC ud
j. I'll. Burchell is in Tallahas-
see on business.
-Children's wash waists at
Masters from 81 suit up.
Mr.. Chambliss will return from
his visit to Georgia Saturday.
Crash suits S. each at Mas
tiers.
J. e. O'Hearn of Lexington, is
in the city.
Linen pants at s1.2o per pair
at Masters.
M. A. Reich of Savannah, is in
the city.
s4.-Ponger silk coats and vests
at issastefs,
E. b. WK ldon, of st. Peters
burg, the wei known hotel man,
is in town for few days.
"A fine supply of lines at
Troxlers.
i Capt. w. B. Denham and j. S.
Jolly, of the Plant System, were
n town yesterday.
-Children's sailor hats at Mas
5ers.
DR.. Hoods aged father, whose
lome is at Fort Pierce, is visiting
he doctor for a few weeks.
Spring suits at bargains at
dasters.
Hoods pills cure nausea, sick
headache, indigestion, biliousness.
All druggists. CSC.
! -Alapaca coats ard vests, all
qualities at Masters.
Mrs. w. L. Ditto went to Nc
Intosh yesterday where she will
visit friends for few days.
just received, new line of
lady's muslin underwear at G..
Rheinauer's.
Mrs. Sarah Harris, of Pana-
sotfkee, is visiting her nephew
and niece, Mr.. and Mrs. f. E.
Harris.
All of the popular drinks on
draught at the big fountain of
the Postolfice drug store.
j. r. Williams leaves tomor-
row for Sumter, S. c.. to spend
a month with friends at his old
home.
-Negligee shirts at Masters,
all prices and styles.
Buy your groceries and garden
seeds from j. B. Sutton, % Ex-
pooiDiOlI oUI ecu. l. IICCo ~" GU.
Goods the best.
Mrs. Robert Clark, of Anita,
passed through Ocala Wednesday
on her way to Welshton to visit
her mother, Mrs. Captain Welsh.
Forty pieces of new handsome
!. organdies just received at Rhein-
aurer's 10 25cts per yd.
= Yesterdays shower refreshed
vegetation and put new life into
everything of both the animal
andsyegetable kingdom.
] When bilious or ccstive. eat a
]. Cascaret. candy cathartic, cure
! guaranteed, Ioc, 25c.
W. T. Smoak, whose life was
I dispaired of a few days ago, has
n taken a turn for the better and
the doctors say he is entirely out
Z of danger.
Wise men know it is folly to
build on poor foundation. Re-
lief obtained by deadening symp-
toms is short. Hoods Sarsapar-
lila cures and gives lasting health.
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1897-07-01

EENDER AND BY VIRTUE OF AN EN-
~ eCution issued cut OF and under the seal of
the circuit court in ami for Marion county, Flor
ida, In matter wherein Oscar q. DIN is plain
tn and the Standard Soft Phosphate Mining
Company, corporation under the laws OF N,T-
ginia, Is defendant, have levied upon and will
Monday, the 9Th day Of July, A. ID. 1897
the ssre being legal sale day, sell to the high
ct = bidder for cash the lands described I'm
1 5lsr,s sdvsrtifSement being in Marion county,
Ocala, Florida during the 'ega hours OF sale; the
other property in tins advertisement will be sold
at the mines OF the Standard Soft PhosI hate
Mining Company in Marion county. Florida, or
the said 5th day of July, a. d., 1897, during the
rgal hours OF sale, 10 highest and best bidder for
cash:
Let soft phosphate in bags, ten dump buckets,
pair scales and oil tanR. fifteen buckets for chain
or washers and ali shafing piping and attach,
mentS thereto, one Smith and Vail steam pump
in well and all attachments to said pump and pip
ing connected with said steam pump water tank
and piping attached to il and all lumber forming
support Tor said tanSi three dump cars, one
cellaneous tools comprising Gle plate and lot
iron, sprocket chain; one windlaSS spool, two
boilers obous thirty and thirty five horse power
Company, Coriath. Mass, and all connections
and attachments to Ssid boilers, all brick around
said boilers, one ". I. Adams engine, estimated
about twenty FIVE horse power, and all attach
meniS to said engine; one small engine OF about
ten horse power and all attachments to it; one
tachments to it, brick around d yer, one grinder
or disintegrator for phosphate and all conneC-
tons thereto pair of scales two trucks, all wood
in building. lot soft phosphate. one wnilass
drum and fixtures four tram car tia's, three smoke
stacks, LOT railroad iron spur track running
from plant Of STANDARD Soft Phosphate Mining
Company to Plant System Railway, nd all belt
ing. shattirg. pulleYs in buildings IT said liant
and the following real estate III Marion coanty,
Fla, viz:
Sc quarter Of NV quarter and half Of ne quar-
ter sec IS. tn - $, TAI east-I2O acres.
y so half of NV quarter, sec n, tip II :, 81
ESQ acres.
Also NV quarter Of NV quarter, sec ~, tD u S.
e-Ao acres.
Also sw quarter Of NV quarter. sec ~, tp u s,
II go acres.
And Sw quar- Of quarter and nv quarter CT
Sc quarter ut SEC 70. tPISS. 2le-So acres.
Also parcel Of land commencing 81, feet south
from the NV corner OF NV quarter of quarter
of sec 20, tip - (. ~ g. thence south Az feet,
thence east 56I feet, thence west IS degrees, north
US feet to point OF ginning, containing 81
acres.
Sold TO satisfy said execution end cost.
Is. DUPRE HODGE,,
Sheriff Marion county, Florida.
K. b. BULLOCK,
Plaintiffs Attorney.
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1897-07-01

Hotels, halls, churches, lodges, etc. ST ecia
rates
9th. 1t is further understood and agreed by and
may be assumed and shall be binding upon their
successors and assigns
9TH. This contract shall not be final and bind
ing upon the Company until approved bv the
Chairman of ITS Local Companies COMMITTEE.
In WITNESS WHEREOF. saii City has caused
this greement to be executed in its behalf by its
Mayor aud attes:ed by its Clerk, and its Con- o.
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1897-07-01
, SHERIFFS' SALE.

FENDER AND By VIRTUE OF AN EN-
~ eCution issued cut OF and under the seal of
the circuit court in ami for Marion county, Flor
TIN and the Standard Soft Phosphate Mining
Company, corporation under the laws OF Vif-
ginia, IS defendant, have levied upon and will