davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1897-12-10

Gentlemen's SodaIity.
Next Sunday morning, December at 80
mass, the Gentlemen's Sodality attached to 81.
The herald., 1897-12-10
SAM DASS GANG
Wiped Out By Guards Of the Mexican
Service

WApeu Out ny 0udIuS VI tno meX1Cdu
Service -
DENVER, Dec. 9.-News has lust
reached here that of a desperate fight
that occurred near the border of Arizona
and Old Mexico. Three guards of the
Mexican service an done desperate
were killed. The latter was Frank O.
Phallard, one Of Black Jacks gang, and
an outlaw from Texas. whose two
brothers were killed while members Of
Billy the Kids gang.
A few days ago the border guards
learned Of a raid that was designed by
Black Jack to loot town across the
river. A start was made from Leander
Springs and the guards had no difficulty
in finding them.
The two forces met face to face at a
turn In the road. There were eight out
laws against three officers, but the lat
ter opened the attack, with orders for
Hands up" Two of the outlaws turned
their horses for the hills but Phallard
1ismounted, and, drawing his Winches-
ter, opened fire and killed the three Of
ficers, when he fell with a wound In his
side, which proved fatal. In his pocket
was letter from Miss Edith Cunning
ham of Las Vegas, stating that her
brother had just been shot and killed
by Dick Manley at Red River, N. M.
Phallard is the last Of the Sam Dass
gang Of train robbers, who cleaned out
Custer City many years ago. His two
brothers were killed in the Panhandle of
Texas by state rangers.
The herald., 1897-12-10

explanative reasons which caused her
to leave her husband, who Is again to be
tried for his life.
Such was the startling declaration
made by John Scofield of st. Louis to n
Globe man.
Mr.. Schofeld supplemented this
statement further with the positive as
surance that Mrs. Luetgert was at house
No. z. Bulfinch place. for period Of
three or four days during the middle of
July last. He said he based his assur-
ance upon the fact that Mrs. Luetgert,
while in Boston, acknowledged her full
identity, with the assertion that she
left her husband, the Chicago sausage
maker. because of his actions with other
women az well as for reasons she thought
would help him in his financial embar-
rassment in business. He further as
serted that he believed Mrs Luetgert
was still in Boston and that she would
yet be found.
The herald., 1897-12-10
ON THE DIAMOND
Exhibition Players Put Up Gilt
Edge Ball

GO6O 0a44
FRESNO, CAL, Dec. 9.-It took ter
innings to decide the ball game here to-
day between the All-Americas and the
Baltimores. Both teams put up gilt
edge ball, but owing to the cold and
cloudy weather the attendance was
rather small. Frank Chance, Fresno's
star catcher, was behind the bat for the
Baltimores and Bert Hayes. the Repub-
leans left fielder held down that gar
den for the All-Americas. Owing to the
absence of an official scorer no record of
the game was kept Runs by innings:
Baltimore .........0 0 1 o 2.2 0 0 0 1-6
An-Americas ......2 90 0 o 2 0 0 0-5
Batteries-Horton and Chance; Hast
ings and Donahue.
Umpire-Pond.
COLLEGE BOATING
NEW HAVEN, Conn, Dec. 9.-The
is unchanged as a result of the meeting
in Albany yesterday of Captains Whit
ney, Goodrich and Colson, and the crews
of the three universities are no nearer
to or farther from the race than before.
The meeting yesterday was in the ma
ture of talk, and nothing further will
be done until Cornell Is again heard
from.
PIGEON SHOOTING
CHICAGO, Dec. 81. A. r. Elliott of
Kansas City and Fred Gilbert of Spirit
Lake, Iowa, shot to tie In the race for
the Dupont trophy today at Watson's
park. Each dropped SO birds. Elliott ap-
parently had the match, but lost the
flushed" bird at the ninety-fourth
round. He asserted that his second
shell was detective. The shoot-off at
The herald., 1897-12-10
Inrleside Race Entries

The following are the entries and weights
for the races to be run at Ingleside, San
Francisco today. Commissions received
and placed by the Los Angeles Turf club.
Black & Co.. at Agricultural park. Take
Main street cars. Down town office in rear
Of No. 143 South Broadway. First quota
tions received at 1870 o'clock p. M:
First race, seven furlongs, purse-Los
Corrillos. Justine, Pleasanton. Sandow
III, Rufalba. 80; B. and W.. 1G2: Little
Singer. Florimel, Fannie s.. LOG; Woodland
Belle, LII.
Second race. three-quarters of mile,
selling-Chio o.; Montgomery. 104; OCon-
nell. LOG; Lucky Dog 1N.
Third race mile and quarter, purse
;weet Favorable. Collins LOS; Billy Nc
Closkey. 100; Wheel of Fortune. III; sena-
tor Bland, Howard Mann. 1lA
Fourth race one mile, selling-El Puerta,
Bonnie lone, Don Luis. Plan, IS; Pongo, 81;
Yule, 50; Spunwell Fonsavannah. 81; Harry
Gwynn, 80: Sweet William. Lone Princess
The Plutocrat 1Gi; Atticus 1O4 Navy
Blue, 49,
Fifth race three-Quarters Of a mile
| purse-Morinel. Xorana. Watomba. 1iG;
Torsita. 100; DR.. Sharp. Henry G., Molvin
Burnham. Alkoran. Sing Wing. los; Los
Prietos. 1c2.
Weather cloudy and track heavy.
The herald., 1897-12-10
A Library Scheme

PALO ALTO, CAL. Dec. oh. c. Nash
Librarian of Stanford University. and
J. c. Rowell, Librarian of the University
Of California, are at work on scheme
which, If carried out, will materially
change the copyright laws of the coun.
try and at the same time build up large
national libraries in a number Of the big
cities Of the United States. The plan Ii
to require authors obtaining the pro
lection of copyright to supply copies Of
their work to several repositories To-
Gated in cities in different sections OF
the country. Senator Perkins will intro.
duce the bill in the United States Sen
ate. 1t will direct the establishment OF
additional repositories in the cities Of
Chicago, Denver, San Francisco ane
New Orleans.
The herald., 1897-12-10
PARIS RIOTING
The Dreyfus Case Still pisturbs the
Citv

PARIS, Dec. 9.-Students made a
demonstration this afternoon in front
Of the Luxembourg Palace. where tho
Senate sits. shouting, "Down with
Scheurer- Kestner!" Down with the
Senate!" The students were dispersed
by the police.
La Patrie today prints sensational
statement. the substance Of which Is
that the Dreyfus agitation Is the out
come of an international plot to divert
Frances attention from events abroad
adding that an international syndicate
with this object in view. backed by for
eign gold, commenced operations in Bel.
gium and developed them in Germany.
The herald., 1897-12-10
THE AvoCA SAFE
But the Troops Aboard Were Badly
Treated w

CAPE TOWN, Dec 9.-The British
troop ship Avoca, with 1000 men on board
from Jamaica for this port. has arrived
here safely. A rumor prevailed in Hall
fax that the Avoca had foundered. but
the report was not credited in London.
LONDON, Dec. "a dispatch to the
Daily Mail from Cape Town says it Is
alleged that the troops on board the
Avoca were half starved during the voy-
age. Men offered fiorin for loaf of
bread and the scramble at the galley
was so terrible that sentries were en-
ployed to keep the soldiers away. Yet
the latter aver that tons Of good food
were thrown overheard.
The herald., 1897-12-10
Red Moons Indians

DENVER, Dec. 9.-Brigadier-Gener
Otis received a telegram today from
Captain Wright, commanding officer at
Fort Duchesne, advising him that eight
Uncompahgre Utes from Red Moons
camp had left the camp and were now
in the vicinity Of the Blue mountains,
near the Colorado line. He does not
believe they have left the reservation,
but says they are moving eastward.
Judge Beaman, one Of the investigating
committee, has written to the governor
that the committee will spend couple
of days at Lily park and then proceed
to Fort Duchesne.
The herald., 1897-12-10
AUSTRIAN RIoT1Na
Laid to the Charge Of the People In
jured


VIENNA, Dec. 9.-In the Roumania
chamber Of deputies on Monday, M
Morbeu, the minister Of the interior
threw the whole blame of the anti
Semitic rioting upon the Jews, and de-
clared that the foreigners, meaning the
Jews, would not be allowed to hold any
more meetings.
This statement is described as being
worthy of the reign Of terror ir
France"
1t is evident that the Roumanian gov.
ernment has revived the anti-Semitic
agitation in order to divert attention
from numerous subjects Of discomfort.
The police. 1t is said, did nothing to stop
the riots at Bucharest, which were worse
On Tuesday than on Sunday, while the
authorities suppressed kilograms re-
relating to the outbreaks.
The ministers of the foreign powers at
Bucharest have notified the Roumanian
government that they will demand COM
pensation for the injuries inflicted upon
the subjects of their respective govern
ments during the riots.
The herald., 1897-12-10
A Bold Robbery

REDDING, Cal, Dec. 9.-McCormick,
Scatter G. Cos branch store at Keswick
was entered by a masked robber about
o'clock tonight. The occupants Of the store
were forced to the rear Of the building at
the muzzle of a pistol. The safe was rifled
of about $1,000. and after locking the door
behind him the robber took the key and
vanished in the night. Sheriff Houston and
a posse are guarding all roads leading
from Keswick. 1t is believed that the
robber can be identified, and that he will
be apprehended. Keswick is the smelling
city of Shasta county. where 1900 men will
receive their pay on the morrow.
The herald., 1897-12-10
birds will take place tomor.
row.
ON THE TURF
Winners at Ingleside and at New
Orlenas

SAN FRANCISCO, Dec. 9.-Weather
at Ingleside cloudy; track heavy. Re-
suits: Seven furlongs-Odds On won.
Presar second, Flushington third; time,
1888. Defiant, Tom Spencer, Roulette
Wheel, Hertha, DR.. Bernanis, Mainbar
Gina, Ell Puerto, Glenower and Moringa
also ran.
Six furlongs-Don Fulano won, Gar
land Bar second, Benamela third; time,
1:17h. Volt, Triumph, Etano, Monitor,
Emma D, Our Climate, San Marco, Jack
Martin. Elmer F and Torsion also ran.
Six furlongs-Figleaf won, Woodland
Belle second, Charles A third time,
1:19M. D. ]. Tobin, Hyman, Sonoro.
Mulberry, st. Aignon and Veragua also
ran.
Mile and one-sixteenth-Souffie won.
Bernardillo second, Lost Girl third
time, 1:52H. Song and Dance and Miss
Prim also ran.
Five and one-half furlongs-Hermoso
won, La Goleta second, Pat Murphy
third; time, 1:11h. Daily Racing Form,
San Mateo, Dr. Marks, Floreanna. Uncle
True, Castake, Greenback II. Highland
Ball and Prince Blazes also ran.
AT NEW ORLEANS
NEW ORLEANS, Dec. 9.-Weather
fine; track slow. Results: Six furlongs
-Alva won, Ben Wardell second, DR..
Work third; time, 1:21A.
Five furlongs-Seaport won, Duster
second, Laura May third; time, 1:06A.
One mile-Highboon won, Serf second,
Viscount third; time, 1:50A.
Six furlongs-Bill Arnett won, Cherry
Leaf second, Mace third; time, 1:21.
Mile and twenty yards-Fasig won,
Dockstader second, Van Brunt third;
time, 1:51N.
FOLLOWED FIGEL
SAN FRANCISCO, Dec. 9.-Edward
F. Leydon, a young plunger at the race
track, Is In the city prison charged with
felony embezzlement. He was the con-
fidential bookkeeper and clerk Of N. K.
Masten, financial agent Of the Southern
Pacific Company, with offices in the
Crocker building. AS he failed to appear
at the office on Monday and Tuesday,
Mr.. Masten came to the conclusion that
something was wrong. Investigation
showed that Leydon had drawn $500
from the safe on Saturday morning and
the books showed a shortage of more
than double that amount.
The herald., 1897-12-10
Levee Litigation

YUBA, Dec. 9.-Papers have been
filed in the superior court Of this coun-
ty, in which the constitutionality of
Levee district, No. 6, large district in
the southern part Of the county, is at
tackled. The suit is brought on COM
plant Of John Silva, a resident Of the
district and information of Attorney
Fitzgerald.
The herald., 1897-12-10
MRS. LUETGERT ALIVE
The Sausage Makers Wife Living in
Boston

BOSTON, Dec. 9.-The Globe says;
Mrs. Luetgert, the supposed victim Of
the sausage manufacturer murderer, So
called in Chicago, is alive and well.
Mrs. Luetgert was seen in this city
during the month of July, acknowledged
her Identity, besides giving more or less
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-07-18
CYCLE PARADE At LONG BRAxoH.
Four thousand wheels in Line and MANI
Prizes Awarded to individuals and Ciubs.

-Four Thousand wheels In Line and Many
Prizes Awarded to Individuals and Ciuba.
LONG BRANCH, July 17.-Thc second annual
bicycle parade held here to-day was witnessed
by $4,000 spectators. There were eight divisions
and tho total number Of wheelmen and wheel
women in line reached 1000.
The decorations were the finest ever seen here.
The parade moved at 5 o'clock. the route cover
ing about six miles. At Pleasure Bay a water
carnival was held after the parade. Paul Boyn-
ton was present and gave an exhibition. Tho
awards:
First prizo. best lady rider, Mrs. Breivogei; second.
Mrs. Hooker; third, Miss Sadie Boiine; fourth. Miss
Marie Hargraves.
second. Morris Aaron.
First prize, best costume. male. chas. Bachrinser;
second. Monte Kahn.
First prize. fancy costume. female, Mrs. Van
schoick; second. Miss Rosa Marston.
First prize. grotesque costume, Indian. V. Ftttell;
second. tramp, =. D. Cumming.
First prize. best decorated wheel, female, Mrs.
Alice; second. Miss Hanson.
First pri5o. best tandem. Bessie Hall, II. Leonard.
Prizes FOR Children-9irls: Helen Hooker. Bessie
Wood. Boys: Willie Jones. Edgar A. Fisk. J. B. Lustlg.
Clubs-First prize. New York clubs: Harlem Wheel.
men: second. Triumph: third. New York; special.
brooklyn Club~-Logan. Brooklyn wheelmen special.
BROOKLYN club. Indian Cycle Club. New jersey clubs,
Mantle. Jersey City; second. Clio. jersey City.
First prize, militery ciubs. Thirteenth Regiment,
Brooklyn; second. Fifth United Statss Artillery.
First prize, trsmens clubs, New York Firemen's
First prize. outof-town clubs. westchester County
wheelmen.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-07-18
GROVER, THE TALKING FROG.
His Observations arc characterized by Sn mo
ness. but arc Eminentiy Respectable.
From the Hartford Couronj

80
The frogs over in the water garden OF Bush.
nell Park arc very fair sort of frogs in their way
and do reasonable credit 10 their undouhitd
Wtndham ancestry. They sing well. and thy
do as neat as" ker chug" dive as frogs OF any
water garden in the State. but their accomplis4.
king, OF talking frogs who lives in a small poui
beside the suburban trolley track lin tie
woods" just after IL leaves the Pennington road.
This frog has been domiciled in The pool until
education has not been neglected. one o. the
motormen on tho line has made his acqualn'.
ancc. while waiting for The incoming car from
Pennington, and the motorman has proved 4
competent frog tutor. As soon ms The ear steps
the motormanc climbs down from mis- perch AMI.
advancing to the edge OF the pool. calls:
"Chirrup, chirrup, Grover"
On the instant Grover. which is tho frog, risca
to the surface, swirs to The shore. Scrsmhlcs Ny.
and, sitting in an appealing schoolboy attitude,
D." ! see YOU are Mt school with your face washed
this morning" remarks tho tutorman.
"S.n,r-r-e," replies Grover.
wen. what are you going 10 say for your
High water! high water!'
k-r-r-r-u-u-m.m m"
Immediately tho tutorman throws a fcv
crumbs at the frog, and with a blink in lis 4, .
the frog makes IA backward dive into tho pu' ..
he sees the other car coming and he is hot q
quAintcd with the other man. \ daV or ,wb
since the motorman put up IA scheme on Grove
oget him weighed. lie carried a gFCcer's sc,',
ont and tried TO induce the frog TO climb intnt,
IA ker chug, and was out of sight.
Inc frog Is certainly very tame and carries ~
n responsive reading as the church l.N-
grnmmSs say, every tin" his friendly muiur.
m fnIk T sslIs IN MIN nnS "; ., H lis, tutor s"}s "i Il doe,
on the road have seen and heard the "couyers4.
ton anu think IL marvellous.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-07-18

speedy Riding by Cycior johnson.

P~RovIDENCE. July l7.-At Crescent Park to-
day the whcelmen put mp some fast finishes.
In the two-mile race, open, John g.. Johnson OF
worcester won in n runaway sprint in 1 min
utcs 80 seconds. This is not only a State record,
but a worlds amateur record for a single paced
race on q quarter-mile track. Tenzler won the
onc-milc open. There were nine starters. The
result was that on the narrow track there was
close work and sharp practice. John S. John
son was clhowed out of his stride, and Tcnzlcr
was pockcted until late In the race. Summaries:
..one'Mile Suvicc-won by II. y. Douglass. A. l..
utcs 20 seconds,
One. Mile Open-won by W, f. TenEler, Broadbrook;
James Urquhart OF Dorchester second. ]. s. johnson
or Worcester third. Time, = minutes Us l5 seconds.
TwoMile Opsn-Won ry j, S. Johnson, James
Parker fourth. Time, I minutes 80 seconds.
one Mile, for Boys-Won by II. N. Douglass, J. Il.
Freeman second. Time, 2 minutes 80 10 seconds.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-07-18
AT THE JERSEY STATE CAMP.
The Departing F1rst and Incoming Fourth
Regiments Reviewed by Gov. Grigss.

STATE CANT, SEA GRIT. n. j., July 17.-Early
this afternoon the members OF the First Regi-
ment left camp and a special train containing
members OF the Fourth bowled in and tho boys
took possession Of the White City. Gov. Griggs
and Brig. Con. Wanser reviewed both the re-
treating and advancing troops.
The men of the Fourth Regiment were greeted
by William A. Eddy. who saluted them with a
large American flag suspended in midair. Tho
flag was suspended by three OF Mr.. Eddy's tail
less kites and floated over the canvas city.
Private William. Bergen Of CompanyK X. who
accidentally shot his Captain, {. A. Reilly, was
publically reprimanded by Col. Edward A.
Campbell. The entire regiment was drawn up
on the parade grounds, and Col. Campbell called
Bergen. who had pleaded guilty to the careless
use OF a weapon. TO the front and centre. The
public rcprimand was the extent OF the punish
mcnt.
Owing to The fact that the strictest discipline
was maintained during the past week, tho boys
were, inclined to be jolly last night. They pa
raded the company, streets, held concerts, and
several men jumped the guard and took posses
sion OF the town OF Manasquan. II mile distant.
The Fourth Regiment camp will DO practically
opened on Monday morning.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-07-18
DIED UNDER An OPERATION.
Isasc sherwood Suddenly Expires While Under
the lnnuence Of Ether.

PoUGHKEEPsIH, July ~17.-Isanc Sherwood Of
BrinckerhoI, q prominent resident OF Duchess
county. d!cd on Friday under peculiar circum-
stances. He was not a robust man, and of late
years had developed a nervous disposition. For
o month he had been suffering from an infamed
toe. which gave him great pain. and when the
doctors told him that the bone was diseased and
that nm operation would relieve him he readily
consented 10 have 1t performed.
The operation was performed by DR.. White
and DR.. Conklin of Fishkill. two prominent and
successful physicians. Ether was administered,
and 1t took effect promptly and with every indi-
cation OF safety. The toe was cut off. and while
the wound was being dressed the patient. who
had all the time been breathing naturally. gave
II gasp and expired.
Every effort was made to restore respiration,
hut they failed. The heart 1iuttered for a few
moments. but there was no other sign OF life.
Death was due to paralysis OF the respiratory
muscles caused by the ancSthctic. Such cases
are reported TO be extremely rare.
DR.; White said that he had performed many
similar operations and had been present at a
hundred where ether was used as an ancsthctic,
and this is the only instance where death re-
suited. Mr.. Sherwood WAS over Il years of
age. He wrs n fine type Of tho country gentle
man. and his death was heard OF with genuine
regret.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-07-18
WANr TO KEEP THEIR WIrEs.
Cheyennes and Arapahoe~ Object TO the New
Law In oklahoma.

PERRY. Oklahoma. July l7.-Harper 6. Cum
ninGham. Acknowledgement OF Oklahoma. had a
conference with 1000 Cheyennes and Arapahoe
Indians yesterday near Darlington agency in
regard TO tho polygamy law passed by the recent
Territcrinl Legislature. Many speeches were
made. Tho new inv is against n plurality Of
w!vCS. Chief Left Hand In his speech snid:
The good God above gay, me children and
wives. BY His help | will stand and protect
them while there is n breath of life in my body.
! will! not part with any OF my wives, but will
obey the law and not marry any more. These
whom have got l will protect for my childrens'
sake. II | am u citizen OF the United States,
,anu subject To tho laws. why am not treated
like n white man I Why do l not have control
OF The money which is justly mine. so that l may
be enabled 10 build my own houses, buy IN" own
horses and farm indictments. and live like n
white mani want 70 20 to Washington to SEQ
tbs Great Father and lay the case before him."
\ Cheyenne in his remarks said:
III the white man wants to take our children
away from rs it would be far better they should
take us out on the broad prairie and let the
soldiers from the fort shoot MS down like dogs
than do H.. a Cheyenne will never give up his
wife and children"
The younger members OF the tribe pleaded that
they be allowed To have all their present wives.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-07-18
sno1rrra 1sD rAorNa,
Fas, T-raysui.s .. p-strs,t-vs,e.es meats .
ute Eaela.

DETROIT. July 17,-It was a beautiful day, and
the Crosse Point track was lightning fast The
crowd was not only large, but tho betting ole
ment was much In evidence. They picked tho
winner In the frat event. tho 2:14 trot, paying
S7o for Valcnce In pools running close TO $500.
Atlantis was second choice at S35. In tho first
heat Valence, Prime, and Straight Lint raced
down the stretch. Primo lost his feet nearing
tho wiro, and Straight Limo won by n noso from
Vnlencc. She won the second heat from Atlantis
BY half a length. with both under tho whip. In
the noxt heat She shot out from tho bunch at tho
FIRST turn and was never headed. Goers with
Valence fooled them for tho next heat, sending
her home winner by a head from Lillian s. Then
Prime was sent for q heat, and took IL despite
the desperate driving Of Geers. Valenoe. won
the next heat by = nose. driven out, but tho
game daughter.
The 2;l1 pace went as tho talent expected.
Frank Bogash was laid up q heat and then sent
for the money. with tho usual result. He won
The free-for-all pace. best two In three. was q
night BY agreement for second and third money,
left over, from Wednesday's FREQ for all. there
being only three horses, In that race. Tom og-
den was put loose from the start, and won with
out trouble. Summaries follow:
OH Ia
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-07-18
pr. CoRNWAL1 GOES FREE.
Acquitted In Court for '-niing His nrotheI
Mhilc pCfcndInr ISIS Enihcr.

ST. Louis, July l7.-n-. Richmond Cornwall,
who killed his brother Herbert while the latter
was attempting 10 assault his aged father on
July :, was discharged to-day in the Court of
Criminal Co ~rection. The trial lasted little
more than half an hour, The testimony was
all as to the character of"lierbcrt Cornwall.
The only important point brought out was that
Norbert once made a desperate assault on his
mother.
Whom the defence rested Prosecuting Attor.
ncy. Mulvihil said:
That's all"
Have you nothing else to offer. Mr.. Mulyi.
hillf' said Judge Murphy.
Nothing to offer and nothing to say."
Judge Murphy looked AT him, and then turned
10 JTdgc Harvey.
And Your he asked.
Tho attorney for the defence rose 10 his feet.
have nothing to argue said he, Save to
state what the defendant did was TO save Ma
fathers life. II is a wcil.known principle Of
lHw.thni u 'on can defend his father. even 10
the cEtcnt OF '!Hying II person should his fntE.
or's llfc be IN danger. Unfortunately ho VA,
compelled TO XII his brother, Had II been a
stranger, there would have been no pro,c,t.,
tion. Bat the law makes no distinction,
Judge Murphy then ordered the defendant
discharged.