davidaulloa/AmericanStories huggingface dataset:
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-04-21

declares that recent experiments show
that the gun gives no flash or sign of
fire. It is practically noiseless, and its
explosive gases are made to counteract
the recoil.
Yet this wonderful understanding
device is. so small that it can be put
on to the end of any modern gun as
easily as sewing machine bobbin
can be slipped into its place.
The French artillery experts have
applied it to their new rapid-firing field
gun. By this combination they have
the most perfect and destructive gun
in the world
This noise and fame destroying at
tachment is very simple. It is tube,
which is screwed on to the muzzle of
a gun. There is but one piece of NOV
able mechanism in it, a hinge valve.
When the gun is fired and the projec-
tile leaves the muzzle, the outward
rush of gases makes this valve close.
This stops the escape Of the gases in
that direction, but they find an outlet
in the two little passages in the upper
part of the tube. The gases rush out
through these with such force as to
make recoil which offsets the recoll
of the shot. The flash takes place in
the interior passages Of the attached
tube, and is thus completely hooded.
When Colonel Guilbert Humbert, a
retired officer, first brought his inven-
ton to the notice Of the French ord
nance experts, over year ago. they
declined to even test it. Even Colonel
Humbert's reputation for honorable
service in the Franco-Prussian and
African wars failed to secure him con-
sideration.
4 It was thought to be an old mans
toy. In formally declining It for army
use he was politely but ironically given
permission to patent It and make it
public. - n n.
He did that and made q test OF his
own His shrst trial was on IA Winch
Hotchkiss gun. It worked almost per-
ifectly. I: The !ga firing produced noa name
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-04-21

ton almost directly over the gun not
the slightest vapor nor flash could be
detected. Only when it was wheeled
over an open stretch of ground and
away from all foliage could the gun
itself be seen.
Similar firing tests have been made
before on dummy figures and balloons
at Chalons. But nothing has ever
equaled the destroying power of this
new quick-fring gun that can neither
be seen nor heard.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-04-21
MYSTERY OF BALKAN .lRscH
Fifty Years Ago 1t Was the sensatio,
NJ tho nov

Fifty Years Ago 1t Was the Sensation
of the Day.
'The mystery of Balaam Birch was
sensation in the early forties," vol
unteered an old resident tc a Wash
ington Star reporter, land though it
was cleared up in a week or so, it
proved to be very lively one as long
as it lasted. Balaam Birch was we'll
known carpenter. He was last seen at
the corner of Fifth and F streets one
afternoon during heavy rainstorm.
From that moment all traces of him
were removed as completely as if he
was swallowed up in the ground.
Hundreds engaged in the search for
him, and all kinds of stories were put
into circulation as to his disappear
ance. Every house and yard in that
part of the city was thoroughly
searched, without result, citizens gen
orally joining the local police force IN
the search. He was seen by several on
Fifth street at different points between
Louisiana avenue and G street, though
last seen, according to comparison Of
time, near the corner of Fifth and F
streets. The mystery was how he
could so suddenly disappear in broad
daylight. During that time, and for
many years after, a stream of water
ran through Judiciary square, which
connected with Tiber creek, which was
very materially increased by sudden
transforms, and though the SUPPOSE
tion most generally INDUCED in was
that he had fallen in the stream and
had been taken down to Tiber creek,
and from there to the canal, it took a
search of week to prove it. 1t proved
to be the correct theory, however. for
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-04-21
THE PUBLIC SHUT OUT.
Court of Inquiry Mt St .aPlu Will
Hold Secret Sessions,

st. Paul, April 10, = Whatever evil
dence may be adduced either in vindi-
cation of condemnation Of the officers
of the Fifteenth Minnesota volunteers
for their conduct during the mutiny on
the morning of Feb. will be kept
secret by the board Of inquiry, which
is now in session in til earmy build
ing in ST. Paul. The decision to hold
these sessions in secret was reached
yesterday after the organization of the
board was accomplished. 1t was voted
that newspaper representatives should
not be admitted and the witnesses
were cautioned against telling of the
proceedings.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-04-21
BOLIVIAN REVOLUTION.

The Government of President Alon-
20 Sorely Pressed by Insurgents.
Lima. Peru, April IL. = Advices re-
ceived here in regard to the revolution
in Bolivia say that the situation at
Oruro, where President Alonzo has es-
tablished his base Of operations, is des-
perate. 1t is added that the federal
lists, or insurgents, are pushing their
operations and that the banks of
Sucre, the capital Of Bolivia, have
refused to furnish any funds. to Presi-
dent Alonzo's government.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-04-21
FLAGS M1NGLE.
Frenchmen ana Italians Fr:
in Sardinia.

Frenchmen ana Italians Fraternixe
An Sardinia.
Cae1iari, Island Of Sardinia, April IL.
The officers of the French and Ital-
ian fleets attended the theater yester-
day evening. The "Marseillaise" and
italian national hymns were played
amid the frantic cheers of the audi
ence and the waving Of French and
Italian flags. The king and queen of
Italy arrived here and were received
with enthusiasm. Salutesswere fred
from the ships and the forts and ali
the vessels were brilliantly befaRged.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-04-21
THE AMERICAN Loss.
Admiral Kautz Reports Four Mcr
Dead, Five Wounded

Admiral Kautz Reports Four Men
Dead, Five Wounded.
Washington. April 14.-The follow
ing dispatch from Admiral Kautz has
been received:
Auckland, N. T., April IL. - Secre-
tary of Navy, Washington: On April
1, while the combined forces of the
British and United States, under
Lieut.. Freeman, British navy. were
accommodating near Apia, they were
ambushed. Deeply regret to announce
the death Of Lieut.. Philip Lansdale,
Ensign John r. Monaghan, CoXswain
James Butler, Ordinary Seaman Nor
man Edsal and five men wounded, be-
longing to the Philadelphia. The
British loss in killed, two men and
Lieut.. Freeman
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-04-21
GERMANS AGITATED.

They Regard the Latest News From
Samon MS Serious.
Berlin, April Ii. = There was much
agitation in the foreign Office during
the afternoon owing to the latest news
from Samoa The ambushing of the
American and English detachment by
Mataafa warriors is taken here in the
most serious light. 4; The dispatch
which reached the minister of state
from Consul Rose is taken as clearly
generating Germans from any hand
in the matter, Is was at icst feared
might possibly lie the case
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-04-21
STATE OF OHIO, CITY OF TOLEDO. ..

LUCAS COUNTY,
Frank j. Cheney makes oath that he Is the
senior partner Of the firm Of F. ]. Cheney g. Co.,
doing business in the City Of Toledo, County
and State aforesaid and that said firm will pay
each and every case Of Catarrh that cannot be
cured by the use OF Halls Catarrh Cure.
FRANK j. CHENEY.
Sworn to before me and subscribed in my
presence, this 9th day Of December, A. D. 1885,
(SEAI.j A. w. GLEASON,
Notary Public.
Halls Catarrh Cure is taken internally, and
acts directly on the blood and mucous surfaces
Of the system. Send for testimonials, free
F. j. CHENEY s. CO., Toledo. u
Sold by Druggists, 75c.
Halls Family Pills are the best
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-04-21
How He Came to Find Ont.

Bill Nye was once chatting with
Senator Shirley Of Maine, and re-
marked upon the fact that he (Nye)
was born at Shirley, in the senator's
state. adding that the town had doubt
less been named for one Of the senat-
prs ancestors.
II didn't know said the senator,
shat there was such a town in Maine
use Shirley"
81 didn't know it. either" said Nye,
until was born there"
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-04-21

The convalescent author consented to
receive the reporter.
Il am progressing very nicely" he
replied, in answer to the usual query.
''But how is the public~
"The public?' asked the reporter.
eyes; have they rallied fully from
the poetry of my illness? '-Philadel-
phia North American.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-04-21
Do Your Feet Acne and Burn,

Shake into your shoes, Aliens Foot
Ease, powder for the feet. 1t makes
tight or New Shoes feel Easy Cures
Corns, Bunions, Swollen, Hot and
Sweating Feet. At all Druggists and
Shoe Stores, Csc. Sample sent FREE
Address Allen S. Olmsted, Leroy, N. Y.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-04-21
BRIDGE GONE.

Some Damage Done by the Rising
of the Minnesota River.
st. Peter, Mimi, April 12.-The Min
nesota river is rising rapidly; and yes
terday tho pontoon bridge at this point
was carried out. An ice gorge formed
at the draw bridge, but vas broken by
dynamite. g .s7ss f.sE5
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-04-21
KILLED His Brather-in.Law

KILLED His Brather-in,Lnu.
McLeansboro, VT, April Il. Francis
George Garner, near
SSSBroughton, this county. Hosick struck
Mrs. Garner, his sister. during quar-
rel. Garner took the part ofghis wife,,
which resulted in gazfight between the
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-04-21
One of Them Re.ents II.

"a New York docthor says Ameri-
can girls is the worst cooks in the wor-
rul, does he?" Indignantly exclaimed
Bridget. eff he diver say it to me, I'd
Ehlap his face FIR him!'-Chicago Trib-
unc
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-04-21
THE WHOLE SYSTEM

May Become Invaded by Catarrh-Gcn.
eral Lewis Case.
Pe-ru-na Drug Mfg. Co.,. Columbus, O.:
Gentlemen have used Pe-ru-na
for short time and can cheerfully rec
ommend it as being all you represent
and wish every man who is suffering
with catarrh could know of its great
value. Should I at any future time
have occasion to recommend a treat.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-04-21

Enid. Okla, April -PostnastersE.
p pa S looted. There Il ii clue st to
the mtlrtlercrs.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-04-21

II say bonnet to-day, George, that
was a dream"
"Well, don't forget, my dear, that
your poor old George doesn't believe in
dreams. Plain Dealer.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-04-21

Mrs. Uins:ow's soothing Syrup.
For children teethng soitelS the gums reduces IN
dammation, alays pain cures wind collie CSC bottla
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-04-21
The Renl Putient.

China has begun the manufacture
Of sn.okeless powder
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-04-21

The new books published last gear
averaged thirteen a day.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-04-21
hoods, Sal4qboaM
A Fair Warning.
Hlazl12E5I23:lzdE

Hoods Pills cure liver ILLS; the non Irritating ana
only cathartic TO take with Hoods SarsapariIIS.
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-04-21

! army
deliv-
lrougA
Ee, are
.e, the
their
|sionea
stoned
state
ent Of
! com.
~ au-
|eOncile
officers
rolls,
mates
Of the
fterof
were
hat in
3. For
ltiago.
ere no
8 here
'e was
] Gen.
Cuban
''actice
sepa-
ng to-
ms for
lately.
] San
list be
More-
|st be
s, be-.
Ow i'm
e is a
erican
S. II
than
$ and
|ly be
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-04-21
R|lhvIly Y

|nrsta.,,,,.,
[n....,.
|.vinouESS:.
I No.,
p,.......
0S
The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1899-04-21

the Murderers
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-09-18
The Planters Monthly.

The September number OF this pop
ular monthly is just from the press.
Editor Whitney. who has just returned
from his annual vacation TO the Main
land. announces the following table of
contents for the current issue:
Notes on Current Topics.
The Sugar Situation in New York
September l.
Sugarcane Plantations on the Ha-
waiian Islands, 1872.
Then and Now-1S12-1S99
over Sea and Land
Improvement in Orange Culture.
Valuable Discovery
Commerce OF the United States.
Let the Sugar Trust" Make the Beet
Sugar.
Enlarging Honolulu Harbor
The Mystery and Mastery of Irriga-
ton.
No Relief from Trusts.
The Nations Harbor
The Propagation of Plants.
Fertilizer Legislation in the United
States
Future of Cuba and Porto Rico
Technical Education in Germany.
The Tropical Fruit Trade.
England and the Nicaragua Canal
Some Keys to Success
The Commercial Side of Domestic
Sugar-Growing
Sugar-Cane Nomenclature.
Remarks of Secretary Wilson.
Report of Hawaiian Sugar COmpa-
MES.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-09-18
DEATH OF MISS KALUA.
Funeral the Largest Held in Wal
Iuku for Years.

Agnes Nunehiwalani Kalua, daughter
OF Judge J. W. and Mrs. kalua, died at
Wailuku, Maui, at o'clock last Tues
day morning, the 18th inst. She had
been sick ever since last May The
cause of her death was inf1ammatory
rheumatism. She was also troubled
with sores in the mouth caused by her
lying so long in the bed. DR.. ed.
Armitage treated her during her long
illness and he did all in his power to
save her but in vain.
Her funeral took place on Wednes-
day morning The services were held
in the Kaahumanu native church, Revs.
E. G. Beckwith and A. Pail officiating.
A choir of ladies and gentlemen sang
several appropriate hymns at the
church and also at the grave. Her re-
mains were inferred at the lao Gene
terry Both Revs. Mr.. Beckwith and
Mr.. Pail made appropriate addresses
in the church in English and Hawai-
ian respectively.
The funeral procession is said to have
been the largest ever held in Wailuku
for years. School children from the
Waihee. Waikapu and Wailuku gov
eminent schools, and also boys from
the Chinese Mission school and from
st. Anthony's Catholic school, all at
tended in body under their respective
teachers. The pall-bearers were:
Senator \. y. Kepoikai, Col. Jno. Rich
ardson, Col. W. H. Cornweu, Sheriff
L. VI. Baldwin, Magistrates w. A. Nc
Kay and S. E. Kaleikau, Sam Kalama,
E. H. Rodgers, Henry Robinson, Geo.
Hons, Kalei KahauleIio and JnO. 7.
Aluli.
Agnes Kalua was born in Waikiki,
March 9th, 1875, and was therefore
nearly 241a years old. Her early edu-
cation was received at the Maunaolu
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-09-18
MATTERS ON MAUI.
Teachers in Haleakala
Crater.
The Septic mber Monthly of the
MakaWao Literary Society-Cat-
tie Sell Wen at Auction.

MAUI, Sept. IS. 1S99.-During Thurs
day evening, the nth. the September
Literary" of the Makawao society
took place at the residence of F. w.
Hardy of Makawao. Perfect weather
and the light of a brilliant moon at
tracted people even from Spreckelsville
and Kahului as well as from the differ
ent localities of Makawao district. The
following program was rendered:
Music. MaunaOlu Seminary Girls
Series of Tableaux from the drawings
of c. d. Gibson.
]. A dream"
= This can happen" (the Ameri-
can father may be amazed at finding
his English son-in-Iaw not an undesir-
able article).
3. "A Little Story told by a
sleeve).
T. The Old Tune
). The Last Day of Summer"
g. That Delicious Moment tWhen
you find YOU are asked TO take into
dinner the girl who yesterday refused
yOu).
Z. Their Presence of Mind" CThey
had been in their room but moment
when they were startled by knock)
8. Puzzle tFind the wife of the man
telling the story.
Music. OBSERVATION-DISCLOSURES. Seminary Girls
Farce in one act-'The Widows Pro
posals."
Widow Bedott ..........W. o. Aiken
Inn Crane OBSERVATION-DISCLOSURES.
Elder Sniffles .... F. w. Hardy
Music ...........Se Seminary Girls
Refreshments.
The tableauX were applauded, the
music encored and the farce created
laughter.
Miss Cook and Baber of Chicago
who have been SO prominent in the
last Summer School, made a trip into
the crater of Haleakala during the
Cook, Baber, Simpson and Steele
Messrs D. d Baldwin and c. w. Bald
win started from Maunaolu Seminary
Tuesday morning. They spent Tues
day night at .Craigielea," Wednesday
night in the crater, and returned to
the Seminary early Thursday evening.
delighted with their excursion.
On the 18th, at Puuomalei Makawao,
100 head of COWS We're sold at auction
by L. Won Tempsky. The prices
brought for mich COWS ranged all the
way from SIS to $40 per head
A Enos & Co. OF Waikiki are not to
deliver the 1000 head of cattle recently
sold TO Gear, Lansing & Co. until Jan
uary l, 1900.
Miss Annie Smith, formerly a teacher
al Maunaolu Seminary, is now matron
of Weston Hall, Mortified Seminary.
Kahuui-Sailed, Sept. IS, the brigan-
tine Geneva, Andrew Aas master, for
Tacoma, in ballast.
Weather: Very warm and dry.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-09-18

Seminary, and for one year she at
tended the kamehameha Girls School
She returned To Wailuku during the
latter part of last year as she was not
feeling very well in school.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-09-18

The great success of Chamberlain's
Collie, Cholera and Diarrhoea Remedy
in the treatment of bowel complaints
has made it standard over the greater
part OF the civilized world. For sale
by all dealers. Benson, Smith & Co.,
Ltd, agents for H. l.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-09-18
Large
OF GOODS By THE
PACIFIC HARDN ARE Co.,
LIMITED.
a Fresh Supply Of the
HySieniC
Refrigerators
The Only Absolutely Perfect
Refrigerator Made.

BOSTON LONG CARD MATCHES.
NAILS OF ALL KINDS.
ROSIN, PINE TREE TURPENTINE,
PAINTS, LAMP BLACK.
COTTON WASTE.
CANAL BARROWS.
FAIRY STEPLADDERS.
MANILA AND SISAL ROPE.
HANDLES, MATTOCKS, PICKS,
HOES AND SHOVELS.
AXES AND HATCHETS, AXLES.
CARRIAGE SPRINGS, GRIND
STONES.
DISH AND DAIRY PANS, SAUCE
PANS.
LAWN MOWERS, CHARCOAL IRONS
BABBITT'S POTASH.
TUBULAR LANTERNS AND GLOBES
All the above and more on the EN-.
lily T. Whitney" from New York direct
ALI sorts Of goods by other vessels
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-09-18

NEW BILL at ORPHEUM THEA
TER tonight
Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-07-05
Marriage Licenses.

Marriage licenses have been issued to the
following:
White-Sidney c. Dawson and Nettie b.
Hudson; Benjamin T. Lanham and Barbara
E. Webel: Charles H. Ruth and Flora A
Robertson; Harry w. Grinder and Hattie
L. Murray; Wilmer E. Davis and Ida NJ
Pargoe. both OF. Baltimore, Nd: Benson
II. Sydnor and Adeline Wedding; Joseph NJ
Livesay and jamie c. Brown both of Cow
ington, Va; Ambrose r. Matthews Of
Orange county, Virginia, and Minnie E.
Brockman of Gordonsville, Va; Hugh =.
Carton and Matte l.. Richards, both Of
Jacksonville, Va; John Henry Rice and
Anna NJ. Hutcherson, both of Richmond,
Va; John w. Freeman and Rosa Shuman
both of Caroline county, Virginia; Claude
7. Thornburg and Clara S. Bremerman;
Horace A. Minor and Mamie B. Walker
both of King George county, Virginia; WILL
lam w. Russell and Clara NJ. Allen: Frank
J. Hessler. jr., of this city and Ellen NJ
Eaton. both of Alexandria Va; Frank M
Mcpherson of Parkerburg, w. Va. and
Annie McMenanlin of this city; Willard w
Upperman and Rose NJ. Fox; John NJ Ma
gill and Blanche V. Mahoney.
COlored-William II. Burke and Secellia
Yates; Robert E. Gregory and Minnie n.
Reeves.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-07-05
ANACOSTIA HAPPENINGS.
Additional Cars on Anacostia Linz.
Other News Items

other News Items.
In response to the demand of its patrons
the managers of the Anacostia street rail-
road this morning placed in operation
three additional cars over the line to Az
street and Maryland avenue southwest.
where transfers are issued now to and
from the Metropolitan railroad. The sched-
ule of the Anacostia read was changed
from nine minutes to six minutes. The
managers of the line claim that now per-
sons can reach the center of the city as
quickly as under the transfer arrange
ment, until recently in effect with the
capital Traction Company at the navy
yard.
Mr.. and Mrs. John j. Walsh of the gov
eminent magazine at Bellevue entertained
party of young people from Anacostia at
their residence yesterday. In the evening
there was fireworks display from craft
in the stream. Those in the Anacostia
party were Misses Linda Leapley, Eta
HaineS, Emma Isaac, Elsie Armiger, Mary
Tolson, Linda, Florence, Sadie and Elsie
Humphrey, and Messrs. Bradford Marsh,
Samuel Humphrey, Maurice Haines and
William King
Elwood Frye, white, seventy-eight years
old, a well-known resident of the Bowen
road, was taken to the Washington
Asylum today by his friends.
Mr.. ]. H. Shoelver of Cincinnati, who
has been visiting Mr. and Mrs. Osterman
of Maple avenue. left yesterday to con-
tinue his trip north.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-07-05
BULLET IN HIS LEG.
Result of a Drunken Row at Forest
VILE, Md.

Result of a Drunken Row at Forest
vile, Md.
Robert Merritt, a young colored man
whose home is at 416 Sd street northeast,
had a bullet taken from his leg early this
morning by Drs. Gunckel and Butts at the
Eastern Dispensary. Gunny Day also col
ored, charged with having inflicted the
wound, was arrested.
The men mentioned were members of a
party which celebrated last night at For
estville, Prince Georges county, Md There
was dance given in the village and many
of those in attendance INDUCED in liquid
refreshments of the cheap ''fire-water' va
riety. When a number of them had taken
a little more than they could stand, there
was a row started, and Day, it is alleged,
discharged his pistol. The dance was
brought to a sudden termination, and the
washington contingent soon started for
home.
1t was about o'clock when the shooting
was done, and it was about midnight when
the injured man reached the Eastern Dis
pensary. Sergeant FalVey of the ninth
precinct learned of the affair and, as the
oHense was committed in another jurisdic-
ton, he had Policeman johnson arrest Dav
and hold him for the Maryland authorities
Sherln Robey OF Prince Georges county
Was notified, and it is likely that he will
send for the prisoner Merritt saws the
shooting was the result of a drunken row
ana ne does not desire to prosecute Day.