davidaulloa/AmericanStories huggingface dataset:
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-07
z,16hlg''lg|
234-236 MAIN STREET.
Some Features Of Our
Christmas Preparations,

OF the strictly gift goods we have gath
cred With q two-fold object-that we shall
snow the most compete line of des, rable
sHalnes-and to sell them at prices that
sN2tl De as iow-:ind when possible a little
ilower-than others quote. Whenever we
could we have selected exclusive patterns
and designs II enhances the merit OF a
g1ft II 1t has exchisiveness to commend
1t. @ l1F0 81
IT'S A CHRISTMAS STORE now
flt'i OF g.veables-sersible givtables. AT the,
top OF the list of appropriateness for Men,
are suits. overccats. Hats Canes ard
Umbrellas ~
) FFandkerchiefs. Neckwear, Mufflers.
subscribers, Collar and Cuff Boxes, Tray
ching Cases. Smoking Jackets und Bath
Robes You never saw so many together
oefore. We've doubled our own usual va
riety. We hardly believe all the other
stores In town together could show you ass
many styles, as are to be seen here. Ex-
elusive styles-many imported-many do
mestic-Noveltics and Staples, L
The prices remember you've other gifts
to buy. Ladies will find us all attention
whether Their visit Is for purchasing or
inspection. Our stock will bear tnspcc-
ton.
Engraving on Silver Trimmed U1nbrel-
las purchased of us will be done freq oe
charge by an expert
49,. &
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-07
AMUsEMEN
4 BAcHELoR's HoNEYMooNn.

a Bachelors Honeymoon" Is clever.
oe-cldedly clever, and Worde &
Sacketts comedians presented 1t to two
very fair audiences yesterday at the
Academy of Music. To say the audi
ences We're delighted is simply to re-
peat what this company gets every
Where. The bright and witty dialogue
was as catchy as the Miss Arbuckle"
OF MISS Della Stacey, and the ever
ready laughter followed the delicious
mlrth-provolting incidents and situa-
lions as promptly as the bell followeS
the target shooting of MIR. William Nc
sspey as Benjamin Bachelor the CEN
ire OIL the fun, around whom the yotar-
les of Momus revolve. astt&
MIR. Charles Bates as DR.. Ludwig
schwartz was simply side splitting and
the remainder of the cast were each
excellent.
ROLAND REED.
/. Tonight Roland Reed will inaugurate
his annual engagement in this city,
where he has host of friends and ad-
mirers who have q warm place in their
hearts for the many pleasant hours
spent In enjoying the visit of this ia
.Vorite comedian. Mr.. Reed will present
his latest success, His Fathers Boy"
which has proven one of the hits of the
season. The piece is from the German,
by Sydney Roscnfeld and presents Mr.
Reed in a type of character different
from any that he has ever assumed
here. but one exceedingly droll. The
play is written In Mr.. Rosenfeld's hap
piest vein. The dialogue in particular
is said to be bright ana entertaining. a
specially strong company is promised.
headed by 1sadore Rush. and including
Lottie Alter. Alethea Luce. Mary
Myers. Sheridan Topper. Brandon
Hurst. Julian Reed, l.. p. Hicks, and
James Douglas
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-07
FORTY MILE CIRCUIT.
WHAT MIR. r.! LANCASTER WILL
LIAMS HAS tTOaSAY. S

wv Hat MI = r.! LANCASTER WILL
LIAMS HAS TOsSAY.
The Richmond afternoon papers of
Tuesday, and the morning papers OF
yesterday, published q statement, which
was telegra pied to the yirginian-Pilot
as we'll as other papers by special cor
respondents to the effect that Mr.. r.
Lancaster Williams was interested in
the construction of q bridge across the
and Berkeley, and the plans contem-
plated building q railway through
Berkeley across the Southern Branch.
through Portsmouth, down to Pig Point
and running n ferry across to Newport
NEWS; and that an arrangement had
been completed with the Newport News
and Old Point railway, making COM
plete belt of the harbor, and that the
plans also contemplated bringing the
Belt Line into Norfolk over the pro-
posed bridge over the Eastern Branch.
MR.. WILLIAMS STATEMENT.
Mr.. Williams was in Norfolk yester-
day, and when seen by q representative
OF this paper, had the following to say:
II have read the account referred to,
and I wish to say 1t is entirely unau-
thorized and entirely without founda-
tion, SO far as I know. We have not
considered any plans for bringing the
q
ern Branch, nor have we taken any
steps towards bridging the Southern
Branch. On the contrary, have as
sured the lessecs of the ferry that am
interested in no plans whatever looking
to the injury of the franchise they are
enjoying between Portsmouth and Nor
folk. We believe that the construction
of u bridge across the Eastern Branch.
connecting Norfolk and Berkeley, will
open up n very attractive section of
territory which should be more inti-
mately connected with Norfolk than Is
possible under the present arrange
mcnts. If such bridge were built the
Increase in population and development
on the Berkeley side of the river should
keep pace with that on the Norfolk
side. This will in all probability create
such additional traffic between the two
cities as will increase the ferry BUSH
ness between Berkeley and Norfolk In q
very short time after the completion
Of this bridge"
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-07
District Convention w. c.T.U.

The District convention Of the
Woman's Christian Temperance Union
Will commence In the First BAPTIST
Church to-day at IL a. m, and will be
opened with devotional exercises, after
Which a brief address of welcome will
be delivered by Mr.. ]. Ashley Williams,
on behalf of the Frances Barnes Y's.
by whom the convention Is to be en-
tertained.
Reports will be received from the
various departments of work, and top
les of general interest to the organi-
cation will be discussed
The greater part Of the afternoon
will be devoted to "Y'' work in the
district It is a notable fact that this
is the first instance in the history of
the temperance movement when the
District convention will be entertained
by 'Y'' organization. and the Frances
Barnes Y's are happy, to know that
their financial and popular standing
will admit of their doing so. All In
terested in the temperance cause are
cordially invited to attend. The conven-
ton will be in session one day.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-07
HEIR TO BIa ESTATE.
SOME OF THEM PROBABLY RE
SIDE IN NOR EQI Il


1t has just been discovered. after long
and careful search, that there are now
living in Richmond several heirs to a
mammoth fortune variously estimated
at about $4,000, 600
This Will be welcome news, not only
to a number of Richmond people. but
also to many claimants to the property
who live in Fluvanna county, Va. in
Norfolk. Lynchburg, and several other
cities in this State, besides number OF
people in Kentucky, Indiana and the
West.
Among the Richmond heirs II Ia
claimed by the lawyers. who have been
engaged in investigating the claims.
that William j. Hope, OF North Twenty.
fourth street, is entitled to q large sum
which will probably reach 81, 600, 900. An
effort was made to-day to find Mr..
Hope, but he could not be found.
Another heir to the estate is Mrs.
Huntley, formerly of Richmond, but
now of Washington City. She once re-
sided on West Franklin street.
Mrs. Huntley has engaged counsel to
push her claims, and expects to realize
a large amount of property.
Some of the other heirs to the i'm.
mense estate are Mr.. Thomas G.. Hope.
who is n lumber merchant, residing at
Kent's Store. a postoffice in Fluvanna
county; Mr.. Knight Wood and Mr.. AL
olson Wood, of Fluvanna; Mrs. Susan
Huntley, Of Staunton, Va, and a GEM
tleman in Hampton. Va The other
heirs are scattered about In Virginia.
and several other States. a number Of
them can trace their relationship with
the original owner of the property. and
now that counsel has been engaG ed tt,
push their claims, there seems every
reason to believe the fight fof the great
fortune. which Is now In England, Will
develop into big gains for the Ameri-
can heirs.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-07
THEY'RE AFTERMATH.
NORFOLK MERCHANTS THE LOS.
ERS-WELL INSURED.

NORFOLK MERCHANTS THE LOS
ERS-WELL INSURED.
The Norfolk and Western fire Tues
day night Melted a loss of between $1,000
and $4,000 it is now thought. Section G
OF warehouse b held only mill-feed,
baled hay, straw. oats, ETC., and to the
amount OF about 500 tons, averaging
nearly SIG ner ton in value. A large
share of this was spoiled Section B
held n much more valuable lot of goods,
high grade -four and grain. This sec
ton was practically unhurt, only u
small amount of water and fire getting
into it. and few barrels of flour, wet
on the outside, constitutes the damage.
Section Z was untouched. All this ware
house, separated into sections by brick
walls, contained goods owned by Nor
folk firms and kept there in storage
and insured.
began, stood q train loaded with high
grade merchandise for Richmond and
Petersburg firms. This was pulled out
by yard engine just before the flames
burst out to windward, and run out
some distance The train, however.
broke apart and the cars ran back past
the flaming doorway safely to the Main
street end of the yard, where they were
left
Three streams were put on the fire by
the tug Piedmont and one by the Com
modore Duryea, doing excellent service.
Mr. Finch was on nand early and
assisted greatly the work of salvage.
The work of the Norfolk Fire Depart-
ment in the binding smoke and sting
ing cold has been highly spoken of.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-07
Buildings to Bio Ereoted.

Petitions to build have been granted
as follows:
NJ a. Stokes, residence at No. Sc
Reilly street.
City Gas Company, coal storage shed
on their property.
w. z. Ford, a boiler and house for
wood business in Brambleton Ward.
Robert TAFT. stable at No. 157 Bank
street 81
The following petitions are yet to be
pissed upon:
Virginia Electric Co., five boilers ad-
ditional on their property in William
sons lane.
street.
Willis Moore. addition to No. 2so
Nicholson street.
r: 2. Waller, frame addition to No.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-07
Continued on Page II.
Desc WIS II.
Hemnrknb,eS ucc VS. nrn New Trent.
mrnt tor Pilrs. tn

Hehnrk"b,c Succ rsnTn New Trent.
nirnt tor Pilrs.
FOR many years It has been supposed
that that, the only absolutely sure cure for
9t'SS WIS 6y surgical operation, but the
d.lnger TO life and the pain and expense
mas been SO great that many thousands
sniler Tor years rather than submit to
Mrs ,ast rSs9rt or they seek the tom
c!aimed to relieve piles and rectal troSi.
pies Salves; otntments and similar simple
temporary relief 80
n new preparation which Is painless
anu harmless. hut which affords am
nfleaiate relier and In many cases II COM
pietS cure IN n very short time, Ia sold
by druggists under the name Of Pyramid
Flo Cure. "'-
II, It Is in sunpos>torv form used at night
AND Its regular use has cured thousands
OF obstinate long standing cases and II
seems to be equally effective In ali the,
various forms of piles. whether Itching,
me PYRAMID PIE euro allays the In
Iamina hon and intolerable itching, re-
ouGcs inc tumors and its astr,ngent prop
critics cause tho erlan rged blood vessels 10
contract to Normal healthy condition.
~ Baltimoro gentleman relates hts eX-
these words. - = ~
IT affords me unusual pleasure to add
lily ny endorsement to those of others rela-
ave TO your really wonderful pile rem
sSuy. ! vas sufferer for years until told
oy a Fellow salesman OF the Pyramid Pile
cure Il has entirely cured me and
cheerinlly send this. for pub.tcation II
you wish to use II n that direction. I
, M.sh you would send me one of your
HlHe DOCKS en- cause and cure of piles,
Any Pile sufferer may use the PYRAMID
with certainty that 1t will give Instnnt
rel Ell ana regular use n permanent cure
and the stu further certainty that it
contains no cocaine. morphine OF metal
lie or mineral poison
- All drusgists sell Pyramid Pile Cure.
so cents for full sized treatment.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-07
Y. m. C. A. NOTES.

DIR. JOHNSON TO SPEAN-STAR
COURSI2-BASKET BALL.
/, DR.. II. Z. John, pastor of the Cum
berland NJ. e. Church, will deliver a
series Of four consecutive addresses to
men only during the month of Decem-
Der.
The Bostonia Sextette Club, assisted
by Miss Helen NWelmar, soprano solo
list, who are to give the third number
of the association Star Course to-mor-
row night, comprises one OF the
choicest of the really superb course of
concerts being furnished by the assoc
citation this season. a full house is ex-
pected.
81, BASKET BALL.
The match game OF basket ball was
a success last night. The teams were
composed as follows:
. Blues-N. Jacobs, captain; r. Nom
tague, f. L. Priest. IT. Campfeld, Eddie
Rhea.
yellow Fellows-H. H. Priest, w. s.
Metcalf, ]. a. Addenbrook, a. L. Gro
nihSberg, w. Webb
Two half games OF twenty minutes
each were played, with five minutes in
PERMISSION. at the close the score stood
Is TO In favor of the Blues.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-07
tie NEWs Of NORFOLK on PAGEs2 8 5&5TIl.

J. 7. Ellington, Sheriff Of the county.
testified that the prisoner, after he had
surrendered himself into his custody.
said: He had not been able to sleep,
and had had dream The prisoner
further said: He had been reading
thinking about them, until he could not
sleep. and that when. he saw men In
disguise he thought they had come to
kill him. 3if = !. = = $500,
The prisoner testified: IT was !: not
mao because of what my wife told me,
,lnu because of what read about the
wilmington affair. My wife told me she
oq az s some one shooting at Henry Rich
ITuson, and I said 1t was shame
re further testified: II then. heard
some shooting. I was scared. was
shsened, because 1 heard shooting
anu mad heard that there had been a
riqt at Selma that evening" &c
II is hardly necessary to add that
mat testimony did not Justify the
onurse. The testimony, instead Of fur
'ilSiiiHs evidence of malice or hatred
against the white race or against those
.nlse masked persons. from which pre-.
ton to kill could be inferred
oirectiy established abject terror and
iear on the part of the prisoner; for his
personal safety. The charge must have
mad most damaging effect upon the
t ign! OF the prisoner. for 1t directed
ohe attention of the jury to motive
LOT the homicide in the prisoners breast
which the testimony in all Its bearings
mad not tended to prove. +
we will not consider the other ex-
ceptlons raised on the appeal. While
me record discloscs that there was too
rhucn OF passion on the part Of the pro-
Secution for the State In the trial below,
It further shows that that fact was
acknowledged, and it may be expected
tnat on the next trial the error will
NOT be repeated. Every citizen OF North
carolina on trial for crime should feel,
II ne is really innocent that he has
iolnine TO rear and in all cases that
the prosecuting officer is not his enemy
There must be new trial
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-07
CALUMET TRIBES BENEFIT.
THE LAST REHEARSAL BEFORE
THE ENTERTAINMENT

TIE LAST REHEARSAL BEFORE
THE ENTERTAINMENT
Inc ladies and gentlemen who are to
take part In the Lady NIinstrels and
Concert to be given Tonight at Elks,
nan, Academy Of Music building. for
me benefit OF Calumet Tribe No. 81. i.
y. Il. NJ, held their last rehearsal las
night and had full attendance. Thee
were enthusiastic and gave every in
dlcation OF providing first-class en-
eeftaihnent. The program follows:
PART FIRST.
Bones Interlocutor Tomho
Lloyd Daily Dan Leslie Abe Moses
opening Chorus-"Sing Me a Song
of the South" con,nany
Introductory Overture ...... Orchestra
Ballad "Alwa va"
Miss B. LaDue.
Como Song-"I'd Leave My Happy
Home for You. Lloyd Daily
Salad" Where is My Boy To-
night Miss NJ. Kennedy
coon Song-"Darktown's Out To-
night ................. Abe Moses
Tenor Solo. Zone Iittle Vordn
Mr.. &c. L. Williams.
Grand Finale-Yocal Selections 49,.
........ ........ Mozart Quartette
Messrs. Williams. Jacobs, Williams and
Dozier. fs
PART SECOND.
Yam and Morton-Nfusical Artists.
presenting their Entertaining
Speciality.
Duet 49,. Misses Kenney and LaDue
Just q Few Minutes with LLOYD DaIbv
vocal Selections by the Famous Mo
Fart Quartette
Comic Character Songs Abe Moses
Recitation-"F Forty Years With the
shrew ............ Miss Mcclure
Vioiln SOLO .............. Prof. Schwink
TO conclude with an original and
Alarm"
george SKIN EN- .......... Dan Leslie
Jake French CLAIMS" =. Llovd DoIbv
Brown. the Miser ......... Abe Moses
Look out for the comic wind I'D. Wait
for the curtain Vocal department
under the direction OF Prof. e. III.
Shuster. Il.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-07
A CHRISTMAS DINER.
A BEAUTIFUL CHARITY TO BE RE-
~ $500 PEATED. 9sHlst

$3.50. sos. tLH IEA TED. tsy.sss.
The people OF Norfolk will recall the
dinner given to poor children Of the
city last Christmas day by little Miss
Madge Stokes. daughter of Mr. Sylvan
us stokes proprietor OF the Monticello
aotei. and those who had the honor of
being her guests on that occasion will
nail with pleasure that she proposes to
repeat her act of beautiful charity
Christmas day OF this year. le
Rev. Charles l. Stengle, who last year
was superintendent OF the Union Mis-
sion. was selected by Miss Afadge as her
assistant. and at her request will rem
der her the same service this year.
With the assistance of Mr.. and Mrs.
Stokes, the little lady and her manager
are formulating plans for the enters
tainment. which bids fair to surpass
the previous effort. Two hundred poor
children will he given q splendid din
uer. Invitations will be sent out to the
deserving as soon us the list of names
is completed. MIR. S,engle will gladly
receive any information that will aid
him I'm this direction. SIS
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-07
q a - 10 x Es. e "a.
ssaro the S1he Kind You Hayo Always Bought
'sl sf lI1f1zzzzzSS
Subscriptions to ST. vIncent,a.

ThS total subscription to st. Vim
cents Hospital Rebuilding Fund to
date is s9,a5s.1e. Since the last report
in this paner the following subscribe
tons have been received by Mr.. Bea-
man, treasurer of the fund:
Net proceeds of an entertainment
given by the Norfolk Council knights
OF Columbus, through Mr.. D. j. Gala
han, Grand Knight, s3S0.55.
: Through Benjamin r. BouldinE,
chairman of the colored soliciting com
mittee, the following:
Grace p. Z. Church, Rev. w. p.
Burks, rector, $3.50.
Hiawasna Benefit and Social Asso-
cia ton, So.
Excelsior Reed and Brass Band, SO.
The general fund, SIS.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-07


October 81. 1899
A CAsD OF HOMICIDE IN WHICH
CERTAIN FACTS HELD TO BE NO
EVIDENCE OF MALICE.
Smith was convicted Of murder in the
first degree and appealed. The facts
are fully set forth in the opinion of
the court
The homicide occurred Just at the
prisoners gate, and in the road. The
evidence Is contradictory as to what
occurred then and there. The evidence
of the State tended to prove that the
prisoner, armed with a dangerous knife.
came from the house, after the dis
charge of one RUu1aH candle into his
yard. and made sudden and furious
assault upon the three masked men, in
which one of them {Cawthorn) was
killed. and another OF them (Winfrey)
was dangerously wounded; that they
had not stopped at the gate, but were
passing on, and were merely Christmas
jewelers.. The evidence of the defense
tended to show that the three men had
stopped at the gate, discharged fire.
works into the prisoners yard and near
his house. and had so frightened the
prisoner that he was alarmed for his
personal safety; that he took up the
knife. and went to the gate where
upon he was seized by the man who
Ahad the pistol, and who had thrust 1t
into his face, and that he commenced
to use the knife in self-defense.
Among other things. the court
charged the jury that "if the assault
was prompted by the occurrences of
Wilmington and the rioting at Selma or
either of them. this would be cir
cumstance from which the jury might
infer generalization on the part of the
prisoner That instruction was so
great an error. when considered in the
light of the evidence, that a recital of
the evidence. and the whole of 1t, on
that point, will make that error mani
fest, without any extended discussion of
1t. and we, therefore, give the whole of
that evidence
In his evidence Winfrey said he car
ried the pistols because thought some
thing might happen to me. The white
folks and negroes had been rioting in
Selma that day I was going to de-
liver one of the pistols to Charlie
Roberts,
j. IT. Parker testified that he was
Mayor of Selma; and, to quote his Ian
guage: az saw some fighting and
shooting fireworks that day. The white
men were beating negroes. They were
using Roman candles. a white man
beat Il negro with stick. One man
shot negro with a rifle. Did not see
prisoner participating in the row, and
did not hear him say anything about it. +"
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-07
AppoInted Masonic Aid.

Colonel Robert White. of Wheeling.
W. Va. who has been appointed grand
marshal of the Masonic celebration to
be held at Mount Vernon on the l4th
instant-the centennial or Gen George
Washington's death-has named rs one
of his aids on that event Colonel Harry
Hodges, of this city.
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-07
elf, to Baptist o p,anaaa.

Information was received in Norfolk
yesterday of gift of $4,000 to the
Baptist orphanage. ut Salem. by Mr..
H. w. Stidley, ST., Of Princeton, w
Va. :. He is an old man, a paraiytIc.
and makes the gift in the shape of a
check through his pastor, Rev. w. l..
Ball. .
Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-12-07
COURT DECISIONS.
Notes Of Cases Recently Decided,
Which are Of Interest to
Our People.
DieEsTED az W. 3. MARTIN.
ALLEN ". PATRICK.
Gxclusively for vlrgln.an-P Pilot,

T.. s. ~ q a -
supreme Court OF Appeals of Virginia.
November 16, 1899. ~
WHEN a WIFE HELD AN tENCUM-
BRANCE ON HER HUSBAND'S ES-
TATE WHICH WOULD PASS TO
HIM ON HER DEATH, AND SHE
Il DIES. THE CIRCUMFERENCE IS
ExTINGUISHED BY HER DEATH
WHERE HE HAD CONVEYED HIS
ESTATE TO SECURE HIS CRED
1roRs, AND WILL GO TO THE
BENEFIT OF THE CREDITORS.
One Hamilton made a deed of trust
In which his wife Joined conveying all
MS property, to a trustee to pay his
creditors. and In consideration Of his
wife's Joining and releasing her contin-
gent right of dover the sum of $500
was secured to be paid her by the trus-
tee The trustee sold the property, but
before distribution OF the proceeds
was made the wife died and the $1,000
secured to her by the trust passed un-
der the statute of distributions to her
husband. The husband assigned the
same for value to the plaintiff. The
lower court held that the $1,000 secured
TO the wife did not vest in the husband
as dfstrlbutee. but that it became alb
solutely extinguished by her death and
was to be distributed among the other
creditors Unsecured by the trust deed.
The plaintiff appealed.
The court says: s
We are of opinion that the decree of
the Circuit Court is right. Where "the
owner OF IN estate becomes also the
owner of an incumbrance on 1t, such
remembrance shall thereby become eN-
tinguished." says the law; provided,
however," says equity THAT it is not
his interest or intention to keep such
incumbrance alive
"A merger is prevented, and mort
gage upheld where there is IL strong
equity in favor of 1t; but never where
1t Is not for an innocent purpose"
court of equity. therefore, looks to
the substance OF the case. and If 1t finds
1t TO be to the interest OF him in whom
the two rights meet that n merger
should not occur, both will, be kept
alive. but the interest must be one, the
promotion of which commends itself to
court of conscience; 1t must be for an
innocent purpose and in order to work
substantial Justice So far from it's be-
Ing to the interest OF Hamilton that this
charge should be kept alive to the detri-
ment of the appellees, in contemplation
OF equity his highest and best interests
are to be subserved by Its extinguish-
ment, for thereby the fund devoted to
the payment of his debts will be In
creased. There Is no intention express
ed in the record, but the just implica-
ton from all the facts and the inter
est of Hamilton as viewed by a court
of equity. alike demand that an en-
cumhrance should be regarded as eytin-
Euished which he, the debtor. can only
a@sert to the prejudice of his creditors.
Affirmed.