davidaulloa/AmericanStories huggingface dataset:
The Wilmington daily Republican., 1901-04-06
AGUINALDO'S MANIFESTO.
II Is Not Ready Yet, but He Is Hard
ut Work on II.

I
ut Work on II.
Manila, April 5.-Aguinaldo compos.
ing his manifesto to the Filipino peo.
pie, spends hours consulting Il diction.
ary. The manifesto is not yet finished.
Promising gold discoveries are re.
ported from the island Of Masbate.
close to the southern extremity Of I.u-
ZOn.
The collier Brutus has arrived here
from Guam and reports that the Fill
pino prisoners there are in excellent
health.
The investigation into the commits
sary scandals is progressing, and thoSt
civilians implicated therein will soon
be tried. 1t Is alleged that the shortage
in the commissary depot in Manila ag-
grcgatcs $lS5,0Oo.
A number of insurgents in the "oun-
try from Iha to Maron have surrcn-
lcreu.
The Wilmington daily Republican., 1901-04-06
THoI,SANDs SENT INTO EXILE

Every year n large number Of poor sur
ferers whose lungs are so"o anu rackod
with coughs are urged to go to another
climate, But this is costly and no. all
ways sure. Don't be an exile when Dr..
Kings New Discovery for Consumption
will cure you at home. 1t Is the most in-
falliblo medicine for Coughs, Colds, and
ali Throat and Lung diseases on earth,
The first dose brings relief Astounding
cures result from persistent USE Trial
bottles FREQ ut n. b. Danforths Price
5Oc and 81 %, Every bottle guaranteed.
The Wilmington daily Republican., 1901-04-06

1I'oR SALE--CHEAP To CLOSE an ES.
J. tate, two frame houses at klsmere seven
ruons; lot 50 #. x l0Dft. X 81 It. on Northern
Ayeu uc and New Road. Apply to j. Ernest
smith, Trustee. ,lnl5-"wkseou
The Wilmington daily Republican., 1901-04-06
Easter Services.

A. L. NJ. p. church, French Street,
between Eighth and Ninth Streets.
Rev. George Brown, pastor. Subject
"Thc Risen Saviour. Sunday school
$50 p. m. Faster service, 7.30 p. NJ.
Program Sc Hail! the ROYAL Victor, u
will be rendered by the school. Rev.
J. e. Sergeant, president, will deliv.
cr the address.
The Wilmington daily Republican., 1901-04-06
Girl of 10 Weds Boy OF 8 months.

Pawtucket. K, l., April o. According
to q private dispatch which was received
in this city yesterday sfternoon from
Binghamtou, n. V, Miss Elisabeth Wat
rous of this city, was married on Thurs
day to an S.months.oid boy named Carol.
of that place, the ceremony being nccss.
sury to save a large estate left by her
grandfather, who died two years ago.
Tho estate was valued ut $50, 001, and
was to 20, to Miss Waltrous provided she
married the male heir. The bride is 10
years Of age and has been living accord.
lug to tho dispatch. with Mrs. Carol.
The first he!r died and he estate would
have passed from her but,by marryiDa
the baby she made him the heir. thus SO.
curing the property. Tho child's parents
gave their consent TO the wedding.
:. Miss WaltrOns, or Mrs. Carol. now
posses es the youngest husband in the
world. As the marriage was only done to
fiji the condition, OF the will 1t Is said
that it will be annuled as soon as the es-
tate has boon sutiled and Mr-. Carol has
endowed her young husband with share
Of he property
TO CURE A COLD IN ONE DAY
Laxative Brpmo.Quinine Tablets removes
thu raus,
The Wilmington daily Republican., 1901-04-06
J'yUhuiJ Fever In New Haven.

New Haven, April 5.-Fears Of an
epidemic of typhoid fever in this city
have stirred the health authorities to
unusual activity Twenty-four eases
were reported to Health Officer Wright
in one day, and symptoms in numerous
other cases are being watched with con-
siderable anxiety. Yale university has
not escaped the epidemic, two students
having been removed to the iDtrmary
for treatment.
The Wilmington daily Republican., 1901-04-06
aIlerp,l Dpsertcr Arrested.

Rochester, April Martin Powell,
whose home is in this city, has been
arrested charged with being a desertcr
from the Hartford Powell enlisted in
the navy one year ago and was as
signed TO the training ship Dixie. He
went from there to the Buffalo ana
later was assigned to the Hartford.
The Wilmington daily Republican., 1901-04-06
Bishop Coleman S Faster.

Bishop Coleman will officiate at Grccs
Church, Brandywine hundred tomorrow
morning and afternoon. In the mornini
tho will nflrm class and administer
Holy Communion. In the afternoon hi
will address, the sunday school. In the eve.
ming he will administer confirmation Al
st James 3, Newport. Last evening the
bishop ot1iciated at Christ Church, Rlver-
The Wilmington daily Republican., 1901-04-06
pnstafHce ROI,I,eI.

Malone, n. Y, April 5.The postoftice
at sun, Franklin county. was entered
by burglars. The safe was blown open
and $50 in money and 500 worth of
stamps taken. The burglars had a
team and were tracked south as far as
Burke
The Wilmington daily Republican., 1901-04-06
Odeu yctoes Claim bills,

Albany, April 5.-Governor Odell has
vetoed two claim bills. One author
izcd the state court Of claims to deter
mine the claim of Peter ]. Calvin for
injuries received at the capitol in 1891.
The other authorized the board Of su-
peryisors of Niagara county to deter
mine the claim of Roswell Park.
The Wilmington daily Republican., 1901-04-06

Uncle Billy Heal l0.487
John Boyle, 420 King, 725l
]. II. Wigglesworth, 3o5 French 1922
VIM. Sitter, 1904 French $500
James Watson, Penny Hill! 349l
w. IIewes, 1905 Tatnall 3416
Prof. Whitehead, High School 3l5l
Miss Thielman, 1926 W. 9th 223l
Rev. John Shape, Del. Ave. Bap't 1890
Geo. Fighter. S27 Locust 1855
j. A. Dance, III Pine 1243
M. Lamborn, 3O7 N. Franklin 1863
J. G. Strong, 18th and Walnut 1855
Lewis Ellison, 70S W. 1lth 1886
Harry Keen, 1905 kirkwood 800
Rev. +. c. McKinsey, Christiana 693
Roland Welsh 1907 W. 7th ia
Sydney II. Green, l0l2Bennett GAS
Harry Evans, 25S Rodney 427
Earl Alliason. Marshallton 4l6
r. Clarls on, 1884 W. 18th 1886
Il. Glasco, 4OS French 1923
Wilmer King, Newport 80
James llargis, lmp'd o. r. M. 3o6
7. Grissom, OIL Church 260
Myers J. Hayes, 1928 Market 244
c. Edwards, 724 S. Harrison 226
Mrs. Il. b, Semple, High School 225
w. d. Henry, 1910 Bennett 2l3
Representative Robertson lS5
James Alexander. 1908 Chestnut ls4
II. S. Gilbert, 500 e. 3rd lag
Olen Phillips, s13 Bennett 1l9
Geo. G. Guthrie, G22 Harrison 100
The Wilmington daily Republican., 1901-04-06
Kruger In Unyielding Mood.

Paris, April 5.-An interview is pub
lishrd here with President Kruger, in
which the chief Of the Transvaal Is rep
resented as saying that the Beers are
ready for any sacrifice in order to pre-
serve their independence and that i'll
dependence for the South African re-
publics would be the only guarantee Of
peace. 1.-The fight will continue Pres
ident Kruger added, ''as long as the
British persist in their attempt to con-
Qucr the republics
The Wilmington daily Republican., 1901-04-06
General Clay Fires nt Deputies.

Vallcyview, Ky. April >, General
Cassius NJ. Clay refused to admit TO
the famous Whitehall mansion Deputy
Sheriff Collier and two other deputies.
who had gone there from Richmond TO
serve writ of delivery sent by Mary
Il. Clay for furniture. A fusilladc be-
tween General Clay and the deputies
cnsucd, during which l5 shots were
fral
The Wilmington daily Republican., 1901-04-06
Two Killed In Freight Wreck.

Cleveland. April I.-As the result Of
q freight wreck on the Wheeling and
Lake Erie road near .Irwctt, O., En-
gincer Fisher of the train aud an un.
known man who was in charge Of
some stock cars were killed. A brake
man was also slightly injured, The
wreck was caused by the engine strik-
ing d large rock.
The Wilmington daily Republican., 1901-04-06
nysDeDtic Man n Suicide,

Rochester, April 5.-While despond-
ent and suffering from an attack of
acute dyspepsia James f. Durgin, aged
81, superintendent and secretary of the
firm of Copeland \ Durgin. furniture
manufacturers. committed suicide in
his room at IS Warwick avenue.
The Wilmington daily Republican., 1901-04-06
SAW TWO IRON DEATH

"Our little daughter had an almost IA
tai attack OF whooping cough and bron-
chitis, writes Mrs. W. X. Haviland, of
Armonk, N. Y, "but when all other rem.
edies failed. we saved her life with DIR.
Kings New Discovery Our niece, who
had Consumption In advanced stage, also
used this wonderful mericine and today
she Is perfectly WE'LL Desperate throat
and lung diseases yield to .r. Kings New
Discovery as to no other medicine on
earth. lniallible for Coughs and Colds.
Soc and 81. 90 botlles guaranteed by N. b.
Dauforth, Trial bottle, free.
The Wilmington daily Republican., 1901-04-06
Montana Town Fire Swept.

Helena, Mon. April 5.--Firc has de-
stroyed almost the entire business por-
ton of Augusta. The burned buildings
included Odd Fellows hall, three Sa.
looms aud the general store of ]. c.
Adams & Co. The losses are estimated
at $4,000, partially insured.
The Wilmington daily Republican., 1901-04-06
n,Ihu aul De ResZi>c Better,

Boston, April 5.-''he management OF
the grand opera season here announces
that Nine. Mclba and Jean de Reszke,
who have been suffering from throat
trouble since the company came here,
are improving.
The Wilmington daily Republican., 1901-04-06
AstrauOmer Rt Sumatra,

Washington. April 5.-The eclipse oh
servation pnrty from the Smithsonian
institution has arrived at Padang, Su-
patra, on the General Alaya.
The Wilmington daily Republican., 1901-04-06

DROPOS OSALs-PURSUANT TO THE PRO
l. visions OF law, section Of chapter 4, of
the Revised Code lSa3,pro2osais Will be receiv.
ed for printing the Journal Of the HOUSE, of
the session OF 1901. Proposals will be recelv
ell up TO IL o'clock noon, Saturday, April 9th,
1901. The right 70 require security for the
faithful performance OF the contract as well
as the right to reject any aud all bids is re-
served by the undersigned.
WILLIAM Il. DEIGHTON,
Clerk Of the House Of Representatives.
Address: MarshRllton, Del, ml8.3w
The Wilmington daily Republican., 1901-04-06

AI N. WILSON, JR, IRON, STEEL AND
w coach goods, corner Third aud shpley
streets. Wilmington. Dol. Headquarters for
The lnvies Rubber Pads for Horses Feet.
The rubber pad keeps the horse from slip
ping and fnl' ing OF icy psvementA 1t cush.
ions and protects IKE frog OF the foot and IS
beth q prevention Aud cure Q; CONT acted
hoof dl7.lmps
The Wilmington daily Republican., 1901-04-06
Sale of Stock.

O'Neal Bros will sell at public
Sale, at IIockessin, on Monday, the
29th inst. twenty five fresh COWS and
close springers, ten yearling heifers,
six bulls, and forty thrifty shoats.
This stock is all first class and the
farmers who purchase will get the
worth Of their money.
The Wilmington daily Republican., 1901-04-06
PUBLIC s ALE
OF wagonsand farm Implements On
FRIDAY, April. l.! 1901,
at l2u'clock sharp

Ats. u. corner Front and Orange streets,
Wilmington. Del. consisting OF farm wagons
with box md hay BODY, some OF tht SO wagons
are very heavy and wide tread, will carry
tons runnbcut wagons with rubber tire, |
horse wagons and uugIie1 trace sulksy; eX-
press and milk wHgon, carts
Farming implements I'm 1er5, mowers,
horse rakeJ hay tedd"r, GRIM drills, ploWs,
corn drills, CCrn mark crs; whecl-barrOW. dis,
sprn. tooth and spike harl ow Wizard wceders
sllky cnltivator3. wooden and steel land roll
era, grind stone, Asl in wall potato planters:
Shovel1, hoes forks, picket fence dog and
horse powsr-, L. :. Separa'urs No. B. butter
buXrI churns aud CT amtry, set of rolls for
grinding cob and 5hClleu grain, good as new;
capacity 70 tu, per hour; Whcelharrow seed
suW"rs. Also lot OF other articles too nuller'
Gus to mention. We viii also SOL AT tho same
time Il lot OF horses. viz;
No l-Bay horse years Old, good WorHtr
an dr ivcr, weighing l3)l lis
No. 2-l gray mare Gy"ars Old, good worker
and driver, weighing 100 lbs.
No. 81 bay mare; years old, salo Tor q
lady To drive weighing 1000 lbs.
No. Al black horse q years old good driv'
er and worker wei Ching 1000 lbs.
No. 5-l black horse wears old. good driver
and worker weighing Hoo lbs
No 6-l brown h 9rsee years old Will Work
anywhere. wei Ching laUU lbs
No. II bar mar" years OLD oNccllent
worker, weighing ltUO lbs.
'!hc above nru all good stock. anu must De
~ WHITE BROS.
+ c. Stidham huc, ai.btd
The Wilmington daily Republican., 1901-04-06

NyOTICE-THE CITY TAX COLLECTORS
IN have been instructed by the City Council
to notify all delinquent tax payers that unless
they settle the amount they owe the city the
same will be collected according to law. with
costs. ml-u
The Wilmington daily Republican., 1901-04-06

MIME VAN VOORHlS WILL OPEN ACME
AVA Tailor System rooms for Easter tratio.
Feb, 2l; dress,naking department in charge
Mrs. Archer, Phila suits 81 00 up OPEN even
ings. No. 1G5 Market street. flS.tf
The Wilmington daily Republican., 1901-04-06

Go to Walther g. Co. aud have you
carriages repaired. -
The Wilmington daily Republican., 1901-04-06
AFTER LaOElpPE-. WHAT

Usually a racking cough and n general
feeling OF weakness Foley's Honey and
TAR is guaranteed to euro the ''gippe
cough" and make you strong and well.
The Wilmington daily Republican., 1901-04-06

TAR. DEHAEDTS PENNYROYAL PILLS
- The only genuine pennyroynl pills; =
druggists OF by mail 81. Office No!J9 9th st.
Ph ila. II
The Wilmington daily Republican., 1901-04-06

Oyster Pie at Beckett's Restaurant 7th
and Shipley streets
The Wilmington daily Republican., 1901-04-06

TO PREVENT NEUMONIA AND GRIP
Take Laxative Bromo.Q Quinine rablets.95
The Wilmington daily Republican., 1901-04-06
FOR RENT.

1NFORMATION WANTED.-IF YOU OR
any of your. friends have been cured or
hclpcd by the use OF DR.. Green's N1rvura
Blood and Nerve Nemedy kindly address +.
U. Box 56o Wilmington, Del. t9.tf
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-08-13
TOLD IN A FEW LINES.

Miss Alice Kennedy Of Warren street, left yes.
tcrday for Atlantic city where she will spend
two weeks.
Mrs. John b. Owens and Mrs VI. II. Jones,
Of Ferdinand street, LETT for thc Pan American
exposition yesterday, where they will spcud two
weeks
Maxwell W. Smons, of Hamlnton WAYNE
county, is the guest of his uncle, II. NJ Sims,
Of Church avenue.
Lieutenant Day and squad made another raid
on speahcaSy, last evening, run by Della Muir
phy an old-tnlc offender in the business. When
the lieutenant tried TO enter the house he tound
tho door locked and after it was opened he
started to search the place, where he found
three kegs OF beer stored away in the bottom
Of the cellar, with several coils Of pipes con.
nectcd To them leading 10 one large key, where
il was served out TO the customers. Lcutcn.
ant Day placed Della under arrest and took her
to the Providence police station where Alder.
man Tldlcr fined her fifty dollars, which she paid.
The North End Glcc club will meet at 80
o'clock Wednesday evening in the Market Street
Baptist church. All members intending to go
with the excursion on sept >, are expected to
attend.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-08-13
STRICKEN AT
MONDAY MEAL
MRS. WILLIAM DENMAN A
VICTIM OF HEART DISEASE.
While Seated at the Table She Was
Overcome and Expired Before
Medical Aid Could Be Summoned.
Victims of Sundays Tragedy Will
Be Buried This Afternoon-Ap-
preaching Wedding Police and
Aldermanic Cases-other Matters
Of Interest.

Mrs Elvira l.. Dcnman, wife of Will
liam c. Denman, of 1873 South Hyde
Park avenue, was stricken at noon
yesterday, while partaking of dinner.
The members of the family,wcre seat
ed at the table and suddenly Mrs.
Denman gasped for breath. She was
assisted from the table to her room,
but expired before medical aid could
he summoned.
DR.. w. T.. Allen was called, and an
nounCed that death was due to heart
disease. from which Mrs. Dcnman had
been suffering for a number of years.
Deceased was born in Gibson, Sus-
quehanna county, and was nearly g.
years of age.
She came t. scranton with her hus-
band in 1865, and had since resided
here. Mrs. Dcnman was a devoted
member of the simpson Methodist
Episcopal church. and took an active
part in religious work.
Her husband and the following sons
and daughters survive her: Mrs. q.
l.. Crane. Fred W. Denman, Mrs
James c. Thro, Julia Denman and
Abbie Denmah
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-08-13
Two Funerals Yesterday.

Services over the remains Of the late
Mrs. Louise Lyman were conducted at
80 O'Clock yesterday afternoon at the
home of deCeased's daughter, on
Washburn street. The remains were
afterwards borne to st. Marks Lu-
theran church, where the pastor. Rev.
A. l.. Ramer, preached an eulogistic
sermon. lnterment was afterwards
made in the Pittson avenue cemetery.
The pail bearers were John Weisen-
iluh. Conrad Marker NJ. Rosar and
Vincent Balzys.
Rev. David Jones, pastor of the
Welsh Congregational church. Of
fiCiated at the funeral of the late Miss
Mary Jones yesterday afternoon,
which was largely attended by friends
and relatives of the deceased. The
services were conducted at the house,
on South Fillmore avenue, and burial
was made in the Washburn street
cemetery.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-08-13
A Pretty Wedding.

A pretty wedding took place Satur-
day evening at the parsonage of the
Puritan Congregational church, on
Margaret avenue, when Raymond De-
puc. a well known young man of this
section, residing on Oak street. was
united in bonds of holy matrimony to
Miss Margaret Jchu. the daughter of
Mr.. and Mrs. David Jchu, of Wayne
avenue, the ceremony being performed
by Rev. II. G. Reese.
They were attended by Henry G.
Hobbs and Miss Priscilla Hartwell.
The bride and maid wore dresses of
blue and pink, trimmed with satin and
lace, carrying large bouquets of
carnations. The young married couple
received many handsome and costly
presents. They will make their home
on oak street in the near future.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-08-13

Another serious settling of the sur
face over the workings of the Rulrs
Head Coal company occurred early
yesterday morning and caused greater
excitement than did either of the other
two caves of the past two months
This time the disturbance reached into
Thompson street section, and is evi-
IDENTIFY continuation of the squeeze
which began showing itself in that
direction three weeks ago.
The disturbed area of yesterday
covers a tract that is fully two hun
drcd feet square. 1t is marked by
holes several feet in depth and twenty
to thirty feet in diameter, and by fis-
sures which extend in every direction,
and some of which cape several inches.
The greater force Of the cave yester-
day morning seems centered about the
large new double house Of William
Mills at No. 1882, the first after pass
Ing the culm bank on the right t-hand
slde or Thompson street, going west
from North Main avenue. A dcpres-
sion Is seen all around the house,
winch has gone down nearly four feet,
with the foundation walls torn and
tumbled into the hole formed under the
pullulHB. L ne mousse is somewhat Tilted
to the east, and it's interior is badly
damaged, the floors and furniture hav-
ing been covered by fallen plaster.
The house was occupied on the one
side by Mr. Mills and his family and
the other side was tenanted by Abra
ham VAUDEVILLE. Both families were
aroused from their slumbers by the
going down of the house and the cras =
ing of the plaster about them. They
got out Of the wrecked building as
quickly as they could, and during the
day moved their household effects
| elsewhere. The damage to the Mills
property will not be much short of a
| thousand dollars. The cave-in caught
the easterly side of the lot next ad-
joining on the west and extends to the
gutter on the southerly side of Thomp-
son street, and thence toward Main
avenue. a portion of the culm bank
| extends on the cavcd section.
The mine is operated by Messrs.
Burr & Whitford. who succeeded the
Providence Coal company in its lease
of the workings about year ago.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-08-13
NUBS OF NEWS.

Comet lodge, No. 43l knights of
Pythias, will hold their regular busi-
ness session this evening at o'clock
in Hartman's hall.
Miss Mamie Ruddy and Miss Lizzie
HiltZ, of Cedar avenue, are spending a
few weeks with friends in New York
city.
The members of Nay Aug tribe, No.
l4O, improved Order of Red Men, will
meet in monthly session this evening
in Fruehorn's hall.
Miss Mary Hanna is visiting friends
in CarbOndale.
Mrs w. f. Budenbach and family
are visiting friends at Elk lake and
Waymart.
Miss Marie Wolsfelt, of Cedar ave-
nue., and her friend. Miss Bertha Tan
ner of Washburn street, have returned
home, after spending their vacation at
Lake Winola.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-08-13
SOME QUASHED,
OTHERS STAND


out any previous information or bind
ing over; that in presenting the in
dictment the jury did not act on their
own knowledge or upon any matter
given them specifically in charge by
the court or the district attorney, and
that the indictment was presented
solely upon information reaching them
through witnesses in a perjury case
against Harry Hatton.
At the hearing on the rule. w. II.
Taylor, who was foreman of the grand
jury, admitted that the contention of
Finn regarding the manner in which
the indictment was found was correct.
Under the law, ar indictment cannot
stand If it Is not found on evidence
given direct upon the case or upon the
knowledge of the jurors themselves.
The other five cases have as de-
fcndantS Antonio BanCardi, Thomas
Stephens, William MunrOe, Thomas
Kilcoyne and Patrick Gallagher, the
quntette of Old Forge councimen,
whom General Manager Silliman is al
legged to have bribed. They were in
diCted on evidence adduCed at the
hearing of the charge against Silliman,
and without any previous binding
over. Judge Edwards, in quashlng the
indictments says:
In Commonwealth against Green. I2G "a. 5}l
and in Commonwealth against McComh, lj7 Pa
GlI. it is specifically decided that an indictment
cannot he sustained when il appears that 10
was founded Lu,a the testimony OF witnesses
examined in another proceeding. and was not
based upon the personal know ledge or ohsorya.
tionS of any member Of the grand jury or upon
instructions from the court
For this reason the indictments in the above
stated eases are quashed. Let the clerk enter
In the cases against Councilmen Fred
Naylor and Thomas f.. Morgan, of Old
Forge, the Offense charged was that
they were guilty of misdemeanor in
office, in that they furnished material
and labor for the work done on the hor-
ouGh roads by the supervisors.
The act which ii was supposed made
this an offense and under which the
indictment was drawn, is carefully dis
sected by Judge Edwards, and he rules
that its evident purpose is to prevent
the sale of supplies to a municipality
of which a person is a councilman by
a corporation of which the same per-
son is a member, officer or agent.
If a man offends against this law he
offends as a member OF the corporation
selling and not as a member of ire
municipal corporation which buys,
INDICTMENT MUST FALL.
1t not being shown in the indictment
that the defendants We're members Of
a corporation furnishing the material
and labor 10 the borough the indiCt-
ment must fall,
1t is also decided by the judge that
the indictment is otherwise defective,
in that 1t does not state the charge
with such certainty and precision as
this finding Of record,
would protect the defendants against
a second prosecution for the same Of
fense.
Mrs. Anne Ames was charged by her
husband with Illicit relations with DR..
Knapp, The Ames settled the case
out of court and a nole prosequi was
entered, Shortly afterwards. Mrs.
Knapp, wife of the man in the case"
had Mrs. Ames arrested and indicted
on charge similar to that which was