davidaulloa/AmericanStories huggingface dataset:
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1901-10-18

Waterloo, Oct. 14.-Miss Bertha
BeckeHs Of Tama county has sued
John Il. Stpehr for $4,000 damages for
breach Of promise Her attorneys
are Cartwright and Arbuckle of this
city. Three times w-as the wedding
postponed and no preacher or groom
appeared. She was formerly q stu
dent of the business college here and
later II school teacher in lama eoun-
fy. The defendant is a young bust
ness man Of Tan:t An attachment
for $1,000 has been placed on his
goods.
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1901-10-18
Mr%. COilpec lit,..s: IL, alma

Des Moines, Oct. 1S.-Mrs. Edwin C..
Conger, wife of the minister to China.
left Des Moines today en- route to
San Francisco, from which place she
wifi sail on Monday on the steamship
American Maru for China.
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1901-10-18
scl,ley Ever Cool and Steady.

Speaking of the bearing of Schley,
Commander Mason said he saw the
Commodore during the entire battle
His conduct was excellent in every
particular. He was calm, collected
and brave
While Captain Cook occupied the
witness stand for the purpose Of cor
recting his testimony, Mr. Hanna asked
him:
did the flying squadron, when pro-
eeeding from Cienfuegos' to Santiago
proceed with all dispatch2"
Throwing out of consideration the
surrounding circumstances and condi-
lions that have already been testified
to. should say no.
Mr.. Rayner-By putting in the Sur
rounding circumstances and conditions
you would say yes would you not,
Yes
Lieutenant Commander Sears said
the GOLFERS off Santiago had been sent
q distance out each night in different
directions on account of the fear OF
torpedo attacks.
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1901-10-18
Two Others Describe Battle.

ffreT of the Brooklyn, and Lieutenant
Charles Webster, the watch officer Of
the Brooklyn, each tod the story OF
THE battle and of the events from the
sailing of the flying squadron from
Key West to the destruction of the
Colon. Their stories tailed in almost
every paGticu ar with that of Captain
Cook, and it is a significant fact that
the officers Of the Brooklyn through
the thick OF the battle agree upon all
important points. while the depart
E1ent's witnesses vary greatly.
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1901-10-18
Reasons for Delay in Trip.

Lieutenant McCauley made it quite
plain ~ reading from the signal book
OF the Brooklyn that the delay in
reaching Santiago was not only caused
by bad weather, the breaking down of
the collier, the stopping of the squad
ron to- permit the smaller craft TO
overtake the fighting ships, but that
on May 24 the Texas signaled the flag
ship requesting that the squadron
steam slowly on that day as some OF
the coal beavers had been excused
from duty. This was done, and this
incident alone was responsible for
much Of the delay, as the speed at
sorle times was no greater than four
miles
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1901-10-18

1t takes girl to understand her
father! it takes father not to un-
derstand his bow
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1901-10-18

Charity should begin at home
whether it is a rented BONE or not.
Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1901-10-18
CALM IN HEAT OF BATTLE
Officers Of Brooklyn Praise Schley's
Attitude Under Fire.
ORDER IS LIKE DEWEYs.
Day in Court OF NEUTRALITY-SUSPICIOUS.
Edward McCauIey. DR., Proves to- be,
an Excellent witness for Schiey--
Captain Cooks Explanation. as

Washington, u. G., Oct. lS.-GlVe
them hell. boys. Fire when you are
ready" These were Rear Admiral
SchIey's orders during the battle of
Santiago and his expressions used to
encourage the men. Lieutenant Ed
ward McCauley, Jr-, the signal Off
Ger of the Brooklyn and aid to Schley,
when questioned at the court of in
curry as to the Commodore's bearing
during the battle, said he was per-
fectly cool and steady, and that Schley
was on the platform outside the con-
ming tower. In order to encourage the
officers and men OF the Brooklyn
Sch1ey walked about the deck, and
several times told the men at the guns
to Give them hell" When the young
officer told OF Schley's expressions the
entire courtroom was couvulsed with
laughter. in approval Of the Ccmmo-
dore's orders, and Admiral Dewey and
bis associates joined in the laughter.
The president Of the court seemed to
think that Sehley had acquitted him
self admirably on this occasion, and
it was with difficulty he restrained
himself
Same Order as Given by Dewey.
1t was a curious coincidence that
Schley's order at Santiago to Fire
when you are ready was identical
with that used by Dewey himself at
Manila when, in giving orders for the
battle. he said: when you are ready.
Gridley, you may fire.
1t is stranger still that not only were
the orders of the two commanding Of
ncers Identical but the results Of both
actions were similar. At Manila the
Spanish feet was destroyed without
the loss Of an American ship or man,
while at Santiago the Spanish squad
ron was annihilated without the loss
of an American ship and only one mar
of the American feet lost his life.
Steadily the developments i'll the
case are weakening the charges made
against Rear Admiral Schley, and one
by one the specifications of the rrecept
are crumbling TO pieces under the Gil
mulative evidence presented to the
court. T.. .U..
When questioned as to Schley's
bearing on the day Of the battle, Nc
Caulsy promptly answered: tHe was
perfectly cool and steady. He was on
the temporary platform outside the
coming tower TO encourage his Of
fcers and men he said, Give them
he
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1901-09-24

place Of entrance % keep back the
crowds, whilo ia the station not FAR
away were reserves ready 20 reinforce
the detail on duty should the feelings OF
the people become aroused 20 the extent
Of rio,ing. Mounted officer paced slow
ly around on every side Of the structure
and no one was allowed stand on side
walk for n moment, 80 that At no time
was the crowd large.
No one outside the building saw the
prisoner as he was taken from his cell
90 the courtroom His guardians made
use Of the tunnel under street from Jail
70 city hall and Czolgosz was brought
into the courtroom only few moments
before the hour set for the opening of
his trials. No person was admitted 20
building without pass, signed by the
chief Of police. and it was necessary 70
show this 20 the police on every land
ing and in every corridor.
The counsel for Czolgosz. ex.Supreme
Court Justices Loren l. Lewis and
Robert @. Titus and Carlton L. Iadd,
saw him before the time for tho open.
ing Of the court. but he had no more to
say TO them than or previous occasions
when they have visited him. In view
Of tho meagerness Of the opportunity
for the defense and the fact that the
prisoner refuses absolutely 10 aid them.
it is not improbable the entire proceed
ings will be completed wishin two days
"The mental condition Of the assassin
viii absolutely be the only defense Of
fered. ;" said Judge Titus.
His counsel may publicly abandon the
case and merely represent Czolgosz for.
mAlly during the trial
As the result Of the examination OF
the alienists. DIR. Carlos T. Mcdonald I
and DR. Allen Mclean Hamilton Of
New York City, the question Of insan-
ity is eliminated from tho subjects ON
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1901-09-24

Albuquerque, Sept. zS.-The prelimi-
nary trial Of Antonio Maggie. the an
archist arrested at Santa Rita and
placed in jail at Silver City. was called
before Justice Newcomb of Silver City
Saturday morning. but tho government
attorney asked postnonement ON .Rc-
count of tho absence Of several impor-
tant witnessed As soon as the post.
ponement was announced Deputy United
States Marshal Fred Fornoff served two
more warrants on Maggie. charging
conspiracy TO asssssinate President Nc
Kipley. Sheriff Goodell has tho pris-
oner under heavy guard.
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1901-09-24
JUST RECEIVED

A new line OF Window Shades; prices run from
iOc each up. +; Call and see them.
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1901-09-24
DOWN TO WORK.
House Making some Progress upon ths
Appropriation BiIi.

Austin. Sept. 23-The house spent ali
this morning discussing the amendment
seeking 10 strike out Of the appropriation
bin the live stock sanitary commits
sion appropriation.
The west Texas members were divid.
ed on the question, and representatives
from other sections Of the state took no
interest in the discussion.
The house by vote Of 43 30 25 re-
fused 10 strike out the commission.
The appropriation for printing the re-
ports Of the higher courts, amounting 10
s26.0 600. was stricken out.
The report Of the committee 20 inves-
tigates the charges that the land depart
ment levied assessments ON clerks was
laid on the table subject to call.
The board TO settle with the First Ma.
tional bank. composed Of the governor.
comptroller and attorney general. failed
90 report in accordance with the mes.
sage sent to the Legislature Saturday.
w Q. witcher, chief clerk in the de-
partment OF education. rendered his
resignation this morning, effective
Oct. /. superintendent Arthur Le-
Fevre announced the appointment Of
w. G. Hickson OF Waco, TO succeed
Witcher
The governor sigued the blind tiger"
bill. prohibiting the shipment Of liquor
into local option districts. also the bill
the dsh aud game law and
the bill relating 20 boards Of health in
cities aud towns
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1901-09-24

by deputy sheritfs and policemen. He
was seated between guards directly in
front Of bar. District Attorney Penney
read the charge against Czolgosz st
1920 and asked the prisoner how b
pleaded.
Guilty" responded Czolgo>s in a
low tone.
Judge Lewis arose and addressed the
court. stating that according TO law this
plea could not be accepted And or
behalf OF the prisoner he asked thas .
plea Of not yuilty DO entered.
The trial shen proceeded.
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1901-09-24
Arrs.lea for wiz Murder.

Knoxville Sept. 23.-James Godsey
Of Grassy Cove Is in jail at Crossville
charged with wife murder. The alleged
crime was committed last April God
sey, Il II said. claimed ne found his
wife dead in a cave, and that she had
hanged herself. Suspicion pointed a
few days to Godsey, and he was arrest
"a and was bound % court.
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1901-09-24
ON TRIAL.
Leon Czolgosz Arraigned for Mur.
dering the President.
HE PLEADS GUILTY.
His Lawyers Withdraw the Plea and
Enter One Of Not Gnlliy-An-
archlsls Charged With Con.
splraey Released.

Buffalo. Sept. 23.--Leon +. Czolgosz
was plaAed ON trial this morning for
the murder Of President Mckinley on
Sept. 6. in the supreme court Of Erie
county, Judge Truman @. White pre-
siding. The trial began at 10 o'clock.
but long before that hour tho streets in
the yicirf Of ne city hall were hlled
with mal 4prious persons willing 70
take chanctWhn being admitted to the
courtroom, even though they knew
there were but 80 seats available.
The various entrances tho TO build
ing. with the exception Of that ON
Franklin street. were closed and guard
cd by policemen aud rigid discipline
was the order Of the day. Squads Of
blne-coated men were stationed on every
landing aud in a double row outside. the
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1901-09-24

Vienna, Sept. 23.-While the Arch.
duke Frederick, accompanied by three
gamokeeper, was shooting ON his estate
at Della, Hungary, he was shot at by an
unknown and unseen person. The bul-
let went through the sleeve OF his
hunting jacket. Three poacheys were
subsequently arrested.
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1901-09-24

Washington, Sept 23.-The logbook
Of the fleet of Santiago was presented
~ evidence in the Schley court inquiry
this morning by Captain Lemly except
the New York. Schley's counsel asked
for this also, which was ordered. The
only witness was Lieutenant Comman
der Hielnor. who was on the Texas.
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1901-09-24
ANARCHISTS RELEASED.
Not sun client Evidence to Hold Those al
Chicago for Conspiracy.


Chicago. Sept. 28-The anarchists
under arrest here are 20 go free. In the
hearing before Judge Chellain today
the prosecution said there was no evi.
dence against them aud agreed 20 their
discharge. Similar action Will bo taken
In the case of Emma Goldman in the
lower court
Emma Goldman received the news Of
the liberation Of her friends with q
laugh
II guess they viii have 70 Let me 60
now" she said. "It has been shown
tho men named as conspirntors with
me did not oonspire. and fancy they
would have trouble trying 10 show that
/ conspired all by myself"
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1901-09-24

81. Louis. Sept. 28.-Dr. Abram Lit
ton. an eminent scientist, a pioneer In
ST. Louis, who for 80 years filed the
chair Of chemistry both NJ Washington
University and St, Louis Medical Col
lcge. died at ms home hero from senili-
". aRed 81 years.
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1901-09-24

Christiana. Sweden, Sept %. "A
large section Of Begen burned Sunday
night. Two firemen were killed. The
damage amounts TO several million kro.
ner
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1901-09-24

Madisonvile, Ky. Sept 23--The gov.
ernor has been appealed TO for troops tc
hold in check the turbulent coal mino
strikers. a. a result an armed attack Is
looked for.
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1901-09-24

Buenos Ayres. Sept %. The Argsn-
tine consul In Rio de Janeiro reports
that the Brazilian government has an.
nounced the existence Of the plague in
that city.
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1901-09-24

ST. Joseph. No. Sept 23.-Ex-Gov.
William J. Stone is in the city in the
interest Of his candiiancy for the United
States senators6ip, He coaferred With
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1901-09-24
several Leading Democratic politicians
on the subject


Rio de JAneiro. Sept. 2S.-The Unit
ed States cruiser Atlanta has Just ar
rived at this port. The crew Is not al.
lowed to 90 ashore because Of suspi-
cious case Of illness on board.
Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1901-09-24

which the defense can rely for support.
Boththese physicians have pronounced
the assassin sane.
Promptly at i0o'clock court convened.
The clerk called the. names Of the. first
panal OF jurors NJ 1918 o'clock Ozol.
gosE was then brought into courtroom
The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1901-02-27

sDaily. fDaily except Sunday.
No. 81 runs through TO Columbia via CeD
srsl E. 3. Of s. G.
Trains Nos. 7s and 80 run Wis Wilson and
Fayetteville-short Line-aud make closs
connection for all points North.
Trains on G. s D 3. r. leave Florenee
isi.v except Sunday so N, arrive Daring
on % lb 10, Eartsv;lle Is q 81, Cheraw
IL 30 a u, Wadesboro as p m. Leavs
Florence daily except Sunday 55 p n, az.
eive Darlington 20 p N, Bennettsville 8 Is
o m, .Gibeen 9 As p N. Leave Florencs
Sunday only $50 8 N. arrive Darlington
10 0S N
Leave Gibson daily except Snndey SOC
N, Bennettsville z 0o n, arrive Darling
.os 90 m, leave Darlington 8 so n. ar
rive Florence 9 10 a m. Leave Wsdesboce
laily except Sunday 3 90 p m, Chersw 4:
N, Hartsyil,e 90 q N, Darlington s &c
N, arrive Florence 90 p n. Leave Dar
,ingtoa Sunday only 6 so n, arrive Flor
srce 8 l5am
J. r KEELEY, JNO. ?. DIVINE:
Gea'l Manager. Gen'l sup't
r. q. EMERSON, Traffic Manager.
T.u EMERSON Genu Pass. Agent
The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1901-02-27
TEe way to win Strength.

The Romans won their empire by at
tacking their enemies one by one. Be
sides this. they did not attack new
enemy until they had conquered the
old enemy. They went farther still
and like the English in cooquering In
dia used their late enemies, and this
is what we should do in learning and
practicing games and athletics. 1t is
Of little use TO try to conquer the whole
empire at once First conquer a part
and make 1t your own. Then proceed
to a second part and conquer that:
and. if you can. let the parts which
you have already conquered help 5ou
to conquer fresh parts.-Eustace H.
Mills in Saturday Evening Post
The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1901-02-27
The PIE Eaters.

Pie in New England is served in
many queer ways, especially the king
of all pies, the royal mince. Not long
ago there appeared sign in the station
Of staid, crooked and correct Boston-a
sign bearing the strange device, "Hot
Alince Pie and Ice Cream"
This is mild combination compared
with one that was served in this city
at midnight supper A Welsh rab-
bit was being made, and there were
some who did not care to eat it on
crackers; no toast in the house, for it
was the fires evening out A mince
pie was found lurking in the ice chest
and pressed into service. The rabbit
was spread over the pie, and both van
ished in short time. Those who ate
are still afraid in the dark, for they
can imagine that the same things are
coming for them again as came during
their dreams Of that wild, weird night.
4 local minister tells a pie story on
himself that is a 'corker." He is a
delicate man, and his wife was down
on pie for him and vetoed it for fami-
" use. Once he went to convention
in Pittsfeld. and q dinner was served
at which there were seven kinds Of
pie. The minister took little OF
each. please" and never enjoyed him
self SO much in his hfe.-Baltimore
American
The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1901-02-27
The Tolbert Shooting.
TOLBERT MOVED FROM
MCCORMICK TO GREEN
WOOD.
Both Lungs are Pierced, But
Wound May Not Terminate
Fatally.
gneeial to The State.

Epeeial to The State
Greenwood, Feb 22.-Jim Tolber'
was brought here today by his
brother r r Tolbert. and is nov IL
town az the home of his brother IN
law, ". b. Napier. r 3 Folbert
accompanied By Mrs James W Tol.
bsrs, left here this morning at !
o'clock for Mccormick, aud returned
with the wounded man on the Il Il
tgaia from Augusta.
DrJ. a Meldau came with them
and be. with Dr. G.. P Neel of enis
city. made an examination of the
Woands
One bali entered the right side and
pierced both lungs Il is regarded
as serious, but not necessarily fatal
The other proved 30 be 9 slight test
wound in the right arm
golbers was hurried TO the home O
Mr Napier, and when statement
VAS asked for late this afternoon and
t0nighs he was sleeping and nothing
was given ont A perfectly accurate
account of the shooting seems hsro
20 obtain. Dr. Meldau Gays that she
account from Mccormick as given II
the State today is aa nearly accurate
as can be learned
Tolbsrt was at work repairing one
Of ais houses IN Ghe town Of McGes
nick when crowd Of men wearins
their coats turned wrong side 90
and with masks over their faces. rod
ap to bin aud told him TO lesve Il
Eade hostile movement and one Q
the party called out to hin to sur
render
Tolbers then pulled bis pistol an
fred at the speaker, who EesaTnet
she FIRE, backing away from Tolses
at the time
The whole party then began to hr
ST Tolbers, who. as soon as bis pislo
was empty, ran for his life b
aodging behind obstrncsioDs he re-
ceiYed only two Wounds aud 500
got ont of range of the pistols h
vas moi followed
Mr 81 L. Martin, the other wounc
ed man. was able TO be up today
aad has returned to his home i:
Georgia
The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1901-02-27
oDs,ly except Sunday.

Train Ne 50 leaving Marion, n. C., at
. N, making close connection at Blacksbarg,
C, with the Southern's train No SO for Chac
lo,se, N C, and sll points East and connecting
with the southern's vestibule going 10 Atlanta
Ga, snd ell poiEte West, and will receive paa-
sen gers going East from train No 10, on the c B
N " z r, ut Yorkville, C, at 6. IS "a. and
connects at Camden, C., with the soushera 9
train No 7s, arriving in Charleston, II z
Train No s4~uieh passenger coach attaehs
leaving Blacksburg ss 8 80 y, and eouneesis
at Rock Hill with the Soutaern's Florida eTa1
FOR all poirts South,
Train No SO leaving cauaen. s g, at 1889
N, after the arrival of the Southern's Char.
lesion train connects at Lancaster. S c, Wita
the L i R r, at catawba Junction wies
tho e A L. going East; at Rock Hill, c, uSsa
tho southern's trais, No 81, for Charlotte. .
C, and all points East. Connects at YORK.
Vile, S C, with train No Q on the c q "
r. for Chester, C. At Blaeksburg with he
Southern's vsstibule going East. and the soata-
ern's train No IS going Wes,, and connestns
at Marion n C with the Southern both Sass aae
West.
SAMUEL HUNT, President:
6. TRIP. Superintendent.
ABB. LV"pKfN. GanT Paaseaeer Ag-af.
The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1901-02-27
MAIL STEAMER RIO DE
JANEIRO SANK. i
Hundred and Fifty Lives Were
Lost.

San Francisco. Feb 22.-Tbe Pscid,
Mail Steamer Rio de Janeiro ran on q
hidden rock while entering the Golden
Gate early this morning 10 dense fog
oae ssnk few minutes after striking
II is though: that nearly $50 persons
were drowaed, but it is impossible 70
..osrsala she exact number. owing so
me fac, that Parser John Rooney. vhc
bad the passenger liss aud roster ef she
rev, is among the missing.
AT 5 O'Clock this afternoon 10 bodies
dad bsen recovered. swo white vemen,
,ue white map aod seven Chinese
,he most prominent passenger 90 the
ss amer gas Rouosev,lle Wildmsn
Uosed States sonsul at Hong Kong.
gao vas accompanied BY his wife aDd
$50 children Il is ,houghs ali were
drowned.
The ship YES 10 command of Pilot
Frederick Jordan when struck BE
vas rescued Capt Wn Ward veoi
down With his vessel.
As nearly as can be learned there
were 234 people or board the Rio de
Janeiro.
The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1901-02-27
THE CUBAN CONVENTION
Nothing Definite Decided as to
Future Relations.

Havaua, Feb 22-Noshing de6nite
has been decided upon regarding the
question of future relations Many
Of the delegates assembled in the
Convention hall this afternoon TO talk
over the matter Informally Moss of
them seem to be impressed with the
conviction that if the Convention
stood out vigorously for absolute
independence the United States Con-
gress would support them
The special committee on relasions
has instructed It's secretary, Senor
Juan G.ulberto Gomez, to draw up a
proposition and eubmis the same to
the committee for consideration
This proposition, it is understood.
deals with the issue in three leading
division.
First That Cuba shall not be made
the base of war operations against the
United States
Second. That the commercial treaty
with the United States shall embody,
as far as possible, free trade between
the two countries, and
Third. That no foreign sreaiies
shall be made jeopardising the inde
peDdence of Cuba
The special committee considers
that the danger Of Cuba contracting
loans che might be unable to pay has
been guarded against in the Constl'
tuition
Instructions on this point and the
others were given TO Senor Gomez in
the form of notes and suggestions
Ii is understood that the question OF
payai stations was not mentioned
The committee will report Monday
ct an executive session of the con
yension.
At soday's session of the municipal
council of the city of Habana q reso-
aation vas adopted declaring that a
state of chaos existed in the council
owing TO the personal quarrels be
ween the mayor and the assistant
mayor The resolution also pointed
out that 800 business propositions
we're lying undeals with upon the
tables; and it direcaed that the
mayor and members of the council
mould hereafter attend the sessions
rgularly and transact the affairs OF
the city in business like manner
The fiscal is unwilling to say when
ne expects the ssial Of q p W.
Neele, the alleged possofice embez
zier. TO begin Written inteFrogsto
RES have been sent ont to witnesses
n the United States and the Philip
,lnes, and they in turn have righ,
TO send inteFrogasories here. No
doubt considerable time will elapse
oetore ali the testimony TO be useo
upon the trial is az hsud