davidaulloa/AmericanStories huggingface dataset:
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-10-13
BIG GUNS SWEEP HARBOR
Damage to Retvizan in Port Arthur Is
Confirmed.


Chi-fu, Oct. 13.-Local Russians con-
firm the report that the Russian battle
ship Retvizan was recently hit by a
shell from. one Of the big new Japanese
g &; but they say the damage 3s done vas
other shell burst near the Russian gun
boat Giliak, killing her commander and
injuring others. The Russians admit that
the new Japanese guns furiously threat
however, that the SO uadron at Port Ar
thur will remain inside the harbor until
the arrival of the Baltic fleet.
Tsing-tau, Oct. 13.-(Night)-The
correspondent of the Associated Press
learns, on most reliable authority, that
a high Russian officer who passed thru
Tsi%-tau yesterday on his way to
Shanghai, is making fabulous offers to
and that t. this $50 oficeT has admitted that
the supplies there are alarmingly low,
especially those of coal. =, -. b. -
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-10-13
COMMISSIONER CLOSES
BANK OF PLAINFIELD

Plainfeld, Wis, Oct. 13.-state Com
missioner of Banking Bergh has closed
the bank Of -PIainfeld. The bank Is
capitalized at $4,000 and has deposits
amounting to about sixty thousand dol.
lars. N. R. Drake, cashier and princi-
embarrassed thru injudicious invest
ment in commercial paper.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-10-13

Tacoma, Wash, Oct. 13.-Captain En-
lund, master of the Russian ship Gle
nard, which arrived in port Tuesday
night from San Francisco, reports hay
ing sighted Japanese transport while
coming up. He was some distance
away from the steamer, however, and
did not show his flag. The Glenard is
here to load coal for Australia.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-10-13
Surgeons Urge Canteen.

St. Louis, Oct: 13;-The most imp.or-
Of Military and Naval Surgeons of the
United States was the unanimous adop-
ton Of a resolution recommending that
the sale of beer be permitted at the
army post exchanges, subject to such
regulations as shall be determined by
the general staff and the secretary Of
war,
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-10-13
OPPOSITION TO BRADFORD
Iowa Congregationalists Will Cast
About for Another Moderator.

Des Moines, Iowa, Oct. 13.-The con-
servative element in the Congregational
church will oppose the reelection of
Rev. A. r. Bradford as moderator at
the convention which opened here this
afternoon, on the ground that he has
overstepped his duties and that his
acts smack of the episcopacy.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-10-13
GEIsHA GIRLS WOULD STAY
Jap Authorities Want Government to
'~ Send Them Home.

st. Louis, Oct. l3.-The question as to
pretty Geisha girls held prisoners here
has been put up to Commissioner Gen
eral Of Immigration Sargent at Wash
ington. The Japanese representative
here has asked that the girls be forced
to keep their agreement to leave the
country after their world g fair en-
gagement. The girls are in debt and
been offered rich theatrical contracts.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-10-13
ROCK ISLANDS ANNUAL
-Four Directors Reelected at Meeting
at Davenport.

Davenport, Iowa, Oct. 13.-The an
Chicago, Rock Island & Pacific, held
here today, was attended by R. R.
Cable, President B. L. Winchell, Vice
President John F. Stevens, General At
torney P. A.. Jackson and Secretary.
Treasurer George II. Crosby. The only
business transacted was the reelection
of four directors, William H. Moore, B.
e. Winchell, B. #. Yoakum and George
Ct. McMurtry for three years.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-10-13
FIERCE COUNTER ATTACK
Japanese Second Army Scores Against
Russian Advance.

Field Headquarters of the Second
Fu-san, Oct. l5.-During the night the
Japanese occupied the hills held by
the Russians on the right and center
of the line, the Russians falling back
distance of three miles. The Japan
ese infantry advanced within 1900
yards Of the Russian lines at noon and
defeated the Russians in a fierce coun.
ter attack, almost annihilating tho at.
lacking force, which made three
charges. The Russian artillery was not
silenced despite fierce Smelling al
day. ~. ~ -
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-10-13

and his speaking 70 Krumweide was
only bit Of pleasantly. He had never
threatened Krumweide for informing
Mayor Ames and for knocking, for
# KrumWeide was doing anything of
the sort the witness was not aware
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-10-13
LOOP-THE-GAP ARTIST HURT
Carnival Star at Atlantic, Iowa, Failed
to Clear the Space.

Atlantic, Iowa, Oct. 13.-At the car
nival here DuBerry attempted the per-
Torrance Of "looping the gap,'' in
which he rides down an incline on a
bicycle and jumps, a space Of about
and landed in bruised and bleeding
heap on the ground. He will not be
able to perform for some time.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-10-13

TO CURE A COLD IN ONE DAY
Take Laxative Bromo Quinine Tablets. All
I druggists refund the money if it fails to cure.
E. W. Groves signature is each box. 25c.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-10-13
.OKU TURNING FLANK
OF RUSSIAN ARMY
Continued from First Page.

on the Feng- huang-cheng road, the Jap
anese retiring before them. The news
from these mixed columns is three
DAVIS, old "... ..4'
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-10-13
The Toiaers I'm Our
Factories.

No workmeu in the world can do 50 nsscA
OF use the satpe Intelligence that Our own
American work-rnen and women are capa-'
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-10-13

Of Buffalo, NJ Y, discovered Q remedy
that is blood.maker and ssue-builder,
at the same time alleviates cough. Re
called 1t DR.. Pierce's Golden Medical Dis
covery-an Alternative extract that assists
in the digestion and assimilation Of the
food-so that the blood gets its elements
from the products Of digestion, the liver at,
the same time is started into activity and
there Is perfect elimination Of waste mat
ter. The germs of grip, malaria, catarrh
or consumption End fertile field if the
body is not kept in perfect order and
the blood pure.
Because the stomach is diseased there
is diniuution of the red corpuscles of
the blood. This is why one is sleepless,
languid, nervous and irritable. SensitiveI
stornschs groan aloud at the irritating cod.
liver oils, but they will get all the food
elements the tissues require by Using the,
"Qolden Medical Discovery"
The rDiscovery" Is absolutely non
alcoholic and non narcotic medicine.
There is nothing else "just as good"
DR.. Pierce's Pleasant Pellets, the best
laxative for old and young people. They
cure constipation and biliousness.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-10-13
Russian Ship HAS Marrow Escape.

advanced guards along the entire line
of thirty miles.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-10-13

pie OF. That IL why
America Is now beating
the world in, 1nauutac-I
lures !; all due to the
brain and muscle of cur
Van kee men Oh d.
women.
Unfortunately where
there is smoke, dirt and
dust and little sunlightt
there also can be foandI
the gertns Of disease.
Natxtess great disipfec-
taut 10 sualight, Il is.
ip the factory, the work.
shop, the office, that
med and women safer
from diseases which arc
in the dust and the bad
Aft. Sueh diseas Z,
gerrns enter intp the
blood IN two. Ways,
either through the
lungs Or stomach.
After years of expert.
euce Ii an active prac>
tice, Or. r. Y, Pierce. :
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-10-13
Sticks to His Story.

Mr.. Cary tried to show that the may
or expressly warned the officers against
accepting brides.
: "You remember, don't you,' asked
Cary pointedly, "that DR.. Ames called
you and other officers into his office
at the city hall and warned you that
he had been informed that members Of
the police force had been grating and
that any of them that were discovered
would be dismissed from the force9'
eff you will let me explain, I will
tell you what he said.''
"You answer the question: de-
manded Mr.. Cary peremptorily.
"Well, he said that he would dis
miss u.s. assented the witness.
Later on, however, Judge Kerr ascer-
tanned that what the mayor really said
was that if any of the officers were
doing any grating on their own hook
and without orders from himself they
would be dismissed.
Several attempts were made to badg-
er the witness, but Cary went too far
and was rebuked on several occasions
by Judge Harrison.
An effort was made to show that wit
ness had shown Henry Krumweide, then
appellee captain, a roll Of money, and
had asked him why he did not come
into the game. Norbeck admitted that
he had shown "a roll, but it was not
the proceeds Of the graft. He had re-
ceived it but that day from Wisconsin,
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-11-24
MARRIED.

WHITE-BODIE.-At their future res
idence, No. 457 Waller street. Salem
on Wednesday evening at O'Clock
Edmund X. White to Miss Florence
E. Bodie, Rev. P. s. Knight (officiat-
ing.
The bride is a popular young lady of
Lebanon, and has many friends both in
her home town and in this city, where
she has temporarily resided for some
time.
The groom is a splendid young man,
an empioye Of George Bros, and Is
held in high esteem.
They left on the evening train for
Lebanon, where they will spend a few
days with relatives. They have the
best wishes of host of friends for a
prosperous life.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-11-24
SALEM'S
NEWEST
STORE

The fine corner on Commercial and
Court streets, so long occupied by the
old firm of J. J, Dalrymple g. Co., is
now the new home of the Chicago Store
conducted by McEvoy Bros, and is
open to the public, bright and clean,
ready for customers, and Judging from
their first days rush they will have
plenty Of people to keep their forces
busy.
McEvoy Bros. started in Salem about
three years ago, with a handful of
goods, and have grown from day to
day, until they are now occupying one
of the finest store-rooms in the city.
BY thorough, practical knowledge of
their business, and adrOit u,e of priil-
ters' ink, they have built up a trade
which has surprised many of the best
business heads in Oregon. They now
employ ten clerks, do a strictly cash
business, discount their bills and make
money every day. They have faith in
this Western country, which they say
is coming 20 the front as no section of
the country ever did before, and they
are preparing to establish their trade
with those facts in view. All will join
in congratulating McEvoy Bros. upon
their well.earned success.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-11-24
PORTLAND MARKET.

Wheat-Walla Walla, sO@s2c.
Valley-s71ac.
Flour-Valley, straights, $A65Cl4s5;
graham, ,$350@$400.
Oats Choice white, $l.30@l.326.
Barley-Feed, $40 per ton; rolled,
$24.50.
Millstuff-Bran, $1,000.
Hay-Timothy, $l4.00@l6.00.
Potatoes-70@s0c.
Eggs-oregon ranch.
Poultry - Chickens, mixed 90915c
pound; turkeys live, l4@l5c, dressed,
16(917c.
Pork-Dressed, 515@6c.
Beef-Dressed, 415@6c.
Veal-6Q7c.
Mutton-Dressed, 315@5c.
Hops-leOs crop, 2s@S11ac.
wool-valley, 10000; Eastern Or.
egon, 10@l7c; MOhair, 2O@25e.
Hides-dry, 1s pounds and upwards,
15@15hc.
Pntter-Fane creamery, 25@30c.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-11-24
SHOOK
DICE FOR
ruHTEMIwuEQ
IWENIIES

Horace Mckinley, the timber man
now on trial in Portland, is gambler
by nature, no stake within his reach be-
ing too big for him, says the Eugene
Guard. Give him place on which to
stand, and he will wager the world. To
show his nature, we give an instance.
Several years ago he met "Bill" Royce,
himself something of speculator, and
dice was proposed. From an ordinary
stake they began to shake for $40 a
single throw The magnitude and possi-
bility of such gambling may be reck-
oned from the statement that by any
thing like strict attention to the game
two men may each have single shake
of the dice within a minute. Sixty
shakes an hour $1,000 would change
hands in the hour. On the occasion re-
ferred to, after shaking the dice till
daylight, Mckinley had all but $3.50 of
some $1,000 that Royce started with He
wanted to quit, but the loser insisted on
a chance to get even Mckinley told
him yes, that he would shake him for
all at one shake No sooner proposed
than the $500 stakes were up. McKin-
ley won. 1t was but few evenings
previous, though, that Royce took 5000
from Mckinley the same way.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-11-24
ONE MAN
GIVES
TIL MIC
IHANNC

"Uncle Bill" Anderson says he is
mighty thankful today, and has several
things to be thankful for. The one
thing that he is particularly glad about
is that Thanksgiving only comes once
a year.
He says that "chiekens always come
home to roost,' and that all his
" Chicks" are at home today. He thinks
that he will survive and be able to pay
100 cents on the dollar, but he says
that the agreeable shock is about all
that he can stand every IL months.
Turkeys and sweetmeats galore are
on the Anderson bill of fare, and it
may require The services of a physician
to get "Unele Bil' in proper condi-
tion tomorrow.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-11-24
Change in Firm.

J. G. Reigleman and W. F. R. Smith
have formed a partnership, and win
conduct a general blacksmithing and
wood working business at 100 Chemek.
eta street, Mr.. Smith having purchased
the interest of g. Schultz.
Mr.. Reigelman has been at the pres.
ent stand for seven years, while Mr.,
Smith is well-known, having been in
the shops in this city for the past II
years. They invite their friends to
call on them.
ll-14-lm REIGLEMAN & SMITH.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-11-24
BENTON
COUNTY
EXHIBIT

The Corvallis Poultry association
takes pleasure in inviting poultry fan
ciers to Corvallis, December s, and
10, the occasion of their first annual
poultry show. Mr.. C. G. Kinds, of
Alameda, California, who bears the rep
ytation of being the best poultry judge
of all varieties on the Pacific Coast
and stands without peer in the poul-
try fraternity, will do the Judging.
Judging will be done by score cards,
and, whether your birds win or not,
you will have something by which to
show their value.
Men Of practical business experience,
well known integrity and absolute
fairness, have this exhibition in charge.
We extend hearty welcome to all,
whether a member of the association
or not. Our premiums are liberal and
will be promptly paid; your birds
will be taken care of; you know the
reputation of our judge and you can u
afford TO stay away from Oregon IS
first and largest poultry show this sea-
son. inlIRl
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-11-24
ANNOUNCEMENT

I hereby announce myself as an In
dependent candidate for the Office Of
City Marshal for the City of Salem. 1
respectfully ask the support of the
citizens of Salem, without regard to
party, for the Office, pledging them the
enforcement of the city laws, if elected
to the position, at the next regular
election, December 5, 1904.
j. L. SKIPTON.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-11-24
sure Cure for Piles.

Itching piles produce moisture and
cause itching. this form, as well as
Bling, Bleeding or Protruding Piles
are cured by DR.. Bo-san,ko's Pile
Remedy stops itching and bleeding.
Absorbs tumors soc jar at drug
gist, or sent by mail. Treaties free.
Write me about your case. DR.. Bo-
sAnko, PhilA.. Pa,
Fore sale by DIR. s. O. Stone, druggist.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-11-24
Funeral at MacleaY.

The funeral of the late d. r. s. DALEY
was conducted by Rev. P. s. Knight at
Macleay this morning. Judge Waldo
and family came hastily from Portland
to be present. Mr.. Daley was a pioneer
of 1s45, and had long looked upon the
Waldo Hills as his home. He was So
years old, and unmarried.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-11-24
HOTELS
The Willamette.

The Willamette.
]. c. Wolf, Silverton.
A. f. Cherry, Astoria.
c. p. Jordan, Portland.
VIM. Bray, Portland.
L. Samuel, Portland.
F. r. Hanke, Portland.
Oscar Hartegal, Seattle.
b. F. Walling, San Francisco.
r. E. Mason and wife, Albany.
D. P. Campbell, Chemawa.
A. r. Bell, Dallas.
p. Hamilton, McMinnville.
Henry Jacobs, San Francisco.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-11-24
Buggy Comforts.

These cold days of approaching win
ter, persons who drive want the great
est possible amount of comfort en- their
trips To supply this need the Mitch
ell, Lewis & Stavcr Company, have put
in the most elegant line ever brought
to Salem of woolen lap robes. Call
and look over the immease supply, and
you will be satisfied.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-11-24
A Runaway Bicycle.

Terminated with an ugly cut on the
leg of j. b. orner, Franklin Grove,
III. 1t developed Stubborn ulcer un-
yielding to doctors and remedies for
four years, It's just as good for burns
scalds, skin eruptions and piles, 95C
at J. G. Perry's drug store.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-11-24

Harritt & Lawrence.
Eggs-Per dozen, 30c.
Potatoes, Vegetables, Etc.
Potatoes-1'Ac.
Onions-2hc.
Wood, Pence Poets, El~
Second-groN'th--$4.50.
Big fr-$5.O0.
Ash--$5.00.
Oak posts-.15c.
Cedar posts-10c.
Hlces. PeIrs ard EuFa
Green Hides, No. 1-Sc.
Green Hiues, No. 2--4c.
Calf Skins-4Q5c.
9heep-75c.
Goat Skins-1bc to s1eH
Grain, Hops and Flour.
Oats Buying, 81 40@l.50.
Barley-$23@23.50.
Hops-27@31Ac.
Salem FIGURING Kills.
Flour-Wholesale, $40,
Wheat SOc.
Live stoelt MGrksA
Steers-2@215c.
Cows--i91Tc.
Sneep-$1.50Q2.00.
Dressed veal--4@6hc
Fat hogs-5@6hc.
Hay, Fesd. Eto.
Baled cheat-$1a0C.
Baled clover-$1l@12.
Bran-$22.
Eggs, Butter and Cream.
BY Commercial Cream Co.
Eggs-271sc.
Butter-2715@30c.
Butter fat-27hc at staaior.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-11-24

want TO buy team, wagon
and harness, suitable for farm. Team
must weigh, each horse, 1900 pounds.
Wagon 5 or SIainch skein; harness in
proportion George VIM. Gray,
ll-2s-lts
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-11-24
MARKET QUOTA
TONS TODAY
"Make Salem a Good Home Market"

PouItry--at steIners Market
Eggs-Per dozen, 30c.
Hens-7c.
Young chickens-7c.
Ducks-9e.
Turkeys-121a to lac.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-11-24
1t Appears

On the wall. The handwriting at the
feast, This part is one of the most
dramatic in the Performance.
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-11-24

Ladies-Troubled with a growth of hair
ON the face can find sure, painless
and easy cure cure. Warranted harm
less. Send one dollar and address.
Lock box AZ, Portland, Or.
ll-23-lms
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-11-24

saw-Filing.-Priees only 20 cents here
after. Now is the time to get your
old saws fled A. olinger, at Rig
don's, Opera House Block. ll-2s-sts
Daily capital journal. (Salem, Oregon) 1903-1919, 1904-11-24
NEW TODAY

Grand Masquerade Ball-By Wood
men of the World degree team, De-
eember 2S, 1904, at the Holman hall.
Reserve that date for a good time.
lice I'd
Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-01-15
High Tent Visitation.

The High Tent visitation paid Union
Tent, No. 81, Order of the Rechabites, We'd
nesday evening was the beginning of a
series to be made to all the Rechabites in
this vicinity within the next three months
Those who accompanied High Chief Ruler
William B. Kelly Wednesday evening were
James H. Dony, high secretary; John l.
Bunch, acting high deputy ruler, and John
r. Mahoney, acting past high chief ruler,
who also acted as visitor and lecturer; Jo-
seph c. Eller, high levite, and j. j. Murray
high shepherd.
The High Tent officers eulogized the MEM
bers Of Union Tent for belonging to a tent
that has had longer continuous existence
than any other tent, and referred to the
Rechabite for thirty years
The roll call Of tents showed delegations
present from Union, No 81; Harmony, No.
1920; Advance, No. 1908; Eagle, No. q;
Jehu, No. %, and Columbia. No. j. The high
chief ruler made talk in favor Of placing
an organizer in the field, and was seconded
along that line by John c. Moore and John
R. Mahoney. Remarks were made also by
Messrs. Dimmick and Bright of Advance
Tent Lee and Murray of Jehu Tent, Eller,
Berry Crown and Burns of Columbia Tent;
LeStrange, Little, Townsend Davis. Alex
ander Emory, Cole and Rudolph of Har-
mony Tent George d. Chace, past chief
ruler of Harmony Tent, hau charge of the
ceremonies under good of the order. Re-
freshments were served under the direction
of F. ]. NJ. Boyer.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-01-15
BOYCE TRACT FOR PARK.
Commissioners Requested to Make
Favorable Report on Pending Bill.


A committee of prominent women Of
Georgetown. headed by Miss Louisa Rit-
tenhouse, Miss Peter, Mrs Dunlop and Mrs.
Magruder, called upon Commissioner Mac
farland this morning and asked for favor
able action by the Commissioners on the
bills introduced at the committees request
by Senator Gallinger, and referred by the
Senate committee on the District Of Co.
lumbia to the Commissioners, providing for
the purchase of the Boycs tract for park,
and for the construction of bridge over
Rock creek at Q street.
Mr.. Mcfarland promised to lay the re-
quest before the Commissioners
At the request of the committee Mr.. Mac
farland subsequently introduced the ladies
to the Senate committee on the District of
Columbia, to whom they presented a petit
ton signed by 200 women, headed by Mrs
Kennon, in favor of the passage of the
bills.
The committee left for the Commissioners
and for the members of the Senate commit
tee and will place before the House COM
mittee on the District of Columbia, later
copies of a printed statement which they
had prepared setting forth the needs of
Georgetown in the way of public improve
mentS.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-01-15
ALLEGED IRREGULAR PAYMENT.
Corporation Counsel Considering Steps
for Reimbursement of District.

Commissioner West has written to the
corporation counsel inquiiing as to what
action has been taken by that office relative
to the alleged irregular voucher for 5000
issued by the boar1 of education about
three years ago, purporting to be in pay
ment for set of maps furnished by Mr..
John c. Parker, but in reality used to
satisfy the claim of Miss Johnston for
photographs furnished the board of educa-
ton for the Paris exposition exhibit. No
response has not yet been made to Mr..
Vests request for information.
AT the office Of the corporation counsel it
was stated today that the papers in the
case are in that officials hands, and he has
given the matter mis- attention. While the
attorney for the District declined to state
just what has been done regarding the
matter, it is believed that he has taken
steps looking toward the collection from
Mr.. Parker of the $500, claimed to have
been irregularly paid
The matter was presented about six
months ago to the federal grand jury,
which declined to return any indictment in
the case. Several weeks since the Commits
sioners forwarded the papers to Mr.. Duvall,
with instructions to proceed in the case in
such manner as the circumstances and
facts warra nted.