davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-05-21

eept me ducKs BENG n place the signal was
given for the sport to begin The experiment
has never been repeated. Since that time In
TACT only the natural product Of the preserves
Is shot At Marty there are many roebuck. But
n is characteristic Of President Loubet's kindly
disposition that ne cannot bear to see one Of
these gentle creatures killed. So they run I'M
harmed, fat and multiply. C. B.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-05-21

came Tamagno. Novem Victor Maurel Leonca-
yaIlo. Perosl he Is q Macanas: now he CT
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-05-21
HAPPY SCHOOLDAYS.

The Parson-Wen, my boy, you seem IN a
great hurry to get to your school to-day
Boy-Yes sir. Bill Jones Is going ter sft a
bird OF a licking this morning for playfnx
hockey. and 1 don't want to mics h-Puck
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24
DID NOT KILL BERRY.
Boutwell, Puiford. Savanna's Wealth.
lest Citizen. VIII Prove nm Abb.

Boutwell, PuIford. Savannas Wealth.
lest Citizen, VIII Prove nm abb.
SAVANNA. ILL.,, May 24.-Bothwell
Pulford, the wealthiest citizen of Sa-
wanna. has denied reports that he IL
the slayer of Attorney Daniel s. Berry,
former leading member of the ILL
nois Legislature Attorney Berry was
mysteriously murdered at the door OF
his office, and il Is said that the cir
cumstances Indicate he was killed by
the husband OF a woman to whom Ber-
ry is reported to have paid attentions.
Pulford claimed TO be able to estab-
fish Il complete alibi showing that he
was in his store ut the time Of the
shooting
Pulford is past fifty years of age and
is reputed to be worth 100000 His
philanthropy has made him one of the
most popular men in Savanna He
has Il wife and two grown daughters.
one of whom is married. Berry also
was Il married man. The coroner's in
quest is now in progress.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24
ANOTHER
APPEAL
Mary Rogers Case TO U. S.
Supreme Court
ONE MORE CARD T0PLAY
Attorneys, However, Hopeful That
il Will Not Be Necessary 10
Use Il.

Tho Boston Post says, That an al.
verse decision 81 the supreme court OF
Vermont will not end the battle for tho
life Of Mary Rogers now under sem
icnce Of death az Windsor jail, has
bcon evident In an interview with ono
Of The az )rneys for the petitioner. Tho
Post reporter was Informed that II
the supreme court refuses % grant
another trial, a hnal effort IN
shape Of an appeal 10 the United States
supreme court will az once be made.
Ia fact preparations Ia anticipation
an ad crse decision have already been
made and no time will be lost 10 maxi
ing the appeal IN the event OF the su
prcme courts refusal TO act
As but two weeks or less remain be-
fore the scheduled execution Attor-
neys Scnier aud Molonsy will drsi sp-
ply 10 the Federal court for stay OF
execution and afterwards make their
iiosl plea for a new trial before this
AoutAs ~ - HuA'A1NNNA tNhh luuue
sufficient to deiray the expenses of
such a proceeding will be contributed
by these two lawyers, with Attorney
Charles Mccarthy and a few friends IN
Bennington who have been working
steadfastly TO save the woman from
the gallows.
1--WE expect. OF course, " said the in
formant, that the supreme court will
grant our plea and give Mary Rogers
the chance that she really deserves.
We are satisfied that our plea was a
strong one, that the evidence and affi-
davits, despite the claims OF Gov Bell,
we're ample enough to warrant the re-
spite which he gave her.
1--WE feel that We showed conclusive
proof of the woman's irresponsible
mental condition and the fact that she
was more sinned against than SHINING,
and we think already that we have
saved our client from the gallows.
"Should il prove oiherwise, how
ever, should the supreme court refuse
to grant the prayer of the unfortunate
woman, we have one more card to play
and we are certain that it will prove a
winning one We will appeal to the
supreme court of the United States for,
first, a stay of execution, and, II this
is granted, a new trial before the high.
est tribunal in the land. We have our
plans already made and here will be
no delay. We will be forced to act
quickly as the time remaining is so
short.
"But if Mary Rogers goes to the
gallows eventually it will be only az
ter her lawyers have made the stifiest
battle that was ever waged in Vsrmont
to save a human life"
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24
OPEN WAR NOW IN STRIKE.
Chicago Express Companies wiz Vet
H.iustnte Union n~n.

Chicago Express touipanies VIII Vet
H.insiate tuiaa M~a.
CHICAGO. May 2i-All prospects OF
peace in the tcamsfcr. strike have dis
appeared. aud lt will be- open war from
this flm" on The last conference look
iug iowu.d o. peacoahle adjustment
wa. held last night between james B
Barry. business agent for the express
drivers union. aud tile locnl managers
0f thc seven express companies.
When the meeting took place the
conversation was brief aud pointed
Business Agent Barry Opened the no
goilations by saying. "Our position Is
this. want all the men rcInsiatcd cx-
ccpt those who have been guilty OF vio-
lence I cannot do anything different.
That Is what the local union wants.
and that is what the local officers have
told me 10 demand That Is all can
do. The men told me they al want 20
60 back Ia a body or they won't go
back az all. That is the position OF the
union aud the uni-n officials"
The reply Of the representatives OF
the express COMPANIES was brief. It
was. our opposition 10 the relnstate-
ment Of the men viii be the Same four
!ears from now as II Is today. We will
not take them back under any clrcum-
stances"
This brought the conference 10
cloge. and all pa.ties concerned In Il
left the city hall
The spread OF the strike was not as
large as was anticipated, II being I'M
derStood in many quarters that there
was still a possibility OF peace being
reached. however. Four hundred and
sIxty-two drivers employed by twenty
eight firms belonging TO the Lumber
mems association went out In a sym
pathetic strike
Sheriff Barrett said last night
AT the first outbreak OF trouble
when in any way approaches the riot
ing we have had shall call for troops.
The minute the strike riots get beyond
me l will appeal TO the governor, and
the troops will be on the ground within
less than two hours"
Every preparation has been made for
prompt response by the national
guards, and n large consignment OF
riot cartridges has been received.
These differ from the ordinary rife
bullet in that they contain three buck
shot each in place OF the single steel
bullet.
Three hundred egg gamblers employ
ed by commission merchants here have
gone on strike. The cause was failure
to secure raise in wages
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24
ALIENATION or AFFECTIONS
Barre Blsskimllh Sao, Two Men for $4,000
Zach

Barre. May - -Jusius keichum aud
Fred Cheney we're arrested last even
Ing by Deputy Sheriff n. d. Camp on
county court writ the writ being
sworn out by Frank Yoariaw, a black.
smith ~ thl, place who charges the
men with alternating the affections ~
Mr, ioariaw Damages are placed a.
$1,000 10 each case Both men fur.
nlshod bell aud were released. Mrs
Yeariaw Is q sister Of Kclchum and a
cousin Of Cheney.
IL Is alleged in her behalf that she
vent % Orange recently 30 visit rela
lives and when she returned home she
was locked oui by her husband. Mf,
leariaw then vent "a the home ~ her
brother Jusius koichnm Tor shelter
where she has rcmaincd since that time.
Mr. aud Mrs Yeariaw have one daugh.
Ter about T. years old.
=. a. Sargent and r. $. william
are attorneys for leariaw.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24
VETOED BY
GOV. Higgins
Bill to Lesitimatize Stringer
Child Killed.
EXECUTIVE GAVE REASON
Measure was an Insult 10 Every
Faithful Wife and to Woman
hood Itself.

ALBANY. y. y. May 20 A bin in.
troduc,d 10 lcgtlmatizo child born
out of wedlock. which caused consid-
cradle comment but little opposition
IN its passage through the legislature.
has been ycto'-d by Governor Higgins
The measure introduced by Assembly
man Stanley Of New York. Is entitled
AN act Tor the relief " Adelia Quec.
ME Barker"
Ia expressing bis dlsapproyal the
governor says.
This BIN presents nn astonishing
proposition. but the most astonishing
thing about DO u that 10 passed both
houses unnoilc'd and without opposi-
ton ar discussion. u is nn insult 20
every faithful wife and 10 womanhood
Itself The bin recitcs that Adolla
QuconIe u the iliogitImatc infant child
Of Charles Bell BARKER and Adelia Ger.
trudc StrIngor aud enacts that child Is
thereby made the legitimate child ~
~ said parents Ia all respects. tha
same as n said child had been born In
lawful wedlock.
''rhe father az the time ~ the birth
Of the child had and now has a lawful
wife living He aud the child's mother.
with hrazcn lmpudcnce and utter dlsre-
gard Of the rights Of tie lawful wife
and the rules Of morality. unite IN
petition Of the legislature 10 lcgitima-
tie the issue of their lawless love.
III this bill should be- approved a L.
gal status would be given 20 a semi
polygamous relation and concublnage
would become an honorable estate"
Mr. Barker. who has apartments at
the Marlborough hotel New York. said
that IN the summer Of 1901 he entered
into an agreement with Miss Stringer
10 allow her $1,000 a year pin" mon
ey. she binding herself to care for and
educate the child. This sum was later
reduced by one-half
Mr. Barker said that he proposed
marriage to Miss Stringer on numerous
occasions. but each time she declared
she would not marry the best man
living. He told In court Of her relations
with different men and said he wanted
to obtain control of the little girl on
the ground that IL was being neglect
ed. received no motherly attention and
was always in the care of nurse.
He declared he dearly loved the child,
who had warm affection for him,
and he had ample means to provide for
all wants. He declared that Miss
Strnger Informed him recently that it
was her intention 10 go on the stage
and that she was going to place the
girl in convent
The litigation for the recovery of the
child was begun March by the insti-
tuition Of habeas corpus proceedings.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24
MANCHESTER DEPOT.

eli Dench was 10 Rutland on busi-
ness Monday.
The silver ware for the new hotel
"Batieukill Inn" has arrived.
Harry Cunningham has commenced
work Tor the Express Co Tor the sum
mor.
Regular convocation 81 Adomiam
Chapter 80 ~ RAM Thursday even
ing May 18th.
Mrs Ana Ad who has been Wis.
iiing boz Peru for two weeks returned
last Saturday.
Express Agent, NJ SChilds has re-.
turned from visiting his father at
Dcerheld, Mass.
Mr. aud Mrs G y Care.to spent
sunday In Londonderry. Mrs Garlic
ton will stay one week.
Burr and Burton base ball team go
10 Poultney 10 play theTCA team Sat
urday. a bard game Is expected.
Miss Dorinda Burt and Mrs Susan
Lakin OF Peru have rented the Real
Estate Agent.W. G. Lampson the Will
son house az East Dorset.
Miss Clara Marden teacher at the
Center and Mrs Myron G. Taylor were
IN Arlington last Saturday and Sun
day.
The Helmets for the band whichcom-
pletes the new uniforms have arrived,
they are beauties, the boys will shine
Decoration day.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24
SPECIAL DAY SET
Byy IS. For the Residents to Clear Up
Grounds

Byy IS For the Residents to Clear Up
Grounds.
Alta recent meeting Of the Village
Improvement Society 10 was voted 10
request all residents Of the Village
to observe Saturday, May 9th as a
special day to improve and set In or
der their house grounds that the vii
lage as a whole may present a neat
and attractive appearance for Memo.
rial day.
This custom OF setting apart a spec
ial day for village Improvement has
been observed by many towns with
good results
tits also suggested that II the public
generally would refrain the year
around from throwing papers, empty
bags or banana skins on the pavement
or in the cutters the appearance Of
our streets would be greatly inn
proved.
Y =
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24
fIFTlETH ANNIVERSARY.
Pleasant c,lshrsiion AZ Arlington Last Sssk
Friday.

ifIuhN.
Friday afternoon May 1911 Witnessed
a large gathering of ihe friends and
relatives OF SIR and Mrs Henry Par.
sons a. their home 20 celebrate the
liileih anniversary az their marriage.
over eighty invitations had b cn IL.
sued, about sky people were present
Those from cut 90 town were. Mrs
Eliza Oaiman. nlllsdalc, MINI; Mr.
Hattie Parsons, sprlngboro, Pa Mrs
Chloe Miller. Hooslck Falls. Joseph
Parsons, wife and son. North lion.
ninglon; w. l.. Buck. wife and daugh.
ter West Rupert; e.. =. Buck, wife aud
family. Manchester SIR, Seth Andrew
and two children, White Creek; l. G..
King, Mrs II. S. King and tao daugh-
tors, Manchester Depot, Miss Jennie
log, Sunderland.
Tho guests torc received boy two
daughters, Mrs ". L. Buck aud Mrs
e. r. Buck aud then presented them 10
the bride and groom u diiy years.
Tho table was neatly decorated with
cut flowers, white carnations and pan
sis, 10 the center was a large cake
iasiofully ornamcnicd with gold and
white irosling.
Refreshments OF rolls and coffee,
meats, ice cream and cakewe abund.
autly served.
Mr. aud Mrs Parsons we're the recip-
lent, Of many beautiful and valuable
gifts in gold, silver and cut glass,
showing the high esteem DO which they
are held by a host Of iriepds. 10 was
also Mr Parsons sevoniy.hrst birth
day. H., wife, Lydia Ann King, is
two wears hi. junior She was the
daughter Of Spencer King who was
resident OF Sunderland.
They have been blessed with nine
children all Of whom we're present ale
80 eight grand children we're present.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24
Police GRAFT In New Orleans.

NEW ORLEANS, May "a. 49, The
grand jury presented indictments
against two commanding officers of the
police department in connection with
sensational report of the existence of
corruption on grand scale in the po-
lice and detective departments. The
jury declares that lottery shops and
gambling exist with little interruption
on the part Of the police and that the
Sunday law is openly violated. These
violations of the law are possible, 1t
declares. because the police are in re-
celpt of corrupt money to permit them.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24
ANNUAL EXAMINATION.
To Bs Held In nu'llnsion Wednesday Idly 2
a y o'sloek.

Tho annual examinations for clerk.
deputy collector aud day inspector Of
the First Grade, and messenger aud
night Inspector Of the Second Grade,
10 the Burlington Customs District
will be- held Ia Burlington on July ~,
1905, az o'clock a. "a.
Tho ago limit Is - year, or over.
aud all applicants must b. citizens Of
ihe United States.
The required application form and a
pamphlet containing specimen cxami.
nation questions aud the regulations
governing examinations for this
branch 81 tho service, can be- secured
from T.. l.. Alexander az the Custom
House, or T. T.. slebblns, soo'y Board
Of Examiners. Boston, Mass 80 app
pllcailon will b. accepted for this cN.
animation which Is received by the lat
Ter later than p M. June ~, 1906.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24
ASSASSIN
OF SERIOUS
Pays Penalty Of Ills Crime
on Scallold
HAD NO FEAR OF DEATH
Gloried in His Aci and Denied
that he Had Ever Asked
for Pardon.
HAD NO FEAR OF DEATH

ST. PETERSBURG May 2i.-lt was
somloilicially announced that Ivan ila.
icicf. who murdered the Grand Duke
Scrgus nt Moscow. was hanged 90 3
o'clock Ia the morning Ia the prison
yard here.
ON the scnlold Kalelea made
speech. IN which be snid
1T h said that asked Tor pardon.
II lsa DO. am faithful 10 the irad..
lions OF the Peoples VIII. do not ask
sny favor. am glad 10 die"
The Peoples VIII Is the name f'r.
mcrly borne boy the party Identical
with the present social rcvolutionar.e,.
Grand Duke Scrglus. uncle and
brotherin-law Of Emperor Nicholas
and former governor general Of Mos
COW. who had been condemned 90 death
by tic terr0rists on account ~ bis be-.
verify in suppresslng student and 9th
or outbreaks in Moscow. was driving
from the Nicholas palace In the Krem.
lin toward the Nikolsky gate when
bomb was thrown beneath his carriage.
killing him instantancously wrcckng
the vehicle and MORALLY woundlng the
coachman.
The grand dukes head was blown
from his body and reduced 10 a shape
less pulp, and the trunk and limbs
We're frIghtfully manglcd The assas-
sin was eventually identified as Ivan
Kaleien. The man gloricd In his crime
and expressed satisfaction at the fact
that he had been able 20 kill the grand
duke without Involving his innocent
wife. the Grand Duchess Elizabeth.
AT Riga the chief OF police Of the
Snylten district has been shot and Sc
riously wounded by band Of roughs.
Ten arrests have been made In connec-
ton with the shooting.
Captain Clado. whose dismissal from
the navy has been gazetted. has com
menced suit against the admiralty for
the restitution OF his rank.
A Warsaw report says that since the
PRONUNCIATION of the emperor's ukaso
concedlng liberty Of worship and abol-
ihing the religious disabilities OF the
roman Catholic and other religious
Christian communities 10000 persons
are reported to have left tho Russian
church for the Roman church In the
governments OF Siedlce and Lublin.
The censor has ordered the Polish
press not to make any reference to the
subject.
a Chefu dispatch tells Of the ar
rival Of forty-four lunatic Russian sail
ors and soldiers from Port Arthur in
Guiding violently insane lieutenant
who was on the Sevastopol during the
siege, and who were Immediately trans
ferred to the Russian improvsed hospl-
tai ship Whampol under the British
flag for transportation direct to Odes-
sa.
The scene was extremely pathetic as
the chattering imbecies mounted the
decks of the steamer and entered cages
which mcloSed the main matches and
surrounding deck space provided for
their liberty and comfort during the
passage through tropical zones.
A rumor of the death of Admiral
Roiestvensky is in circulation here.
General Kaulhars, who succeeded
General Gripenberg, is i'll and is re-
turning to Russia.
General Linevitch has informed the
ear that the japanese have begun an
offensive movement along the whole
line
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24
Our Consul Protected Missionaries.

WASHINGTON, May pa. E. Bish-
op. secretary of the Central American
missions at Guatemala city. has sent a
message containing an account of riots
which took place there and reporting
with qualification the active steps TAX
en by American Minister Coombs to
protect the missionaries and punish
persons guilty Of violence against
them. He says that after the rioting
the government without protest paid in
full all damages sustained.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24
Kniser Is NOT Alarmed.

WIESBADEN. May 24-Dr Zunc-
ker. body physician to the empress. has
arrived in Wiesbaden and examined
the wound in the empress head caused
by her fall downstairs. Apparently
Gerc is no change for the worse in her
uatcSty's condition.. and the latest
neV is that she is doing wei E.nper-
or William took an automobile ride
during the day and in The evening at
tan ci q ,heater.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24
PRIZE DRILL
Held In Armory Hall Tuesday Evening Won
By Private McNaIIY.

The first round in the prize competi-
tive drill between the members of Co
X was won after a sharp contest by
Private McNally Tuesday evening at
the armory.
At this meeting the company oted
to attend the Memorial day services at
the End Congregational church, Sun
day evening, May 2S. Regular drill
will be held on Monday next week in
stead OF Tuesday as the latter falls on
Memorial day, on which occasion Co.
X joins with the local GAR in the us
ual parade and ceremonies.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24
BAND CONCERT

To Be- Given This Evening At The Putnam
House.
The following program will be rem
dered by the band this evening:
Benningtonian, Two Step
r.. O. Goldsmith
Enticement, Gavotte j. Hecksr
Yankee Consul, Selection
Alfred Bobyn
Mexico, Two Step Cole & Johnson
Intermission
a Southern Reverie, (Morceau Char
acteristic) Theo. BendiX
Cupidietta, fntermezzo Theo. Moses
March, Selected II. O. Goldsmith
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24
RUTLAND WARD POLITICS
Supreme Court Hears Dispute Over Alderman
ie Election.

Montpelier, May 23.-Practically
the entire time in supreme court today
was given up 70 the quo warranto pro
ceedings by which Edward Pomeroy,
OF Rutland seeks TO Gus. Guy O. KEEL
ton from the Office OF alderman. Pom
eroy, who had previously been an
alderman, was defeated last spring on
the face OF the returns by vote Of
ll6 to III. Pomeroy claims that three
votes which should have been counted
for him were thrown out. Both par
ties make charges that votes we're pur-
chased with money and liquor.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24
NORTH WHITE CREEK, N. Y.

Captain f. S. Bailey is dangerously
III. DIR A. S. Clark of Cambridge is
attending him.
Mrs Louisa Barton OF Cambridge is
spending "A few days with friends here
J. Ellis Bailey of North Bennington
is home for a few days.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24
HORSES FRIGHTENED.

At Electric Cars and Run Into q lish 4
Buggy.
A pair of horses belonging to Henry
Harmon were frightened by the cleo
trio cars near the j. Ed Walbridge
store late Tuesday afternoon. They
were drawing heavy wagon which
ran into a light buggy completely
wrecking one wheel. The people in
the buggy jumped out and were not
injured.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24
AT MASONIC ROOMS
Enjoyable Social Evening Given by OES on
Tuesday.

A most enjoyable evening was spent
by the members of Masonic fraternity.
the OES and their friends at the Mas
onic rooms Tuesday evening.
An entertainment and social time
had been prepared by the OES and
the evening was occupied in dancing,
card playing and other forms of amuse-
ments. Ice cream and cake we're
served
The affair was informal and the
evening was an especially pleasant
one.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24
ToDAYS STOCK QUOTATIONS
Selling P,lss, Toda, On New York Exchange
AZ Noon.

Today's quotations ON the New
York stock exchange as reported ai
noon by j. r.. Willision.& Co, OF 2
Nassau street, New York city 10 The
Bennington Security company are as
follows:
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24
FATALLY INJURED

Chief of Police and Russian Pole Wounded
BY Bomb.
Warsaw, May 24.-Chief of Police
Siedlee and a Russian Pole were fat
ally wounded today by the explosion
of bomb.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24
ZEIGLER DEAD

Capitalist Promoter Of the Arctic Explorations
Passes Away.
Newton Conn, May 2l.--Wm Zelg-
Ter, the capitalist promoter Of the
Arctic explorations Is dead.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24
NOT ISOLATED.
Railroad and Telegraph Connects VIadivostOk
With Outside World.

Harpin, May A.-Vladivostok is
not isolated as has been reported.
The trains are still running aud the,
telegraph is yet in working order
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24

There will be a social dance in For
esters Hall Friday evening
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24
Weather.

Fair, warmer tonight and Thursda
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24

Chicago, May 24.-The lumber yards
in and about Chicago are all idle.
The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-05-24
PRES. HARPER FAILING.
Relapse From Old Troube-Lum Der Yards
Idle.

Chicago, May 24.--President Har.
per of Chicago University has nd
relapse from his old trouble, cancer,
and death is regarded as certain.