davidaulloa/AmericanStories huggingface dataset:
Carolina watchman. [volume] (Salisbury, N.C.) 1871-1937, 1906-04-11

l hereby announce myself a can
didate for the State Senate SUBJ
inct to the action of the Democrat
ic primaries and convention of
Rowan county.
Carolina watchman. [volume] (Salisbury, N.C.) 1871-1937, 1906-04-11

SIS will buy this POSTAL TYPEWRITER. 1t
is the very thing for ministers. lawyers, doc
tors, merchants. stone contractors, &c 1t is
made Of the best material, made for service
and to last; and will do the work of the more
costly; visible writing and universal key
board. It can be had.on time, and at a liberal
discount to the clergy for cash. Write x. L..
Brown, No. g, Salisbury, N. G. SN At pd
Carolina watchman. [volume] (Salisbury, N.C.) 1871-1937, 1906-04-11
Announcements.

hereby announce myself a CAN
didate for the office Of Sheriff of
Rowan county subject to the &C.
tion of the Democratic primaries
and convention.
Carolina watchman. [volume] (Salisbury, N.C.) 1871-1937, 1906-04-11
" T e. DEAL

hereby announce myself a can
idate for the Office of Register of
Deeds, subject to the action Of the
Rowan county Democratic con-
vention. GEO. B.. WETMoRE.
Woodleaf, N. G. March 81, 1906.
Carolina watchman. [volume] (Salisbury, N.C.) 1871-1937, 1906-04-11

the DemHCfatlC primaries all
convention. G. 7. BERNHARDT.
TO the Democrats of Rowan Coun-
ty:
l hereby announce myself a
candidate for the State Senate
from Rowan County, subject to
the action of the Democratic pri
maries and convention. This
March 20, 1906.
WHITEHEAD KLUTTz,
Iheraoy announce myself a CAN
didate for the office of Register of
Deeds Of Rowan county subject to
the action of the Democratic pri-
maries and convention.
e. II. MILLER.
For COUNTY COMMISSIONER.
I hereby announce myself a
candidate for county commits SION
er subject to the action of the
county primaries. live in China
Grove township. [ am a demo-
GRAFT, and will abide the action of
primaries and convention. This
March goth, 1906.
WALTER E. DEAL.
hereby announce myself a can
idate for the office of Register Of
Deeds, subject to the action Of the
Rowan county Democratic con-
vention. GEO. B. WETMoRE.
Woodleaf, N. G. March 81, 1906.
l hereby announce myself a can
didate for the State Senate SUBJ
jet to the action of the Democrat
ic primaries and convention of
Rowan county.
JAMES H. HoRAH.
I hereby announce myself u can
didate for the House Of Represent
atives as II of the representatives
from Rowan county, subject tothe
action of the Democratic primaries
and convention.
JNo. M. JULIAN.
[ hereby announce myself a cam
didate for the office of sheriff of
Rowan county, subject to the &C
ton Of the Democratic primary
and convention.
w. A. BRANDON.
| hereby announce myself a can-
didate for county commissioner
subject to the action Of tho Dem
ocratic primaries and convention
of Rowan county.
J. J. K1NcA1D.
| hereby announce myself a can
didate for the office of County
Commissioner subject to the ac-
ticn of the Democratic primaries
and convention.
P. A, HARTMAN.
[ hereby announce myself a
candidate for the office of treas
urer of Rowan county subject to
the action o. the Democratic pri-
maries and convention
J. Il. NICHOLAS.
To the Democratic voters Of
Salisbury Township:-I hereby
announce myself a candidate for
State and County Tax Collector
for Salisbury Township, subject to
the action of the Democratic pri-
maries and convention.
A. M. RICE.
| hereby announce myself can
didate for the office of County
Commissioner subject to the ac-
tion Of the Democratic primaries
and convention.
LOUIS D. PEELER.
[ hereby announce myself a
candidate for the office cf Sheriff
of Rowan county, subject to the
action Of the Democratic 'primnr-
Ns aud convention.
J. H. KRI0ER.
I hereby announce myself a
candidate for the House of Repre-.
sentatives as one Of the Represen.
tatives from Rowan county, sub.
ject to the action of the Demo.
cratic primaries and convention.
W. D. PETHEL.
WANTED: by Chicago wholesale and mai
order house, assistant manager oman or wo
many for this county aud adjoining territory
Salary 800 and expenses aid weekly; expenst
money advanced. Work pleasant: u ,siti)l
permanent. No investment or exuerienc'
required. Write a. once for full particular
and enclose self-ad dressed enveIop,. coop
Carolina watchman. [volume] (Salisbury, N.C.) 1871-1937, 1906-04-11

Iheraoy announce myself a CAN
didate for the office of Register of
Deeds Of Rowan county subject to
the action of the Democratic pri-
marie3 and convention.
e. II. MILLER.
Carolina watchman. [volume] (Salisbury, N.C.) 1871-1937, 1906-04-11
LOUIS D. PEELER.

l hereby announce myself a
candidate for the office Of Sheriff
of Rowan county, subject. to the
action of the Democratic 'primar-
W aud convention.
J. H. KRIDER.
Carolina watchman. [volume] (Salisbury, N.C.) 1871-1937, 1906-04-11
JAMES H. HORAH.

I hereby announce myself a can
didate for the House Of Represent
atives as one of the representatives
from Rowan county, subject tothe
action of the Democratic primaries
and convention.
JNO. M. JULIAN.
Carolina watchman. [volume] (Salisbury, N.C.) 1871-1937, 1906-04-11
The PEOPLES BANK AND TRUST CO.

D. R. JULIAN, J. D. Norwood,
President. Cashier.
P. H. THOMPSON, J. A. PEELER,
V.-President. Teller.
Carolina watchman. [volume] (Salisbury, N.C.) 1871-1937, 1906-04-11

| hereby announce myself a can
didate for the office of County
Commissioner subject to the ac-
tion Of the Democratic primaries
and convention.
Carolina watchman. [volume] (Salisbury, N.C.) 1871-1937, 1906-04-11
4 Per Cent.

We pay 4 per cent. on money i'll
savings department., adding the
interest to the principal every 90
days, and offer every safe guard to
the depositors.
We also loan money on real es-
tate and personal security.
Carolina watchman. [volume] (Salisbury, N.C.) 1871-1937, 1906-04-11

| hereby announce myself a CAN
didate for county commissioner
subject to the action Of tho Dem
ocratic primaries and convention
of Rowan county.
Carolina watchman. [volume] (Salisbury, N.C.) 1871-1937, 1906-04-11

| hereby announce myself a can
didate for the office of sheriff of
Rowan county, subject to the c
ton Of the Democratic primary
and convention.
w. A, BRANDON,
Carolina watchman. [volume] (Salisbury, N.C.) 1871-1937, 1906-04-11

JlOn OF the DemOCfaS1c primaries
and convention.
J. H MCKENZIE.
| herewith announce myself d
candidate for Treasurer Of Rowan
county subject to the action OF
the Democratic primaries an
convention. G. 7. BERNHARDT.
70 the Democrats of Rowan Coun-
ty:
l hereby announce myself IA
candidate for the State Senate
from Rowan County, subject to
the action of the Democratic pri
maries and convention. This
March 20, 1906.
H-----
The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-06
BRAVE ENGINEER
STICKS TO HIS POST WHILE THE
STEAM SCALDS HIM.
A Hunter Saves string Of Box Carr
From Destruction In Local !. &.
Yards.

Standing at his post with a steady
stream OF scalding steam burning his
left side and face. Engineer F. A
Hunter. of switch engine No. 27S
yesterday afternoon stopped his en-
CINE and saved a string of loaded boa
ears from destruction.
Hunter was making up" and was
preparing to kick car into a siding
He was running his engine pretty
fast when the stud" blew out. The
stud Is a bolt connecting the cab with
the boiler head, and when 1t blew orV
a stream of steam struch the engineer
In the face and left side.
Although suffering agony from the
severe burning. Hunter shut OFF the
steam. applied the air and saw his
engine stopped before he left the cab
He is unable TO be on duty today and
will be disabled for some time to
come.
The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-06
MODERN JOURNAL.
Famous Old London Times Is to Ne
Rcorganlzcd.

London, Dec. 6.-The chancery
court today granted an order allowing
the reorganization OF the London
Times as joint stock company. This
marks a notable departure in the
methods of the famous English jour
nal. For the past century successive
managers have exerted absolute con-
troll over the Times, but the various
owners now desire to form company
to take over the general control.
Their application to the court set
forth. that the reorganization had
special reference to the development
of modern Journalism. The order was
granted by mutual consent, all tho
proprietors agreeing.
The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-06
Looked Like A Sure Enough
Greenback
James white, Arrested for Being
Drunk, but Police Are Investi-
eating Case.
MAN FROM NASHVILLE IN BAD

Did James White, of Nashville,
try to deceive people into believing a
certificate of stock was IS bill, or
was he deceived thereby himself
This question is puzzling the police
and they are exerting every effort to
learn just where White stands AS
1t is merely a drunk and disorderly
warrant stands against him.
This morning at o'clock White
appeared at the Bowln restaurant.
l21 Kentucky avenue, secured break
fast and paid for it. At noon he re
turned intoxicated and ate dinner.
When he started out Mrs. Bowln
stopped him. He had not paid and at
first refused, showing the lady aside.
81 have got a blll," he stated, pro-
ducng a well worn greenbacked piece
of paper resembling a bill He re
fused to surrender it, stating that he
would get It changed and return.
Policemen Cross and Johnson in
terfered at this juncture and took
White to the police station. He
threw the bin away en- route but
James Vozier saw It and captured It
as the paper nuttered to the ground
at his feet.
At the station house a warrant,
charging him with being drunk and
dlsorderly, was issued The counter
felt bill proposition is being investi-
gated
The paper is simply one resemb-
ling a IS bank note so strongly that
only the minutest scrutiny will show
the difference. It Is a certificate for
IS in stock showing this amount due
the Selma, Marion & Memphis rail-
road from Shelby county. Tenn.
Persons appeared at the ham and
claimed White tried to pass the pa
per as a bill.
White claims Nashville his home.
He came here from Memphis.
The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-06
Mrs. Ernest Beasley UncOn-
sciOus Two Hours
Negro Lea 'ned Husbands Knock and
Gained Abundance TO South Side
Home. u
TOOK MONEY AND WENT AWAY.

Responding to knock on the
door last night, supposing 1t to be
that of her husband, Mrs. Ernest G.
Beasley, of 500 Third and Elizabeth
street, wife of a we'll known south
side barber was confronted by me-
gro.
Without waiting for the door to
be opened the negro pushed his way
and seized Mrs. Beasley by the throat
where is your money!" he de-
manded.
The frightened woman declared
she had none, but ne persisted in
choking her. until she showed him
where she kept her purse. contain
ing $3.50. a
As he turned to go she struck him
in the face. and he exclaimed: "weli.
I'll be damned"
Then he grew rough in his treat
ment toward her, and threw her on
thc hooi. iic Douhu hci hduuo Wttn
a stocking, belonging to one of her
children, and stuffed a copy of the
Paducah Sun in her mouth to silence
any outcry.
With a parting kick at the pros
trate woman's ankle, the brute went
out the door. ,
Mrs. Beasley swooned and knew
no more for two hours. Her husband
came home little after s o'clock
and found her unconscious bound
and gagged. He summoned DR.. ]. s.
Troutman. who succeeded in reviv-
ing Mrs. Beasley.
Mrs. Beasley recognized the negro
as one that had been prowling
around the house for several days.
He appeared to be plotting something
and she had told her husband of him.
She was frightened.
Mr.. and Mrs. Beasley had arrang-
ed code of signals, by which the
wife was to know When her husband
came home. He would tap drum on
the glass of the front door with his
finger nails. This Is what the negro
did, and they think he learned the
code.
Mrs. Beafley Is the wife Of Ernest
@. Beasley who is employed at the
Jersey Palace barber shop on Broad
street. He lives a few doors from
the No. 2 fire station, and generally
goes home Immediately after the
closing of the shop at s o'clock. It
was just before this hour when his
wife was sitting reading at her home.
The night being bad she naturally
Expected Mr.. Beasley home early and
was not surprised to hear a gentle
knock.
The police have good description
of the negro. He is small. heavy set
and very dark. They are searching
all over the city for him and think
he is still here. The stationmen at
No. 2 fire station were not disturb
ed.
The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-06
Temperature To Drop 40 De.
grees In "a Hours
Summer Weather and Summer Rain
Yesterday, But II Is Growing
Colder Today.
SUDDEN CHANGE IN WEATHER.,

From summer to winter is a
quick transition in Paducah some
times. Yesterday with summer fair
ness everywhere, the mercury arose
to 20 and last night a regular sum-
mer rain flooded the streets. BY to-
morrow night we are promised 20
degrees. a drop of so degrees in
about As hours
Wouldn't that make YOU SILVER?
Yesterday. was one Of the most
beautiful days of the year. and peo-
pie read with astonishment that fell
low beings we're freezing to death in
Massachusetts,.
Last night water fell in floods,and
a wire broke of the Paducah Light
and. Power company. About . O'Clock
every house and business place us
ing incandescents was in darkness,
until after midnight.
This morning it cleared up some
what, but the air grew chilly, and
there has been a perceptible lower
ing OF the temperature all through
the day. It will be cold tomorrow.
The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-06
PIGS AND HEN, GARBAGE PLANT
Contractors PRODUCTION Works"
May BE Forced on Grand Rapids.

Grand Rapids, Mich, Dec. 6 =
The city fathers are facing the prob
lem of determining just how 1000
hogs and several times as many roos-
tiers and hens can be figured as an
asset in the capacity of a municipal
garbage reduction plant. Alva W.Ad-
ans, who was awarded the contract
for the disposal of the city's garbage,
has announced the completion OF his
works" The contract specified that
the plant was to be erected by him,
which part he filed by the purchase
of the hogs and chickens. The con-
tract runs for three years, and at
the end OF that time the works"
The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-06
$25,OOO,OOO INCREASE.
VIII BE Given $4,000 Employees of
Chicago Railroads.

Chicago Dec. G. The Tribune to-
day says: TIE railways Of Chicago
contemplate making increases in the
wages of their employees In the inn
mediate future which, in the aggre-
gate, will make all increases made
on the railroads OF the country in
the recent past seem small by COM
parison. Advances are expected to be
given between now and January 1,
which will make the combined In
comes of the 100000 employees of
these lines from s25. 100000 to $780,
900. 900 greater in 1907 than in
1905.
The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-06
FLED
FROM WOULD-BE ASSAILANT IN
HOTEL AT FULTON.
Well known Merchant of That City
Is Charged With Most Sc
rious OGensc.

Fulton, KY. Dec. c. Miss Nina
Miner. residing near here, had a
warrant issued for Rias Dacus. a
Fulton merchant, charging him with
attempted criminal assault. She had
just returned from the west and
stopped at the Usonla hotel, she
claims. She fed from her room and
down the stairs to escape Dacus. He
held pursuers at bay and escaped TO
Pierce Tenn. Miss Miner is an IN
valid and her relatives are proml-
nent.
The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-06
CHILD LABOR BILL.
Lodge Wants to Exclude From Cons
| merce Child-NIade Articles.

Washington, Dec. e. Senator
Lodge today introduced bill design
ed to prevent the employment Of child
labor by prohibiting interstate COM
merce in any article in the produc-
ton of which a child under IA years
of age has been employed. and the
prohibition extends to children under
16 years of age who cannot read and
write. The violation of the law IA
made a misdemeanor, punishable by
fine of $500 and Imprisonment for
one year.
Senator Beverage introduced a bill
very similar In its provisions.
The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-06
STOLE STREET CAR.
Thief Takes Conductors Place and
Fools MotorInan.

East Liverpool. o., Dec. c. The
police are looking for a stranger who
stole street car last night and ran
it four miles, collected fare from
the passengers and escaped. The con-
ductor was at pump getting a drink
when the thief stepped aboard and
gave the starting signal. The tibet
managed the business so well the mo-
torman did not suspect anything
wrong.
The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-06
SUPERVISORS
OF TAX BOOKS APPOINTED BY
COUNTY JUDGE LIGHTFOOT.
Eight Men Chosen TO Hear Complaints
About Assessments of Property
in County.

County Judge II. T. Lightfoot this
morning announced his appointment
of The board of county tax book
supervisors, who will go over the
books of the county assessor, begin
min the first Monday in January,
The session is likely to last several
weeks. The appointments follow:
Alexander Williams, Jesse Childres
James Harp, Oscar Robinson, George
Knott G. r. Davis, A. w. Greif, w
A. Baker, the latter three being resi-
dents of the city.
The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-06
VITRIOL
THROWN INTO YOUNG LADS
FACE BY UNKNOWN PERSON.
Hermann Greif's Eye Injured and
His Face Terribly Burned
by the Fluid.

Suffering from burns of the Sc
verest nature, Hermann Greif. ~
years old. son of George w. Grief,
vice-president of the Lack Singletree
company, of 7O5 South Fourth street,
lies at his home in agony. He is the
victim of youthful vitriol throwers,
the first to make their appearance in
Paducah in years, and the police are
working diligently to learn the iden-
tity of the boys who nearly caused
the youngster to lose his eyesight.
This MOI ming at 11:10 O'Clock
Hermann Grief was sitting in the
wood shed cutting kindling. He had
his back to the alley when suddenly
he heard voices. Almost at the in
slant he felt a hot f1uid strike his
head. The fluid burned severely and
ran from the top of the head all over
the face, some of II entering his left
eye. 1t was thrown through an open
window.
With cries of agony the boy fed
to the house. DR.. w. c. Tubanks, who
was summoned, saw instantly that
he was suffering from vitriol burns.
The. burns we're dressed and the boy
made as comfortable as possible. The
eyesight is not permanently affected.
Policemen were summoned. They
could secure little In the way of a
clew from the boy as he heard only
laughs.
The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-06
President Commits sentence.

Washington. Dec. 6.-The presi-
dent has committed to life imprison-
ment the sentence of death imposed
upon Arthur Adams and Robert Saw
yer. negro members of the crew OF
the schooner Henry A. Berwind, who
were convicted of mutiny and murder
aboard that vessel about a year ago.
The men were tried at Wilmington,
N. c., and are now in Jail at that
place. Another member of the crew
who was convicted on the charge al
ready has been executed.
The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-06
Prolonged Earthquake.

Kingstown, Island OF st. Vincent,
b. w. l., Dec. Ga prolonged earth
quake shock was felt here last night.
It lasted fully so seconds. The vibra-
tons were slow. The people of Kings
town were thrown into panic. No
other shock felt here has lasted SO
long.
The island of Barbados, about 100
miles to the east, and the island oil
st. Lucia, about % miles to the
northwest, also felt the shock.
The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-06
SEVERAL MAY BE DEAD.
Bad Factory Fire in Lynn, Mass, This
Morning.

Lynn. Mass, Dec. cit is feared
several persons were killed and many
injured in a boiler explosion and fire
in the Harvey shoe factory. The ex-
plosion occurred while the employees
were going to work. The building
caught fire and 1t spread rapidly. The
chief OF the fire department says
there are no fatalities, but eyewit-
nesses declare several bodies are
among the flames. Sixteen were in
jured. Six buildings and several
small dwellings were destroyed. The
loss is estimated at $500 900.
The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-06
Increase Army 80 Per Cent.

London, Dec. e. Toxic cores
pendent of the Times telegraphs that
new army schemes signifies an in
crease of nearly so per cen, and that
Japan under The progra mwill be
able to Immediately place 10000
men in the field. Three special for
ces are to oreanlze, namely, heavy ar
tillery, quick firing field artillery aud
cavalry.
The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-06
OLD CUUrLE ELOPES.
walked Across the Mountains to Es.
cape Pursuing Relatives.

Lexington, Ky, Dec. g. Ballard
Gale and Mrs. Nancy Jane Wiseman,
of Cumberland Gap, Tenn, eloped to
Winchester. near here, and were
married today. Each is aged SO
years, and this Is the second mar
riage for each. They walked several
miles across the mountains to catch
a train and escape pursuing rela-
tives. 1t is the oldest clipping couple
ever married in Kentucky. Each has
seyera, children.
The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-06

Dallas. Tex, Dec. 6.-L. c. Garri-
son, assistant superintendent OF the
Pacific Express company, denies pos
lively that $4,000 was stolen by
train robbers. who held up the express
car on the Cotton Belt railroad near
Sulphur Springs Saturday night. He
says the total loss could not have
bee nmore than $4,000 In cash.
The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-06
HARLAN REFUSES.

Washington, Dec. g. when
asked for an expression apropos
of the discussion of his possible
candidacy next year for the GO
crnorship of Kentucky, Justice
Harlan, of the supreme court OF
the United State, promptly ans
wered that she had no such
thought, nor any purpose to in
any form engage i'm political
contests at any time or in any
way"
The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-06
MRS. BABCOCK RALLIES WELL
Wife of Congressman From Wiscon-
sin Rests We'll After Operation.

Washington, Dec. G. Mrs. Bah
cock, the wife Of Representative j.
w. Babcock of Wisconsin, who un-
derwent a serious surgical operation
yesterday, rested well last night and
her condition today is reported to be
as good as could be expected.
The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-06
Storm Signals Up.

Norfolk, Dec. GA severe Allan
tic coast storm is blowing this after
noon. Storm signals were ordered
from Jacksonville to the Delaware
breakwater. All shipping is warned
of danger at sea In the next As
hours.
The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-06
Local Option Election.

Somerset, Ky, Dec. g. There Is
a local option election here today.
Thousands of women and children
with banners are parading the streets
No such enthusiasm was ever mani
tested in temperance cause here be-
fore. The court house and church
bells are ringing all over the city.
The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-06
DRAINAGE CONGRESS-.
Irrigation Problems Considered at
Oklahoma City.

Oklahoma City, Okla. Dec. 6.--The
national drainage congress began a
three days session. here today. Many
irrigation and drainage experts from
various parts Of the country were
present. Today's program included
several papers and addresses.
The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-06
GILLETTE CONFEssEs.

Herkimer, N. V, Dec. g.
Chester Gillette, facing death for
numbering Grace Brown, has
confessed to his attorneys that
he killed the girl. The con-
demned man attempted at first TO
deceive his attorneys, but his
confession was made known to-
day. Gillette is being guarded
night and day for fear nc will
commit suicide.
The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-06
A Mighty NimrOd.

Will Theobald, the well known
wood worker employed in the local /.
c. shops, is the coming hunter of the
shops. He bagged IT'S rabbits, SO
birds, three 'opossums and five SPUR
rels.
The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-06
Rcdistricting Cases.

Frankfort, KY, Dec. g.. The leg
islatlve redistrlcting case was reas-
signed and set for argument on the
fourth day of the January term by
the court of appeals.