davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-16
STATE DEPARTMENTS SOLICITOR.
Professor James B. Scott Appointed to Sue
coed Judge Penfeld.

Washington. Jan. 15.-James Brown Scott profess
sor Of law al Columbia University. New-York has
been appointed solicitor of the State Department
70 succeed William L. Penfeld. resigned.
Professor Scott is about thirty-eight years old
and is a native OF California He was graduated
from Harvard as a member of the class of 1890
He received the degree of Bachelor of in 1891
and was travelling fellow on international law from
1881 to 1893 Then he went to Germany and took
degree at Heidelberg in 1894 Returning to Cali
fornia he took up the practice of law, in which
he engaged from 1894 until 1899 when he became
professor of international law at the University of
Illinois He organized this department and was
dean OF that branch of the faculty In 1903 he be;
came professor OF law at Columbia University, and
now holds that place. He is the author OF a
treatise international law which is a standard
Of instruction at several of the leading uni
Versities
In the early days Of the Spanish American War
Professor Scott enlisted private in the Cali
foruia volunteer regiment. but was not required TO
leave this country II is understood that he ac-
cepts the post of solicitor of State Department
solely because of his deep interest In the large
problems OF international law which now pend
Ing LafnEa tho denartment
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-16
MR. B4BCOCK EXPLAINS.
Says His Moti0e for Opposing State
hood Has Been MiSrepreSented.

Washington, Jan. 15.-When the House met to-
day 8lr. Babcoc1 at once took the floor cues
ton Of personal privilege. He based this a
statement in local newspaper, entitled How
Came Babcock TO Rebel?" which gave reason
for his opposition to joining Arizona and New
Mexico as one State his pique at not being made
chairman Of the Appropriations Committee
Mr.. Payne The Republican leader. said while he
should not object In this instance he did not want
precedent made OF this case, he did not regard
The story raising question Of personal priYi-
Iege.
IF an not entitled 10 the floor on question OF
privilege. I do not want IT," replied Mr.. Babcock
with some feeling. II, when member is totally
m-srepresented, z that IS not matter OF personal
privilege, don't know what is"
Speaker Cannon remarked that as no Objection
Aao been made he was not called on 10 pass upon
whether the matter presented was or was noI one
81 said R'''Hsss is se'i'is'''sH VIII p-00e
The statement. M Babcock repeated totally
called 'Stalwarts," which he understood meant
The House organization. BE had. he said. never
been an applicant for the Craftsmanship or the Ap.
ITopriattons Committee. he had not wanted tIlat
Craftsmanship and had il been rendered TO MIN ne
should have declined II, 'as did not IeeI that
under the circumstances I could have filled Il 10
he satisfaction Of the House
As 10 Statehood, Mr. Babcock said he had al
ways been opposed 10 Joining Arizona ana New
mexico as one State. At the last session ne si1ld
tae opposition supported the Rules committee OF
the House in joining the Statehood question as
he best means Of killing the bill
As 70 his views the tariff. Mr.. Bapcock said
they had not changed He presented a resolution
adopted by the Wisconsin delegation in Congress
On January L. 1870, in favor of revision, ana
Programme ne still adhered to the opinion that
revision should be had
There was 10 reply 10 Mr.. Babcorks statement,
and when he ended several Of his colleagu ap-
plGuded.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-16
ICE BLOCKS BRIDGE.
Avalanche Descends on Promenade,
Which Had To Be Closed.

The Brooklyn Bridge promenade was closed for
nearly seven hours yesterday and only the quick
melting of nearly ton of ice prevented record
crush at the bridge at o'clock, when the traffic
is at its height.
At $50 a. m. a huge piece of ice, nearly twenty
feet long, fell from of the suspension cables
near the Manhattan tower to the promenade. The
foot traffic on the bridge was not heavy at that
hour though there were about two hundred people
the promenade
Giovanni Tarollo Italian fruit vender, was
caught in the ice avalanche and might have been
seriously injured had his head not been wrapped
in heavy shawl AS II he was felled to the
walk but jumped 10 his feet unhurt Several
women barely escaped the flying chunks of Ice.
After the first sheet of ice fell huge pieces
dropped from the cables at minute intervals snu
in less than hour the entire pr9mgna6efd tFGn1
end 10 end sheet OF Ice. Arcnloalu ny
Lean, chief engineer of the bridge ordered Il
closed and ii was not opened until 2:30 p m -
over two thousand persons we're prevented IRON
crossing on the promenade while IT was closed ana
were forced to use the streetcars. The BrooklHL
Rapid Transit Company Informed the bridge Pc Pc
lice that it would carry free any person VINO dtu
not have the fare. 1t was not learned how many aa
travelled free. The vibration of the passing cars
ioosened the ice and caused it TO fall
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-16
SECRETARY TAFT HEARD.
Southern Pacific Held Responsible
for Freight Congestion at Panama.

Washington Jan discharges by Secretary Taft
and Chief Engineer Stevens. of the Isthmian Canal
Commission, that the Southern Pacific Railroad is
responsible for the freight congestion the 18TH
mus Of Panama formed the most interesting de-
velopment Of a four hours hearing to-day on canal
affairs before the deficiency subcommittee Of the
House Committee Appropriations.
The Southern Pacific company controls the Pa
cic Mail Company, according TO the state
ments of the Secretary of War and Mr. Stevens
who say that since the abrogation of the frejgh+
agreement between the Panama Railroad and +hA
steamship company the latter has been diatory in
calling for San Francisco freight on the west side
Of the tsthTnus. 1t is charged that steamers fire.
quently refuse to stop 10 take on freight and
even leave port with only partial cargo while
great quantities of freight lie on the wharves
1t was alleged that the apparent motive for this
course on the part of the steamship company was
so TO hinder materials, intended for the canal de-
hvered at Colon by the steamships operated by the
government from New-York that shipments would
be necessary over the lines Of the Pacific Mail from
was asserted by Chief Engineer Stevens who said
wat a5 S had c ReeH a shipped via San
other shipments will go this way unless an end
Secretary Taft was called before tho e,,roo,,,-,,t.
tee TO explain the estimates for canal expenses in
Guided In the additional appropriation of IS 900 90
sought in order to continue the work until the end
Of the present fiscal year, on June 80. Secretary
Engineer stevens, E s. Benson. general auditor
ana David w Ross the general purchasing agent
Secretary in answering the questions of members
OF the subcommittee and making clear the est
mates. - '''~ '''i
Representatlve. Tawney,, chairman of the Appro-
prla tons Committee. and other members of the
deficiency subcommittee said after the hearing
6at tney were CONVINCED that the estimates of the
secretary OF war and his assistants had been made
with great care. Mr.. Tawney also said that the
review of the canal organization shows that n is
much more perfect than many other branches OF
the government, and is more economically admin
istered. There is little disposition among the mem
bers of the subcommittee to shave the estimates
which the committee regard as very moderate
Additional data will be supplied to the sub-conl-
mittee by the War Department tomorrow but il
is not likely that Secretary Taft will be asked 10
appear again The canal appropriation is to he
carried in the Urgent Deficiency bill
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-16
DEMOCRATIC RAILROAD BILL.
Authorizes Commerce Commission to Fix
Reasonable" Rate.

Washington Jan. 15-The Democratic members
OF the House Committee Interstate and Foreign
Commerce have prepared a Railroad Rate BILL
which will be introduced tomorrow. Its essential
difference from the Hepburn bill is that, instead
OF authorizing the Interstate Commerce Commits
sion TO fix maximum rate. in accordance with
the specific recommendation of President Roose
welt the rate 10 be fixed shall be a reasonable"
ona II forbids the commission TO increase any
rate which has been fixed and published such
bv any railroad. It authorizes the rate fixed by
the commission to be reviewed by the courts only
when # is shown that such rate does not enable
the carrier 70 realize fair profit on the capital
actually invested in the road, where he
mission has exceeded its powers in fixing the rate
,oaEiDg II Coufscatory The rate. when fixed by
he commission. Is TO become operative within
fbfr+y davs and is not 10 be set aside except by
order of the court OF final resort.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-16
WAS SELLING PUBLIC OFFICES.
Convicted Insurance Broker Said To Be One
of Old Gang.

,o. Smith an insurance broker, of No. 1854
,,,,1+on-ora The Bronx was found guilty yesterday
of receiving a gratuity for appointing another
nerson TO public Office" Smith is said to De one
of gang of men who for money PROMISED ap
no,p+noants and promotions in the police and hre
SSonar+n,ents William Duke, alleged partner OF
smith in the business. was sentenced last year 10
CIV months in the penitentiary and TO pay me
of $500. 49, e:.,, ,.as occan+ine 81 O0O
member Of No Hook and Ladder COMPANY t rgct2 2e
no. - ting in the Civil Service list and promo,
lion from fireman 10 assistant foreman. he old
When Oppe went the witness stand yes , era Jay
4s memory of the saction had failed MIN en-
ms e' sn{+b'e LAWYER refused to put him on the
land and the Justices rendered a decision OF
guilty.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-16
PANAMA CANAL ESTIMATES
Commission Asks $5,340,786 for Present
Fiscal Year.

Washington. Jan 15.-secretary Shaw submitted
10 Congress to-day an itenized statement made bv
the War Department of the additional $3.50 7S3
sought by the Isthmian Canal Commission TO con-
unue its work for the fiscal year ended June 90
1906. The estimate for miscellaneous purchases in
the United States is S1.OO0.OOo In this sum the
chief item. S27004O, is for lumber Cement and iron
pipe are other supplies requiring expenditures For
miscellaneous material purchases on the isthrnus
the amount sought is 100000. The amount asked
to pay the Panama Railroad Company for ser
vices and ma terial is 100000. The estimate for pay
rolls from April l July, 1906 is 81 10 ON For
equipment 81 ,555.7S6 is asked
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-16
TWENTY YEARS INSTEAD OF DEATH
Alleged PRISONERS of Americans in Mexico
Sent TO Labor in Salt Mines.

Fort Worth. Tex Jan. 1o.-Friends OF Dr. =.
n Harle here have been advised that he and
10 TWO other defendants Richardson and
Mason. under sentence Of death in Chihuahua,
Mex for the alleged poisoning of two Ameri-
cans. poIicyholders of life insurance company
30 New-York will not be shot in accordance
with the courts decree. but will be sent TO the
convict stockade on the islands in the tropics
off the coast Of the southern republic TO serve
terms of twenty years each at haTu ldool' pre-
sumably in the salt mines. =.
DR.. Harle. formerly practised medicine In
Texas Richardson and Mason came from
Poobes+Ar \ V and were in Dallas for time.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-16
ANOTHER hAzINe CASE VERDICT.

Annapolis Md, Jan. 15.-The trial OF Mlosnp,il"h
Iobn Miller. first class. the charge OF haz-
80 to,,- fourth class men was resumed this morn
ing. Miller is leading student in the class which
viii graduate on February p next. and IS also
a 1bat he was never habitual hazer. A YER
dict was found but what it was Is not Kn esr
Confinement 10 the academy grounds Tor tne hght
usitL Midshpnlan James r. Branch was the next
20 he triad on six hazng specifications
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-16
MFRS. rAeGARr FLEEs WITH CHILDREN
Report That, Posing as Mrs. Thompson, She
Sailed on the Cedric January TO-

Cincinnati. Jan. 15.-It was reported mere that
Mrs Grace Taggart who was to have appeared In
~. wooster Court to-day. in connection with her
recent divorce from Captain E. F. Taggart' I. S
A. is on board the steamship Cedric with her two
sons ON the way to Europe. She is said TO nave
benn booked as Mrs. Grace Thompson and accom-
panied by a trained nurse
IN the Messenger list of the White Star steamer
Cedric which sailed from this port on January 10
for Liverpool. were the names Mrs Gertrude
rbor,nson Master William Thompson and Master
Robert Thompson.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-16
CHAFFEE RESIGNS AS CHIEF OFssTAFF.
viii Retire on February BATES to Sue
coed Him.

Washington. Jan. 15.-Lieutenant General Chaffee
today rendered his resignation as chief OF staff
axe effect At once and IL was accepted by the
President. General Chaf1ee does not go on the re-
Tired list until February l. but he desired TO re-
anguish the duties Of chief Of staff that he might
.aFe Z leave Of absence OF fifteen days before re-
sElhs from active service. General Bates, now as
N'siant CHIEF. VIII succeed him as chief Of stan.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-16
NOMINATED BY THE PRESIDENT.
Captain w. S. Cowles for Chief of Navy
Bureau of Equipment.

washington Jan 15.-The President sent the
fo1,ou,Irr nominations TO the Senate to-day:
chic, NJ bureau of Equipment Department-Captan
WILLIAM 8. COWi1E.S,r-- ~ ,.oo-117p r,is,rtc+ ~
f-olIsco-s Cusorns-JAMES h CCOrtstS DlstriSt %
Ssutseo \ Y: ROBERT CARSON. District OF Perth
sn,boy
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-16
SUPREME COURT DECISIONS.
Conviction of differentiation of Silks At
frmed

washington Jan 1.-THE Supreme Court Of the
United states to-day denied the petition for writ
: ,ar,iorarf in ths case OF Charles c Browne. Of
va7,york. to bring the case to the Supreme Court
for -evigT Browne IS under sentence Of inprison-
7ren- for Two years in case involving the charge
Of Undertaking. japanese silks imported into the
Tinted States for RosenIhai & Co. The action Of
TIE court has the effect OF affirming the action Of
the trial court.
The motion on behalf Of the State Of New-Jersey
n dismiss the appeal in the case Of Anna Talen-
tina. under sentence Of death in that State the
charge Of murder. which 10 have been made
fo-da- was postponed until next Monday.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-16
SENDS IN SANTA FEE PAPERS.

Washington Jan. 15-Attorney General Moody
To-day 10 the Senate all papers relating to the
investigation % rebates granted by the Atchlson,
Topeka and Santa Fe Railroad TO the Colorado
Fuel ana Iron Company The papers We're called
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-16
SENATOR cuLLom ILL.

Washington, Jan. l5.-Senator Cullom. chairman
of the Committee ON Foreign Relations left Wash
ington to-day for 81 Augustine. Fla. He is in
bad health ana it IS doubtful whether he re-
sumo his labors in the near future
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-16
E Nmzn4A- dh'zx
Store Closes at $3.50 z. VI.
Savinq Hundreds of Dollars
On Modern SeaLskn Goats

It's warm Winter that has no turning Ira
This dismissal the consequence Wearing Winter Ia
it does not begin handsome sealskin coat IS rot
session
The highest qualities OF rich, .Plushy, lustrous
stvlishly shaped finished with wide hens. accordli
methods. In many new styles-b;t not treakish
Aristocratic refined luxurious:
Four Alaska Seaskin 81. 3s 80 AMI Coat Of bes
42-inch "a inches long Reduced bust measure
from s415 to S275 each. Coat. q best
An exceptionally rich large size men ce ~ - s35n
&c inches long: made o1''' ~ 49,
finest Alaska seaskin Reduced from A very hand
1922 to S375. Alaska seaski
D.. .a .,o.,,- Saa1sL,, Coat. as-fncn $500.
h,Stt % inobes innq Reduced from s435 Two Alaska
$500. $3.50 to SzVc e.
The coats cannot be replaced now at even the Il
Second floor, Broadway.
The Lee County journal. (Leesburg, Ga.) 1904-19??, 1906-08-24
THE ELECTION.

Well boys we won Lee. It is the most
glorious victory considering what we had to
SIGHT in the state.
A little county only about 800 white voters
in the county is the target, like DELAWARE
on account of its size. On a straight fair
contest we should have the county by much
larger majority, but EVEN FIVE is ENOUGH.
Hoke has carried the state from Nickaiack to
Tybee light from Rabun Gap to tie corner Of
Decatur from all over the state, the boys
with the corns on their hands arose, the peo-
pie are invnciable when aroused. If we
wounded feelings we apologize.
Lee did her duty. The landslide occurred.
We are going to north Ga. for week or so
to try to get rid of malaria. we have been
pumping hot HOke smith lead s0r months we
are all Hoke Smith men now, and Lee is first
Of all.
The Lee County journal. (Leesburg, Ga.) 1904-19??, 1906-08-24
No Paper This Week:

Upon failure to receive our baper this
week, w will have to give yov much
smaller paper than usuAl, and it will help
the e,lit r to give you a better paper next
week for hay restel from the labors
which have been his in the passing cam.
paign. Though he is not resting, for he
is fixing up the Office and con promise
you gOOc print.
The Lee County journal. (Leesburg, Ga.) 1904-19??, 1906-08-24
The Local Editor In Change.

The Local Editor is running the paper most
" this week and next. We propose to take
in north Ga. for a cooler cline, and come back
ready to work as hard for Lee cunty's wei
fare. as we have for HOkes election, and
hooe not to be put in such hurry as We
we're the last few weeks.
The Lee County journal. (Leesburg, Ga.) 1904-19??, 1906-08-24

Mss Willie Bunkley is visiting in Smith
vile this week.
Mrs. NJ, L. BunkIey has been quste sick
thes week.
Mr.. ia. Hill of Smithville was here
Thursday.
D. j. Green Of Chokee was here Thurs
day on business.
C.E. Lockette of near Century. WIS in
town Thursday.
Messrs Bob Laramore. Wayde Lara
more. Win Toliver, Abner Greek, =. u.
bod Clifton, NJ N. Martin, L, R, Mathis,
and G. c. Holiday sited Albany We'd
n-sdAy.
K o. Laranore visited this city We'd
nesday.
/. H o. Rackley of Red Bone visited this
city wednesday.
l., z. Cooke of Armenia was he1e We'd
nesday.
IN
re
Mr.. w. D. Wells Of Smithville PAD this city
a business visit Thursday.
Sheriff Smith paid Smithvnle business
! visit Thursday.
Mrs. ]. A. Forester lett Thursdao for
ATLANTA where she will spend few week;
with relatives.
The Lee County journal. (Leesburg, Ga.) 1904-19??, 1906-08-24
Personal a n d
L o G a /. * X

city Sunday.
Mr.. H, M. Hewett Of Chokee District
visited this atty Monday
Mr.. H. D. Logan has been quite sick
for several days this week.
Mr.. Tobe Laramore Of ChOkse District
visited this city Monday.
Mr., !, P. Cooke of Armenia was here on
business Monday.
Bob Laramore Of Chokee District was
among Mondays business visitors to Thu
city. .a4
Mr.. ]. A. Bill OF Smithville visited
this city on businesa. Monday.
Mayor E. b Martin has been quite sick
for several days this week.
Mr.. T. WEIGH Love visited Albany Sun.
day afternoon.
Mr.. Rowe Price of rallapoosa vislte.l'
friends and relatives here Saturday and
Sunday.
Mrs. O. W. statham visited Albany
tuesday.
Mrs. ]. N. Hines was shopping in Al
Dany tuesday.
Sheriff Smith was in smithville Mon
day on official business.
Mr.. G. E. Loclett was ia town Tues'
day.
Mrs. M. McGrath, and little son
George, who have been visiting Mr. F. I.
Kings family for seveaal weeks, returned
70 her home in Atlanta, Tuesday
MI. Y. Haigler of Danville, spent
the past week with friends and relatives
here
Mrs. Annie Lou Minis, accompanied by
Mrs. I. F. Wallace returned to her hame
here after pleasant stay of several weeks
at Pablo Beech.
Mr.. Il. A. Harris Of chokee was he e
on business Tuesday.
MI. Joe Avery Of chokee was here Tus'-
day,
Mr.. aad Mrs, D. ]. Minis visited this
city Monday.
Mr.. A T. Wilson visited Smithville on
business, Tuesday.
carlosHall has been quite sick this
week..
Miss Ruth Christian has returned from
visit to Pretoria.
Mr.. ]. W. Forester has been quite sick
tkis week.
Mr.. CLYDE Mckinney Of smithvihe
spent Monday iu this city.
Mr. ". II. Kewson spent Wednesday IA
ths city.
Lawrence NewsOn Of Albany spent Wed
Arizona republican., 1906-12-27
DEATH OF MRS. sAeIN-The fol-

lowing item is taken from the Los Angeles Times: "Died-In this city, Saturday. December 22. Matilda A. Sabin. widow of Rev. J. A. Sabin, and beloved mother Of Mrs. L. A sherman. Phoenix. Ariz and Mrs. F. A. Buck and H. c. Sabin of this city Funeral and interment private Friends of the family will recall that Mrs. Sabin was here on Thanksgiving day and seemed then to be in her usual health. Mrs. Buck. now of Los Angeles. was also a resident of Phoenix at one time.
 SURVEYS APPROvED-The sur veyor general has approved the official survey of the Stallo & Moody. Red Cloud and Crancer lode mining claims. situated in the Globe mining district. Gila county. and claimed by the Globe Boston Copper Mining company. The survey is designated as No. 2299. He has also approved mineral survey No. 231l. embracing the POpulist, Cotton wood, l. x L., American Boy and Belle lode mining claims, situated in Globe mining district. Gila county. and owned by the GlObe-Boston Copper Mining company; and mineral survey No. 2324, embracing the Silver Star and Eastern Star lode mining claims, situated in the Globe mining district, Gila county, and claimed by the Glpbe- Boston Cop per Mining company.
Arizona republican., 1906-12-27
SANTA FE TIME TABLE.


 CITY TIME
 Departure Arrival The Diamond Jo." for Hot Springs Junction Castle Hot Springs) Wickenburg, Salome, Con gress, Prescott, Jerome, Ash Fork, Denver, Kansas City, Chicago, Los Angeles. Coronado and San Fran cisco. 2:4s am. ? 20 am. The Daylight Express for Wickenburg. Con- gress. Prescott, Ash Fork and East.............. s:20 am. s:l5 pm. Mesa and Tempe....-..... GAO am. s:l5 am.
 II :25 am. l.25 pm
 4;5O pm. :25 p m. Florence, Kelvin, Winkel- man.......... ......-..... II :25 am. l:25 pm.
Arizona republican., 1906-12-27
pIsruRBERs OF THE PEACE.

Ramon Garcia and II. Escheveria were before Justice Johnstone yesterday charged with drunkenness and disturb ance of the peace. Each was sent to jail for five days.
 IN TOWN FOR HOLIOAYS-. J. Fraser arrived here Christmas morning from his ranch in the Superstition mountains to spend the holidays with relatives and friends.
 DISTRICT COURT TODAY-There will be a reOpening of the special term of the district court today in order that Judge Kent may pass upon the motion for a rehearing in the contest case of Miner against Babbitt for the office of county treasurer.
Arizona republican., 1906-12-27

STRAYS-The police have three days unless the owners claim the property. one is a mule. one brown horse and the other a yearling colt.
 RECORD BREAKERS-The record
 breaking oranges for this season were brought to the board of trade room yesterday from the Ingleside orchard. There were two of them and they weighed an even two pounds each. They were put in jar by themselves and had to be squeezed a little to get into the jsr at all
 POLICE coURT-The two hoboes picked up by the police on Monday were tired of this climate yesterday and drifted out on floaters considerate- iy furnished by City Recorder Thomas. The Mexican arrested for drunkenness and disOrderly conduct was given five days. The day police yesterday found three substitutes to take the places of the above. Two of them were drunk en Indians who will be given a hearing when they get sober. The other was l perigrinating merchandise stock quar- tered in the pockets of hobo who was e bit the worse for liquor. His stock seemed to be a good one; anyhow it was new. and consisted of five allege silver watch chains. nine razors of the best alleged steel five rings of the best alleged gold and twenty-four pairs of spectacles. also of alleged gold rims and the glass warranted (by the seller to aid defective vision. When the al legged vendor alleges soberness he will be given a real trial.