davidaulloa/AmericanStories huggingface dataset:
The Jasper news. [volume] (Jasper, Missouri) 1898-1924, 1907-04-04
MRS. CHAS. A. ROcKvvoOD

are constantly being received by
Mrs. Pinkham to prove our claims.
Mrs. G. A. lockwood, teacher of
Parliamentary Law, of So Free St.,
Fredonia, N. Y, writes:
"For years suffered with female trouble.
1t was decided that an operation was neces-
sary, and although submitted to q serious
operation my sufferings continued, until
Lydia e. Pinkham's Vegetable Compound
wasrecommendeda and it proved marvellous
remedy, so quickly did it restore my health.
| cannot thank you sufficiently for the good
it has done me-"
Miss Margaret Tierney, of No. 32s
w. 25th Street, New York, writes:
Dear Mrs. Pinkham:-
"When only eighteen years of age our
physician decided that an operation was
necessary to permit of my womanly organs
performing their natural functions. My
mother objected and being urged by a
relative to try Lydia Z. Pinkhams Veget-
able Compound did so. soon improved in
health, the proper conditions were establish
ed and I am well and strong, thanks to
Lydia L. Pinkhams Vegetable Compound"
No other remedy has such I'M
qualified endorsement as Lydia E.
Pinkham's Vegetable Compound. No
other remedy in the world has such
a record of cures of female ills.
The Jasper news. [volume] (Jasper, Missouri) 1898-1924, 1907-04-04
.How's This?

We offer Ono Hundred Dollars Reward ior M M
,ase OF Catarrh that cannot DO curea oy hsh"
C'sfrh 'u''' FL. CHENEY g. CO., Toledo 0.
wa Tho uudersiened have known +. j. Cheney
sor the last is years and believe him perfecty non
orabie in all business trsr.""tons ana hs Tr
e''' WALp,Ns. KISNAN q MARVIN, n
Wholesale Druggists, Toledo, y.
Ha,rs Catarrh Cure 10 taken internally, ac'h h
dtrectiv upop the blood and mucous surfaces OF ."
sys1em Testimopials sent free. Price 70 cents
bottle, Sold by all Druggists
The Jasper news. [volume] (Jasper, Missouri) 1898-1924, 1907-04-04
Ideal Trade Conditions.

Women should not get credit.
Neither should men. Cash is the cure.
Tradesmen, maybe, would have bad
time for six or IL months. and many
lady would have to "lie low" but in
the end we would Ad g s.b bath ans etrRna
dress, and at far less cost-London
Opinion.
The Jasper news. [volume] (Jasper, Missouri) 1898-1924, 1907-04-04
N.r,h.rn pemocratIc Senators.

After March 8 the only Democratic
senators. who do not represent south
ern states, will be Newlands OF Ne
vada and Teller of Colorado, and their
terms will expire in 1909. Newlands
ia a native of Mississippi, and is a
radical Democrat OF the moaern
school. Teller has been Republican
most of his life.
The Jasper news. [volume] (Jasper, Missouri) 1898-1924, 1907-04-04

I. Take Garfield Tea, the herb remedy that
has for its object Good Health! It puri-
6es the blood, cleanses the system, makes
people well. Guaranteed under the Pure
Food Law.
The Jasper news. [volume] (Jasper, Missouri) 1898-1924, 1907-04-04
u.,a. . Foot Lone.

The John A. Salzer Seed Co.. La az Sro 81.
WIS., are bringing out a new oats TINS
v ear with heads foot long! Ihats u
wonder. Their catalog tells; - cod
"S Snstz. the greatest cereal hay tood
America ever saw! Catalog tells!
The Jasper news. [volume] (Jasper, Missouri) 1898-1924, 1907-04-04

MA windows Soothing Syrup.
For children teothing softcns the gurus reduces In
namnstion. sllsys pain wind coliU 25c bottle,
The Jasper news. [volume] (Jasper, Missouri) 1898-1924, 1907-04-04

Lewis. Single Binder straight &c. Many
smokers prefer them to l0c cigars. Your
dealer or Lewis Factory, Peoria, Ill.
The Jasper news. [volume] (Jasper, Missouri) 1898-1924, 1907-04-04
Advancement In sIberla.

Agricultural schools have been es.
tablished in several places in 81.
IBERIA, and certain number of steam
plows, reapers and the like are now
In use.
The Jasper news. [volume] (Jasper, Missouri) 1898-1924, 1907-04-04

True dignity is never gained by
place, and never lost when donors are
withdrawn.-Massin
The Jasper news. [volume] (Jasper, Missouri) 1898-1924, 1907-04-04

English Municipal Employees.
In London there are 10000 munic.
ipal employees; in England generally
there are close to 100000.
The Jasper news. [volume] (Jasper, Missouri) 1898-1924, 1907-04-04
In a Pinch, Use ALIENS FooT.EAsE

A powder 1t cures painful, smart
ing, nervous feet and ingrowing nails.
It's the greatest comfort discovery of
the age. Makes new shoes easy. A
certain cure for sweating feet. Sold
by all Druggists, Csc. Accept no sub
stitute. Trial package, FREE. Ad.
dress A. s. Olmsted. LIE Roy, N. Y.
The Jasper news. [volume] (Jasper, Missouri) 1898-1924, 1907-04-04

The noblest spirit is most strongly
attracted by the love OF glory
Cicero.
The Jasper news. [volume] (Jasper, Missouri) 1898-1924, 1907-04-04

ONLY ONE "BROMO QUININE"
may g LAXATIVE BNONO Qnnine. Similarly
named remedies sometimes deceIye Tho arst *
original Cold Tablet is a WHITE PACKAG Il With
u. W. GROVE $50. VI
The Jasper news. [volume] (Jasper, Missouri) 1898-1924, 1907-04-04
You can do your dyeing in half an
hour with PUTNAM FADELESS DYES.
Ask your druggist.

We are ourselves served best by
serving others.--C. G.. Ames.
The Jasper news. [volume] (Jasper, Missouri) 1898-1924, 1907-04-04

When anyone has done you a favor
how small it looks the day after.
The Jasper news. [volume] (Jasper, Missouri) 1898-1924, 1907-04-04

suffering female weakness invited
knowledge
helpful.
AK Mrs. pnkham's Understands Woman
The Jasper news. [volume] (Jasper, Missouri) 1898-1924, 1907-04-04

Important to Mothers.
Examine carefully every bottle Of CASToRrA,
safe and sure remedy for infants and children,
and see that Il
The Jasper news. [volume] (Jasper, Missouri) 1898-1924, 1907-04-04
MISS MARGARET TlcRNEY

A large proportion Of the operations
performed in our hospitals are upon
women and girls for some organic
trouble.
The Jasper news. [volume] (Jasper, Missouri) 1898-1924, 1907-04-04
-,41SxE1Egxz<
Ssss.sEess
FREB

Our mammoth l4s-page Seed m ! n dSo,
ratsiog Is mailed free to all intenains
S Suvsrs or send &C. in stamps and receits
free samples Of new svd T SS e rSai Vh
John A. Salzer Seed Coz BOZ W =
Crosse, Wis.
The Jasper news. [volume] (Jasper, Missouri) 1898-1924, 1907-04-04

True courage is not Incompatible
nth naryousness. and heroism does
~ 'maan the absence OF fear. but tns
!. - a ~, ~ zzpSJs ys1
The Brinkley argus., 1907-10-25
WHEATLEY NEWSLETTER.

! Mrs. John Hammond, of Rector, was visiting relatives and friends at Ithis place the latter part of last week V Mrs. L. K. Brown and daughter, of Z yBrinkley, spent Thursday with Mrs. w. J. Thompson. She has many friends in this little town that would be glad to see her at any time.
 Joda Weston, who has been out in Henrietta, 1. T. about a year, return ed home last Thursday to the delight of his mother and other relatives and friends.
 Earl Payne, of Forrest City, spent Sunday here.
 Y Mrs. M. Goldberg, son and daugh- |ter, Alfred and Eva. went to Memphis Sunday and returned few days la ter.
 The Ladies Aid Society gave a supper at the home of Mrs. w. l. Thompson last Friday night and were very successful, clearing about $l7O0
 Tom Mitchell and wife, and Mrs. Dereaux, of Pine Bluff, were out here visiting Miss Flossie Cross sev- eral days ago. They enjoyed tbeir visit very much and when they re- turned home they took several punches of rice with them, that grew within two miles of Wheatley.
 O.B. Harris and Ike Slager spent Sunday in Memphis.
 Mrs. R. West has been real sick this week but is better now.
 Bro. Johnson, who has been away for more than a week, returned home Tuesday.
 II Miss Carrie Johnson was on the kSick li't this week. Mir. Jim Barley was here on visit to his brother Monday. SUNSHINE.
The Brinkley argus., 1907-10-25
WE HAVE

Just received a car of Leader stoves and ranges, both in cast and steel cooks. NOW have our samples on the floor for your inspection.
 Also have our samples of Air Blast Coal Heaters up for inspection. See our line of Leader air tights, with cast bottom and top, also cast lining. Give us a call if in need of heaters or cooks we can save you money.
 HENRY WoLF & Go.
The Brinkley argus., 1907-10-25
MONROE NEWS.

w. T. R!ner went to Brinkley Sat urday.
 Mrs. Graves King and children, of near Brinkley, came to our city sat urday and remained till Monday the guest of Mrs Albert King.
 Misses Aneene and Elizabeth De- shazo went to Brinkley Saturday
 The sick of our town and surround ing country is reported to De much better this week, We are very glao indeed. Our Sunday School has al most given out since so much SICK ness, but we hope now that the al tendance will increase until we have pood Sunday Schools again.
 Rev. Obenchain filled his usual aP- nointment Saturday night. Sunday and Sunday night. We have Bro. ooen- chain as our Baptist pastor again TOT the coming year. May he do much good in helping to christianize our friends and fellow citizens Of this city.
 .I ! Messrs. J. w. Carter, Buck Will 1 Hams and Chas. Tucker went tc Brlnkley Saturday on business.
 News reached here recently of me death of James Sargent. who, a mum Der of years ago wos resident O this place. His wife is sister O ] Mrs. w. ]. Morris, of this city anG Mrs. Lima Bronte. of Brinkley. MT Sargent is said to have died with con iestion of the brain, Our sympathy is exteuded to the sorroWing relatives of the dedeased.
 Misses Beulah Williams and Eilza'
The Brinkley argus., 1907-10-25

The Ghost or Halo 'Ween party to be given by the ladies on Thursday nigth, Oct, 3lst, at the residence of Mrs. F. w. Hurley in north Brinkley, promises to be most delightful, and at the same time novel affair, to which the general public (everybody) is cordially invited. The hay ride, the Witch of Endor in her tent, the Jersey sweet milk and pumpkin pie, etc., are a few of the many enjoyable features of the delightful social even- ing ahead for all who attend, The whole cost is only 25cts head. Pu' aside all formality and be sure to go You are invited. See headed article notice elsewhere,
The Brinkley argus., 1907-10-25
"pneumonia's Deadly Work

had so seriously affected my righ' lung" writes Mrs Fannie Connor of Rural Route l Georgetown. Tenn .'that | coughed continuously night anc day and the neighbors prediction consumption-seemed inevitable, un til my husband brought home bottle of pr. Kings New Discovery, which in my case proved to be the only Req couch cure and restorer of weak, sore lungs" When all other remedies ut terIy fail, you may still win in the bat tle against lung and throat troubles with New Discovery. the Real cure. Guatanteed by all druggists. 50. and Sl.oo. Trial bottle free.
The Brinkley argus., 1907-10-25
ANOTHER BLIND TIGER. Dr. P. w. Fort, the Negro Doctor, fined fer Running the Tiger. His License
 / Revoked.

4N "Sloo and cost'
 l "Liceil3e to. .nractice medicine re voked!" s
 That's the price the negro doctor 1 P. w. Fort, paid for running a bline tiger in "dear old Brinkley" on Mon day of this week.
 The doctor has been a resident o Brinkley for several years and had built up real nice practice among i the better class of colcred people.
 Fort has been quiet easy going negro and was appearantly good law abiding citizen. He has been . money maker and saver and has acquired several pieces of nice property in Brinkley. and this evident i ly spoiled good negro if there was ever anything good in him.
 For some weeks it has been rumor- ed that "Dr. Forts tonic was the real thing, and he has evidently beer doing land office business, for his bottles have been promisc0usly scat tered over town after they have been emptied. He sold 1t once too often and on Saturday last, night officer Cullipher, noticing the stream of pa tients' the Doctor was having, inter cepted one, and found two bottles of "Dr. Forts Favorte Tonic " on him. This "tonic" was nothing less than the real article of "booze' and pr. Fort was arrested and carried before Mayor Jackson.
 The cDoctor' "sweled up and asked to have his case continued un til Monday when he was going to have an attorney represent him. When Monday came pr. Boozeology had nearly every one of the local phy- sicians summoned and was brazen in his contention that his "tonic was m edcire. Some experts on booze ology pronounced the stuff the real article with not even an attempt to counterfeit it into medicine, and when Mayor Jackson and Prosecuting Or ficer Creenlee got thro' with Fort he
The Brinkley argus., 1907-10-25
The Ghost or Halloween
 Party.

As was spoken of in last weeks ARGUS, Halle 'ween or Ghost Party for Thursday night, October 3lst, at the pretty suburban home of Mir. and Mrs. F. w. Hurley, promises to be one of the most enjoyable social events of the season.
 The Ghost or Halloween party is being gotten up by the ladies and the general public is cordially invited to go. A charge of 25 cents at the door will be made and that price includes the cost of transportation in the big hay wagons from the Ghost Stations in town out to the party and back and also refreshments, bountiful supply of nice Jersey sweet milk and old fashion home made pumpkin pie-25 cents from each ghost pays for the whole thing. the hay ride, out and back, the admission, refreshments, etc, and the ladies, getting up the party, trust that there may be large attendance.
 Some very enjoyable and unique games, etc, together with the pres ence of the Witch of Endor' at home in her fortune telling tent, will afford an abundance of amusement.
 It has been arranged by the ladies to have two stations on the South side, for the ghosts to assemble and board the big hay wagons.
 On the South side the stations will
The Brinkley argus., 1907-10-25

was resembling captured and badly demolished Fort.
 A fine of SloO.oo and cost and the revcking of his license to practice medicine was the penalty that he got. He paid the fine which didn't appear to hurt him at all but the loosing of his license to practice medicine seemed to get next to the Doctor.
 The evidence. in the case developed that Fort had had negro agent out over tie ccuntv bedding some mix lures and preparations with which he has probably been beguilin2 the dol ! lars from the pockets of the ignorant of his race. As this is in open vio- lation of the law and as it turns out that there are number of other of lenses of which Fort has been guilty and liable, it is altogether probable that this vendor of booze will prob ably hike to greener fields before the Grand Jury and also the United States authorities get through with him.
 The Fort class of citizens both black and white, are menace to the peace and quiet of any community they are good for nothing but trouble breeders.
 There are said to be two or three
The Brinkley argus., 1907-10-25

The "Rajah of Bhong which comes to the Black Opera House Wednesday night, Oct 3oth, may be described as musical play. for it has enough of a story to warrant the title of play" while its claim to the destinction of musical production. no one who has listened to the many tuneful numbers with which it abounds will offer any objections. The comedy element is almost omnipresent scarcely minute of the three hour: performance being devoid of laugh and the absence of any coarseness is a marked feature of the entertain ment
 Just tell them you saw it in the ARGUS
The Brinkley argus., 1907-10-25

be at Mrs N. P. Lawrence South N. Y. Ave. and Miss Edna Hodridge $ on South N. o. Ave.
 On the North side it will be at Mrs J. W. Savage's.
 The hay wagons will call at the stations at about o'clock or soon thereafter. Any who desire 10 go un- masked will be gladly welcomed even if they do not choose to wear the ghosty habliments, and they will en- joy the hay ride, the unique and de- licious refreshments, the Witch oi Endor' and other enjoyable features and with their 25 cents, each will be helping in a good cause. The funds raised will be given to the Woman $ Endeavor.
The Brinkley argus., 1907-10-25

others in Brinkley and not all of them the same color skin as Fort, who have been allowing booze to get pretty familiar around them, and who are liable to "Ioose their license to prac- tice" before the law is properly vim dicated.
The Brinkley argus., 1907-10-25

beth DeShazo made trip to Brink ley Tuesday
 Mrs Wallace and daughter, Miss Margaret, who have been quite sick since their visit 10 La, are much better we are glad to report
 JOHN
The Brinkley argus., 1907-10-25
Ex-Representative, George Chapline Goes to Cali
 fOrnia.

Rev, George F.. Chapline, of Clar- endon, who represented this County in Legislature two years ago, has ar ranged to leave Clarendon and go to Los Angeles. Cal, where he goes to accept the position of assistant pastor of one of the largest Christian Churches in that city
 Elder Chapline gave up politics and the law few months ago to give his entire time to the ministry and has had good success in his new work.
 Mir Chapline is now closing out his personal effects in Clarendon and is advertising his pretty residence for sale.
 He expects to leave on Tuesday next for California.
 The ARGUS takes a special pleasure in wishing for MT. ChapIine, long years of usefulness. He is talented young man and that talent wholly con .secrated tc the Masters work. will prove a power for good in the Golden state.
The Brinkley argus., 1907-10-25
BOY WANTED!

A reliable. industrious boy, whc would like to learn the printing bust ness and get paid for learning. k wanted at once by
 THE ARGUS.
The Brinkley argus., 1907-10-25
] PERSONAL NOTES.
loo Reward.

,v me for the arrest and
 nv " nerson stealing timber off
 on,oe, Lee and St. Francis
 BARTER, Administrator.
 svin Estate, Memphis, Tenn.
 them that you saw it in
 a Mrs. R. L. Hurst are
 larendon this week
 Browning, of Humboldt.
 guest of his uncle, WIT
 Iva Baker, of Dexter, Mo-,
 of her cousin. Florence.
 icie Simmons leaves in a
 or Louisiana to spend the
 her sister.
 "a Mrs. E. L. Woodfin " in Zent, the guests Of s. Oliphant.
 Brace Owen has returned k in Clarendon after a visit hnie Biaett.
 laura Neagle and daugh- k Kate and Annie, visited Plant this week.
 \ Mckinney, of Marvell, |hours in the city Tuesday ! ]. B. Dunlap.
 lcan Lumber Co.,. buys Oak 10. Block, Brinkley, Ark. ptIji pay afi ai inspection. our line of Heating both ill air blast and 1. Henry Wolf & Co. Brown. who is with the tory in Forrest City, spent ith his brother, Wiley Sarah Sumpter left We'd
 Little Rock to take a medical college. She in- Ia trained nurse.
 Oillispie, of Memphis, was
 thursday. Perry is now in a Memphis grocery. that his wife has been e recent meeting of the Kansas Fair at Carlisle, Williams, of this city, was ,e lst prize for Battenberg prize for embroidery. Nalah of Bhone.' spofford, '0nn s farciaI comedy with 0v making its third suc- and Will be the attraction .A opera House, Wednes- Oct. 3oth.
 em' 5. Folsom. State Sec me woman's Work of the n chn'ch, u. s. A., has ''''eVllle to attend the An- 0' Synod. On account of 2 WIS F. will be forced to
 pace and give up the
The Brinkley argus., 1907-10-25

Just tell 'em you saw it in the ARGUS.
The Brinkley argus., 1907-10-25

bv me for the arrest ana a Inv " person stealing timber off
 |nn,os, , Lee and St. Francis
 kAPTER. Administrator,
 Evln Estate, Memphis, Tenn'
The Brinkley argus., 1907-10-25

4 "SlOO and cost!' "Liceil3e' to. nractice medicine re-
 vokadf"
The Brinkley argus., 1907-10-25

ARGUS.
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-03-01
STATE OF SOUTH c CAROLINA.
COUNTY OF NEWBERRY.

STATE OF SOUTH CARObINA,#
COUNTY OF NEWBERRY. q
BY John G. Goggans, c. G, g: Pact
1, ing Probate Judge. & s:s% q: s..
4; WHEREAS, S. e. Pitts hath made
suit TO me, to grant her Letters of
Administration Of the Estate of and
effects Of w. "A. Pitts is2
THESE ARE THERETO ORE to cite
and admonish all and singular the
kindred and Creditors of the said w.
a, Pitts deceased, that they be and
appear before me, in the Court Of
Probate, to be held at Newberry C. n. !;
S. G., on Friday, March 9Th, next
after publication thereof, at IL
o'clock in the forenoon, to show
cause, if any they have, why the said
Administration should not be grant
ed. y. ,as s.,lr !, ,$>,.sz >s.z 4 4. \,
GIVEN under my Hand, this 18th
day Of February, Ammo Domini, 1907.
Jno. G. Goggans, G. C. C. P.
..a Acting j. P. N. C. +,
2-22-2t-1tow - - ~. - ~
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-03-01

loined bonds even after the books
showed that they were cancelled, as
there is nothing to indicate toiwhat
bond II coupon belongs or who holds
the FHad. In subst ""ce, this was the
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-03-01
( ESTATE NOTICE. \.

Notice is hereby given that will
make settlement of#8the personal
estate Of VIC. Swittenberg, deceas-
ed, in the Probate Court for Newber-
ry County, on the 23rd day Of March,
1907, at 10 O'Clock in the forenoon,
and that I will Immediately theraf-
ter apply for my final discharge.
Creditors of the estate are notified
to render their claims duly attestcd,
to me or to tombstone and Cromer. on
or before that date. * = &sg$
M. K. Swittenberg,
Administrative.
2-22-1m-1taw. ~ r
The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-03-01
ZIMMERMAN CASE ON TRIAL.
Court at Columbia Hearing Missing
State Bonds Matter-Two Sur
prists Given.
News aud Courier.


Columbia, February 25.-When the
case against Daniel Zimmerman and
Thomas j. Gibson, involving charges
Of purloining bonds from the state
treasurer Office, was called this
morning in General Sessions Court an
unexpected move was made by the at
torncys for Zimmerman. A demur-
rer was made to the complaint on the
ground that under common law and
under the statute, forgery, which was
the charge in this particular indict-
mcnt. is not All offence when the de-
fraudcd party is the state. The de-
murrcr was overrucd and then the
defendant, Zimmerman, pleaded gull
~ i" the indictment cas- charged. !"
1t is evidently the intention of the
dc!rsdant's attorneys, McSsrs. Bel
lin"cr 4 Wclch, to take the matter to
the >urpeme court, and they have suf-
ticicnt confidence in their position to
risk the plea Of guilty.
The defendant, Gibson, was not az
ral"ncd at the morning session, and
the prosecution asked for post
p"nemcnt until 4 o'clock this after
noon. when the Gibson ease would be
taken up.
For the state, Solicitor Zimmerman
announced that The prosecution would
- -be-eouLue4rM by Solicitor Davis, Of
tn" 2nd circuit. and by former Solic-
ii"r Thurmond. Of lidgcficld, and that
he would not himself appear in the
ease, as the administration of his
father, Dr. W. II. Zimmerman, ~
state treasurer, was involved. Fot
the defendant. r. J. Gibson, Mr. An
drew Crawford appears, and for Zim-
norman, Messr>. Brllingcr & Wclch.
The prosecution elected to 90 To trial
first on the indictment charging con-
Spirncy. forgery and uttcrin~ Il forged
instrument. II WAS To this Indictment
that thc defendants dcmurrcd. There
arc iw" other Indictments against
both of the defendants, one charninn
larceny, breach Of trust and receiving
stolen goods, and the other charging
breach Of trust with Fraudulent intent,
larceny and receiving stolen goods
There were in all about 81 bonds of
tn" state taken from the troasurrr's
office, amounting to about $1,000 in
all.
The folowin" is ihc section under
which they were indicted in this enc
case:
"Scctim 3713. Whoever shall be
convicted OF falsely making. Forging"
or rotntcrlciting, on causing or pro-
curing to be falsely made, forged or
countcrfciicd or Of willingly acting
or assisting IN the false making, forg-
ir% or cuunlrrlrtin". rr any wriliGy
ar instrument Of writin". or of utter
Ing or publishing as true any false.
forced or cnunteririlrd writing or in-
Strumcnt Of writing, or Of falsely
making, forging. romtcrfciting, alter
ing, changing, defncing or crasing, or
causin" or procuring to he falsely
made, forged, countcrfcited, altered,
changed. defaccd or erased, any rec
ord ." plat of land. or of willingly
actin" ." assisting in any of the
premises, with an intention to de-
fraud any PERSON, shall be guilty of
for9c!y. and shall be sentenced to b"
imprisoned not less than one year nor
more than seven years, and also to
pay such fine as may be judged ex-
pedient at the discretion Of the judge