davidaulloa/AmericanStories huggingface dataset:
The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1907-04-05

Balance to my good. .s4,530.75
Particulars as to how to secure low
railway rates to the free homestead
lands of Western Canada may be Sc
cured from any Canadian Government
Agent.
The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1907-04-05

II any more warships are sent to
Central America, the crowd of spec
tators will number more than the
combined armies of the b~elligerents.
The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1907-04-05

Arctic explorers should be careful
about taking any bad men along lest
they shoot out the northern lights.
The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1907-04-05
Animals With Backbones.

The number of different species OF
animals known to naturalists Is,
roughly, 156, 900, of which $1,000 are
~vertebrates, or b%ackboned.
The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1907-04-05

Mr.. Rockefeller say he has a heavy
weight on his mind. He should buy
a lighter wig.
The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1907-04-05

Keep our fears to yourself, but
share your courage with others
Stevens.
The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1907-04-05

Persistent people begin their sue
cess where others end in failure.-Ed-
ward Eggleston.
The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1907-04-05

It sometimes happens that when an
actor finds things coming his way he
tries to dodge them.
The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1907-04-05

Mrs.. Winslow's Soothing Syrup.
For children ~teething, softcns the gurus, reduces IN
nammasion, AllAys pain. cures wind colo. &c bottle.
The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1907-04-05

Smokers have to call for Lewis Single
Binder cigar to get IL. Your dealer or
Lewis Factory, Peoria. III.
The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1907-04-05
eioUREs OF A CROP IN WESTERN
CANADA.
How a Swan River Settler Has
Succeeded.

Benito, Manitoba, Nov. 26, 1906.
At Swan River Valley, in May, 1900,
a settler took up a homestead on Sec
ton 30, In Township "a, Range 20
West of the First Meridian, at that
time so miles from a railway, tele-
graph, school or church. There Is
now a railway within two miles of
my farm, and all these other advant-
ages close at hand. His story Is:
AFTER making my homestead entry
fee of $40 / had $4,000 total (f~orty.hve
dollars) capital. Through doing
homestead duties in slack times of
the year, / managed to get a start. l
am a married man of % years Of age.
II built my first house, or shack,
and broke up 8 acres, putting five
acres In crop the first year.
This year, 1906, / had 80 acres in
crop-65 acres in wheat, 20 acres Of
which yielded $50 bushels, or 42h
bushels per acre; Is acres of oats,
which yielded 1856 bushels, and one
stack Of oats in sheaf for feed.
The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1907-04-05

A man may know much and yet be
nOthing.-Dr. Parker.
The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1907-04-05

Lewis Single Binder Cigar has a rich
taste. Your dealer or Lewis Factory,
Peoria, Ill.
The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1907-04-05

II is not SO much the being exempt
from faults as the having overcome
them, that Ia an advantage to u.s.
Swift.
The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1907-04-05
Photooraphs of Brave Men.

The Mikado and the crown prince of
Japan are each having an album made
of photographs of all the military and
naval officers killed in the war with
Russia.
The Montgomery tribune. (Montgomery City, Mo.) 1892-1910, 1907-04-05

It avails little to the unfortunate to
be brave.-From the Spanish.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05
FIRE AT SAN FRANCISCO.
One Dead and Sixteen Injured IN an
Italian Hotel.

San Francisco. April 4.-One man
was burned to death and IL injured III
A fire which destroyed an Italian no.
tel at 18th and Connecticut streets
in the Potrero. early today.
The victims were of the laoorine
class and were asleep in their hoolns
when the fire started. Before the4
could be aroused the flames had spread
through the building. The walls leil
and the inmates were buried III the
ruins. People from other notes III
the vicinity rushed to the assistance
of the buried victims and succecdeu
in rescuing all of them, it is believed
from the flaming timbers. Teams
were hurriedly harnessed and auto
mobiles brought into service and inc
injured were rushed to the Potfero
Emergency Hospital.
The fire that destroyed the Geneva
Hotel had gained great Roadway be-
fore it was discovered. There were
over 100 dodgers in the building.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05
THIRTY FiREMEN HURT.
Chief Croker Among Those Injured In
New York Fire.

New York. April 4.-Thirty firemen,
among them Chief Croker and Deputy
Chief C;ucrit Were injured by faillng
debris, and damage estimated at $30,-
900 was caused by fire in the five
story building at 159 Maiden Lane
early today. Only two of the injured
men were severely hurt. They are
Andrew Swert, assistant foreman ana
David Murphy, d fireman. Both are In
a hospital with badly crushed bodies.
Nearly hundred firemen We're at
work on the burning building when
an explosion ripped off the roof, tore
out the front wall Of the building from
the fourth story up and shook portions
of two other walls down into the
street. Al the sound of the explosion
the firemen fled but 80 of them We're
caught in the falling debris. Most OF
the injured were treated i'll a temper
ary hospital The burned building was
occupied by William H. Schulz q Co.,
dealers in gums and varnlsheS.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05
THE LATEST PHASE
Is that Case May Be Carried to the
Appellate Court.

New York. April 4.-The latest issue
raised in connection with the trial Of
Harry X. ThaW will be carried before
the appellate division of the supreme
court. After an examination of author
tiles and a study OF the facts involved
that continued from the hour that
court adjourned TODAY District Attor-
ney jerome late tonight determined to
ask the higher court to review the aC-
ton Of Judge Fitzgerald, who refused
to give the prosecutor access TO the
minutes of the lunacy commission. that
earlier in the day had declared Thaw
sane within the boundaries prescribed
by the court fer his examination.
Adjournment had been taken until
Monday to allow Mr.. jerome to decide
whether he would challenge the valid
ity Of today's proceedings. and his de-
cision to do so was reached earlier than
lad been expected.
Mr.. Jerome will it is expected. make
his formal motion before a member of
the appellate branch tomorrow or Sat
urday. Should he fail the trial Will
probably be continued Monday.
If. on the other hand. the higher
court entertains his appeal. a stay OF
the trial until the court reaches de-
ciHion will probably be secured. This
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05

THAT we were attended by the Hon
orable William T. jerome. district at
tcrney of the county of New York, and
counsel for the defendant took part in
the proceedings. The defendant at
tended in person all hearings and was
orally and physically examined.
That we examined a large number
of witnesses furnished by the district
attorney, the counsel for the defen-
dant and called by the commission.
Among them were prison physicians,
chaplans. keepers, probation officers,
sheriffs. guards in charge of the de-
f,ndant two Of the defendants coun-
sci. and 10 physicians. l. of whom
were alenists We have received i'll
evidence many documents and papers
including written communications
II ON the defendant 70 his counsel.
In the frequent ana i'll some case" dal'
" during The several months last past.
intercourse had by the defendant with
the ,rombs physicians. chaplains. keep
ers other attendants and the probation
officers. these persons failed to discover
anything irrational il his conduct or
speech.
The defendant has taken an active
mart in the conduct of the trial; has made
numerous suggestions orally Ill court
and by letter as to the selection OF jurors
and the examination OF witnesses. Many
! of these suggestions We're deemed val
| liable and were adopted By his counsel
and examination of the letters referred to
| shows that generally the suggestions
contained in them We're material. sensible
and apparently the product of a sane
mind While the testimony of numerous
experts called by the district attorney and
| the defendants counsel is lrreconcllable,
that given by certain experts who person
| ally examined the defendant during the
trial and since the appointment of the
/ commission and who Of all the alicnlsts
| examined had the greatest opportunity
| Of observation. disclosed the fact that
! no indication of insanity at the present
time could be found i'll the speech. con-
duct or physical condition of the defend
ant
''rhe direct oral and physical cXamna-
ton Of the defendant by the commissions
ers themselves disclosed no insanity in
the defend ant at the present time. Upo!
| al of tie facts it is our opinion that al
the time of our examination the said
Harry x. Thaw was and is sane and wa
not and is not i'll z, state Of Idiocy imbe-
cility lunacy or insanity; as to be in
capable or rightly understanding his OWL
condition, the nature of the charges
against him and of conducting his de
fence i'll a rational manner.
THE minutes Of the proceedings hac
before Us ana the documents received il
evidence. arc herewith submittd.
| Dated at New York, y. y. this fourth
day Of April 1901
(Signedj
DAVID MCCLURE,
PETER B. OLNEf.
"LEOPOI.D PUTZEL'
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05

William A. Winter, a machinist en-
ployed at Scribner's machine shop ana
residing on Maple street, Halloween
was badly injured yesterday morning
while at his work. A pulley became
loosened from the shafting overheau
and fell, striking him a glancing blow
on the forehead and cheek and falling
on his right foot with great force. Inc
injured man was rendered unconscious
and DR.. Clason was called. 1t wa
found on examination that the rlsh'
foot was badly crushed and the DONE,
of the big toe smashed, the second anu
fourth toes broken and the Whole -
the front part of the foot badly crush.
ed. He was taken to his nome /"
Hallowell and DR.. Clason found IL hee
essary to amputate the big toe. M.
Winter had a small cash on ms risn.
cheek. The forward part OF the w.
was badly swollen but 1t is peleseu
no further amputation will be neceS
sary.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05
And Great Damage Done
by Quake at Bit|is,
Over 300 Houses Shaken Down
and Others Damaged.
Famine Prices Cause Poverty and
Extreme Suffering.

Constantinoble, April 1.-THE follow
ing dispatch was received here today
from the Rev. Royal NJ. Cole, head "a
the American mission at Bitlis:
"Bitlis. Turkish Armenia April J. Al
IL O'Clock in the forenoon of March %
there burst upon us unannounced the
worst earthquake Witnessed in 40 years
in these Or the ErZerum volcanic reg
ions. Such was its force that our city
seem, 10 be in the jaws of some mon
ster who would shake Us into shreds. a.
a ma"tiff Goes his game. Dawn cam.
the clustering. the furniture Was oV' =
turned. cracks We're opened in strong
walls. roofs were shattered and ram
poured in.
During the FIRST day thcI" were
shocks and they still continue. Ther-
nave Dcen altogether IS shocks. OF the
1000 houses here, over 800 have fallen
and half the remainder have been
damaged. about $50 TO $500 being
needed to repair each house. The Off.
Gals report that eight persons Were
killcd by falling walls bur they ".
all unknown in EitliS. Many persons
were wounded and many churches
mosques and government: buildings
were damaged The surrounding VII
lagos sustained heavy shocks. but il
was III The daytime 50 there was nc
great loss of life"
The foreigners II Bitlis are The Rus.
Sian consul. Charlotte +: Ely. Mary \
e. Ely Royal 81. cole. Mrs. Lizzie Cole
and Mis- Nellie A. ,'oi.
Fainir" prices prevail anG there i
great poverty and extreme Sriffcriu9
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05
NEW TERMINALS
For Portland & Rumford Falls r. n.
In Deering and South Portland.

Portland. Ne, April T. The reports
that the Portland < Rumford Falls
Railway Co. has acquired large tracts
Of land at East Deering and South
Portland We're confirmed by AN official
statement tonight. Willie it was not
50 stated. II is believed these two To-
cations will be used as terminals when
the line is extended from Rumford
junction to this city.
Announcement also was made that
this company, which was recently iu-
corpOrated by a legislative act. has
Just organized under its new charter
and leased the properties of the Port
land K ItumfOrd Falls Railroad and
the Rumford Falls K RangeIey Lakes
Railroad Co. assuming all liabilities of
these two roads. The leases provide
for the payment Of \ per cent. annual
dividends to the Stockholders Or the
Portland & Rumfnrd Falls Railway
and per cent. annual dividends to
the stockholders of the Rumford Falls
& Rangelcy Lakes Railroad
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05
CONSULAR PROMOTIONS.
U. 3. Ledoux of Maine Transferred
from Prague to Santos.

Washington. April 4.-The follow
ing promotions arc among these Ill
the consular service announced by
Secretary Root today:
James A. Smith, Vermont, from
consular agent at I.eghorn to consular
general at Bomba Congo Free State.
Roger S. Green. Massachusetts, from
consul at Vladivstock to consul at
Delany.
Selah Merrill, Massachusetts. from
consul at Jerusalem to consul at
Georgetown. Guiana.
Urban X LedouX, of Maine. from
consul at Prague to consul at Santos
Edward A. Greevy. Conncsticut. from
consul at Yarmouth TO consul at
Colombo.
Charles NJ. Freeman, New Hamp-
shire. from consul at st. Pierre to con-
sui at Durango.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05
OFF FOR SOUTH.
Transport Fitzpatrick Leaves Portland
With Troops Aboard.

Portland. Me. April 4.--Thc rnitrd
States transport Fitzpatrick sailed ear
ly today with the 74th and 18th Com
panics of coast artillery from Forts
Williams and Prcblc to bc transferred
t" Southern forts. Tho transport will
call at Boston for two companies and
nj "a number of other districts along
the coast. returning 4" Portland on
May 6 with the 5th ana Sth Com
panics. respectively. from Fort Seer
vera. Georgia. and Fort Moultrie. 5.
e. for Forts Williams and Preble.
The transport is scheduled to make
stops on the round trip in the follow
ing order: Boston. Newport. r. l..
Baltimore. Key West. Fort DeSOto.
Fla. Darrancus. Fla. New Orleans.
Fort SCervera, Ga. Fort Fremont. :.
G.. Fort Moultrie. :. g.. Fort Caswell.
Fort DUPONT. New York. Newport,
Boston and Portland
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05
Charles w. Strine No Better.

Boston. April 4.-The condition of
Charles w Strine. manager of the
Metropolitan Opera Company of New
York, who is critically i'll in this city,
was unchanged early today. Mr..
S'trine was operated upon for appen-
dicitis last Friday and blood poisoning
set in.
At 10 o'clock tonight the condition
Of Mr.. Strine was reported to be un-
changed. and there was still very little
hope of his recovery.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05

A woman in typewriter contest i'll
Paris recently won a victory over more
than $50 competitors by writing 1880
words in four hours. A man wrote H.
900 words, but he made so many mis-
takes that he was ruled out. An
American woman had surpassed the
French woman's record for in the Or
binary course Of business she once
wrote 10.30O words in two and one half
hours, and made three copies as SIZE
went along.-Youth's Companion.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05
INSTANTLY KILLED.
Brakeman Geo. Butler, Jr.. Waterv'''e,
Struck BY Overhead Bridge.

Freeport. Me. April 4.-Brakeman
George Butler. Jr.. of Waterville was
killed by an overhead bridge today
while riding on the top OF Spetia'
east bound freight train between Var
mouth and F'reeport. He was 50 years
old The body was brought here and
coroner w. w. Fish ordered an in
quest to be held.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05
A $4,000 GIFT
To Western University Of Pcnnsyl-
vania BY Thaw's Half Brother.

Pittsburg, April ,4.-Bcnjamin Thaw.
a half brother Of Harry X. Thaw, now
OH trial for the murder of Stanford
White, has donated $4,000 to the fund
for the proposed new building for the
Western University of Pennsylvania.
Mr.. Thaw tended the subscription to
Chancellor S. B. Mccormick some time
ago. but the fact was not made public
until today.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05
MAINE POSTAL CHANGES.

Washington. April 4.-Changes OF Maine
fourth class postmasters:
North Monmouth, kennebec county
Meier Peaslee, vice L. f. Dudley. re-
signed. Palermo. Waldo county. Herbert
7, Pinkham. vice p 5. Worthing. resign
cd. North Pa1sonsiield. York county
samuel q. Pease. vice j. 7. Wentworth
resigned.
The following posta. changes Ill Mdih'
are announced:
Pretty Marsh. Hancock county lSs Eods
w, on 1911.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05

Rev. George H. Howes, who is to De
pastcr Of the Universalist church Oh
this city. arrived yesterday and VIII
Preach his first sermon next Sunday.
Miss May Coughlin of Augusta VIII
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05
MRS. FRANCIS {. BUTLER.
Real Daughter Of the American Revo
luton Dies At Pennington

Pennington. Me. April Mrs
Francis T. Butler. a real daughter Of
the American revolution. died tonight
at the age of 81 years. She was presi-
dent of the Franklin County Equal
Suffrage Association. and Of the Farm
ington branch OF the W. g. I. L. she
was daughter Of Thomas Wendell. ii
soldier in the Revolutionary war and
aftcrward for many years. prominent
as a merchant in this town. Mrs. But
ler's daughter is TIL Wife Of Charles
+. Thwing. D. D.. president of the
Western Reserve University.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05
DUMONT NOT HURT.
His AeropIane Is Badly Damaged
Through Being Upset In SqualI.

Paris. April 4.-Santos Dumont was
not willing to risk his new aeropla:c
in the heavy wind blowing today SO
he made his experiment with his old
machine. He flew distanc" Of 20
yards. when the machine WAS upset
by strong gust of wind and came
violently to the ground. NJ. Santos
Dumont was not injured. but lhe ma
chine was seriously damaged.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05
Schooner Thomas w. Lawson Adrift

Charleston, 5. c.. April 4.-The big
tug boat Paul Jones from Sabine pass
bound for Marcus Hook, came into port
yesterday considerably damaged from
the storm east Of Lookout. The cap
tain reported that the schooner Thorn
as w Lawson, which was in tow, part
ed the hawser during the height OF the
gale and had not been seen since. The
Lawson is schooner of 1900 tons net
register and vas loaded with Oil and
had a full crew and full equipment.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05

will mean an indefinite delay in the
trial of the original issue. Should the
higher court find the trial judge in err
ror, the district attorney would require
considerable time to examine the min
utes Of the lunacy commission before
he would be prepared to resume the
trial.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05

Mr.. and Mrs. w. S. Spratt arrived
Yesterday from Gorham and Will make
a lew DAYS, visit with Mrs. SprattS
sister, Mrs. John MARI
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05

The Crescent Club will entertain
with q whist party and social tonisht
at /. o. o. F. hall. -Four prizes Will De
awarded and an excellent time is an
ticipated.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05

The Lyceum Comedy Company gave
all excellent production of Dora
Thorne" last evening before large
house. This evening the company Will
rut on one of the strongest plays in It's
repertoire, Camille
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05

Capt. Westman went to Boothoay
Harbor yesterday to overhaul the LIZ
zie Snow, with which he will tow the
steamer Gardiner to this city as soon
as the ice goes out.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05

The Current Event Club were unable
to secure quorum at their last meeting
which was 10 be the business meeting
Of the year. The next meeting will De
held Monday evening and it is urgently
requested that every member attend
as there is important business to come
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05

Mrs. A. E. Hutchinson has arrived
home. after travelling through the state
consolidating the Pythian Sisterhood
and the Rathborne Sisters.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05

Richard Danforth arrived home last
evening from Dartmouth for his vaca-
ton. He was accompanied by Miss
Margaret.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05

Charles W. Cummings returned yes
terday to his home in Auburn. after
visit with Charles Messenger in Farm
ingdaie.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05

Charles Messenger left yesterday for
Fall River to report to the New Eng
land League team of that city for
tryout His many friends in this city
wish him luck.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05

II. D. Wells went to Boston yester-
day on a combined business and pleas
ure trip.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05

Robert Horn. who mas been in this
citv for several weeks on business, re-
turned yesterday to lis home i'll Chica-
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05

The Foresters of America will hold
an assembly at their hall this evening.
An excellent time is expected and Lee
will furnish music.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05

The home of Mr.. and Mrs. }. ID. Len
nan was blessed by the arrival Of
daughter last Sunday.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05

Government receipts Thursday: From
internal revenue. s770.7O7; customs. ST.
1876, sos; miscellaneous, s79,1s2. Expendi-
lures, 50. 10000.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05

Mrs. George B. Huff and son Willie
of North Conway. have returned home
after a visit with relatives III Ran
do!ph.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05

The Sunshine Circle will meet with
Mrs. Everett Snail this afternoon. 1t is
hoped that every member will attend.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05

Fred Grant OF Somerville has been the
guest of Mr.. and Mrs. Fred Aver N
Randolph for several days.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05

e. D. Tasker is gaining rapidly at
his home in Randolph from his attack
of pneumonia.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-05

A. ]. Burns. who has been suffering
from 2 bad attack Of neuralgia, IS IN
proved sufficiently to be out