davidaulloa/AmericanStories huggingface dataset:
The Winchester news. [volume] (Winchester, Ky.) 1908-19??, 1908-11-23
EARTH OBSCURED BY
FOREST FIRE SMOKE
ST. Louis Aeronauts Spend All
Night In Balloon.

Tiger, Ga, Nov. 2..-The story of
an exciting all-night trip in the bal
loon Yankee, which left ST. Louis and
landed near here, was told by A. B.
Lambert, pilot of the balloon. Mr..
Lambert said:
I'VE left st. Louis and crossed IL
linois at an altitude of $500 feet. Our
progress over Illinois was very slow.
At Boyd, Inu., we descended and
made landing, stopping As minutes
We then proceeded, but after going
only 20 miles landed again and talk
ed to some people. We then ascend
ed and stayed up all night. We might
not have remained up during the
night but for the fact that it appear
ed the wisest thing to do, owing to
forest fires beneath us. Smoke both
cred us a good deal, and al times
was so dense that we could not see
the earth. Early in the morning we
landed here in the mountains in the
northwest corner OF Georgia. The
landing was made in a small field
without accident, and with luck IA
voring us. The point where we land
ed is about $50 miles from st. Louis,
and our course was a semi-circle.
1--WE were somewhat surprised to
find where we landed. In order to
land we descended from an altitude
of 10000 feet, having decided that
we could not cross the mountain
which appeared ahead of us owing to
lack of wind and the rising of the
sun, which increased the capacity of
our gas, thereby diminishing our bal
last supply. Had it not been for
doubts concerning the situation OF
the land, we might have continued
under the use of guide rope, which
had been our Intention
The Winchester news. [volume] (Winchester, Ky.) 1908-19??, 1908-11-23
The Expert.

If we ever come across the heaven
sent being whom the expert" seems
to some minds TO incarnate, we shall
fall down and worship among the
first. But officials. as we know them,
are much like other people, and on
the whole do their work very much
better when liable to criticism and
subject to supervision and dismissal.
London Nation.
The Winchester news. [volume] (Winchester, Ky.) 1908-19??, 1908-11-23
I>atare Coaquefs Nam.

Man can get along without his cite.
and his clothes and his complicated
tools and treasures; but all his
Wanted wisdom and skill are set ut
terly at naught by the simple failure
of the clouds to drop rain. The only
actual necessities of life are those be-
stowals of nature which were necessi-
ties to aboriginal man.-Philadelphi
Bulletin
The Winchester news. [volume] (Winchester, Ky.) 1908-19??, 1908-11-23
Federal Prisoners ESCAPE.

East st. Louis, ILL.,, Nov 2n.-Four
federal prisoners escaped from the
Jail here by bending apart bars over
a window. The fugitives are: Lee
Kindog and c. c. Drake, accused of
robbing the postoffice at Ridgeville,
ILL.,; ]. ]. Grubb, sentenced to one
years imprisonment for robbing mail
boxes at Centralia, H., and Sam Will
son.
The Winchester news. [volume] (Winchester, Ky.) 1908-19??, 1908-11-23
"Cannon BalIn Wrecked.

New Orleans, Nov 20.-Texas &
Pacific passenger train known as the
cannon BALI was wrecked 40 miles
from New Orleans.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11
LOCAL OPTION AND TAXATION.

East Liverpool. OHIO. has recently
voted out the saloon. The tax levy is
row higher than it has ever been be-
fore. 1t is 81 800 mills or S37.15 for
every $1,000 worth of property.
Since Wellsville. O., has gone dry.
the tax levy has been raised to the
limit of the law, 10 mills for municipal
purposes. to which State, county,
school taxes, ETC., have to be added.
In Athens, o., where the saloon was
voted out, an extra levy of 1.s mills
for the general fund and of 1.5 mills
for the safety fund had to be made.
which means an extra tax of over 50
for every $1,000 worth of property.
Voting out the saloon is always fol-
lowed by increase of taxation, without
any compensation for It. For the use
of alcoholic beverages will go on as
before. but the money expended for it
win go to other places. Adv. 2-11-0s
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11

sgeAs efsfYs 10. rel. ! ~
Ell months 81 nyesrigation u Enrope
and the UnItei states, / am astonnded
to and more DRUNKENNESS where pro
i..bItton prevails than where It does
not.
The above remarI; was made to Chief
David Bowden. Of the Kansas City.
Kan, police ester.lny by Rev. william
Thomson, Of Dunedin. New Zealand.
special Investigator Of the worlds liq-
uos situation, at the expense and un-
der The CREDENTIALS nf his local govern
ment. Upon leaving the Islands last
winter Rev Mr.. Thomson was instruct.
Ell to cover proholhltion districts in
Europe and America fully. and to &C
cept only as statistics official reports.
The result is. hr .ays, that he has &C
eanrl- I'd a vset dea otdata and incl.
dentaily picked up conclusions Of his
own regarding prohibition.
After spending two hours with Chief
Rowden at the Kcnsas City, Kan, po-
lice headquarters. comparing the daily
arrest reports OF several years back.
vixen the g itnfs" were open. with
tanse OF todas. nc said that they com
pared favorahiy with reports from pro-
hibition districts ell over the world.
II find crime does not diminish with
the lid on.n said Mr.. Thomson. "on
the contrary. IT increases, apparently
through the innate stubbornness Of
human nature There has never been
time in Civilized country when in
toxIcants could not be obtained. Peo-
nle have risen voluntarily and denied
themselves strong beverages although
they were to be hal at their very door,
but this was not prohibition. but self.
denial.
II can not say admire the prohibit
tion idea. | IKE rather the self-denial
idea, and therefore. local option.
found Maine very wet with many al
leys in the larger cities concealing
'speak-easys' o. Joints as they are
called here. l haze seen business men
OF social rank drinking at the plain
pine bars In thess hidden saloons,
with the greatest apparent enjoyment,
Some of thereon drinking there, 1 was
tod. had helrea make the laws they
were covertly breaking. To me it was
strong augment against prohibit
ton"
New Zealand. Mr.. Thomson said, has
Ind local opttIn +. years. There are
few towns where absolutely no
strong drinks are sold.
There are no saloons in New Yea
land, however, so the use of strong
drinks has not been as generally con-
demned as IN this country" he said.
every hostelry Is provided with bar
after the manner ri Old England. The
law has always forbid person Of I'M
clean habits entering into the profes.
sion of bartender" ADV. 2-11-OS
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11
Bic FIGHT Over
M'DERMOT1'S BILL
ROW LOOKED FOR IN HOUSE OF
MoNcNGALlA SENATOR'S
MEASURE.

CHARLESTON, Feb. 11.-Apparently
one OF the biggest fights brewing in
the house now viii be over Senate bill
No. 5. introduced by President McDer-
mott, or the Senate which will have
the effect of preventing railroads from
condemning both sides OF a navigable
stream for right Of way. When the
consideration of this hill came up in
the house yesterday afternoon It was
ordered referred to the judiciary COM
mittee. but later. on motion of Middle
berg, this action was recons.dered and
the bill was then ordered to second
reading. That there Will be big
fight over it is conceded. There has
been big railroad lobby here against
this bill and they are all working hard
to defeat it if. possible.
After some amendments the dog
law was ordered to third reading.
House bill No. 3, establishing sinking
funds for counties, boards OF education
and municipalities, went to second
reading, as did house bill No. 30.
which provides for tax OF 5000 on
each travelling salesman and amends
the social club law.
.McCrum's constitutional amendment
providing for classification OF property
for purposes of taxation. was ordered
to second reading. though not reported
favorably from the committee. House
bill No. "a. which provides for a con-
gregate dining room for the inmates
at the Weston asylum and Senate bill!
No. 9. creating the Independent school
district of Buckhannon, were also or
dered to second reading, while house
bill No. 9. providing for the supervi-
sion of trust companies, was ordered
to third reading. House bill No. %.
the amended ballot law, which was re-
ported at the morning session, was
ordered to the second reading. The
bill was prepared by the judiciary
committee and cures some of the de
Eects in the original bill.
Democrats frustrated.
The morning session of the house
was enlivened by the attempt of the
Democrats to amend Staunton's bill,
but the Republicans stuck together
and the former were not able to carry
out their purpose. The move was
made by wetzel. who wanted to so
amend the bill as to Increase the levy
to 40 cents, and also to strike out the
provision for the distribution of the
school fund. but this was lost by a
vote of 90 to 90. Then Hall tried to
amend by increasing the levy from IS
to 40 cents. and this also went down
to defeat. The bill was so amended
that counties which vote for an extra
levy for 1908 may continue the same
for 1909 without holding another cleo
tion. Following this the bill was or.
dered to third reading.
House concurrent resolution on the
death of Charles E. Haddox, late war
den of the MoundsvIlle penitentiary,
was passed by the house.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11
Quiet Home Wedding.

At o O'Clock SdtI. day night at her
hime at the corner o: Sycamore and
Locust streets Miss Villa B. Sitter
was married to MIR. Clinton E. simms
Of Fairmont The Rev. DR.. Thomas
smith Wade performed the ceremony
in the presence OF several relatives
and friends. Miss sdizer~is a daugh-
ter of Mr.. and Mrs. j. W. Sitter and
a young lady OF educational attain
ments. having bees graduated from
the high school. Broaidus Institute
and the Falrmont and Huntington
state Normal Schools. Mr.. simms was
formerly the superintendent of coal
mine but is now stu"ying for the min
issry. After the ceremony delightful
refreshments wele seryed.-clarks-
burg Telegram.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11
Peru to Entertain
AMERICAN FLEET BUSY ARRANG
ING PROGRAMME BECAUSE
OF ARMApA's DELAY,

LIMA. Peru. Feb 1.-THE Peru.
Wan government e hastily overhauling
and re-arrangfng It's programme for
the entertainment OF the United sta<es
battleship squadron 1T callao, the
change In the probable date of the
vessels arrival having seriously up
set plans.
1t is deemed hardly likely that
Admiral Evans Will be able to make
up the two days lost by the postpone
ment of the date Of sailing from Pun
ia Arenas from F,5r1ary 5 to Febru-
airy %, and nayigarors are generally OF
the opinion that the fleet will enter
callao harbor February 10 or 20 In
stead of February IS, as originally in
tended.
News that the fleet was sighted by
the Pacific Nsv:catipn company's
steamship orita. iow at Punta Arenas
twelve miles east Of Cape Pillar is re.
garded as praeticaiiy assuring safe
passage through Magellan strait
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11
Good PROGRESS
BEING MADE BY SENATOR ASH
BURNS SCHOOL RoAaD
BILL.

CHARLESTON. Zen
Ashburn's bill for 4 state sehcpi bops
board and a uniform series q lesEt
books is making good progre tlireusa
the Senate and win come % O. sec
ond reading Tuesday or " ~
He PROPOSE State seAeel bpot
commission to consist 81 81 expeT
fenced educators q known clIarar-eE
and ability. representation q ihc pEt
mary, secondary and highas grades
Not more than four shan ii q oeE
political party and their term shFlf oe
for fiye years The State supeiia
ent of schools shall be Bearelary IS
the board.
The first meeting shan pc hala fAe
hrst Tuesday In June 1914 EAHa 3
shall re-eontsaet for tie psrlot g csc
year after July ;folIoNips sea-
text books as are now - me sSs faF
which county contracts az ~
June 50. 1911,
On the second Tuesday n Agfca.
1912, and each NTH year thei ie.
bids will be asked trom pabiishes los
furnishing text books or spellir
reading, writing. arithmetic Iaasq
hygiene. physiologys gramnar csYl
government, State history Unite
States history general hiator book
keeping. geography. elementary aiEe
bra, plain geometry eiementsol asrI-
culture, literature ana EpgiIsh alstioa'
aries. Such books must 81 ue ~
all the common schools q shs ssais
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11
<. d 2. Anlnversary

Mountain city Lodge No. 4s, knights
OF Pythias. have issued invitations for
a social session to be held in common
grafton of the forty-fifth anniversary
Of the order on Thursday, February
the goth, in the New Masonic TEN
pie. The invitation reads:
Yourself and ladies' are cordially in
vited, to attend a
A Social Session
Mountain City Lodge No. 4s,
knights of Pythias
concentrating the
Forty-ffth Anniversary of the Order
to be held in the
New Masonic Temple
Thursday evening. November the
twentieth
nineteen hundred and eight.
8 to IL.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11
Birthday Celebration.

Mrs. Susan Watson. one Of the most
highly respected and venerable ladies
of the community, celebrated the s7th
anniversary of her birth yesterday at
her home on Locust avenue. The
hours were from three until I'VE and
the guests, which numbered about
thirty, included her intimate friends
and neighbors and relatives. A de-
ltshtful afternoon was spent and
tempting refreshments were served by
Mrs. Watson's daughters, Misses Bes-
sic and Edith Watson and Mrs. Fay
Watson.
Among the guests present were Mrs.
Flora Arnett and Mrs. NJ. n. Barns,
daughters of Mrs. Watson: Misses
blanche Barns and Caroline Barns,
and Miss Fay Watson. grand daugh-
tiers of Mrs. Watson, Misses Susan and
katharine Arnett and Master Bernard
Arnett, great grandchildren, and Mrs.
NJ A. Fletcher and sister. Miss Edna
Boring, the latter Of Harrison county;
Mrs. Henry Martin Mr. W. E. Watson
and daughter, Miss Rose Watson, Of
smithtown; Miss Blake Watson, of
opekiska; Miss sallie Mccoy. Mrs. w.
q STEELE. Miss Carrie waggoner, Miss
Mary Oldham. Mrs. NJ. A. Nuzum,
Mrs katharine Hutchinson. Rev. Nor
ton Barnes, Miss Ida Watson. Mrs. E.
F. Hartley and daughter, Miss Mary
Frances, Mrs. T. N Parks. Miss Flor
ence Hawker and Miss Efhe Mccombs.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11
Wedding Invltations Issued.

Wedding Invitations Issued.
Invitations have been issued to the
marriage of Mr.. Amos Robinson and
Miss Florence A. Stewart, which event
VIII be celebrated on the 9th of Feb.
,uary at the home of the bride in
Phoenix, Arizona. Mr.. Robinson is a
son of Mr.. and Mrs. j. z. Robinson,
of Barrackville and is well known in
Fairmont and vicinity. He has been
located in Phoenix for a number Of
years but recently slent several months
a. his home. The invitation reads:
Mrs. Alice EdwIna Stewart
requests the honour OF your presence
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11
Major Lively At
Morgantown

Major Henry S. Lively was at Nor
gnntown yesterday afternoon conduct
ing an election for Two lieutenants, one
to I'll the vacancy caused by the death
OF First lieutenant UT and one to
an a probable vacancy. First Ser
.geant John II. West was elected 70
utes place receiving 81 of the posi-
bic 81 votes. His opponent was Ser
geant samuel A. Phillips, Phillips
rot votes. Sergeant George Price
Ms elected over phlllipa e ~ ths
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11
Entertained Mission study Glass.

Miss Georgia Torrey was hostess to
the Mission study Glass Of the Ep-
worth League last evening at her
home on Locust avenue. Literature
and photographs for the study we're
furnished by two missionaries in
China. which are supported by the
class. After the study hour tempting
refreshments were served. Those
present were Misses Harriet and Eliza
beth Lough, Lora and Nett:e Bartlett,
Flora Binns, Eta Bishop. Katharine
Curry, Helen Fleming. Miss Rhoda-
HEAVIER. Messrs. Dana Feather, Rev.
c. D. smith, Burt Hunsaker, Will and
Fred Torrey and h. L. Smith.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11
Omcialdom
Much Puzzled
CHINESE STATESMEN DON'T
KNOW WHAT TO THINK OF
NEWS TODAY.
INV United press.1

Nby UuIIeu E40o9l
TOXIC, japan. rep. 11.-Much ex
cited over the big batch of stories in
to-day's cables from the United States
oficialdom is mucl, puzzled by The hos
tie tone If the dispatches, it is assum'
ed that the progress Of negotiations
between the two colntries have given
entire satisfaction to Americans. Mes
sages from China also are taking on
an increasingly ugly tone. Influential
statesmen in celestial empire are be-
ing freely quoted to the .efrect that
China will flgl4t before permitting Jap,
anese annexation of Manchuria which
e.o Chinese consider imminent.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11
II The Neck
WHITE MAN cor Az UGLY sTe 2
WHILE TRelNc 10 Alp
tsiEIlD.

piITBURG. Feb. il With 4 stab
5ound II he 1sSk received while trys
ine to eue friend from the clutch
3 81 I'VE NEGROES. Frank schutzman
dying to-day at his home. While
ening home ibis morning his attention
Wss attracted u a tight nearby and
he as hq pegroes attacking white
man fIe rushed to aid him when a
powerful negro jabbed a knife In his
ned IS 70 The lilt. The negroes es-
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11
Gave S. goo
.FIREMEN's ASSOCIATION WILL
NOT GIVE HeRtou ET THIS
YEAR BUT HELP The
POOR

PTTTsBURG Pa Feb IN se
sire to promote ana lsi q 6iief
work for the Pittshurs poor snt dl-
tressed. members Of the IsFsmsas ~
ISOLATION Of tie westin nous Coa-
pany win fcTegu ne pIepfs q an
annual banquet and siil donate BOO
to charitable purpose
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11
a Valentine Dance.

Invitations have been issued by a
committee of young men for wal
e.,tine dance to he given on Friday
night at the Tavern. over one hun
dred invitations na.e been issued and
a delightful dance anticipated.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11
win Nest with mrs. Lively.

The Altar Guild Of Christ Church
sin meet on Thursday afternoon at
tbe home Of Mrs Henry Lively on
Fourth street and CASTOR avenue On
Thursday evening the Guild win give
valentine Tea at the lively home.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11
probable vacancy. Price received 81

votes; Phillips received g votes.
Sergeant West has completed the
course of instruction in military
science and tactics in the military de-
partment Of the VEST virginia uniyer-
sity and has been graduated recently.
He is entitled to the commission Of the
ONCE to which he was elected in the
National Guard.
Company L is without commission
ed officer and it is likely that Lieuten-
arts West and Prize will soon be com.
missioned.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11
M. Robertson wiii Entertain.

Mrs. .. +. Robertson win entertain
the bridge whist club at luncheon on
wednesday at her home on Barney
street in honor of her guests. Misses
Brown and Pryor. sof Wheeling.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11
Safe Crackers
SECURED $4,000 IN CASH AND
GOT AWAY-PossE NOW
AFTER THEM.
fRv united Presa s.

NPy GultGN EIVsA+l
SPRINGFIELD, Mo-, Feb. 11.-Fiye
bandits who are now being pursued
through the ozafks, cracked the safe
of the band OF willard, willard, Mo,
near here. and secured 10000 in cash
early to-day, The men escaped after
the citizens exchanged shots. The
sheriR In pursuit with posse. Three
charges of nitro-glycerine were explod-
ed In the building.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11
at the wedding reception of her
daughter
Florence Alice

Mr.. James Amos Robinson
on Thursday evening,
the twenty.seyeuth of February,
nineteen hundred and eight,
from eight until ten o'clock,
Eight hundred and twenty-five
North Third Avenue
Phoenix, Arizona.
CEREMONY at half after seven O'Clock
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11
WIN Entertain social Circle.

Mrs. E. Trickett VIII be hostess to
the Social Circle on Wednesday after
noon at her home on Pierpont avenue
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11
WIN entertain Thlnble Club.

Misses Lora and Nettte Bartlett
will entertain the sicilian Thimble
Club ON Friday evening at Valentine
party.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11

WANTEo-Rent or Buy. or room
house, modern, all convelences. State
terms. location and description. Pos
session wanted April or May list. No
agents need reply. Address: Box 455,
Fairmont. W. va. s-3t
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11

Mrs. MD. Boland wtll entertain the
abimbie Club on ThurFday afternoon.
q her home ON DsnonI avenue.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11
WANTED

w4NTEp-To rent four or FIVE room
house with garden. within 10 minutes
walk of postofice OF on street car line.
Il. G., care, West virginian Office.
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11

Ben Greet is coming March and 4
The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-02-11

pen Greet & coming March c ana !.
Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1908-10-28
BURNED BOOKS TO
PLEASE HUSBAND
WIFE OF BANKRUPT STOVE MAN.
uFAcTuRER GIVES INTER
EsTING TESTIMONY.

Chelsea, Mich, Oc % Mrs. Frank
p. Glazier, wife of bankrupt former
state treasurer who failed under sen
sational circumstances about a year
ago, yesterday testified before Ref.
cree in Bankruptcy Davoick, who is
here examining into the Glazier as
sets, that she burned in the CRATE OF
her summer home at Cavanaugh lake
all the books OF the Glazier Stove
company up to the time of the organ.
ization of the company in May, 1907.
She said she did not know what these
books were. She knew they were old
books which her husband had brought
out to the lake and she had heard
her husband wish they were in tophet
Because they seemed TO worry him
she burned them in the CRATE one af-
ternoon while he was fishing.
In answer to question as to wheth-
er she had ever burned any other
books of Glaciers, Mrs. GIazier said
that so far as she knew her husband
did not keep books. He carried she
said, little loose leaf pocket book
in which he kept a record of his per
sonal investments and business
burning the books up as fast as they
were used up.
Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1908-10-28
DOMESTIC.

Preachers in Boston are SO poorly
paid that the Rev. n S, Johnson OF
Warren avenue Baptist church there
urges The forming Of y union TO raise
salaries
Two black hand letters, threaten.
ing to blow up the Moody church at
Chicago, We're received by the Rev 4.
c Dixon, acting pastor OF the church.
during the last week.
Ten Chinese students arrived at
San Francisco from the far east.
Eight of them are bound for Harvard.
Yale aud Cornell aud tho other two
viii matrienlate at the University OF
California.
a BEN. The gift r Emperor William
Of Germany win be placed In the
tower Of the German Evangelical Re
formed church. IN East SSth Street
New York. IN celebration OF the
ehurch's 150 anniversary.
Gjaski Togo. who says he is q
nephew OF Admiral TcEo OF the Japan
ese navy, was arrested tn Chicago on
charge OF dlsorderly conduct, Ac
cording 70 he police. he became abus
i've and threatened The desk sergeant
Az unofficial report known to eman
ale from highly reliable sources 10
the effect tina. Maj Thomas u Slav
ems. commandment OF The military
prison al Fort Leaveuworth, was
cleared as the result Of bis court mar