davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-02-24
BACK GIVES OUT.
Plenty Of Salem Readers Have This
Experience.

You tax the kidneys-overwoi =
them
They can't keep up the continual
strain.
The back gives QUIT aches and
pains;
Urinary troubles set in.
Don't wait longer-take Doan's
Kidney Pills.
Salem people tell you how they
act.
w. H. Wood, carpenter, 250 Cot
tage street, Salem. Oregon, says: "a
good many years ago l was kicked
by a mule. At another time, while
digging a well, it caved in on me.
Since then l have had more or less
trouble with my kidneys. Any
change OF the weather caused my
back to ache, and when / worked hard
l became 30 lame could hardly
straighten, after STOPPING. / finally
procured Doan's Kidney Pills at
Stones drug store, and, although ]
have continued to work hard, and
have been exposed to bad weather
rot an ache or other symptom Of my
former trouble remains. This clear
ly proved that Doan's Kidney Pills
live up to the claims made for them.
I also know OF other people who have
derived great benefit from their use"
For sale by all dealers. Price so
cents. Foster-Milburn Co., Buffalo.
New York, sole agents for the United
States.
Remember the name-Doan's-
and take no other. .,
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-02-24
BOULEVARD TO
THE STATE
FAIR GROUNDS
JOINT COMMITTEE OF CITY COUNCIL AND
BOARD OF TRADE MAKE A REPORT
DEFINING THE ROUTE TO BE
FOLLOWED

The committees which have been
working on the matter are prepared
to submit the following report to the
city council:
To the Honorable Mayor and Com
mon Council OF the City of Sa-
lem, Oregon.
Gentlemen: We. the undersigned
committees of your honorable body
and OF the Salem Board OF Trade. who
we're appointed for the purpose OF
Investigating feasible route for a
boulevard from the city to the state
fai: grounds. hereby beg leave to re-
port.
After spending considerable time
on the ground and acquiring all the
information possible, we concluded
TO recommend either of the follow
ing routes, subject to the future ap-
proval of your honorable body, or
such committees as may be appointed
for that purpose;
Flrst--lt is proposed 10 go north
from Court street on Capitol street
as far as the Garden road; thence
through the l., c Mccoy property to
what IL known as the Tile Works
road. following the line OF Capitol
street; thence easterly on the Tile
Works road to point about 200
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-02-24
WHEN HE QUITS
RUNNING FOR OFFICE

Pueblo. Colo, Feb. William
jennings Bryan is preparing for old
age, During his recent visit In Den
yer he Informed former Governor Al
va Adams that he had recently bought
a Texas fruit ranch OF 100 acres.
which is now being planted.
The Commoner figures that the
trees viii be bearing fruit by the
time he Is sixty years old When
he Is bent with age he expects TO
spend most OF his time on the ranch
which he hopes viii bring him q
handsome income. The property IL
near Brownsville and IL In rich
fruit belt.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-02-24
LADY PREFERRED
MERCURY TO MARS
Omitted Press Leased Wire, ,

North Yakima, Wash, Feb. "a
While the Beau Brummel and the Gay
Lonario of Naches city, little town
on the North Yakima and Valley rail-
road, were endeayorlng 10 settle by
Marquis Of Queensbury methods their
claims upon the hand OF the fair
village bell. the village cut-up' i'm
proved his opportunity and today Is
In fair way 10 win out.
The trouble started al masQuer-
ade ball Beau Brummel TOOK her 10
the ball and Lothario attempted 10
take her home. A duel with fists was
arranged for yesterday morning. II
was 10 be 20 finish
The belligerents met al the ap-
pointed time and stripped for the
fray. Az this point some one sug
gested that IL would be- well TO find
out how the girl stsOd In the matter
An emissary was sent 10 her home.
The messenger happened 10 be the
village "cut-up." The belle appeared
10 have doubts as 70 the propriety
of accepting the result OF fist fight
that would determine her future. The
noting her indeeision. Of
fered himself as a happy medium. The
offer Was looked upon with favor and
word 10 that effect sent back 10 the
riugside. There was no fight
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-02-24

THE BUSINESS MAN-wll ap.
preciate the help and comfort OF a
pair Of good reading glasses or
lenses that will overcome the defect
IT, sight Enables you 10 do better
work-and more. u tigmatism
rearsight, far sight. etc, promptly
checked and relieved when your eyes
are fitted By us.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-02-24
NEVADA BANK
CLOSES ITS DOORS

Tonopnh, New, Feb Although
solvent, the Tonopah branch OF the
Nye and Ormsby County bank. has
closed its doors and will receive no
more deposits. Depositors will be
paid In fun. The bank closed during
the late panic and since reopenlng
has paid s2,2OO,00O 70 deposltors. Il
Is stated today that the institutions 5
present assets are 81 500. 900 and the
liabilities 100000
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-02-24

feet beyond the s, p, right OF way;
thence northerly parallel with the s.
p. right OF way into the fair grounds.
Second-North from Court street
on Capitol street to the north line
OF the l.. G. Mccoy tract; thence east
erly to a point about 200 feet west
OF the s. p. right of way to the Tile
Works road; thence same as above.
Your committees would respectful
ly request that your honorable body
appoint permanent committee TO
act In conjunction with a like COM
mittee from the commercial organi-
zations of the city, who shall ascer-
tain and report back to your body
some plan for devising ways and
means to accomplish this much do
sired end.
Respectfully submitted,
w s. Low,
j. l.. STOCKTON,
n. ID. ELLIOTT.
Committee OF City Council.
J.H. ALBERT,
q. N. DERBY,
J. NJ. LAWRENCE.
w. II. sTEUsLoFF,
ID. II. JAMES.
Committee of Salem Board OF Trade,
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-02-24
SAM Casio
FAMOUS HORSE TRAINER.

Is now located at Candy Oregon,
the best winter quarters in the North
west for training and developing
young horses. Sam has room for a
few more prospects, either for the
road or track and would like 20
communicate with anybody wishing
their horse trained. Mr.. Casio is
conceded to be the best colt man in
the West and his success on the Sa-
lem track bears out this statement.
Terms reasonable and satisfaction
guaranteed. Address
SAM casio, Candy, Oregon.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-02-24

! Committee of Salem Board of Trade
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-02-24
HUSBAND WORTH
100000 TO HER

spokane. Feb. az Suit 20 recover
500. 900 damages from the Northern
Pacific Railroad Company. which she
holds responsible for the death Of
her husband, r. NJ. Branniek, a prom.
inent Portland business man. has Just
been filed here by his widow. Bridget
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-02-24
Worn Out.

That's the way you feel about the
lungs when you have a hacking cough
II is foolishness TO let II go on and
trust to luck to get over II, when Bal
lard's Horehound Syrup will stop the
cough and heal the lungs.
Price 25c, soc and 800 per bottle
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-02-24
THE TRIPLEx BAG

Simple. strong, stylish, serviceable.
First it's a purse. A twist of the
wrist and it's a handbag and music
portfolio combined. Unroll bit fur
ther and you have a small satcheI.
For sale by Elsie L. Goodhue, agent.
Phone 76S. 2-16-1mo
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-02-24

Maybe the woman who walked
100 miles to find her husband had
something in mind she wanted to say
to him.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-02-24

DeWitt's Little Early Risers. gen
t'e. easy. pleasant. little liver pills
scld by all druggists.
Daily capital journal. (Salem, Oregon) 1903-1919, 1909-02-24

LDfB-sULPHUR SOLUTION

Niagara, the tried and
proved S2 test. Prices on appli-
cation. Special No. 2, guarau-
teed 80 test, at $3.50 per So
gallon barrel, full measure at
Salem. Made only by Oregon
Spray & Gas Co., Portland. Or.
Hood River Spray Mfg Co..
Hood River, Or. On Sale at
Salem by II. p. Chase, success
sor to Chase & Skaife. Golden
Rule Bazarr, Mrs. B. T. Swart,
proprietor.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-05-12
IMPRESSIVE BURIAL
OF THE ENGINEER
Remains of the late H. {. Fowler
Were Buried at centerville,
California.

The funeral of the late H. E. Fowl
err, father of Mrs. Edward Ingersoll,
and brother of Mrs Emma Parker,
of No. 1712 Orleans street, was an
impressive one at Centerville, Cal,
being mentioned as follows in a news
paper from that state:
The funeral of H. E. Fowler, broth
err of Jas. Fowler of this city who met
tragic death Saturday as a result Of
of being struck by train near New
ark. was held yesterday in Center
Vile. under the auspices of Alameda
lodge No. 1877 of the Masons, of which
he was member. The floral offerings
we're numerous and beautiful. One of
these was from the employees of the
railroad now at work on the Dunbar
ton point bridges. 1t represented the
| last locomotive operated by the late
Mr.. Fowler and was six feet in length.
| On the side of the tender were the
! initials "H e. F." and on the side of
the boiler was the number of the
locomotive. No. 270. The members OF
Almeda lodge turned out about fifty
strong and after the funeral services
| they accompanied the remains to theil
| last resting place in the Masonic Gem
etery at Decoto.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-05-12
SALEM.
>>>~< >~>S~>>>~~

SALEM Ia, May 12.-Albert Coch-
ran departed this life, at his late home
at Hillsboro, Wednesday night, May
9Th. Blind and in feeble health for
number of years, his patient, devout
and christian life exalted christianity
in the minds of many. His wife, two
daughters, Mrs. Bell Jorden. of Salem,
Iowa, and Mrs. Inez Eyre, of Osceola,
Iowa, also two sons, Rev. G. w. Coch-
ran, of Attica, Iowa, and Jesse Coch-
ran survive him and mourn the loss of
a loving husband and devoted father.
The large concourse of people who
gathered at the Hillsboro Methodist
church. of which the deceased was a
member, showed the high esteem in
which he was held. Funeral services
were conducted by Rev. Fix, fol-
lowing which the interment was made
in Hillsboro cemetery.
Mr.. and Mrs. John McMasters. Mr..
and Mrs. r. v. Davidson. Mrs. l. l..
Guy drove to Hillsboro Friday to at
tend the funeral of their uncle, Albert
Cochran.
Thursday afternoon a fair crowd
gathered at the ball ground and were
greatly interested in the game. Salem
nine were defeated by the Nebraska
Indians"
Ray Davidson came home from
Centerville Tuesday and returned
Thursday. His parents, Mr.. and Mrs
A. Davidson, who have been quite Ill
are somewhat better.
Mr.. and Mrs. Clyde Huxley of Keo
Ikuk. spent last week with relatives al
this place.
| DR.. C. d. Rawhousen departed fol
Denver Tuesday. He expects to re
turn in about two weeks.
Mrs. Isaac Ridgeon was at Buxton
last week the guest of her daughter.
Mr.. and Mrs. r. " Davidson have
moved from Hillsboro TO Stockton
where Mr. Davidson will have charge
of the furniture and undertaking store
of Glen Boley.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-05-12
,. veteran of the Civil War
4 ''s a....d away This Morning at
Il His Home at 9
O'Clock.
|. ,or1r CITY YESTERDAY
y. o.,t,, came Rather Suddenly
y" !. Failure Being the Cause
Was Well Known in
This Vicinity.

.h,s morning at his home NO.
tA with Fourth street occurred the
y !. ~ - one of Keokuk's best known
tea'n , ~ foremost citizens, Captain
A ~ SAWYER SS who for years had been a
.n ! figure upon the streets Oh
n s,, and who had wide acquain-
N.Y.. syss being prominent in the busi-
-. Sss and social life of the city.
w. c.n IT,, Sawyer was one of the best
oap ord hest liked citizens OF keo-
N NJ For years he was connected WIN
w. irwin phillips CO., and until last
.st was a member of the Con-
a =. SAWYER & Cameron Co., operat-
3. - the Golden Rule store, being sec
= nav and treasurer of the firm. He
- heen identified with many busi-
/, enterprises in the city and was one
4 the leading business men OF this
s,tion Of the country, being success
ii IN all of his ventures and having
vide experience in commercial pur'
si,s and thorough knowledge Of
hsiness in all its details.
Socially, Mr.. Sawyer was one OF the
M beloved of men. He was OF g
AZ old family, a gentleman always
snd made and held his friends easily
T. was popular with all and beloved
and respected by many.
H was veteran of the Civil war
retiring from the service with tn
lille Of Captain and took lively in
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-05-12
River News Notes.

The steamer Henry Bose returned
down stream to Quincy at 2:15 ycster-
day afternoon with a barge load of
coal for the dredging fleet at that
place.
The government steamer Eleanor
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-05-12

terest in G. A. r. matters, being an
active and enthusiastic member OF
Terrence Post No 2. The members OF
the post recall with pleasant mem
cries, his attendance at the meetings
and his many delightful stories and
addresses before the post and at the
camp fires He will be greatly missed
BY the old comrades whom he was
held in the highest esteem.
Besides his wife, Mr.. Sawyer is sur
Vlved by four children, three of
wnom were out of the city at the time
q mis- death. Mrs. T. r. Board is a
daughter as is also Mrs. John A. Nc
Liroy Of New York. Hazen I. Sawyer
10 son and was in st. Louis on legal
business at the time of his fathers
uea'n not expecting to be home until
-, evening. T. A. Sawyer Of
WILDWOOD Ia, is son. There are also
seven grandchildren.
Heart Failure.
odptaln Sawyer's death comes as a
surprise to his many friends and ac-
aaainlances. Yesterday he was up
and aown town, but had not been feel
ng himself since Sunday. He retired
.ass evening at the usual time and
Aeneioned early in the evening that
-. -. was feeling much better. Early
.'is morning his wife was attracted
~ MS deep breathing and was unable
- rouse him. A doctor was summon
gu Out his heart was too weak tc
cement by stimulants and he passed
away at o'clock.
oaptain Sawyer had not been in the
Ses' VI health for long time, his agt
oe'hs somewhat against him. How
s'er ne was able to be up and arount
aIc was confined to his bed very lit
We Many of his acquaintances VIII
nic' MIN on the street yesterday wer,
greatly surprised to learn of hi
death today.
His Ancestors.
captain Ivan Allen Sawyer wa
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-05-12
Settled in Keokuk.

After the close of the rebellion Cap
tain Sawyer settled in Keokuk where
he engaged in business. He entered
the employe of the Cramer-Irwin COM
lpany. which was succeeded be the first
Irwin PhillipsCom pany, of which Cap.
tain Sawyer became member in 1863
and remained until 1905. He was
steady in his application to business
during this time with the exception OF
few years residence in California
Arrangements for the funeral will
be made later, as word from relatives
is being waited at the present time.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-05-12
DR.. J. EATON JOHNSTON

PHYSICIAN AND SURGEON
The only physician practicing Oste-
opathy in the county. The Smith
sonian trus- fitted and guaranteed.
i only truss that holds. Office
North side of Main street. third door
above Fifth. Phone SO. Residence.
Ninth an Webster. Phone asa. p.
0. Lock Box, Al, Warsaw, III.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-05-12

OTHER NEWS OF RIVER
Steamers Will Carry Many From
Here to Burlington Regatta
and Races on July
9Th and 9Th.

The following regarding the Gov
ering back into the treasury of the
money to be expended on river i'm
provement along the Mississippi has
been received here and will be of in
terest to government men:
Unless congress takes specific &C
ton at the special session ,now in
progress, nearly $1,000,000 appropriate
ed for river and harbor improvements
in various sections of the United
States will be covered back into tle
national treasury.
This situation arises over the Gov
ering back" section of the sun
dry civil appropriation bill approved
on March 4, this year. This section
provides that all unexpended bal
ances of appropriations which re-
NAMED on the treasury books on
June /, 1904, except permanent spe-
Gifted appropriations, judgments and
findings of courts and trust funds
and appropriations for fulfilling
treaty obligations with Indians,
would be carried to the surplus fund
and covered into the treasury, pro-
vided that the money is not needed
to pay existing treaties.
To meet the situation, Senator
Burton has introduced a resolution
providing that the section of the
sundry civil bill in question shall not
be construed as applying to unex-
pended balances in the river and
harbor appropriations, which may be
essential in the Judgment of the sec.
rotary of war for further mainte-
nance and prosecution of work for
which it was appropriated.
The water in the river at this place
fell another big drop during tae TWEEN
ty-four hours just passed. The rivers
heighth this morning was 1880 fee
a drop of almost foot since yester
day morning.
The lock gates have been closed
after having been opened for almost
A. month during the high water period
and boats using the canal now in go
ing up or down have to go through thu
regular business of being locked
through instead of making a straigh
shoot through as they were permitted
to do in the past several weeks. Boat
going up use the canal to gain TIM
though the rapids are used by craft
coming south now as much time cal
be saved, an hour or more, by coming
down over the rapids.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-05-12
To Carry Many.

During the week Of July 5, the
steamer Wenona will have busy time
of it, for the 9Th and eta of that month
are the days scheduled for the big
Burlington regatta and motor boat
races. Many from this city will at
tend the big event at Burlington going
up by boat and different running
schedule will no doubt be arranged by
the boat company for the accommoda-
ton of Keokuk persons attending the
motor boat meet.
The steamer Columbia will leave
this port on Sunday, July 4th for Bur
lington and will help to carry some o
the crowd which will go to Burling
| ton.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-05-12

born February 16, 1888, at North Hero,
Vermont, and was the third son of AL
en- Sawyer and Clarissa Hazen, de-
scendants of long line of families
whose ancestors took an active part
In the early settlement of the couh-
try and in the war of the revolution.
In 1850 the family moved to Fayette
County, Iowa.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-05-12
Rilllousness and Constipation.

For years 1 was troubled with bill
liousness and constipation, which
made life miserable for me. My APP
petite failed me. | lost my usual
force and vitality. Pepsin prepare
lions and cathartics only made mat
tiers worse. do not know where
should have been today had not
tried Chamberlain Stomach and
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-05-12

which has been in the dry docks for
repairs for several weeks past has
gone to Clinton where it will be used
with a dredging fleet in clearing the
harbor at that city.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-05-12
Younu Girls are Victims

OF headache, as well as older women.
but all get quick relief and prompt
cure from DR.. Kings New Life Pills,
the worlds best remedy for sick and
nervous headaches. They make pure
blood, and strong nerves and build up
your health. Try them. Csc. at Will
kinson Z Co. and ]. F. Kiedaisch &
Son.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-05-12

Liver Tablets. The tablets relieve the
i'll feeling at once, strengthen the di
gestive functions, purify the stomach
liver and blood, helping the system
to do it's work naturally-Mrs. Rost
Potts. Birmingham, Ala These tab
lets are for sale by Wilkinson & Co.
and ]. F. Kiedaisch & Son.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-05-12
PHYSICIANS.
DR.. F. c. SMITH

DR.. r. C. SMITH
PHYSICIAN AND SURGEON.
Office and Residence: $40 Main street.
second floor.
Office Hours: 10 to IL a. M; 2 to 1
p. r.; to p. M.
Iowa phone, CAB.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-05-12
DR.. CORAL r. ARMENTRouT
PHYSICIAN AND SURGEON

office-Y. NJ. c. A. Building. Resi-
dence 912 Fulton street Office hours.
10 to a. m; 2 to 4 p. m; evening
hours by appointment. Iowa phone,
529,Y, and Hub. phone 2o92, office
phone Residence phone. Iowa 12-M;
HUI, 1918.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-05-12

use a Gate City want.
The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1909-05-12
His Military Career.

AS young man Ivan Allen Sawyer
enlisted June s, 1861, shortly after the
breaking out of the civil war, and |
served with distinction until May &c,
1865, in the following capacities: AS
corporal in the Third Iowa Infantry,
as a sergeant major in the Goth U. s.
C. infantry and later as lieutenant in
Company B. of the same infantry. He
resigned at Little Rock, Ark, May &c,
1865.
Captain Sawyer was severely
wounded by canister shot in the
right high October 5, 1852, at the
battle of Hotches and was sent to the
United States general hospital at
Keokuk Being disabled from active
service in the field he procured cap
tain's commission in the summer of
1863 and recruited for the Eighth
Iowa Cavalry.
In the autumn of 1863 he entered
tie United States army as stated.
The great grandfather Of Captain
Sawyer, Colonel Ephriham Sawyer,
and his five sons, were in the revolu-
ton. James. at the age OF fourteen
being at Bunker Hill and later at Sar-
atoga; John was adjutant of Colonel
Brooks regiment; Captain Ephriham
was in the New Jersey and New YORK
battles; the other two sons were en-
Ensign Josiah and Private Peter.
Captain Sawyer was member OF
Lexington Chapter, Sons OF the Amer
lean Revolution: Of Terrence, G. A.
r. and of the Military Order of Loyal
Legion of United States, Iowa Com
mandry.
Was Twice Married.
Captain Sawyer's first wife was
Mary Crawford Irwin, daughter OF the
!, late Stephen Irwin, to whom ne was
married october 6, 1864, and who
. died June 90, 1903. His surviving
children are all by his first wife. HI!
J second marriage occurred on June 3
1905 and was to Miss Annette Martin
| whom survives him.
During him many year of Marie
life Captain Sawyer was ever after
. tive to his wife and family and was
!. home loving man. He spent mucn G
: his time at home in research work an
had an excellent library at his con
mand at all time. He was ever give
to increasing his knowledge along tn
lines of history and was well read an
thoroughly familiar with the hlstol
and advancements of many countries
He was not affiliated with ar
church but was braod minded in b
religious views and very tolerar
Captain Sawyer attended church qui
often but he was usually attracted
the preacher and never by the religit
he was to be taught.
Captain Sawyer took great int
est in affairs of city, state and nati'
and was we'll posted on things OF
civic nature.
The Washington times., 1909-12-24
OFFICIAL OF BANK
IS FOUND GUILTY
Vice President of Canton
Concern Charged With
Appropriating Stock.

CANTON, Ohio, Dec. "a A jury az
Lisbon today returned a verdict Of
guilty against ". /. Davis, former vice
president Of the Canton state Bank,
which failed four years ago.
He was tried on an indictment charg-
ing him with Illegally taking 10000
shares Of stock Of the bank and hypoth-
coating it 10 secure a personal loan.
The jury reported after being out nine
teen hours. Counsel entered a motion
for a new trial and signined that they
would give BAN for Davis
Prosecutor Kritcabaum laid evidence
before the jury aimed to show that the
banks failure was caused by Davis
borrowing from IL over $4,000, with
which TO finance many private projects.
The prosecutor in addressing the jury
directly charged Davis with being re-
sponsible for the death OF COrwin d.
Bachtel. former cashier of the bank.
who was tried for embeZZlement, found
guilty, granted a new trial ana died
while it was pending.