davidaulloa/AmericanStories huggingface dataset:
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1910-05-06
TORTURE MEN AND BOYS.
Reported That 5arbarous Customs II
Nicaragua Have Been Revived.

Washington.-A letter written to
the American consul at Managua,
Nicaragua, by Narciso Arellanes. a
citizen of Nicaragua, detailing Incl
dents OF cruelties in that republic,
has been forwarded here to Senior
Castrillo, representative of the Es-
trada forces in Washington. In his
letter Mr.. Arellanes says: II think it
best you should know these people
are at their old work again. They
are torturing men and even boys at
Nandaimo and at Granada, whipping
them, suspending them from the
thumbs with cords-all this to wrench
out confessions from them as to who
carried provisions to Calixto Tala-
vors' guerillas beyond Nandaimo."
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1910-05-06
Prohlbltionlsts Lose.

Montgomery, Ala-Emmet A. o'Neil,
leader of the fight against the prohi-
bition amendment to the constitution
of Alabama, defeated HI. s. D. NAL
Tory. supporter of the amendment,
by 10000 to 5000 votes for governor,
in the Democratic primaries.
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1910-05-06
Falls Three stories and Lives.

Washington.-Whil fighting stub.
born fire in a large grocery store
which supplied the White House
kitchen In diplomatic row, Fire Lieu
tenant Stanton was overcome by
smoke and fell three stories. His in
iuries are not fatal,
Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1910-05-06
Jananese snY Jailed.

Hongkong.-A Japanese spy, who
was caught sketching Ly-e-Mun fort
at the entrance to this harbor, was
sentenced on Monday to imprison.
ment.
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
CONCERT BEGINS
AT SEVEN O'CLOCK

Because or the centennial celebration
in Ciudad JuareZ the weekly band con-
certs by the Municipal band in Cleve-
land square will begin at o'clock in
stead of 1880 as, has been the custom
during the summeK- The Ell Paso band
is engaged to play for the centennial
across the river during the month, and
by changing the time of beginning the
concert from 1870 TO Z, the musicians
will be able to fill both engagements
as the celebration viii not begin in
Juarez until after o'clock.
The concert for this evening, which
has been arranged by professor j. B.
Kindig, follows:
March-"The Patriots" De Ia Rosa
Overture William TelP' 80. Rossin1
Los Toros,'' from Spanish suite.
.-.--.-- -. Edco' iie
galse Observation-Disclosures" T. De 1ejads
Grand Fantasia-"Ia Traviata". Verdi
Overture-'-Norma" ..-.-.B eIlinl
Excerpts from the opera Romeo and
Juliette'' - .Gounod
National air-''Star SpSngled Banner"
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
BARBER ARRESTED
ON CHARGE OF THIEF 7
professor" of TOnsorial
Art About to Leave City
When Arrested.

z. NJ. Hazard, manager of a barber
college" conducted at 512 South III
Paso street. is held at the county Jail.
with a charge of theft by bailee regis
tered against him in the county court.
The charge was preferred by Carlos
Aragon and r. E. Edwards, two stu
dents of the college. Hazard, when ar
rested Monday night by officer Monroe,
had $3.50 in cash and a watch in his
possession. The case was transferred
to county court from police court Tues
day morning.
Hazard states that he was intend
ing to leave FL Paso when arrested,
but that the college" would be con-
tinued, as another man was coming to
conduct it. He states that Aragon and
Edwards wanted the money back that
they had paid him for instruction. In
the complaint filed against Hazard
by county attorney Bridgers, he is
charged with appropriating kits Of
barber tools belonging to Aragon and
Edwards.
Other informationS fled in county
court by county attorney Bridgers, are
against Inez Saenz and Clemente Men
doza, both of whom are charged with
carrying brass knuckles. Lupe Com
zales is charged with theft.
In complaint filed Tuesday morn.
mig, Ernesto Hernandez is charged with
carrying a pistol.
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
RAILROAD NEWS.
S. P. CONTINUES
WORK IN SONORA
General Manager Ingram
Denies That Retrench-
ment Is to Be Adopted.

r Il. Ingram, general manager VI
the Southern Pacific in Mexico, ana
assistant general manager of the SON
ora railway. arrived in the city Tues-
day morning on the delayed tram OF
the Mexican National Railway irons
Mexico City. Mr.. Ingram has been
making an inspection OF the company :
property in the republic.
Speaking of tho plans of the South
ern Pacific in Mexico, Mr.. Ingram took
occasion TO deny that it was ever the
intention of the road to go into Man
zanillo The road has obtained track
age agreement with the Mexican Ma
tional road to go into Guadalajara from
Crendain," he said. The construction
gangs are now in the most difficult
part Of the work in the Topic country
the southernmost part reached being ~
kilometers south Of the Rio Santiago
The road has two more years, by the
terms of the concession, to complete
the gap between Yago and Tequila'
and it will be completed safely within
this time The bridge across the Rio
Santiago has not been completed but
is in the course of construction and
will be available for use by the first
Of next year,
Passenger service will not be ex-
tended just yet as there is nothing TO
justify it until the gap is closed
Asked concerning the reported policy
Of retrenchment on the part of the
Southern Pacific, MI Ingram stated
that there was nothing 90 it so far as
he knew. 1T would not affect the
construction work on the Southern Pa
cific in Mexico" he said.
Mr.. Ingram is travelling in his can
"CuIiacan7 and will leave for Empalm0
Sonora, on train No. Tuesday evening
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
GILL ROBBERY CASE
DISMISSED TUESDAY
Had Been COnvicted>On the
Charge of RObbing Sam
uel Van ROOyen of
Diamonds.

The case of J. w. Gill, against whom
an Indictment charging robbery has been
pending in the Bath district court, was
dismissed Tuesday morning upon the pc
titiOn and recommendation of distrie-
attorney ". d. Howe
Gill was arrested with 3Ianen Clements
and ". il. Nall ON d charge of rObbing
Samuel Van ROOyen of diamonds valued
at over $1,000. Clements, now deceased,
and Nail were acquitted, but Gill was
found guilty by u jury and sentenced
to serve five year term III the peni-
tertiary.
The court Of criminal appeals reversed
ard remanded the case. The opinion was
couehed in such terms that 1t was con-
sidered impossible to secure verdict thar
would stand. Mr.. Howe, III asking for the
dismissal of the case, was also prompted
by the statements of Van ROOven. whom
he says he saw in Los Angeles, Cal. TINS
summer, and who, ne states, informed
him that ne would not return to FL PasO
ard again appear as a prosecuting wit
ness. Gill has been out on bond
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
TRAINS NOW RUN
TO PEARSON, CHA
Brakeman Has Another
Word Added to His VO-
cabulary IN List
of Calls.

The vocabulary Of the passenger
brake man who runs on the Mexican
Northwestern south from FL Paso has
been enlarged by one word Pearson"
The train that left Juarez Monday at
1:25 p. m, Mexican time pushed its
nose to the farthest point south" on
the line of the Mexico Northwestern
The train viii arrive at Pearson at IN
the afternoon on the running days,
which are Mondays, Wednesdays ana
FRIDAYS. and return TO Juarez on
Tuesdays. Thursdays and Saturdays at
545 In the afternoon
A daily service viii probably be put
on the lire the first Of next year and
then the road VIII push its northern
terminus across the Rio Grande 70 FL
Paso. It has already been graded,
tracked and has secured terminal priv
leses from the union station company.
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
MANY RAILROAD OFFICIALS
INSPECT Ell PASO LINES

A special train carrying H V. Plat
general superintendent of the southern
district of the Southern Pacific, and
party of officials. arrived in the city
SUNDAY and spent several hours neTs.
They were accompanied by " Fl. VIVA
len, superintendent of the Tucson d.
vision Of the s. 2.
Two private cars won't west on South
ern Pacific No Monday morning
The .sPocahontas" was occupied by
Epes Randolph. general manager OF the
Southern Pacific in Mexico, who ar
rived over the Southwestern from CHI
cago early Monday morning, and the
other private car was occupied by 4
l. Earring, president Of the Chicago
Milwaukee & St. Paul railway, en-
route from Chicago TO Globe, Ariz.
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
Topeka CONFIRMS
KOUNS' APPOINTMENT
Railroad Officials Expect
That Fox May Resign His
New Position.

Dispatches from Topeka, Kas, con-
firm the statement made by The Herald
a week ago that c. w Kouns has been
appointed to succeed the late ]. Z Hur-
ley, as general manager Of the eastern
lines of the Santa Fe. and that F. Z.
Fox, the general superintendent, has
been appointed to succeed Kouns, as
general manager of the western lines.
Fox, as general managerial the west
ern lines, VIII have jurisdiction over
the portion OF the line operating to Ei
Paso and Will succeed Kouns as mem
Der Of the board Of directors Of the FL
Paso union station
Notwithstanding the report of Mr..
Fox's promotion, there is persistent
report in railroad circles that he is to
resign 1t has been reported that T. G.
Pittibone, general manager of the @. {.
& S r, would succeed Kouns ifs Fox
resigns.
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
AUTO WRECKED ON
THE COUNTY ROAD

\ big black automobile, Ford car,
IS in the ditch on the west side % r q
county road about four miles this side
of Yslota, where il tumbled with it's
occupants some time early Monday
evening. The car was badly damaged
and the occupants are said to have been
hurt They took the number from the
car and teIephoned to FL Paso for an
other auto 20 bring them in. The acct
dent happened near the White House
saloon.
It has been stated that car 335 went
down the valley to bring the occupants
back TO FL Paso. Car 3S5 is driven by.
'Stumpy" ROuntree, who, Tuesday aft
ernoon stated that he had not carried
any persons who had been in a wreck
but that he knew someone who went
down the road and brought back a
man and two women who had been in a
wreck He refused to state the name
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
FIVE NEGROES ARE
LYNCHED IN GEORGIA

Athens. Ga, Sept. 6.-An unconfirm-
ed report has been received here to, the
effect that five negroeswere Iynched
near Carlton, 10 miles east of here. Il
is said that the negroes planned to
murder the family OF, ]. W. Huff, Of
Blakeley, planter, and that a daugh-
ter of Mr.. Huff discovered a negro IN
her room.
Mr. Huffs daughter, according to re-
ports, aroused her father, who de-
tanned the negro until neighbors could
be summoned by telephone. 1t is said
the negro confessed that he and foU
others planned to rob the house, as
sault the women, kill the occupants
and then burn the dwelling.
The dispatch says the four other ne
groes were Immediately located ana
when resisting arrest we're shot down.
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
DEAF AND DUMB MAN is
ARRAIGNED IN COURT
Judge Thought He Was Held on Lnarge
of Using Abusive Language Many
Arrests Made on Labor Day.

It's I'D to police court clerk and Off
cial Interpreter, Pete Candelaria, to learn
the sign language, if he would hold his
position Not for many moons has he
been floored, being able to carry on a
limited conversation with all of she many
prisoners brought before judge Lea in
police court, but he met his finish Tues
day morning.
It came when Harry Brown, arrested
Monday night, was aTraigned.
Hes deaf and dumb" sergeant Davis
whispered to the court.
Deaf and dumb and charged with
using abusive language; how can it be ?"
asked Judge Lea, glancing down the pO-
lice court blOtteT.
Judge Lea, however, then saw that
Brown was charged with fighting, and
after a written statement was made by
Brown he was released. In note to
the court Brown stated: 'The Mexican
bows hit HE with a rock and l can show
YOU where they hit me-"
Judge Lea, however, did not ask for
visible evidences
Its back to the cactus for you," said
the court to ". J. Kelly, who stated he
was a laborer hailing from Ysleta, ami
who was arrested Monday night. A
charge of sleeping in a public place was
the charge against him.
Lets see your hands, tn court said.
Kelly made a substantial showing of
caHouses and was released.
Monday night and Tuesday morning
arrests totaled II. Fourteen of the ar
rested men. mostly Mexicans. were
charged with drunkenness. Nominal
fines were assessed in three cases. The
balance were continued until the Tues
day afternoon session of court.
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
HUNTING MAN IN
THE TEXAS BRUSH
Posses Are Following Man
Wanted on Charge Of
Killing Another.

Paris, Texas. Sept 6.-Heavily armed
desperate and pursued by a posse of
determined deputies. S W. Tucker, who
it is charged, shot and killed Daniel
Lynch in a quarrel nine miles south OF
here yesterday, is still at large and be-
lieved TO have escaped to another por-
tion of the county, where he is hiding
in the woodland, which is now being
skirted by guards, while the more VEN
turesome of the pursuers are penetfat-
ing every nook and corner of the I'M
derbruSh.
Tucker and Lynch were both farmers
and resided near each other. A quarrel
occurred in the afternoon and followed
earlier trouble between the men.
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
DISAPPEARS ON
DAY OF TRIAL
Believed to Have Drowned
Himself in River Near
Carlsbad.

DaIhart, Tex, Sept "a wire an
nounces the mysterious disappearance
of Hicks Phillips. His grip with a note
attached. giving the information that
he was tired of life was found near
Carlsbad, N n, on the bank Of the
Pecos river, and the supposition is that
he drowned himself.
Hicks was out on a $4,000 bond on a
charge of shooting with Intent to kill,
Floyd Tandy, who recovered.
Hicks's trial was to come up this
week before the district court. Every
effort is being used to establish the
facts of the disappearance by Hicks's
bondsmen.
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
JUSTICE WATSON SPLITS
COSTS IN FIGHT CASE

Nick<Rock and Mark Costello, charged
with fighting, were each fined SIS and al
lowed to divide the costs, the whole
amounting to s13.75 in each instance, in
Justice Watson's court Tuesday morninO
The trouble occurred Monday morning
while Rock was on his way to the union
labor hall to march in the Labor day
parade He stated that 4 number OF
Mexicans were kissing him as he walked
along South Oregon street and that Cos
tello struck him in the face with a
whip. A fight then ensued. Constable
r. F. Mitchell made the arrest.
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
STRIKE ON LINES OF
THE SOUTHERN PACIFIC.
Many Men Ere Ont for Recognition Of
the Unf0n-Texas Central Is
Avoiding Similar Trouble.

Houston. Tex. Sept. 6.-None Of the
carmen who walked out Sunday on the
Southern Pacific lines, returned TO
work this morning.
The lines from New Orleans to e
Paso are said TO be affected with the
exception of the Ell Paso, San Antonio
a Algiers The Houston and the Texas
Central, to avoid trouble, this morn
ing issued orders that no Southern Pa
cific cars would be repaired at its
shops here The men seek recognition
of the union bat no increase in wages.
A spread Of the strike is feared.
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
Facts About
Ell Pa so For
Visitors TO Know

Ell Paso has IS miles of street
car lines.
Ell Paso has 20 miles Of asphalt
paved streets.
FL Paso city has e.n assessed
valuation of S3O,000,00e.
Ell Paso has eight railroads md
a 100000 union passenger term
inal.
Ell Paso has 25 main carriers,
and The postoffice receipts last
year were s10S,0OO
F. Paso has never had sun
stroke. a panic, or a strike that
tied uP.any industry.
FL Pas9 is one Of the MIST i'm
portant ports of entry and export
in the United States.
FL Paso has the best lighted
business district of any city in
Texas; see for yourself tonight.
FL Paso railroads handled &C.,,
goo cars in the local yards last
year and their payrolis aggTe-
gated 100000.
Ell Paso viii invest s2,500,00O
in new buildings this year and in
vest s2,5eO.e00 more in improve
ments and industries
FL Paso has eight banks, five
national and three state, with a
combined capital Of over s2,OVo,-
600 and deposits Of $4,000, 900.
Ell Paso has 100000 invested
in school buildings and grounds,
and $4,000 in manual training
and domestic science equipment
FL Paso is in the center Of
tract Of 225, 900 acres of hand that
will be irrigated by 8 SO 600 900
dam which the government is now
building.
Ell Paso has three steam fire
engines. five combustion hose and
chemical wagons, one automobile
combination wagon, and extension
ladder truck.
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
DAMAGE SUIT OPENS
TERM OF DISTRICT COURT.

jury was empaneled in the Gath
district court Tuesday morning for the
hearing before judge Harper of the
$4,000 damage suit of Z. z. McBrayer
against the Southwestern Portland
Cement company. The plaintiff alleges
that he sustained serious internal in
juries on October 25, 1909. as a result
of the breaking of a ladder on which
he was working at the cement com
pany's plant
The jury is composed of r. /. Carr,
Ed Pennybaker, Frank Ascarate. W. J.
Ritz, E Wright, H. J. Stewart, R SUI
herman, p Michero, A. J. Lightfoot.
C. B. Ardoin, E l. PeytOn and J. J.
Boone.
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
CITY COUNCIL PASSES THE
UNSANITARY HOUSE HEARING.
Was to Have Been Held Tuesday, but
These Against Whom Complaint Had
Been Made Did Not Appear.

The special session of the citv council,
to have been held Tuesday morning to
hear complaints of property owners
against the destruction of the unsanitary
adobe houses in the southern part of the
city. was not held, for the good and suffi-
cient reason that none of the expected
eompIainants appeared to make their
kicks and the city fathers who were on
the lob a little late, but there just the
same, adjourned, sine die, or something
else equally high sounding.
DIR. w. H. Anderson, the city health
officer who is leading the crusade against
the adobe buildings, was unable to be
present and the question will be brought
up at the Thursday morning session.
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
LARGE STATUES
COME VERY HIGH
Express Charges on Cast of
Benito Juarez From I
New York. 1890.

Fifteen thousand pounds of bronze
statue arrived Monday in FL Paso and
this afternoon will pass through the
local customs house. 1t is the statue
Of Benito Juarez, for which the sister
Mexican city has been waiting to make
sure of its dedication by Gov. Sanchez
Semptember IS.
Delay in shipping the statue from
Italy led to the necessity of sending
it by fast express. The cost of its
transportation from New York TO FL
Paso aggregated 1890.
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
BEN JENKINS ADDRESSES
MEETING OF RAILROAD MEN
ExpInins the Workings of the Local
Police Department at y. Nj. c. A.
Meeting Tuesday at Noon.

Chief of police Ben Jenkins adj
dressed the Southwestern railway shop
employees Tuesday noon. taking as his
subject the general workings of the
police department., the duties of police
men and kindred subjects. Chief Jenk-
ins also endeavored to correct several
erroneous opinions of police work, as
advanced by those with whom the de-
partment often has to deal
The MONDAY meetings are under the
direction of secretary Durkee. of the Y.
NJ. c. A, who has been securing speak
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
MEXICAN ARMY OFFICER IN
FIGHT IN JTTAREZ

JiInenez Castro. major of the Mexican
army stationed at Juarez, engaged in a
fistic affray in Juarez last night in
front of the keno house.
An argument arose between the SOL
der and J. GraysOn, an American
Words led to threats and then TO
punches. Neither American nor Mexican
was badly injured.
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
MEXICAN BAND MAY PLAY
WITH THE Ell PASO BAND

TIA is probable that the third regi-
ment band of the Mexican army, tenn
porarily stationed at Ciudad JuareZ,
will give union concert with the Ell
Paso municipal band in Cleveland
square.
At suggestion of alderman Blumen-
thai. conductor Kindig, of the munich
pal band, this afternoon went to in
vite the Mexican conductor TO share in
a union concert to take the form of a
carnival of music for the people of the
two cities, in FL PaSO.
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
SEVEN NEW KITTENS
AT TEE UNION STATION

Seven assistant ticket agents arrived
over the Texas {, Pacific Saturday, for
duty at the union station ticket office
Being unaccustomed to the method Of
handling round trip tickets in the FL
Paso office, the assistants spoiled
about 10000 miles of perfectly good
TRANSFORMATION before they were shown
their duties by the chief ticket sellers.
The new arrivals were seven kittens,
belonging to Johnnie Mershon's pet cat,
New Orleans" They were born Satur-
dav at I1:40 a m.
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
MOTORCYCLES HAS HIS
LEFT ARM FRACTURED

Disregard for the rules of the road.
added injury TO insult in the case Of J.
H Shinn- With his motorcycle. he
was riding along the right, and prop
er side of the thOrOughfare when in
front of the Toltec club ne met Mex
lean on bicycle coming along on the
left, and incorrect, side of the pike.
Now Mr. Shinn is suffering from a
fracture of the left arm. The Mexican
was uninjured. The two bicycles and
riders piled in heap as a result Of
the collision
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
CIGAR STUB CAUSES
A pool. ROOM BLAZE

4 small blaze at the pool hall and
cigar store of C. E. Pollock, at 223 San
Antonio street, was extinguished at 1870
Tuesday morning by the chemical auto
of the Central fire station. The FIRE
originated in a wooden box, filled with
sawdust, which had been used as Gus
.pidor \ lighted cigar stub, thrown In
the box Monday night. is said to have
caused the blaze. The damage was
slight
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
HARPER GRANTS INJUNCTION
IN THE ASCARATE CASE

Judge James r. Harper, in the 34th
district court, Tuesday morning grant
ed an injunction in favor of George
Pendell against the CrOSbys. the Davis
estate and others. restraining them
from ejecting him from the land he
occupies in the lower valley. pending
the hearing OF the Ascarate case
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
STUDYING SITUATION;
MAY BUILD NEW HOTEL

c. FaIk, manager of the bond depart
ment of the Clarke & O'Brien company,
of San Francisco, the concern planning
to finance the hotel project in FL
PasO, has arrived here and viii remain
in the field for some time to study the
hotel situation. Walter D. OBrien. of
the same firm, has been here for the
past three weeks investigating the diff
ferent sites.
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
FOREIGNER HERE
TRAVELLING IN STATE

Pullman private car Grasmere'
carving J. de J. Pliego, and party Of
seven. will arrive in the city Tuesday
afternoon on the Golden State limited
and will go TO Mexico City on the even
ing train Of the Mexican National rail-
wavs to attend the centennial Senior
Pliego is q wealthy foreigner who has
come TO this country to see the sights.
He chartered a private car at New
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
ADJUSTMENTS.
RrG NIGHT AT AIRDOME.

The popular summer theater closes
with a big show and q band concert
this evening
AS fitting end to a most successful
season, manager Frank Rich mas in
vited the children of FL Paso to be his
guests at the closing of the AisEome
tonight. All school children, if accom-
panied. by a grown person, viii be adj
mitted free and besides the regular
show, there will be a concert by Reyes
kid band
El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-06
nIvnRCE sIrIT REFmED.

The divorce suit of John B. Bryan
VS.. L. F. Bryan has been relied in the
41st district court. The original suit
was filed three years ago in the same
court.