davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-11-10
CONNECTICUT.

At large John Q. Tillson Tep)
X 1. f. Stevens Hepry (rep)
.. Thomas l.. Reilly (dem.)
X q. Edwin w. Higgins rep,
x f. Ebenezer j. Hill (rep.)
Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-11-10
ARKANSAS.
COLORADO.

X At Large Edward T. Taylor (dem.)
/. Atterson w. Rucker (demo
.. John A. Martin (dem.)
Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-11-10

1t pays to read the want columns OF
The Star. Hundreds of situations are
filled through them.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-11-10

$1,000 in number, are mainly ironbark,
much used in railroad construction in
Australia.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-11-10
MAJORITY IS So.
Democrats to Control Next
House by Large Margin.
ONE DISTRICT IN DOUBT
Official Count in Twelfth Pennsyl-
vania Is Necessary.
SOCIALISTS GET ONE SEAT
G. o. P. Overthrow in Fifty-Six
Districts and Get Six Seats
Not Now Held.

The democrats will have a majority OF
50 in the next House of Representatives,
with a possibility that it may be CO.
Complete, though not official. returns
from all of the 1856 congressional districts
in which elections were held Tuesday,
and official returns from the four In
Maine and the two in Vermont in which
elections were held in September, indicate
the following results:
Democrats elected. IA
Republicans elected. 100
Socialist elected. l
lin doubt. Observation-Disclosures. J
Democratic plurality..... 90
The one district in doubt is the
twelfth Pennsylvania. from which both
Robert E. Lee and Robert d. Heaton,
democratic and republican candidates, re-
spectively, claim the election.
The G. o. P. was overthrown In fifty
six districts. and of those the democrats
gained 90 and the socialists l. The DEM
ocratic representatives in six districts
We're retired in favor of republicans. The
net democratic gain is therefore 40 and
the net socialist gain !.
The majority which the democrats will
have is even greater than was hoped for,
Chairman Lloyd of the democratic con-
gressional committee predicting plu-
rality Of only 80.
The districts which shifted are:
Connecticut-Second
Illinois-Sixth seventh, ninth, sixteenth.
Indiana-SiXth.
Iowa-Second, fourth. eighth
Kentucky-Ninth.
Maine-Second, third.
Maryland-Third, sixth.
Observation-Disclosures, fourteenth
Michigan-First. fifth.
Minnesota fourteenth. If
teenth, sixteenth.
Missouri-Eleventh.
Nevada-At large.
New Jersey-Third, seventh, eighth.
New York-First, third. fourth, NTH,
thirteenth. fifteenth, seventeenth. twenty
first. twenty-sixth, twenty seventh. thir-
ty-second thirty-third. thirty-sixth.
North Carolina-Fifth eighth. tenth.
Ohio-Second, seventh. eleventh, fif-
teenth, nineteenth, twenty-first.
Oklahoma-Third.
Pennsylvania Fifth. eighth, tenth,
twelfth. fourteenth, twenty-second, twen-
ty-fourth.
Rhode Island-First.
West Virginia - First, second. third,
fourth.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-11-10
Peroxide Hydrogen.

An ant.septic wash, used for ca
tarrh, sore throat. boils, mosquito
bites, pimples. insect stings. Cannot
be excelled as mouth wash. We are
selling the best make Of this article.
and we guarantee it to be unsur-
passed in purity and strength. Dc
A full pint bottle. S0S
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-01-01
INJURIOUS WEEvIL
ARRIVES IN HILo

Brother Matthias Newell has made
the following report on his local In
spections says the Hilo Herald.
Five foreign vessels entered Hilo
Bay There were lO9 lots and l,6l9
parcels.
Three cases of lemons were FUN
igated on account of purple scale.
"A small amount of fruit having
arrived in bad condition was thrown
into the water.
Everything else being found in
good condition was passed.
An injurious weevil that does
damage to ferns In Honolulu has been
introduced into Hilo, where 1t was
not known until recently. having been
brought here in ferns from that city
Out In San Francisco they have
arrested a janitor. Yet people will
go on saying that San Francisco
lacks courage In enforcing Justice.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-01-01
BIG ENDOWMENT FOR
RED CROSS SOCIETY
President Taft Takes a Hand and
Urges the Raising of Fund OF
Two Million Dollars for Emerg-
ency, Use.

WAsHINtTToN. Dec. 30. - TO es-
tabllsh an Organization capable of
administering properly funds re-
ceivcd by the American Red Cross
Society for relief work, President
Taft has named an endowment fund
committee, with Se1getary of the
Treasury MacNeaght and his assist
ant, Charles ID. Norton, treasurer OF
the Red Cross, AS chairman and vice
chairman respectively. President
Taft suggests that an appeal h"
made for $2,OOO,OOO endowment.
A New York subcopm mlttee also has
been appointed and subcommittee
in other cities will he named. Presi-
dent Taft has ADDRESSED letter, in
part as follows, TO each member of
the committee:
The time has come when the
American Red Cross Society should
be placed ON permanent and eff
Cient basis by an endowment fund
Whose income will enable 1t to be
prepared ut all times to carry out
the purposes for which II has been
created. II is the authorized Oili-
cial organization of the United States
for volunteer aid in time of war or
great disaster.
Experience has shown that in
cases of great disaster, such as oc-
Cured at San Francisco and in
Italy, large contributions are re-
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-01-01
midas TREE DEVIL ROUTED
WHEN CHIPS BEGIN TO FLY

salaam they came forward and Of
fered to finish the remainder of the
telling. exclaiming. as they grasped
their axes. that as the devil was now
in their Sahib, no harm could come
To them.
"a Meyer, since have ! seen men use
the ak 30 adroitly; whether they
stood in awe of me for having BRAY
ed such an ordeal, or whether they
were afraid | would exercise my
Satanic power. in the event OF their
displeasing me, was not apparent;
but the fact remains that during the
rest Of my sojourn at Kumargram-
Quar-, there was nothing that the
coolies would not do for me, fulfill
ing my lightest command with thu
deepest respect. evidently consider
| ing me above an ordinary mortal.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-01-01
HUGE CLOCK is
ALL BUT HUMAN
Time Piece In Shoot House Will Keep
Tab On Scholars-King Clock
Runs Many Others Throughout
building.

The big programme clock which
will be Installed In the new Jefferson
High School is now being tested by
Electrician Phillips. in the trades
school, and II is working perfectly.
II will be installed soon after New
Year says the Portland Telegraph.
After watching the working of the
clock for time, one is almost led
to believe that 1t can think. Once
the clock is set in motion and the
dial Is set, II will run and perform
the duties mapped out for 1t much
more accurately and punctually than
/ II the same duties were being per-
! formed by an individual A pro-
gramme Is mapped out In the face OF
/ the dial. and IL causes bells to ring
grounds, denoting the time when
classes are to take up and when they
! are TO be dismissed. II a change I'm
the programme Is desired, the re-
quired change Is made on the face
of the dial and the clock works ac.
IcOrdlngIy. The CLOCK need not fnt
on Saturdays or Sundays. when ther,
Is no school.
In addition to the numerous bell
connected with this clock there are O.
Auxiliary clocks which are hung II
the various rooms of the schoo
building. The intellect" clock re
gulates the clocks in the classrooms
and there is no installing the tint
of day. The mechanism is composed
largely of electrical battries ant
magnets. with which the clock an
its auxiliaries are operated. TIL
me-piece has TO be wound onl
once In two months. The complct
system will cost the school distric
approximately $500.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-01-01

Senator Elmer j. Burkett OF Nebras'
Ia has prepared q resolution. which he
intends to present to Congress Gaining
for a thorough investigation of the suS
mr. trust. He declared ON his arrival
at the capital that his resolution would
not in any way interfere with the WORK
of the department OF justice, but mat
he was determined II possible, to have
the trusts affairs prubed to the bot
tom, so that the men primarily re-
sponsible for killing off competition IN
the sugar business and perpetratins
the customs frauds against the govern
ment might be brought to justice.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-01-01
ART THEATRE.

Nothing IL stronger than n moth
or's love: which has been attested
over and again and the Arts fea-
ture film for today and Saturday only
emphasizes this fact. A young monk
is executed by the Spanish soldiers
during the Cuban revolution and lat
er In the war" the very officer who
ordered to young priest shot appeals
TO the monks mother for protection
from the Cuban mob. In memory
and for the love she bears her son,
she hides him In her house. even
tually sending him forth, disguised
in her sons priestly robes and en-
abling him to escape.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-01-01
POULTRY EXHIBITORS
TAKE NOTICE

NORTH YAKIMA, Wash, Dec. IL.
jerks. a 22-year-old bantam roos-
ter, is feature of the Yakima Coun-
ty poultry show here this week.
jerks is nearly blind through age,
but he still is equal to his special
trick to crow at command. A fawn
which sought protection from dogs
which were running 1t few days
ago, taking refuge under the horse
Of Ted Hackett, of the Ahtanum, is
also among the exhibits. which in
clude pups. cats and pigeons as vel
as chickens. Elmer Dixon, of Ore
gon City, is Judge.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-01-01

NHRs. SAMUELLE VIGNEAU. Am
Nl hcrst, Isle de La Magdaline, Can
ada. writes:
az write to tell you that am per
fectly well. ] took only three bottles
OF your Pcruna according to your adj
vice and the directions in your book,
and 1t restored my health.
at also cured my daughter, who Is II
years old. She took one bottle accord
ing to directions. assure you that no
doctor Is equal To your book and your
. advice. Ihave recommended your rem
edy to a number of PERSONS
A Nomsus Remedy.
Mrs. A. f. Stouner, Capioma, Kansas,
Y. S. A., whites:
"peruna has given me health and
strength; it, A. the best medicine that was
ever made for women. My friends say
they never saw such n change In .
woman. + cannot say too mu.h tor
Peruna.'
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-01-01
By MARSHALL D. TAYLOR.


these men, said: Eyes, there must
surely be devil here, else you
would not have been such fools as
To have taken so much trouble In
trying to propitiate him. but devil
or no devil that tree will haye To
come down; for you ought 10 Know
by this time that when once a white
man says a thing, he means 1t, and
nothing under the sun will ever force
me to rescind an order when ] have
set my heart on having same fulfill.
led"
Made Chip Fly.
During the first part of this
speech. the men seemed relieved,
firmly believing that really thought
there was a devil in the tree. but
when again pointed out that the
tree must he felled. their whole
countenance changed. sailing upon
| their knees they first touched my
boots. then their foreheads, this be-
| ing u sign of abject submission. They
beseeChed me To revoke the order,
imploring me not to force them to
such an act: they even asked to be
expelled from the estate. saying they
would willingly forfeit all money
due them. but cut that tree down
they would not, for should they so
much as put an AK to It. the devil
would possess them, causing their
whole life to be blighted. Realizing
that the discussion had been carried
quite far enough and knowing full
well that the men were really In
earnest. asked them how the diff
Guilty could be overcome, being pre-
pared to meet them half way; but
enc thing they must bear In mind,
and that was. that | was resolved
that the tree should come down. See
ing they were reluctant to tell how
to solve the problem. again APP
preached them: finding me obdurato
and fully determined to meet all OH
stacles, they exclaimed: "Why, Sa-
hib, If you will cut into the tree un-
til II bleeds. or until the sap eXudes,
the devil will go into you, when we
'dH uhlsn lHe ItHiaihu'r VI 'He i''-
ing"
| thought 1t extremely kind anu
considerable of them to wish to palm
OF the devil in this manner, and
not intending to let them see how
lightly thought about It deemed
: 1t advisable to make them realizS
what tremendous responsibility
9 was undertaking. II was hot, mug
{ gy day. and | was feeling none to,
! well inclined TO WELD an AK on {
!, large fig tree, but tackle 1t I would
4 The atmosphere seemed oppressive
intense quiet prevailed. even the
cicadae and frogs remained mute. al
I If instinctively feeling that some
= thing momentous was about to oc
/. cur. All being ready, stepped to
i ward the tree AK IN hand' the mel
| saIaaming most profoundly as di'
I 30, luliS expecting some dreauiu
= c"Iaiiity was ABOUT 10 o'er'ahe me
: whlch would end my earthly career
: AZ the hrst stroke 'hey broke into
y weird Incarnation, which sounded
d iheiahcholy ana dismai IN the ek
: irene the sun Just then became Cd
d seu'eu ny uark cloud ior wh'ch
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-01-01
TAFT PLANS TO
KEEP EXPENSE DOWN
President Talks to Business Men Of
Plans Formed in Regard to Ex-
neutrality-suspicious. for Gov
eminent to Solve.

new HAVEN, Conn. Dec. 20. -
President Taft told the business men
of Connecticut many facts about
governmental expenditures and rev.
enue at the annual banquet of the
New Haven Chamber of Commerce
tonight. but as he did not begin to
sneak until 1890 O'Clock he was un-
able to more than touch upon some
of the problems that are facing the
country before II was time for him
to catch the Federal express for
Washington. Five minutes after he
had concluded his speech he was
aboard his train.
The banquet was as lively as
Yale reunion affair. II brought to-
Cether fully LOO men of business
I'm the state. The President attend
ed meeting of the Yale corpora
ton in the afternoon and held a
short reception before the banquet
Mr.. Taft. on being introduced,
said he felt the occasion opportune
to speak on the question as TO
whether we are to have money
enough to run the government.
/ PAIRING Estimates
l., ,snt,,o,,,a ,,,o,,.oa - ,,s,
year and how the money Is to be
spent in the expectation of having a
surplus when accounts are balanced
Tor the year. He explained the un-
expected increase in the cost of the
pa, .n,, ,a,,ahin -, ,ho
zoo, 80 ,,n,an,,a,.s h,, JaoIar,ng
,,o, ~, A., 40, So. ,ss,,,,ca %,
~. 80, ,..',. T. ha,,,,r nr
,o,,,t. ",o,,, to- lit, coo,
soo,ion oor,, 1,n &C. ,ords
M, -, l.,
,,,o,or,,o,, ,n,rro,a,,on,. ,a oho,J
,,.I,,,,, s,,,,,,iaoI,.
nc ,oss,,,ta on, ,,,t,,o,,, ,,,a,ti,,, ~
:, IN no,i,ico, oxrod,onor domondod
,, ~.
an, - 80 -, a.a na
u ,,n.a i,,,,oa,,o 90
scioncv ~, ,oyerpm.nt onnlo,as us
cot, no ,o,, M, ,,a or,.,n,. "a "a,
u wiIdornoss ~ ,d,no,,a o,vi, oon.
,,,s ,,,, oI,o,,, ,,o ,i,, -,
' coma ,,,han no ,,o,,a,, ,,,,I, hn,.,
to ho ,don,od ,hat 10 noraunn,on,
v o,,,., . ~, ,a,, 49,,
ho run
p...;.. F.. 49,,
presidant HAM 80 vo,o rr,,,or
sitv cold tbo,o We ,,,a ,o,a =
. ,roh,ers with u,,,o, ,ho .on
ment had IN deal ,b,ee t,ot shorI,
y he decided Inv sneciolis,s ana thns
that should he decided hv tho noon,a
~ '''''
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-01-01

Meanwhile, we can see sardonic
smile on the face OF an amiable old
gentleman driving golf ball up
among the Pocantico Hills, and he
murmurs gently to himself: 81 al
ways told 'em my trust wasn't so
bad, after all; and now they've dis
covered worse one.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-01-01

New designs of scent pieces may
I've adopted with Washington's head
on them. II Is supposed there will
be room enough for pretty fair
likeness of George II the designers
initials don't take up too much space.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-01-01

Up until yesterday afternoon, from
Saturday noon. eight and n half In
ches of rain had fallen at Pahala,
the rain having been general all ov-
er that side of the island. The snow
on the side of Mauna Kea extended
down as far as the timber line
Herald.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-01-01

President Taft says he expects
great things from the next Con-
gress," which is exactly what the
people have been expecting for many
congresses past.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-01-01

We always agreed with the man
who said all the good Indians We're
dead Indians.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-02-24
NEW CANDIDATE in LEE
cnn"r@ Smith WI. INV for commo

Ciinurd Smith MIL RIM for Common
Council From Tint Ward.
clifford Smith announced yesterday
that he was a candidate for the Com.
mon Council from Lee Ward. Mr..
smith is a wholesale dealer, and makes
his home at zoos y Park Avenue.
councilman Richards, of Marshall
ward; who has been frequently men.
toned as possible candidate for tho
Board of Aldermen in his ward, has
decided not to make the ran. and will
stand for reelection to tho lower
branch.
Councilman r. Francis Green win
remove shortly from Monroe Ward to
Leo Ward. aud will probably be \ can.
didate for reelection TO the Council
from that ward, Alderman thinner
mann, recently elected TO fill an UNI
expired term in Henry Ward. will not
be a candidate for reelection. While
there are a number of tentative can
didates in the field there are as yot
few Vigorous contests on, and the
voters are. being quietly pledged by
the present delegations, nearly all Of
whom will stand for reelection.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-02-24
| EVILS CASE TN
HANDS OF COURT
Lawyers Review Evidence on
Which Judge Scott Will
Render Verdict.
MAY TAKE WIDER RANG E
Gum Intimates That Charges of
Embezzlenent May Be
Preferred.

After brief argument by counsel,
the case against Magistrate james Il.
Lewis, of Henrico county, charged by
Deputy Sheriff Traylor and Constable
burch with malfeasance, was brought
to close yesterday noon. Judge r.
carter Scott, who at the request OF
the magistrate, sat upon the ase
without Jury, announced that he
would take it under advisement and
render decision next Monday
Attorney William L. Royal review
ed the evidence, laying particular
stress on the Herr case. He thought
that Mr. Lewis SHOULD DO removed
from cilice, both because OF the evl-
dence brought out and as an example
to other justices of the peace show
ing necessity OF strict compliance With
the law.
Commonwcalths Attorney julien
Gum read section OF the Code.
which provides that failure on the
part OF the magistrate to report
promptly all money collected in fines
should be construed as embezzlement.
and intimated that proceedings along
this line would be brought later.
Wants Other Point Considered.
He made the point that Mr.. Lewis
had violated that section and that the
court should consider it in coming to
~ .tSS'sAo'' e'+bL Wis uCSuseu uau peeli
guilty OF malfeasancc, although the
Dill OF complaint filed by Burch and
Iraylor does not charge enlbezzlement.
Tho defense. led by Attorney Hiram
NJ. Smith, pleaded that only tho spe-
clfc charges should be considered, as
they had been presented and sworn
to by the witnesses: that no matter
what else Lewis might have been
guilty OF, he was answering simply to
tho charges brought and named In tho
bill.
The case which was first called Jan
uary 90, and then postponed to Feb
ruary is. dragged through the better
part of three days. A small army or
witnesses were examined Tor bot;,
sides. The bill of complaint was taken
up section by section. and every poin,
contested. For more than day Mag
istrate Lewis was on the stand ana
was subjected to severe cross-exam-
nation by the prosecuting attorneys.
$40 Defeat Ends of Justice"
In his argument Mr.. Royal began
by stating that in visiting the Herr
home, Lewis became party to con-
spiracy to defeat the ends of justice,
having, in spite of the fact that he was
a. sworn officer of the Commonwealth
countcnanced q plan by which Hutzlcr.
who was accused of crime the cx.
tremc penalty for which is death,
would have escaped. He inti,nated
strongly that the Hers had left the
county in a mysterious manner because
of inducements offered by Hutzler's
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-02-24

Toward tho end County Constable p. T..
watts walked In Din the gnmestcrs, and
surprised tho mali Warrants were
Issued for Mr.. Dunlop. Charles Carson,
w. r. Hubbard. George Jackson, j. G..
Blankenship. Tic names OF other mon
were secured, and they would have
been summoned. 1t is sud. hail not tho
leaders como to court and paid their
fines.
The fowls came from Scrth Carolina
arc virginia each state being plttcd
against the ether. 1T rs said that there
was much money UP on the outcome,
end that betting was brisk.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-02-24
nAszsSez1gz89fN
Observation-Disclosures

her story of the beating administered
by the barber and after hearing tho
testimony Of Mrs. L. NJ. Thomas, in
whose home, iei North Tenth Street,
the assault occurred, and that OF three
young mems. NJ Cottrell. II. II. Jor-
dan and W. c. Wood--Justlcc Crutch-
field imposed the fine. Eggleston plead
ed drunkenness, but Justice Crutchteid
would hold that as no palliation for
the offensc. Mrs. Caroline Eggleston,
the accused's mother, went on his
security. and the fine was paid.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-02-24
q sss

counsel TO Keep them from testifying
against him. Touching on the unre-
ported warrants. Mr.. Royal summed
up by declaring that in view of the
evidence, the accused was unfit to be
n magistrate and should be removed
IRON office, Mr. Gum, after calling
attention TO tho sections OF the Code
bearing upon the case and discussing
them. turned the argument over to
the defense.
Mr.. Smith replied at once to Mr..
Gums argument, obiecting to the
introduction of anything not named
in the bill of complaint. He did not
think IL proper to convict q man for
embezzlement when he was charged
with something else. He said that
during the trial his client had been
accused of multitude OF crimes. but
that the prosecution had not succeeded
In establishing the fact that he was
guilty OF the charges brought. and
sought to bring in others irrelevant to
the case.
CInims He Is Innocent.
Mr.. Smith spoke of Magistrate Lew
ISIS attitude In consulting the Comm
wealths Attorney before visiting the
Herr place as being in accordance with
the highest legal ethics. Neither he
nor Mr.. Sands. who followed him. could
see that he had been guilty of any.
thing wrong in the Herr case, and
thought that the misplacing of the
warrants and the consequent failure
to report the fines was a natural mis-
take and not due in the smallest way
to intent to appropriate the money. Mr..
Smith dweIt upon the point that in or
der to convict criminal intent must be
proved. He made sarcastic references
to Burch and Traylor. recalling the
questions asked witnesses as to their
political aspirations and other things
brought out to show that they had it
in for the accused.
The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-02-24
VERDICT ovERRUL.ED
Judge Ingram sets It Aside and Grants,

UUHEC IHSTHHi SC55 n -thIuc UUU hIuuIS
New Trial.
In the case of c. B. Fleet, Jr., against
business as the Southern Sales Com.
pany. Limited, on trial in the Law
and Equity Court yesterday, the jury
found for the defendants. y motion
was made to set aside the verdict as
contrary TO the law and evidence.
as to the defendant E. w. Toor, and
overruled it as to the defendant John
II. Miller. The verdict was. therefore,
set aside as to Toor and new trial
awarded at the cost Of the plaintiff
The question involved was one of
partnership interest in a transaction
with Fleet. the court holding. in effect.
that Miller was not party to the
contract