davidaulloa/AmericanStories huggingface dataset:
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-15
issuance OF WRIT OF HABEA9
CORPUS CERTAIN TO PREVENT
HEARING.
|Move DESIGNED TO GET
cAsEs bEFoRE sUPREME COURT
{EHer< Made 60 Have Case Transferred
Direct g Highest Tribunal-Jud0e
xohlsaat 70 Render Decision Thurs.
day-Atternsys For Government Pre-.
\ .,ars to Make Hard Fight.

W Chicago. Nov. 15.-Counsel for the
and for the packers unoer
Indictment for criminal violation OF the
i Sherman antitrust law who yesterday
lGurrendered themselves to the federal
authorities and thru their lawyers Sc
cured an order for a writ OF habeas
corpus, busted themselves today In pre-
paration of the arguments they Will
kpresent when the case Is called at lO
O o'ciock tomorrow morning before Judge
G. G. Kohlsaat in the UEited States
circuit court. Altho Judge Kohlsaats
action on the writ will be awaited
with keen interest 1t was the general
! opinion today that whatever the rul-
fing of the court may be the whole ar
fair will be delayed for long time.
All possibility Of the packers being
brought to trial Monday before District
SCourt Judge Carpenter has been end
I'D. according to attorneys Of the pack
4 9ers They say the case can not be
heard as the district court has lost
jurisdiction inasmuch as Kohlsaat has
released the men on bonds.
The release Of the defendants on cir
cult court bonds lifted" the case out
CT the district court, it was added.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-15
DETECTIVES INVESTIGATE DEATH
OF GIRL FOR EVIDENCE
AGAINST MRS. vERMiLYA.
oUARRElS WITH WOMAN
FOLLOWED az lllNgSS
Stomach Trouble Which Caused Death
May Have essn Result Of Admins.
traton Of Poison-Mrs. vsrmilya
Roomed With Girls Parents ct Time
of Her Death.

Chicago. Nov i5.-Detectives nrom
today To work OF u clue which was Civ
en by that official and which IL being
investigated with the purpose OF re-
reailng further evidence against Mrs.
Louise Nermilyu. accused of tho mur-
cdr OF Arthur Bissonette
The coroner was told that Mrs. Yer
milya formerly lived with u family OF
the name of Dorm on Groveland avenue
and While the accused woman vas there
Il daughter OF the Dorns had frequent
attacks of stomach trouble.
II was said the girl quarreied with
Mrs, Vernilya and that these attacks
usually followed n quarrel Miss Dorm.
who was Is years old. is said TO have
died In one Of the attacks. The cause
OF her death was given as gastritis.
officials believe she may have been
| poisoned
Undertaken Charles C. Boysen. in .
| statement to the coroner. admitted h0
had become violently Ill after eating
! ham and eggs ut Mrs. Vermilyas house.
6oysen Questioned Again.
When did you first meet Mrs. Ver-
milya?" Coroner Hoffman asked.
Il met her and Frank Brinkamp Mt =
dance abou. four years ago. she tells
me- said the undertaken. Il don't re-
| member 1t. Two years ago did meet
them at n dance, She said: I met you
| before at Oakley Music hall. Frank
gave me his card and said: Come over
and see us
1T has been said you were engaged
TO marry this woman
II pledge you my word OF honor as u
man that is not true" Boysen said,
I'VE have been told you were Jealous
| of Smiths attentions to Mrs. vermil-
va"
| II pledge you my word OF honor I
never saw Smith but once until tho
time OF his DEATH
SMITH"
! NO. did not saw Smith only
once. as I passed him and Mrs Vermil-
ya on the sidewalk" Boysen said.
| Given Revolver by Doctor.
1T Is alleged Smith said he had q
| revolver he was CARRYING self
| protection against YOU.
| II remember DR.. Hertel called on
! me and said; Here is a revolver Mrs.
| rermilya don't want in the house
| took It and it has been lying In my desk
| Yer since"
! Did you ever get stomach ache
| yhile lunching at her house?"
| once | had some ham and eggs. He
! fore finished eating l began to suffer
| pain
| "Do you remember whether you saw
| he pepper box there
| II never saw the pepper box there.
She always pcppered everything at the
stove
Mrs. Vermilya Is not expected to be
We'll enough to attend the inquest on
! Friday.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-15
teing hauled to a railway station
When they found 1t empty they beat
the driver unconscious and escaped.
TO AMEND ANTITRUST LAW.
House Democrats Will Attempt to Re-
move "Ruis Of Reason" From Statute

House Democratic Will Attempt to Re.
move "Ruio Of Reason" From Statute.
Washington, Nov. 15.-Amendment
of the Sherman antitrust law at the
coming session of congress Is to be un-
dertaken in earnest by democrats Of
the house, according to a declaration
by Representative Henry, Of Texas.
ranking member of the committee on
judiciary.
Representative Henry's announce
ment came while President Taft and
Attorney General Wickersham we're in
conference at the White House as to
the advisability of supplemental anti
trust legislation. The house democrats
1t was declared at the capitol will push
legislation along this line, whatever
may be the administrations determine
tion in the matter.
In addition to antitrust legislation
the judiciary committee also has de-
cided upon revision Of the injunction
statutes and the laws regulating tndt-
rect contempt cases.
Representative Clayton, Of Alabama,
chairman Of the judiciary committee,
who has been comforting with Repre-
sentative Henry and other members
during the recess, Is expected in Wash
ington within few days. when work.
already begun. on the bill amending
the Sherman law will be resumed. Eff
forts Of the committee will be directed
CHIEFLY toward elimination from the
statute of the rule Of reason" as in
terpreted by the supreme court.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-15
BOONE COUNTY WINS
Supreme Court Affirns Verdict Of
Lower Court in Suit Brought BY
cerro Gordo County Against Boone
County For Caro- Of Wanderer.

Special to Times Republican.
Boone, Nov. 15.-The supreme court
today affirmed the verdict of the lower
court in the famous case OF Cerro Cor
Go county versus Boone county. in
which the plaintiff county sought to
collect for the care of William b.
Woods, a tramp, who was sent for
this county on his way home. after
having frozen his feet while sleeping
out last winter.
William B. Woods, whose home is
in Wisconsin, drifted into Boone dur
Ing the cold weather and applied TO
farmers near the river for lodging. His
condition was such that 1t was believed
the man was drunk and he was refus-
ed In his wanderings he fell thru the
ice into the shallow part Of the Des
Moines river and got wet. He found
hay stack. crawdel in and slept dur
ing the night. leaving his feet sticking
out in the bitter cold. The next morn
ing he applied to Chairman ]. w
Kelghley, Of the board Of supervisors.
for a ticket to the next county seat,
desiring to get back to Wisconsin. his
home.
DR.. Ed Minis, the county physician
examined him and a ticket was pur-
chased and the man satisfied. At Nc
vada a ticket was purchased for the
man to Mason City. There the frozen
limbs bothered him and one had to he
amputated. He was in the hospital for
weeks.
When he recovered he brought suit
for $4,000 against the supervisors and
the county. and Cerro Gordo county
also brought suit for costs Of caring for
tim,
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-15

seek higher classification. At present
they are gated class "A" the same as
the Southern League. They base their
claims Of ofsadvancement to "A. A." on
the census asserting that New Or
leans is the only city In the Southern
League comparing favorably with
those Of the American Association and
the Eastern League.
Club disputes and personal contro-
versies concerning players are to be
considered by the national board of
arbitration. About 200 cases are be-
fore the board an we'll as claims aggre-
eating more than $4,000. and besides
these there are to be considered appi-
cations from minor leagues for an ad-
vancement in classification.
A continuation Of the ten year agree
ment under which the association "as
formed was considered a certainty.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-15
lows eu-rene Court.

Srec'a, to Times Republican.
nes No,res. Nov. 15.-The supreme
court today handed down the following
opinions:
St,te VS.. browning. appellant. Polk
district. Affirmed
state vs McClelland, appellant. Floyd
district. Affirmed.
W;ckwire VS. Webster City Savings
Bank. appellant Hamilton district. Az
frlned.
Fryer VS. New York Brokerage Com
pany. appellant cerro Gurdo district
Affirmed.
Cerro 1orIio loa:::;%'. appellant. VS.
Boone county. Story district. AZ
fir.ned.
Majestic Thcater Company. appel
liant, against city OF Cedar Rapids. Linz
district. Affirmed.
Fear VS. Fear. appellant. Warren dis
trict. Affirmed.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-15
BEA11'E MUST DIE
Governor Mann Declines to Interfere
With Courts Verdiet-Rsspits Of
Thirty Days For Spiritual Prspara-
tion 10 Also Denied.

Richmond, Va, Nov. 15.-Governor
Mann today declined to interfere in the
case of Henry Clay Beattie Jr.. and
the young wife murderer's last hope OF
escaping the electric chair on Friday,
Nov "a. was swept away.
Attorneys for the defense held their
last conference with the governor and
Just before noon the latter announced
his decision not to interfere in any way
with the decree Of the Chesterfield
county court, which was sustained by
the supreme court of appeals Of the
state.
A petition has been presented to the
governor praying for a respite Of at
least thirty days for spiritual prepara-
ton.
In a signed statement Governor Mann
said in part:
II followed this case during the trial
and as It's horrible facts were developed
regretted that crime so cruel and ma
licious should have occurred within the
confines Of this state.
"In the decision Of every question
which was presented to the able and
Impartial judge who presided at the
trial he was careful to give the benefit
of every reasonable doubt to the pr.s-
oner. That he did not err is shown In
the refusal Of the supreme court OF
appeal to grant writ Of error.
THAT Beattie is guilty of the wilful
deliberate and cruel murder Of his
young wife have not the slightest
doubt nor is it insisted that there shall
be any greater relief offered than the
communication of his sentence to i'm
prisonment for life. do not think any
evidence brought to my attention Is
sufficient for that purpose.
ITO grant respite in so plain case
would be to set precedent, would be
to temporize with the law, and to en-
courage appeals to the supreme court
with the sole purpose Of gaining time
I believe the best way to prevent such
crimes as this is to punish them
adequately and speedily. Therefore the
Judgment of the circuit court Of Ches-
terfeld will be carried into effect with
out interference from me-"
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-15
FEAR U:,FAIR TRIAL
Members Of "Tar Party" Charge Coun-
ty Attorney With Spreading False
Reports-Four Counties Aroused and
Change Of Venue ls Asked-shady
Bend Schoolmistress Receivers.

Lincoln Center. Kan. Nov. Is
anless had conspired to spread err
roneous reports OF the tarring of Miss
Mary Chamberlain. attorneys for the
nine defendants. accused of being
members OF the tar party" today filed
vi ith JuGge Grover an Application for
u change CT venue.
McCanless is accused of having
caused Ldward Ricord. the barber who
betrayed Miss Chamberlain to her en-
cmies. to be brought out OF Jail for the
solo DurDose of compelling him to give
an interview to a metropolitan news
l.apev reporter and of having himself
interviewed regularly BY night in his
Ctfice III the court house"
Otller details regarding publicity
giving the tarring of the young Shady
Bend school teacher, which has con-
vulsed four counties and aroused 4
storm over the entire state as a stain
upon the honor of Kansas. are given
as reasons why the nine prominent
citizens charged with the tarring could
no. expect fair trial in either Lin
coin Ellsworth. ottawa or Saline coun
ties
Miss Chamberlain dressed in black,
appeared in court today.
Arguments on the motion for
change of venue were set for tomor-
row. The defense has twenty witness
es to offer in support Of its contention
while Attorney McCanless has doz-
en-.
Miss Chamberlain appeared entire
ly recovered from the effects Of the
frightful torture she underwent when,
under the pretense Of taking her for a
drive. Edward Ricord took her In q
buggy in a lonely spot and delivered
her over to MOI waiting behind the
fence with the hot rf.r prepared.
Edward Ricord. who Is in jail walt
Ing trial on an appeal from just .
sentence of a year in Jail for conf
plicity in the tarring, asked to be tax
en- before Judge Grover and enter a
plea of guilty. His sentence was sus-
pended until after the trial Of the 9th
er defendants.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-15
MUTUAL INSURANCE MEN.
State Association Convenss at De-
Moines For Annual Session.

Dcs Moines. Nov i5.-Gorernor b. +.
Carroll VAS scheduled to welcome to
Dcs Molnes the delegates to the con-
vcntion of the Iowa Mutual Insurance
Association this afternoon. This is the
thirty first session and delegates ar
rived from all parts OF the state during
the morning.
The association win discuss IRE
hazards automobile insurance. settle-
nent of losses, and other topics OF In
terest to insurance agents. Ole Q. EoA.
state fire marshal. is on the program 70
speak on The Dangers OF Incendtary
Fires"
The entertainment feature viii be
the banquet to be served tonight.
rre-iSas.. Inhr Homrtghaus, Of De0e
yer. Iowa. is presiding. P. ]. snaws
Of Plover. Iowa. Is the secretary.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-15
PAGE ONE.

TeIeeraphc kews:
=, Coup OF Packers to Cause Delay.
Owen Pleads For National Health
Bureau.
Governors Day at Commercial Con-
gress Meeting.
Believe Girl Was Victim of Mrs. Yer
mlya.
Yuan shl Kal VIII Accept Premier
ship.
China's Strong Man" rendered
Presidency
Jury Acquits Mrs. Larson
PAGES TWO AND THREE.
Iowa News:
Freak Legislation vs. Trust Bust
ing
Prize Apples Wanted
Cities Win In Supreme Court
PAGE FOUR.
EDITORIAL:
The Straw Vote Returns.
Grim old Fashioned Schoolma'ams.
I.adylke Corrhuskine.
Topics OF the Times.
Iowa Opinions and Notes.
story, The Man Higher Up
PAGE FIVE.
Iowa News:
railroads 10 Make Showing.
strikers Appeal TO Gompers.
PAGES SIX, SEVEN, EIGHT, NINE
City News:
/ Ingledue and Herman Start Jones
Recall.
| Mass Meeting Held Under Cover o.
/ Secrecy.
| Times Republican Reporters Fired, '
| Farm Hand charge
! Priests Of Deanery Meet
| General and Brief City News.
PAGE TEN.
Markets and General:
/ Decided Strength in Wheat.
| Corn Firm.
| Big Run Drives Cattle Prices Down
| Hogs Gain 3 and 10 Cents.
| Nickels and Dimes For Holiday Bus
mess.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-15
Rebels Ask Neutrality.

Annoy. China, Nov. 15.-The republi-
cans who took formal possession OF the
CITY Yesterday, have issued an address
to the foreign consuls. in which the
neutrality of the latter Is requested
and assurance given that their proper
ty, including the churches. will be pro-
tected, The city remained quiet today.
Hal Cheng, southwest Of Annoy. has
gone over to the revolutionists. The
city magistrate has been made u pris-
oner.
Chang Chow, twenty fve miles west.
reports fighting there. Word comes
from Tsuan-Cnow. seaport. hfty
mil.s northeast. that the local officials
have fled ana the ruuSn element IS IN
control.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-15

Special to Times Republican.
NorthWood. Nov. l5.-up to lat
hour this afternoon the jury in th,
case of Eta and Christian Larson ha,
not reached an agreement. Reports ar,
to the effect that the jury stands min,
to three for conviction. The jury ha:
been out since $50 last evening
The general opinion is that the let
ters claimed to have been written b
Mrs Larson to her sister Mareug
Rhodenbaugh, are having weight IL
being productions of the defendant |
Is thought an agreement Will b.
reached before night.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-15
BOYS RESCUE FIVE.
Omaha Lads Save Lives Of Youths
Who Broke Thru Ice.

Omaha. Nov l5--Five lads ranging
from : to years were saved from
drowning in q lagoon in kountze park
Yesterday afternoon by two lads Few
wears their senior. who appeared just
in time to pull them from the Icy wa
ters
Carroll Mullen aged II. found Joseph
F.lins and an unknown companion.
struggling In the water. into which
they had tumbied while skating on thin
ice He pulled one out by the hair and
.rasped the other by the collar just as
hcv were sinking.
A half hour later boy who refused
10 give his name was crossing the park
and found Henry and Leroy Lucas and
Robert Obermeycr struggling in the
water and dragged them to shore exc
hausted AL, Ave lads went thru the Ice
which Ind been softened by rising
temperature since Saturday.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-15
UNKNOWN MAN MURDERED.
Mysterious Tele-hone Call Takes Po.
lice to Shed Where Body 10 Found.

Chica go. Nov. IAN unidentified
man, found In q switch shed on the
Rock Island road near Chicago as the
result Of n mysterious telephone call,
murdered.
John Mccarthy. saloon keeper. to,i
the ,elict. that the man had been found
unconscious in front Of his saloon nnd
had been carried, still living. to the
shed, in which a number OF railroad
employees were sitting.
After the seleph me cal, when the
rulice reached the shed. the railroad
men had lett and the body was alone.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-15
EXPRESSION OF THANKS RE.
cARpEp As rANTAMoUNT TO
ACCEPTANCE.
TENpEREp PRESIDENCY az
LEADERS OF REVOLUTION
china's "strono Man" Looked Upon as
Savior Of Country BY Both Factions
-Ksbsls Ask Neutrality in Address
to Foreign ConsuIs-Hai Chang Goes
Over to hevolutionists.

Peking, Nov. 15.-The most import
ant development at the capital TO-DAY
was the publication in the oniciai
gazette of Yuan Shi Kais expression
Of thanks to the throne for Its ap-
pointment of him as premier. This is
regarded as tantamount to his accept
ance Of the office.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-15
Yuan rendered Presidency.

Peking, Nov. 1o.-Yuan Sni hai has
been offered the presidency of the re-
public Of China. The offer has come
from the rebel general. LII Yuen-Heng
and, in way, offsets the government
overtures that he take the monarchicai
premiershihp.
The fate of China, In SO far as the
form of government is concerned,
seems to lie with Yuan Shi kai. Or
ganizer of the original modern army OF
the Celestial empire, the admitted
strong man." of far Cathay. he Is In
position to recommend and enforce the
abdication of the 5-yearold emperor
and take mis- place as chief OF the
great monaghan empire. His Intention
is in doubt
Yuan shi Kai in his conferences to-
day with the prince regent, Prince
Chun. the acting premier, Prince
Ching. and other members OF the nomi-
nal cabinet took occasion to point out
the insecurity of that office, the reten :
ton of which depends upon the ca
price of the national assembly. Yuan
Shi kai, if he accepts the premiership
at all, desires a fixed term Of office.
and he so stated to the regent. But he
must obtain this thru the national as
sembly, as an edict would be likely to
arouse suspicion.
There is another posstbility-Yuan
Shi Kai may be considering the alter
native OF a republic and may himself
ecommend the abdication of the en-
peror.
Fear Of Mane!u Intrieuss.
He reports that the rebel leader. Gen.
Ii Yuen Heng. said he would obey his
orders il Yuan would consent to be-
come president, but would not recog-
nize him as a Manchu premier. In his
opinion 1t would not be difficult to
reconcile the provinces, most Of which
are giving the strongest evidences Of
desire for peace. The complete con-
stitution already pledged would satisfy
the rcvolutionaries. except for the lear
that Manchu intrigue would begin i'm
mediately arms were laid down.
One of the prominent members o.
the national assembly today Informed
a foreign legation attache that a ma
jority would prefer to reorganize the
government on the ines os republic.
Financial stress is being felt by tho
administration. The board Of finance
has only about s3oo,nnn. wi lie the late
empress dowager's boarded silver and
gold is not thought to anourt to more
than $s,o0o,ooo. the palace. 1, is said
having contributed largely to famine
funds and other charities, rs well as
for the Hankow and other campaigns.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-15
F,lI Of Nankioo Reported.

San Francisco. Nov. IA Hong
Kong cable to the Chinese paper here
says that Marking has been captured
by the revolutionists.
Commander Ii Yuen Feng has tele-
granhed to Canton asking for an army
10 join his forces fo- an attack on Pc
king. Foreien guards. the dispatch
said, had been withdrawn from Cam
ton.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-15
T..R. BULLETIN
Noticeable News Of Today
The Weathse.

Sun rises Nov Ii at o,39; sets at 4:al.
lowa-Ursettled weather. with prob
ably light snow iiurries tonight or
Thursday: warmer in northwest por-
tion tonight.
Illinois Unsettled with probably
light snow flurries in north portion to-
night or Thursday; colder tonight
South Dakota-SnoW tonight or
Thursday; warmer In east and central
portions.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-15
HARVEST NEIeHsoR's CORN.
lowe Farmers Aid Friends Who Ar
Sic and injured.
-

SpGCIHI
Council Bluffs. Nov. 15-Thirty.
seven teassss and wagons with two men
at each wagon, members Of a fraternity
Of which Charles Apt, Of Oakland IL q
member, and who IN III health. con-
EreRated at Apis farm yesterday and
BY early evening had husked and
,cFibbed Apths nifty acres Of corn. The
huskers then gathered a4 the. Apt home
and partook 6f supper which they
had brought with them.
Near Missouri Valley, party OF
thirty friends Of James Smith did the
Samaritan act Smith was prostrated
with . broken leg. While the men
were huslginx the corn. their wives
made comforters and all composed a
big dinner party when work was over.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-15
AUTHOR OF "ouo vAD,s" SHOT.

Hem TX Sienk'.wiez Wounded IN Head
I'D Nnae by duntinq Accident.
Vienna. Nov. 15.-A dispatch from
Len.oerg saws that -enryk sienkiewicz,
au.hc. Of Quo vadis. was shot while
shooting pheasants The shooting was
done by another party, who aimed NJ
a pheasant. Some Of the shot lodeed
in the novelist's forehead near tiha :ee::ee
eye and his knee also was injured He
Is In q hospital at Warsaw
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-15
DISCUSS woMEN's RIGHTS.
Federated Clubs Permit Discussion q
Political Equality Fer First Time.

Council Bluffs, Nov. 15.-The annual
meeting OF the federation Of women's
clubs of the Ninth Iowa district was
held here today. Prominent club wo-
men of Iowa are on the program.
The addresses of the state president.
Mrs. Homer Miller. Of Des Moines, Mrs.
Horace Deemer. of Red Oak, and Mrs.
James Berryhill. Of Des Moines. were
anticipated with great interest.
The subject os the last mentioned
address. Political Equality" was es-
pecially interesting In view Of present
agitation for woman's suffrage. OF
which Mrs. Berryhill is an ardent ad-
vocate. This is the first time this subject
has been brought before the federated
women's clubs Of Iowa.
Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-15
suffrage Keynote Of Illinois Meeting.

Suffrage KOyNoto o. JIIInoiS M0otihq.
Galesbrrg. ILL.,. Nov. 15.-A more
prominent place for woman in state
and national affairs was the keynote Of
last nights meeting Of the Illinois
State Federation Of Women's Clubs,
which did not close until midnight.
There was not a man given q place on
the program.
This morning was set aside for
nomination of officers. The civic
luncheon this noon attracte" all the
delegate. that corld be provided for.
rany being unable to gain admis-
sion