davidaulloa/AmericanStories huggingface dataset:
Omaha daily bee., 1911-09-08
HIS CLIENT is 700 HAPPY
Roy Morton Upon Discharge Hurries
from Court Room, FOrgetttng 20
sign Poverty Affidavit.

Roy Morton, tried last winter Tor break
ing and entering, was so happy when the
jury acquitted him that he dashed out OF
the court room and forgot to sign the
affidavit of poverty which would warrant
the county's paying his attorney. G. NJ.
Tunison, for defending him. County Audi
tor Antilles Thursday refused to allow
Tunison's claim for SIS. Tunison appealed
to Judge Estelle, who said he will inform
Antilles that the claim Is correct and should
be allowed.
Omaha daily bee., 1911-09-08
She Keeps Tab on the Poor
and Needy of a Great City

When charity becomes svstema-
tized and every case Is recorded and
investigated with scientific accuracy
the mass Of records which accumu-
lates in an office like the head
quarters Of the Associated Charities
IN Omaha is a hopeless pile to any
one but a skilled worker Miss Jose
.phine Rhoden. who has been an
assistant in the Omaha office for a
year. is the one upon whose should
ers rests the responsibility for keep
ing these records straight Miss
Rhoden took up the task trained in
office work and stenography and be-
came office secretary. While the
workers are out over the city delvlng
into conditions Of every degree of
sordid misery she remains at the
headquarters and keeps in order the
records of hundreds Of families In
the books OF the office she has ac-
curate information concerning more
than 1000 cases. The records Of pro-
fessional beggars are there and the
frauds that are daily attempted upon
the good temper and patience of the
charity workers are avoided in many
cases only through the information
that is there tabulated. The office
of the Associated Charities is called
up over the telephone by from 1000
Omaha daily bee., 1911-09-08
WILL CELEBRATE HER
NINETIETH BIRTHDAY

Mra. Catherine Van Slack of the Old
Peoples Home Is Ninety Years
Old Saturday.
Mrs Catherine Van Slack, the Oldest in
mate in point OF residence at the Old Peo-
pies home. VIII celebrate here nintieth
birthday Saturday by coming down stairs
for the first time in three years to psrtake
Of birthday luncheon which the board Of
directors of the home are planning for
her
Mrs Van Slack was a resident at the
former home on Burt street fifteen years
ago, where she became noted among the
residents and visitors of the home for the
beautiful patchwork quilts which she
made Since coming to the new home on
Writ street Mrs. Van Slack has had to give
up quilting on account of rheumatism and
spends most Of her lime reading her Bible.
Omaha daily bee., 1911-09-08
Stoecker Presents
Strange Argument

A long lean Dachshund, a yard long and
one-sixth as high, was introduced as
evidence by w. f. Stoecker when brought
before Judge Crawford in police court on
a charge Of exceeding the speed limit
Stoecker said the dog was running behind
his machine when he was arrested and
that as the dog has such short legs he
cannot run over four miles an hour.
Stoeckers case was continued.
Omaha daily bee., 1911-09-08

hope as I had gone so long. There was marked
change the second day, and so on until was
entirely cured. The Cuticura Soap we have
always kept in our home, and we decided
after that lesson that it is q cheap soap in
price and the very best In quality. My hus-
band will use no other soap in his shaving mug.
81 have always used Cuticura Soap and no
other for my baby, and he has never had a
sore OF any kind. He does not even chafe as
most babies do. feel that it is all owing
to Cuticura Soap for he is fine and healthy,
and when I'VE months old won prize in a
baby contest. 1t makes my heart ache to go
into so many homes and see sweet faced
baby with the whole top Of its head a solid
mass Of scurr caused by the use Of poor soap.
I always recommend Cuticurs, and nine
times out Of ten the next time see the mother
she says Obi / am so glad you told me OF
Cuticura.," (Signed) Mrs. G. A. 6elby,
Redondo Beach. Cal, Jan. is, 1911.
CuticurA Soap and Ointment are for sale
throughout the world, but to those who
have suffered much, lost hope and are with
out faith In any treatment, a liberal sample
Of each together with 32-p. booklet on the
care and treatment Of the skin and scalp will
be mailed free, on application. Address Pot
ter Drug Chem. Corp, Dept. 24A. Boston.
Omaha daily bee., 1911-09-08
Sir Horace Plunkett
in London Rest Cure
Seeks to Prove by His Dachsund that
He Did Not Exceed Auto
Speed Limit.

Omaha friends Of Sir Horace Plunkett
have had tidings of his serious illness,
which has compelled him to retire to rest
cure in London and give up for the time
both private and public work. Sir Horace
has large property interests in Omaha and
the west and visited here last spring.
Omaha daily bee., 1911-09-08
Piper's Condition
May Prove Serious
Alleged Burglar Who is Shot in Jaw
by Detective is Taken to the
Hospital.

Ray Piper. the alleged burglar who was
shot in the Jaw by a detective nearly
week ago and who refused 10 seek sur
geon, fearing arrest, y in such serious
condition that he has been taken 20 st.
Josephs hospital Blood poisoning Is
feared and in the event OF such q develop
ment the wound probably will prove fatal
Omaha daily bee., 1911-09-08

Common colds must be tnken seriously
For unless cured they sap the vitality and
lower the vital resistance to more serious
infection. Protect your children and your
self by the prompt use of Foleys Honey
and Tar Compound and note it's quick and
decisive results. For coughs, colds, Group,
whooping cough. bronchitis and affections
of the throat, chest and lungs it is an
ever ready and valuable remedy. For sale
by all druggists.
Omaha daily bee., 1911-09-08
REST AND HEALTH TO MOTHER AND CHILD

Mrs winsow's Soothing Syrup has been used for
over SIXTY YEARS by MILLIONS of MOTHERS
for their CHILDREN WHILE TEETHING, with
PERFECT SUCCESS. It SoOTHEs the CHILD.
sOFTENS THE GUMS, ABLAYS all PAIN; CURES
WIND collie and is the best remedy for DIAR-
RHoEA. II is absolutely harmless. Be and
ask for Mrs winslows Soothing Syrup" and take
no other kind Twenty-Five cents a bottle.
Omaha daily bee., 1911-09-08
NIGHT SCHOOLS WILL BE
OPENED IN OCTOBER
TO Bundinxs Win BE Used, the
same last Year-LarEe
Tendance.

sight schools win not be opened In
omaha until some time in October. They
viii be held IN the Kellom and Comenius
buildings. with eight teachers in each
school. IL is expected that about 100
pupils will attend during the winter.
Omaha daily bee., 1911-09-08

Here is a woman who speaks from per
sonal knowledge and long experience viz.
Mrs. T. H. Brogan. of Wilson, Pa, who
saws, II know from experience that Cham
berIain's Cough Remedy 10 far superior
70 any other. For Group there Is nothing
that excels it For sale by all dealers
Omaha daily bee., 1911-09-08

The eruption began with
itching under the skin. II
spread fast from between
the fingers around the nails
and all over the whole
hands. I got q pair Of
rubber gloves in order to
wash dishes. Then IL
spread all over the left side
OF my chest. A fine doctor
treated the trouble two
weeks, but did me no good.
I cried night and day.
Then I decided TO try
Cuticura Soap and ONT
Tnpnt HIT HifhOiIt muCh
Omaha daily bee., 1911-09-08
1853 Days "On Time"

N town sIable It
o Of hnn go
audit last dae 1911
xmnu late
sran
eaoundte word
rhorarrv
n ranh
and
CHICAGO
Arrived ION time during August number of
time"
rains possible nywitham
ydeveope
II Ticket Office
Omaha daily bee., 1911-09-08
mo YeIIorx PeriI

jaundios malaria - bllliousness, vanishes
when DR.. Kings New Life Pills are taken.
Guaranteed. Csc. For sale BY Beaton Drug
Co.
Omaha daily bee., 1911-09-08
ALMOST FRANTIC WITH
ECZEMA ON HANDS
Began with Itching, Spread Fast.
Fingers Fairly BIed, Cried Night
and Day. Tried Cuticura Soap and
Ointment and Was Entirely Cured.

Eight years ago l got eczema all over
my hands. My fingers fairly bled and IL
Ltehed until Il almost drove me frantic.
Omaha daily bee., 1911-09-08

month
one
The oasis., 1911-11-25
AERMoSlLLo NOTES.

Mir. James Penman from the Verde Grande mines, arrived at Hermosillo Sunday, and has been bere through the week.
 Cantina Central, Hermosillo, opposite Banco de Sonora, A. A. MOnteverde, proprietor. Lunches, Finest Mexican cigars.
 Saturday of last week and Sun. day MT. and Mrs. Allen T. Bird of XOgales, were visitors at Hermo- sillO. They returned home Mon day morning.
 Mr. w. E. Bristol of the Bristol Commercial Company, who has been in New York some time on business, is expected to return home early in December.
 MT. Frederick I. Swinney, a we'll known mining engineer who was in charge of the Congrefs mine, west from Carbo, some years ago, has returned to Sonora after an absence of three years, accompanied by Mrs Swinney. They are guests at the Hotel Arcadia.
 Mr. Stocker, whose installation of n pumping plant down Q valley of the Sonora river was noted in THE OASIS last Spring. h1s been visiting in Hermosille=tfTis week snd last. He reports his farming operations as having been very successful, and he is preparing foI another such season.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-05-11
Resolutions.

Midsi the activity of life the sum
mons came and she quietly passed
over on the other shore where II
has pleased the Supreme Ruler OF
the universe to remove from our
midst sister Jennie Fuller.
Whereas. By His so doing, FIRE.
mont Relief Corps, has sustained
the loss of loving sister, faithful
to every trust. beloved as few wo-
men are loved. Be 1t
Resolved, That the charter of the
corps be draped in mourning for
thirty days. We extend to the mem
bers of the family sincere and low
ing sympathy in their hours of sor-
row commend to the memory of Him
who doth all things well. Be it
further
Resolved, That copy of these re-
solutions be spread upon our re-
cords, copy sent to the bereaved
family and copy furnished our To-
cal papers for publication.
SERENA DAILY, USURLA WELL
MAN, ELIZABETH RUSSELL, Com
mittee
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-05-11
DRY BUCK

Nels Anderson of Brownlee was d
ing business In this section last Sat
urday.
Hardy Phillips is putting out an
orchard He Is situated In a SPLEEN
did location for the railing OF fruit.
The rain has been somewhat of
a drawback to the farmers putting
In crops. but there is still time to
him who trusts for good crop.
VIM Douglas shas relinquished HIS
homestead Of 80 acres and Lon
Phillips has made a filing thereon,
and also filed on so acres adjoin-
ing.
Guy Francis has relinquished his
homestead to the government and
shirl Phillips has filed on the same
and will start bachelors headquar-
tiers there
Elias Younkin has returned from
Emmett, after an absence OF three
weeks. He had a siege OF the
humps. but has fully recovered. One
cat left In his absence.
There will be meeting on Brown !
zee in few days OF the farmers to I
ak over the question of assess {
nent OF property. There seems to
'e much Misunderstanding concern
ng the matter and this meeting will ;
e for the purpose of becoming bet
er informed and arriving at an adj
lstment OF valuations with the as \
essor. 4
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-05-11
Methodist.

The hour for Sunday school has
been changed so the services will be
at 9:45 a. m. Public worship at
II a m. and s p. m. Morning sub
ject: "A Noble response" Evening
subject: ''The Man Who Makes his
Opportunity.
Epworth League at z pm; Jun
ior Epworth League Thursday at
p. m. Prayer meeting Wednesday a
; p. m. Teachers meeting Thurs
day at p. m. Everybody welcome
at all these services. C. l.. Bent,
pastor.
DR.. F. w. Compton and daughter
Anna Compton of Boise spent Sun
day at the parsonage. Miss Comp
ton delighted the congregations at
the Methodist church by singing
solo both morning and evening.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-05-11
NEWSOF TWOCOUNTIES.
The Weeks Contribution from In
dex Reporters and Other
Sources.
HANNA.

Ernest Asmussen spent Sunda,
with friends In the neighborhood
Mrs. Maud Holland and daughter
EIlamae, left Monday for Bois'
where they Will make their home
MIR Dietrich, who is in the EN-
pIoy OF the Idaho Orchard Co.. spen
Sunday with his family IN New Ply
mouth.
Rev Coulter OF Payette preached
last Sunday evening in the school
house Rev. A l.. Young conducted
the morning serylces.
VIII Jewell spent Sunday among
friends In the Hanna neigh borhood.
He viii Join party this week for
a trip up into Council Valley.
The Idaho Orchards Co. Is fenc-
Ing their tracts OF land west OF
Hanna and the setting OF tres has
begun In real earnest Several teams
have been employd this week haul
Ing posts and wire and nursery stool
J. =. Harris and his sister Mrs /
Paul Helphrey, OF Boise. drove over
from Boise. Saturday and spent un-
I'll Tuesday with their mother Mrs
Pattie Harris.
Mrs. Wertman, of Boise. accom-
panied By her sister. Mrs. Albert,
and a niece and nephew, whose
names We did not learn. drove over
from Boise last week and spent
couple OF days on the Wertman
ranch. They noted quite an improve
ment on the bench since their last
visit.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-05-11
Presbyterian.

The following persons were vel
coined into the Presbyterian church
by letter on last Sunday morning af
ter the preaching ervsice. Mr.. and
Mrs. A. F. James. Mr.. and Mrs. H.
Thompson. Several others have beef
received by the session who will joiI
in the near future.
Regular services at the Presby-
terrain church next Sunday May IA
both morning and evening, Sunday
school alto, preaching at II. C.. E.
at Z, preaching at s. Special music
You are cordially invited An effort
will be made to hold the hour of
the evening service at the time men
toned. Lend us your cooperation
by prompt attendance. S. A. Parker,
pastor.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-05-11
Victory in Land Decision

Idaho won a great victory in the
decision handed down by the state
supreme court, and by that decision
the way was cleared for the state to
profit by the magnificent domain
granted by the federal government
at the time the state entered the I'M
ion. Under the decision the land
board is given the undisputed right
to relinquish sections 16 and SO
and to take other lands in lieu OF
them.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-05-11
TALKS

Miss Dora Hagerman, who ha
i been spending the past few week.
: at the Asmussen home, has now re
turned to her home in Payette.
Miss Harrison of Bramwell has
been spending few days with Miss
Mary Hoagland.
Leslie Carpenter of New Plymouth
left for Corral, Camas Praire,
last week, where he intends to
spend the summer
Walter and Erven Nichols have
Just finished putting out five acres
OF orchard
John Christensen OF Fruitland ha,
been visitor OF his sister, Mrs.
Amusssen.
Willie Hoagland has been on the
sick list for the past few days.
Ernest Asmussen and mother were
the guests Of George Walker and
family last evening.
Miss Clara Nichols made visit
home over Sunday while her sister
Julia stayed with Mrs. Mccullough |
of New Plymouth, who is very i'll.
Ernest Asmussen made business
trip to Plymouth last Thursday.
Miss Minnie Guffey of Caldwell
is visiting her sister, Mrs. C. L.
Burt, for a few days.
Miss Gladys Howard who las beer
attending school at Lewiston, return
ID home this morning.
Bob Meechan of New Plymouth
made visit on the Emmett bench
Inday. But he hopes no one will
SIX any questions as to the parti-
ulars.
Fox Nichols, who has been work
ig for the Idaho Orchard Co., re-
lrned home last Saturday. n
Mrs. Burt and two daughters, j
aud and Blanche, made a business
Up to Emmett Monday.
Charles Patton made a trip to
Tuesday and brought back &C
load of hay b!
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-05-11

A new wagon road is being built
on the South Fork of the Payette
river from Lowman to Jordan bridg,
The road runs along the side of the
river and at intervals there are many
warm and hot springs which are ex-
cellent for bathing. One spring
falls over a high rock and ledge
jutting near the road forms an ideal
spot for shower bath. The beau
ties of the section have been known
to a few for some time, but the
opening of this road will make it &C
cessible to many more.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-05-11

district in the interest of the pro.
posed High school, j. l.. Hobson Is
performing a similar work at Falks.
j. T. Hoagland and wife, who are
in the employ of the Idaho Orchard
Co., were Bramwell visitors Satur-
day.
The farmers OF this vinicity expect
to petition the County Commissioner
to set aside herd district that
everyone may be held reponissble fol-
his own stock.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-05-11
Band Concert Enjoyed

Saturday evening the first of the
summer concerts by the Emmett
Concert band was given on Main
street and was enjoyed by large
crowd The business men and many
of the citizens and farmers have
subscribed literally to fund to
defray the expenses of regular Sat-
urday night concerts during the en-
tire summer.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-05-11

Harry Workman, secretary OF
the Emmett Irrigation district, and
w. f. Bell. president, went to Cald-
well Tuesday on business before the
district court in regard to the con-
troversy over right of way for a
waste ditch through the Mrs. Han
thorn ranch just across the river
The court appointed as condemna-
ton commissioners C. B. Steunen-
berg, w. L. Fuller of this city, and
j, G. Grouse of Caldwell and APP
pointed the hearing for Tuesday.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-05-11
Break in Canal

A break occurred Sunday morning
in the Canyon canal on the south
side extension and besides filling tn
Last Chance and Farmers Coop
bitches for about 100 feet. damaged
II. b. Bakers orchard. Repairs were
completed yesterday.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-05-11
BRAMWELL

c. Burt returned from Payette
Saturday
]. j. Allen. Boise contractor
and Bramwell farmer. was here on
Friday
Sidney Walker is visiting the pa
irons OF the vanderdasson school
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-05-11
Announcement

DR., A. NJ Drake. the Boise eye
specialist, viii be in Emmett at the
Carnage House. Monday and Tues
day, May Is and 16. If you have
headache, or any form of eye trou-
Bile see him, All work guaranteed
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-05-11
Charter Members.

Five hundred now and growing.
Why not join us now You will
surely be cared for in cold weather
by Hiawatha coal. Phone any
transfer company.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-05-11
Fixing Schedule.

f. L. Holverson went to Ontario
Tuesday to arrange the schedule of
games for the remainder of the sea-
son.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-05-11
CHURCH NOTICES.
Latter Day Saints

Services on Sunday as follows:
Sunday school at 10 a. m. Regular
services at p. m. All are invited.
David Nelson, Bishop.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-05-11
Baptist.

Sunday night at the Baptist
church the pastor Dean Hamilton
will speak on THE Man on the Tree
in the last of series of 4 sermons.
Good singing
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-05-11
Catholic.

Services for next Sunday: First
mass at $3.50. Second mass at 10:-
80. Choir practice Saturday at $3.50
p. m. j.. Marx, S. NJ.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-05-11

Regular services the first and
third Sundays of eachmonth. S. ].
Jennings, Rector.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-05-11

Strawberry ice cream at the Pal
ace Bakery Saturday and Sunday.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1911-05-11

Early rising lengthens mans
days.
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1911-04-23

1878.
She had been in good health, aside
from the inflrmlties of old age for .h9
past few years. until less than week
ago when slight cold, developing
into pneumonia FASTENED the end OF q
long life.
Other members Of the family wen
TO Columbus yesterday afternoon an,
last night to attend the funeral whict
will be held at Columbus this after
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1911-04-23
MRS. PENNEBAkER DEAD
Aqed Mother OF c. 3. S. .Sennebaker
Passed Away at Columbus, KY,
Friday Night.

c. B S. Pennebaker was called to
Columbus, KY, Friday night on ac
count of the death OF his mother
Mrs. Mary Pennebaker, which s,oc,
CURED Friday evening at the home OF
her son George b. Pennebaker near
South Columbus. Mrs. Pennebaker
was in her ninety-third year, having
been born In Nelson county. Ken
lucky, near Bardstown, August ~
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1911-04-23

chequer, The last three days brought
large crowls-Thursday aoorl $500,
Friday nearly $500, and Saturday
nearly 5000 people were on the
grounds during the day and evening.
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1911-04-23

man himself. George Gilmore had
charge for the Woodmen. Had the
weather been favorable the first half
of the week, the Woodmen would
have added very materially to its ex,
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1911-04-23

The London market for the importa-
ton OF plumage for ladies' hats is the
largest in the world and II Is estimai-
ed that 5000 persons are employed III
the manufacturing and other work ins
cidental to this trade The value II
the imports ia said to be $500 600 i,
1900, 900 a yeaT-Forest and Stream.
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1911-04-23

the Miller Bros. Shows, whose weeks
engagement in Cairo terminated last
evening. The shows were brought
here through the promoting of. Harry
Eichenberger, who has been a show
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1911-04-23

The shows were much above the
usual order of carnivals of the kind
and everyone who attended expressed
satisfaction at the quality for the
price. The aggregation leaves Cairo
this morning for East st. Louis,
where an engagement Of a weeks
stand begins Monday under the aus
pices OF the Order OF Eagles.
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1911-04-23

HICKORY STOVE WOOD s1.5o.
Big load, stove size. delivered.
Both phones. Clark-Danforth Co.
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1911-04-23
Vl0DMEN DID WELL
TIE Carnival Closed Last Evening
Shows Gave General Satisfac-
ton and Pleased patrons.

Sycamore Camp, Woodmen of the
World, will derive neat sum as
their portion Of the receipts from
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1911-04-23

For the racthcr in the home to
be strong and well, able to dc
vote her time and strength II,
the rearing of children. is one
of life's greatest blessings.
Often the bearing Of children
DESTROYS the mothers health,
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1911-04-23
I'ERag ssE,52s35g E3
Re 5 3 / q

she prepared system advance for the important event.
Mothers Friend saved much OF the discomo
suffering with expectant mothers II is peneat
ing oil that thoroughly every muscle and tender
times thus physical comfort II adi
by expanding skin and tissues and the system
coming baby Mothers Friend quick and natural
The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1911-04-23

recovery for every woman who
uses it. 1t is for sale at drug
stores. Write for free book
for expcctant mothers. " CEN
THE BRADFIELD, CO., si
n Si,NTEak Atlanta, Ga.
The Lubbock avalanche. (Lubbock, Tex.) 1909-1922, 1911-12-21

gle out the most artistic. As q
technical master of the key.
board Scionti is proncuced to be
without a peer. His delicately
shaded selections from Bee
thoven We're of the rarest
beauty.
The eminent artist displayed
a reserve Of dignity and strength
that was marvellous the Gre
scendos were like distant thun-
der and the diminuendos like
breathing whispers in a vast
cathedral.
The treat Of the artist was a
revelation and equaled ANYTHING
Of the kind that has been given