davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-15
TIE CyTy,S JNEBRIATES.

The Board Of Estimate and Apport>on-
ment will have before II at lts i'iec'iu1
today the report Of Borough Pres'ueh''
McAneny and Cromwell In FAVOR vi ."'
ryiDg out the provisions OF lne III"
passed last year permitting the city TO
enter upon n sensible system for the de-
tention and cure Of inebriates. Inc
Tribune, while this subject was peho''S
before the Legislature. more IMAM o','e
gave the arguments which we're urgeu u!
philanthropic societies Interested III this
problem in behalf of the solution pro-
posed. The present lack of system Is
costly and accomplishes next to nothing
either for the protection or society
against inebriety or for the CORRECTION vi
the individual inebriate.
The druhkard is arrested and perhaps
either discharged with warning De-
cause the magistrate feels that there IS
ne fit place for his confinement or locked
up for few days. In either case his
offence is certain soon to he repeated,
with similar result Drunkards keep
the police busy, when the police might
better he protecting lives and prop
erty. and clog the magistrates courts.
Ilabitual drunkards are. moreover.
burden upon the public hospitals. The
cost Of the present lack of system is
enormous.
The Board Of Estimates committee
finds that the establishment of Board
of Inebrlety. with probation officers. a
hospital for the care Of drunkards and
an Industrial colony for their detention
would probably save the city money. II
is easy to indulge too great hopes re-
garding the possibility of cures, hut the
proposed plan might also save to soci-
city some Of those who now become
wrecks.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-15

another in Yesterdays paper W." erst
lar confidence declared thar wv 10.
flag was made by Mrs. hoso ho.
washingtons personal super''ssr,o-" . hut
tween May % and June Z. 80 rroof
neither offered the faintest h'n' VI I p
of the correctness Of those '','e'e a,',,,S
statements. A dilgent ana pa",, .,.,,o
historian could scarcely occupy DIS .,ue
better than in making more ,,oo,
and thorough search than has ye' w =,
made for facts concerning the nag -,
he succeeded in establishing ,ne .a
origin and earliest use of the H'a's az" =
Stripes. he would perform a service VI
interest and value TO the nation'
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-15
MORE THAN ONE DISsENTER
Dr.. Fox Not Alone in Opposing Dr
Wylie's Paper at Presbytery.

To tho Editor of The Tribune.
Sir: am encouraged by some acts ~
personal Kindness on your part to believe
that YOU will allow me TO correct the un-
favorab bio impression made by the article
in Tuesdays issue concerning the meeting
~ the Presbvterv on Monday. As the old
est member OF the Presbvtery and also the
oldest alumnus Of Union Seminary and an
intimate friend of Dr. Fox. am naturally
concerned for whatever may affect the
reputation or influence Of either.
1t is not correct 10 say that the Bible
Society's secretary was alone in dissent
ing" I sat by his side and voted with him,
as did several others whose voices were
not heard in the confusion. also author
lied the stated clerk the next day TO add
my signature. with theirs. to the document.
There has all along been a persistent
effort TO minimize before the public the
number of those who have opposed the ma
FORTY in the issues growing out of the
licensing or ordan.ng OF students from the
seminary. es though there were only half
a dozen cranks, or, as ore correspondent
expressed H. "Drs. Fox and Elliot were
lonely In their chronic protestings.'
At A private meeting a year ago. called
and presided over by the pastor OF one OF
our strong churches 10 prepare for action
before the Synod, there were thrty-hve
present. all Of whom were in full sym
patty with the movement both ministers
and elders. II IS we'll known that the Fifth
Avenue Church, Of which Or. Jowett IS
now pastor. has always stood firmly upon
the conservative or orthodox" side
In making these statements my brethren
Will. trust. understand that I am far
from undertaking. any efforts toward a
genuine harmony and unity between Chris
tian believers in our Presbytery and semi
nary and throughout the Church general,
al home and abroad n. 3. ELLIOT.
New York, June H. 1911
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-15
The CABIN Ell.

IRON TIC Tribune Bursau.J
Washington. June 14.-Among the Cabinet
members wives who will he present with
their husbands at the silver wedding ami
versary of the President and Mrs Tart
at the White House on Monday are Mrs.
Knox, Mrs MacVeagh and Mrs Stimson,
who arc already in town and Mrs. Wick
ersham, wife OF the Attorney General, who
will come here for the affair.
The Secretary Of Commerce and Labor
will deliver the commencement address at
Brown. University, Providence, on June Il.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-15

clared That there was mo pure drinking
water In Canada" DR.. Starkey said lie
d'h not believe there was lake or river IN
canada that was not I'm some way con-
taminated and that none should be used
as drinking water without filtration Inc
cause OF this state Of affairs, he adne"'
was the great increase In population OF 'ne
Dominion In the last few years.
Been busy today" she asked s~eetly'
Very busy. my dear" he replied
TOO busy 10 hang around score
board was her next question ~
We'll" he answered slowly. NOT MI
that busy.'-Detroit Free Press.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-15
NEW YORK SOCIETY.

St Georges Church. Stuyvesant souars
will Iva the scene to-day OF tho weddlnc .,
Miss Ruth Ashmorc. only daughter 10 A..
Townsend Ashmore' to Henry vsrnum
Poor, eldest son of Mr. and Mrs. Henry
". Poor. Miss Elizabeth and Miss Nin,
Dslaheld. Miss Gladys Endicott. Miss Mn.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-15
PEOPLE and Social Incident,

dred G. Townsend. Miss Pamela Poor NJ.
Louise Jackson. Miss May Terry s,a "a.
Susan Ellis will be the bridal a,ts,s.S
The ushers will be Guy Farrax ca
William Wickham Hoffman. ph,rn
Brckhead. Roger Poor. Grenv,r. ~"
and Henry T. Ashmore. while Ben,sr,"s
Blake. of Boston. will he the hes,
After the ceremony a reception No.,
given by Mr.. and Mrs. James p ~
their house, in Lexington avenu.
Another wedding OF to-day ia ~.
Austen Townsend sackett 10 M,., y,
Good, daughter Of Mrs. John co.1
Brooklyn. The ceremony will tax. n,.
AT Delmonicos. Mrs. Arthur Mai,l.s.N
will be the brides only attendan,
Stewart Waller will be tho best man
Mrs John J.. Riker and DR.. s..
Clark. whose engagement was annovr...
Yesterday. will be married on Jun. y =
at. Bartholomew Church. Tn. cer.r,,'
Will be followed by a reception a, M.
monico's. Mrs. Riker is a daush,., a.
and Mrs. Charles ID. Leverich, O, co,.N'
Long Island.
Mr.. and Mrs Walter s. Gurn.. VIII
to Bar Harbor ct the end OF the rnor,s ~
the season.
I Mr.. and Mrs. Frederick p. Jenninz,A...
opened their country place, at North p p.
nlngton. VT.
Mr.. and Mrs. Francis r. r. Ian. ar.x
and Mrs. w. a. Rembert Hall Will .,r
| the Olympic on next Wednesday w.et =.
five months tour in Europe.
Mrs. John II. Mccullough T. bootu 4.
sai for Europe to-day to spend N. 49,,
mer abroad.
Mr. and Mrs. John n. Pockefeils- a..
Miss Spellman will leave Tarrytovn. Nv
to-day and go 10 their place at C,av.I,,s
| Mr. and Mrs. Oren Root are rec.,v,,.
congratulations on the birth Of a son =,
Tuesday at their house in West 9Th s,-,.,
Mrs. Root was Miss Ada dc Acosta. s..
is a daughter OF Mrs. Ricardo DE- Acosta
Announcement IS made Of the enr,,..
ment of Miss Marion Rutgers Dougsv
daughter OF the late William Howard
Doughty. OF Troy. \. y, and William,.
town. Mass to William leonard Niool. a.
this city. Mr. Nicoll is a son ~ the lat.
DR.. Henry Denton Nicoll and Is msrnbe,
OF the class Of II Of Princeton.
Mr. and Mrs. Robert p. Roosevelt hsr.
arrived at Sayvile Long Island, from
We shlngton and are occupying The Nlaca
| their country place there.
Mr. and Mrs. William r. Wilcox have
taken the Hopkins place. at Stamford,
| Conn. for the summer.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-15
Netp:11ork Iribm,le.
THURSDAY, JUNE Is, 1911.

This ne,cspdper Is otcned and pub
lished by The Tribune Association, q
Ne,o York corporation; office and prin'
cipal place Of business. Tribune Bud
ING, No. ia Nassau street. NcW YORK
ogden Mills, president; ogden NJ. Re'd'
secretary; james IL. Barrett. treasurer
The address Of the officers is the ONCE
of this newspaper.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-15
CUSSEDNESs AND A FACT

FROM Ihe Binghamton Republican.
A,plust all this shouting about the GEN
elal cusaedness ~ everything IL is good 10
,N s.port5 from the Panama Canal to
o,,,r,ar, .nat mat great work IS three
1918 WI oe cohIls'eu III
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-15

The Persian National Council has
made an American hnancier treasurer
general Of that empire. with direct Of
fective control Of all tho fiscal opera
tons OF tho government. Let us hope
that no prudent souls in this country
will lie awake nights worrying over the
entanglements and complications and
embarrassments which they imagine are
thus being brought upon the United
States Of America.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-15

IF Mayor Gavnor can forgive that mo-
torman I'm Brooklyn who ran his car by
without stopping at his honor's signal.
perhaps he may bring himself to vote
for the subway report
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-15

Mr.. and Mrs. Oren Root are rec.Iv,,
congratulations on the birth Of son A.,
Tuesday at their house in West 9Th s,r,.,
Mrs. Root was Miss Ada dc Acosta. g..
is a daughter or Mrs. Ricardo de- Acosta
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-15

4 drawn game is the result OF the
first attempt. at Bayonne, to establish
commission government in n New Jer-
soy city. With about two-thirds of
normal vote cast, the numbers for and
against were practically equal. Either
they were exactly tied or there was a
majority Of one or two against the
change. But there are several other
cities which arc about to vote on the
question in which the results may he
more decisive
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-15

Imperial citizenship throughout the
British Empire such as is proposed by
the imperial conference. would be logi-
would he another step toward that gem
eral uniflcation OF imperial principles
and practice against which the British
government is understood to he reso-
lutely set
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-15

Murphy does not seem TO like direct
primaries either, for his caucus would
have nothing 10 do with them.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-15

The Hon. Aaron J. Levy ia still ada
mant against the principle Of n federal
income tax. but he is going 10 show his
political versatility by voting for fed
eral income tax amendment.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-15

Mr.. and Mrs. Robert p. Roosevelt hsr.
arrived at Sayville. Long Island, from
We shngton and are occupying The Nlacs
their country place there.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-15

Mr.. and Mrs.. John u. Pockefe,rs,
Miss spellman will leave Tarrytovn. W
to-day and go TO their place at CLEVELAND
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-15

Mr.. and Mrs. William r. Wilcox hav.
taken the Hopkins place. ct Stamford
Conn, for the summer.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-15

Mr. and Mrs. Francis r. T. Ian. srhx
and Mrs. w. A. Rembert Hall wi, ,,n
the Olympic on next Wednesday w.ek =.
five months tour in Europe.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-15

Mrs John II. Mccullough f. boot.1
sail for Europe to-day to spend III. ,,n'
mer abroad
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-15

Mr.. and Mrs. Walter s. Gurne. VIII -
to Bar Harbor at the end OF the month =.
the season.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-06-15

I Mr.. and Mrs. Frederick p. Jenninz,h.
opened their country place. at North ~
nlngton. VT.
The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1911-11-04
Appeal Is Dismissed.

Judge Barnett received word from
the supreme court at indianapolis this
morning to the effect that the appeal
hled by Hammond lawyers had been
dismissed in the case of Lewis VS.. Nell
son.
Judge Barnett has spent considerable
time on this case and was anxious that
the appeal would be dismissed. The
Indianapolis Star states:
2ls43. Lewis vs.. Nelson. Lake s. c.
Appeal dismissed. Monks, ]. % Where
an appeal is taken from an interlocu-
tory order appointing a receiver with
out notice, the appeal will be dismiss
ed where the appeal Is not perfected
by hling the record in the supreme
court within the ten days allowed by
statute after notice is given appellant
OF the appointment. CD The question
of whether the time runs from the ap-
pointment or from the notice Is not de.
cided.
The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1911-11-04
THRA|LKILL CASE
FORCED To- ISSUE
Continued Again Today, But
It Will Be Tried Next
Wednesday.

For the second time the Thrailkilf
case in Judge Barnett's court was con-
tinued this morning. Trial was set for
Wednesday Attorney Granger, who is
defending Thraillzili. says all he wants
Is fair play for his client and hence
Is fighting the alleged com animation. The
defense insists that If Thraiikill is
found guilty of violating a city or
nance. no person in Hammond can in
stall or repair any plumbing fixtures
i'm their homes. Attorney Granger de-
MES that the unions are concerned in
the AFFAIR at ALL and he is In no way
opposed TO the plumbers local.
Personal liberty of citizens to buy
and hire in accordance with their own
resources and Judgment is a point of
port of this argument he said: From
the lowest available estimate a bath
outfit purchased from a local dealer
would cost SIS or more. Independent
firms in Chicago have and are con-
tinuing to sell a complete outfit for
less than half that exorbitant fig
ure.s Their prices vary from $40 to $40.
but if a Hammond resident We're to
purchase one of these he would not be
able to hire a plumber to install it and
make connections. and in case he at
tempted to do himself he would be
very liable to be arrested as Thrail-
kill or Shradder, or any Of the others
who are victims of this.
George ThraiIkiIl was arrested for
holding into positions sink which his
The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1911-11-04
SETTLEMENT IDEA IS
MET WITH FAVOR

lions she will exercise a mild super
vision over them to the end that they
may become more efficient and more
she will do her best to raise the moral
tone of the girls who are sometimes
contaminated by a few wild and in
corrigible girls with whom they are
thrown in contact
Both ma, boys and girls will be
given opportunities for self education
and Improvement. There will be
night schools i'll which reading, writ
ing sewing, domestic science music,
dancing dramatic art and kindred sub
jects will be taught.
Then there will be a philanthropic
department in which cases of property
and distress will be handled 1t is even
proposed to have a day nursery in
which poor mothers can leave their
children while they are working out
during the day.
There will be lecture course pro-
vided by means of which 1t is proposed
to entertain and instruct the friends
of the settlement. 1t is thought that
the new settlement will have a great in
fluence on the people who could not be
reached in any other manner.
The settlement house will be opened
Monday, and Miss Brooks says that il
there are any people in Hammond who
have discarded pieces of furniture that
they can spare she hopes they will drop
her card and she will have a wagon
come around and call for them.
The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1911-11-04
SAL AMANDERS
|MPER|LED LIFE
David Frazee of Clinton ST.
Found in Critical
Condition.

David Ffrozee, 81 Clinton street, en-
ployed as n night watchman at the
new Polish Catholic church at East
Chicago was overcome by escaping gas
from number of salamanders last
might and was found in a semi consci-
Gus condition by working when they
came into the building this morning.
F'rozee was removed to the residence
of Father Bodnik OF East Chicago
where DIR. Bickneli was summoned and
worked over the man for nearly two
hours. He was removed to his home
at 81 Russell street where he is report
ed getting along nicely 1t is thought
that il the workmen had arrived little
later medicine aid would not have
brought him to life.
Hard coal is used in the salamanders
and were kept lighted to keep the
plaster dry. The gas formed in the
sheet iron stove and while Frozee
dropped asleep he was overcome by the
escaping gas.
The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1911-11-04

Miss Virginia Brooks has received
number of donations of furniture for
the new settlement house which she
in the vicinity of Rimbach avenue.
The Diehos Coal Co. donated ton of
coal, Emil Minas onated stove and
there have been a number of minor
contributions to the cause.
Miss Brooks feels yer ymuch encour-
aged over the success she has had I'm
interesting the people of Hammond in
her venture and she appreciates their
solicitude for the success of the move
ment she has inaugurated.
Miss Brooks proposes to have varied
lot OF activities in her new settlement
center which will do great deal to-
proving the people of both West Ham
mond and Hammond WHO are in need of
the advantages that this Institution
will offer.
The end in view to raise the whole
moral tone of the community and she
believes that it Will be a success with
what is already promised her in the
way of support.
For instance. Miss Brooks Will or
game an employment agency in West
Hammond, In which it will cooperate
pioyment to those who are deserving.
She Will pay particular attention TO
the work of providing the manufactur-
ers of this locality with girls. and aft
er she has placed them in good posi-
The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1911-11-04
NOW THE
MUMPS
HITS TEAM

Offsetting the advantage gained in
the reinstatement of Artie Hess into
the Hammond high school eleven by
means of examinations conducted last
week, a disease known as the humps
today interfered with the newly-organ-
lie squad by claiming as it's victims
Hudson and Swanton, two seasoned line
men.
Leaving for Rensselaer, on the 1913
Monon, the eligibles and uninjured were
being drilled in the plays of the de-
moralized machine by Coach Owen and
Captain Harry Taylor Victory in the
game against the high school team of
the city In which they are this after
noon will depend upon the ability of
the local crow dto overcome obstacles
on SHORT ntice Rensselaer, is fast and
we'll trained and utweighs the purple
and white.
Around the center. johnson, Stewart
and Mowry VIII be the protecting
guards. with Phillips and Sparkling to
support them as tackles. Hirsch and
Jones are ends. In the backfeld ev-
erything revolves around Taylor, the
sta at full. VanGiider Smith and
Crumpacker are his able associates in
the formations and plays.
The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1911-11-04
TN THE
8 JPE RIOR nnIIDTQ
and CIRCUIT UUUluIO

Is TO "a inclusive, "A block H.
fourth addition to Indiana Harbor.
S0i1. Fred J. Smith VS.. Harbor Build
ing Co ct al. Plaintiff dismisses as
TO lots !, 4, ;, Z, II. block 1, resub-
division 27-7ft 2s-12ft. 29-1eft. so,
block 4 lots l, ?, 5, Ne. 4, S. %. 4.
10. II, left ~. 1T 10, MA, IA, S 20.
16, NJ II, Is to % inclusive, block
s. lots l to 20 inclusive. block 10.
and lots % to "A inclusive. block
II. fourth addition TO Indiana Har-
Dor.
S046. Fred J. Smith VS. Vincent NAL
Zinski ct al Plaintiff dismisses as
to Teofil BIlski and lot s. block IA,
second addition to Indiana Harbor,
also dismisses as to lot %. block 3,
first addition to Indiana Harbor.
1895. Ingwald Moe VS. John H. Nc
Clay. Plaintiff files second amend
ed complaint. Court overrules mo-
tion for temporary injunction and
PLAINTIFF excerpts.
The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1911-11-04
TQLLESToN

Mrs H Miller and daughter, Miss
Ella, We're visiting friends in Chicago
yesterday
Paul Miller Of Michigan City. Mich.
transacted business here yesterday.
s Galaberg was a Hammond visitor
today
Mrs Lee Crew will entertain several
friends from South Chicago at her home
over Sunday.
Mrs F. Green was a Chicago visitor
yesterday.
S B. Stubbins. who'has been visiting
with his daughter, Mrs. J. @. James.
on Fourth street. for several weeks
returned 10 his home in Chicago today.
A number of ToIleston's young folks
spent last evening at the skating rink
in East Chicago.
Miss Lille Voss entertained the c. A.
Embroidery club at her home on Sec
ond street Friday evening.
Mrs J. L Winters, on Martha street
entertained the 500 club at her home
Thursday afternoon.
Mrs j. Raasch, on First street. aged
SIS years, passed away late Thursday
afternoon after an illness of severa
The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1911-11-04

months. The deceased was one of Toll
leston's pioneer residents. She leaves
two sons and two daughters to mourn
her death. The funeral took place at
the St Johns German Lutheran church
this afternoon, interment being at the
Tolleston cemetery
visitor at South Bend yesterday.
Rev. Edgar Green was business
Mrs. J. d. Gorden and children are
spending the day in Chicago.
II. Void was Chicago visitor today.
NJ. j. McGrew of Chicago will be the
guest of friends here over Sunday.
Mrs. H. f. Frazier has returned to
her home in windsor Park after spend
ing a few days as the guest of Mr.. and
Mrs. Otto Bormann. on Bormann boule
ward, are the proud parents Of a baby
boy. born yesterday.
f. w Hood of Michigan City. Mich.
was Tolleston visitor today.
Mrs. H. A. Tucker and daughter. Miss
Marjorie, have returned from a few
days visit with friends in Logansport
Miss Kathryn Slocum was spending
few days with her parents, Mr.. and
Mrs j. II. Slocum, at Highlands, Ind.
J. McNaughton has returned from a
two weeks trip at Vermont.
Mr.. and Mrs. Jacob Papka were Chi
cago visitors yesterday.
J.. yanderwicken of Chicago trans
acted business here today.
J. Roots and son formerly staying
at the Mckee hotel, left yesterday for
the south, where they will spend the
winter
Mrs 7. Norris visited with friends in
Chicago today
The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1911-11-04

friend, wilbur Prevo, was putting into
place in his kitchen. Thrailkin had I'M
ostentiously dropped into his next door
neighbours home on an afternoon IN
September to borrow some tobacco or
talk politics or play casino or some
such. Prevo as matter, of course
asked him to assist in the work of ad-
justing and connecting a sink whose
position in the room he was changing.
Thraillxill states that he did absolute
" no work other than that of support
ing the weight of the sink and hold
ing wrenches.
AS large per cent of Hammond
householders are guilty of this heinious
offense Granger's claim as the public 5
champion is not so ambiguous as might
be ina gined.
The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1911-11-04
HOT AFTER J. MORRIS.

Two more cases were filed in Judge
Priests court yesterday afternoon
against Joseph o. Morris. representing
the Hammond Gary Realty company,
116 Sibley street, and will come up for
trial before Judge Prest Tuesday morn
ing, Nov. Z.
A suit was fled by NJ. A. Dickover
in Judge Prests court about two
weeks ago 10 recover $75 for work done
al the office of the Hammond Gary
Realty Co. The trial was set for Oct.
81 and Morris failed to appear at trial
and the court then placed a levy on
the office fixtures and automobile and
closed the firms doors.
Yesterday afternoon John Sehmues-
ser. complaining witness in the second
case, appeared before Judge Prest and