davidaulloa/AmericanStories huggingface dataset:
The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-03-31

This he had foreseen all along. The
tarpaulln would Yield them some degree
OF uneasy protect ton. and they both were
In perfect physical condition, But IL
Iris were wounded! II the extra strain
Drought fever In Its wake! That way
ne saw nothing but blank despair. TO BE-
ended. for her, by delirium and msrciful
death. for him by q Berserk rush
among the pyaks, and one last mad
tight against overwhelming numbers.
Then the girls voice reached him. self
reliant, almost cheerful
you will be glad to hear that the
cut has stopped bleeding II II only a
scratch"
So kindly Providence had spared
them yet a little while. The cloud
passed from his mind. the gathering
mist from his eyes In that instant no
thought he detected a slight rustling
among the trees where the cli6 shelved
up from the house.
when her welcome assurance recalled
his scattered senses. no stepped back
to speak To her. and In the same In
slant a couple OF bullets crashed against
tue rock overhead. Iris had unwtttinOly
saved him from . serious. perhaps
fatal. wound.
tie sprang 10 the extreme right OF the
ledge and boldly looked into the trees
beneath. Two DyAs we're there. be-
The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-03-31
Marriage Customs in
Many Countries
lu-Among the
Spanish.
By Madison G. Peters


b. rhs ss~s Evening wWsO
10 the
MI umio apendng Ana the
family
and
morality the Spanish women
4 g. for tho Church.
And her future
interested
will
a 9 attention
follows when she for walk and he spends
behind
family
10 a from balcony
=
liable
O
recession walking slowly oush the streets And the bridegroom
a a
undas snAnila CO. -
Xner
Following belief
. :" small
Wedding
Christian
makers glad to little friendly help
The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-03-31

Of their number. jerks dropped the
empty weapon ana seized another. He
stood up now and sent Q quick reminder
after the rearmost pirate.
The others had disappeared toward
the locality where thslr leader and his
diminished troop were gathered. not
daring to again come within range OF
the whistlinx Dunn -dums. The sailor.
holding his rife as though pheasant
shooting, bent forward ami sought .
belatsd opponent. but In vain. In mill
tary phrase. the terrain wAs clear Of
the enemy. There was. no sound save
the wailing Of birds. the soft sough Of
the sea. and the yelling of the three
wounded men In tho house. who knew
not what terrors threatened. and vainiy
bawled for succor.
Again Janks could look at Iris. Her
face was bleeding. The sight mad
dened him.
MY God" he groaned. are you
wounded?'
She smiled bravely at him.
1T In nothing" she said. "A mere
splash from the rock which cut my
forehead"
lie dared not go to her. lie could
only hope that Il was no worse. 40 he
turned 20 examine the valley once more
for vestiGs OF a living foe.
The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-03-31


One day while Visiting the classroom
In . smasl diStrict school. ] heard the
teacher telling me pupils stories about
various kinds Of animals and their use.
fulness to mankind. In illustrating. che
said: I'VE get our shoes from the akin
Of the COW. Hair COMBS and other ivory
articles are made from che tushs Of the
slephant." Then sssing lssbsl. aged
ave. looking thoughtful me askeH: 'tha
you tel me. Isabs,. what anaosA ~,
your mother Get hsr w9olisa olothes
from7" Instantly Isabel replied: "Yss.
wss'aw. ~ father" LOUIS LEVIN.
zee Roebains st.. Brooklyn.
Frankie was six years old ana on his
Arst trip to New York A. his mother.
who was bringing him to New York.
was crossing West street. Frankie sud.
deniy shovtsd:
"Lssk Nsi Leski They've GOT horees
pulling trolley csvs N Nsss Yevk~
MRS. J. 8. LEES,
23o Olenmors avenue. Brooklyn. N. Y.
Little Jimmy was out walking with
his aurss when he passed . house where
the men we're carrying out . casket.
lie asked hts nurse what was In the
boz. and she told him that M. Browns
body was In IT, That night whom Jimmy
went 10 bed ne "a not ssy his prayers.
The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-03-31
CHAPTER XI.
The Ft0ht.

he crucial moment had ar
rived. jerks pressed the
trigger. and the Dyals hurtlsd
through the air, falling head
long ou, Of sight.
The sound OF this. the hrst shot OF
real warfare. awoke Rainbow Island
into tremendous activity. The winged
life Of the place filled the air with
rsucous cries. whilst shouting Dyaks
scurried In all directions. Several came
into the valley. Those nearest the fallen
man picked him up and carried him to
the we'll. He WAS quite dead. and. al
though amidst his other injuries they
soon found the bullet wound. they EVIL
IDENTIFY did not know whence the shot
came. for those to whom he shouted
had no mixing Of his motive. and tho
slight haze from the rifle was Instantly
swept away by the breeze.
Iris could hear the turmoil beneath.
and she TREMENDOUSLY asked:
Are they going TO attack usf"
mot yet" was the rssssuring answer.
IT killed the fellow who saw W before
he could tell the Others"
1t was a bold risk. and he had taken
Il. though. now the Dyaka knew for
certain their prey had not escaped, there
was no, prospect Of their speedy depar-
ture. Nevertheless, the position was
not utterly hopeless, None of the enemy
could tell how or by whom their COM
panion had been shot. Many among the
excited horde jabberinS beneath actually
hooked at the cliff over and over again.
yet failed to note the potentialitiss ~
the ledge. VITA its few tufes q Grsss
The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-03-31

growing where seeds had apparently
been blown by the wind or dropped by
passing birds.
jerks understood, Of course, that the
real danger would arise when they Wis.,
tied the scene OF their comrades dis
aster. Even then the wavering bal
ance Of chance might cast the issue in
his favor. He could only wait. with
ready rife. with the light Of battle
lowering In his eyes OF one thing at
least he was certain--before they con-
quersd him he would levy a terrible
toll.
He glanced back at Iris. Her face
was pale beneath its mask OF sun
brown. She was bent over her Bible.
ard jerks did not know that she was
reading tho Ninety-first Psalm. Her
lips murmured--
~ tctH say unto the Lord. He Is my
refuge and my fortress; my God. in
Him utH ! trust."
The chief was listening intently to
the story Of the Dyak who saw the
dead man totter and fall. He gave
some quick order. Followed by a score
Or more OF his men he walked rapidly
to the foot OF the cliff. where they
found the lifeless body.
And Iris read
Thou shalt not DO afraid for the
terror bv night; nor for the arrow
that hteth BY day."
jerks stole ono mora hasty glance
at her. The chief and the greater
number Of his followers were out OF
sight behind the rocks. Some OF them
must now be climbing to that fatal
ledge. Was this the end?
Yet the girl. unconscious Of the doom
impending. kept her eyes steadfasty
dxed on the book.
For He shah give His angels
charge over thee. to Keep thee in all
thy rays.
"They shall bear thee up In their
hands, lest thou dash thy foot dgdins
q stone.
HE shall call upon me, and I ,1iIl
dnsUer him: ! WHI be nth him in
trouble: ciH deliver him and
honor HIM"
Iris did not apply the cons0hng words
to herself. She closed the book and
bent forward suhacientiy In her shelter
Ing niche to permit her TO gaze with
wistftn tenderness upon the man whom
she hoped to see delivered and honored.
She knew he would dare all for her
sake. She could only pray and hope.
After reading those inspired verses she
placed implicit trust In the promise
msds.
FOR He was good: Ilas WAS tho mercy
that "Sudursth forever" Enemies en-
eomoaassA them with words Of hatred
The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-03-31

fought against them without q cause
but there war One who should Judge
among the heathen'' and "hli the places
with dead bodies"
suddenly clamor ~ discordant yells
fell upon her ears. Jenke rose TO his
knees. The DyAks had discovered their
refuge and were about to open IRE. Hs
offered them a target lest perchance
Iris were not thoroughly screened.
Keep close" he said. They have
found u.s. Lead will be nyiny around
soon"
She Hinched back into the crevice; the
sailor Tell prone. -Four bullets spst into
the ledge. Of which three pierced the
tarpaulin and one nattened itsolf
AGAINST tho rock.
Then jerks took up the tale. so Gu
riously constituted was. this man. that
although he ruthlessly shot the savage
who first spied out their retreat. he was
swayed only by the dlctztes OF stern
necessity. There was q feeble chance
that further bloOdshed might be
averted. That chance had passed. Very
we'll The enemy must start tho dread
Nui game about to be played. They had
thrown the gaze and no answered. them.
-Four times did the Lee-MetfOrd carry
death. unseen. almost unfelt. across the
valley.
Ere the fourth Dyak collapsed Imply
where he stood. others were there. firing
at the little pun OF smoke above ths
grass. They not In a few shots. most
OF which sprayed at various angles on
the face of tho cliff. but they waited
for no more. When the lever OF the
Lee-Maford VIVA showed hane for the
NTH time the opposing crest was bare
Of all opponents save two. and they
lay motionless.
The fate Of the nanleipg dstach ment
was either unperceivel or unheeded by
the Dyaks len In the vicinity u the
house and we'll. Astounded by the hrtng
that burst forth In mid-<air. jerks had
cleared the dangerous rock before they
realized Dat here, above their heads.
were the white man and the maid whom
they sought.
with stupid zeal they tlaEsh away
furiously. only succeeding In shower
ing fraSments Of spiintsrsd st0ns into
the Eagde's Nest. And the sailor smilef.
lie quietly picked w an old coat. rolled
" into q hall and pushed II into sight
amfdst the grass. Then ne squirnsd
round on his wtOmach and took up a
position ten feet away. Of course.
those who stiii carried loaded guns dts
CHARGED them az the bundle Of rags.
whereupou jerks thrust his rife beyond
the edge Of the rock aifd leaned over.
Three Dyaks fell before the remainder
made up their minds to run. Once con-
WINGED. however. that running was GOOD
for ther health. they moved with much
CELEBRITY. The remaining cartridges In
tho nag (ns slsOksned the pace Of two
The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-03-31

lated wanderers cut OF from the main
body. They divsd headlong into the un-
dergrowth for safety. but one OF them
was too late. The Lse40fetford reached
him. and its rsvsrbsrating csaeussien.
tossed back and forth by the schoing
rocks. drowned HE parting scream.
In the plenitude of restored vieor the
sailor waited for no counter dslnenstra.
tion. He turned and croucean0iy A.
preached the southern enc % hAs pAra-
pet. Through his screen q Ssass he
could discern the long BLACK hair and
yellow face OF . man VINO iay on the
sand and twisted his heed aNouad the
base OF the furthsr cii6. TIE distance,
oft measured. was ninety yards. the
tarSst practically . sss-lunh ou1rs-eys.
Jenks took careful aim. AIRED. and .
whAn Of sand new W.
Perhaps he he'd used too dns Q sight
and pi0ushsd . furrow beneath the
Dyak's ear. He only heard faint yell.
but the entsrprisinG head vanished and
there were no more volunteers for that
particular service.
He was stiii pssr.ns ct the phase when
. cry Of unmitisatsd anguish came
from ISio-
-oh, cou,s sulek! Our vatsri ne
casks have burstr'
Go Be coaaNsds
The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-03-31
Thoughtful.
YOUNG mill hand. having lost

YOUNG mill hand. having los. his sweet
~ heart through his own hot.headed folly.
fint threatened 10 commit suicide. and
then ,scsns vulsariy insistent In his demands for
.th: return Of the presents 10 had given her. SAYS
the Manchester Guardian.
what good will tlicy be TO you u you're goin'
to drown yourself In { mill pond'" she scofied.
'Nets< yUu mind. ! want them back" he
Md sAsssly.
"vsW we'll, III re that you have them" the
girl reluctantly asreed.
But five days passed. and the young man still
bemoaned the loss Of the forfeited trinkets. Once
more he requested their return.
"Oh, lad. ! wish you'd stop woryin' me, a."
sighed the girl. anxious by now for a reconcilia.
, ton. I've given Z presents up long since.
They're waiting for you al 4 bottom o. t mill
rond, tied up in q ned handkerchief; you can't
miAs bu sse em whom you Jump In"
The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-03-31


the form Of food. 10 mys.
tericus indeed are the chemical and
physical processes by which the food We
eat 10 finally transformed Into red
blood. which fluid In turn ssrvss 20
nourish the innsrmost parts OF our bod.
les. that In spite of all the great ad-
vancss In the science Of physiology
these stlll remain secrets 70 be discov.
cred by some future mental giant.
hut the ordinary man need not con.
Germ himself with the abtruse quss-
items Of science. For his practical pur-
poses the important questions are what
shall he eat and how shall he take his
daily meals not only 10 satisfy his ply
steal needs and stiii his hunger hut also
- make them q source OF pleasure and
the handmade Of good heakh and long
NE.
Take the breakfast. for instance.
Should this De n full. large meal or .
light one? Logically one would imaG-
Inc that after the long fast Of the night
. square meal IL In order. This 10 %
for soma individuals. These rise IN the
morning and feel the panEs OF hunger,
Especially II they perform hard. man
ua' labor In the open air or In the shop
or factory. they should have an ample
breakfast.
Most persons. however. have litue ap-
petite In tho morning. These will do
better on very light meal. H. a. 10
the case with many business men and
once workers. the occupation engaged
The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-03-31

sYNoPsIs OF PRECEplNo INsrAI.ME.

sSNOrbAS " P6EC6UiN0 INSTALMESTS.
.Sn h 4 n Is:.. q ! s.%S!r.ss . ~ p.t .;
iEs% e si soa; ;%si: :;.r: ~ ~
e: I s p T: * S:us., az q nv. :;n :S
6 3;1HS: 3. ": sI;a:r s%s. down Is: oni.
nd.d =: man. s n;stSS s,, .sS There; 5sn
! SS%: s'' IL a. @: cave ,: nas
:Sss.ssSa % 4 tS aisc VIII: il Z. ssiiins
:s;stI.. s.psi. Il. xss q u. Ia S:p 9 SSs;plofss
s!Sld, As vTits: |. l:ttsT % ins, sslliss - q
snd so.ie:::. ~ Is,s %; hsr. sSs spp.o:sl:s;
S.. 11s ~ tai '' ns,;o. o. e.; r.. ~, %
q he drowned ssilors. % that the. Dy.ts nav
eisht ne signal gun: set q Anstc,.s.T % oti:
vtich they have Isrpsssd and nIorsioasd lot such
On emergency. The pSaks epposoh., more thss
AZ last one Of them, on . hilltop. stArr- at the
iedse and then shouts something 70 hs CON-
pAut0ns.
The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-03-31

n Co. THE New Y1t E,sslae Wssslj.
and his mother asked him way. He
answered. "Tks Lord WM b teo tssv
v~SscktWo Mr.. BrsWw, esd No Vos't 10
able 10 Iistsw 10 me-"
LEONARD LDNKOwSKY.
~ Pulaski street. Brooklyn, y. z.
My little son wilbur. assA three
ysara was walking last summer With
his grandmother along the bank a the
Connecticut River. when the tids sesmsA
TO b more than ordinarily high. He
called attention to the fact BY saying:
"0ro~dws, tss't tAs wafer fss ts-dsvr'
WILLIAM A. YOUNG.
No. 800 East Ninety fourth serssG Nee
AZ . soeisi sathsstns . little giri !
know rseitsd The ChArGs u the Light
BrsaAA." Nsaehin6 ths line "lnto the
Jaws Of death. into the mouth Of -"
she PAUSED ana ieo1Eing aroSad aAaSl:
Where $500 ted Sscis % % % 1sss
wteAt" yR1D sC1fiPPEL.
No. ass West ysrty-arst street.
"fiavs you lost smother tooth. Dsthss-
daf" asked Auntie. weo noties1 IN I'm
usual lisp. "Yss'm." replied the four
year-oid. "eR1 MwS nov SAsa I tsik."
r. HOLTEN.
liz East Eishty..hird strest. City.
The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-03-31
Form Versus Food.
FAMOUS humoris. says that a

A FAMOUS humorist says that q new rich
~ family In Cleveland. who were begin.
airr 90 put on lot d ais. hired .
colored girl Just arrived from ths Bovth To oct
their serving maid. Her new mistre0 In
sstcd tia. a.! meals should be served In courses.
Even when there wasn't very much to eat It
was brought 10 the table in counss.
At the end Of week the sir threw up her
Job. Being prv-sei for . reason TO- quitting
SO suddenly. she said:
'In tel You. lady. In dis yere house dere .
100 much shi,in' Of do dishes fur de fe~nsas
Of de yittiss. "-Satnrday Evening Post.
The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-03-31
The Days Good Stories

misunderstanding"
Ths speaker was Albert J. Bweidse, q one
time reporter. says the St. Paul Dspstch. He
continues:
Il know a reporter who went to . hovAe the
day after wedding and said 10 the servant who
answered his ring;
Can you lct INC hare some details, please,
Of yesterdays cersmony!'
''Ths servant frownsd.
No. can't she said. They ate every
cr'rnb! And think YOU oush: 20 be ashamed,
IN able bodied young man like you, going
around logging for cold details" "
The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-03-31

nG Co. lThs Nsw Y0k Evsllao WesldI. .
In 10 sedentary. Z heavy breakfast u
absolutely Injurious. Little ap0stits IN
the morning plus ssdsntaEy oooupation
demand . light. well cooked aaa sasily
digested morning meal. A little cereal.
one egg and one cup Of coffee Wili %.
Tho rising hour must In ell cssss -
suf'icisntiy early TO take tlnAs meal In
comfort without rush and hurry.
The MONDAY meal should In ell cases
b iisht. In the majority Of instasces
sumclent time IL not givsn q neon 90
eat end digest . large meal with con-
fort.
The evening meal or dinner should b
the main meal of the day. This should
be ample. wholesome and nutritious and
should he taken In the proper manner
In order to make II = real source Of
pleasure To gain nat sal DO not rush
home from your work - q that was liz
only thing worth wa,,ls. A walk OF .
mile or two at the end a the DAY vlll
DO wonders TO aid the powers Of diges-
<ion. Upon getting homo wash aal lie.
down for aftssn minutss under the eeN.
ditions OF complete rsia1afion. Lss your
muscles and mind relax simultaneously.
After this preliminary rest the diansr
viii Be . pleasure DunnG the neal
leave the troubles Of the day bshinA-
whether thass relate to the falling
prices Of stocks or unpisasaatnsss vita
your employer or with your servant Girl.
Lei this meal As little family banquet.
with good food. cheerful taik and pleas
ant surroundings.
The only one to suasr from the abovs
prescription will be the doctor. and
your meals win be . source Of whole
some living. good heath and long lie
10 YOU.
The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-03-31
Betty Vincent's
Advice to Lovers
The Little Courtesies of Life.

~ IfE young who wants girl to love like
/ him should not neglect the little courteses OF life
1 OF the hero OF romance always the
heroines life turns Off equally brilliant stunt But
In the modern civilized world lfe-savng Is profession
which few of have chance to practise
yet not day without occasions for
Despite her in business the girl
lost her appreciation Of the little
which big a part of the charm social life And
the modern who doors for her picks
her handkerchief will md favor in her quickly
than the youth who Is such hustler that he hasn't
to be polite.
It's Just illogical to introduce business curness into
ones social relations as to try to mix social
, cepting formal Attentions" from
- anybody though she may have boy
The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-03-31


the rocks In front. his trou-
BLEED brain paid pcrfunctory
heed TO his task. The stern
sense OF duty. the ingrained force Of
long years Of military discipline and SOL
dieSly thought, compelled him TO keep
watch and ward over his fortress. but
he could not help aSking himself what
would happen II Iris were seriously
wounded.
There was one enemy moro potent
than these skulkinx Dysks. a Zoe more
Irresistible In his might. more pitilsss
In his strength. whose assaults would
tax TO the utmost their powers OF re.
slstsnca In another hour the sun
would be high In the heavens, pouring
his ardent rays upon them and drying
the blood In their veins.
Hitherto, the active life OF the island.
the shade Of trees. hut or cave. the
power OF unrestricted movement and he
possession OF water In any desired guam
tity, robbed the tropical heat of the lay
of It's chief lerrors. Now all was
changed. Instead Of working amids,
grateful foliage. they were bound to
the brown rock. which soon would glow
with radiated snsrgy and givs on sooFch-
tns gusts like unto the opening ~
furnace door.
The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-03-31
BRIGHT SAYINGS
Of Evenins World Children


- avsaAs Ws'aA s'ss % vssS - Ss O. S ssSaaSs
~ 0A11DoA
=. =. e =. = .s:s e $1,000 - - ssass -
0AY110O 2D380A
ouoganaa -
ss00aa1sa - oa0e - e41DssA
The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-03-31
With once brevity.
Inepeytinence.

tA"S. H." write: A few weeks ago
I1oet a certain young man for the FIRST
me. Now every time he sees me he
|6aiis me such names as Sweetheart and
Honey Is It proper for him to do
this on 20 short an acquaintance?"
IT IL not only improper but imperti-
nent.
"a. A." writes: "Is II proper for a
girl Of nftssn to accept attentions from
N young man who IL in the same high
!&rhool with her and whom she has
Nown all her ufer
z tAipk che - ITO. -xounx to ~ -.
The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-03-31

"a. r." writes: There Is a young
man who has been paying me attention
for some time. although we are too
young 10 think Of marriage. What would
be q suitable birthday present Tor him"
= "A book or Q box q homemade candy.
The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-03-31
A Suitable Present.

~. H." writes: What would be 9
suitable present for . gentleman 10 give
a lady on her graduaaon?"
Flowers.
The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-03-31

IL the wonderful internal pro.
cesses Of life depend en-
t!reiy upon the fuel supplied
TO the human organism In
the form af fand IN ,uv-
The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-03-31

cepting formal Attentions" from
anybody. though she may have boy
friends.
The evening world. [volume] (New York, N.Y.) 1887-1931, 1913-03-31
CHAPTER XII.
A Truce.

OHOUGH his eyes. like live
Goals. Elswered with sulien
fire NJ the strip of sand and
the rocks In front. his trou-
BLEED brain paid perfunctory
heed tn hin fuzk Thu at AZ n
Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-07-01
PASTOR ACCUSES PASTOR
OF THREATS IN COURT
Judge Pugh Confesses to Being in
Delicate Sit
uation.

Judge Pugh declared himself placed in
q rather delicate situation in the Police
Court today, when two ministers, both
colored, testified against each other.
Rev. Simon p. w. Drew of 2O14 Sth
street northwest was the prosecuting wit
ness against Rev. George w. Smith of
2Oo9 18th street northwest, charging that
the latter had threatened him with bodily
harm, and declaring he was in great fear
of these alleged threats being carried out.
After Rev. Drew had testified to the
threats. the accused clergyman. on the
stand in his own defense, denied fatty
that he had ever expressed any intention
of harming Rev. Drew.
Your HONOR the minister on trial
said, Il acted only according to the pre-
cepts for our conduct laid down in the
eighteenth chapter of the book of Mat
thew. The fifteenth verse says, Moreover
If thy brother shall trespass against thee,
go and tell him his fault between thee
and him alone / did this, telling him
that l had heard he was circulating re-
ports that were detrimental to me but
most certainly did not make any threats
against him. and / wouldn't do so under
any circumstances"
After hearing both sides of the ques-
ton. Judge Pugh said. You can readily
see the position in which the court is
placed. The testimony Of one offsets the
testimony of the other. Both of you are
ministers of the Gospel. and therefore Of
equal credibility. Under those circum-
stances ! shall have to dismiss the case"