davidaulloa/AmericanStories huggingface dataset:
Ceredo advance. [volume] (Ceredo, W. Va.) 1885-1939, 1913-12-31

Foreign Minister Cremation Of Paris
has decided to resign to prevent the
fall OF the Bulgarian cabinet, accord.
ing to dispatches from Sofia.
Ceredo advance. [volume] (Ceredo, W. Va.) 1885-1939, 1913-12-31

Henry Clay Hall. former mayor of
Colorado Springs, Colo, was consid-
cred for one of the vacancies on the
Interstate commerce commission at a
conference between President Wilson.
Senator Thomas and Representative
Seldomridge at Washington
Ceredo advance. [volume] (Ceredo, W. Va.) 1885-1939, 1913-12-31

A reprimand for the officers in
volved in the Carabao dinner at Wash
lngton was approved by President Will
son. He took this action on recon-
mendations Of Secretary of War Gar
rison and Secretary of the Navy Dan
lels
The midland journal. (Rising Sun, Md.) 1885-1947, 1913-11-14
HuMoR lsFIGURED BABY

Clarendon, N. NY baby was
broken out with red, thick and
ough-looking humor when about two
months old. 1t would come in patches
and went almost all over her In that
way. The places were like ringworm
ana as they would spread they would
turn red and make sores and Itch.
The trouble went to her face and
disflgured her badly. Her clothes irs
ritated It.
saw the advertisement Of Cuti-
cura Soap and Ointment and got q
sample and in one nights time could
see q change in the redness and In
two days the place would be nearly
gone. j sent and got one TWENTY-FIVE
cent cake OF Cuticura Soap and two
fifty-cent boxes of Cuticura Ointment,
which cured my baby. she was well
In three months" fSignedl Mrs. Ber-
tina Sawyer, Oct. II. 1912.
Cuticura Soap and Ointment sold
throughout the world. Sample Of each
free, with 32-p. Skin Book. Address post
card .sCuticura, Dept. I. Boston. ADV.
The midland journal. (Rising Sun, Md.) 1885-1947, 1913-11-14
HINTS FROM THE HIRED MAN


Occasionally run across a progress
sive sort Of farmer who takes 4 gem
uine interest in the welfare Of the
@hired man. mean an unselfish in
terest. It has come under my notice
that certain farmeg Nm our neighbor-
hood provides reading matter news
papers, magazines and books to sew
eral hired men In the neighborhood.
! have heard him advising them about
saving and investing their money. on
several occasions have known him to
furnish q team for carrying party
Of half dozen to some meeting in
.4he town.
Does this farmer gain or lose in q
money sense by such conduct? /
know for a fact he has no trouble
about keeping good help and he
doesn't pay any more than his neigh
bors either. His men like him and
will hustle little extra whenever the
condition Of the work calls for it.
All men are not alike. In the ma
ture OF things they can't be, but 1t Is
quite possible for every farmer to-
treat those around him with considers
ton and kindness seven his own fam
lily. p. ". B.
The midland journal. (Rising Sun, Md.) 1885-1947, 1913-11-14
MAN AE Was LOOKING FoR|


Mr. UNDERGONE Outlets, proprietor
of the Speedy cafe, was VIGOROUSLY
hard+hearted The most weeping
widow who ever graced q melodrama
couldn't have wept i slice OF stale
bread out Of his restaurant without
the price SO. when pale and timor-
Gus bum approached the desk and
made q faltering appeal. 1t was no
surprise TO the lunch tends to hear q
curt Nothing doing. Beat II. I'm
not beggar." retorted the hungry
man. I'm willing to scrub floors or
wash dishes. I'm Just out Of prison
and nobody will give me work; I'm
starving. The proprietor portrayed
faint interest What were you In
fort. be asked idly. iii tell you the
truth, explained the ex-convict. =
was kind OF q counterfeiter. used
TO take D 500 bin and split it In two
with 9 razor Then. I'd paste the
halves together. so I'd have two CEN
turtles, IL the sucker didn't look on
both sides. It took EN- i've years to
catch me- Mr. Outlets beckoned the
ex-prisoner behind the bar Order:
what you like on the house, he whiss
pered. I've got q steady job for
you. I'll give you thirty week to
slice the ham for my sandwiches. -
Lippincott's.
The midland journal. (Rising Sun, Md.) 1885-1947, 1913-11-14
PROBLEM or WINTER BUTTER

4 80 - = SO a ~ I
(By S. G. MILLER

We nay,nnf home n, make vond lint.
.tar without he nroner ri,, 4 &c
fl,a ores 1, This Il ~ fast IN. most
i,or,orta,,f mart ~ inc worlr Most
IS ,.s,, ,,aorle raay, slTiI,,o;np gYrinp
tba 7antire 'wtalr nnft;np all infos one
n ~, ogta,, n, Il, lasf dav,s ehnrnlng
& 3 sr IN. .iiractiv snto tha ..l,,Irn
ar6 cf so,,Tss ti.ia S. has ,,,,t rinaned at
81,
''7, This man yves cream 81 AZ diff.
s....,ss 81 ,.;,,sn;,,s ~
mast ;,s,nossible n al 81. good bntter
s from vaer.nld cvaa = I . IS
= l,,, ,,,ins s1,o, !, az, "a ,ona u least
twi lee, : s.s', waelr Aftar ma cream Il
tarsr ~ 4 sto,,ld ~ rent i low
..-r or,ratnra i, sssaco,,rag tha growfl,
= hactar;a rn4il aho,,t twelve honrs
hafo "a chTrning' uhan tha starter
sho,,l5 ~ do. Sa,s,3' II r;,,an Il ana Inc
famneratnra rassad Fl AZ degrees q
: Iiat1a eua,.
2 r sumray .burning can Il dona Il
e. s. dasraas hui Il winta,. tbs tpnner-
sf,,re shc,,,a ~ sror, - = ~ aigl,t a..
s,r,,s s,;sse, r. ehrrnad s. y,,gra
fhar ss gagraas ! GOOD daal ~ tha
c e.,r nav e ;5corro,afad ana t,ia
svsrs r,aIrs I,,,tta,. Is !, $1,000. s,avcr
The midland journal. (Rising Sun, Md.) 1885-1947, 1913-11-14
Motor Farm Wagon Does Service In
Many Ways.

feeding value as 100-ton silo would
have to have storage capacity of
600 tons. Figure this out and see
which would be the cheapest.
There are many kinds OF silo and
made Of different materials. Com
crete. cement, brick. tile and several
styles Of wooden silo. The wood siio
Is cheapest OF course. but it 10 not so
durable as the concrete or tile.
The different styles range from So
to S. per ton capacity for the con-
crete and tile silo, while the wooden
sfave silo viii cost from 50 to IS per
ton capacity
The midland journal. (Rising Sun, Md.) 1885-1947, 1913-11-14
Where He Was Lucky.

Two Little Rock negroes engaged in
q quarrel, when one struck the other
on the head with wagon spoke. The
negro that had received the blow
rubbed his head for d moment and
then said:
Look we're. Stephen. dar's one thing
dat Is er powerful hlessin' fur you"
Whnt,s dat!''
DE fact dat my haid is ex thick ez
it is. wy. ef my haid want no thick.
er den de common run o. haids. dat
lick would er killed me. an den you
would er been tuck befo en- jestice O.
de peace an fined mighty nigh sac
You'd better thank de Isawd dat I Amt
got one desc we're aig shell haids.s
The midland journal. (Rising Sun, Md.) 1885-1947, 1913-11-14
Mrs. Meektonss Position.

"Supposing,s said Mr.. Meekton. that
you were voter.
s'Well?" rejoined his wife.
And suppose were q candidate"
gu want to know whether would
vote for you r
That was the question had In
MIND.
Yes, Leonidas; should vote for
you. But II caught any other WON
en- voting for you should consider
their action very forward and imperti-
nenti Washington Star.
The midland journal. (Rising Sun, Md.) 1885-1947, 1913-11-14
A Woman Is as Old
as She looks

But her beauty once gone is not lost for
ever. Science has come to her relief, and
she can now smooth back the wrinkles
and crows feet, bring back the bloom Of
youth to the faded, sallow checks, and
clear that muddy, notified complexion.
Here is the wonderful secret. Purchase
from your druggist two ounces of Casoster-
inc and add to four ounces Of water, this viii
make a massage cream which should be
used each night, also purchase two ounces
of Borosterine and add to eight ounces
Of water, this will make greaseless cream,
which should be used directly after the
massage. These preparations need not be
confined to the treatment of wrinkles
alone, their use as cleanser is unsuE~
passed, they will preserve a healthy COM
plexion, preventing or curing all black
heads, and pimples. If your druggist ID
unable to supply you, send one dollar di-
rect to the Cootes Laboratories, Norfolk
Va, and receive these products by return mail
en0SaS ahNFas0rjas. MNYfNsk. Va.
The midland journal. (Rising Sun, Md.) 1885-1947, 1913-11-14
Survival OF the Eittest.

Employer Yes, / advertised for a
strong boy. Do you think you can fill
the bill?
Applicant Well, I just finished lick
in fourteen other felIers that were
waitin' out In de hall. Boston Even
ing Transcript.
The midland journal. (Rising Sun, Md.) 1885-1947, 1913-11-14
N.olt; Y,et ]

Do you not propose to marry r
asked Miss Filters Of young Mr.. Balm.
bridge
We'll, haven't proposed yet, re-
piled he, in a tone which forbade q
further prosecution of inquiries.
Puck.
The midland journal. (Rising Sun, Md.) 1885-1947, 1913-11-14

Exports of champagne from France
average from s2,OOo.0OO bottles an
nuaIly.
The midland journal. (Rising Sun, Md.) 1885-1947, 1913-11-14
Not Eli. Rnt Elttina.

she must dress in all the latest
styles"
What makes you think so?
Il Just overheard her telling q
friend that she hadn't a thing fit TO-
wear. Z Detroit Free Press.
The midland journal. (Rising Sun, Md.) 1885-1947, 1913-11-14
plslIIuslon,n,ent.

The New Bride (absent-mindedly)
Happy. dearest. It's the happiest
honeymoon rye ever spent! London
Opinion.
The midland journal. (Rising Sun, Md.) 1885-1947, 1913-11-14

It's improper to eat pie with a knife
but an ak is per Missile.
The midland journal. (Rising Sun, Md.) 1885-1947, 1913-11-14

It is wrong to dock lamb and turn
II out in fly time without putting on
something to keep the pests on.
The midland journal. (Rising Sun, Md.) 1885-1947, 1913-11-14
Rather J
= !. :. !. !. 9. !.

Rather.
had a great surprise the other
day. =
What was 1t ~
Il got square deal from that
rounder.'
The midland journal. (Rising Sun, Md.) 1885-1947, 1913-11-14

A mans wife will contradict him
even If she happens to think as he
does.
The midland journal. (Rising Sun, Md.) 1885-1947, 1913-11-14
MIXED U b.

Did that play make out Id its run r
Yes, indeed. Why, it was walk
over
The midland journal. (Rising Sun, Md.) 1885-1947, 1913-11-14

But woman doesn't care to boss
The job II she can boss the boss.
The daily banner. (Cambridge, Md.) 1897-2008, 1913-04-08

are to he to which they will be reqnirs
ed to adjust themselves. 1t h clear
to the whole country that the tariff
duties must bp altered. They must he
changed to meet the radical alteration
in the conditions of our etUrmlnic life
which the country hns witnessed with
In the last generation. While the
whole face and method of our indus
trial and commercial life were being
changed beyond recognition the tartn
schedules have remained what they
were. before the change b4gnn or have
moved In the direction they were Civ
en- when no large circumstance OF our
industrial Development was what II In
today. Our task Ia to square them
with the actual facts The stniner thar
IL done the sooner we shall escape
from suffering from the facts and the
sooner our men Of business will bt'
free to thrive by the law Of nature
(the nature OF free b'isiness' instead
Of BY the law Of legislation and arti-
6cial arrangement.
How Tariff Hss Grown.
We have seen tariff legislation wau
der very far afield in our day-very far
indeed from the field in which our
prosperity might have had normal
gr0wth and stimulation. No one who
looks the facts squarely in the face or
knows anything that lies beneath the
surfsce Of action can fail to perceive
the principles upon which recent tariff
legislation has been based We long
ago passed beyond the modest notion
Of "protecting" the industries OF the
country and moved boldly forward to
the idea that they were entitled to the
direct patronage of the government
For long time-a time 40 long that
the men now active In public policy
hardly remember the conditions that
proceeded tive have sought in our
tariff schedules TO give each group OF
manufacturers or producers what they
themselves thought that they needed
in order to maintain practically ex-
elusive market IA against the rest of
the world Consciously or unconscious
" we have built up n set Of privileges
and exemptions from competition be-
hind which II was easy by any. even
the crudest. forms Of combination to
organize monopoly. until at last moth
ing is normal. nothing IL obliged ("
stand the tests Of efficiency and econo
my. in our world Of big business. hui
everything rhrives by concerted ar
rangempnt Only new principles OF
action will save us from final hard
rrystailiza tion. Of monopoly and 81 com
plete loss of the influences that quick
en- enterprise and keep independent en-
ergy alive.
Must Abolish Privilege.
1t Is plain what those principles must
The daily banner. (Cambridge, Md.) 1897-2008, 1913-04-08

iOR RENT-Rtore ON Race 1t, with i've
room mousse, having all modern i'm prove
menta attached. Two large yards In rssr
with barns. Excellent location for wood or
coal yard. Apply to Thomas b. Hubbard
2l4 Htgh st. z-l9-ti
The daily banner. (Cambridge, Md.) 1897-2008, 1913-04-08
HARD COAL CASE
DECISION AMENDED
Modified so District Court May
Take Further Evidence

Washington, April 8.-The supreme
court directed that its decree in the
hard coal case" be amended to give
the federal district court in eastern
Pennsylvania power to decide whether
four certain "65 per cent contracts"
should be excepted from the recent
decision that such contracts were void.
The supreme court has held that
the contracts whereby the railroad
coal companies bought the output of
Independent" operators at IS per cent
of the price of coal at tidewater, sup
pressed competition and violated the
Sherman antitrust law.
The Delaware, Lackawanna & West
ern Railroad company, the Hillside
Coal and Iron company, the New York,
Susquehanna & Western Coal company
and the Pennsylvania Coal company
maintained that its contracts or leases
did not suppress competition and ask
ed that the court, which was directed
to enforce the decree, be authorized to
allow these leases to stand If 1t found
they did not come within the condem-
nation Of the supreme courts hold
ing.
Justice Lurton explained that the
court had been asked to exempt five
contracts from the effect of the decis-
lon. 1--WE find there is inadequate EVIL
dence before up to pass upon four of
these contracts. Therefore we modify
the decree 90 as to allow the district
court to take evidence and pass upon
the point. The attorney general is
willing to have the decree amended
90 as to exempt the contract between
the Pennsylvania Coal company and
the Elk Hill Coal and Iron company.
We amend the decree so as to exempt
this contract"
The daily banner. (Cambridge, Md.) 1897-2008, 1913-04-08
For Rent.

EOR RENT-l06 Choptank avenue, II rooms
J. all modern conventences; excellent con.
dition; fine for boarding house, or large fam.
ny. Immediate possession. L. b. Phillips,
Cam bridge, Md. l2-l3-tI
The daily banner. (Cambridge, Md.) 1897-2008, 1913-04-08
Look To Your Plumbing.

You know what happens In q
house in which the plumbing Is in
poor condition-everybody in the
house Is liable to contract typhoid
or some other fever. The digestive
organs perform the same functions
in the human body as the plumbing
does for the house, and they should
be kept In first-class condition all
the time. II you have any trouble
with your digestion take Chamber
lain's Tablets and you are certain
to get quick relief. For sale by all
The daily banner. (Cambridge, Md.) 1897-2008, 1913-04-08

TOR SALE-At private sale pr. mules pr.
mules, pr. un broken mules l. 8 yr. OLD
yoke oxen, odd OK. M. K. Gore, or o. e.
q. Gore, sam bridge, Md.
EUK SALE OR ENr-Fine old residence
= with 1brut an acre OF land attached.
App y to Edward b. Phillips Or w. Lake
Robinson. 47-n
TOR SAl E-9 lamp brooders for raising lit
tie cbickens Capacity 100 chicks he
buy srs. Mafy land squad Co. Few.
The daily banner. (Cambridge, Md.) 1897-2008, 1913-04-08
HoW's This?

We offer One Hundred Dollars
Reward for any case of Catarrh
that cannot be cured by Halls Ca
tarrh Cure.-F. J. CHENEY & CO.,
Toledo. o.
We, the undersigned, have known
F. ]. Cheney for the last Is years,
and believe him perfectly honorable
in all business transactions and fl
nancfally able to- carry out any
obligations made by his firm.-Na-
TIONAL BANK OF COMMERCE.,
Toledo, O.
Halls Catarrh Cure is taken in
ternally, acting directly upon the
blood and mucous surfaces of the
system. Testimonials sent free.
Price Is cents per bottle. Sold by
all Druggists.
Take Halls Family Pills for con-
st1pation.-Adv.
The daily banner. (Cambridge, Md.) 1897-2008, 1913-04-08
SHORT MESSAGE
STICKS To TARIFF
President Wilson Advises the
Extra Session.
URGENT NEED OF REFORMS

Chief Executive Says Recent Eleetions
Laid a Duty Upon the Democratic
Party. Which Must Tighten the Bur-
den Of tho Peopie-Says It Would Be
Unwise to Move Forward HeadIeng
Or With Reckless Haste; That 6asi-
ness Must Be Encouraged, Not De.
stroyed, but That Everything That
Has q Sembianes Of Privilege Must
Be Aboiished-Promises Special Mos
cage Dealing With Needed Banking
and Currency Laws.
To the Senate and House Of Repre-
sentatives:
l have called the congress together
In extraordinary session because q
duty was laid upon the party now In
power at the recent elections which 1t
ought to perform promptly In order
that the burden carried by the people
under existing law may be ligbtened
as soon as possible and In order. alsO.
that the business interests Of the cOln-
try may not be kept too long In sns-
pense as to what the fiscal changes
The daily banner. (Cambridge, Md.) 1897-2008, 1913-04-08
FOR SALE

EOR SALE-Building lots on Park Lane
i and Edgewood avenue. Easy terms.
posits VIII buy one. Apply to Edward 3
Phillips. u-13-tk
The daily banner. (Cambridge, Md.) 1897-2008, 1913-04-08
Two Old Confederates

Capt. Tony Miller and Col Tom Booker and Polk
Millers famous quartette, at Auditorium Cambridge
Wednesday evening, April g. Popular prices 25 IS and
Soc. Reserved seats at Postofice Pharmacy.
The daily banner. (Cambridge, Md.) 1897-2008, 1913-04-08
Cabinet Members In House

Washington, April 8.-Representa
tive Montague, of Virginia, introduced
bill in the house to compel the at
tendance of cabinet members on the
floor of the house at least twice q
month. The object is to have them an
swer questions from members.
The daily banner. (Cambridge, Md.) 1897-2008, 1913-04-08
VIII. Ask. Guardian For Husband.

Pottsville, Pa. April s. - Judge
Brumm heard a novel case in the ap-
plication Of Mrs. Mary Schumacher
for the appointment Of guardian for
her husband. Charles f. Schumacher.
q business manr--Tha.iKife testiAsd
that her husband 10 subject to strange
influences from gypsies. who lure him
away from home. and she is afraid he
will spend bis entire estate frivolously
The daily banner. (Cambridge, Md.) 1897-2008, 1913-04-08
Straight At It.

There is no use of our beating
around the BUSH" We might as
well out with it first as last. We
want you to try Chamberlain
Cough Remedy the next time you
have a cough or cold. There is NO
reason SO far as we can see why you
should not do so. This preparation
by its remarkable cures has gained
a worldwide reputation, and peo-
rle everywhere speak of 1t in the
highest terms of praise. 1t Is for
sale by all dealers.-Adv.
The daily banner. (Cambridge, Md.) 1897-2008, 1913-04-08
WILSON TO VISIT JERSEY
Announces He viii Carry iury Re
form Etoht to Voters,

t0Fm fIoUS 70 V0SetSs
Washington, April 8. - President
Wilson made the announcement that
he would personally carry his fight
for adequate jury reform in New Jer-
sey to the voters Of that state.
He said that he had planned q trip
to his home state before May l. The
date, what parts Of the state are to
be visited and how many speeches he
will make have not been decided on.
The daily banner. (Cambridge, Md.) 1897-2008, 1913-04-08
Wanted.

WANTED-Second-ha ma attinRs. carpets,
rugs. htEnest cash prices. J. Y. W hite
& Co., day st. 3-20-lmo.
Perth Amboy evening news., 1913-10-08

LEAGUE RUM0R
CAUSES ALARM
Members Of Equal Suffrage
League of the Amboys Dis:
cuss the Report
RIVAL ORGANIZATION Is
LIKELY TO START
Prominent Society Women
Hints That Anti Branch Will
Soon be Organized

Mild CONSERVATION was caused at
the meeting of the Equal Suffrage
League of the Amboys at the home
of Mrs. G. F, Benton at 73 Water
street, yesterday afternoon, when it
was reported that there was we'll
laid plan to form branch of the
anti-suffrage league among some
prominent women of the city. The
suffragists of Perth Amboy and
South Amboy received the report in a
philosophical way, and determined to
continue in supporting their cause as
ardently as ever.
One woman, prominent IN the SOC
ial clubs of this city who has not
connected herself with the suffrage
league, stated this morning that she
thought that since league had been
formed here for the advocacy of
woman suffrage that there should be
a similar organization to espouse the
other side Of the question. She
stated that she thought that before
women should be given the right OF
the ballot there should be f1ve-year
educational campaign to At them for
same. She believes that the far
reaching effect which giving women
the ballot would have, is not appre-
ciated as profoundly by some of the
advocates Of the cause as 1t should
be. Though the NEWS could not
find any positive proof that rival
organization to the equal suffrage
league will be started here In the
near future, 1t found that anti
suffragism is in the air and that be-
fore many months, actuated by the
activities Of the suffrage league, may
form into a resolute association to
thwart the efforts of the regulars.
At the meeting yesterday after
noon 1t was decided to hold monthly
meetings, and the next session will
be held at the home of Miss Muirhed
at South Amboy, November IA. There
was q good attendance and enthusi-
asm prevailed for tho work which
has just been started.
Perth Amboy evening news., 1913-10-08
DIR. MASON ON
FRIDAY. WILL
TOUR COUNTY
Prohibition Candidate For
Governor Will Make Address
Here in Afternoon.
ARRANGE SCHEDULE FOR
THE TRIP IN AUTO
Candidate Files His Petition
With Secretary of State
Names Campaign Manager

DR.. James Gilbert Mason, OF
Metuchen, the Prohibition candidate
for governor, has filed his nominating
petition with the Secretary of State.
1t contained about 1900 names of
Prohibition voters from all sections
of the state, 1000 names being re-
CURED by the election law. DR..
Mason named VIII D. Martin, of
Hasbrouck Heights, Bergen county,
as his campaign committee to handle
the contributions to the Prohibition
cause.
AS the Prohibitionists have not
polled five per cent. of the vote in
this state, they are not legal party
under the election law, and so could
not participate in the primary elec-
ton. DR.. Mason was selected as the
candidate at delegated convention
of Prohibitionists in Trenton last
summer. 1t was necessary, however,
to file a regular nominating petition
to comply with the law.
DR.. Mason announced today that
he would make a tour of Middlesex
county Friday In an automobile and
make short addresses at numerous
places. The candidate said that
while his itinerary was not quite
complete he expected to arrive In
this city about s O'Clock In the af-
ternoon and speak at Smith and
High strets. He will announce his
schedule tomorrow.
Perth Amboy evening news., 1913-10-08
EXTREME DAMAGES TO
PROPERTY OWNERS is
URGED BY JUDGE DAILY
Counsel for Thos. f. DUNCAN Of
WOODBRIDGE Shows Condemnat-
ion Commissioners Their Duty
DUNCAN MIGHT GET $4,000

ers that his client is in the coal and
wood business and was about to es-
tablish a branch of his business on
the property to be condemned; that
he had intended to have spur run
from the Philadelphia and Reading
railroad to his coal and wood offices
to have been erected on the prop
erty In question; that the short line
would so intersect the land that 1t
would be impossible to run the pro-
posed spur, and would practically de-
stroy the whole value Of the land as
far as residence sites are concern
ed. He states his client estimates
the value of the property, consider
ing the excellent business site, at be-
tween eight and twelve THOUSAND dol
lars. He urged the commissioners
to their award to Mr.. DUNCAN on
this basis.
The proceedings were adjourned
at noon and resumed after lunch.
Surveyor Morgan F. Larson appear
ed for Mr.: DUNCAN with a map
showing the property and the man
ner In which 1t would be affected by
the proposed line. The proceedings
were conducted over the recorders
office in the police end Of city hall.
The council chamber was occupied
by a fury trial,