davidaulloa/AmericanStories huggingface dataset:
The Washington herald., 1914-09-10
Dentists Bill Brings Goldberg
Gold Coins for Fifty-franc Note
Mysterious Paper Enables Him to Purchase Susie
nance for His Friends, Whose Admiration Makes
His MuStache Grow
By r. L. GOLDBERG.

1ri1E realize minds
w ropean bulletins
Atlantic but and
Of the
nsbnies benumbed to the extent Of being unable @ f the sS
of on my upper lip wsr my last moments ] & of eon ]
Blonde the
and the
anSa of masculine
tide Of what they think
SUPERIORITY
start showing them superiority
Many T S. S1pS sre Dsns ss1s the their "'is' is
but face like gl gI;ss s, P.so,
down alley a
trivial things like
Al have to do is to soNd"s sick waiter
miss without the adua
poor broke out"
What do you They're
GALLANT
exploit
asked the umDaso psen,
Armand with the bad news and said Thanks Phil was thirteen
Thsy We're not Dns AMY large @ PrpS % 0 M 6 g aPS s % not % @
to turn @ Go p % @ nea % over % mPs weSeP WING a. ened behind
the cash desk and laid it, in from. Of her She dictated synopsis
Es back @ jacques brought back the note and toid ms
theewa nothin doing. lis g a
of
saItc and a
md to
quickly the invalid back n
i'm
i'm gent a
he gold
with
amount o my
zed 1
a hedi /
English so h.
with
hastly paid my
looked at the it a
{ an inch.
warlks
In still
for
The Washington herald., 1914-09-10
BOATS FULL OR THEY DON'T
SAIL, SAYS LINE: BALTIC ON WAY

London. Sept. 9-The White Star liner
Baltic sailed today with a large pas
senger list. Oficials OF the line said the
absolute absence of east-bound passen-
ger traffic would result in cancellation
OF all boats in which all possible pas
senger accommodations in every class
were not taken.
On the Baltic are Mr.. and Mrs An
drew Carnegie. Mr.. and Mrs. Chauncey
Depew. Mr.. and Mrs Henry Disston. Of
St Louis: E. II. Doubleday, r. L. Van
dyke. Col and Mrs Jay. Mr.. and Mrs
Robert l. Livingston. Miss K. Denise
Lorillard. c. F. W. Mcclure. Mr.. and
Mrs Alfred G. Reeves, Martha E
Reeves, and G. W. Vanstyk.
The Washington herald., 1914-09-10
CALIFoRNIANS CELEBRATE,
Association Observes 64th Anniver-
sary of Admission TO Union.

The California State Association met
last night m the rooms Of the Chamber
of Commerce to observe the siNty-fourth
anniversary Of California's admission to
the Union.
A literary and musical program was
given, and arrangements for carrying
Californians here to the exposition were
made. Joseph J. o'Brien presided.
The Washington herald., 1914-09-10
Noted Speakers to Explain
Why France Entered War

Bordeaux. Sept 9.-with the approba-
tion Of the government, it was announced
tonight. a series of lectures will be given
in France by the nations best-known
speakers TO explain TO the people the
origin OF the war and the Justice Of
the French cause
The Washington herald., 1914-09-10

when the German Embassy was wrecked
and he was elsewhere in Russia. Japan
and Switzerland when interesting things
were happening.
He was the first American to be the
guest of honor at a great banquet in the
Parliament House at Japan's capital.
The Washington herald., 1914-09-10
DR.. HAIRY D. HUTTON DEAD.

DR.. Harry D. Hutton. fifty-three year:
old, of the firm Of Hutton & Hilton
pharmacists, at Twenty-second and 1
streets northwest, died suddenly of heart
disease yesterday morning.
He was a native OF Washington and
son of William Hutton. DR.. Hutton was
a member of Dawson Lodge, No. I6, A. F.
and A. NJ.
The Washington herald., 1914-09-10
D. A. R. TO RAISE BIG
FUND FOR RED CROSS
Mrs. Story. After Interview with Presi.
dent Wilson. Prepares Circular Ap-
peal to 10000 Members.

Mrs. William Cumming Story, presi-
Sent general Of the d. "A. r. yesterday
conferred with President Wilson on the
offer of the u. 4. r. to assist in aiding
sufferers of the European war
The President told Mrs Story he ad-
vised the D. A. R. to send in their con-
The Washington herald., 1914-09-10
CLERGYMANs AUTO STOLEN.

The twO-passenger Overland automobile
of Rev. G. L. Smyth, of 400 Wisconsin
avenue northwest, was stolen from
Eleventh and F streets northwest last
night. 1t bears District tag No. 23543
The Washington herald., 1914-09-10
NO BY-ELECTIoNs DURING WAR.

London, Sept. 9.-The Daily Mail states
:oday that the political parties have
Igreed not to hold any by-elections dur
ng the war.
The Washington herald., 1914-09-10

sponsibiIity before the world for the cor
tinuance Of the struggle.
The Washington herald., 1914-09-10

min
w ;::s s:s; $5;' .;:se: {: q: Il : : q I IL
vvidas the Of
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16
7 CARDS OF THANKS

Why should the Lake Region bear
the expense of thanking your friends
for kindness to you? If your friends
require public acknowledgement for
their courtesies and are not satisfied
with your verbal tTranks, then please
send the newspaper one cent a word
for printing the expression of your
gratitude If this is considered rev.
|olutionary or expensive, write out a
card and tack it up in the postofice,
or kiss and embrace your friends on
the street But why ask the news
lpapers to bear the expense of setting
the type, running the press, furnish
ing the paper, and paying the post
age on your 'fthanks?" Excuse US
hereafter or send one cent word
along with your scard OF thanks. -
Eustis Lake Region.
Old Cards of Thanks" has got ID
where the chicken got the ak. Tt is
really strange that Fllorida editors
permitted themselves to be imposed
upon in this particular as long as
they did Remember you must &C
company your card of thanks, with
one cent for each word if you expecH
same to appear in the Sun.-Gaines
willie Sun.
| When this paper becomes SO hare
UP that it has to charge one of iti
subscribers 5 cents line for ex
pressing thanks to friends for hell
and sympathy in time of great trou
BILE, it will apply for a receiver.
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16
WE ARE TOTALLY
UNPREPARED FOR WAR

Inquiry into the preparedness of
the United States for war. offensive
or defensive" by national com
has been proposed in a joint
resolution introduced in Congress by
Representative Gardner of HIassa-
chusetts, who recently returned from
the war zone in Europe
Il have introduced this resoIu-
ton" said Mr. Gardner. because
know that a public search will open
the eyes of Americans to situation
which is being concealed from them.
The United States is totally UMPIRE
pared for a war, defensive or offens-
i've, against a real power. In my
opinion the effect of vast sums of
money spent by Carnegie in his peace
propaganda has been to blind Am
orleans to the fact that our national
security from military point OF
view is undermined.
Nearly every army and navy Of
ficer to whom / have spoken tells
me the same story of inadequate Sc
curity. i have yet to speak to a
single member of either committee
on naval affairs nor the committee
on military affairs of the House of
Representative in whose judgment
l have confidence, who does not in
private make exactly the same adj
mission. Yet all these gentlemen
seem to consider it their duty to re-
frain from any public statement. :
Mr.. Gardner declared with re-
spect to the present European war
that his views were mot those of a
neutral
II am entirely convinced said
he, that the German cause is I'M
holy, and moreover a menace to the
principles of democracy. But no
matter which side wins, we must re-
member that since the beginning of
time victorious nations have proved
headstrong and high4handed. We
must begin at once ITO reorganize our
military strength if we expect to be
able to resist high1handed cases
when the day Of necessity comes.
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16
WEIRSDALE

Weirsdale, Oct. 15.-Mr. r. T..
Lytle, who has been on the sick list
for several days, was in OcaIa Satur-
day.
Mr. Williams Alsop and visitors,
Mrs. McCarn, and son left for Jack
sonvilIe Monday. MIR. Alsop will
make an extended visit.
Mrs. Frank Henderly and daugh-
ter, Miss Irene, were trading in
Ocala Tuesday.
Mr.. Allen Cameron started for
Canada Tuesday. He will not be.
gone long, as he went to bring his
aged mother back to the land of
flowers, for the winter.
Miss Harriet Simpson traded in
lOcala Tuesday.
Mr.. H. w. Douglas visited from
Friday to Tuesday here with his
sons, J. M. and r. d. He drove from
here to Leesburg and will make 9TH
er places before his return home.
MIR. and Mrs. e. Schnitzler, Miss
Florence and Mr. and Mrs. r. +.
|Lytle autoed to Ocala Tuesday.
Mr.. and Mrs. All. F'oss of Boston,
Mass, arrived Monday. They own
property at South Lake Weir. Mr..
Foss is treasurer and manager Of
the Central Fruit Company.
iMesrs. r.. H. and r.. f. Gano pur-
eahesd new Ford yesterday Of the
'Ocala agency.
Mr.. and Mrs. Levake of EustIs,
spent the week end with Mr.. and
Mrs. j. r. Walling They were fish
ing in the placid waters OF the Okla
waha river Saturday Afternoon and
enjoyed the trip very much.
Mrs. j. r.. Altman is not inprov-
ing from her recent accident as
rapidly as her friends could wish.
Miss lHarrell of Oklawaha is waiting
on her.
Mr.. "A. M Leavengood and family
of Palmetto, moved here several
MIR. Frank Lytle's cottages.
Mr.. C. J. McCraney of IHigIey, was
here trading "Wednesday.
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16
BURBANK

Burbank, Oct 14.-Mr. Clarence
Chambers of Tampa is the guest of
his brother and family, for about
ten days.
Mr.. and Mrs. J. H. High spent
Tuesday and Thursday in Oca1a.
Mr. L. H. Langsworthy was in
Ocala Thursday.
Miss Helen T.. Hubbard of Palatka
visited the home folks Saturday and
Sunday.
MIR. ]. B. Haney is spending a few
days in Tampa.
Mr. and Mrs. John Heavenridge
left Saturday for their new home at
Goulds, Fla. John has accepted a
position of caring for an orange
grove. Joe Milici expects to take
care of Mr.. Heavenridge's farm.
Mr.. and Mrs Wilson and two
children and Mr.. and Mrs Chaffee.
and daughter, spent Sunday at Sill
yer Springs.
Mr.. Heahl and daughter were in
Ocala Monday.
Mrs. Wilson and son, Will, spent
Tuesday in Ocala.
Mrs. E. Styles was shopping il
Ocala Tuesday.
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16
NINETEEN FOURTEEN TAxEs


After all the fuss and cain that
has been raised, am proud to say
that the people of Marion county
will pay n more taxes than they
paid last year All assessments
have been raised 1870, but the mill
age has been reduced in same pro
portion. Every tax assessor in the
state was up against it harder than
he ever was before, for he hal
double work 10 do besides the extra
worry and anxiety.
Thes county commissioners stood
by me to man, and Marion county
never had board that worked hard
to reduce taxes and at the same time
provide for schools. roads and other
necessary exTe They fully real
lied the cor Iitioa hat the lone
drouth. and money matters in gene
raj, have It the farmers
In ron numbers he state vii
get IS coo md the comfy $4,000
less than the got last gsear, but the
schools will gel much mere.
Assessments IL railroads and tele
graphs were not raised as the.
should ha been.
L still believe hat the state tai
commission is an absolute necessity
but that 1t will never succeed Il
equalizing assessments in all tn
counties under the plan It is nov
working. but am sure il can E
done under a different system, VIZ,
will finally be adopted.
Aired Aver. .
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16
PUBLISH THEIR NAMES

The Tampa Tribune most appro-
priately says:
Officials and Passes
The statement issued a few days
ago by the state railroad commits
sion, giving the results of its in
quiry into the Issuance of free trans
portation by railroad companies, did
not attract the attention throughout
the state that. its importance de-
serves.
Unfortunately, the commission did
not see fit to give the names of the
officials it cited as using railroad
passes.
The commission should have Civ
en- the names in order that the pub
lie might fix personal guilt upon
those INDUCING in this very ques-
tionable conduct.
1t is true that the last legislature
passed an act intended to permit
public officials to use passes, if they
are also employees of railroads. The
force and effect of this enactment
are doubtful There is already a
state law which prohibits the, giving
or the use of passes. To begin with,
no public official should get in or
continue in the employ of rail
road; and if he does, he should not,
under any circumstances, accept free
transportation from that railroad, or
from any railroad,
Especially should the Judiciary be
free of this sort of influence. Yet,
we learn from the commission re-
port, that some of the men who are
enjoying free transportation conces-
sions from the railroads, are officials
of our courts of them a judge!
This judge represents railroad
as a local attorney-which is, In it.
self, exceedingly bad taste-and, as
such, gets free passes-which is fan
worse
| However honest a man may be, he
cannot be the same fair and impar-
tial official, especially court official
Wlpn railroad UdVOTS SAOW0T0u upon
him, than he would be without them
The next legislature should repea
the act which seeks to excuse this
reprehensible practice, and make i
a serious offense for man holding
public office to accept free transpor
tation, or any other railroad conces
sion. 1t should not only constitute
ground for impeachment or removal
but should subject the offender t,
criminal prosecution.
In the meantime, the state rail
road commission owes 1T to the PEG
pie of FLORIDA to make public tn
names of the officials who are ridint
on free passes.
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16

be brought to this country and put
to cultivating our waste places.
Right now, we have more men than
we can find work for, but If some of
our RockefeHers and other plutes
would pay the way of the refugees to
settle them on farms and
advance them cash to keep them go
ing until they could sustain them
selves, it would be a splendid enter
prise from the standpoints OF both
business and philanthropy
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16

1t is a beautiful idea to send to
Europe a Christmas ship with pres
snTs for the orphans of that war
1UFn continent. The Star would like
I'd he able to add to the cargo at
Kas1 one big, juicy Florida orange
6ur each orphan. And while we are
suding the Christmas ship, let us not
furget the American children, not a
few of whom look and long in vain
@znh Christmas for the coming of
SANTA Claus.
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16

If cold puts a stop to the opera
tions in the East while the opera
tions in the West can continue,
France will share the fate of Bel
gium. Times-U Union
Huh! those fellows from up in
Northern Russia will look on a
march into Galicia or 4Silesia some
thing like man from Georgia or the
Carolinas would regard coming to
Florida. Russia had a terrible win
ter in 1928. but the French did
not seem to notice any lack of fight.
ing spirit among the Russians.
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16

L. M. Frank, under sentence of
death in Atlanta for the murder in
April, 1913, of Mary Phagan. an
empIoye of the pencil factory of
which Frank was superintendent.
has been denied a new trial by the
Georgia supreme court This was
Franks fifth attempt to obtain a re-
trial by annulment of the verdict
which was returned Aug. 25 last
year. He still has pending before
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16

The statement of the Italian am
h..Assador to America, that Italy
EEUudd not go to war unless forced to
do SO by some overt act is what may
be described i'm sporting language as
n. safe bet. Italy of course reserves
me right to decide what an overt
act Is
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16
ROSE BUSHES WANTED

The nurses at the Marion County
Hospital are planning flower gar
den and would appreciate the gift
of rose cuttings or plants OF any
kind. If you have any flower plants
you wish to give, please sent them
ito the hospital The gift will be APP
preciated.
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16

The Jones Philippine bill, which
declares the purpose of the United
Sfates to recognize the independence
sEf the islands las soon as a stable
government can be established
Shere,'' has passed the House by a
vote of I'll to So 1t will not be
considered in the Senate at this ses-
s5on of Congress.
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16

Judging by all we have read of
me Russian BLACK Sea fleet, the two
German battle cruisers Goeben and
Breslau, will be able to give it a
sin tussle without any help from
the Turks.
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16

a few days ago, the Associated
Press announced that Kaiser Will
helm had become enraged with his
chief of staff. Gen. Won Mo1tke, and
bad given him the bounce. The
story is now pronounced untrue by
the same high authority. Which
shows that the Associated Press is
also human.
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16

Strange to say, there is more free
dom Of the press in Russia in re-
porting and commenting ON war news
now than in any other country IN
Europe
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16

France has ordered from Pitts
burg 5000 tons of steel with which
I'D make bayonets. Nobody need be
surprised if cold steel finally de-
z11es this war There is nothing
Ike il. at close quarters, and it
doesn't care whether the ammunition
carts come up or not.
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16

If the Germans have annexed Bel
gfum, as their official announcements
say, it is not likely that they are
either demanding indemnity from
/. Eaptured cities or allowing the peo-
pie 10 starye.
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16

There should be only one throne
in the world says James r. Day,
chancellor of Syracuse University.
land that is the throne of God. No
man ever was great enough to rule
other men,,
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16

the state supreme court an appeal
from the lower courts denial of a
motion TO set aside the verdict on
the ground that he was not in the
court room when 1t was returned
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16

The humble homes which are be-
ing destroyed in Europe are much
greater loss to humanity than the
cathedral at Rheims or any other
great monument.
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16
DEMOCRATIC TICKET

General Election November 3, 1914
For United States Senator:
DUNCAN u. FLETCHER.
For Congressman, End District:
FRANK CLARK.
For Commissioner of Agriculture:
w. A. McRAE.
For Justice of Supreme Court:
T. w. SE1ACKLEFORD.
w. VI. ELLIS.
Tor State Senator, goth District:
GLENN TERRELL.
FOR Representatives
w. J. CROSBY.
w. T. HENDERSON.
For Tax Assessor:
ALFRED AVER.
For Tax Collector:
". l.. COLBERT.
Cor County Treasurer:
JOHN NJ. GRAHAM.
For County Commissioners:
w. d. earn.
WALTER HUFFMAN.
N. A. FORT.
s. r PYLES.
For Members of School Board:
G. S. SCOTT.
B. r. BITCH.
J. S. GRANTHAM.
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16

We are selling Stock and Poultry
Powders and Medicines at half price.
Two 25cts or Scots packages at one
price. Ocala Seed Store 10-1-tf
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16
PONY BUGGY WANTED

Wanted, second hand pony cart
or buggy. Must be in good condi-
ton and quite light one Apply at
Star Office. 10-15-tf
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16
AUTOMOBILES

Light your automobile with cleo
trio lights. For particulars write
Box 1878, Tampa, Fla. 1O-7-30td
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16

The Times-Union speculates on
TszSzf a good thing it would be for
me United States if million of the
industrious people of Belgium, who
ere rendered homeless by war, could
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16

Phone IA to have your prescriD-
ton filled. Phone a is Biting s
knights drugstore.
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16

See our line of stationery before
buying your supply. The Court Phar-
macy. l0-2-6t
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16

The best ice cream in town at the
Court Pharmacy. Sunday orders a
speciality. 10-2-6t
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16

See our line of stationery before
buying your supply. The Court Phar-
macy. 10-2-6t
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16

Purity in drugs is everything, Bit
ting & knight have only that kind.
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16

ICE CREAM, all that the name
implies, at KREGER'S. 1913
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16

The very latest INITIAL STA
TIONERY AT RREGER'S 9-24-tf
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16

Advertise in the STAR for results.
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16

The Tampa Tribune most appro
priately says:
The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1914-10-16

Weirsdale. Oct. 15.-Mr. r. T.
Lytle, who has been on the sick list
for several days, was in OcaIa Satur-
The Prescott daily news., 1914-01-13
HAPPENINGS AT THE
STATE HOUSE
Governor Issues Three Pardons. New
Hardware Store at Rogers.
Argenta Bank Placed in
Hands of State
Commissioner

Little Rock, Jan. 13.-Gov Hays yes
terday reduced from $50 to $40 each
fines that had been assessed against
John Williams and his sons, Wilson
and Cleveland, by Justice l.. P. Fray
ser of Mammoth Sprigs, July Z, 1913,
on a charge of resisting arrest. This
was recommended by the justice and
the officer whom they resisted.
Gov. Hays granted pardon to K.
c. Berry, alias Buck C. Ellis, who
was convicted in the Pulaski Circuit
court in July, 1911, of robbery and
sentenced to seven years imnrison-
ment. 1t was stated ..s,Iat he was an
opium fiend, ard was under the in
f1uence of the drug when the crime
was committed. The pardon was rec
commended by the penitentiary board
on account of the convicts health. His
father, A. j. Berry, of Chiekasha,
sent $40 to pay his expenses to that
city.
The Governor also pardoned George
Draper who was convicted in Perry
county, in February 1913, of acces-
sorry to manslaughter, at Bigelow, Dec.
25, 1191, and sentenced to five years
in the penitentiary. He was acting as
a deputy marshal at the time, and the
marshal killed man named Nixon,
and the man who who did the killing
died in Jail while awaiting trial. 1t
is stated that Draper's family is in
destitute circumstances, and there has
always been some doubt as to his guilt
The Rogers Hardware Company has
been chartered with a capital stock of
$4,000, of which $4,000 is subscribed.
The officials are j. w. Helms president,
James Cain vice-president, and w. B.
Vickery secretary-treasurer.
The Mechanics Bank of Argenta was
placed in the hands of State Bank
Commissioner jain NJ. Davis Monday
forenoon. 1t has capital stock of
$4,000. No statement whatever is
made about the matter by the Depart
ment. 1t is the first time since the
new banking law became effective
that the department has taken posses
sion of a bank, to determine its SOL
vency
The Prescott daily news., 1914-01-13
ONE CASE TRIED IN
CIRCUIT COURT YESTERDAY
Case of Kimgrough VS.. Junction City
Lumber Company Being
Tried Today

Circuit Court Convened yesterday
afternoon at three o'clock just after
the candidates finished speaking.
The case of Weasley Lawrence VS.
Iron Mountain railroad was disposed
of, the jury finding a verdict for the
defendant.
This morning Kimbrough VS. June
tion City Lumber Company, case
wherein Ed Kimbrough is asking dam
ages for personal injuries received
while working at said company's plant
There were large number of witnes-
ses to be examined in this case and at
this time it has not yet gone to the
jury.