davidaulloa/AmericanStories huggingface dataset:
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09
WHEELS OF LAW
GRIND SLOWLY

l. tho District Court, at 10 O'Clock
.nia r,orning. District Attorney Powell
~ t"-9 nation that the indictment
ainst Ceorge Fronhofer be dismissed.
Defandant was represented at the hear
;,,., NV Attorney T. J. ID. Salter, of
ao,nsel Mr.. Powell stated that his
no,iop was based upon that paragraph
ia the Supreme Court g recent decision
granting Fronnhofer new trial whleh
stated that were the court convinced
that there was no additional evidence
against defendant they would order mis-
discharge. Judge Dueker stated that ne
would take the motion under ADVISE
uent for day or two.
George Fronhofer was indicted IN the
early months of 1912 for an assault
with intent 10 kill Peter baux, at the
Gold Note mine, Kennedy. shortly al
ter the grand jury had adjourned Laux
died at the county hospital here, and
Tronhofer was again indicted by spe'
cal grand jury, in the fall of the same
wear on the charge of murder. AT has
trial he was convicted, the jury return
inc it's verdict on December "a, 1912,
fixing defendant punishment at life
imprisonment
Notice Of appeal was served on the
state on April 16, 1913, but IL was in
.he latter part of July of this year that
decision was rendered by the Su.
pyeme Court, granting new trial. On
Tie 18th of August last the decision
was certified TO the county clerk by the
clerk Of the Supreme Court, and short
" after that date Fronhofer was re-
turned to the Humboldt county Jail.
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09
OUR MrsTAKE-A CORRECTION

In our story of Tuesday, October 5th,
relating the stirring adventure of Fred
Diess, Of the Klucny ranch, who broke
the hundred yards record for both anna
tours and professionals when pursued
by rabid coyote, taking high &C.
as well as jumping a fve-rail fence
we committed the almost objectionable
error of calling the hero of the oeea
sion "Paul, while his name i
Fred. - The young man states that
h, ran under his own name and that
he never before realized how fast z
pair of short ten-year-old legs coulc
travel, under pressure.
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09
COFFEE IN THE DESERT
HOW AN ARAB CHIEF DlsPENsEs
HOSPITALITY.
Making OF the Beverage an Act Of
Some Solemnlty-Guests honorsd
and Made Comfortable Be-
fore Conversation.

That morning we left the main cara
van, but meant to rejoin II before
night. An hour after sunset. however.
We were wandering about without
path. Hearing the barking OF dogs,
we rode toward the sound and soon
saw the fires of the encampment Of an
Arab chief who had been driven In
from the desert by the drought.
On one side OF an open square .
large nre was blazing at the mans
end OF the most spacious OF the low
black tents. The intermittent blaze.
fed by dry weeds OF the desert, lighted
up slab of limestone bearing the
rudely scratched insignia OF the
tribe Of Beni Sakr. We dismonnted
silently, as men do In land where no
one knows whether those whom he
meets are enemies or friends The
Arabs. grouped eross-legged or a-squst
around the blaze. said nothing. but
the chief men rose and motioned to
us to be seated. while the others
moved TO places of less honor. A
quilt was brought to spread on the
coarse woolen rugs, and another was
rolled up for me to rest my left elbow
on.
II was only after we were comfort
able that conversation slowly began.
While We talked a servant, on signal,
brought out the coffee tongs--two
spoons of iron chained together and
having handles 1S inches long. Green
coffee beans We're placed on the larger
spoon. which was about six inches in
TO roast. The other spoon. only an
inch In diameter. was used to stir the
beans and prevent burning When the
coffee was roasted the slow process Of
grinding began.
The grinder evidently felt that his
work was of great Importance and
should be done artistically. Each
stroke OF the great wooden pestle was
accompanied by q double click on the
side OF the deep wooden mortar Then
the coffee was boiled, first In one
blackened copper pot with q long
straight handle, and then In another.
Finally the grinder tasted 1t. Then the
cups. two In number. began to circu-
late. Each man was served with only
two or three swallows OF the strcng
black fluid. but the cups were passed
to the chief men several times.
AS they sip the black unsweetened
coffee. the desert prince and his com.
panions talk not only of prices and
OF che doings of their great ones. but
tried to make me understand how they
and their people fought with the gov
ernment not many years ago. The
chiefs eyes were so fierce and his ges
lures so violent that began to think
he was really getting angry. Why
does the government take taxes for
even our coffee from poor Arabs who
come from the desert In time OF
drought" he asked. Have not the
Arabs the right to feed their hocks
wherever there Is grass? Some day
soon the soldiers viii see what my
people will do."-From Palestine and
Its Transformation" by Ellsworth
Huntington
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09
DEATH OF PIONEER
RESIDENT YESTERDAY

j II. Hoyt, for more than thirty
years a resident of Winnemucca, pass
ed away yesterday morning, at his resi-.
denee, Second and Lay streets. The
end was not unexpected, as deceased
had been seriously i'll for several
months.
Deceased is survived by his wife and
one son, the latter resident of New
York City. Funeral services viii be
held at o'clock tomorrow afternoon,
from the Methodist church.
Mr. Hoyt was native of New
Hampshire, "A years of age. For many
years he followed the vocation OF
painter and paper hanger, but practi'
cally retired from active work a few
years ago.
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09
TAX COMMISSION WILL
HEAR CORPORATION COMPLAINTS

The state tax commission until the
third Monday in October will hear
complaints by dissatisfied corporations
and public utilities, tending to show
why recent assessments should be
changed. Already the Gold Hill Water
company and the Western Union Teie-
graph company have appeared TO urge
reductions.
The state board of equalization .
&oll amounts TO 1852 $4,000, or $3.50,
coo in excess Of the budget.
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09

In the District Court, this morning,
a demurrer in the suit of j. F. Johnson,
1T al, va. u. a c., Mining Co, was over
ruled. Plaintiffs were represented by
Salter 4 Robins and defendant by a
firm OF San Francisco attorneys, who
failed 10 appear.
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09
FATHER MEEHAN RECEIVES
WORD OF MOTHER g DEATE

Last evening Father r. F.. Meeha
re reeeived cable, announcing the deatl
Of his mother, Mary Ann Meehan. De
ceased passed away in Dublin, ireland
Yesterday morning, at the age of CO
years, after an illness of about on
wear.
Deceased Is survived by her husband
Patrick Meehan. justice Of the peace
and member of the Dublin city council
an by ten children, the eldest of whom
is Father P. f. Meehan The second
son, Rev. ]. W Meehan, is also q
priest, being pastor of a church at Gas
tlebar, Ireland
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09
NEW EPISCOPAL PASTOR
ARRIVES FROM CALIFORNIA

Rev. Ross Turman, pastor of St. Ma
~ : Episcopal church, arrived in town
yesterday from California. His family
will join him here the first of the week,
and will occupy the Reinhart residence
ON Law, near Sixth street
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09
FORMER RENO RESIDENT
DIES AT LOvELOCK

Frank F.. Wright, formerly resident
of Reno. is dead at his home in Love
lock. Wright was born in Reno and
lived here until three years ago, when
be went to Lovelock to engage in bust
ness.
He is survived by his widow, bro
tber, Beverly Wright, of San Francisco,
two aunts. Mrs. s. W. Porteous of
Reno and Mrs. j. Cronin of Sacramento,
and an uncle. G. A. " Hughes of Reno.
He was 33 years old.
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09

ore in sight. Seven Troughs Coalition
is mining IA inches of $4,000 ore on
the 1900 level and it is now believed
that the real era of prosperity for this
company is just beginning. Both of them
are just stepping out into the marts of
the world with their promise as wealth
PRODUCERS. 1t is ineoneeivable that the
many old and new workings of this dis
trict will not come in for immediate
g, ploitation. It is safe prediction
chat this development will add many
new properties TO the wealth of Nevs-
da.-Weekly Mine Record.
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09
VALUABLE SADDLE HORSE
KILLED BY COYOTES

A valuable saddle horse, belonging 10
;. Y Blum. was found dead yesterday
ia the Tronsaale pasture. below town
From indications the animal had been
attacked and killed by coyotes.
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09
Railroad Lands Not Included

Today Auditor Germain was advised
by Secretary Adamson, of the state tax
commission, that the increase made in
the valuation of Humboldt county
lands by the state board of equalization
does not apply to lands of the South
crn Pacific.
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09
Annual Suit Against Express Company

To-day District Attorney Powell filed
n suit against Wells, Fargo c, Co, to
recover taxes due for the wear 1914,
amounting. with penalties and costs,
h. $500 % The first suit. for the col
lection Of the tax for 1909, has been
al pealed 20 the Supreme Court of the
United States by the express company,
and upon the decision viii depend the
orteome Of the annual suits brought
alnee that time.
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09
FORMER RESIDENT MEETS
WITH PAINFUL ACCIDENT

W. r. Rich, former telegraph operator
~ the Southern Pacific station here,
but lately stationed at Promontory,
Utah, broke a leg, one day last week,
by slipping and falling on Salt Lake
pavement.
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09
CHICAao's MAYOR RETURNS TO
SAN FRANCISCO EXPOSITION

Mayor Thompson, of Chicago with a
party Of friends, passed through Win
nemucca yesterday morning, via the
Western Pacific, en- route TO the Expo
sition. Mayor Thompson was visiting
the Exposition at the time of the East
land disaster, but left for home by spe-
cial train upon receipt of the news.
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09
NOTICE TO wINNEMuccA PUBLIC

Since the earthquake shake Saturday
night i have investigated very care
fully all the ehimneys and stovepipes
of the town and find them all more or
less injured and in a dangerous condi.
tion for fire, and would advise you all
to look carefully to yours, especially
between the ceilings and the roof, and
avoid the total destruction of your
property by fire.
J. ROUG0N, Fire Warden.
-advtd.44.
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09
FIRE ALARM CAUSES
EXCITEMENT AT NOON TOUR

At 1910 O'Clock this afternoon fra
alarm called the hose cart to the Edo
RADIO cafe, but by the time it reached
fere the blaze had been extinguished.
The fire was caused by the gasoline
catching fire in the lunch counter cof-
fee urn, but the only damage was cans
"a by the excitement the incident ere
ated.
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09
PpEIGHTING OUTFITS LEAVE
TOWN THIS MORNING

The following freighting outfits left
town with loads this morning: J. X.
harvey. Paradise Valley; William
Stock Farming company, Paradise Val
ley; Baber Mercantile company, Me.
Termitt; Henry Kirchner, Paradise
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09
raking Of Evidence Concluded

The taking of testimony in the case
OF State of Nevada VS.. Manuel Diaz
las been concluded and today the evi-
dsnee is being read to and subscribed
Nv witnesses. Defendant is charged
with having assaulted F. c. Hayden
with knife at the First National bank
corner. on Wednesday evening.
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09
AWARDED CONTRACT FOR
LovELOCK HEATING PLANT

w. W. Richardson has been awarded
the contract for installing the heating
plant in the new Big Meadow hotel at
Lovelock.
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09
ENTERTAINING LADY FRIENDS
AT WHIST THIS AFTERNOON

This afternoon Mrs. C. L. Tobin is
entertaining a number of her lady
friends at whist, at her residence IN
upper town. There are nine tables fill
e1 with players and the battle for
prizes is being waged in a royal man
neF.
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09
ONE GAME EACH FOR
BOSTON AND PHILADELPHIA

Ar Philadelphia:
Runs-Philadelphia; /, Boston
Hits-Philadelphia 3, Boston 70
Errors-Philadelphia |, Boston 0.
AS Philadelphia won yesterday 2
game by score of to l, each em!,
now has a game TO its credit.
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09
State Biologists visit Kennedy

This morning Prof. Jones and Prof.
Boardman, of the State University, ar
rived in town, on Southern Pacific No.
10 They left for Kennedy at about 9
Z clock, accompanied by Attorney l..
@ Campbell, with r. X. Brown, ehauf-
feur.
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09
Obviously Mislea ding.

Passing q swimming pool ia q small
city one day two country women read
this sign at the entrance: 10000
Gals. In and Out Every Hour
That's all nonsense said one Of ths
women. There amt that many Won
en- In this whole county
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09

Special Service Checks are given on
ali stationery and school supplies this
week. See our high grade box paper.
Some very pretty designs. Buy book
and get $4,000 votes.
STEPHENSON DRUG CO.,
advk- The Corner Drug Store.
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09

Forty coupons and s2.4s gets you a
az. piece LIMOGES CHINA DINNER
SET, or 20 coupons and s2,es. We give
YOU coupon with each 25e purchase.
Remember, you can get a SO TO IS din
neI set here for SPAS, besides saving
money on everv purchase: We sell for
lees. Why pay moref
EAGLE DRUG co,
Cut Rate Drrggists-
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09

Private Emergency Hospital.
One OF Cincinnatis once buildings
supplied with an excellent emer-
gency hospital.
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09
NEW FALL MILLINERY

Mrs. A Prince has on display the
uew fall styles of millnery.-sdt.
The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-10-09

silver State and s. F. car SOC month
Evening star., 1915-01-12
DYESTUFFS PATENTS
HEARING TOMORROW.
House Committee Will Listen to Ar
guments on Working Re-
quirements" Bill.

The House committee on patents to-
morrow will begin hearings on the bill
OF Representative Paige of Massachu-
setts to apply the working require
ment" to patents issued on the process
Oh making dyestuffs, the same to be
actually worked within two years. The
bill also requires reciprocity with for
eign governments on patents.
The bill is favored by a number of
textile manufacturers in Massachusetts,,
and will be opposed, it is said, by other
manufacturers on the ground that it
Will lower the bars of the patent laws
and apply the working clause gen.
orally.
The charge will also be made that the
lesisiation may cause the abrogation
OF the patent treaty with Germany.
Evening star., 1915-01-12
OPPORTUNITY TO SEE
UNCLE SAM AT Work
The Star Coupon With Ten Cents AZ
fords Chance to Boys and
Girls.

The production at the Columbia The
ater by Henry w. Savage Of gigantic
and wonderful motion picture showing
the activities of the American govern
ment is called Uncle Sam at Work
and is based on ''The American Gov
ernment," by Frederic j. Haskin, which
was in book form. sold through the
agency of The Star to many thousands
of -Washingtonians.
The Star believed before Uncle Sam
at Work was shown to the general
public that 1t was an entertainment
that was not only patriotic In It's ap-
peal, but that it was a stirring and
gripping demonstration of the power
our army and the achievements or
our scientists.
Accordingly The Star arranged last
Saturday for two advance perform
anceS of this picture at the Columbia
Theater which were to be free to the
boys and girls of the public schools.
Crowds Have Seen the Pictures.
An hour before the time to open the
doors for the first performance there
was a line of children marshaled in
double column which extended from
the front doors of the Columbia Thea
ter entirely around the block, and de-
spite the fact that nearly 1000 were
admitted to the 8 o'clock performance
and nearly 1000 more at the second
performance at II O'Clock, the line was
still four blocks, long when the last
atom of space had been occupied and
the management of the theater had
been compelled to reluctantly announce
that not another child could be
squeezed into the big theater.
Arrangements have been made to
recompense the thousands of children
who were unavoidably disappointed.
and the other thousands who did not
feel that they could afford the cost Of
the admission at the regular prices.
Beginning today and continuing each
day this week, The Star will print a
coupon; which. with 10 cents, will ad-
NIT any boy or girl of the public
schools TO any seat in the theater at
any matinee performance. The pic
lures begin at $3.50 o'clock, SO that
there is time for the pupils of any
school to reach the theater before the
performance begins.
The regular price of admission is rs
cents for all matinees, SO that this
coupon means an actual saving to each
school child of 10 cents.
Evening star., 1915-01-12
THE COURTS.
Supreme Court of the United States.

Present: The Chief Justice, Mr.. JUS
tice McKenna, Mr.. Justice Holmes, Mr..
Justice Day, Mr.. Justice Hughes. Mr..
Justice Van Dervanter. Mr.. Justice
Lamar, Mr.. Justice Pitney and Mr..
Justice McReynolds.
Carlyle Shelly Littleton of Chatta-
nooga, Tenn; William Thomas White
of Birmingham. Ala; Frank Shelby
White. jr.. of Birmingham, Ala, and W.
B. Price Of Forest, Ohio, were admitted
to practice.
No. 127. The United States of
America. appellant. agt. Charles F.
Noble ct al: passed, to be restored to
the call under the provisions Of Sec
tion 8, rule 26.
Nos. 493 and 494. The United States,
appellant. agt. Erie Railroad Company
argument continued by Mr.. George F.
Brownell for the defendant in error,
and concluded by Mr.. Assistant to the
Attorney General Todd for the appel
hht.
Evening star., 1915-01-12
District Supreme Court.

EQUITY DIVISION Justice Mccoy
Shipman agt. Shipman; order for ne
exeat; plaintiffs attorney, II. l. Quinn.
ODonoghue agt. Conroy: decree Of
torney. u. w. O'Donoghue; defendants
attorneys, Ellis & Donaldson
Beckham agt. Beckham; decree Of
December Is, 1911. amended: plain
tiffs attorney, D. w O'Donoghue
In re assignment of Walter C. White;
order to accept offer and reference to
r. NJ. Baker for special master; petit
toner's attorney. T. L. Jefords.
sheehy ast. o,Neill; auditors report
confirmed: plaintiffs attorneys. Sheehy
& Sheehy: defendants attorneys, ]. j.
Darlington and ]. J. Kelly.
I'acific Coast Casualty Company agt
Saunders: order discharging receiver
and surety attorney. C. f. r. Ogilby
for trial; plaintiffs attorneys. E. l..
Gfes and NJ c. O'Brien: defendants 8
attorney. Arthur Diebert.
Luckett ast: Perry; pro confesso
examiner; plaintiffs attorney. George
G. Gertman.
Zurhorst agt. Davidson: pro confesso
ordered and reference to R. d. Quinter.
examiner plaintiffs attorney, George c.
Crawford agt Crawford; rule return.
able January 16; plaintiffs attorney. L.
II. David; defgendant's attorneys. d.
Ward agt Washington Terminal
Company: verdict for defendant; plain
tiff's attorneys. NJ. J. Fulton and r.
c. l.. Moncure; defendants attorneys
Hamilton, Yerkes & Hamilton, Ed
mund Brady.
'Croso agt. Washington Loan and
Trust Company: jury respited; plain
tiffs attorneys, D. W. Baker and J. w
staggers: defendants attorney, ]. ].
Darlington.
National Electrical Supply COMPANY
agt. District of Columbia: Judgment bS
default set aside. with five days to plead
p. B. Cromelfn; defendants attorney, c
III. Syme.
Persing agt. Daniels ct al: rule re-.
turnable January 16; plaintiffs attorney
Dean ast. Burleson; rule returnabl,
January Is: plaintiffs attorney, F. f
Elder
Deane ast. Thurston: appearance o,
IT, w. Wheatley withdrawn and rule or
defendants to employ new counsel in ter
days
Croso agt. Washington Loan and Trus
Company, executor, on trial; plaintiffs
attorneys, d. W. Baker and J. W. Stag
gers; defendants attorneys, W. c. Sulli
van and George p. Hoover.
CIRCUIT DIVISION Justice Stafford
Munsey Trust Company agt. Fischer
judgment by default for 1856: appeal
cost bond, 500: plaintiffs attorneys
W. J. Lambert and r. H. Yeatman; de-
Evening star., 1915-01-12

z5c Window Shades for 29c.
OPAQUE Cloth Window Shades, "a to 36
inches Wide, ; to feet long. Light and
dark green mounted on good strong spring
rollers. Subject to slight imperfections.
ChiIdren's Drawers Pairs, 29c.
Childrcn's Good Quality Muslin Drawers,
with clusters Of pin tucks and neat button
hole bands Sizes to 10 years. Sale
price, 8 Iairs for 29c.
Evening star., 1915-01-12
NEW BOWLING RECORD.
Sioux City Man Bowls Continuously
for Thirty-Six Hours.

SIOUX. CITY, Iowa, January 12.-Dar-
rell Hamlet created a record here last
night by finishing thirty-six hour
continuous performance on the bowling
alleys. Hamlet began his endurance
feature at o'clock Sunday morning
and rolled until o'clock last night
without stopping for food or sleep,
although he ate an occasional sand
wich during the period.
He rolled total of 1874 games. or an
average of 7-1S games per hour.
His top score was made in his 153d
game, when a total of 256 was scored.
Evening star., 1915-01-12

fendants attorneys. L. L. Handy and
W. G. Gardiner.
Williams agt. Mclean: time for de-
fendant to plead extended to January
26; plaintiffs attorneys. Hamilton,
Yerkes & Hamilton: defendants attor-
neys, w. j. Lambert and r. h. 1eat-
man.
Harding agt District of Columbia; );
verdict for plaintiff for 1915 and judg-
ment forthwith, without costs; plain
tifr's attorneys, L. ]. Mather and r. c.
Brokmeyer; defendants attorney. X. j.
Whiteford.
Carroll agt Russell; on trial; plain
tiff's attorneys. w. ]. Lambert and X.
H. Yeatman: defendants attorneys, H.
p. Blair and Hayden johnson.
Bachrach agt. Washington Times
Company; verdict for plaintiff for $500;
plaintiffs attorney, Leon Tobriner; de.
PENDANTS attorneys, w. J. Lambert and
r. H. Yeatman.
Milford agt. Red Dragon Sales Com
pany; judgment by default for S5242.;
plaintiffs attorneys, BrandenburS n
Brandenburg.
Apex Appliance Company agt. Nash;
order to refund to plaintiffs or attor-
neys $50 deposited as security; plain
tiff's attorneys. George w. Drew ana
John Ridout: defendants attorney, lrv-
ing Williamson.
Evening star., 1915-01-12
Court of Appeals.

Present: The Chief Justice, Mr.. JUS
tice Robb and Mr.. Justice Van Orsdel.
John L. Kuhn was admitted to prac-
tice.
No. 93s. Patent appeal Mann agt.
Brown; argument continued by Mr.. f.
II. Fairbanks for appellee and con-
cluded by Mr.. ]: p. Bartlett for ap-
pellant
No. $40. Patent appeal. Rotter agt.
Hodgkinson: argument commenced by
Mr.. G. F. DeWein for appellant and
concluded by Mr.. E. w. McCallister for
appellee.
Proceedings after The Stars report
closed yesterday:
No. 274S. Hines agt. Hines: time for
appellants to file brief extended fifteen
days on motion of L. L. Handy.
No. 939. Patent appeal. Mann agt.
Broun; argument commenced by Mr.. j.
+. Bartlett for appellant and continued
by Mr.. 4. H. Fairbanks for appellee.