davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-12-15
COURT ARRESTS
SARGOL WITNESS
Ray Overhears Song
Meant for Jury's Ears
and Arraigns Leader
fRr npl.sr,nh 70 N, 1rihnn.. I

Auburn, Dec. 14.-Proceedings in
United States Court, where Wylie B.
Jones and Herbert Woodward, Of Bing-
hamton, owners of Sargol, 6 patent
medicine, are ntrisl for fraudulent
use of the malls, took q sensational
turn to-day when the usual order Of
heaing witness after witness testify
that the patent medicine did them no
good in return for their money, was
interrupted to enable Judge Ray to or
der the arrest and arraignment Of II.
W. Holland, Of Binghsmton.
Holland is favorable 20 the defence,
but was called as q witness by the
people TO prove certain connections be-
tween the Sargol owners and other
patent medicine makers. Hollands ar
rest came as a surprise and the case
against him was virtually made by
Judge Ray. He entered the barroom OF
a local hotel last night TO get drink
Of mineral water as is his habit, and
was just in time TO hear a number OF
persons, Holland among them, singing
a parody on "Tipperary" in which the
Chorus is: 1--WE are for Wylie, we are
for Wylie, We are for Wylie B. Jones"
as the twelve jurors passed through the
corridor on their way 10 quarters.
Jones is the chief defendant
Judge Causes Arrest
Court Clerk Higginson endeavored to
quiet the singers and told them of the
improperly, and Holland, informed
that Judge Ray was within hearing,
said: "To -- with Judge Ray" The
judge said nothing, but directed Clerk
Higgonson to make affidavits and to-
day arraigned Holland. The latter
asked for time 70 consult counsel, and
time was taken until Frederick W.
Welsh, a Binghamton attorney, could
come here. Tonight Judge Ray heard
pleas for clemency from Attorney
r. C.. s. Drummond, Of Auburn, and
from Mr.. Welch, and he deferred
sentence until tomorrow, saying that
he would provide Holland with a pun
ishment that he would never forget.
In his findings Judge Ray said that
Holland must have known and did
know the hours when the jurors passed
and that the remarks and words of the
song we're intended 10 reach their ears.
He further said that the act of Hol-
land was evidently intended to inter-
fere with and obstruct the administra-
ton of justice in the trial of the Sar-
gol Company, and he found that the
act constituted contempt of court and
subjected the defendant to punishment.
Jury Kept Locked Up
For time there was a rumor that
the trial, which has been on a month
and will run six or eight weeks longer,
and which has cost both government
and defence a large sum, would be de-
clared mistrial. but il will go on. The
jurors are locked up in the hotel out of
court hours, excepting when out for ex-
ercise. Mrs. Bertha Poethe. Of Dams
Vile, Penn, testified that she had taken
seven and one-half boxes of SRrgol
without gaining a pound In weight. Joe
Patchen, of Red Creek, n. Y, took one
box and gained no weight. Charles Fl.
Leonard, Of Rensselaer, Falls, said be
bought three boxes, read the directions
and Swallowed the pills" but weighed
100 before. during and sitter taking.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-12-15

heating their cars In cold weather and
warned the company that il would be TO
their advantage TO comply more strictly
with the order Of the commission IN
that respect. He refuses 70 accept the
contention OF the company that 1t was
proper and reasonable 70 operate sur
lace cars during the rush hours with a
standing load of from so to 100 per
cent. He expressed the belief that the
new order would greatly relieve TINS
disagreeablc condition.
Winter Service Needs
The action Of the commission was the
result of an inquiry as to whether the
lines Of the Brooklyn Rapid Transit
Company should be required to provide
additional cars for winter operation.
The use of the open cars in summer, as
we'll as closed cars, enables the opera
ton of a greater number OF cars than
are available during the winter season.
According to the testimony, the com
panles now operate during the rush
hour period 95.2 per cent Of their total!
number of cars, leaving balance of
4.8 per cent only for repairs and re-
serve. Commissioner Whitney consid-
cred this reserve insufficient, and IN
recommending the acquisition Of 2oO
new cars figured that at least per
cent of the total number of cars oper-
ated by the company should be kept IN
reserve and for contingencies.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-12-15
EVA WARD, BRIDE,
IN WAR TANGLE
Welded to American, Eng
lish Suffragist Sails Into
British Trouble

Eva Ward. English suFrsgist, had
trouble getting into this country three
years ago, iva Ward. American cru
zen. had trouble getting out yesterday
As Ed 81 good feminist novels, II was
man who mixed things all up. Had
she been content 20 remain Eva WARD,
legally, size might have left this coun-
nv as British as she entered lt-Whlch
was decidedly British. As all heroines
DO. or else there wouldn't be any story,
shs married. and after the register was
signed and everything they told her
tbat she was al American citizen, for
the simple reason that her husband,
Gilbert Rowe, was an American.
Beng an American in New York is
no. so bad. even when everybody knows
YOU are not really an American. IL is
when an American who is really Eng
hsh has % be an American in England
that the trouble begins.
NJ. and Mrs. Rowe sailed yesterday
on the Baltic, and they had their
troubles with the passport officials 20
convince them that Mrs. Rowes British
sccent was really American; and the
passport officials had their troubles
with Mrs. Rowe 20 convince her that
she was not British.
aust fancy" she cried; they want
Cd ne 10 swear that I WAS g native born
American. ! don't mind being an
American, for everybody knows I'm not,
but 20 be q native born American
me-"
More complications await the bride
in London. Although her father is
wealthy and member Of the London
County Council, his daughter viii be
under police surveillance, as 8 resident
alien. so long as the war lasts.
ats absurd, don't you know" she
ratified on, 90 the suffragists who came
20 bid her codspeed. 81 have known
that fat old Bobbie ever since I was Il
child We used 20 take him Christmas
presents every year. and now TO think
that ] have 90 have his permission be-
fore ] can take a walk in my fathers
village"
Little Eva" ss she is afectionstely
called because OF the fact that she is
oaly sX feet three, intends 20 be per
fcctly conventional and DO her best in
England 20 live up 20 the role of re-
formed feminist Her family, of which
hrs. Humptry Ward is & member, are
Conservative.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-12-15
p. S. Commissioners Also
Order Company to Heat
All Carriers
HEALTH RULE LIMIT
ON FARES CENSURED
Seating Capacity To Be
IncreaSed-COmfOrts
for Passengers

The Brooklyn strsphsngers found Joy
yesterday In the action OF the Public
Service Commission censuring the
Brooklyn Rapid Transit Company for
failing TO provide adequate surface car
service and ordering the company TO
provide as rapidly as possible $50 new
cars TO supplement those now in use
on the various lines of the constituent
companies. The commission ordered
that ali tho new cars must be OH the
rails by February 1, 1918.
Commissioner Travis Fl. Whitney
wrote tho opinion on the surface tran
sit conditions Of the Brooklyn Rapid
Transit lines, which the commission
adopted and followed up with the order
against the company. Commissioners
Whitney found that the principal trou-
bic on the Brooklyn surface lines was
TIE large number of small cars with a
seating capacity &c only twenty-four TO
twenty-six. The order provides that
the new cars shall 10 Of the stepless,
centre door type, with a seating ca
pacity Of ffty-eight. The Commits
sioner criticised the existing regulation
of car accommodations by health ordi-
nances.
Health Rule Censured
at is obvious" he said, chat street
car service in this city cannot be regu-
lated by so-called health ordinances.
These directly limit the number OF pas
sengers which may be accommodated
aboard a car. While limited number
are thus given better accommodations,
the rest are denied accommodations
altogether or are compelled to wait an
unreasonable length of time"
He declared that the street railroads
should provide additional facilities so
that all might be carried with a fair
degree of comfort and rapidity.
The Commissioner also censured the
Brooklyn company for not adequately
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-12-15
POLICE DEPARTMENT

rrznsfers.-Dec. is-Pumn. william W Hop
hn. Tranc 9 70 65th. Charles II. Nash Trans
y to "a. Charles +. Foye. rrarc A % rrsrrc ..
Temporary tolsnmsnh.-Lleuts Charles y fN-
~T 33d 20 e o.. Il days, De, 20. Michael Y.
Kelly, An I. D., % command 1891 De. Is 70 Dee.
81. Charles Z. les. 2s5th. 20 command 21sth. Deo-
is during shsenoe o. captain on sicA rspnr Sergt.
Charles D. Burns. lsl.t. 70 orcs. q Borough e
spoctor. Brooklyn, 10 du,. De-. II ptlmn. VIII
15 chiuneuH. 30 days. Dee. li John Williams.
1891. 10 l5lst. a. operator Of motor patrol wagon.
Dec. ~. during absence Of operator % sick repor
Temporary Assignment 20 lf6th discontinued
Thomas w LsrSin. 277,h. 10 5lst. az station ho'z'
Attendant 90 DAYS Dec. II.
Assisnmsnh pl,eontInued.-Punn. Emnet y
Fsrrie 6th. and Beniamin p. Steer, $3.50. N Tel
Bur temporary. Dec. is; Cnariss ". kopke, 1874
TO Tel Bur Temporary. Der is, William Linden
lssth. TO Training school Temporary. De- r.
Leaves u Absence without py)-Iieuisnanis
Joseph o'Connor. listh, Jay, Dec - " y
Mulhil, Marine Div. day Dec. ~ ,s>rsssnis
NJ i. Walsh. "a. 2 days De- %; pf 9ainS'
T,.h d DIS ;S WIN, n D"i K:Ob lsya' is DAY
wSslsn, i2d. and Jane. Byrnes. lislh. ! day.
Dec. "a. T. 7 Gleason. 2.d. and " Il. Gerlang
iieth. day. Dec. 20 J. J. Quinn. 2eih: Thomas
Maher. i2d. and John Behrins lSsth, day.
Dec. Is; n. +. Fulton. SSH. day, Dec; ssi
w. f. sharland. 3sth ! DAY. Dee. 81: charles
Rose. SSH. day. Den 81 J; j. Cunninsh.nl,
% T,@ Iqd'T P.%6 IS. lSid W f M. Rf ,
days, Dec. "a; Franz sa,o.. i;5th. d.y: Dee.
IS; ". J. Miller. i5sth. day. jar. 2. Herman
schiefer. I5sth. l day. Dec. II; Charles Dsuna.
esd, days Dec. "a
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-12-15
SYNAGOGUE SERVICES

Adath Israel Of New York, 203 East
Broadway, the Rev. &. Wolf Margolis.
Adsth Israel, 551 East 169th st., The
Bronx. the Rev. Mayer KOpfstein, this
evening.
Ansche Emeth Of West Harlem. AS
West l52d ST., the Rev. l.. Zinsler.
Ansche Chesed, Seventh az. and Hath
st., the Rev. Jacob Kohn.
Beth Jehuda. 904 Bedford sv- Brook
lyn, the Rev. Afreim Sarafan, this even
ing at s o'clock.
Beth Israel, 72d st. and Lexington av.,
the Rev Aaron Eiseman; tomorrow
morning, "Rising Above the Tempts-
tons. Injustices and Misfortunes OF
Life
Beth Emeth Of Flatbush, Church av.
and Marlborough Road. the Rev. Sam
uel J. Levinson, this evening at S:l5.
Bethel, Fifth av. and 18th ST, the
Rev. Samuel Schulman. tomorrow
Bethel OF Gre.npoint, the Rev. s. ].
Rome, this evening at o'clock.
B'nai Sholsum, 9th St, Brooklyn, the
Rev. W. Friedlander.
Fall Assembly, December II, S:15 p. NJ
december Is at 10 a. m, at Temple
Emanuel, Fifth sv. and AID St, New
York, and Eighth Avenue Temple, cor
rer Eighth av. and Garfield Place,
Brooklyn, Monday, December IS. at 10
e. Chain, io7 East s2d ct, the Rev.
Davidson; tomorrow morning, What
Kind of Liberty Will Bring Peace 70 the
World?" .
evening At $3.50, religious worship. Leon
Coldrich. speaker; Sunday evening. at
s.A5 Robert A. Crosby. Of the Uni
yersity Settlement, will SPEAK on Inc
citizen and His Servants"
Israel Of Harlem, LenoH av. and
tooth St. DR.. VI. II. Harris, this even
ing "How Shall We Answer the Doubt
or Too ?" Tomorrow evening, inc
Law OF Compensation"
Israel OF Brooklyn, Bedford av.' the
Rev. Nathan KrasS.
Mount Neboh. zoos Amsterdam av,
the Rev. Abraham S. Anspacher.
Mount Zion, 81 West 18th st. the
Rev Is. A. Thinner, this evening.
Rodeph Scholom. l84I Lexington
Az. the Rev. Rudolph Grossman' to-
morrow morning.
sheerith Israel. 10th st. and Central
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-12-15
PAvLOWA APPEARS IN COURT
Dancer and Toto. Clown, Charged with
Violating Sunday Entertainment Law.

bdhtcI ana lOtO, NloWnt tnSIgcu Win
Violating Sunday Entertainment Law.
Ann Psvlows, classic dancer, and
Toto, Hippodrome clown, have fallen
afoul the law. They were summoned
TO appear in Yorkville Court yesterday,
charged with violating Section 2152,
which prohibits "minstrelsy" and other
forms of entertainment on Sunday. The
violation consisted Of their appearance
last Sunday night at an entertainment;
az the Hippodome for the benefit Of the
Home for Hebrew orphans.
Detectives from inspector Morris's
staff, who visited the Hippodrome, ap-
pesred before Magistrate Simms Mon
day and made q complaint against the
dancer and the clown.
Nathan Burkan. In court for them,
explained that the Hippodrome gave no
regular performance on Sunday, but
that the entertainment was a benefit
and that Pavlowa ard Toto donated
their services.
"Thc character Of the performance
has nothing 10 do with the case" said
the Magistrate, adjourning the hearing
a week.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-12-15
BUSINESS TROUBLES
Petition, In Bankruptcy

IRVING " STREET. general broker .ri raj
$40 so, sgsrlr ~ - hrosd"ay. has ne'i peiuo.
30 500. par value ~ e'1iries pledged collateral
large par ~ I'M debts were contracted 40 Tti-t
Among Tho rrsiiiprs are tho Cll1srs Trust Co N
ura. s. 0o0 Toured rucs Trust and Deposit
90. Sa.Hi'. soclrel Idca CITY National Bank
Slfl5. secured and Queens County Trust 90. q
EDWARD D. ANGER 60, and restaurant. at
petition vim liabilities Of t3l ai5 srd ss,s,. Of
$3.50. neisIng n stock $500. furniture and frt
g l, 100 dI osii4 -, 49, s'o1n,3 s. .nl
Anhe'i,cr Bush brewing ks,ociai.on. ~ - Louis
..-lg-,. s,cured by chsits,. morts.se 10 bought
HARRY 4 BtNYARD 60. lNCA ps,itio1
,a, bo,n hie,i ssa ans. te Harry A. Bunyari Co
John J.. Groom & Go. Magnolia y. e.. 1866
4 T. De IA Marc Pri1ung .aaaf Publishing 90,
That on August % 70 transferred a part n n.
property and gsTe chaiteI mortgage On stock al
fr'ure, y Was incorporated on March 4. 1915
LANSING " WALSH u 20I West ssth A.. la,
fled petition viii Liabilities OF ij.lI6 and ma
aiee. tl.516. al Isabelle J. Galaher. Asbury
/ SAMUEL GOLDSMITH. lissmtn. o, %
Catherine g., has fled petition with liabilities
Of t2.oss and no assets. lie vas formrely OF Vein
stein Goldsmith
Petition oIsml,pd
CHARLES sENDERs-,Iudz. Mayer has DIS
missed the petition filed on November % against
Charles Scudors. Livery and boarding stable. a. al
'heffy 81 on setIement WIN creditors AZ %
cents al the dollar
Bankruptcy seh.eul,
JAMES ". ELLIOTT. .uthor and publisher. o.
i55 West IAN S.. has filed petition. with liabu
ities $40 sis and nominal sssets slJ.095. consistni
Of untitled contracts. 81 sos: plates and once fur
nlturo 81 ST. and books. tl.17O. held BY III
United Printing and Llthogrsphins Company, o
Rochester Tie debts were contracted N New Yori
city and Rochester Among tho creditors arr Gran.
Vile L. Savsge II the H0tei 81 James. fl0.27T
money lent; Fred J. Menlam Hamilton Club chi
csgo. SllO'6. money lent: Heny Ashmunn, Green
hcid. Mass, $500. money lent. Henri +. Kan
dorg. At the Hotel Aston. $3.50; United PRINTING
and LithosrsphinI Company Rochester. N,lS0 So
cured and The Union Advertiser" Rochester
81. 0s2
Msy 1. Hartley. dealer IN butter and srrs. a
726 Third ava. hts fled schedules showing La
hilites Of S3S55 and assets Of sos, consisting q
fixtures. se-J. and accounts. 1888.
Receivers Appointed
WERBA LUESCHER OPERA CO.-Judse Grson-
bsum, Of tho Supreme Court. has appointed Rich.
ard Ash receiyerd tor tho WeTbs Luescher Opera
Co.. With bond Of $1,000. IN suit brought by
David Biphsm. on a judgment be obtained against
the company on May II. 1915. for 500 Tor money
advanced.
JOSEPH LEliPORT-Judgs Mayer has appoint
cd William c. Rittenberg receiver for Joseph Lem
port trading the J. Lemport Cloak and Suit Co.,
= 552 West Broadway bond $500 Liabilities are
s. 900 and assets s2.315.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-12-15
Didn't Have Gum in Mouth,
Merchant Tells Mag
iStrate KrOtel
THREATENED WITH
TRIP TO WORKHOUSE
Bardonnex's Counsel, Or.
dered from Room, to
Protest Ruling

Frank BardonneI, photograph
dealer, OF 54O3 Fifth Avenue, paid 50
yesterday for sucking a coughdrop in
court lie was also threatened with a
workhouse sentence.
Bardonnex ventured before Magis-
trate Krotel in the Tombs police court
on Tuesday TO apply for a warrant and
was held in $500 bail himself charged
with a breach Of the peace in chewing
gum.
It developed yesterday that II was
a coughdrop instead Of gum that he
had in his mouth. His attorney, Ben
iamin c. Ribman, Of 100 Broadway, es-
capped the workhouse by two minutes
the magistrate giving him that length
of time to get out Of court.
Ribmsn poked his head into vie"
when his clients case was called.
Don't you come in here again.
called the magistrate to the head and
the head withdrew. 81 can hardly
blame you for chewing gum" said the
magistrate 10 Bsrdonnex, when you
have such q foolish lawyer. You were
chewing gum, weren't your"
mo, sir" ventured the phonograpn
dealer. 81 was"--
He got no further. Magistrate kro-
tel interrupted him to call Lieutenant
Conner 70 the stand. Lieutennant Con
ner got as far as the remark that nc
had seen the defendants Jaws MOVING
"Of cours they were" e. claimed Aas
istrate Krotel. IL was looking stralghI
AZ him, and his jaws were gong 80
rapidlv that / was fascinated IL is
strange: the only places a man seem
10 select to chew gum are Dasep a.
game, a theatre or a pohcec our re
doesn't do il when he Is getting mar
,ied or when he is I'm church. lie seems
70 regard the police court as he would
a barroom or a skating rink. =. .
Mr. Ribman made one more valiant
s4temnt 10 follow his head into the
room II was frustrated by Magistrate
Krotel. who permitted Vi. Jesse henry
10 appear as counsel. through MN
Bardonnex succeeded in telling the
court that II was coughdrop ana ne
was fined So with an apology.
~ beg your pardon, then" was Mag
istrate Krotel's apology; anyway your
laws were going through all the mo mo
lions Of chewing. | have so many Iei.
lows like you before me that l ooh
know what brand they chew: II you
had pleaded guilty would have sus-
pended sentence" 49,,
"You didn't give me chsnee 70 Cei'
YOU what | was chewing" said barooh,
~ "T am innocent OF contempt, and
would like new trial" -,
az YOU say another word I'll SEND
Won 70 the wcrkhouse for ten days,
yesponded Magistrate Krotel. and Bar
donnex paid his fine and departed. RID
man declared that he would file rec
ord Of the case with the Bar Associa'
ton.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-12-15
The Synagogue in New York

Park West, the Rev. .. de sols Pool,
tomorrow morning. Chanuks ser
vices, 7:45 p. M. and z q. NJ.
Shaari Zedek of Brooklyn, Putnam
av. near Reid av., the Rev. Max
Raisin, this evening at s:15, "The
Message Of Tagore." Monday evening
Forum will be addressed by Miss
Holmes, recently from France. She
will tell Of her experiences at the
front.
Sinai OF The Bronx. e51 stebbins av.
AZ East 163d St, the Rev. Max Reich,
Ter, this evening at S:15, Dreams and
Dreamers." Tomorrow morning at
1918. "An Empty Life"
Tilfereth Israel Of Kensington, West
St, opposite Ditmss av., Brooklyn. the
Rev. Jacob Katz, this evening, Parent
and Teacher address by Benjamin
Veit, District Superintendent Of
Brooklyn Schools.
West End. 100 West SD st, the Rev.
Nathan Stern, tomorrow morning,
parental Thoughtlessness"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-12-15
Hasn't Changed Mind

"You can say for me that after being
in jail half a day haven't changed my
mind a Bit" snapped Mrs. Bersenger
yesterday. Il simply haven't got the
money. Ny daughter-in-law says ! am
well-to-do. My husband is an invalid
and draws only small salary as a
shipping clerk. All the property own
Is an equity in an apartment in The
Bronx. l bought this with money that
/ earned myself working as a dress
maker used 20 work for Mrs. Whit
man. wife Of the Governor"
Mrs. Hunt-Jones declared that she
had worked day and night to look after
her three children-Myrtle, Calvin and
Arthur-the youngest OF whom was
stricken with infantile paralysis last
summer.
Mrs. William Snyder, teacher in the
Richmond Hill Baptist Sunday School,
said that she had promised Mrs.
Bersenger to care for her ffteen-year-
old daughter while she was working
out her sentence. A group OF friends
called on Mrs. Bersenger in the jail in
the evening. Her husband, Adam Ber-
senger. said he would visit her to-day
will you offer yourself as q subsh-
tuto for her." he was asked.
Il will not" be replied emphatically-
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-12-15
WILSON GETS ONE IN w. VA.
Hughes's Plurality 2,72l, But One Re
publican Elector Loses

Charleston, W. Va, Dec. 14.-Al-
though Charles l.. Hughes carried West
Virginia by a plurality Of 2,72l, the
official count, nearly completed, shows
that President Wilson will receive one
Of tho eight electoral votes Of the
state.
Colonel 8. A. Scott, Republican
elector, who was placed on the ticket
following the resignation OF J. W.
Dawson, received a smaller vote than
Orlando De Pue, Democratic elector
Complete returns show that woman
outrage was defeated by 16l,6 07 TO
$3.50 larger majority than that
given the prohibition amendment when
10 was ratified i'm 1912.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-12-15
OLD AGE KILLS "PoP KRITz'
Yorkville's Scissors Grinder Was Too
Proud 10 Accept Preferred Food


"Pop Kritz," with his rickety scis-
sors grinder, his bell and his store OF
tales, is now only a memory to two
generations Of Yorkville children.
His real name was John kreitzmsn,
but he had almost forgotten that. For
forty years children had followed him,
begging Tor a story. If business was
good he bought them of with pennies;
If poor, he forgot hard times and spun
warns. For the last year Pop kritz,'
now seventy-nine, had been paying for
his popularity in stories alone.
Mrs. Theresa Janda, with whom ne
lodged at 40 East Seventeen Street,
wept yesterday when she told of how,
seeing that he was failing, she would
place tray Of food outside his door
in the morning. But he would never
touch It, she explained.
Yesterday the tray rested long out
side the door, undsturbed. When Mrs
Janda finally entered the room she
found that "Pop" had forgotten his
pride. Old age and lack Of nourish-
ment had killed him.