©a & So iPirasnsaissea
Whole No. 2875,
Poor House Business.
The Directors of the Poor meet at the Poor
House on the 2d Tuesday of each month.
Kishacoqullias Seminary
AND
NORMAL SCHOOL.
UiHK Summer Session at this institution will begin
I April 9, 1566, and continue 20 weeks. Cost for
Hoarders per session, #75. Day scholars, 112.
Special attention paid to Normal Class this session
i'iie assistance of the County Superintendent is ex
pected For particulars address
inar2l-3m S. Z. SHARP, Principal.
CrSO. W. ELDER,
Attorney at Law,
'office Market Square, Lewistown, will at
''.end to business in Mltflin. Centre and Hunting
don counties cov2G
IE Ix, J&q HDJtXISIMSSS'd
U. S. Examining Surgcnn,
\\ r EST Market street, Lewistown, two
II doors from the diamond, offers his
professional services to the public. By au
thority from Washington he has been ap
pointed an Examining Surgeon. fel>7
EMEo 2c 080 EC2ikMSr®2IEaIiSJB
DENTIST.
OFFERS his professional services to the citizens of
Lewistown and vicinity. All in want of good, neat
work aill do well to give him a call.
He may He found at all times at his office, three
dcors east of 11. M. A R. Pratt's store, ValleT street.
apM-ly*. |
M. R. THOMPSON, D. D. S.
U AVISO permanently located in Lewistown. otfors
his professional services to the ladies and gentlo
men of this place and vicin- j
Ity. Heing in possession
oi' all the late improve- j
ments in the Dental Profes
oi. sion. he flatters himselfthat
he can give entire satisfac
* y - tion to those who may need
ss[| i his services in ail branches I
of his profession. Refer- j
enoes —best families.
Office west Market street, near Eisenbise's hotel, !
"re he can be found for professional consultation ;
Jrotn the first Moudav of each mouth until the fourth j
Monday, when he will be absent on professional biisi- ;
uess one week. maylO-tt
1806.
M; W ' GOODS!
Al
NATHANIEL KENNEDY'S
sto n m ,
In the Odd Fellows' Hall.
I UST received from Philadelphia, a
vJ very choiee assortment of
tlA\j aTIICD,
Ginghams. Flannels, Checks. Hickory, Foreign and
Domestic Dry Goods of a 1 kinds.
ALSO,
Sugars, Coffees, Tens, Choeolnte,
Essences ol Coffee, (pieenswarc. Stone
ware. Hardware and Cedarware,Shoul
ders. Hams, Mackerel, Herring,
Sliad, Roots and
Shoes, (.rain Hags. Also,
n fine lot of Whisky,
It It A N 1J Y ,'
Wine and Gin,
SALT. Ac.,
Ac., Ac,
which will be sold vcrv low. Country Produce taken i
in t-xchango for goods by
N. KENNEDY.
I.ew-itown. October 11. 1865.
Lewistown Mills.
TIIE
Rllillt&T CASH PRICES Pilß WHEAT, AND
ALL KINDS OF GRAIN,
■or received it on storage, at the option of those
having it for the market.
They hope, by giving due and personal at
tention to business, to merit a liberal share of
public patronage.
tegrPLASTER, SALT and Litnobarners
130AL always on hand
WM. B McATEE & SON.
Lewistown, Jan 1, lbG5.-tf
WHAT'S ALL THIS?
Why, the Grain Business Reviv
ed at McCoy's old Stand.
r rMIE undersigned, having rented the large
I aud commodious Warehouses formerly
•occupied by Frank JfcCoy, esq., is now pre
pared to purchase or receive and forward
All Kinds of Grain,
for which he will pay market prices. Also,
he will keep for sale, Salt, Plaster, Coal &
Fish.
lie returns thanks to all his old customers
T 'or their former patronage, and shall feel
grateful fur a renewal of past business rela
'tions. He has also ao.epted the agency for
the celebrated
IKUBVAOHB SJilfflldSo
J/erchanta will find it to their advantage
to give him n call.
marl4-ly W.V WILLIS.
NEW
BOOT & mm STORE
IN THE WEST WARD.
The undersigned has just opened a new and laree
stock of BOOTS and SHOES in Major Buov's
store room, West Market street. Lewistown a few
ioors from the diamond and opposite Eisenbise's Ho
tel, where will be found an entire new stock of Fash
ionable
HOOTS, SHOES, GAITERS,
SLIPPERS, cScC.,
for Ladies. Gentleman, Girls, Boys, and Children, se
lected with much care, and whien will be sold at rea
sonable. prices for cash.
Onseou work will also be punctually attended to,
this branch being under tho superintendence of Wm.
T. Wenta. an old and experience workman.
REPAIRING also attended to.
The public, as well as his fellow soldiers, are invited
do give him a call and examine his stock.
FRANK H. WENT/,.
Lewistown. Sep'. 6.186.',
Major Gen. John W. Geary.
HIS PUBLIC SERVICES
John W. Geary was born in West
moreland county, Pa., and although
now only forty six years of age, has
already won a lasting fame by his ad
herence to the cause of right and duty
in the different parts of the country in
which he has been placed, in civil, mil
itary, judicial and executive positions.
Having lost his father very early in
life, he was thrown upon his own re
sources, and not only supported him
self, but bccamo the stay of his widowed
mother by teaching a village school;
during whicji time he also, by perse
verance, industry and commendable
eeonomy, acquired means to procure a
classical education, which he completed
at Jefferson College, Cannonsburg, Pa.,
created life long friends among profes
sors and classmates, by the early ex
hibition of those same sterling qualities
that have since endeared him to so
many others in social and in public
life.
Having finished his collegiate educa
tion lie assumed the profession of a
civil engineer, in the practice of which
he went to Kentucky, partly in the
employ of the Commonwealth, and
partly in that of the Green River Rail
road Company; and was engaged in
the survey of several very important
branches of the public improvements
ot that State. After an experience
with tho Engineer Corps in many of
the States, he successfully filled all the
various offices from a clerkship to the
superintendency of the Allegheny Por
tage Ruilroad, and during several years
discharged the duties of his responsi
ble positions with complete satisfac
tion.
When the war with Mexico was de
clared, he was among the tirst who
responded to the call for volunteers,
and was accepted, along with the
•'American Highlanders/' of Cambria
count}', which splendid company he
then commanded. They were incor
porated in 2d Pennsylvania Regiment,
of which, upon its organization, he was
almost unanimously elected Lieutenant
Colonel.
His regiment joined the army of Gen.
Scott at Vera Cruz, and served in the
advance under the command, and on
the line of operations, of that great
chieftain through his brilliant cam
paign in Mexico. Geary was attached
to Gen. Quitman's division, and dis
tinguished himself in the of
"La Ileya," "Chapultepec," "Garita
de Belen," and the "City of Mexico "
Upon arriving at the capital, his col
oncl having died, he was elected colonel
by a vote of more than two-thirds of
the command. This compliment was
not the iTsult of mere friendship or
political preference. It was the reward
for his own good conduct from the
hands of the gallant soldiers—the
spontaneous and grateful gift of asso
ciates in arms —the brave men who
had fought by his side, shared his pri
vations, suffering and dangers,and who
witnessed and knew best how to appre
ciate his merits.
The war having closed, Uol. Geary
returned with the remnant of his com
mand to his native State, and the peo
ple of Pittsburgh will long remember
the enthusiastic welcome he received
upon his arrival among them. Hon.
William Wilkins, in a public speech,
complimented tho services of tho gal
lant, weather-beaten and war worn
troops, and the excitement of the
universal jubilee ran to the highest
pitch.
On the 22d of January, 1849, in re
turn for his services in Mexico, Presi
dent Polk appointed Col. Geary post
master at San Francisco, which, in
consequence of the then recent diseov
ery of gold in California, had become
a port of considerable consequence.—
He was also empowered to create post
offices, appoint postmasters, establish
mail routes, and make contracts for
carrying the mails throughout Califor
nia. He was thus placed in the way
of his subsequent and almost unparal
led successand popularity among the
heterogeneous population of the Eure
ka State.
On tiie Ist of August, 1840, the mu
nicipal election of San Francisco took
place, and although ten different tickets
were framed for the various minor
offices, his name appeared at the head
of them all, and he received every vote
i cast that day for the office of First
Alcacle, it being at that time the most
important, responsible and difficult
office in the State of California, it
required administrative and executive
abilities of the rarest quality. The
population numbered 20,000, almost
entirely adult males; drawn together
from every section of the world, and
possessed of every imaginable variety
of character.
To effect anything like a proper or
ganization of the city, and establish an
ordinary police force, from the eha-
I otic material and rebellious spirits that
WEDNESDAY, JUNE 20, 1866.
then existed, wasot itself an herculean
task. But added to this the duties of
Alcade embraced those of every one
of the customary offices of a city
and county jurisdiction. He was a
Mayor, Sheriff, Marshal, Probate Re
corder, Register of Deeds, and even
Notary Public and Coroner, lie daily
held an ordinary police or mayor's
an alcade's court lor the minor cases
and general executive matters of the
city; a court of the first instance with
universal, civil and criminal jurisdic
tion; and a court of admiralty lor mar
time cases. Jn a word, he was the
curator of the public, doing everything
that was to be done, even to the hold
ing of inquests and taking acknowledg
ments of deeds. And so well did he
perform all these varied, arduous, com
plicated and difficult duties, that at the
expiration of his first term he was re
elected by an almost unamimous vote,
the city in the meantime having more
than double its population. During
the time ofholding the office of alcade,
Col. Geary tried, as J udge,over twenty
five hundred civil and criminal cases,
and from his decision not over a dozen
appeals were made, and one decision
was ever reversed.
On May Ist, 1850, the first city char
ter was adopted, and Col. Geary was
elected Mayor under its provisions by
a large and flattering vote. The man
ner in which he discharged the duties
of this position can best, be understood
from his inaugural address to the city
councils, and numerous subsequent
messages, all of which are on file, and
have been published, as well as front
the fact, that at the expiration of his
term of oftice a petition, numerously
signed by the most prominent citizens,
without distinction to party, was pre
sented, requesting him to be a eandi-
date for ro election, which hodeclinet,
The I legislature, however, having
created a "Board of Commissioners ol
the funded debt of San Francisco,"
Col. (Icary was appointed a member,
and upon the organization of that
body was elected President. Here, too,
by his financial knowledge and judi
ciotis counsels and advice, he rendered
valuable service to the city. Besides
all this, during his residence in San
Francisco, lie was Chairman of the
Board of Health, had assisted in the
organization of Masonic and Odd Fel
lows Lodges, and was in fact instru
mental in establishing comfortable hos
pitals for the sick, and was connected
with every charitable institution of the
place. Ho signalized himself by bis
courage and intrepidity in arresting
the progress of the great fires, and by
the promptness with which he answered
the call of the authorities of that city,
rendered ellicicnt aid in suppressing
the squatter riots at Sacramento.
In the year 1849, when Col. Geary
was a resident of California, a Conven
tion was formed to frame a State Con
stitution, and some of our readers still
remember the intense anxiety and ex
citement which prevailed throughout
the country regarding the result of its
proceedings The pro-slavery Demo
crats of that time were determined
that California should onlv be admit-
ted into the Union as a slave State,
and for the sole purpose of exerting
their influence in that behalf, many
removed from the Southern States to
that distant region. The plan was
well conceived, and intended at all
hazards to be accomplished, to insert
the slavery clause into the Constitution,
and forward it with hot haste to Wash
ington for adoption without presenting
it to the people for ratification. Col.
Geary was thoroughly acquainted with
tho programme, and resolved that the
proposed measures should not be effect
ed. He accordingly took strong
grounds against them, and used all his
influence, which was then equal, at
least, to that of any man in the terri
tory, first to have omitted the clause
legalizing slavery, and secondly to
prevent the Constitution; when adopt
ed by tiie Convention, from being sent
to Congress until after it should be
submitted to a vote of the people and
had received their approval. No man
could have labored more earnestly and
successfully than lie did to effect these
two objects, both of which, after a
most terriole struggle, were accom
plished, and California was received, ;
tree from ihe stain of slavery, into the !
Union of States. It is not too much
to say that had it not been for the
active part taken by Col. (leary against
the pro slavery part}' then in Califor
nia, this result might not have been
accomplished.
Private affairs of great importance
requiring his presence in Pennsylva
nia. Col. Geary leit San Francisco in
February, 18152, and repaired to his
farm in Westmoreland county, where
he remained until again called into ac
tive .public life, through his appoint
ment, by President Pierce, as Gover
nor oil Kansas Territory, which ap
pointment. without the usual refcrenco
to a committee, was confirmed by a
unanimous voto of the Senate.
He received notice of thin appoint
ment in July, 1850, and having delay
ed only lonenough to receive his in
structions and make the necessary ar
rangements, he proceeded to Kansas,
reaching Fort Leavenworth on the
oth of September following.
No pen can adequately describe the
terrible condition of the territory at
tho time of his arrival. The scenes he
had witnessed in California were being
re-cnacted, with horrors greatly inten
sified. Civil war was l'Rging with more
than fiendish ferocity; and all on ac
count of slavery. Men were flocking
from all parts ot the South, of desper
ate character, with passions inflamed
to the highest pitch, and with tho ex
press ard avowed purpose of making
Kansas a slave State by any means,
however fair or foul! And these again
were resisted by actual settlers "and
new comers from tho free States,
equally as determined, though not so
brutal and ferocious. The fiercest pas
sions of human nature, witli all their
dreadful consequences, were visible on
every hand. The smoke of burning
buildings blackened the air; fields of
grain were laid waste and desolate;
women and children were driven starv
ing and naked from their homes to per
ish on the desolate prairies; and the
dead bodies of murdered men were
strewn along the wayside. Chaos
reigned supreme—pandemonium had
poured forth its demons—and' crime,
in all its most hideous forms, ran ram
pant through the land.
Such was the gloomy prospect that j
presented itself to the new Governor. I
A man of less nerve would have looked ;
upon it with amazement, and with dis ;
may fled from the scene, as did two of j
his predecessors, and many others, j
But Gov. Geary was not the man to !
be to be easily intimidated. lie had 1
passed already through many a fiery j
ordeal. lie took in at a glance the i
entire situation. From this dismal ;
chaos, from this hell of discord, from
ail this terrific and confused mass of j
conflicting passions, he was expected
to produce order, peace and harmony.
He faltered not, however, but buckled
on liis armor, and in good earnest ap- i
plied himself to the difficult task. And i
so earnestly and effectually did he do- !
vote himself to the work, that as early !
as September 30th, bo was enabled j
truthfully to write to the Secretary of |
State, saying:
"Peace now reigns in Kansas. Con 1
tidence is gradually being restored.—
Settlers are returning to their claims, j
Citizens are resuming their ordinary !
pursuits, and a general gladness pre
vades the community."
He had arrested criminals, driven
brigands from the roads, disarmed and
disbanded invading armies, and insur
ed protection to all peaceable citizens!
But this state of tranquility, thus '
effected, was precisely the reverse of
what the pro-slavery party in Kansas !
and the administration at Washington
desired Gov. Geary's course, instead ]
of Receiving their approval, met their
decided condemnation. It was inten- ;
ded that the agitation and excitement
should continue until the Free State j
men were either annihilated or driven '
from the 'Jerrilori) , and the pro-slavery j
part}- could have everything in their ;
own hands Ilcnce the Governor's re- j
ports to Washington were cchliy re- !
voiced, and, if answered at all, as cold
ly answered. There was no mistaking i
the tenor and spirit of their communi- !
cations. In the meantime the leading j
ruffians were becoming more and more ;
emboldened by the encouragement j
they received from the seat of the !
General Government. At the Leeomp- ■
ton postoffice, the Governor's letters
and papers, both private and official, j
were opened and their contents scru- ;
tinized. The few troops that had been
loft to guard his person and official
documents, were gradually removed ;
by order of Jeff". Davis, then Secretary
of War. Pro-slavery murderers whom
he had caused to be arrested, were ;
liberated by order of Chief Justice j
Leeompto, and public meetings were |
held in which he was denounced as an i
Abolitionist for refusing to give his!
sanction and assistance to the vile plots j
to force the institution of slavery upon
an unwilling people. One villian, ac
tuated and aiiied by others less bold,
was foiled in an attempt to assassinate
him on his departure from the Legis
lative Hall, and almost in sight of the
members there assembled.
To crown all, the pro-slavery men of!
all parties, the great majority, how
i ever, being old line Whigs, mostly
j from the .South, met together in con- ;
vontion at Lecompton, and organized
the "National Democratic Party."—
; There was much discussion in regard
; to the adoption of this name, the lead
ing men of the convention declaring
1 that they could not swallow the word
"Democrat ," having been life-long
"Whigs." But this objection was
j overruled, by the argument that the
! name would not change positions, while
I it would assure them the support of
EEIEFJPIkirSJ
"tho Washington Democracy." The
platform of the "National Democratic
Party," thus adopted, is clearly ex
pressed in the following unanimous
resolution of its Legislature:
' WHEREAS, We believe that on the
success of our party depends the per
petuity of the Union; therefore,
"Be it Resolved, By the House of
Representatives, tho Council concur
ring therein, that it is the duty of the
pro-slavery party, tho Union loving
men of Kansas Territory, to know but
one issue, slavery,* and that any party
making or attempting to make any
other, is, and should bo held, as an
ally of abolition and disunion."
In carrying out this doctrine, all the
Free State Democrats were excluded
from membership with the "National
Democratic Parly," not ono of them
being received into fellowship or al
lowed to. take part in its proceedings.
This platform was indorsed by the
Democrats at Washington at that time,
and was subsequently adopted and car
ried out by the President to the full
measure of perfect.on. So far as ho
had the power he ostracised all Free
Stale Democrats, no matter how long
or how faithfully the}' had served the
party.
Tho " National Democratic Party"
being thus organized, the next move
ment was to commit Governor Geary
to its policy. Accordingly, the Chair
man of the Central Committee called
upon the Governor, with the assurance
that if he would connect himself with
the party he should bo one of the two
United States Senators soon to be cho
sen. The Chairman urged tho matter
with such determined pertinacity that
Governor Geary ordered him out of
his office, and declared that if he should
dare again approach him with so vile
an offer he would toss him through the
window.
Soon after these proceedings a Con
stitution, known as the "Lecompton
Constitution," we received in Kansas
by the "National Democratic Party,"
direct Irom Washington, where it had
been carefully prepared ; and agreea
bly to the directions accompanying it,
an attempt was made to have it adopt
ed by an improvised convention and
returned to Washington in the short
est possibte time, regardless of the
known wishes of the people. An act
of the Legislature to this effect was
immediately passed, which was vetoed
by Governor Geary, for several rea
sons, the most prominent of which
were, that no provision was made for
submitting the Constitution to the peo
ple lor ratification, and that he was
satisfied that a large majority of the
actual residents of the territory were
decidedly and strongly opposed to the
institution of slavery, which the Con
stitution was intended to force upon
them.
This having occurred after the elec
tion of Buchanan* but before his inaug
uration, Governor Geary addressed
him letters, stating the true condition
of affairs; but received no reply. He
did, however, receive positive evidence
from other sources, that the newlv
elected President had abandoned the
true Democratic principles and adopt
ed the platform of the " National Sla
very Democracy." Hence, Governor
Geary resolved at once not to hold an
office under his administration, and on
the day he was installed in the Presi
dential chair, wrote and forwarded his
resignation as Governor of Kansas. —
On the 10th of March, 1857, ho loft the
territory, and again returned to the
quietude of private life. Had Gover
nor Geary been sustained in his hon
est and manly course, in Kansas, by the
administration at Washington, there
is reason to believe tin destructive war
through which we ! vo just passed,
and was then foi-e wdowed, and
oven threatened, migc' never have oc
curred, and the hun.ir< is of thousands
of brave soldiers who now sleep the
sleep of death, would he living to bless
with their presence the homes made
so sadly desolate.
Although Governor Geary thus re
fused all connection or fellowship with
the " National Democratic Party," he
persisted in adhering to the doctrine
he advocated in California sixteen
years ago, and still more recently in
Kansas, that the institution of slavery
should not bo forced upon an unwil
ling people, and never hesitated to ex
press his disapprobation of the insti
tution in all its forms, sentiments
which have since formed the basis of
the Union .Republican platform.—
Hence, after his return from Kansas
he associated himself with the party
that sustained Stephen A. Douglas,
which was greatly instrumental in
breaking up tho pro-slavery faction,
and effecting the election of Abraham
Lincoln to tho Presidency, a result
which he foresaw and was desirous of
having accomplished.
No .sooner was the result of that
election known, than plans were being
adopted by the "National Democracy"
to fulfill their oft reiterated threat to
Vol. LVI. No. 25-
destroy the I nion. Consequently,
when after tho inauguration of Mr.
Lincoln, a war against rebellion be
came inevitable, Governor Geary was
again among the first to offer his mili
tary services to the Government. Ho
raised and equipped, at his own ex
pense, the 28th regiment ot Pennsyl
vania volunteers, of which he took
the command. With this splendid
regiment, numbering over 1600 men,
he entered tho field in July, 1861, and
continued in active service during tho
entire four years of the war, with tho
exception ot twenty-eight days, and
when ho was incapacitated for duty by
wounds received in battle.
T or meritorious deeds he was promo
ted to the rank of Brigadier General
on tho 2oth of April, 18(52, and Bre
veted Major General January 12th,
1865, "lor the fitness to command and
promptness to execute."
L' rom reports filed in t ho office in tho
Secretary of War, it appears that dur
ing his term of service General Geary
was engaged in over fifty hotly con
tested battles and important skirmish
es, besides many other of lesser note.
Among these engagements may be
especially named that of "Bolivar
Heights," "Cedar Mountain," the three
days' fight Chancellorsville, the
struggle at Gettysburg, which also
lasted three days, and resulted in driv
ing back the enemy from the soil of
Pennsylvania, "Wauhatchic," "Look
out Mountain," "Mission Ridge,"
"Ringgold," "Triano,'' "Mill Creek and
Snake Creek Gaps," "Resaca," (two
"New Hope Church" (sevon
days.)"Muddv Creek," "Nose's Creek,"
"Kolb's Farm," "Kenesaw," "Pine
Hill," "Marietta," "Peach Tree Creek,"
siege and capture of Atlanta (twenty
d a y s >) siege of Savannah (ton days,)
which was captured by his division
ten hours before any other troops
reached that city, as was also Fort
Jackson, both of which places were
surrendered in person to Gen. Geary.
In this capture three hundred and
fifty prisoners, one hundred and four
teen pieces of artillery, thirty-eight
thousand five hundred bales of cotton
and five ocean steamers, with an im
mense variety of ammunition and
other stores, fell into the bands of tho
victors.
Upon the capture of Savannah Gen.
Geary was appointed Military Gover
nor, which position he filled with sig
nal credit to himself until lie was re
: lieved, that he might accompany the
triumphant army of Sherman in its
further march through the Carolinas.
In the battle of Bolivar Heights ho
received a severe wound in the right
knee, and at Cedar Mountain he was
, slightly wounded in the left ankle, and
seriously through tho elbow joint of
the left arm. He was also struck in
the right breast and severely injured
by the fragment of a shell at Chancel
i lorsville.
His two sons accompanied him to
the field, the eldest of whom, a young
man of eighteen years, who had ad
vanced himself by sterling ability to
the command of a battery, with tho
rank of Captain, and gave promise of
the utmost capacity and usefulness,
was killed at the battle of Wauhatchie.
"At the time that he fell," says an elo
quent riter, "he was acting as Lieu
tenant of one section of Knapp's Bat
tery. As an artillerist he had no su
perior in the army. His gun was his
pride. He was always beside her,
and his aim was unerring. At this
battle about twelve hundred and fifty
men, under command of Gen. Geary,
were attacked from an eminence, by
live thousand of the enemy, at twelve
o'clock at night. The unequal tight
gallantly accepted, and though the
command was at first thrown into
some disorder, they speedily rallied,
and not only repulsed, but drove from
the field the vastly superior numbers
of the enemy. In the hottest of tho
fight—in tho act of sighting his gun,
his forehead was pierced with a bullet,
young Geary fell, and instantly expir
ed. Ilis father coming to tho spot,
clasped in an agonizing embrace tho
lifeless form of his boy-then, mounting
his horse, dashed wildly into the thick
est ranks of the foe, and rode like an
avenging spirit over that bloody field,
until the enemy were utterly routed
: and put to flight." This Gen. Hooker
pronounces the most gallant and suc
cessful charge that has come to bis
knowledge during the war.
In his official report of this battle
General Hooker says:
"During these operations a heavy
musketry tire, with rapid discharges
of artillery, continued to reach us from
; Geary. It was evident that a formi
dable adversary had gathered aroflnd
him and that he was battering hini
with all his might. For almost three
hours, without assistance, he repelled
the repeated attacks of vastly supe
rior numbers, and, in the end, drove
j them ingloriously from tho field. At
one time they had enveloped him on
i three >ides, under circumstances thai