The citizen. (Honesdale, Pa.) 1908-1914, October 30, 1912, Image 1

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Flno Job Work Promptly Ex
ccutcd at Tho Office.
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3 -
70th YEAR -NO. 87
ury Drawn in Less Than Three Hours First
Witness Called Tuesday Morning--Fiiay Finish
After tho usual court business on
ondny afternoon tho case of tho
oiumonweaun against .iiursuuu j.
niin.ird was cancel ior tnui. uis-
lct Attorney M. B. Simons announc-
that he had ten criminal cases to
o tried mis ween, iwo 01 wuiuu
ave been practically disposed of by
H UIMIMlUaULa UlUUIilllft hUllUi 1 "VJ
ere Com. vs. Frank Koelng for as
ault and battery and Com. vs. Wm.
Polt. Jr.. larcency. Sentence m
. .. ........ i
n iwn Piisna will uu uiuuuuuiuu liic
itter part of the week.
The Waymart homicide case was
hen taken un. Marsden a. iiuu-
ard was arranged before Judge A.
Searle and tho question pur to
lm by the District Attorney after
he reading of tho Indictment charg
ng blm with tho murder of Thos.
lolphin last July at Keens, as to
nether he was guilty or not guilty,
le answered "Not Guilty." Hub
ard sat at his counsel's table with
iinrnnvs i' . f. ivimuiu uuu v . xi.
,ee, He was told to stand up wmcn
io promptly did. Prothonotary W.
r. Barnes pronounced tho customary
nterrogatlons: "Are you ready for
Mii. rlnl7" "Voa " rnnllpH Hiihhnrd.
'How will you be tried?" to which
old that he had the right to cnai.
ence twenty
tnd more If
The work of empanelling a jury
t it. i . - .. .1 r- f ,
twenty-eight names called there
were sixteen challenges but tho
panel was complete In less than three
The jurors drawn to try the case
EMERY BLACK, farmer, Lake.
8. I). BARXES, miller, Starruccn.
V. E. BUSH, carpenter, Lejiigli.
IS. M. BRIGHAM, teacher, Damascus.
N. P. DEXXIS, farmer, Damascus.
GEORGE Ij. ECK, farmer, Dyberry.
II. E. FRICK, farmer, Sterling.
J. ADAM KRAFT, insurance agent,
OLIVER LOCKLIX, farmer, Pau-
A. SIMPSON, Drcher.
J. STONE, lalwrer, Salem.
JOHN W. WATSON former, Salem.
Judge Searle congratulated tho at
where body lay. Exhibit No. 2 show
ed house occupied by tho Dolphin
family. Exhibit No. 3 was a picture
of bedroom doorway taken from the
living room. Exhibit No. 4 picture
of bedroom from doorway. Exhibit
No. 5 was a picture of samo room
from different angle showing door
and dresser. Exhibit No. G shows
body of Thomas Dolphin, show
ing bullet wounds. Exhibit No. 7
was the picture of doorway leading
Into dining room from living room.
Exhibit No. 8 Is picture of doorway
leading into bedroom, showing door
closed. Exhibit No. 9 shows bed
room from living rooms, almost di
rect view.
DlBtrlct Attorney Simons present
ed the photos to the jury and ex
plained that they were to show tho
position of the rooms In tho Dolphin
house where tho shooting occurred.
William James sworn: He stated
that 'he lived in Canaan township
about 40 rods from the homo of
Thomas Dolphin. He said ho was
Mrs. Dolphin's uncle. His testimony
ran as follows: Dolphin's family
consisted of his wife, his wife's moth
er and two children, aged 5 years and
2 years respectively. I was at tho
Dolphin home on July 27 in the
evening. Mr. Hubbard came after us
and we went over and remained
Jurors pre-emptorily about an hour and a half. Later In
sufficient cause bo the night we were aroused by Mr.
Hubbard and Mrs. Dolphin and Mrs.
Leonard and Hubbard told mo that
he had shot Dolphin. Myself and
two sons, Earl and Edward, and Mr.
Edward Moran -went up to the Dol
phin house. A light was burning In
the front room and I went In and
blew It out. We then went to sev
eral neighbors' houses and got them
to go back with us. Here he was
Interrupted in his testimony 'by the
question from the prosecuting at
torney as to whether anyone else had
been at the house while they were
there. Mr. James answered "No."
He said that as they were going
home his two sons and Frank Davis
.were returning 'from Waymart
where they had gone early In the
evening. They stopped at the house
and then they had all gone home
together. They were not aroused
again until about one o'clock Sun
day morning. Mr. James testified to
torneys for the Commonwealth and-1 -? Kejseler. Romich
To vote the, Republican ticket,
Not ember 5, 1IM2, place an X In the
Iniv at tlio hciul of the first column,
as Indicated, on the margin of tlio
ballot. This Includes the Taft elec
tors anil all tlio Republican candi
dates mimed at tlio primary election
anil State convention. For the In
formation of tlio voter tlio Republi
can ticket Is hereby printed in full.
for the defense for their efficient
method of Retting a jury and stated
that he was -very much pleased that
the work had progressed so Bpeedlly.
After the jury was sworn, Constables
U. W Mills of Mount Pleasant and J.
W. Sherwood, of Preston were put
In charge of the Jury, and wefe id
wait upon them throughout the con
tinuance of the case. The Jury was
taken to the Allen House for supper
and cots were fitted up In the court
house for their occupancy Monday
night. Court adjourned at 4:60 to
meet Tuesday morning.
Tuesday Morning.
The court opened at 9 o'clock this
morning to resume the case. Dis
trict Attorney Simons gave a short
account of what would be proved by sheriff arrived.
the prosecution, lie said: I
"Gentlemen of the Jury: It Is one
of the sad duties of the prosecuting
attorney that he has to prosecute
people who have offended against
tho law ,H we will not spend much
time your opening address. The
testlm,ny of the witnesses will speak
for Itself. The defendant Is Mars
den Hubbard who you see sitting at
the defendant's table. Ho came to
Wayne county Bome time previous to
July 27 last and became acquainted
with tho family of Thomas Dolphin.
He spent some tlrao In that neighbor
hood while working for a neighbor
and practically made his home there,
and according to this neighbor and
as I understand had a suitcase at tho
homo of Thomas Dolphin, going
there Saturday nights and spending
Sunday there. His acquaintance
with the family progressed so rapid
ly that on July 27 ho went to tho
neighbor's house, where he former
ly worked and Invited the family up
to Dolphin's place to spend a few
hours of tho evening. After a few
hours they went home and later' they
were aroused by Mrs. Dolphin, the
defendant and the former's mother,
Mrs. Leonard. Tho defendant tells
James that he has shot Dolphin. Mr.
.Tamps nnd son eo un to tho Dolnhin
J houBQ but did not go In and after
nnltlnn .Mmt T. n t ll 1 - tj won
In the house and found Dolphin dead,
lying on the kitchen floor In tho
doorway leading Into tho dining
room from tho kitchen. Ho had
been shot and was dead.
"We propose to go on and show
you whero he was shot, tho examina
tion made by the coroner and by the
undertaker and having shown you
these acts wo aro going to ask you
to decide this caso as to whether or
not the defendant Is guilty or In
"The case will developo as you
have heard tho evidence. Thomas
Dolphin lived In Canaan township,
near the borough of Waymart. Ho
had lived there several years with his
wife and family and his wife's moth,
er, Mrs. Laura Lonord."
J. A. Bodio. Jr., -was tho first wit
ness called by tho prosecution. Ho
testified that he was a photographer
living In Honesdale. That ho had
-been in tho business about eight
years and had taken photographs of
tho Dolnhin bouse tho morning after
tho shooting. "Kino exhibits of pho-
tntrr.inhs were admitted as evidence
Erhlblt No. 1 was a picture taken
from dining room, looking Into the
kitchen of Dolphin homo, snowing
Moran, Earl James and himself, to
go in the house and look for Dol
phin. He said that he had gone In
first. The body was found on the
kitchen floor and was lying on the
left side. The right hand was up
raised and in the hand the dead man
oiutcneu a taoie tork which was
pointing downward. The narty con
eluded that the man was dead and
went away. This was probably 2
o clock Sunday morninir. Thev tried
to get word to the Coroner at Hnnes-
dtile and the Sheriff but It was about
hair-past four o'clock before they
were notified. Mr. Kimble came to
my house accompanied by the sheriff,
Hubbard was at my house at the
time. He had gone to the Dolnhin
house to get his clothes before the
For President nnd Vice President.
Presidential Electors.
I. Layton Register, William A.
Hclzman, Samuel J. Walnwrlght,
John P. Harris, 'Robert E. Altcmus,
John Diok, Qeorgo Jay Elliott, John
R. K. Scott, W. J. McCloskey, Robt.
M. Griffith, Frank H. Cavon, Frank
W. Munn, Robert P. Calrnes, Abram
T. Eastwick, Horace L. Hajdeman,
Edwin M. Rlne, Henry W. Palmer,
Henry H. Brownmlller, Fred. D. Ger
nerd, William C. Sechrlst, Malcolm
McDougall, Wm. H. Helm, John
Henry Deardorff, James Lord,
Josiah D. Hicks, Calvin Gilbert,
David Howells, Sylvester F. Bowser,
William E. Crow, Norman E. Clark,
Frederick Felix Crutze, Herman Si
mon, Robert Locke, William Schnur,
Georgo H. Douglass, Howard B.
Oursler, C. Elmer Bown, Patrick H.
Robert K. Young.
Archibald W. Powell.
John M. Morln.
Ferderick E. Lewis.
Anderson II. Walters.
Arthur R. Rupley.
William D. B. Ainey.
H. Clark Jackson.
ly Postmaster Allen Saturday Even
ing In Recognition of the Efforts
of Council In Fitting Up n
Fiist-Class PoMoffire.
Tho Allen House was tho scone of
a most elaborate banquet on Satur
day evening when Postmaster M. B.
Allen Invited tho members of tho
borough council and tho burgess to
feast with him In honor of tho new
homo of tho Honesdalo postolflce.
Tho members of the council who
were present were: Martin Caufield,
president, George W. Penwarden,
treasurer; John Erk, secretary; H.
C. Rettow, S. T. Ham, W. II. Krclt
nor. Thomas Canlvan and Burgess
Chas. A. McCarty. The party sat
down to the table at eight o'clock
and from start to finish the banquet
was a decided success. A most elab
orate menu was served. After par
taking of the good things to eat,
Postmaster Allen arose and explain
ed tho purpose of tho banquet. He
said that ho had taken that way to
show the council and tho burgess
that 'he, as well as the postal em
ployees and the patrons of the oiuce,
were well satisfied with tho
room that had been fitted up by the
council for tho postolflce In the city
hall and that he thanked them lor
making tho Honesdale postofflce one
of tho best equipped offices in this
nart of the state outside of olllces in
Federal buildings. President Cau
field called upon Burgess McCarty
to respond, which he did by going In
to the developments of the town in
the nast and Its chances for develop
ment In the future. The party ad
journed at ten o'clock after having
a social chat and cigars.
Cross-examined: Questioned by At
torney F. P. Kimble to the position
of tho body, he said that it lay on
the left side and the fork was clutch
ed In the man's right hand which
was extended upward.
.Mrs. Laura Leonard sworn: She
testified that she was the mother of
Mrs. Dolphin and that Mr. and Mrs.
Dolphin had lived with her since
they were married. Sho said that
Hubbard was there tho night of tho
trouble and that he was to occupy
the bedroom off from the living
room. Dolphin always slept up
stairs. I knew Hubbard bad a re
volver for I had seen him shooting at
targets a few nights before. (Hero
tho revolver was given to her to iden
tify. Tho stenographer took four
bullets from tho chamber, showing
that two shots had been fired from
it.) I heard the shooting when it
occurred In tho bedroom whero Mr.
Hubbard slept. Dolphin came out
of tho room first, Hubbard followed
him out, Dolphin went Into the din
ing room and Hubbard closed the
door between tho two rooms and held
It fast so that wo could get out of
the house.
Cross-examined: I kept a boarding
house, and Hubbard boarded with me.
Ho was my guest. It was not Dol
phin's house. They boarded with
mo. When I heard tho shots I wont
into the kitchen to get the lamp and
came back. I was behind the stovo
When Dolphin camo out of tho bed
room. Dolphin struck at mo with
something I supposed to be a fork
but was not sure. Ho did not hit
me but broke the chimney on the
Frank llomlch sworn: Said ho
lived near Hubbard's Stock Farm,
about half a mllo from the Dolphin
place, and ho was thero on tho day
following the shooting, having gono
after Mr. James camo for him. His
testimony was the samo as James' as
to the finding of the body.
Edward Moran sworn: He also tes
tified to being there when the body
was found and corroborated tho test!
mony of tho other two witnesses.
Dr. P. B. Petersen sworn: Ho tes
tified that he was tho coroner and
was holding that offico on July 27.
He said that 'he was called to tho
scene of the shooting and arrived
there a little after six o'clock Sun
day morning. Ho said that be ex
amined tho body and probed the
wounds for the bullets. The direc
tion of the wounds was upward and
to tho right and to a dopth ot threo
Inches: He said that the cause of
Dolphin's death was caused by bul
let wounds.
E. J. Burns sworn: He stated that
he was an undertaker and lived In
Carbondale; that he dressed the
body of Dolphin Sunday morning fol
lowing the shooting. He testified
that tho man clutched a table fork
when he saw It first. The fork was
held loosely in the right hand and
it was nn of fort to. take the fork-out
the "hand." HeMestlfled :Vo there be
ing four wounds5 on the body, one
In the loft arm.
Cross-examined: He admitted that
rigor mortem might have set in and
passed off before he got there at 10
o'clock in the morning and in that
case the grip on the fork would have
relaxed before 'ho arrived.
N. B. Spencer sworn: He stated
that he was tho county detective and
had been on the ground on July 28
He described the house occupied by
tho Dolphin family. Thero were
four rooms on the ground four and
a shed attached to the kitchen. Tho
front room ifaced the railroad and
was 1C feet 10 inches by 14 'feet 9
Inches. The dining room led off the
front room to tho back and was 12
feet Gxl3 feet. The kitchen led off
the dining room. The bedroom in
which the shooting occurred was
directly off the front room and was
11 ifeet one way and 0 ft. 9 Inches the
other. The bed took up tho greater
portion of the room.
F. C. Kimblo sworn: He testified
that ho was tho sheriff of Wayne
county and was there Sunday morn
ing, July 28. Ho saw Hubbard at
Mr. James home and made him
prisoner. They gave him the gun
and it had four cartridges In the
chambers. When asked If Hubbard
had said anything to him voluntarily
ho said that Hubbard bad said
have shot a man and did It In self-de
Dr. Petersen was again called: He
described the wounds on the body
saying that they were circular In
shape and clear cut. lie said he urn
not find any bullets when he probed
He -found shells on a stand In the
bedroom where the shooting took
place. When asked how long It took
for rigor mortis to set in, lie said that
ho could not tell for circumstances
altered cases. Ho said that ho was
in the opinion that it took from
four to live hours. It was between
four and five hours nfter tho man
was dead that ho arrived at the Dol
phln 'homo.
N. B. Spencer again called: H
Identified the shells taken out of the
revolver by tho stenographer as be
ing the ones that were In the gun
when he had seen It on September
17 In the district attorney's office.
He said he could tell by the marks
on them.
M. E. Simons sworn: He testified
that ho had received the revolver
from the sheriff In tho same condi
tion that it was now. On being
cross-examined he said that the gun
had 'been in his -possession ever since
Se -received- It with the exception of
one iay when Dr. f etersen examin
ed it.
N. B. Spencer again called: The
roof of the .bedroom in which the
shooting took place was offered in
evidence and he was called upon to
show tho Jury "where the bullet had
nntered it. He said that the bullet
he had had been found embedded In
the door.
Court adjourned -at 12 o'clock to
meet again at two o'clock this after
If Good Weather Prevails Tills Week
Considerable Work Will be Ac
complished Ready for Struc
tural Steel.
The new factory building for the
Gurney Electric Elevator Works will
grow this week, -providing that there
Is good weather. On Monday there
were seven bricklayers at work on
tho structure. Patrick McHale,
foreman, arrived from Philadelphia,
the first of the week and is now
In charge of this department of the
construction. About 18 tiers of
brick has been laid three quarters ot
the way around tho main shop. The
concrete window sills, which are
made upon the ground, were set on
Monday when tho brick laying was
resumed. The force of men in this
line of work will Increase In a few
One-half of tho shop Is graded and
ready for the steel structural, work,
Tho steel is expected by tho middle
of November. Everything Is In read
iness to go to work aB soon as it ar
Mr. Natress, who represents Day
& Zimmerman, architects, of Pniia-
delphla, has taken a series of good
pictures following tne course oi con
struction of the building since opera
tlons first began.
Mr. Engable, a member of the F
A. Havens' company, was a weeK
end visitor In Honesdale In the In
terest of tho concern.
Work Is progressing nicely taking
it as a whole.
Lakesido Town Is Threatened With
Total Destruction Friday Morn
ing Last. '
For a time Friday morning the en
tire business portion of Lake Ariel
was threatened with destruction by
flames. As It was two buildings, tho
Bell Telephone exchange building
and Samson & Cook's general store
were totally destroyed and the First
National bank badly damageu. ino
loss will probably reach f 1D.000.
Thero is an air ot mystery sur
rounding the fire. The blazo started
In tho Samson & Cook storo aDout &
o'clock. The building Is a two-story
wooden structure. Tho second lloor
is occupied by Casper Samson and
wife, who were asleep at the time.
Passersby discovered tho blaze. Tho
Hrst floor was already a mass of
flames, cutting off all chanco of
egress to the occupants upstairs.
Ladders were secureu auer ino en
tiro neighborhood had been aroused,
and Mr. and Mrs. Samson were taken
out of the second-story window by
means of ladders, in their nignt
They were taken to nearby homes
for shelter. Neither was injured,
save from tho severe shock. Tho
flames spread to the telephone ex
change adjourning. There Is no fire
company In the town and all efforts
were directed toward saving me au
jolning buildings. The two wooden
buildings were consumed, together
with their contents.
The second floor of the exchange
building was occupied by M. J.
Emery, cashier of tne L.aKe Ariel
National bank, and family. Officials
and stockholders of the bank to the
number of about twenty, formed a
bucket brigade and kept tho build
ing from being destroyed. Tne duuu
ing is of concrete, but the flames ate
their way in through the wooden
casings, doing considerable damage.
It was only the copious rains recent
ly that saved the entire town from
being wiped out. Huge sparks and
burning embers were lifted high in
the air and dropped onto roofs of
the buildings for a wide area.
Robbed Express Car of $3,000
Burns Bridge Rends Like
"Diamond Dick."
(Special to Tho Citizen.)
DENISON, Texas, Oct. 29. Early
this morning three men flagged a
train on the Missouri, Canada and
Texas railroad, covered tho crew with
revolvers and robbed tho express car
of $3,000.
Ono of tho crew flagged the ex
press train, ordered tho engineer to
uncouple the baggage and express
cars 'from the train and with tho en
glne proceeded some distance to a
bridge, which tho highwaymen had
previously set on fire. Tho other
two then mounted the express car,
covered the messenger, cracked the
safe and secured $3,000.
Salem has two cases of smallpox,
tho patients being Eugene and Nellie
Boland. children of Mr. and Mrs.
Anthony Boland.
Dr. II. C. Whlto, of Lake Ariel,
who was called In to attend the sick
children, notified the 'health authori
ties. It is said ono of tho Boland
daughters has been taking music les
sons In Scranton recently.
Whore, or how, tho disease was
contracted, Is not known. Roland's
home Is about six miles from
South Canaan whore thero are four
cases of tho disease under quaran
DERED. (Special to The Citizen.)
CHICAGO. Oct. 29. Miss Sophia
Singer, aged 29 years, was robbed of
$45 In money and jewelry to the
amount of $1,000. She was after
wards murdered by Charles Conway,
a professional nign diver. Tne ais-
covery was made by the landlady
who found blood on the stairs ana in
the 'hall of her boarding house. She
traced the blood from Miss Singer's
room to Conway's. His door.was
locked. Police were called and they
broke In the room. Miss Singer s
cold body was lying on Conway's
bed. Her skull was fractured and a
towel was tied over her mouth. She
was also tied with a rope.
Miss Singer camo to this city from
Baltimore three weeks ago to wed
a real estate man to-uay. sue was
a member of one of the wealthiest
families In Baltimore.
Mr. and Mrs. Neal Ball, the form
er of the team of the world renown
ed Red Sox champion base ball play
ers, and Mr. and Mrs. G. E. Clark,
all of Bridgeport, Conn., were guests
of Mr. and Mrs. J. J. Moore from
Thursday of last week until Monday.
On Saturday evening their host and
hostess entertained for them, "500"
being the amusement indulged In.
The-'party inotored as far as
Madlsonvllle Thursday, where, they
left their cars, leing unable to pro
ceed to Honesdale owing to the bad
condition of the roads.
Neal Ball played In the first game
in the world's series between the
Red Sox and the Giants, but owing
to a broken finger of his left hand
he was unable to enter Into the ser
ies. The digit was fractured a few
weeks aco. but on account of Its not
being properly set. it has been brok
en twice since. The Red sox "uan
player was highly elated with our
town and expressed appreciation an
to the hospitality of Its people and
(Special to The Citizen.)
TITIPA. N. Y.. Oct. 29. The con
dition of Vice-President Sherman Is
Blightly improved today. Dr. Favette
II. Peck, his attending physician
posted a bulletin to-day that ho had
a comfortablo night, but If ho died It
would not be a surprise. Mr. "Sher
man Is suffering with a weak heart.
The biennial convention of the
Women's Synodlcal Home Mission
society of the state of Pennsylvania
closed a three days' session at Wll
llamsport Thursday by tho election of
tho following officers:
President, Mrs. William Edgar
Glel, of Doylestown; advisory board,
Mrs. S. P. Harbison, of Allegheny,
and Mrs. W. B. Holmes, of Hones
dale; vice-presidents, Mrs. J. W.
Sharpe, of Chambersburg; Mrs. W.
W. FIske and Mrs. S. A. Reeder, of
Philadelphna; Mrs. J. R. Harrah, of
Pittsburg, and Mrs. J. E. Ramsey,
of Wllllamsport; corresponding sec
retary, Mrs. D. F. DIefendorfer, ot
Erie; secretary of literature, Mrs. R.
A. Stewart, of Washington; Young
People's secretary, Mrs. W. T. Schef
fer, of Harrisburg; Freedman's secre
tary, Mrs. P. W. Lowry, ot Butler;
secretary of Westminister guilds,
Miss Mabelle Furst, of Lock Haven;
secretary of contingent funds, Mrs.
C. T. Evans, of Pottsvllle.
Erie was chosen as tho place for
tho next meeting.
(Special to The Citizen).
SCRANTON, Oct. 29. D. W. Wise
man of Fleotvllle, aged 82 years, died
today In the State Hospital following
an accident threo weeks ago when
ho was struck by a Dolawaro, Lack
awanna and Western train. Wise
man's father was killed In a similar
manner 30 years ago.
Struck by an engine which ho did
not seo approaching, Joseph, McKen
na, aged four years, whilo playing
on tho 'mine track near his homo In
Forest City Friday afternoon, had
one of his hands and both feet so
badly crushed that tho mombers had
to bo amputated, Tho boy's feet
were amputated above tho ankles.
He was taken to Emorgency hospital,
Virginia, llttlo daughter of Mr.
nnd Mrs. John Carroll, ot Rldgo
street, was bltton on tho thigh by a
dog. Tuesday morning. Dr. L. B
Nielsen was called and cauterized tho
John Walsh, aged 29 years, of
Preston, Wayne county, died In tho
Mercy hospital Friday from Injuries
sustained. Walsh was found along
tho Jersey Central tracks at South
Wllkes-Barre with his skull fractur
ed, both legs mangled and ono hand
Tho accident happened near tho
old pattern shop of tho Vulcan Iron
works. Ho was evidently run down
by a coal train which passed Wllkes
Barre shortly before ho was found.
Ho was taken to tho hospital In tho
police patrol, which responded first.
Tho body was removed at uoon to
tho homo of his mother, Mrs.
Bridget W'alsh.
Married at Presbyterian Manse.
Miss Anna Mabel Moase, daughter
of Mr. and Mrs. Wlllington Moase,
of Pleasant Mount, and William A.
Tanner, of Aldenvllle, wore married
at 11 o'clock Thursday morning In
tho Presbyterian manse, Carbondale,
by Rev. Charles Lee, D. D. They
wero unattended.
They loft Immediately on a honey
moon trip and upon their return will
take up their residence In a newly
furnished bome In Aldenvllle, whero
Mr. Tanner Is foreman ot a factory
for the Clinton Cut Olass company.