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About Morning Oregonian. (Portland, Or.) 1861-1937 | View This Issue
THE MORNING OREGONIAN, TUESDAY, FEBRUARY 10, 1903.
LYONS IS CAPTURED
Murderer of Sheriff Withers
Now in Jail.
HE OFFERED NO RESISTANCE
In Overtaken by rouse While At
tempting to Hoard FrelftUt Train
Scar CrcKirell Wa Unarmed
EUGENE. Feb. 9.-Speclal.) Elliot
Lyons, the murderer of 'Sheriff "Withers,
Is now n prisoner In the County Jail.
Lyons was captured by a posse at S
o'clock this morning-, while attempting
to board a freight train near Creswell.
eight miles south of Eugene. The outliw
had thrown away his guns, and was dis
puted as a tramp.
Lyons was taken by accident more than
by following up any trace. Edgir Par
sons met him this morning In the road
and recognized him. Being unarmed.
Parsons did not molest the fugitive, but
proceeded to gather a number of men,
among whom were ex-Sheriff Xoland,
"Butch" Sillier, William Buoy and three
others. Following up the trick they saw
Lyons board a freight train near the
Mori's House. The posse jumped the same
train on the opposite side and the con
ductor stopped the train. As the train
stopped Lyons dismounted, and hail no
more than done so when several guns
were leveled at him with the command
to throw up. The murderer, who made
boasts that he would not be taken alive
for horse stealing, acquiesced like a
weakling and made no attempt to resist
After the arrest was made the posse
telephoned tho Sheriff here and started
for Eugene with their prisoner. Upon
arrival here they were met by Sheriff
Fl,k and the prisoner was hurried to a
cell and now awaits arraignment for his
terrible crime. The trial will come up at
the Mirch term of the Circuit Court.
The public mind Is now at ease with the
satisfying knowledge that the murderer
Is safely Ipdged where he will receive
his Just reward.
Lyons, when arrested, made no resist
ance, as he was unarmed. He made a
stitcmcht to his captors that he passed
through Eugene last night and that he
slept In a pile of railroad ties near
Goshen. Xot only did he pass through
Eugene, but he went to the house of a
man named White, who takes care of
horses for Dr. Atwood, and chmged his
clothing throughout. He was In town
for about an hour. He said he did not
want to shoot another man, and was
about exhausted from his flight across
country in the stormy weather.
A Urge number of extra police and
deputy sheriffs are now on duty for the
purpose of preventing any attempt to take
the man from" Jail for summary execu
tion, but while there arc some who talk
of lynching, yet tho majority are sober
minded enough to Insist that the law take
Its course and will permit no act to re
flect to the detriment of the community.
MRS. LYONS TALKS.
Don Jfot Seem Avrnre of Seriousness
of Clinffrc Asralnst Her.
EUGENE, Or., Feb. 9. SpeclaU An
Oregonlan correspondent obtained permis
sion from Prosecuting Attorney Brown
to interview Mrs. Lyons in the Jail this
evening. Mrs. Lyons was deeply de
pressed over the affair and was not in
clined to make any statement. She said
that on account of Lyons' mother, who
Is very frail she did not want to talk on
the subject, but did. not seem to hare
In mind her own welfare at all.
By a series of questions It was learned
from her that she and her husband were
In the kitchen at the time the Sheriff
came to the house, and that she had Just
finished washing the supper dishes.
"Where were -you at the time Withers
wis shot?" was asked.
"In the dining-room."
"Did Withers come In through the sitting-room?"
"When first I saw him he was in the
dining-room, which Is between the kitchen
and the sitting-room. Withers came from
the sitting-room into the dining-room and
Lyons went from the kitchen Into the
"How did the two' men meet?"
"I saw Withers holding my husband by
the arm. I did not hear either of them
say -anything. There was not much scuf
fling before the shot was fired. I don't
know whether Withers had his pistol In
Ills hand or not."
"Did you attempt to hold either Lyons
or Withers?" No answer.
"How long had Lyons been about the
'About a week or more. He stayed about
the house and when the weather was
good Was chopping wood and" working
about tho place. I don't know anything
about what Lyons did .after the shooting.
I have been married to Lyons 14 years."
With this the woman would say no more.
Lyons told .the officers today that he
sot lost In the mountains the first day
out, and after traveling nearly 24 hours
returned to where be had started. Then
he made ils way to the railroad, threw
away his pistol and passed as an ordi
nary tramp. Last night, while coming
Into Eugene, he said he was held up
two or three times by deputy sheriffs,
who, finding him unarmed, allowed him
to go. He admits that he had made up
his mind that he would kill any man who
might draw t gun on him, and Withers
happened to be the man.
Prosecuting Attorney Brown Is here
working up evidence In the case against
both the prisoners.
BODY LIES IX STATE.
Crowds VIctt the Ucnd Bodr of Their
EUGENE, Or.. Feb. 9.-(SpeclaL)-The
body of tho dead Sheriff has been lying In
state since 10 o'clock this morning, where
It will remain until 1:30 tomorrow, when
It win be taken to the Christian Church,
where funeral services will be held. The
body will be burled In the Masonic
Throngs of I people are viewing the re
mains as they He In stale, over 400 having
passed" during the first hour. 'The mur
dered officer was more highly esteemed
than any who has ever held his position,
and his friends deeply mourn their loss.
Just across the street from the Court
house,, where the remains lie in state, the
murderer who committed the awful crime
and his wife, an accomplice, occupy sep
arate, cells In the county Jail.
Excitement I Snbuldlnfir.
EUGENE. Or.. Feb. 9. (Special.) A
strong undercurrent of feeling prevailed
all day, and threats of lynching were free
ly Indulged In, but cooler Judgment has
prevailed, and at midnight everything Is
quiet. Armed guards are patrolling the
Jail, and the police force has been doubled.
v HELENA, Mont., Feb. 9. The box-offlce'
receipts ot "Corianton which has been
playing here for two nights, have been
attached and the scenery as well. The at
tachment Is at the Instance ot a firm of
New York lawyers who have a claim
against the Deseret Dramatic Company,
of Salt Lake, which la backing the com
pany. There Is also due the players $1500.
It was said tonight that help Is ex
pected from Banker Thatcher, of Logan.
Utah, so the company may get out of
SHOOTS OUT HIS HEART
DOCKET OF 40 CASES.
Judge Burnett Convenes Mnrlon
Comity Circuit Court.
SALEM, Or., Feb. 9. (SpecIaL)-Judge
George H. Burnett convened tho criminal
department of the Marion County Circuit
Court this afternoon. There are about
40 cases on the docket, but there arc only
a few criminal proceedings to be dis
posed of. A breach-of-promlse suit for
J10.000 damages and a libel suit against
the Salem Journal for JCOOO arc among the
principal cases pending.
For the first time In about two yearn
Judge Burnett this afternoon convened a
grand Jury. It Is composed of E C
Churchill. Englewood. foreman: S. G.
Pugh, North Salem; It. P. Nye. Sidney;
Joseph Strupfel, Mount Angel; E. C Titus,
Stayton; X. Stocssel, Mehama; H. JL M.
Conic, Buttevllle. Among the cases' that It
Is presumed will receive the. Investigation
john iv. pratt, of seattle,
Wan Well-Known Newspaper Man
One Time Edited Xevr York
World Temporarily Insane.
SEATTLE, Feb. 9. John W. Pratt, city
grade tax attorney and for years a well
known lawyer and former newspaper man
In this city, took his own life about 9
o'clock this morning.
The suicide occurred at Mr. Pratt's
home, 1415 Thirty-fifth avenue. Madrona
Park. A double-barrel shotgun was used.
But one cartridge was discharged. The
shot passed through his heart, killing
The cause assigned for tho rish deed
was temporary Insanity. So far as Is
known Mr. Pratt had never Intimated to
anyone that he contemplated sclf-destruc-
WILLIAM HOOPER YOUNG
SCXTEXCED TO LIFE ISIPniSOXMDXT.
of the grand Jury Is the recent sensational
scandal of jhe State Penitentiary regard
ing alleged Illicit relations between Mrs.
Carlisle, one of the woman prisoners, and
one of the subordinate officials of the
prison. Another cana that will probably
be Investigated Is the reported murderous
assault that was made recently, on J. J.
McCormlck, chapel guard of the prison,
by John McMahan, a life-time prisoner
from Grant County. McMahan attacked
McCormlck In the former's cell at the
prison one day and with a brick came
nearly murdering the guard before help
reached the celL An assault of this kind
by a prisoner while In the penitentiary is
a capital offense In this state.
SAX FItAXCISCO IS CLEAX'.
Medical Men Declare Tort Free'From
SAN FRANCISCO. Feb. 9.-Regardless
of all the controversies that have exist
ed fl t n trflPthM' t Yl Dr. T-nwn . ...... . ....
- " . ...wi. VACU Ul UU-
bonlc plague In San Francisco It Is agreed
i- uu uib mi-uicai men mat mere Is none.
of the disease hero now, and that all
the danger. If ever any did exist, has long
been past. Every vessel now clearing
from this port Is given a clean bill of
health, showing that there has not been a
Murderer of Sheriff Withers,
suspicion of plague here for at least CO
days. In this the local Health Board
agrees with the Federal quarantine offi
cers. The health authorities are now pre
pared t6 assert positively that San Fran
cisco Is a clean nnrt.
In view of the fact that there Is posltlvc-
t nv ui iuo uuscttae jn me city, Dr.
Vincent P. Buckley has issued the fol
"During the past 60 days no case of bu
.bonlc plague has been discovered In this
city, and at no time during that time has
the Board of Health, of which I am a
member, published -or recorded any case
of that disease. In View of this .fact ves
sels clearing from this port are given
clean bills of health.
"It Is with a great deal of pleasure that
I make this statement, and at the same
time denounce as false any and all state
ments contrary to what Is herein con
"VINCENT P. BUCKLEY. M. D"
SPOKANEA Feb. 9.-WIlllam Morrison
and Joseph Barrett, highwaymen, were
sentenced bv Judcn Rioharrfoin thi.
" ...... ...... uiu. 41
dng to three years In the penitentiary for
iioiaiog up ana roDoing a man named
Euenson, on Front avenue In 'this city,
last November. Euenson was drunk and
a policeman was following him to see
that he went home. This officer cap
tured the robbers.
tlon. None of the family In th house
heard the report of the gun. Mrs. Pratt
found the dead body of her husband
evidently not more than 10 minutes after
the shot was fired. He was lylns pros
trate upon the floor of the bathroom in
the second story of his residence. There
was a great pool of blod on the floor
and It was still running from the gaping
wound In his left breast. The shotgun
lay beside him. At first it was thought
that Mr. Pratt had accidentally killed
himself while cleaning the shotgun. Not
until Dr. Ncwlands arrived was It posi
tively determined that death was by
There was a large wound In the left
breast. Just over the heart. The round
indentations In the flesh made by tho
muzzle ot the gun resting against It,
showed that Mr. Pratt bad placed tho
butt of the shotgun against tho wall.
The muzzle was pressed htrd against
his breast and he had leaned forward
to hold up the gun, thus making the
marks on his breast. Beside the dead
man was the ramrod of' the gun. With
It Mr. Pratt hid pushed tho trigger that
sent the shot crashing Into his body.
Mr. Pratt was dressed In stockings,
trousers and undershirt. The undershirt
he had Unbuttoned and pulled aside so
that the gun would rest securely against
the flesh.. Everything indicated that
death wis by deliberate and planned
suicide, although the decision may havo
been made quickly.
A strange feature of the case Is that
neither the undershirt nor the flesh was
burned In the least by the powder. Mrs.
Selkirk, mother of Mrs. Pratt, was the
last person who saw Mr. Pratt alive.
Mrs. Selkirk spoke a word or two to her
son-in-law Just as he was entering the
bathroom. Mrs. Selkirk then went on
down the stairs where Mrs. Pratt, her
two sons and a little daughter were get
ting ready to eat breakfast. Mrs. Pratt
left the tabic to go upstairs and see why
Mr. Pratt did not come. She looked Into
his bedroom and did not find him. Then
she called to him and got no reply. She
becan a search of the
kThe bathroom was tho last one to bo
looKea into. The moment Mrs. Pratt
opened tho door she found the body of
her husband lying, face upward, straight
across the room. The shotgun was be
The report of the shotgun was not
heard by any one In the house. This
Is accounted for by the fact that the
bathroom door wis closed and the wind
was blowing very hard, thus carrying
away the sound before It could reach
other portions of the h6use.
Mr. Pratt was home all of last even
ing. He seemed as cheerful as ever and
conversed with his fiinlly until a late
hour. He arose about S:30 o'clock this
morning. He said he was feeling well
and nothing unusual was noticed In his
Mrs. Selkirk, every member of tho
family, his law partners and lntlmato
friends, all agree that Mr. Pratt has
been acting strangely of late. He was
very absent minded and often talked
about things foreign to the subject being
discussed. These things were noticed, but
no one thought Insanity was approaching.
So strong is the belief that the suicide
was caused by temporary Insanity that
no Inquest will be necessary.
John W. Pratt was born In England In
IMS. After obtaining a legal education
ho received jin Inheritance and was en
abled to travel. Visiting all out of tho
way places In Europe he Journeyed
around the world and finally settled In
South Africa, where he spent some time
In the diamond fields of Grtqueland, and
the gold fields of the Transvaal. He en
gaged in the publishing of a newspaper,
and later purchased an ostrich farm, but
his birds' were killed during the last
Kaffir uprising. He entered the British
army, was given the rank of Lieutenant
Colonel before his 'retirement and was
presented with a medal for bravery by
Queen Victoria. Later he was sent to
Mozambique by a commercial syndicate.
He come to the Utlted States about 1ST6.
For several years he was managing editor
and cdltor-ln-chlef of the New York
World when It was owned by Manton
Marble. He was later connected with
Truth and with the St. Louis Globe-Democrat
and then he purchased the Dallas
(Tex.) Times. He was city editor of the
San Francisco Call, then managing editor
tot the Seattle Post-InteDlarencer, and
later an authority on municipal taxation
in Seattle. At the time of his death he
was practicing law.
FIGHT OX CLEAItWATER COUXTY.
few Mentnrr Ik Sow llefore the
Idaho Lower Houxe.
BOISE, Idaho, Feb. 9. (Special.) The
first rumbles of battle over the proposed
formation of Clearwater County reached
the Hquse of Representatives today, when
for a time It seemed probable that an
acrimonious fight would result. The
threatened contest was postponed In the
afternoon, however, and present Indica
tions are that It will be fought out with
extreme bitterness In the near future.
Greer of Shoshone asked unanimous con
sent to withdraw his bill for the creation
of Clearwater County, stating that he de
sired to press the measure no further. On
the strength of this representation the
Nez Perce members offered no objection
to the withdrawal.
Within an hour Greer Introduced an
other bill creating the County of Clear
water from Southern Shoshone and por
tions of Idaho and Nez Perce Counties,
and giving the people the right to vote 03
It two years hence. This aroused the
members from Idaho and Nez Perce, who
protested that Greer had committed a
breach of faith. Greer and Anderson of
Shoshone vigorously denied this charge,
and insisted that the new bill did not re
semble the old In any respect. It placed
tho power of creating the new county In
the hands of people who were asked to
vote upon the question two years hence.
Thomas zougnt to have the bill tabled
after Its first reading." but could not mus
ter sufficient strength to carry his motion
to that effect. It Is stated by the oppo
nents of the Clearwater bill that today's
action destroys all hope of a compromise
on the question.
BUSY DAY AT BOISE.
LcRlftlature 1'nn.rn Lnrse Xumbrr
BOISE. Idaho. Feb. 9. This was a very
busy day In the Legislature, a number ot
bills being disposed of. The Senate passed
the House bill providing for the establish
ment of a Reform School In Fremont
County; also a Senate Joint resolution pro
posing an amendment to the constitution
permitting Inmates of Soldles' Homes to
vote at the home. Bills passed by the
H. B. 14. Matthewson of Lemhi Em
powering cities, towns, and villages to con
struct newers and disposal works.
H. B. 3, Black of Nez Perces Provid
ing a Courthouse and law library for
H. B. 33, Rlblett of Cassia Creating a
Council of Education.
H. B. 1, Werner of Ada Making It un
lawful to Injure or destroy electric lines
An Initiative and referendum resolution
Idaho Doesn't Want Referendum.
BOISE, Idaho, Feb. 9. The House to
day killed the resolution proposing a
constitutional lmendment for the initia
tive and referendum. The vote was 19 to
22. The Democrats voted solidly for the
resolution and they were Joined by nine
CAnniEs our ins promises.
Grant's Pass Mayor Enforces Ordi
nance for Sandny Closlnir.
GRANTS PASS. Or.. Feb. 9.-(SpecIal.)-Mayor
Bashor, previous to his election aa
chief executive of Gnni'n v.
he would. If elected, enforce the' law and
"'fi nu omer o romances of the city
He Is maklntr that
- w " - - eivru uiiu itua
Dentin by demand !nrr th .Qitnfiv
saloons. Yesterday morning for the first
imj 111 several years DOW the front and
back doors of every liquor house In the
town were closed and the marehal ordered
to keep them closed throughout the day
and every Sunday so long as Bashor Is
The edict came somewhat as a shock to
the saloon proprietors of the city, as Sun
day han been a good and undisturbed day
for business In the mt v... 1... .
crowds that loaf about the front of salooru
on Sunday were conspicuous for their ab-
u"u me Business part of the town
was unusually quiet.
Astoria Xeirji Notes.
ASTORIA, Or., Feb. 9.-(Speclal.)-Four
Iaree coast defense. , 1 ' ...
at Fort Columbia arrived here yesterday
"mi. j.uvy ure loaaea on a
barge, and will be taken across the river
to the fort as soon as tho weather mod
crates. The preliminary survey for the logging
railroad to be built by the Bremner Log
ging Company from the Harris timber
tract on Upper Youngs River to tide wa
ter, below the falls, was completed on
Saturday. The road will be about three
miles In leneth. and will tnn ,.,i..i.i.
p . - - - a v illUaUiv
body of timber.
The city schools, which have been
closed on account of the prevalence of
scarlet fever In the e!- win ka 1
'J " ... " . IKLJItU
next Monday, February 16, as the disease
ia iiuw unuer control.
The Wheeler Lumber Company has
stopped operations at Nchalem. and the
mill there has shut down. It Is under
stood that the mill and timber lands of
the company In that vicinity, have been
bonded to an Eastern syndicate, which
contemplates building a railroad from Ne
hnlem to tide water at some point on the
A. & C Railway. The steamer Geo. R.
Vosburg", which has been operated by this
company between Astoria. Tillamook and
Nehalem, will be laid off after another
A southwest storm of unusual severity
passed over this section of the country
last night, but. so far as can be learned,
very little actual damage resulted, either
on land or water.
Supreme Court Date.
SALEM. Or.. Feb. 9.-(SpeciaL) The
Supremo Court today made the following
State of Oregon, respondent; vs. George
Smith, appellant: ordered on motion that
appellant have leave to serve and file a
typewritten brief in lieu of printed brief
and deliver these copies to .clerk.
First National Bank, plaintiff, vs. Ore
gon Pulp & Paper Company, defendant;
E. E. Merges ct.al., appellants; J. L. Mc
Creary. respondent: ordered on motion
that appellants' time to flic petition for
rehearing be extended 20 days.
J. H. Mlddleton. respondent, vs. Victor
Land Company, appellant; ordered on
stipulation that appellant have until Feb
ruary 20 to serve and file Its brief.
In the matter of the death of FInley C.
Perrlne. late bailiff of this court. It was
ordered 'that the resolutions of the Marion
County Bar Association, in memory of
Dyspepsia? Don't lay it to
your wife's, cooking. It's
your liver. Take a good liver
pill, a vegetable pill, just one
little pill at bedtime
If it's gone so far that you
are pale, weak, nervous, then
talk with your doctor about
taking Ayer's Sarsaparilla
This preparation is intended especially for coughs, colds, croup,
whooping cough and influenza and has become famous for its cures
of these diseases ove a large part of the civilized world.
It can always be depended upon and is pleasant to take.
It not only cures colds and influenza, (grip) but counteracts
any tendency toward pneumonia.
It contains no opium or other harmful substance and may be
given to a baby as confidently as to an adult.
the deceased, be filed In this court by the
The case of George P. Lent et a!., ap
pellants, vs. the City of Portland et al..
respondents, was argued and submitted
Cnmblinir Must Close at IHllInR.
BILLINGS. Mont., Feb. 9. As the re
sult of the crusade against gambling, the
County Attorney has sent out an order
that all games must close. It applies to
all parta of Yellowstone County, which Is
the greatest cowboy county In the state,
and this is one of the greatest railroad
centers, being the connecting point of
the Burlington and Northern Pacific.
Forcer Given Five-Year Sentence.
BUTTE. Mont., Feb. 9. Andrew Jen
nessy was today sentenced to five years
in the State Penitentiary by Judge Mc
Clernan after pleading guilty to the In
formation charging him with passing
worthless paper. Jennessy victimized
about a dozen persons In Butte with bogus
Attempts Suicide in Kansns.
KANSAS CITY, Mo., Feb. 9. (Special.)
Miss Jennie Cameron, who clilms to be
a daughter of ex-Senator John Cameron,
of Pennsylvania, now of Salem, Or., at
tempted suicide at Lawton this afternoon.
I.isrht Docket nt The Dalles.
THE rAT.T.F5S rir P.h a Cn..ui
The Circuit Court convened here today
with a docket which promises an unusually
short term. Two criminals, WVqulty and
j.v iaw cases compose incjiet.
Toole Poison by 3IItnke.
EUGENE. Or.. Feb. 9.-(SpcclaL)-E. C.
Hughes, a liquor dealer, had a narrow i
escape from death ty accident today. Be- j
fore noon he went to take a doa; of Epoom
salts, but made a mistake and took a
large dose- of sulphate of zinc. He at
once discovered his mistake and sum
moned a doctor. By the use of strong '
emetics and restoratives he ls now re-!
ported to be out of -danger.
VESSEL MAY BE LOST.
Four-Mastril Gcrmnn Dnrk Ilnttltns
With Breakers nt Month Columbia.
ASTORIA. Or.. Feb. 9. (SpeclaD-A
vessel Is In, the breakers at the mouth of
the river, about a mile and a quarter
south-southwest of Cape Disappoint
ment light and half a mile west of Pea
cock Spit. The crew Is still on board
and appear to be all right, but the vessel
will probably be a total loss.
A report reached here from Fort Stev
ens at 7 o'clock this evening that a ves
sel was ashore on Peacock Spit and both
of the bar tugs and the lighthouse tender
Columbine hurried to the north of the
river as soon as their crews could be
gathered. The line 'to Fort Canby was
down so.no iniormauon coma oe learnea
until the return of the Columbine at
Captain Richardson reports that he
reached within a half-mile of the
stranded vessel and with his searchlight
found It to be a four-masted bark painted
a lead color and red hull, the lower
masts being painted white, as were the
tops, and there was a German flag flying
from the foremast. The crew could be
seen on the top-gallant forecastle. All
the sails had been furled, but later the
fore and maln-topsalls were shaken out.
The vessel was headed directly for the
.iwu. wufc i nuicr wiisi KuiiiK uve
A V. a.lll 1 l . . 1 - V. 0 1
either of the two life-saving crews.
were present, to approach the vessel.
tugs and life crews will sttnd by
mai mere is a goou cnance to save
irnii,ii 1 11 1 nil .iiuninn Annul
settlement of the dispute between
nrni'inM. in nfimiinn ill nil? urchin
fTYih Internntlnnnl ennrt nf nrbltrati
The Hague Is to render the final
Glnnx' Fleet Soils Toay.
away tomorrow mornlns. As lias
3llfv7 .v, ...
HEADQUARTERS FOR TOURISTS
THE NEW Pullman tourist car excursion service
established by the Oregon Railroad & Navigation
Company to St. Louis and Memphis is fast growing
in favor. Each carhas a conductor and porter who make
the entire trip and look after every want of the pas
senger. No change of car after leaving Portland.
For particulars, telephone, call upon, or write
Third and Washington Sts. C. W. STINGER, City Ticket Agent
vT- --. mm iii 111 1 p-zrt -
H';..-vA.-.-VS 5pvi Frrei
cs'-lrily as a Laxaiiver.
Syrup of Figs appeals to the cultured and the
wen-iniormea ana xoxne neaitny, Decause its com-
lz - I. . 1 1 . C 1 ,- f f
UWlIJi M t - "iiwiiv IlLUltUllI CVC1 V IfLICt-LlUlltlLJl
uicrubuiit 10 ine Tasie. niir tn mpmrina
4 'u' r i.x
Aivtll C4.il .A..ULIIL lUlllUiiiaLlUil Ul Dlilll
act most beneficially.
genuine manuiacturea oy the
For by ewll druiats.
Price- fifty cents pef bottle
also. He knows.
J.C. Arr Co..
, ..' .4 f.