Morning Oregonian. (Portland, Or.) 1861-1937, December 25, 1907, Image 1

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    VOL.. XLVI. NO. 14,679.
PORTLAND, OREGON, WEDNESDAY, DECEMBER 25, 1907.
PRICE FIVE CENTS.
LETTER WRITTEN
UNDER THE EARTH
Buried Nevada Minerls
Living High.
THOUSAND FEETUNDER GROUND
One of Ely Men Describes His
Queer Situation.
STILL HOPEFUL AND HAPPY
Imprisoned by Caved-ln Shaft, He
Tells Brother Elk He Is Living
on the Fat of the Land Sent
Down Through Pipe.
VICTOR, Colo., Dec 24. (Special.)
Like a voice from the dead, a letter
written by A. D. Bailey In -his tomb 1000
feet below the surface of the earth In
the Alpha shaft at Ely, Nevada, has been
received by Thomas Hamll, a prominent
resident of this city. Though Imprisoned
with two companions back of a solid mass
of rock and dirt and In Imminent danger
of being crushed to death at any moment.
Bailey is none the less happy. His letter
bespeaks every hope and says that prob
ably he will be on earth again In another
week or so. The letter follows:
"Mr. Thomas Hamll, Victor, Colo.:
"Dear Sir and Brother Elk I suppose
you will be surprised to receive this letter
and I am a lucky man or I would not be
able to write you.
"At present writing; I am Imprisoned
In the Alpha shaft. I was running a
pump here and on the 4th 'of this month
the shaft caved in and there were four
men down in the shaft sinking for the
next level. Two of the men are here in
N the pump station with me and the other
.'two are burled at the bottom of the
ehaft.
Shut in by the Earth.
"The shaft caved In at the 400-foot
level and we are at the 1000-foot level.
The shaft la full of dirt up to the cave
In. But fiey have secured the bad
ground and are going to start muck
ing out the shaft tomorrow morning. If
all goes well, I hope to be on top in
from 12 to 14 days. We have been down
the mine since 7 A. M., December 4.
"Ten minutes from the time the cave-tn
started the shaft was filled above this
level and it la 90 feet from this level to
the bottom of the shaft, so that will
give you an Idea what a bad cave-In it
was. We had a telephone connected and
the last message I sent up over the small
wire was to shut off steam, and Just
then those wires broke.
' Live on Fat of Land.
'"There are 600 feet of the shaft above
us, filled with solid rock. After the ac
cident we disconnected the six-inch water
column with the pump and they are
sending our drinking wat.er and rations
down the six-inch pipe.
"We are living on the best In the land,
as everybody wants to send us some
thing. Wine, cigars and all kinds of
fruits are being, sent down. They send
down our supplies on a rope and the
small vessels they send our stuff in are
made of two-inch nipples about four
inches long, with a cap screwed on and
the small eye-bolt screwed In the cap and
a flexible link between the separate ves
sels, so that we can get them to come
through the bottom of the water column.
There are four vessels per trip. After
we got the water column open we con
nected our phone to the electric cable
and we can telephone up and talk to the
men on top at any time. ( '
Hopeful, Though Burled A
"Well, brother, if all is well and all
wise providence stays with us, I hope
In a short time to be on top and see
my wife and family. We are above
the water level and there is no danger
on that score. We have in charge of
the shaft one of the best shaft men in
the country, a big Elk by the name of
John Gallagher.
"With best wishes to all my brothers
and the same to yourself, I remain
Respectfully yours In B. P. O. E.,
A. D. BAILEY."
GREAT MASS OF VICTIMS FOUND
Rescue Work In Darr Mine Goes on
Under Improved Conditions.
JACOBS CREEK, Pa., Dec. 24.
Rescuers today found a great mass of
victims of last Thursday's explosion In
the Darr Mine of the Pittsburg Coal
Company, for which they have searched
Incessantly for over five days, and If
all goes well, a great number of them
will be either in the blacksmith-shop
morgue or the big Identification tent
nearby by morning. Only 49 bodies
had been brought to the Surface when
the night force began work, but scores
of others had been located in Entry 37
and there was evidence that -many more
were in Entries 28 and 29, where the
night work started.
The mine was in much better condi
tion today, and the progress of the
rescuers was satisfactory In every re
spect. " It is believed most of the vic
tims will have been brought out by to
morrow evening.
Eight unidentified bodies were burled
today. All clothing, checks and other
mentis of Identification were preserved
and if relatives appear, the bodies will
be disinterred. Twelve of the identi
fied were buried at Connellsvllle.
CARS BLOWN FROM TRACK
Six Men Injured, One Fatally, by
Gale in Colorado.
DENVER, Dec. 24. The baggage car
and first passenger coach of train No.
25. northbound, on the Colorado & South
ern Railroad,- which, left Denver at 10
o'clock A. M. today, were blown from the
track and overturned in the ditch a quar
ter of a mile north of, Marshall and 10
miles south of Boulder about noon today.
Six persons were seriously Injured and
a number of others slightly hurt.
Killed:
J. A. Garrett, ex-Justice of the peace,
Longmont, Colo., and prominent ElK.
Seriously injured:
Fred Kelly, Fort Collins, Colo; Robert
Sharp, Fort Collins; M. C Lesser, Long
mont, Colo.; Jackson M. Greiner, conduc-
W. B. Corey, President of United
States Steel Corporation, Anxious
for Reconciliation With First Wife.
tor, Denver; Charles Chiles, baggageman,
Denver. (
A gale has been blowing over Northern
Colorado throughout the day, at times at
taining a velocity of 45 to 60 miles an
hour, and caused much damage by blow
ing down small farm buildings, trees,
telegraph poles, etc A large plate glass
window was blown In at the Daniels
Fisher Department store in this city.
BLOW UP ANOTHER BRIDGE
Attempt Made on Structure Over the
Erie Tracks at Newark.
NEWARK, N. J., Dec. 24. An at
tempt was made today to blow up with
dynamite the steel bridge of the
Pennsylvania Railroad, now in course
of construction over the Erie tracks,
near the Hackensack River. A large
hole was torn in the center of the
bridge.
RAID BLACK HAND GANG
Seventeen Italians "With Stilettos
and Guns Arrested.
PITTSBURG, Dec 24. A score of De
tectives and policemen raided an alleged
Black Hand organization this morning
in 37 Slag alley, and arrested 17 Italians
All were armed with revolvers and
stilettos. '
CONTENTS: TODAY'S PAPER
The WeaOier.
YESTERDAY' S Maximum temperature, 45
degree; minimum. 41 desree.
TODAY'S Rain; easterly winds.
Foreign.
Trial of members of first Russian Doima
begins today. Page 8.
Paris opera-house preserves voices of great
singers for next century. Page .
National.
Honey arranges for land-fraud trials, but
makes no move on Bristol's behalf
Pago. L
Admiral Brown sen resigns; rumored disa
greement with Roosevelt. Page a.
Fleet given splendid welcome at Port of
- Spain. Page 8.
Domestic.
W. E. Corey reported to be weary of May
belle Gtlman and anxious for reconcil
iation with first wife. Page 1.
Haywood testifies at Power's trial. Page 2.
Railroad construction In 1907'. ' Page 3.
First lynching in stats of Oklahoma. Pago
2.
One of burled Nevada miners writes a let
ter. Page. 1.
Steel mills to resume operations and strin
gency ended. Page 8.
Utah pioneer, who won wife In romantto
xasnion, axes. age 2.
Pacific Coast.
Pettlbone case may be thrown out of court.
Page 1.
Marshfleld people who start for Portland
compelled to spend Christmas on stage
in mountains. . Page 4.
Wallace mining man and family have
miraculous escape from death. Page 4.
Commercial and Marine.
Buying continues In wheat market and
undertone is strong. Page 18.
Reports of light stocks in Northwest cause
aarance in vnicago wheat market.
Page 18.
Stocks not affected by high call loan rate.
rago jo.
Seven grain carriers with a total of more
than a million bushels, finish loadlns
Psge IS. "
Portland and Vicinity.
Master plumbers will reduce wages of Jour
neyman plumbers January J. Page 12.
Spokane and Multnomah football teams will
play today. Page 4.
Many employes of banks, corporations and
merchants receive Christmas gifts from
employers. Page 8.
Christmas season causes issuance of many
marriage licenses. Page 8.
Homer Davenport comes to Portland. Page
9.
George A. Steel declares Governor Cham
berlain's language is ungentlemanly.
Page 9.
Council committee side-steps action on
Welnhard's brewery license. Par 19
Food and Dairy Commissioner Bailey ch
lenges critics to prove charges. Page 9,
................?
r 2- ) '
' - ' '"AX
I
HENEY EXPLAINS .
E OF DELAY
Full Agreementon Ore
gon Land Trials.
NO APPEAL MADE FOR BRISTOL
Prosecutor Makes No Effort
for Reinstatement.
NOR TO NAME SUCCESSOR
Oregon Delegation Expects to Agree
on Man Before Congress Meets
Again JTo More Interrup
tion of Trials.
OBBGONIAN'NEWS BUREAU, Wash
ington. Dec 24. Francis J. Heney had a
final conference today with the President
and Attorney-General Bonaparte, and it
was mutually understood that the prose
cution of the remaining Oregon land
fraud cases will go forward expeditiously
from January 3. It is positively an
nounced, both by Mr. Heney himself and
by the Department of Justice, that Mr.
Heney will personally conduct the prose
cution of at least the most Important
cases. During today's session Mr. Heney
explained the reasons which have hereto
fore made It Impossible for him to' get
away from San Francisco and his ex
planation appparently satisfied both the
President and the Attorney-General. His
plan of procedure as outlined to them is
also said to be quite satisfactory.
Fixes Pay as Prosecutor.
Aside from discussing the programme
of the land cases, Mr. Heney took up
with the department the matter of com
pensation still due him for his part in
the trial of .Williamson and other cases.
The funds allotted for those cases be
came exhausted before Mr. Heney was
paid in full and the Government is still
in his debt to the extent of several thou
sand dollars. The exact ameint cannot
be learned, though it is understood his
bill was about $25,000, part of which ' he
has received. What his compensation will
be for conducting the pending cases is
not made known, though the amount
was fixed upon today.. It is not the in
tention of the department to make public
the figures.
No Intercession for Bristol.
Mr. Heney will not discuss his confer
ence today, but from other official sources
it is learned that since his arrival he
haa made no attempt whatever to have
W. C. Bristol reappointed, though he
expressed regret that the department
found it necessary to recommend . a
change. It is also stated that Mr. Heney
has not recommended any one for ap
pointment as pistrlct Attorney.
Delegation Tries to Agree.
Up to the present time the Oregon dele
gation has reached no agreement In this
case, but there is a probability that It "will
take action before Congress reconvenes,
so that the President can make an ap-
CAUS
SANTA CLAUS MURPHY (HARRY) DISTRIBUTES A FEW CHRISTMAS
PRESENTS WHERE THEY WILL, DO MUCH GOOD
PICTUKES WORTH SEEING.
Pictorlally, The Oregonian's
New" Tear Annual, which will
be Issued Wednesday morn
ing, January 1, 1908, will be
one of the finest this paper
has ever published. Particu
larly worthy of mention are
the handsome livestock photo
graphs, representative of the
industry in all parts of the
state, which will be repro-.
duced in halftone as illustra
tions for special articles writ
. ten by well-known authorities,
dealing with the breeding of
fine cattle, horses, sheep and
other stock, dairying, wool
growingy and agricultural pur
suits. -
It is a fact not generally
known that several of the fin
est dairy cows In the United
States are owned in this
state. Photographs of sev
eral of these blue-ribbon ani
mals will be reproduced In
The Oregonian's forthcoming
annual. There is no better
means of advertising Oregon
In the Central West and mak
ing friends and relatives "back
East" acquainted with the
manifold advantages of this
state for the homeseeker than
mailing them copies of the
New Year's Oregonian.
No matter where your
friends live, nor in what pur
suits they are engaged, The
Oregonian's New Year num- '
ber will contain Information
valuable to them. It will ans
wer every question concerning
the natural resources and In
dustries of this state that you
have been asked to answer.
The price of this beautifully
illustrated number will be but
S cents. Postage to any part
of the United States will be
3 cents. Orders for copies
should be filed early. '
polntment and send in a nomination on
January 6. If the delegation Is a unit
and the President appoints the man of
its choice, prompt confirmation will
follow.
Chris Schuebel, of Oregon City, who
was here looking after his own interest,
is reported to have gone home. It seems
evident that he will not have the support
of the entire delegation and it may be
his name will not be presented, though
this Is yet to be determined.
Mr. Heney left for New York on the
midnight train and goes West in a few
days.
Fulton Coming Home Soon.
OREGONIAN NEWS E-JREAU, Wash
ington, Dec. 24. Senator ' ulton states his
expected visit home Is n on account of
F. J. Heney's demonstr.-lons or inter
views against him, but solely to register
h'.mself as e. candidate far the Senate.
Ho expects j reach Astoria by January
6, and return here immediately upon reg
istering. Mr. Fulton declines to talk for publica
tion concerning Mr. Heney's visit. He
expects to leave here this week for Ore
gon, to remain until the close of the
Congressional recess."
Xew Northwest Postmasters.
OB.BGONIAN NEWS BUREAU, Wash
ington. Dec. 24. Postmasters appointed:
Oregon Long Creek, George A. Rine
hart, vice Frank Kahlor, resigned; Rex,
Henry H. Peters, vice Jennie Conrad, re
signed; Richmond, Charles E. Slegmund,
vice W. E. . Reed, resigned.
Washington Port Discovery, Edith E.
Delanty, vice William Delanty, dead.
Case Against Walsh Closed.
CHICAGO, Dec. 24. The Government
today formally rested Its case in the
prosecution of John R. Walsh, who is
accused cf misapplying funds of the
Chicago National Bank. Judge J. B.
Anderson, before whom the case is be
ing heard, adjourned court 'until Thursday.
IE CASE
M. SAYS JUDGE
Orchard's' Story Not
Corroborated.
TRIAL MAY END ABRUPTLY
Court Will Decide Thursday if
Case Shall Go to Jury.
STATE'S TESTIMONY ALL IN
Borah Asserts That Conspiracy Has
Been Established and That De
fendant Was Part of It Wil
son Argues the Law Polnt9.
BOISE, Ida., Dec. 24. Before hear
ing argument on the motion for an in
structed verdict of acquittal Hied by
the defense in the Pettlbone trial to
day. Judge Wood announced his con
clusions on the question of corrobora
tive evidence and stated that there ha'd
not been sufficient corroboration of
Orchard's testimony on the killing of
ex-Governor Steunenberg alone to war
rant a conviction. He also said that
corroboration was necessary to estab
lish a conspiracy and invited argument
as to whether or not such corroboration
had been given by the - state, and
whether or not the defendant had been
connected with that conspiracy. The
conclusion of the court means that
either the jury will be instructed to
acquit the defendant or that the trial
will proceed on the proposition that
the state is not required to connect
Pettlbone with the Steunenberg mur
der, it being only necessary to show
that a conspiracy to murder existed.
That the defendant on trial was a
member of that conspiracy and that
the killing of Steunenberg was an in
cident thereto.
In the Haywood trial Judge Wood
held that it was necessary for the state
to produce evidence tending to connect
the defendant with the speclnc crime
chara-ed, iudepfiudbnt -of the testimony
of Orchard. His announcement today
means that he will either reverse that
ruling or sustain the motion of the
defense to direct an acquittal. A ruling
on the motion will be made Thursday.
Judge Wood directed the defense to be
ready to proceed with its case at that
time in the event the motion was not
sustained.
The state rested its case In the
Pettlbone trial this morning, after
the examination of W. H. Gabbert,
Justice of the Supreme Court of
Colorado, Senator Borah announced
that the state rested and John
F. Nugent, for the defense, filed a mo
tion asking that- the jury be advised
to acquit the defendant. The jury was
excused and Judge Wood announced
that he was ready to announce his con
clusions on the question of corrobora
tive evidence, on which authorities
were submitted early in the trial. The
conclusions were as follows:
Evidence of corroboration as to the
killing of Steunenberg as a separate
transaction is not sufficient to warrant
a conviction. Conspiracy to commit a
number of crimes, which Includes as
an Incident, or otherwise, the killing
involved, cannot be established by un-
PETTIBON
corroborative evidence of an accom
plice. Is there, in this case, any evi
dence of conspiracy to commit crime,
as a result of which conspiracy the
crime charged was committed, and if
so, is there sufficient corroborative evi
dence to convict the defendant there
on? Attorney Nugent argued the motion
to advise a verdict of acquittal only
briefly, and then took up the Idaho
statute providing for the prosecution
of non-residents charged with crime
under which Pettlbone Is being tried,
arguing that It is unconstitutional. He
had not concluded when court ad
journed for the noon recess.
Weaker Than Haywood Case.
John F. Nugent, for the defense, con
tinuing his argument in support of the
motion to instruct the Jury to return a
verdict of not guilty, said that the evi
dence in this case is weaker than in
the Haywood case, because at the
former trial the testimony of Orchard
that the letter received by him at the
Caldwell Jail was written by Pettibone
was undisputed, while in the present
1
-
! -
Mrs. W. E. Corey, Formerly May
belle Gllman, Willing to Give Up
Husband to First Wife.
case Sheriff Nichols had testified that
the letter was not in. the handwriting
of the defendant.
Taking up the subject of the Idaho
statute which permits the punishment
of non-residents who did not commit
crime personally, the same as the prin
cipal, he said that the conviction of the
defense was that the defendant is en
titled to the compulsory process of the
law to compel the attendance of wit
nesses and that it also worked an in
justice on the defendant to be required
to take depositions in his own behalf.
Nugent argued that the Indictment
should have been made charging the
defendant as an accessory before the
fact.
Senator Borah spoke for the prosecu
tion. He said the Idaho Supreme Court
had passed on tht question of principal
and accessory. In answer to Nugent'
points as to the constitutionality of the
Idaho statute, he said that there was
no presumption that the witnesses were
anywhere but where the crime was
committed, and that there would have
to be evidence to the contrary before
the matter could be considered by the
court.
Borah Argues for State.
Borah said that it was the theory
of the state that, first, there was a
general conspiracy to kill those who
were enemies or were supposed to be
enemies of the Western Federation;
second, that Steunenberg was killed for
that reason; third, that the defendant
wie a member of that conspiracy, and
fourth, that Steunenberg was killed by
a member of the same conspiracy in
furtherance of .its objects. He said
that the evidence showed that a con
spiracy had been formed for a particu
lar purpose and that the defendant
was a member of that conspiracy and
that'it was not necessary to show that
the defendant had particular knowledge
of the particular crime, if it was
shown that the crime was committed
in furtherance of the objects of the
conspiracy. The only question of cor
roboration, he said, was whether or not
Orchard had been corroborated relative
to the general conspiracy. Borah then
briefly reviewed the evidence.
In closing the argument Nugent said
that the corroboration of Orchard had
to be by evidence entirely aside from
the testimony of Orchard. He said the
state had absolutely failed to show
motive on the part of Pettlbone for the
murder of Steunenberg.. When Nugent
concluded, court adjourned until
Thursday morning at 10 o'clock.
PEOPLE DON'T TRUST SHAH
Crowd Keeps Watch Until He Keeps
His Promises.
TEHERAN, Persia, Dec 24. Twenty-
four hours' reflection seems to have con
vinced that faction of the Persian public
which favors the Constitutionalists that
it is better to keep their powder dry, at
least until the Shah's promises of reform
are converted into acts. The utter lack
of confidence was evidenced this morning
In the bazaars, where the shops that were
reopened yesterday had their shutters up
again today.
Small armed crowds are reassembling in
the public squares, but up to the present
time there has been no aggression. One
of the chief legal advisers of Parliament
was shot at by some soldiers last even
ing, but he was not hurt.
Nasi el Mulek, the former Premier,
who was exiled recently, left Enxell for
Europe today.
DEATH IN CHRISTMAS MAIL
Infernal Machine Found With a
Quantity of Explosive.
ERIE, Pa., Dee. 24. While distributing
Christmas bundles in the South Erie
postoffice this afternoon, an employe be
came suspicious of a ' package, the end
of which had broken open, and making
an Investigation, the package was found
to contain an Infernal machine so con
structed that opening the box would
cause an explosion that would have un
doubtedly killed all persons near it and
set Are to everything in the vicinity.
The package was addressed to Archie
Carr, 2208 Cherry street, and had been
mailed in this city. Dr. W. J. Wright,
health officer and chemist, after an ex
amination of the bottle, said it contained
a high explosive, but would give no other
details until after further investigation.
IS COREY TIRING
OF
Trust PresidentYearns
for True Wife.
HIS SOCIAL AMBITION FAILS
Business Associates Close the
Doors on New Wife.
MEETS FIRST WIFE TODAY
Weary of Lonely New York Man
sion, Actress-Wlfo Would Agree
to Divorce Pride Alone
Holds Him Back. ' ,
PITTSBURG. Dec. 24. (Special.) Is I
William Ellis Corey tired of his new wife, j
Maybelle Gllman? Has the president of
the United States Steel Corporation j
grown weary of the songbird he wedded I
and pjaced in a gilded cage? Does he
desire to return to the companionship !
of his first wife and their 20-year-old
son, Alan?
Members of Pittsburg clubs and busi- .
ness associates of Mr. Corey say that the ;
answer to all these questions is "Yes."
Mr. Corey got a divorce from his first wlf ,
because she had no desire to shine lit
society. Wth his money and a younger
and more beautiful wife he thotrght he
could break Into New York's charmed
set. So did Maybelle Gllman. They have
both discovered their mistake. - Mr.
Corey's associates talk business, "" but
neither tender nor accept invitations, and
the big New York mansion Is a lonely
place except when the second Mrs. Corey
Invites her former friends. But that is
done secretly.
Paving Way to Reconciliation.
While Pittsburg clubmen do not Inti
mate that there is any friction between i
Mr. and Mrs. Corey, they say both are
deeply Jlss.ppolnted, so much so that
Mrs. Corey, In view of a liberal settle
ment would place no obstacle In the way .
of Mr. Corey's legal marriage to his first !
wife.
It Is reported here today that Mr.
Corey will eat Christmas dinner at the
farm In Lancaster County wnlch he pre
sented to his parents. His former wife
and their son will be present at the meal.
It Is hoped by the Corey family that the
Steel Corporation president will make
overtures to his former wife for his re
turn after the legal obstacles have been
removed.
Longs for Wife tnd Boy.
Mr. Corey's heart is longing for his
first wife and boy, friends say, though
he Is too proud to admit it openly. It
Is predicted that before long it will have
burned through his haughty pride and
brought him to their feet humbly beg
ging forgiveness. Those who know the
first Mrs. Corey predict that, when the
time comes, she will pardon him and
take him back,' believing, as she does,
that he Is still her William, deep down
in his heart of hearts, no matter what
his pride may have led him to.
The warmest feelings always existed
between the first Mrs. William E. Corey
and the mother of her husband, Mrs. Al
fred A. Corey, of North Braddock. They
exchanged visits and, when the deposed
wife was living with her mother, Mrs.
Frank Campbell, of Swlssvale, she was a
regular guest in the Braddock home.
GIVES TONS OF TURKEYS
Ex-Senator Clark Remembers Em
ployes In Several States.
BUTTE. Mont., Dec. 24. Bx-Unlted j
States Senator W. A. Clark today and yes-(;
terday had distributed 25 tons of turkeys ,
as a Christmas gift to the married men ,
in his employ In this city and at his prop- ,
erties In Arizona, New Mexico. New York, ,
Vermont and New Jersey. Five tons of j
turkeys were needed to supply Butte ,
alone.
The birds cost 1120 a ton. The giving
of turkeys Is a time-honored custom with
.Senator Clark.
DONEY AGAIN IN TROUBLE
Arrested on Felony Charge for Tak
ing Bribe of $50.
BUTTE, Mont., Dec. 24. Amos Doney,
the former member of Judge Lynch's
Jury panel, who was found guilty of con
tempt of court and fined $500 and sen
tenced to serve five days in the County
Jail by Judge Lynch, but released on
$2000 bonds pending an appeal to the
Supreme Court, was again arrested this
morning on a felony charge.
It is alleged in the information, which
was filed In Judge Dolan's court, that
Doney agreed to accept a bribe of $50
from J. V. Collins for the purpose of
bringing In a verdict.
Kills His Hospital Nurse.
MILWAUKEE. Dec. 24. Sister Theresa.
a nurse at St. Mary's Hospital, was to
day shot and killed by Gustave Wirth,
who is believed to be Insane. The as
sassin was captured after a chase of sev
eral blocks.
Wirth was operated upon at the hospi
tal a year ago. He called there today,
and upon seeing Sister Theresa, began a
fusillade, Bring four shots into her body.
Sister Theresa died in a few minutes.
Wirth said the hospital officials had tried
RISK
to poison mm.