The Oregon daily journal. (Portland, Or.) 1902-1972, May 27, 1905, Page 3, Image 3

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THE 'CSZGOH DAILY JOURNAL, PORTLAND. . SATURDAY EVENING, MAY 27, 1905.
r.l'DAIN lfi' PRISON
FOR
Historyof - the I Killing of , Trost
-Brother trn fMnim Neaf
: Wallowa.
V.
7 :Tyry'z:;- i '--echoes from monkville.. t , " , ,- :
' ,.'..,. - (CVyrltbt. 190, by.W. B. Heaist) -V.' - ' ,", -. -
COUPLE uURDER
2
i
'
"StAYER CAMETROM
COLORADO TO KILL
AccusedThem lofiJumpin g
Claim, Ambushed and Shot -
Each Repeatedly.
' . (Special Dlapete ta The Journal.)
"facled and wearing an Oregon boot and
closely guarded, James McBaln waa re
ceived at Salem penitentiary to begin a
ilfa sentence, for a. double murder. Ten
juror atood out for murder In the flret
-e:gT?rm4cM-sewedJ
tending . for second-degree, verdict.
TalcBaln" wife, heart-broken, ha re-.".-.Aumed
to her home In' Colorado with
..1- her two children. ' . .
Jame H. McBaln, a railroad brake-
?rtnan,y .wep.t to. . Wallow county from
Grand Junction, Colorado, a "few
'month ego, staked a homestead in the
Promise country. !5 m Ilea north of Wal
Iowa,- then returned to Colorado. - It la
. claimed thtft IhjnfljwwajiPt Sllhjft if
FgularlocaMon and that McBaln wa
merely a aquatter. Shortly after he left
two- young Kentucklah Theodore and
7"Charle -Trost, brother were also lo
rated on the same land by another" lo
'cafor, on the aame terms on which Mo
Bain aecured It.. On thla point there
'la a dispute aa ta whkhf the tocatlona
rwaa prior. McBaln waa informed of the
alep of, the Troeta, and he returned lm
'mediately to Oregon. At La Grande he
atated that If the Troata were on hla
-property he would kill them. He made
tale aame statement : at 7 every point
along the road from La. Grande to Wal-
LlowJHewnt llrt.lQ.lhJjom ojth
Brad vs. a abort distance from hla
-lalm. and." .accompanied, by Thomaa
- Brady," who had- located- lhe. claim for'
- him, the two men - vlalted the claim,
' They found the Troat brothera absent.
but rojind-Jthey haimada aomeJmprova-
menta on. the property, having -bum
tepee. . Searching the premises, McBaln
found a revolver and took this, remark
ing to hla companion that It would ren
t"der the Trosts less able to defend the
. place upon their return. This occurred
on Saturday, and that night McBaln and
" Brady. returned to the patter's - homavl
tsunia,y mornln g McBjtln: r$latnca.Tlona
"to the claim, armed with a -45-callper
revolyerjsnd a repeating rifle. Later he
:ame to Wallowa and gave htmaelf up
-4h4tmre, stating 4hat he had killed
- the Troat brothers.
.When they reached the scene of the
crime the officer found the Troat broth'
' r lytn-jr'-about 15 yards apart, each
k dead and badljr mangled with " bullets,
fheodpre, the elder brother, waa foun
lyjog - In the tepe,- ehotzAhrough the
boly Jn " three different ,, place,.. ..The
--younger brother, Charles,, waa outside,
' with seven bullet hole In his body and
Jamei H. McBain.
- three through hia head. His skull wa
- i.:
f ,A
I k I
fractured aa If It had been, beaten with
th tdelf6f gUTirHis-fafW wai barned
. by powder. ' ' .
The state adopted the theory that Mo
. Bain, uptm arriving jit the place, found
t only on of the brothera present, shot
1 htm and awaited the return of the other,
- and upon his approach flred upon him
. nd then, In a frenaled moment, rushed
upon him and flred shot after ahot In hla
" body and beat out hia brains.'. It is be
'. lieved that the first brother was asleep
' when attacked and killed. -
McBaln awore. that upon reaching' the
- place he found the two brothera pre
1 paring breakfasts that he informed them
that he had come to have them ousted
'from the property, and that If they did
-- not- go willingly he would take legal
' step. - He saya that Theodore Trost
arose and," selling a double-bitted axe,
made for him. - He eaya that he flred
upon him with hi rifle and Trost then
retreated to the tepee, and ha' aaw him
feeling about the place aa If searching
for a gun, and he flred two more shots.
killing him. n the meantime, he aay
that Charles the younger, flred at him
, with small rifle and ran. He turned
nnd-ehafted the latter, firing at him un
1 )l he fell, and then he ran up to .him,
S' nil seeing he was not dead flred several
note Into his head,-
- ( McBaln -says that he then flnlshej
ooklng a meal which the boy had be
'Kun and ate -It As no one came, he then
!
lf!ti'l"
y (
U
I
Vm wii oM
- A ,-Ss
V''
Willi
u
4 -I ;
j WhaftVlhe jnatter with old Mrt mgim0J . 1 '
..rAw, he thinks he's Diogenet and he's'going around looking for an honest monk.-
T- --5-
went 'tS Wallowa," 25 lntle away, : and
vava hlmnelf nn.
rpnOnrof Ihe-Braot and;WlnTerslsHTr
fled that they were In hearing distance
of the Troat camp and heard aeven
shots, and within about-two hour heard
another fusillade. McBallif'saya that
after the tragedy and he had eaten hi
jneal-ho'- flred some signal ahot to at
tract some one to the place, ao ha could
leave aome one with the bodlee while he
went to Inform the officers. McBaln ex
hibited hi hat with-a hole through the
crown, which her aald waa madewith a
pullet from young Trost's rifle, 'The
rifle lay near 'the body of Troat, aftS "an
empty shell waa In the gun.. - j
The state waa TDrwntd bT IMatrlrt
Attorney C. II. Crawford, Assistant Dep-4
uay John 8. H origins and -T. H. Craw
ford, and K. 8. Clark of Kentucky. The
defense wa represented-by J. R. Wy
att of Albany, and A. 8. Cooley of Wa!
Iowa. Attorney Clark of Kentucky wa
aent here by the relative of the TrosK
The murder occurred April . and In
less than 46 day the trial wa over and
the man In the penitentiary-
COLFAX COMPLETES
STOCK SUBSCRIPTION
Raises Fifty Thousand to Secure
Electric Line From Spokane'
Through Palouse. '
8pCHTTlrfcr to The lonrest) -
Colfax. Wash., May 17. Chief Engl
r A.ftt. Lupfer of the Spokane and
Inland Electric railway, la here today
Inspecting the work of two of hla sur
veying crews near Colfax. The one
under William Mayer haa brought the
line from the north to near the mouth
of Dry creek, while - the Hunt party,
working north from Colfax, I still on
the Palouse - river. The parties will
loin, completing .the line from Colfax to
Fpokflne at the Joining of-Dry-creek-aod
the Palouse river, about four ' mile
northwest of this place. ' Mr. Lupfer
atate lhat a very flne line ha been se
cured -and with the possible exception
of near Steptoe butte. wner a aeoond
line haa been run and bn account of the
unwillingness of thw- land - owners on
on side of the line to give right of way
no change 1 likely In the line from the
north boundary of Whitman county to
Colfax., V-
No work ha yet been ordered oh
definite location beyond Colfax, It being
understood that a lukewarmnee at
Pullman and Mosoow 1 the cause.
Colfax and near territory haa about
completed the stock subscription asked
for Colfax: 150.009 being - raised and
some of the sections where 1 per acre
of holding wa pledged are filled. In-
eluding' Baeslla, Thornton and eotfa
The farmer subscribing' worth over
H00.000, hare nearly raised "that
amount. Mr. Lupfer atate that the
construction Is progressing very satis
factorily on the Spokane section, that
two steam ahovel and several hundred
men are throwing dirt. " All the report
from i the east on the bond sale, for the
whole lint are most encouraging. The
propoaed purchaser of the. bonds are en
route) to make an Inspection- off the Pa.
louse country und are due to be in Spo
kane Saturday of thta week.' v
ittrn.l-IMt'Oil'W-r
wufi n nil
LIJIJIJIJ
wapiti
- It
AT SPRINGFIELD
Attemptsto r Regain -z Floating
llPeavyWhen-He-Suddenly
V' Sinks Beneath Water
FATHER AND TWO SONS
"HELDTOXIRCUIT COURT
Coroner's Investigation Reveals
Fact ThatjChild Starved
to Death.
(Special Dlipetrh to The Journal)
vEugene. or.. May ft. Harry LaDuke,
aged 21 years, waa drowned 1 nthe log
pond at the Booth-Kelly sawmill at
Springfield yesterday afternoon af
o clock, lie waa at work on the boom
In the pond, when he slipped and fell
Into the. water. Kegalnlng hla position
on the log upon which he waa standing,
he aaw his pea vy floating on the
water aome distance away. He started
after It, but had gone only half way
when he suddenly stopped and aank. He
wa probably: seised with cramps. " The
body waa recovered a few momenta
later by the mill hands and everything
possible was . done to resuscitate La-
Duke, but to no avail.
LaDuke came to Eugene from Harri
son county, Indiana, 'last December, and
ha a brother, Umery LaDuke, residing
here. '. He had been employed at the
Springfield mill about, four month.
Booad Over for Aaeaolt.
In the Justice court j here yesterday
W. B. Bmlth and hh eons. Ben and Mor-i
rls. farmer residing In the vicinity of
Elmlra. were bound over In the sum of
1200 each to appear for trial in the cir
cuit court Ytext month on the charge of
assault' with a dangeroua weapon. On
Sunday, May 7, the Smith went to the
home of J. E. Montgomery, another farm
er, and called itlra out, when on ef the
them. It la alleged, hit Montgomery over
the head with a club, . knocking him
down and inflicting aevere. .Injuries,
The Smith and Montgomery, had-been
baring" trouble for several months.
'.- ,, Starred to Seat. 1 ""
The 1-months-old son of 8. Wright
and hla wife, who are camped across the
river- from Eugene, was found dead in
bed by it parent yesterday morning.
Other people camping In that vicinity
knew that the child had net been slehi
and the authorities were notified. Coro
ner Day- made, an Investigation. . and
found that . the babe had starved to
death.' - '.;-:
The body was burled by the county
authorltlea yesterday-afternoon. - Wright
and his wife were on their wsy to Cali
fornia by wagon. It la said that they
are from Salem. -if -'.
GRADUATING EXERCISES -AT
C0RVALL1S SCHOOLS
' (Special Dlapatck "te The Joernal)
; Corvallls, May;, 87. Th graduating
exercise, of the CgrvaUla ubU sehoni,
eighth grade, take blsce at the opera
house Monday 'evening next. An Inter
esting program haa been -prepared, and
T. F. Vincent will deliver the addreaa
to -the -olaa and present fha diploma.
The aaltitatortan la Helen Raber and the
valedictorian, Viola Qardner. r There are
22 eighth grade graduate In this year'
claaa. . j - I-' - - - -
The ninth grade exercise taka olace
next Thursday evening,' also at the op
era, house. A' good program will be
given, and F. L. Miliar will present the
diplomaa... The aalutatory will- be given
by Sadie - Bell, - and the valedictory by
Nora Thomson. --.In the alnth grade
class there are 20 gradualesl.rzrT-;
NEW FISH HATCHERY '
UPON WALLOWA RIVER
r ''" i
i (gpeetat tlsateh te The JearaeM
Elgin. Of,, May 27. Clearing of the
site for the new flan hatchery on Wal
lowa river ha commenced, and. aa soon
a finished.- carpenter -will begin the
will be composed of the hatchery build
ing and a large two-stpr7dwelllng,to
do ueea as .a hotel,
Thl Hew industry Ts located aboufTl
miles northeast of Elgin, on the wagon
road to Wallowa county, and about -two
mile below., the fork . of the Wallowa
and Mlnam rivers. Every thing -point
to a favorable future for the enterprise
and tander -carajrutjeuperrialon it w"l nolconatltutlon oiCio stated Qregoiynd
in in siai. . .. . . .
BIG CROWD WITNESS
"DALLESCOMMENCEMENT
(Special Dlapatck te The Journal.)
. The Dalles, Or., May 27. The largest
crowd ever assembled in the Vogt opera
house attended commencement exerclsea
last night, which bring to a close a very
suocessiui - year lor ine Danes ign
cnooL
.An excellent program., wa presented
and well received by the audience. ,' -
Alvln M. Anderaon, Eunloe Caroline
Donnell, George Richmond, Myrtle Da
vit, galena Height, George Rlddell and
Elisabeth Rtddell were graduates of -the
fourj'ear English xourse . and Ruth
French, Iva Reno, R. Elmer White, Ha
zel Huntington, George Vanae and Wini
fred Wilson of- the three-year English
cours.-
The motto of the class of 120S wa
"Success Is Born of Resolution," class
color . cardinal, red and cream, class
flower Jacquemot rose.
- The stage waa beautifully decorated
wit h- roses and f erna.-wrth-thetnottO
hanging over the arch.
. Considerable- excitement wa caused
arly In t he eye nlng by t he-breaking
of a chair In the" balcony, it was crowd
ed to standing room only when the crash
was heard. Everyone rushed for the
only exit, the first thought being that
the floor had given away and only by
the presence' of mind of A. E. Crosby
fatalities were averted. He yelled to
the crowd to stop. . whloh- for aome rea
on It did
Aa eoon a the cause of the troubTe
wa understood the crowd took it seat
again but many question were asked
aa to whether the floor was safe.
ATJTXOa X KOMTT-SIX-
(lewaal Bpeelal Serf iea.1 . jr-
Bostoni Ma A 27. Surrounded by her
children, grandchildren ana great-grandchildren.
Mrs. Julia Ward Howe, the
noted author. " celebrated her eighty-
sixth birthday today at her home In
Beaoon street. " -There were numerous
caller during 'the day and quantities
of flower, a well a messages of con
gratulatlon; were Sent to Mr. Hew.
Enjoying excellent neann ror one or net
years. Mrs Howe continue to take a
active Interest In social affair, though
ah write, but little nowaday.
It, 1
mxv. n. rrmnrrxiai umii.
Rev. R. , D, .Streyffeler,who ha re
cently been , apolnted pastor of the
Memorial Evangelical churchy-East,
Eighteenth ar.4Po.weIl street, will
preach his first, aermon Sunday at 11
o'clock. There win be aervlce in the
evening at 7.-.20 o'clock. Re. Streyffeler
served for two year lir tni enuren sev
ers! year ago. . .( .
Your Heart-
Is a wonderful pump that work lnoe-
santly". averaging eeventy 14 - pounl
stroke a minute, and forcing from 20
to 20 pounds of blood throughout th
body each minute. - - '
The power that Keep tni wonaerrui
nnmn in motion I nerve-rorce. ine en
ergy furnished by. the nerves.
Disease, over - exertion, fright," anx
iety, alcohol, tobacoo and otner stimu
lants weaken' these nerves, but. , the
heart. Instead 'bf .stopping, make ex
traordinary effort, and causes heart
train. ..
Then come snortneas- of preatn,
art palpitation, dlaslneaa, etc. be-
cauae the nerve are too weag to. xur
nieh power.
-.lane me ontynire remeoy. .
Dr. Miles tfeart Cijfe
It feed, strengthens and build no
th nerves and muscle of the heart so
they can supply . the necessary energy.
. "Dr. Miles' Heart Cure la a marvelous
remedy. I alwaya use It when cardiac
trouble in-present. It meet th Indica
tions surely and completely." C, f. p.
'tIKCHMORE.. M. I)..4M Mass Ave..
Boston. Mas.
If first bottle falls to benefit 'money
- . adequate,
- y desiring
Heatttigt -
GOVERNOR ISSUES
NOTICE TO PEOPLE
Referendum Proclamation PUlf-
lished Submitting Appropria
tioa Bill to Vote. : 1
TIES UP MONEY VOTED
STATE INSTITUTIONS
Ballot Will Not' Be Taken Untj
'-.-- Next General Election 4he
; 'Z-lf-. Coming Year., - .
Salem, Or., May 27. Governor Cham
berlain today Issued the .following proc
lamation: - . -
"Whereas. The secretary of 'atate of
the atate of Oregon haa notified me in
writing that pursuant to the provision
of an act entitled 'An act making effect
ive the Initiative" and referendum pro
Tfirtonr-of -Betldn-nrartlcleTTof th
regulattng elections thereunder and pro
viding penalties for. violation of provis
ions of this act,' approved r eDruary l.
102. there waa duly filed In hi office
on May IS, 1V0S, a referendum-petition
containing f.112 slgnnturea properly-aU
tached thereto, and xor tilled In accord
ance with law ordering that house bill'
No. 270, entitled San act to appropriate
money for the payment of the expense
of the maintenance, . repair, Improve
ments, equipments, and current expenses
of the insane asylum, penitentiary, re
form, deaf-mute and blind schools, uni
versity, agricultural college and normal
schools, and other current expenses of
the tat and declaring an emergency
passed by the Twenty-third Legislative
Aasembly ahall be referred to the people
of the state of Oregon for- their approval
or relettlon. at the regular general elec-
Ifon.to be held on the fourth diy of
Dune, 1908; that said . 1 11 signatures
to said petition are more than 6 per cent
of tha whole number of votes cast for
justice of the supreme court at tb last
regular election.
'Now. therefore, I. George E. Cham
berlain, governor of the state of Oregon,
In obedience to th provision or said act
hereinbefore mentioned, do hereby make
and Issue thl proclamation to the people
of the tate of Oregon announomg that
there haarpeen filed with the secretary
or state of -the-tater-f Oregon rerer-
endum petition with the requisite number
of signatures thereto attached oroeung
that houe bill No. 270. entitled -'An act
to appropriate money for the payment of
the exoense of the maintenance, repair.
Improvements, equipment end current
expense of thejnsane asylum, peniten
tiary, reform, deaf-mute and" blind
fafthooler-unlveraltyagrlculturaLcolJege
and normal achoola. and other, current
expense. of th atate. and declaring an
emergency passed by the Twenty-third
Legislative Assembly of the tat of Ore
gon at th regular session or said ieg-
lalatlve assembly b uDmir.er-To ins
legal electora pt the fltate pf Oregon for
their approval or rejection at the regu
lar election to be held on the fourth day
of June, -H0. the same being th first
Monday in June, 1I0. , , -
"Don t the capital city in the city
of Salem, atate of Oregon, this twenty-
seventh day of May, lo. -
'GEO. C UHof.KLMi,
"Governor.1
KNIGHTS OF COLUMBUS f
-flV-R0UTlrTO-EXP0SITI0W
(Joeroal Special garvtca.) --
New"Tork. May II. A handsomely
appointed special train' will leave thl
city tomorrow,' bearing the delegate
from thl ' vicinity to . tn na
tional convention of the Knighte of
Columbus at Lo Angeles. The. conven
tion will be .largely attended by mem
ber of -the trderi throughout the est
The New Tor part jr will atopren route
at' St. Louts. Manltou. Denver and Salt
Lake. On the return trip the party will
divide into- two sections, on of which
will come back by way of the Union
ractftc:-whtt- th - second ' ectlon -will
return -Via PorUaiuL-. wh.er- tha Lewi
and Clark exponion will be vlalted, and
(h Tellowton park, ..
MILITARY SECRETS
..SOLD TO GERMANY
Jeraal Bpeelal cWvle.
Berlin May 27. Germany' general
ataS 1 pluming Itself on having ac
quired ,th innermost ""ecret of the
military defense at Bart Arthur. Tb
Information waa purchased from Paul
Laasmann, , editor of .Novlkrai, a emt
official newspaper founded, at Port Ar
thur by Admiral Alerleff.
' j Laasmann- ha-arr1vd at Berlin to
arrange for th publication of ar book
about the siege, j He 1 a pronounced
enemy of General Stoeaeel and his forth'
oomlng . book la intended primarily to
explode that officer' claim to th rank
of a, hero, . .
' Woodburn has four saloons. . If they
all make money many -other . people
mtirn
can: I. . - - i - -
That the" FAN SYSTEM-of
the ONLY one which supplies -constantly,
REGARDLESS OF 'ATMOSPHERIC OR
ANY OTHER CONDITIONS, a lDositlveT
uniform supply of
RESULTS will consider no other.
; GMcPhersofiCo.
Ventllatlng and Drying
r N. E. Corner
PARENTS' MEETING;
IS HELD'AT ALSEA
All School Participating , and
Many Prominent Speakers ;
- Taking Part.
PHILODELPHIASOCIETY
PREPARING TO ENTERTAIN
Caterpillars In-Great Numbers
Infesting Corvallis and Other '
Parts of Benton.
(Special Dlapatck to The Joarnel.)
Corvallls, May 27. Today, in Alsea,
Benton county, there la in progress
parent meeting and grange rally, the
event being held In th Grange hall In
that" place. Speaker -for the occasion
Include - Dr. Jamea - Wlthycombe and
Prof. F. U Kent of O. A. C; Hon. T. T,
Vincent, E. H. Belknap and Superintend
ent Denman of Corvallia. All the achoola
of Lobster and Alsea are participating
and . a feature of - th -day will - be i
30-mlnute program of excellent num
bera. A baaket dinner wa served at
noon. -
- - rmrwomaarmmt KIaot.
At th courthouse - next Wednesday
night Mlse Gail Laughlln, a graduate of
Wellesley and of the law department of
Cornell university, la to lecture on "The
Progress of Government, The - young
woman 1 touring th coast under the
auspices of tbafi tat a EauaL Suffrage
association. -
-Tomorrow. Bunday, at the First M
odlst church. Rev. O. H. Fees wtll de
liver - th memorial aermon beforer-the
members of th G. A--H-rJW. R. C and
Spanish war-veterans. ' The subject will
be "The Nation' Memorial Day." In
the evening there will be services of a
memorial nature at all the churches of
thgclty,..-. . ' ,. . ,
To Oir BaBquet,
Preparation on an elaborate seal are
being made at Hotel Corvallia for th
banquet that la to be given thta evening
by member of the Phllodelphlan liter
ary society of O. A. C. The iphllodel
phlana are to entertain on a large scale,
and cover will be laid for 100. The
function begins at 10 o'clock and will
include the usual toast and other feat
urc.
Caterpillars In great numbers ar in
festing Corvallia and other parte of Ben
ton.. A prune orchard at Nprton'a sta
tion 1 reported to ha ve been stripped
of every leaf and In Alsea the peat ar
legion. Corvallia Is alao much per
turbed. . V.-'
. ' lUIT T2LLB1 AOQUITTJUK -
(Special Dlapatck to The Journal.
Coif ax, - Wash. : Ma y - 2 7.---Th ease f
the State of WashlngtoryTversu O, B.
r leio came up .in ina superior couri
The Best
K Scoarlng Soap
. A Metal Polish
A Glass Cleaner
. -. - t JT ax. i iJ . 1 '
ventilation is
purcairrThos
Engineers
Everything In the:
Second and Taylor Streets ;
-Do-you gvwr fegr thtcrinni-.-t
tloua fetllne thatralss your
head 'high Th' lhe air make
,t'
ou step high and walk easy?
'hat' rood feelinr. , . Comaa
from good' food. That .la what
w maK--io cent a package.
AT-ALLt3ROCERS'
4-
Ther haa been .and will b
'-no ehang in th price " bf
Mineral Water, Soda - Water,
Siphon. Syrups-eta.; the
am price will be maintained
all report to th contrary not
, withstanding, ; . '
; STAR BOTTLING WORKS .
rkou Mala 30e. 5a Tint U V
Lime
Dr. B. E. .
-WRIGHT-
The icniiTmo
. . DSaTTMT that
relieve all pain '. . ,
-r in gaow opera-,
- tions. ------ lr- v
:S4a Washing,
Bt, oox. reata.r
yesterday, - Mr. Field was accused of -
stealing IT sheep" from Philip, th,.
wealthiest sheepowner of 'Whitman I
county Fourteea . wltneaae were e-
amlned. The Jury waa out but 'live mln-
guilty. Court .then adjourned until I
Wednesday. May 2 L , . --
- SVTXSXirO BOOK AT BbOXaT. !.
(Special Dlapatck to The JooraaJ.) '
Elgin, Or.. May 27. Thl city 1 n
Joying a building boom. Among th
structures being erected are two modern '"
brick bulldlnga. each two stnriiw in
height. ' One of the buildings la being
erected by Hug Bros., the other br,.
Charles Hollgarth. Th lower floor of -
both building will be used aa store
room, and th upper floor for office' r'
and public halls. - -
-"'FOB V. B. BZITBXOT rVDOM.
(Special DispatcD TEa" JiwrsaLl ' '
Bakef Clty.'Or.. May 27. A petition
I being circulated today -in Baker City
in the Interest of Judge Robert Eakln
for United State district Judge.
Scooting Soap VUd
r
A
'TT