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About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (April 10, 1901)
A good all-round suit for
If you want to all wool and
something that will look
like tailor made ask t sic
our $8.00, $1(UK) and $12.00
,VI m -MAY. APRIL 10. mil.
V.YSTERY IN A GRAVE
,iN AS TO WHETHER MURDER
Itlt Nln-Yar Qlrl't Awful rat
Strange Purchass or Bols Paper
Containing Story of It.
).. n riirrenct's in Baker City
tttions tiy the Uhihi' sialic-
In material for an interest-
r ciirilainiiiii mystery ami
hiiH Intitin.- at murder to cover
lei'.i than which none in more repre-
M. Helta Kay Hull, yean old,
(Mod aaMMal in July, 1100, and the
v vra- interred without the march-
vest iTt urn the rape warranted.
-iif, the Boise Stateamau
U exhaustive review o( the rase,
i )kr 1 cucueHtei) that the fi nd
-suited the little itirl had 111 u r-
red her t destroy evidence against
. VV ...I Tf.u .t.l'r .. II IF M -lUll'N.
ii containing the review reached
i .:v. a man un k n n it atipoariieo
' jrOOssJ man who sells them there
' iitht the entire lot he had re
ie.i. k.i that no one in Baker City
raid his Statesman that day.
The Statesman' Statement.
nun the Htatestnan acconnt, is
en the following:
!n the little eemeterr at the town
Cuvette there is a grave that holds
i terv deep and dark.
rbtN lies the remains of n girl, V
r- old when she djaxl. a girl who
v.iiid question foully murdered.
11 a story of an assault almost un
rulleled in its hrtitahty, ani unniis
kahlv would she litp the name of her
jiieer and slayer the fiend who must
le and tremble at every thought of
t Mack crime that crushed oat the
r of this happy child, and whose
l and niglits must lie haunted by
r w-serihable terror that only mar
''The victim of this terrible crime
the child of Mr. and Mrs. James
111. ot Payette. The girl's name was
lis Fay Hull, and on the day of her
ktli she was 4 months and 4 davs
M tOM V years old. The crime was
n "'-I near Baker City, Ore., in
hr, ItsNj. Evervthing was hushed
, and the cry for justice, for ven
I' i hi ill lag to the bloodless lips of
a " nt childhood, has gone practical
tin hei-deu .
Investiaatlon Wat Incomplete.
'e has yet tieaiii no suck icvesti
I us if demanded in auch a
lotting case. It it an interstate
ty, the child haviug been foully
i to death in Oregon, though her
li. uf in Idaho. This circuui-
huf hampered those appreciat
necessity lor a determined
Iseeiiiion of the murderer and has
Iponaibla in mi indirect maimer
suppression of the story of the
IBM, it is oue of thos cases, how -W,
ill whioii the people of the com
nit directly affected will have the
pa,tbjr if not more substantial
jport, of the people of the ettire
t i altogether probable that the
I it iens of Payette will find such ,
ipatb) and encouragement extended
nam from all sections after our
pie shall haxe learned the dreadful
ure of the crime com lii i I ted.
The --talesman was given a cue to
' a-e uiid a represeldutl ve ol this
was sent to fayelle and hnday
an investigation. As the result
tirst nuulished account of the
is herewith presented."
a as as
REGENTS TO SKLKCT PLANS.
lern Oregon State Normal to Have
a Threa-Siory Building.
lie hoard of regents of the Km. tern
ftf'Jll MLMLe tuiriltl. lu' urn re l.o .1.
a meeting at Weston today. State
on the train Tuesday evening; J.
Have you a Broken
I.... ..... A,. .11 VIJ. lA h,,..
repairing and guarantee it.
Our UuaraiiUt is On
Tel f i v..i mii 1iMn,1 llmilk what
say, as our business, our mum
our fut ire deuunds uuoii it. Work
uiail will receive our prompt and
' 11 1 .bwunuu.
eweler and Optician..
est dour to A lexauder A Heater a
Dry Goods Co.
W. Scriler, of I.a Grande, came OtU
Tuesday night ; R. Alexander ai d .1
II.Rnlcy, of this city, mad up a part)
that took the morning train for Weo
ton. Thev :..! W. li. l.nn. of
Helix, to lie ttsSfe when thev arrived.
The above nient toned . together with
P, A. Worthingtoii, of Portland, con
stitute the tniard. Mr. Worthington
will not lie present.
The object of the meeting today is to
consider plans submitted for the con
rdrm tion of a new three-story brick
normal school building to be erected
on the commanding site east of the
present school buildings, which was
selected at a meeting of the executive
board a few weeks ago, the land being
a donation from the public spirited
citizens of Weston. As far as known,
only two architects have submitted
plans, C. H. Burggraf, of Albany, and
W. I. Pugh, of Saletr. These two
gentlemen were in Pendleton this
morning and went on to Weston with
the regents so lie to ! present to ex
plain their plans to the hoard, if de-
Messrs. Morrow, Hcriber, Alexander,
I Raley. Pugh and Burggraf expected to
: return to Pendleton on the train that
arrived here at-::Ui this afternoon
NO UREASE OR DANGEROUS DRUGS.
In "Harplelde," the New Scientific and
Successful Dandruff Treatment.
Have you dandruff'' 'Then you have
a contagions parasite disease, un
pleasant, unhealthy and one that will
eventually lead to baldness. To cure
it yon must destroy the parasite that
eats at the root of the hair. The only
preparation for destroying these
germs is New tiro's Herpicide. Charles
; Klein of Laramie, Wyi. , says: "Her
picide allayed the itching, cured the
dandruff and stopped my hair's falling
out . and it is bringing a new crop of
hair." Herpicide is free from grease
or dangerous drugs, ami makes hair
glossy and soft as silk. One bottle
I will convince yon of its merits.
FIFTY DOLLARS REWARD
The Bieyellats ot Pendleton Will Proteet
A number of bicycles have been
stolen in Pendleton during the past
i few days, which has caused the
hi cyclist to band themselves together
for mutual protection. R. W. Fletcher,
agent of the Ramtder, took the initia
tive and circulated the paper, which
"We, the undersigned, hereby donate
one dollar each as a fund to be offered
as a standing reward to any oue siaBf
information or eviJeiice that will lead
to the conviction and punishment of
i any one stealing, molesting, or in any
I way damaging bicycles in the city of
1'endleton, Oregon. The money thus
offered, if not used as above, is to be
devoted at some fut ire tune to the
I building and improving of bicycle
paths on the side streets ol Pendleton."
The above was signed by fifty of the
wheelmen of Peualetou, and bicycle
: thieve had better take warning and
ojrate in some other city.
Rev. John Reid. ir., of "ireat Kalis.
Mont., recommended Kly's Cream
Balm to me. 1 can emphasise his state
ment, "It is a positive cure for catarrh
if used u- directed "Rev. Francis
W. Poole, Pastor Central Pres.
Church, Helena, Mont.
After using Kly's Cream Balm six
weeks I believe myself cured of
.catarrh. Joseph Mcwart, Grand Ave.,
Buffalo. N. Y.
The Balm does not irritate or cauae
aneesing. Sold by druggists at 50 cts.
or mailed bv Klv Brothers. rJt) Warren
IS , New York.
Arrivals at Motsl Pendleton.
C F Reums, St Joseph.
A T Brewer, Adums.
A J Marsh and wife. Milton.
Ida H Rodkey. Pittsburg, Pa.
Thos Mmieau, San I raucisoo.
H J la. Seattle
W T Hislop, l'ortlami.
1 I .-alt, Weston.
J H Ackerman, Salem.
K Bragdou, Portland.
A Pennington, Spokane.
J R Colliver and wife, Portland.
f Bernard, Portland.
B W Badeliheimer, Chicago.
.1 W Morrow . lleppiier.
K C (ioodrich, North Yamhill.
J A son Portland
J W Cason. Port laud.
A J Hall, Hpokaue
H M l'atloii, Spokane.
A Melfierhelin New York.
C I Redtield, Heppner.
0 L tioodell, Ohio.
E W Bartlett and wife, La l.rande
Jade Baker, Meacham.
li B Hagau, sn Fraucioao
K C Huriev, St Louis.
H A Yau Amriug, Portland.
Ed Wet .el
iu km. i, Weston.
ieo Harris, Spokane
Andy Nylauder, Spokane.
C M Perkins
Expawieni i is the best teacher. Cue
Acker's Faiglish remedy in any raw
of coughs, colds or croup. Should it
fail to give immediate relief BBOIMe
refunded. 35 cents and 60 cent. Bold
by Brock & McComaa.
A euite of rooms m the East 're
Kiiiau building, hot and o Id water,
tbroom," for fjll a month during the
summer. Apply at the East Oregon ian
Willamette valley wheat has been
injured by cold, late rain
TO GOVERNOR T. T. QLER
JUDGE L0WKI.L M ARBS A STATBMBNT
FOLLOWING CHISF BXECUTIVB'S.
Bxplatns Condition Surrounding ths
Nlmt Csse and the Trial and Con
viction In court
Judge S. A. Lowell writes to, tin-
Portland Telegram as follow:
Pendleton, April 4. To the KditOt
My attention is called to a communi
cation in vonr issue of vesterdav. in
which the governor seeks to nt i f ( i ;
r.vent pardon of Kdwin L. Slims
chietlv ttivon what he deems the errors
of the court which tried the case. 1
entertain : profound respect for the
gubernatorial otlice, tend so long as its
occupant maintains the dignity of his
exalted position and does not rush into
print at every criticism ot Ms pnMic
acts he is entitled to the presumptive
that his dntv Iias licen performed ns
lcst M know and to lie accorded at
least the respect of silence, but when
his acts require to be bolstered bv rc
llection upon other branches of the
government, possibly even a private
citizen is justified in replying.
At the time the Minis case was tried
the writer, as circuit judge of this
district, presided over the court. The
trial occupied seven davs. rnd was he-
fore a jurv of more than ordinary!
strength of character. Ihev were
neither children nor weaklings, and
apstt redly not men who would have
agreed to any verdict of gniltv nnless
satisfied that tliete was evidence to
warrant it. No case at this har was
ever more ahlv tried. On the Mil Of
the state appeared Henry J. Beats, 1 i s
trirt attorney, and ex-Judge John J,
Balleray, while the defendant was rep.
relented b the linn of Carter A Ralev,
ex Judge James A In and ,ltidg
M.Mtwti, of Tennessee, nil of whom art
lawyers of great ability and high
standing. The accused had the fairest
possible trial, and I believe nothing
was left undone which could further
the ends of justice, alike to the state
and dctchdaut. The legal questions
whii h were apparently presented t
the governor were before the supreme
court upon apiveul, together with num
erous other matters raised upon trial,
and the judgment of the lower court
That the verdict was
is doubtless a (act, but
has the gov
ernor never sat upon a jurv
he not know that most jury verdicts
are in effect ttie result of mutual con
cossions and compromises? If he doe
not knew it, one term in the court as a
jurv man wonld give him ricli and via I -uahje
The facts are. as I have since been
credibly informed, that there were six
or seven of the jurymen who were in
clined to the lieliet that Minis was en
titled to a verdict of acquittal, and
that the remainder ranged in opin
from manslaughter to murder in the
first degree, hut the assumption that
these six or seven men were convinced
that the defendant had not been
proven guilty and then consented to a
verdiit of guilty in order to save the
county expense is a reflect ion upon
them in which I am not ready to join.
I prefer to believe that the compromise
was the result of the average judg
ment of the twelve men, reached alter
mature consideration of the evidence
and law, ami the usual concessions' to
the opinion of associates.
They returned a verdict of man
slaughter, with a recommendation id
"extreme" merry, the indictment hav
ing lieen for murder in the first degree,
and the judge i while ill no resect
Im.uimI to consider it at all acted upon
their recommendation in good faith,
impo-ing upon the defendant ttie lowest
penaltv which in his judgment was
possible under the evidence in the
case. Had there been no recommenda
tion on the part of the jurv the court
would have lieen hound, as he viewed
the evidence, to have imposed the
maximum penalty in manslaughter
Governor as a Special Pleader.
I am sure that even the governor,
with all hi art as a special pleader
in self-defense, would BOt assume that
I court, under a verdict to which was
attached the Word-," We recommend
the defendant to the extreme mercy of
the court," would be justified in
taking a construction of the word "ex
treme" which individual jurvmen
after the discharge of the jury from
consideration of the case might ee tit
to place umjo it. It is human nature
for the average juryman in cnminal
cases to attempt to explain his action
to interested parties after a case has
concluded, and courts may well cease'
trying case if the prerogative of par
don is to he exercised because, for
sooth, some jurymen, after release
from the juryroom and from further
responsibility, may say: "Well, I
never would have agreed to the verdict
except that 1 thought the judge would
have given the lowest sentence under
Judges and governor, except iu case
of fraud in the juryroom or corruption
MMMBf the jurymen, must be governed
aolelv bv the verdict, which In the
only possible legal announcement of
the combined judgmeut of the twelve
men worn to fairly a::d impartially
try the case.
Had the pardon been granted upon
the grouud of ympathy for the family
and upon the opinion that the ends of
justice had been met in the case, and
under the conviction on the part of the
executive that Minis would iu the
future lead a law-abiding life, no
word, save of approval, would ever be.
heard from me. Indeed, under such
circumstances, 1 am convinced that it
is the duty of the governor to exercire
the high prerogative with which he is
Object of the Law.
The first object of the law is reforma
tion and its punitive element is, or
should lie, always subordinate. When
satisfied that such condition existed,
I have always been willing to sign a
petition for pardon and have in several
cases done so. Within tiie past sum
mer I with many other citizens here,
asked the pardon of a Pendleton man
upon the ground that he had a young
wife and a numerous family of little
ones needing his care and support,
and who were the chief sufferers by
his further incarceration, and for the
furthers, reason that there was little
doubt but tiiat his lesson had been
such that his futurejwould be orderly
and lawful, but there was no tender
spot touched in the heart ol the gov
ernor then. Why, 1 aui still at a loaa
to understand. The young man iu
question, it is true, belongs Jn ttie
rankb of the lowly in life, add his
wife's people are humble, while Mims
aeems to have been of blue blood and
highly connected both by birth and
marriage. I am sure, however, that
neither justice nor mercy in Oregon
is measured by social standing or
1 am now iu private life and except
for the iutereet every citiaeu ha in the
dispensation of equal justice the
matter is ot small importance to me
but when a caae ha m fairly tried
(and the closest friend of Mime volun
tarily came to me when the caae
ended to express satisfaction with the
fairness of the trial) and the legal
questions involved have been passed
upon by the supreme court and no error
found it is certainly Kith unwise for A
governor to grant a pardon upon the
ground of assumed errors occurring in
the trial of the cause and unfair for
him to seek defense from criticism by
reflection either direct or indirect upon
the courts. Yerv respectfully
STKPHKN A. IiOWKLL.
The Telfframs Comment.
There is some force in ex Judge Low ell's
criticism of (Imernor tieer's com
plaint on account of n casual and mild
suggestion In the Telegram that the
pardon of Minis " would conduce to the
commission of similar crimes. " It il
true the jury recommended "extreme
mercy" which would have been a sen
tence of one vuar ; bin Judge Lowell
heard the evidence knew all the cir
cumstances, gave due consideration us
he was not legally bound to 00 to the
inry's recommendation, and sentenced
Minis to five years' imprisonment,
one-third the maximum cnalty. The
governor thinks he did right, Judge
Lowell is sure he did right, and as
everyliody knows that both of them
meant to do right, there will be no
need of iurther complaint.
a a e
Catarrh cannot Be Cured
wiih torsi applications, aa the i annot reach
the seat Of the dt.cs.-c Catarrh ts h !lm,l or
rontltlitiousl dlMSaM, and In order to run' It
ymi SBUlt tskr tiitrrtinl remedies llsll'- Ch
irrh cure i mken internally and act directly
on the lilivo.l slid tnm nii- -urlHcc-. Hull", i s
tnrrh cure la not mon k medicine. It araa pre
wrllx'it ly one ol the beat physicians In this
country (or years, mid is regular prescription
It la eoinpo-eil ol Hie Ih -i lollies know n, coin
HtMd with the ticst Mood purtflers, acting
directly on the bmmom surfaces. The perfect
continuation of the two Ingredients I. vvlint
pro lin e- sin h wonderful results In cu-lug ca
tsrrh. Send (or testimonials, (re.
F. J i ll KN BY .C CO . Props . Toledo. 0
Sold tiy druKsists. price 780,
Hall's Ksniilv Pills are the lel
FINE HUMOR AND PATHOS.
"the Sky Pilot" Supplies These Mis
Oliver's Reading Monday Evening.
All who have read Ralph Connor's
.Gordon's "Skv Pilot," will not fail
to hear Miss Katherinc Oliver read
the story at the Presbyterian church
next Monday evening. Vpnl IV "The
Sky Pilot" is one of the most beauti
ful western stories ever written. It
abounds in deftlv executed word
pictures, and the artistically written
tale will lose none of its charm when
read by Miss Oliver, who is recognized
as 11 master ot elocution.
Although the general admission is M
cent", the prne has Keen placed at '.'"i
cents (or student at the 1'endleton
academy and the High school. Tickets
are on sale at Tall man's and at Hrock
.V Mediums' drug stores.
Iu this "Tale of the Foothills" bv
Kalph Connor there is the largest op
portunity lor the portrayal of the hu
mor and pathos of western life. Miss
Oliver's impersonation and interpre
tation is with such realistic fidelity
and isiwer as to make the various
haracters live and move hefore the
audience. icar little Owen wins a
very warm place in our hearts, while
the Luke," the "Old Timer,"
Robbie Moll and others hold our
keenest interest hut "The Sky Pilot"
as the voting missionary is termed.
.in : hi- able I leiiteiiaatlt, the cowlaiv.
known as Bronco Kill, capture us coin-
detely. Only a great author could
lave given us so natural and charming
a volutin-, and at the hands of this
real artist the characters shine with
an even brighter lustre.
Stppd Into Live Coals.
"When a child 1 burned 111 v foot
frightfully," writes W. H. Kads, of
esv 1 1 ie, a . wh ich 1 aused terri
ble leg sores lor id years, but Bucklen's
Arnica Salve wholly cured me after
everything else failed." Infallible
for burns, scalds, cuts, sores, bruises
and piles. Sold by Tallman &. Co. SiA
f H AT BRASS MONKEY.
a Satire on Superstition, Yet
Author Is Superstitious.
Charles H. Hovt, the celebrated au
thor of a score of successful farce
comedies, satirized superstition III "A
Itrass Monkey," one of his greatest
hits. In spite of this satire, however,
it is said that the author refused to
allow the original rehearsal of the
play to begin on the l ;th, and told the
stage manager to call the company for
the 11th instead, the same thing
hapM-ned this season. The first re
nearsal was called for Monday, August
lii, and then changed to the IHIi.
While there is a Jonah character iu the
plav, it also contains a "mascot;"
also a (harming suibrette, Miss Mazic
FrOJObolli as Baggage, Jonah's daugh
A Poor Millionaire.
Lately starved in London because
he could not digest bin fiaid. Larlv
use of Dr. King's New Life pills
would lave saved him. They
strengthen the stomach, aid digestion,
Jiromote assimilation, improve appetite,
'rice He, Money back if not satisfied.
Hold by Tallman A Co., druggist.
R. Martin has received a big hip-
ineut of ham and bacon from the east.
Il is mild cured and very tine. Martin
is receiving fresh shipments of green
vegetable- very dav, such as spinach,
onions, rhubarb, and aspuragua. He
also has a very fine selected stock of
canned goods and dried fruits. Martin
ia making close price and it will pay
you to call and see him.
Horses weighing from 1U00 to lout)
pound.- from 1 to - year old. Must
be sound and in good condition and
J. C. HAYII A HON,
cures coughs and colds at
ptue. We don't mean that it
relieves you for a little while
it curts. It has been doing
this for half a century. It has
saved hundreds of thousands
of lives. It will save yours if
you give it a chance.
"1 ka. itwai tw aauck b.aa.1 fia
I alv.r itwUMf tihilvii'. tut"
ikrvtu U..cSIl sad Uw UvuSl.
Cat AS. .ANUaaiAK,
fjaji'i tJau.iuuwtluu lltu- ts sul. ttf mlt
IrtSlltHB a14 aaawt K wins mr mm g
1 1. tk utM sHsS.tl a ywaur an'-!
mum ki uiur uuisa; ttM..
. - . a .
M nu Imt 111
uauu. ftl... Smu'
I.fc- J V
t u. ran. a. C w.,1.
tfvr attic l. 1.1IIU.U Jt o , iirmttfimUt-
m. r n iiaasV uii ,
Ma 1 mm
00Vtl(lHT (Mil AHtgT
man fJOHAfNfU ft MAM
Dealers in HARDWARE, STOVES, BARBED
WIRE, SHELF HARDWARE, PUMPS and
PIPE. :: PLUMBING A SPECIALTY.
601 Main Street, Pendleton, Oregon.
I n make nhI liread use livers' Itest Flour. 1 1 t..k tirst
premium at the Chicago world 'l Fair overall OOmptth
tion, am) gives excellent satisfaction wlmrever itse.l.
Kvery sack is giiarauteeil. Wo have tlio Im'hI Strain
Kol list Hal lev, Seed live an. I llearilless Itarlev.
PENDLETON ROLLER MILLS
W. s. HI I ks. Proprietor.
Ur and Millard llooms.
The Beat Hotel
Van Dran Bros., Props.
aiaaaFf' jL' ' IJbbbbbbbbI M aaaaS
I f 6 H B
The Wheel that la
Sky High In Quality
Prices From $22 to $60.
Road wheels; - $35.
Racers, - - - - $50.
Chainless Crescents $60.
Boys and Girls Wheels $22
1900 Models as low as $15, $20, $25.
' rasotnt Wheels supplied with spring frtnisi
and Morrow COSJtSI lnakfeH or with tithei
Termi of psyment to
interest, 'uii ami
Eaat Oregoiiinii Building.
HOW DO YOU
The new atore
can never be
For Health. Strength and
Pleasure Drink : : : : : : :
Polydore Moens, Proprietor.
In Selecting a
Pi) N'T let cheapness uulc yon
on must comiaet QUALITY il
SATISFACTION. Without it
metit is bound to follow Thii
have MthcNd foi inspection .in
of suits that ate net lei
stylishness PRICES RANGE PROM
$10.00 TO $20.00.
When vw .i.l.l tll.il
1 iic oiuion
I I a A a
The lining don't rip.
They hold their shape,
They fit better thnn ordinary custom clothes.
you have out guarantee to make it good.
Give Us a Trial.
Kates l 00 a day
Special Kdtes by
Week or raontb
Headquarters fur Travellixj v. i
In Eaatern Oregon.
Successors Iu J. I . Moore
wnit oustontrt, with i"
expect people to know what
yop have to tell If you don't
turn m 1 1 en f 1 1 li ir 10 1 1 h
non 1 come
Oregon Lumber Yard
Kor liariiH ami dwell iih
Cheaper than lie,
Miiihiinui Pa per 1
Tar Pa per 1
Line ami Cement,
Hrick and Band,
Screen Doors A Windows,
Sash and Doors,
Terra Gotta Pijv.
Borie & Light, Prop's
Alta St , Qpp. COtttl House
Donl Steal a Han'
Am.v to. 1. 1 III o. Ill
, I. WhKII
lino It'll! In S lor II
II. Il If .Ml MnlH
asnael . u .. -i u.
I.. ml tui r..l Ii.iii.'.i
iniu i- wurtn in 1 1 i . s.tiiiis.. mm. ii.'.,
aasii, Whips, Ulovus. arusa. 1 i.-m.
h mk.iii '.oi'i. .11. i uaava f.ii mi th sal
hm'I'II.'I) linn., iii.ii has in 'iii i.. itr
Joseph Ell, Prop.
m Peel, Ht. Lesis, Kan-
t I I imalia, ami . .
All Points Last and South
I'.. i ilsiul and points
on th s.iu n J
Arrl v. M.ni.l.ta. vs mluu.1.;. sua frlil.)r. .1
II Us in
si V M .
I IK siUfS, I loo. l.y. suil naiui l.i
lr..M. llSlI SIflpt Suil.lS .1 I. l'
Yin liiloiin.li.. i. i..i.tlug mat su
' 01. mI. II. ma ' .11 nil l ..ltlSS
VN A I' A Mn. 4g.nl
H M i A l ...nr.. II I- A ,
W.ll. Wftll.. A..!.
Under New nanaKCin.nl.
J. W UANCUOri . Prop.
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Cor. Court and Johnson Sts.
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