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About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (April 10, 1901)
CLOTHING.. A good all-round suit for $5 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 suits. leaver Bros. ,VI m -MAY. APRIL 10. mil. V.YSTERY IN A GRAVE ,iN AS TO WHETHER MURDER WAS. COMMITTED. 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 t firings. ''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. L HUNZIKER, 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- sired. 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 Themselves. 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 follows: "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 office. 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 was affirmed. That Compromise That the verdict was is doubtless a (act, but Verdict. a compromise has the gov ernor never sat upon a jurv and doe 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 exfienence. 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 fifteen years. 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 the statute." 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 clothed. 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 political influence. 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. e aa 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 nts. f H AT BRASS MONKEY. It a Satire on Superstition, Yet the 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 ter. 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. Fresh Goods. 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. Horsss Wanted. Horses weighing from 1U00 to lout) pound.- from 1 to - year old. Must be sound and in good condition and blocky built. J. C. HAYII A HON, Pendleton, Or. Shiloh's Consumption Cure 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" II. lAM ikrvtu U..cSIl sad Uw UvuSl. Cat AS. .ANUaaiAK, Wsuvlwd, N fjaji'i tJau.iuuwtluu lltu- ts sul. ttf mlt atMiaaUU -i etM boUl.. 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- i inn Hart, Schaffner & Marx Tailor Made Clothes m. r n iiaasV uii , Ma 1 mm IB 00Vtl(lHT (Mil AHtgT man fJOHAfNfU ft MAM W.D.HANSFORD&CO. Dealers in HARDWARE, STOVES, BARBED WIRE, SHELF HARDWARE, PUMPS and PIPE. :: PLUMBING A SPECIALTY. 601 Main Street, Pendleton, Oregon. BYERS'BEST FLOUR 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. Hotel Pendleton Under New 1 Strictly Pirst-Class Excellent Colsioe. Every Modern Convenience Ur and Millard llooms. The Beat Hotel Van Dran Bros., Props. aiaaaFf' jL' ' IJbbbbbbbbI M aaaaS I f 6 H B CRESCENT BICYCLES 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 CRESCENT AGENCY. Eaat Oregoiiinii Building. HOW DO YOU The new atore known unleaa can never be It advertise.. For Health. Strength and Pleasure Drink : : : : : : : Polydore Moens, Proprietor. In Selecting a SPRING SLIT 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. nanajcement. 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" t ostslogus. expect people to know what yop have to tell If you don't ADVERTISE? Itogethei von expect disappoint 'ptm we tssortmrnt turn m 1 1 en f 1 1 li ir 10 1 1 h e a non 1 come Off. Oregon Lumber Yard WOOD UUTTKRB Kor liariiH ami dwell iih Cheaper than lie, I. umber, lath. Shinules, Miiihiinui Pa per 1 Tar Pa per 1 Line ami Cement, Moulding. Picket. Platter, 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' w Am.v to. 1. 1 III o. Ill , I. WhKII III. 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. Take the... Washington & Columbia River kailway for Ct.u rasto. City, m Peel, Ht. Lesis, Kan- t I I imalia, ami . . HSI- 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' Ml Yin liiloiin.li.. i. i..i.tlug mat su . i ' 01. mI. II. ma ' .11 nil l ..ltlSS VN A I' A Mn. 4g.nl I'a.i.ll.Ujii (Ir H M i A l ...nr.. II I- A , W.ll. Wftll.. A..!. Under New nanaKCin.nl. J. W UANCUOri . Prop. I v : . l a .li'ttl I" t . KmIi ac. SM'. 1. 1 M.Ira b lilt) BlUUltl btMl II. ,1.1 Iu lb. .Hi lur fsuillls. Mua lo .11 la. i.a lo .auiulo rouau KUclrlr liajl.l .il l Ht.iaiu L..I Km jiiool bull. Iu. ( Cor. Court and Johnson Sts. PKNDLfcTON. OUtAiOH Talaphoaa 1 1. ALLliN BROS.. Wood and Poets. l. ...;. I I'iuii.i.II) I'll.u. Mlajlit Kir ...I 1 I ...... .. I.e. l oala Wouil in c .in. 4r. oilico roar of Savings Hank . I'hMM.KTON, - - OMOOJIi A. 1,