/ TILLAMOOK, OREGON, AUGUST 28, 1919. mook -o------- Jottings. p /.;,A’ . Graf> of H«mlock, went to Mr. and Mrs. Ed. Ledgerwood.of the MILES AND NEWELL BACK IN Married, on the 25th of August.. Pottland today on a business trip. Lewis Robinson and Nettie Porter, Dalles,left for their home this morn­ JAIL. TIRED AND DREARY H G. Bennett returned to Portland the ceremony being performed by ing after a pleasant weeks visit here ------- o—----- Weston left for Portland Batur­ Fi iday after doing some laboratory Rev. C. E. Gibson. and at the beautiful beach at Bar­ Their Escape Will Destroy Right to lorning. work on the highway for the E. W Returning to his home in Portland view. Plea for Leniency. Penalty 2 To Hill was in town from Nehalem , Gazelle Co. of Portland. Carl Haberlach reports that his Tuesday morning was Frank Price, 20 Years. y. I Fred W Root, traveling agent for who had been visiting his sister. Mrs. secretary. E. J. Claussen, is leaving baby girl was born to the wife harles \V. Scribner’s music books, George Winslow for a week. for Sweden about the end of Sep­ Down the cold hard concrete steps, llliam Turner, last week. the home music library, left for Port- Mr. and Mrs. Alfred Rethlefson, of tember to get him a Red Cross nurse, back of the sheriff’s office in the land Saturday. Tomlinson went home to Portland, have been in Tillamook w'hom he expects to marry him. He courthouse, in a dark cool cell, in a er Friday. ■'Irs. J. G. LaLonde and parents most of the summer, and returned to will bring the bride back to the black barred steel cage, are Harry rl Ford left for Myrtle Point Sat- went to the jetty Monday to spend Portland Tuesday morning, taking United States, and probably make Newell, and George Miles, the two the day visiting her cousin, Rev. Ella Davidson with them as a guest. his future home in Tillamook. Carl forgers who were caught last Thurs­ y morning. says he hopes it won’t be a cross red day morning after escaping from thy r rank Ginn, of Portland. Dr. and Mrs. Lebow have returned nurse. to Bayocean for Sunday and E J. Webb and two sons, left for and will be at Dr. Wise’s Tillamook cell. r Day. Grace O’Neil vs. Elsie Vidito is a Friday when interviewed, Miles th Emerson returned to her McMinnville Saturday morning, after office on Monday and Tuesday, Bay suit filed in the circuit court grow­ visiting his sister, Mrs. A. C. Hush­ City on Wednesday; at Cloverdale on looked tired, and his eyes were in Forest Grove Sunday. beck, for a week. Thursdays; Nehalem, Fridays and ing out of a contract to conduct a swollen underneath, and very red. aij yocean Natatorium closes after • hospital in this city. The plaintiff he wearily ‘said; Leaving Friday for her home at Wheeler Saturdays. r Day. suing on a breach of contract, claim- "Newspapers, huh? I don’t want tc Boardman, Oregon, was Mrs. Bert-G. Going back to their home in San ing $35.00 because of money actually say nothing for the papers, sucli s. E. J. Crim, of Portland, re- Daly, who had been., visiting at the Francisco, was Mrs. J. A. Johnson", expended and $60.00 because of loss things better be left out. It starts d home Saturday after a visit in home of C. F. Murphy at Cloverdale. who left on the Monday train. She of employment; $500.00 as special many a kid on the road to the bad, ounty. Mr and Mrs. J. c. Bourne,of Port­ had been visiting with her sister damages and $394.00 general damag­ by reading sensational stories.” s Sonlis was a passenger on the land, have been visiting their sister, Mrs. J. W. Edwall for nearly three es. When a.-ked it it started him, lie day ifiorning train returning Mrs. John Matthews, and returned months. The construction work at the ctimp said, “It helped.” rtland. to their home Friday. Mrs. Klein, of Beaverton, and Mrs. at Idaville is progressing very rapid­ But there is nothing in the story rs. W. H. Savage, of Cloverdale, Leaving for Nevada City, Califor­ Jess Kennedy went to the beach ly accoiding to word brought in by | of Mile's and Newell that would to Portland Monday morning nia Wednesday morning was Mildred Tuesday to spend the day. Mrs. some of the employees. The timber start a kid to the bad. The story is sit her son. McDonald. She had been visiting her Kleine is the mother of a boy Bill surrounding the railroad at the junc­ simply one ot unhappy crime. Miles a Crocker left for her home at father and family at Blaine. Kennedy went across with, and is tion of the lines is being cut and had a ten. year sentence for larceny er Monday, after visiting with Leaving for Ocean Lake Tuesday here visiting him for that reason. burned, sidings have been built, and at the state penitentiary, 'and afte.’ Lems’ here. morning was Mrs. T. C. Percy, who Mrs. C. M. Dyrlund, of Portland, several miles of side track layed. serving but two years of it, he was Labowitch came in Sunday to was going.to spend the day with the was in town over the week-end to Grading is going on and rapid com­ let out on parole, on his honor to be­ his brother, Louis Labowitch Hadleys. see her husband, Mr. Dyrlund. newly pletion of the work seen'ls promised. have like a gentleman. Now he has few days. Returning to her home in Seattle elected cashier of the Tillamook I E. E. White vs. Retta White iB a broken his word and must go back C. Runke and family, of Port- Friday was Dottie Childers, who had County Bank. Mrs. Dyrlund will divorce suit filed in the circuit court. and serve out the ten years sentence , went home Saturday after a been visiting her parents, Mr. and move down in a week or two. These parties were married at Valen­ as well as the new sentence for forg- ’s vacation at Netarts. Mrs. J. L. Childers. Deshler, Ohio, was the destination tine Nebraska, on the 2nd of June, ery, the penalty of which ls from hel Roe, of McMinnville', sister H. W. Maynard, of Portland, agen- of Mr. and Mrq. M. Doty, who left 1866, and that on the 12th of Decem­ two to twenty years Imprisonment. The proverb, "thy sins shall seek rs. H. C. O'Dell returned home cy director of the Capital Insurance here Wednesday morning on the ber, 1917, defendant, without Just or rday night. company of Colorado left Friday. He train. They are going to see their I any cause or provocation, deserted thee out, and be punished," is all too true for him. And the inevitableness ®tenry Schlappi and Jacob Kleger, expected to establish an agency here. son and expect to be gone in the plaintiff, There are two minor chil- of the fact was realized at the tne defendant took these east a couple of months. dren and of Sherwood left Saturday after A very large crowd attended the John Bryson and Cecil’ Jones, tw-o with her when she deserted her hus- sheriff’s office from the first. Blood­ Bur day visit with relatives. nance at Fairview last Friday night, f hounds were not culled because it Portland boys were in Tillamook band. had a fine and most of them say they K R. Hood returned to Portland I was realized that in this day and age Mrs. R. E. Stanley, Red Cross home Friday night coming down from tfie , his wife, after a stay at Coat’s time. of telephone, telegraph, railroad and service worker for Tillamook-county » Mr. O. A. Schultz and wife, and beach at Rockaw-ay. They wen.t back automobile, an escaped criminal has went to Rockaw-ay and Saltair Sat ­ Saturday morning to Rockaway, and I Los -^__JJl8iting here at the home of the Carlisle Stranahan left for will return to Portland a little later. ! urday. Mrs. Stanley was going to no chance if his escape is discovered Fltterson's was Mrs. George Nesling, Angeles, California, Friday. They in reasonable time. Fate w-as hang­ Mr. and Mrs. E. Olson, of Portland, see about adjustments and bonuses ing over the two men from the first. are driving down. who left Wednesday. for some discharged soldiers. Any left for home Tuesday morning, after Even they realized it, and told de­ Returning to their home in Port- After a vacation at Pacific City, a visit with Boquists. They say they soldiers or civilians in Tillamook puty McKinley, that they were hop­ libel Miller returned to her home in land Friday were Mr. and Mrs. R. D. should apply to Mrs. Stanley, and had a grand time, and want to come ing to be caught before they had Devjne, who had been visiting at rebham Monday. again, as much as their friends she will be found at her home at the 1 reached Hemlock. There is nothing Mr. and Mrs. Ray Grate left for the home of Mrs. John Pohl for a would like to have them come. Millis cottage, just east of the Gem ! cheerful or romantic about their two weeks vacation at Oakland, Ore- week. Theatre. Visiting at their former home at i story after they escaped. Pres- son, of Mrs. G. E. Clapp and ■¡K Wednesday morning. Two Portland young men, Roy and I They got out, and ran through the Beaver, Friday, was Mr. and Mrs. home for her cott, Washington .left Mrs J. E. Johnson and family left Elmer Davis, now of Oregon City, Douglas Faulkenbery, hiked In over woods, soon tired, not well-fed. and MrRockaway Wednesday to spend Saturday morning after visiting her and Carrie Reddaway; They were the Wilson River road, arriving here the breath of freelifeandfresh air so sister, Mrs. E. J. Hughes for several day. visiting Mrs. Davis’ parents, and Thursday and starting for the beach eagerly seized, they saw meant weeks. at Rockaway Friday. They are going several more years added to their and Mrs. P. B. Lucas left went on to the baech. Leaving on Friday was Etna along at a peacefully sensible gait, prison sentence. And the jail is a day to go out to the valley Mrs. G. F. Cronen returned ot her where they will visit their daughter. Daniel, who was going to Barview to: home- at Wheeler Monday morning taking about three days time to the mere sample of the pen. They sit on spend the week-end with Marie Nel­ road from Forest Grove. There’s little Mrs. Arthur Stout returned to her son, and Alma and Lydia Furrer, who after a few days spent here visiting doubt but what they will have a good little chair on a steel floor, with a at Wendling, Monday, after a the Durrers’. She also came to attend large sheet of steel overhead. Steel have a cabin there. i bars block every vision out. the Catholic Parish picnic held Sun­ time. Visit in the city. After a visit with her sister at day out near Melchior’s place in the i Mr. and Mrs. J. F. Langner of Port- i Miles nervously laughed how they Dr L. L. Hoy bought a new Oak- Pleasant Valley. Mrs. D. M. Marshall country, east of town. land, returned Tuesday morning escaped, "Oh, let the people guess IMd from A. H. Harris, local agent, She had left for home iti Estacada, Friday After a visit with her daughter. after a few days visit at Netarts. how we did it, it'll do ’em good to been visiting her sister Mrs. Frank Mrs. G. W. Biddle, at Alder Cove, Mr. Langner is the farm editor of the guess. It won’t hurt anybody not to rs. D. Kuratli’s little girl. Ruth, Thomas. Mrs. Maiy Libby left for her home Oregon Journal, and was here look­ know what they got« no business/ for Hillsboro Tuesday morning Ms. V. A. Martin, and Mrs. O. D. in Eugene. Monday. With Mrs. Lib­ ing over the county to write up. He I with.” He has a slight accent when Visit her aunt. Mrs. E. I. Kuratli. Martin, and daughter Laverne left says he was very favorably impressed he talks, and laughs much, though irs. H. L. Gilhum left for Port- Wednesday for their home in Hills­ by were three grandchildren, and and Mrs. Langner was charmed with bitterly. Mr. and Mrs. M. O ’ Brien, also of d Monday, where she expects to boro, after a visit with Hensen San- Eugene. " it. They enjoyed a trip to a cheese Harry Newell wanted to see the y a week. I uers at Cloverdale. factory before returning to their last issue of tile paper and see whai Mrs. C. P. Gates, of Corvallis left oing to Mohler on a business trip home. we said about "Those Jailbirds.” Mrs. A. E. McClain, of -Portland, R. F. Zachman. who went up on i has been visiting with Goodspeeds for home on the Monday morning Solon Schiffr.ian vs. Thad Robison "Bring me down a paper, Stanley”, train because of illness. Rev. Gates, I Tuesday morning’s train. and Trouts, and left Monday morning. pastor of the Evangelical church and Comstock Manufacturing Co., is he asked of deputy sheriff Clarence After a visit with her brother, O. Mrs. McClain says she had a great there, returned to Netarts to pack a suit filed in the circuit court in Stanley who accompanied the report­ er down there. ‘T want to see how- Cook. Mrs. Fred» Reynolds left lime at the beaches. their belongings, and will then drive which plaintiff prays that an assign­ Iday for home. Mrs' B. D. Russell and son. Ban­ out. ment made by defendant Robison be many mistakes tlfey made,” he laughed from his narrow cot in a Mrs. H. Devine. Jf Portland, and ford. left for Walla Walla. Wash., J. H. Proctor left for Hillsboro cancelled and held for naught and rs. E. D. Geiser, have been visiting Manday, after a three weeks visit Wednesday morning to visit with re­ that plaintiff be decreed to be re­ tiny cell, dark and gloomy. But the cell could nqt be as gloomy ank H. Devine fo. a few days. here with her mother, Mrs. E. J. latives. His wife, and mother-in-law, stored to ail the rights, held by him as life for Newell now. He is only 19. under the contract prior to the time C. E. Stauley left on the Saturday Hughes. i Mrs. C. D. Himes, accompanied him. and yet his life has entered the rec­ orning train going to Portland on Mrs. Charles R. Bennett returned I One of Pleasant Valley’s residents of the assignment and that defendant ords of the .scourge of people, siness. to Her home at Dallas Wednesday Mrs. John Graf, left for Portland company be required to make any "Those who don’-t fit in.” There is further payment accruing under the her husband after a short visit with Wednesday morning to visit rela ­ Bayocean bungalows and tents may no place in the world for him, or his terms to plaintiff. rented until Sept lOtll. Reduced here. She will return shortly and tives. friend, so they will be sent to the make her home here. tes during September. * Lee Travis and wife. Lazell DeLano Mr. and Mrs. Joel Warren, of Ok- penitentiary, and live on steel floors 1 Katherine and Margaret McKinley Viulter J. Hurd, a recently return­ and Fredericka Travis and Buster lahoma City, Oklahoma, left Tilla- and take their pleasures when the ent out to Portland Friday to visit ed soldier, of Yamhill, started home Travis, all of Eugene, who have been mook Friday for Portland, Salem, pleasures are allotted them, and eut Monday morning. He bad been visit­ visiting Mr. and Mrs. Fred C. Baker and the southern part of Oregon, on by rote, and sleep by rote, and haw. a heir grandmother. W. J. Peterson will auction off his I ing at the beaches at Netart. , Pacitic and family, returned home Sunday their way home. They have been vis-^ million rules to live by, that other taking Mrs. Travis' mother, Mrs. iting through Oregon for nearly a unfortunates are also living by. ouseKold furniture Saturday. Aug., I City and Neskowin. year, and say its the first year they They followed the road from Hem­ 30 at 7th and Stillwell Avenue. Returning to their home at Port­ Baker with"them anif also Levelle r have spent without a winter or sum- lock to the Grand Ronde riding and Baker. • Mrs. E. T. Malquim and son Blaine land Saturday were Mrs. R. C. Hurst nier, tor the weather here has been walking all the way. Both of them C. W. Boetticher. superintendent ’ere here Tuesday night from Port- i and her foe. children, her mother, mild and equable all the tlnu t hey were wanting to be caught they say. and. They canre down to look over Mrs. A. W. Sheldon, and her sister. of schools at Albany, went through think. They are going to the State So Newell got in an automobile that Miss L. Sheldon. here last week on his way to Netarts, the country. Fair at Salem and then to Itogue was passing that way and rode expect to where he and his wife i Lt. Col. G. C. Dunham, of the regu­ Mrs. T. J. Merrit, of Metzger, left River Valley. through Dolph, standing on the run­ onday morning after spending the I lar army, left Wednesday morning camp. After a stay there, they will The Sunday School rally at Beaver ning board of the machine. Miles Week-end here, visiting her father, after a visit with his parents at probably go on the beach to Rocka- walked right up the middle of the Hemlock. while he was on a leave of way and visit other beaches along on Sunday next promises to be one of J. L. Wilson. road, and when the sheriff’s party the pleasant events of the season for the line. Mrs. J. S. Howell and children, absence. came up to his tracks, they followed A large crowd came in from Bay­ that part of the county. If the weath­ Marriage licenses were Issued last and mother, Mrs. S. E. Edntinsten, of till the distance, until they caught er remains good the grove will be us ­ ocean Wednesday to attend the Fair. Portland, returned home Monday week to Rose Meister, of Tillamook, him, by watching his shoe prints. ed for both program and picnic din ­ They left with baskets full of food and Frank W. Waters, of Portland; morning after a visit here. ner. All of the Sunday Schools in the however that were not bought at the Newell in 4 Jails in 8 Days. K. L. Prator left on the train for and to Louise A. Forbes, of Tillamook fair. If the road was through, these south part of the county, as well as When seen again Wednesday, Portland Friday to have his eyes at- and W. H. Rawle, of Pierce Arizona. those from Tillamook will be repre­ Maxine Walker, of Spokane, and buyers would be coming in every sented; and any one wishing to bring Miles and Newell ttilked and laughed tended.' He has been working at the Bertha Kishner, of Portland, are day. construction camp at Hemlock. picnic dinner and attend is cordially freely. Newell says that considering Six Boy Scouts from Beaverton Invited to do so. Prof. O. V. White it was his first jail experience he had Mrs. Frank Long, of Wheeler, re- visiting at the home of lheir uncle. turned to her home Monday morning James Walker. They expect to leave biked over the Wilson river from will speak in the afternoon on "The been going it pretty strong. He had Forest Grove arriving here Friday. Mission of the Sunday School," and been in four jails In eight days The after visiting at the home of John about Saturday. The Wilson river road is fine for hik­ the "International Sunday School Hood River jail was his first resting Simon's family for a few- days. Mrs. C. I. Clough and Mr. Clough’s ing they say. and has been proving Standard”, will be the leading sub­ place after being arrested. Then he morning Mrs. J. O. Johnson, and daughter. mother left on the Tuesday was held over night in the Portland quite popular lately as several hiking jects discussed Miss Alicia and son Edward, return­ I train for Rockaway to spend the day, Castle, and then here, and then tak­ paitles have come over it. ed to Portland Saturday after a va­ taking with them little Gene and The deer season throughout Oregon/ en to the county s stronghouse a’ L. W. Turnbull, the new superin­ will open September 1st this yeai cation spent around here. Charlie. McMinnville. Miss Helen Krebs and three friends tendent of schools is staying at the and will continue open until October Mrs. Strom and daughter, Norma, They laughed over the story in the of Nehalem, spent Monday In town all from Portland, stayed with her McGee apartments until he can find 21st, according to an annoucement paper, and said that it was pretty in. Mr. Turnbull ar ­ a house to live with Hattie Grindel, Mrs. Strom’s uncle. Jeff Wallace. Wednesday, and mad" by Carl D. Shoemaker, State nice e to only have to break jail to get Utter left for the beach where they rived the latter pan ot last week, Game Warden. The only exception D a column on the front page. and atster. after attending the University of in Union and Wallowa counties complimented the reporter on what Ralph B. Dunlway, of Portland, a will enjoy an outing. Oregon summer session. where the season will open on Sep- he had written. However it was not prominent lawyer of the state was Just to look over the country, Miss here Wednesday, enjoying a little E. S. Hansen, from North Dakota, A. new corporation is now in pro­ t ember 10th and close on November Newell’s peg leg that was used to trip about the county. was here last week. She left Satur- cess of organization, the purpose of 10th. Heretofore, the season has op- open the bors witn, but a chair round. A. B. Freeberg vs. Joee Jacob and day. and says *he likes Tillamook which is to to construct an up-to- ened on August 15th In district No. 1 The young man values the leg too date building on the corner of 2nd whiah consists of all counties west highly to use it In any such way. Barnhardt Jacob, et al, is a suit filed very much. Mr. and Mrs. Tim Hoernemann of Ave and 1st St. East. This building of the summit of the Cascade Moun­ in the circuit court to reform deed to Mile* Hat a Family. Lima. Ohio, were visiting Mrs Hoer- when completed will probably be tain*. The season this year la uni­ certain land. Mile* the older of the two. has a form In both districts except in the used for a moving picture theatre, nemann ’ s brothers. Emil and Roland Mrs. J. H. Riggs, of Hillsboro left two counties hetetofore mentioned wife and writes letters to her fre­ this morning after a stay at Netarts Heuswer this week. They left for and will be-another addition to the The bag limit Is two deer with horns quently, and she too shares in th city beautiful, a bigger and busier runii the Portland Tuesday morning, and will I with her son-in-law, sorrow ot his renewed confinement which is the same as last year. Tillamook. go on from there back east. upper camp. He wanted tt> turn the first day, and return to the cell, but New­ ell said '“’Don't be a quitter" so he plodded on down the road, when all the pleasure was gone, and hope too. The search party came very near them several times, and once one man, some temporarily sworn deputy met them when he was alone on the trail with them, and he very politely got off the trail they say. and disap­ peared in the woods, leaving them a great deal of room to pass. They had mopey and so plenty of meals all along the road according to Miles. AIRPLANE CRASHES TO GROUND WITH PASSENGER YESTERDAY ------ o------ Caught in Gully and Whirlpools in The Air Caused by Wind Through Trees. ------- o------- The aeroplane that flew in here Saturday night, after a fine showing for a few months, crashed to the ground on the field next to the fair grounds yesterday afternoon. Fortu­ nately no one was injured. The story got out and vas around uptown for a while that the passenger was kill­ ed. but Syd Paul, who was the pas­ senger was only bruised slightly un­ der his right eye, and banged his nose, making it bleed. Lt. Elmer Cook, the ____ • va was vv WC aviator not in the slightest way in fault, or blamable for the wreck. There was a strong wind blowing, as it had been blowing for several days, and he ran along the field, the machine rising nicely until it caught in the gully and whirlpool of wind formed by the trees, and then it dipped first to one side, then to the other, and was so far thrown out of the path Aviator Cook had started, that he either had to Mt the treeH or shoot to ground, and he chose the ground. The ma­ chine was only about 40 feet high, and he came down at such an angle, even with the disadvantage ot weird air-currents, that the plane was not totully ruined, The tail of the body doubled up and crumpled down, but the wings and engine are practically uninjured. Abaut 25 passengers were taken up Sunday, 15 Monday, and 10 or 1:: Tuesday before the accident occurred as he was making his first ascent yeBterday. As some one remarked ir­ relevantly, ’YeB, the passenger got his money back, and had a ride and accident both.” The plane will prob­ ably be taken to Salem for repairs. The damage is covered purtly by in­ surance. — SIXTH ANNUAL COUNTY FAIR OPENS TO HUGE CROWDS Finest Stock Show Yet; Granges Have Fine Exhibits; School Fair Is Attractive. Tillamook County’s Sixth Annual Fair opened Tuesday night with an attendance numbering in' thousands. They were entertained with races,, the exhibits from the granges, and the finest cattle show ever held in the county. The amusement conces- sions also provided a great deal of amusement, especially for the pro­ pi lei' rs, who took hi money hand over ¡1st. "Easy" is no name for the spenders of Tillamook, a stronger word should be used. The stock barns are a most inter- eating place especially at feed time. when every old mama and little calf, and fat bull is bellowing in ninety- nine different keys for food, and food right away. Perhaps some of the tones donate "I am worth $1000 then bring along grub.” The rivalry of th" different bleed­ ing associations, most particularly the Jersey and Holstein, has caused a greater number of entries of cattle than ever before, The Guernsey breeders also have a fine exhibit of 1 stock. Large prizes are offered for | the best milking cows tested during the fair. In the exhibition hall many beauti­ ful floral, handwork, cooking and farm product exhibits are out. One table is piled with enough Tillamook cheese to feed all the county for a day or two. The Fairview, Nestucea Valley, Cloverdale, Pleasant Valley and Beaver Granges have exhibits. They contain many fine piece- of sewing, appetizing looking piece- of cooking, and clean farm products. Out In the school building there are fine exhibits of paintings, sewing and other school work is shown by the tastefully arranged mounts. In the races in the evening, the Roman ride was the first event, and was an exhibition that required real skill upon the part of the rider. He stood on the backs of two borne*, and rode arourid the-track at a fast gallop. The motorcycle jump proved the real thrill though, when one of the machines ran up the incline and jumped nearly 20 feet ¿hrough |>.ir cent in the ¡sting is one of teps in the pure re bred breeders e of it they may r grade cows, ley lead in the cause she is the ucej. Our ex- have proven 1 quantity ow cannot of be I to be tljg most ent, county fair, piece of cheese wished until 75 een conriimed. sey Is the leader 'e farmer pleads cheese she is a e milk cannot be Zeppelin Raida / Gish. tlon as to what did In London air raids can 'tewing ’’Boots’* play in which wothy GlBh, of me, will appear ext Wednesday, ten and said he people dur- when the Hun d dropped their .r-stricken pop­ ish shows just tomes did, and he experienced her stay In In the picture , for it is an t has nothing .attles or hor- at there is an hi n "Boots” slave in the hears it she ler over her the sink. was a com- lit in London rranged that under the in- otect them- ibers in case close to the irnied an ex-