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ol | { —q il | e —— o — /. S A Given for aty substance in. jurious to health found in food Tesuling from the use of DEFENSE IN KOGH CASE WAS BEGUN THIS MORNING Continued from First Page exhibit “U” was the certificate of death made as attending physician which he had forwarded as health officer to the state board of health. There was no objection to this be- ing offered as evidence. On re-direct examination by Mr. McDonald Dr. Koch acknowledged that on the burial permit he had placed the date of the death March 8. It was incorrect and should have been March 9. Senator Peterson then stated that the plaintiff rested their side of the case, Mr. McDonald made his opening address to the jury, inwhich he said: “I had intended, at this time, to goat length into this case, but the time which the case has already occupied and the time which will be taken for its completion limits my address. “The defendant in this action,” said Mr. McDonald, “was born in Minneapolis. His father died when he was six yearsold and he was compelled to partly support himself and secure his own education. Later the family moved to Fergus Falls where he attended the grade school and graduated from high school. He then spent four years at the state university and one year practicing in St. Luke’s hospital, St. Paul. From there he went to Ada for a short time and then to Biwabick, on the iron range, where he was con- nected with a hospital, thence to Blackduck, where he has had an ex- tensive pratice. “The defendant has treated a number of cases of diphtheria and observed many mere, giving him an extensive knowledge of the disease. He had formed an acquaintance with the plaintiff in Fergus Falls which was greatly increased in Blackduck and existed up to some time after Oscar’s death. The family was well advised as to the ability of Dr. Koch. He had treated other mem- bers of the family and they visited back and forth. “We will show that Dr. Koch re- sponded promptly Wednesday even- ing, made careful examinations, looked at the neck and noticed that certain glands were not swollen, found large and swollen tonsils, took the temperature (103), pulse found to be from 85 to 100. Dr. Koch was of the opinion that patient had tonsilitis, and gave prescription to relieve tonsilitis. “Next morning the doctor told the members of the family not to leave the house as the case might be diphtheria and on the following morning examined the tonsils and allowed them to go to school, as he thought it was tonsilitis. No criti- cism has been offered of the way he treated tonsilitis. He called several times Friday and remained there that night. “Saturday morning he continued his treatment for tonsilitis, but, not finding satisfactory improvement, he gave, Oscar as a matter.of precaution only, a dose of antitoxin. No evi- dence has been introduced to show that any symptoms of diphtheria were present up to Saturday morn- ing and there were well-defined ones of tonsilitis. He administered 3,000 units, the dose he had always given in cases before as an initial dose, even going beyond the immunizing dose of 1,000 units.” Mr. McDonald told of the subse- quent treatment of the case made by Dr. Koch and continuing said in substance: “Our testimony will show that after the death of Oscar the family was very grateful to Dr. Koch for the care he had given the case. They read the article in the Blackduck American and later heard that the doctor was insuted in a company against such claims as this one and they immediately set about systema- tically to secure admissions from Dr. Koch. *“Albert had called one evening in April. He relates a remarkable conversation, which is not exactly true. This action would not bring back the sister’s companion, the son and brother. A sister and Ruth went to Dr. Koch to secure an admission, opening the conversation by saying, Don’t be afraid, Albert won’t hurt you,” and the doctor had answered, “I know he won’t.” Albert had said that if one more fact were established, he would kill Dr. Koch. Then Delia and het mother went to Dr. Koch. He acted as a gentleman. You can judge as to the conduct of the others. = “They have testified that Oscar had a strong physique. Somé doctors think it advisable to let the body fight the disease as long as possible without administering anti- toxin. Dr. Osborn has testified that laryngial diphtheria is some- times exceedingly difficult to diag- nose. An absence of cetain symp- toms would lead a physician to a negative conclusion of the case. “I hope, gentlemen, you will give that same consideration and atten- tion to the minor details of the evidence, showing the contradic- tions, which you have always given.” Dr. Lankester of St. Paul was called to the stand as first witness for defense. A synopsis of his testi- mony will be given tomorrow. K. P. Grand Lodge Meeting. The _ thirty-seventh annual con- vention of the Grand Lodge Knights of Pythias of Minnesota will be held at St. Paul beginning tomorrow and lasting through Wednesday and Wednesday night. It is expected that this convention will be by far the best session of that lodge yet held, and preparations have been made at St. Paul to royally entertain all visiting delegates. Bemidji Lodge, No 168, will be represented by T. J. Miller and G. A. Walker, past chancellor com- manders of the local lodge, who are the regularly-elected delegates. Mr. Walker has been named as chairman of the committee on mileage and per diem. According to the report just recently submitted by Grand Chan- cellor Ward, the K. P. lodges of the state are in better condition at the present time (both financially and in increased membership) than ever before, and prospects for the future growth and development of the order in this state are very bright. The Pythian sisters of the state also hold a meeting at the same time, and Mrs. G. H. Rhea was elected as representative of the local Pythian Sisters. Mrs. Rhea left last night for St. Paul to be present at the opening tomorrow morning. Notice to Heating and Plumbing Contractors. Sealed bids will be received at the office of Graham M. Torrance, clerk of Independent School District of Bemidji, Minn,, until 8:00 p. m. May 14, 1909, for the installation of the heating and plumbing of a High School building at Bemidji, Minn. Each bid must be accompanied by a certified check in the sum of five per cent of the amount of bid made payable to T.J. Andrews, Treasurer, as a guarantee that the successful bidder will enter into contract and furnish a Surety Com- pany Bond, satisfactory to the School Board in full of the amount of his bid. Plans and specifications can be seen on file with Graham M. Tor- rance at Bemidji, Minn.,, or at the office of the Architects W. R. Par- sons & Son Co., at 601 Phoenix Building, Minneapolis, Minn, The work must be completed on or before the 15th of August, 1909. The Board of Education reserves the right to reject any or all bids. By order of the School Board. Graham M. Torrance, Clerk. Rogers Lumber Co, Retail Lumber Yards A. R. ROGERS, President. Minneapolis, Minn., July 23, 1907. L. K. Thompson, Esq., President, Northwestern National Life Insurance Company, Dear Sir:— I have your report showing the condi- tion of the company under date of July 22nd. 1 have gone over the progress made by your company very thoroughly and am pleased to express to you my con- fidence in the company. The present management seems not only efficient but honest, and I believe will do much, to- gether with such assistance and support as our citizens can give, toward making this a first-class company and one which we may all be proud of. Wishing you success. Yours truly, A. A. ROGERS. Lawrence J. Anderson, GENERAL AGENT, BEMIDJI, MINNESOTA. Office with Markham-Bailey Co. MARKHAM HOTEL BLOCK. Minneapolis, Minn. Subscribe for The Pioneer. SAYS BEMIDJI IS INDEED HUB OF NORTHERN MINN A. A. White of St. Paul, Big Townsite Promoter and Capitalist, Thinks Well of Bemidji. A. A. White of St. Paul, who owns many townsites along lines of differ- ent railroads throughout the north- west, was in Bemidji Saturday and Sunday, looking over his pro- perty here, Mr. White was one of the early investors in Bemidji real estate, and he has always maintained, from the start of the town, that Bemidji would rank among the leading cities of northern Minnesota, in time, owing to its favorable locationas a *hub” for this section. Mr, White has just come from a trip to points in North Dakota, where he still has townsite interests, and after spending Saturday and Sunday here, left for St. Paul last night. Speaking of Bemidji, Mr. White said: “Yon will always have a fine little city here; one which is bound to grow and develop, and I am glad that I have invested money here, as Iconsider it was a wise move- ment, from a financial standpoint, alone. You have got the right sort of business men located here—the progressive, conservative kind who build up great trade centers and leading communities. I always like to come to Bemidji, as it is cer- tainly one of the pleasantest places Iknow of. Bemidji is all right.” Notice to Contractors and Builders. Sealed bids will be received by the Bemidji Public Library Board up to 7:00 o’clock p. m., May 18, 1909, for the purpose of erecting a public lib- rary at Bemidji, Minn. Each bid must be accompanied by a certified check in the sum of $500, made payable to A. P. Ritchie, secre- tary, as a guarantee that the success- ful bidder will enter into contract and furnish a surety company bond, in full of the amount of his bid. Plans and specifications may be seen at the office of A. P. Ritchie at Bemidji, or at the office of Haxby & Gillespie, architects, Fargo, N. D. All bids must be made upon blanks furnished by the Library Board. All bids must be for the byilding com- plete, including general contract, heating and ventilating, plumbing and electric wiring, according to plans and specifications, The board reserves the right to reject any and all bids. A. P. Ritchie, Secretary. Notice to Contractors. Artesian Well in Bemidji, Minn. Sealed proposals will be received by the City Clerk of the City of Bemidji, Minnesota, until 8 o’clock p. m,, of May 1eth, 1909 for the sinking of an artesian well in said city. Well to be cased with a ten nch pipe, Specificatioas and information as to general character of material to penetrate and depth of well will be furnished on application to the City Engineer. A certified check on a Bemidji Bank of 10 per cent of the amount of the bid must accompany each proposal, No other form of check or amount can be considered. The City Council reserves the right to reject any or all bids. THOS. MALOY, M, D. Stoner, City Clerk. City Engineer. Notice. A special meeting of the Degree of Honor will be held May 12. All members are urgently requested to be present as the Grand Chief of Honor will be at this meeting. —Florence Weekly, Recorder. REPORT OF AMERICAN CONSUL Municipal Gas Plant at Manchester, Eng., a Success. Washington, May 10.—Municipal ownership of the city gas plant has proven to be not only a profitable un- dertaking for Manchester, Eng., but economical for the consumer as well. The city’s profits since the works were taken over twenty-five years ago have been $6,750,207, while the price of gas in the Manchester district at present is only 55 cents per thousand cubic feet, according to a report to the bureau of manufactures from Con- sul Howe. A movement is on foot, the consul reports, to reduce the price of gas to 49 cents for sundry manu- facturing purposes and a graduated reduction for ordinary uses. A Sponger. “The worse of Spongely is he never pays anything,” said Grabbles. “Oh, doesi’t he, though? Ask him to pay you a visit and see,” retorted QOBTAINED THE LOTS BY FRAUD| (idvernment Allegations Up- held in Oklahoma Cases. DECISION IN CIVIL SUITS By Overruling Demurrers of Govornor Haskell and Other Defendants the Court Practically. Decides the Cases on Their Merits—Several Thousand Acres of Muskogee Town Lots In- volved in Suits. Muskogee, Okla., May 10.—Federal Judge Campbell has overruled the de- murrers of the defendants in the so called Mott civil Creek Indian land suits, brought by the government against Governor Charles N. Haskell and other prominent Oklahomans. The decision, involving as it does the legality of millions of dollars' worth of lots, created great conster nation here. Not only is Governor Haskell and associates involved in the charge of fraud, but about 1,500 sub- sequent purchasers of lots are vitally interested. Judge Campbell an- nounced, however, that all innocent purchasers would be protected. The suits were brought by the Unit- ed States government for the Creek Indian Nation to recover for the tribe Muskogee town lots aggregating 3,000 acres of land and alleged to have been obtained hy Governor Haskell and the other defendants by the fraudulent scheduling of “dummies.” Judge Campbell overruled the de- murrers of the defendants to the peti- tion of the government, practically deciding the cases on their merits against the defendants on the allega- tlon that they obtained the lots by fraud. Out of these civil suits grew the criminal prosecution agalnst the gov- ernor and six others, for which they were once indicted. These indict- ments were quashed at Tulsa recently, but a second grand jury has been called to reinvestigate the charges. IS PRACTICALLY SETTLED Plan for Reéorganization of Chicago Great Western. New York, May 10.—It is announced that the various interests in the Chi- cago Great Western railway have reached an understanding for the re- organjzation of the road and that only a few technical details remain to be settled. According to the plan stated to have been agreed upon holders of debentures wiH receive new preferred stock to the extent of 110 per cent; kolders of preferred stock A will re-| ceive 120 per cent in new common stock; holders of preferred B stock will be assessed 15 per cent and re- ceive 60 per cent in new common and 156 per cent in new preferred stock, while holders of common stock will be assessed 15 per cent and receive 40 per cent in new common and 16 per cent in new preferred stock. The plan will, it is expected, be carried out at once, so that the road may be speedily taken out of the hands of the receiver. MINERS TO ASK ARBITRATION Want Government to Interfere to End Idleness. ‘Winnipeg, Man., May 10.—The strik- ing coal miners of Alberta and East- ern British Columbia have decided to ask the department of labor at Ot- tawa to appoint a board of concilia- tion to settle the strike. This is the result of investigations made by the international board members, Rogers of Idaho and Mo- gan of Washington, who do not think President Sherman’s action in calling a strike was wise, and this move is endorsed by President Lewis. Sher- man always opposed any reference of the matter to the industrial disputes Investigation act. The board members intimated to the miners that under the circum- stances the strikers cannot expect financial aid from the international body. ALL THE ROBBERS CAUGHT Daring Plot to Loot Treasury at Gori, Russia. Gori, Russia, May 10.—A daring plan to rob the treasury of Gori, in which $1,000,000 is kept, was discovered. The scheme of the criminals, five men and a woman, was to dig a tunnel into the building from outside. They had progressed a distance of 350 feet and had réached a point directly be- low the cellar when a bookkeeper heard sounds of excavating and sum- moned the police to investigate, with the result that all six were captured. It seemed that the criminals relaxed their precautions owing to the fact that the day was a holiday. This was the second similar attempt to rob this treasury. Sunday Ball Bill Killed. Madison, Wis.,, Mdy 10.—Without a word of debate the assembly, by a vote of 50 to 21, killed the bill intro- duced by the committee on judiciary to legalize Sunday baseball. The measure was on the calendar for en- grossment when Assemblyman Ingram moved that the bill be killed and asked for a roll call. GOVERNMENT FILES BRIEF Answers Arguments of John R. Walsh Before Appellate Court. Chicago, May 10.—Arguments of the government in opposition to the at- tempt of John R. Walsh, under sen- tence of five years’ imprisonment for alleged misapplication of the funds of his bank, the defunct €Chicago Na- tional, to obtain frecdom on appeal to the United States circuit court of ap- peals, are contained in a brief filed by Assistant District Attorney Fletcher Dobhums 1o, ronly fo 8 brief filed by counsel for the’ defendant a month ago. % The Walsh banks, the Chicago Na- tional, the Equitable Trust company and the Home Savings, closed their doors Dec. 18, 1905. Walsh was in- dicted two years later on 182 counts. A year later the case came to trial in the United States district court and a verdict finding the defendant guilty on fifty-four counts was returned. Judge Anderson sentenced Walsh to five years at Fort Leavenworth. The appeal followed. Oral arguments will be heard by Judges Grosscup, Baker and Seaman the last week in the month. It is sald that the Walsh faflure caused losses to himself, stockholders and others aggregating $16,000,000. DOUBLE MURDERER CAUGHT Found Hiding Near the Scene of His Crime. Seattle, Wash., May 10.—Jean For- tler, who shot and killed M. Fortier, his brother, and fatally wounded the latter’s wife, was captured by a posse led by three city detectives and is now in the county jail. The man was captured within twenty-five yards of the place where he shot his brother’s’ wife. He had been hiding under a log all afternoon and came out when he saw the officers enter their automobile and ride away. A guard was left at the house in case Fortier should come back and it was in this way that the arrest was effected. d SCHEME HAS WORKED FOR SEVERAL YEARS Dining Gar Crew Smuggles Chi- namen Info Chicago. Chicago, May 10.—In connection with the arrest at El Paso, Tex., of three members of a dining car crew charged with assisting in the smug- gling of Chinamen into this country Assistant District Attorney Sims stated that between 200 and 300 Celes- tials had been brought from El Paso concealed in a dining car. “Two Chinamen a week were brought to Chicago,” said Mr. Sims. “One crowd smuggled the Celestials across the border, where they were turned over to the dining car crew. This car made one trip a week and on each trip carried two of the illegal passengers, one concealed in the ice chest and the other in a linen press. At Chicago another set of conspira- tors composed of Chicago Chinamen took charge of the importations. The smugglers were paid $400 or $500 by each Chinaman brought in and of this $50 went to the train crew. The scheme has been working for two or three years, but I believe we have now broken up the traffic.” SULTAN WAS A GOOD SAVER Had $7,500,000 in Treasury and $15,- 000,000 Abroad. . Constantinople, May 10.—Up to the present time the sum of $7,500,000 has been found in the treasury boxes of the imperial palace at Yildiz occu- pled before his deposition by Abdul Hamid. Two and a half million dol- lars of this is in cash, while $5,000,000 is in marketable securities, equivalent to cash. Furthermore, papers were found indicating that Abdul Hamid has on deposit in Germany, England, France and the United States up- wards of $15,000,000. It is understood that the cabinet takes the attitude that all these for- eign deposits, as well as the treasury at Yildiz, are the property of the state. Two courses are open to the government respecting these foreign deposits; one is to obtain them through legal process and ‘the other through authorization from Abdul Hamid himself. It is not belicved that Abdul Hamid will refuse to direct his agents to pay over these sums, for the reason that as a prisoner it is quite impossible for him to make use of the money, while by glving it up he may secure advantages during his captivity and possibly be given a share of the foreign deposits and in- vestments for his family. Entombed for Three Weeks. Silverton, Colo, May 10.—A diary found beside the body of Louis Flei- tas in his cabin, fourteen miles east of here, told ‘the story of his death in a few sentences and revealed that he had lived for at least three weeks buried wunder a terrific snowslide, through which he was unable to dig. Patten Returning to Chicago. Trinidad, Colo., May 10.—Refreshed from two weeks’ hunting and fishing in the Northern New Mexico hills, sunburned and apparently greatly im- proved physically, James A. Patten, the Chicago wheat operator, is speed- ing toward Chicago over the Santa Fe railway. SMALLPOX IN EXPEDITION Two of Roosevelt’s Porters Reported Stricken. Nairobi, B. E. A, May 10—The Roosevelt expedition is still in camp on the ranch of Sir Alfred Pease at a point near Machakoe. All the mem- bers of the party are well. It is reported that two more cases of smallpox have been discovered among the porters of the expedition. Mr. Roosevelt will proceed to George McMillan’s Ju Ja ranch some time between May 16 and May 20. He will be accompanied by P. H. Per- clval, a brother of Major Percival, one of the assistant game wardens, and C. D. Hill, a settler. Shdoting Affray in Mill City. Minneapolis, May 10.—J. L. Keller, a Canadian Northern conductor, re- turned to his home in this city unex- pectedly and, it -is alleged, found H. C. Gocdwin in company with Mrs. Kel- ler. He opened fire at once and Good- win is now in the hospital probably fatally wounded. 5 & PARIS REMAINS GAY AS EVER Not Affected by Apparent Ap- proach of Crisis. GENERAL Both the Government and the State Enipldyes Are Busily Engaged Mar- shalling Their Forces for the Im- pending Struggle—Premier Clemen- ceau Declares He Will Rather Than Make Terms. Paris, May 10.—Both the govern- ment and the state employes, includ- ‘ng the men of the department of posts and telegraphs, are marshalling their forces for the impending strug- gle. Premier Clemenceau is still con- fined to his room by sickness, but he* is In constant communication with his colleagues and declares he will resign rather than make terms. M. Barthou, the minister of public works, is of the opinion that a con- siderable proportion of the state em- ployes will stick to their posts and that with the aid of soldiers and the co-operation of the chambers of com- merce and the hotelkeepers’ associa- tions, who are organizing auxiliary forces, the public services will be maintained. One hundred and fifty thousand carrier pigeons, trained for war service, have been placed at the disposal of the government. The strike committee of the postal employes ridicules the measures adopted by the government and prom- ises big surprises. It is understood STRIKE LIKELY Resign that the committee does not intend to PREMIER CLEMENCEAU. declare a strike until next Tuesday in order to give parliament, which will reassemble on Monday, a chance to intervene. Many of the groups of railroad men in the provinces have voted sympathy with the postmen and announced their support of the resolution of the rail- road men's congress to go on strike if parliament does not vote a pension bill. In the meantime, notwithstanding the excitement and the apparent ap- proach of a crisis, Paris is as gay as ever. The social season is at its height and the boulevards are filled with pleasure seeking crowds. One newspaper describes the situation as follows: “We are standing over a volcano, but Paris, as usual, only amuses it- self.” COMPRISE 3,000,000 ACRES Portlons of Two Indian Reservations _to Be Opened. Pierre, S. D., May 10.—The next op- portunity for the land hungry people will be in the opening of a large por- tion of the Cheyenne River and Stand- ing Rock Indian reservations in the north central part of this state and extending into North Dakota. The tract to be opened is, roughly, a hun- dred miles long by fifty miles wide, with a strip eighteen miles wide ex- tending eastward for forty miles to the Missouri river, comprising over 8,000,000 acres of land. This is in one of the best portions of Northern South Dakota and, unlike the prairie east of the Missouri river, is well wa- tered by numerous living streams. The territory to be opened is part of the county of Corson, all of Schansse and portions of Dewey and Armstrong counties. The principal streams which cross the territory are the Moreau and Grand rivers, both flowing the year round, with their nu- merous tributary creeks, and the many tributaries of Cherry creek in the southern portion of the tract. Generally it is a rolling prairie, somewhat rougher than the country generally in the eastern part of the “state, but most of it is tillable land. The drawings for filings are expect- ed to occur in October and the same rule will probably be applied as was carried out in Tripp county, requiring the holders of lucky numbers to -wait until the next spring to begin actual settlement and avoid throwing a num- ber of people on the tract to face win- ter cold without time for such prep- aration. Ada Rehan in Poor Health. New York, May 10.—In so poor health that she was assisted on board the steamer and to her stateroom. Miss Ada Rehan, the actress, sailed for Southampton on the steamer Phil- adelphia. As Miss Rehan stepped from her carriage she tottered and might have fallen had not she been assisted. Wife His Largest Creditor. New York, May 10.—James K. Hack- ett, the actor, has filed a voluntary| petition in bankruptcy, giving his lia- bilities as $126,457 and his assets as $744. He named 140 oreditors, of ‘whom the actor’s wife, Mary Manner- Ing Hackett, has the largest claim,| $60,000. SOUTH BEND WATCHES Keep Time Frozen in a Solid Cake of Ice We carry.a complete line of South Bend Watches PRICES GIVEN ON ANY WATCH MADE A full line of all American watchs The Largest Stock of Diamonds and Watches and the Finest Equipped Workshop in Northern Minnesota. GEO. T. BAKER & GO, 118 Third Street Near the Lake WANIS ONE CENT A WORD. HELP WANTED. WANTED—Good girl for general house work. Inquire Mrs. M. D. Stoner 415 Bemidji avenue. WANTED—Girl for general house- work; 716 Minnesota avenue. WANTED—Cook at Lakeshore hotel. FOR SALE. FOR SALE—At Island, Minn,, Transplanted celery plants, best varieties for this region, to be shipped as re- quired, $4 per thousand. Pure bred Yorkshire pigs, six weeks old, $10 apiece. Grade Guernsey cattle a reasonable prices. “G. G. Hartley.”’ FOR SALE—Furnished cottage at Grand Forks Bay, Bemidji, Minn. Nine rooms; large field stone chim- ney and fireplace; 12-foot porch running around the building; 100 feet front on lake. Address Web- ster Merritield, University, Grand Forks county, North Dakota. FOR SALE—Fine driving horse and high grade driving buggy. Horse is a good roadster and gentle—any woman or child can drive him.. Inquire of F. M. Malzahn. FOR SALE—Five-room well built, good location. Rents tor $20 per month. A bargain. Call at 509 American Ave., for particulars, A SNAP—Building 16x32, new sills siding and floors, $300. Cash if moved at once. W. W. Browne, 700 Minnesota Ave. FOR SALE—Rubber stamps. The Pioneer will procure any kind of a rubber stamp for you an short notice. FOR SALE. — Good piano, standard excellent condition. Island Farm, cottage, second-hand make, in C. J. Pryor. FOR SALE—Anyone wishing a few good house plants call at 601 Irvin Ave. Mrs L.C. Atwood. _—— FOR RENT. B S PE PV PSPy FOR RENT—Furnished rooms. In- quire at 921 Minn. Ave. " LOST and FOUND AN AN AN NN LOST—Small pocket book contain- ing $30 in currency and $5 in silver, in Mill park. Finder please return to Mrs. Martinson, Mill Park, for reward. LOST—Open-face lady’s watch. Finder return to Miss Clara Fisk for reward. MISCELLANEOUS. e Rt e ke e PUBLIC LIBRARY—Open Tues days, Thursdays and Saturdays 2:30to 6 p. m., and Saturday evening 7:30-to 9 p. m. also. Library in basement of Court House. Mrs. Donald, librarian. WANTED—To buy, a second-hand electric piano. Apply at Bemidiji Music House. Every Stationer, Should Investigate.! : e 2 Mol TENZ, PEERLESS MOISTENER €O, For Sale at .The Pioneer Office