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ey THE JURY 8 THE SAN FRANCISCO CALL, THURSDAY, APRIL 22, 1897. 15 NOW COMPLET Twelve Men, Good ang | True, to Try the Fair Case. TALESMAN HARRIGAN WAS CHALLENGED. A Dispute Over the Plaint.ffs| Claim for an Extra { Percmptory. SETTLED BY MR. GENEROSITY, FOOTE'S The Actual Taking ef Evidence in the Great Case to Bgm This Morning. Richard C. Mattison. H. B. Burlingame. William Z. T:ffany. James F. Ford. Isaac S. Kosenbaum. Patrick Minehan James F. Martinoni. Louis Markus. Charles D. Douglas. James W. Patterson Jr. James Wightman, Barrow Mish. These are the twelva men, good and true, who have been chosen to pass upon the validity of Mrs. Nettie Craven’s deeds 10 two of the most valuable pieces of property ciaimed by the executors for the late Senator Fair as beinga partof his estate. These are the wise men who are to determine what is conceaed to be one of the most important issues that have arisen since the death of the multic millionaire miner. The was completed at yesterday afternoon’s session in Judge Slack’s court, and the proceeding was witnessed by an immense throngz drawn from the public at large by the magnetic interest that has been manifested ever since it came to light that Senator Fair did not leave all of his vast possessions to his im- mediate relatives. The taking of evidence will begin this morning, the initial effort being, of course, that of the executors to snow that Mrs. Craven’s deeds to the property at the corner of Sansome and Pine streets and that at the corner of Mission and Twelfth streets are not genuine. Expert testi- mony on handwriting will naturally | figure largely on both sides of the case. The morning session yesterday was short. It was rendered so by the counsel | for the plaintiffs, who asked for time to study over the listof jurors preparatory to applying their last peremptory chai- lenge. James W. Patierson Jr., who was sworn in Tuesday afternoon just tefore adjournment, was examined by the at- torneys on both sides as soon as court convened vesterday, and his responses showed that he was thoroughly qualified to act as & juror. He was not on familiar terms with any of the lawyers, litigants or witnesses in the case, and no ill feeling, or, for that matter, no particular affection either for uny of them. He had not been reading much about the case, and had had no opportunity to form any opinions. Mr. Patterson seemed to safisfy the at- torneys and was passed. The box was now filled and, if no per- emptory challenges issued from either side, the jury was complete. But the challenge privilege was going to be exer- cised—that was soon made apparent. The difficulty was, though, that each side had but one challenge left and both wanted to proceed with extreme caution. It was the plaintiffs’ turn to show their hand. The attorneys for that side conferred in undertones and their faces wore serious expressions. Finally Mr. Pierson arose | and, addressing the court, asked that a recess be taken until after the noon hour in order that heand his assistants might furtber confer and determine whether or not1t wouid be judicious to resort to an- other peremptory challenge, Judge Slack assented and 1:30 o’clock was fixed as the hour for resuming the case. There was a story afloat during this re- cess to the effect that suspicion had been fastered upon one of the jurors, but the ccunsel on both sides denied this emphat- ically. When court reconvened for the after- noon session Mr. Pierson announced that siter a lengthy conference the attorneys representing the various issues united on the plaintiffs’ side had decided to permit the jury to stand as it was—that is, they preferred to hold their last cLallenge, Judge Slack then turned inquiringly to the attorneys for the defense, “We will excuss M. J. Harrigan,” said Mr. Foote, who readily understood what was wanted of him. This left another vacancy in the box and Alfrea Bear’s name came out of Clerk Casey's miniature Ferris wheel. Mr. Bear quickly demonstrated, however, that he would not do for the jury. Mr. Foote extracted the information from the tales- man that he had read a good deal about the Fair case and had in consequence formed a very strong opinion. He did not believe he could cast aside that opin- jon and try the case impartially, so he was challenged and excused. Barrow Mish, a retired milliner, was then called into the box and sworn. In response to Mr. Pierson’s questions Mr. Mish saia he had a saluting acquaintance with a number of the lawyers engaged in the case, but was not on intfmate terms with any of them. He did not know any of the litiganis and was not acquainted with Senator Fair in his lifetime, To Mir. Foote the talesman said he had read considerable about the case, but had formed no opinion. He was quite posi- tive about this. *‘Have you any prejudice against either side represented here, or any one engagea in the trial of this case?” asked Mr. Foote, eyeing the talesman sharply. I have not.” Sure about that?” “Quite sure.” Mr. Foote then asked Mr. Mish if he was 10t & brother of David Mish, who was killed by Dr. McDonald some years ago, and the reply was in the affirmative. “Don’t you remember that I defended Dr. McDonald ?”” asked the lawyer. “No. Ihad forgotten it was the an- swer. “You entertain rather virulent feelings towszd Dr. McDonald, do you not?* “Naturaily I do.”’ “Well, now, Mr. Mish, would the fact that I defended Dr. McDonald and secured his acquital have a tendency to prejudice you against the side 1 represent here in | amended complaint against {and Mr. Delmas, while offering no objec: this case?” The Jurors for the Fair { /7 Y //«/m i Trial Take the “It would not.” “You are sure?"”’ *Quite sure, sir.” So Mr. Mish remained in the box. A question here arose as to whether the plaintiffs had the right to another per- emptory challenge, Mr. Foote and his associate, Mr. Delmas, maintained that the other side had surrendered its privi- lege when at the opening of the afternoon session the arrangement was made that the chailenge was withheld. Before the court was called upon fora rnling on the point, however, Mr. Foote generously withdrew his 6bjections to the challenge. He and Mr. Pierson then had a little talk, and both agreed to excuse Juror Harry Adler. James Wightman, a lumber merchant, was now piaced in the jury-box and ques tioned as to his quahfications to succeed Mr. Aater. Mr. Wigbtman told Attorney Pierson that he was acquainted with Mrs. Craven, but ha ! not spoken to her for fif- teen years. He was on intimate terms with none of the people connected wiih ihe case, and in fact knew few of them. To Mr. Foote the talesman said he had read something about the case, but had formed no fixed opinion as to the merits of the respective issues involved. He was prejudiced against nobody concerned in the case and thought he would make a fair and impartial juror. In fact, he was sure of it, Mr. Pierson at this juncture asked if it was still understood that the plaintiffs bad the right to one more perempiory challenge. “I don't know about that,” replied Mr. Foote. *‘Wall, never mind, then, we are content with the jury as it 1s,” said Mr. Pierson. “Oh, we will cffer na_objection if you | " remarked want to exercise a chailenge, Mr. Foote. “No; we are satisfied with the jury.” There was a general stirring about the courtroom now, for the jury had been completed, and the court promptly ordered that the taking of evidence be proceeded with. But this part of the programme was not carried out. Mr. Pierson asked permis- sion to correct an alleged mistake in the Mrs. Craven, tion 1o this, said his side would certainly have to be given time in which to plead to the corrected instrument. In consequence an adjournment was taken until this morning. ATTACHED THE COLONIAL, E. F. Joy Sues Mrs. Sarah B. Johnson on a Promissory Note. Other Debts Outstanding—The Pro- prietor Claims to Be Perfect'y Solvent. Sheriff Whelan fook possess’on of the Colonial Hotel, corner of Pine and Jones streets, on an attachment sued out yester- day morning by Edwin F. Joy,who claims that the proprietor, Mrs Sarah B. John- son, is indebted to him in the sum of $5628 62. Mrs. Johnson gave Joy the note some time ago for the amount named and though he made several attempts to col- lect it Mrs. Johnson was not ready to pay and he began suit. The action was filed by Josepk Kirk, attorney for the Bourd of Trade, and Mrs. Johnson immediately went to the board rooms to try to head the attachment off and prevent others being placed on the furniture by various persons to whom ehe is indebted. She ciaimed to be perfectly solyent and said it she were given time she would be able to settle all her debts in a manner satisfactdry to her creditors, W. W. Montague & Co. are among the heaviest creditors, and a representative of the firm saw Mrs. Johnson and arranged to setile the account in an amicable manner. A pgarnishment was placed on Mrs. Johnson’s funds in the First National Bank to secure the amount clsimea. by Joy, but it is expected that this will be re- leased shortly. The keeper of the Colpnial attributes her troubles to inability“to coliect out- standing accounts that she ciaims will ruore than offset her liabilities. She fears other attashments by timid creditors, but says th isonly‘a question of a few days before she will be in a gooa financial condition. Remortgaging a Church. Application has been made by Trinity Methodist Episcopsl Church for permission to mortgage real estate on Sixteenth street, near Sunchez, for §7000. A mortgage for $6103 99 is alteady pending on the property mentioned. Judge Seawell will hear ibis ap. plication on the 28th inst. % ADVANCES made on furniture and pianos with or without removal. Noonan, 1017-1973 Mission, | TRAFFIC KING OF SOUTH AFRICA, T. R. Price Arrives Here on a Tour Which Is Mainly for Pleasure. His Story of the Corridor-Car and the Reduction in Rates to Passengers. The Freight Rates Rather Higher Than Here—Governm-nt Owaership a Bepefit T. R. Price of Cape Town, chief traffic manager of about 4000 miles of Govern- ment railroads in South Africa, is at the Qecidental. He is on a tour of the world, mainly for pleasure, but is incidentally looking into such improvemen:s and meihods in railroading as may arouse his | interest. He has just come from Aus-| tralia, where he has been for some llttle time. Mr. Price is no ordinary railrosd man. His position is a very important one. He was for seventeen years connected with | the Great Western Railroad, one of the | leading iines of England, prior to roing to South Africa, where Le has been for eigh- teen years. The Cape Railway, reachiag from Cape Town to Johannesburg aud beyond, has with its branches & length of 2500 miles. | The Portuguese Railway, running from | Delagoa By to the frontier, is but sixty | miles long. The Netherlands South Af- rica Railway, in the Transvaal, has 400 | miles of line. The Natal Government | Railway, In Natal, has 400 miles. Be- | sides these there is the British South Af- rican Company’s railway from Fryburg to | Buluwayo, through Matabeleland. About | 200 miles of this road is now built, and | work is progressing in extending it, at the rate of about & mile and a half a day, It will be about 600 miles long when com- pleted. Besides these there are a few | them a reserve of vital force for the future. short railways, approximating in ali about 200 miles. Besides these there is a | road through the Orange Free State 350 | miles long. | nances. as his position indicates. He will visit some of the Southern Pacific officials while here. Mr. Price is accompanied by his son, who will go upand look at the Yosemite. THE LAW NOT VIOLATED. Mayor Pholan <peaks of the Disad- vantages of Cemeteries Within the City Limits, Mayor Phelan wishes to correct an im- pression that has gone abroad that he has criticized the cemetery associations re- garding violations of the burial or ‘What he did say was that the Board of Healtk should counsider the question of burials within the City and county with a view to giving voice to its sentiments as 10 whetber or not such | practices are to the sanitary advaniage of the City. Mayor Phelan ~believes that cemeteries within the City limits are a bar to the progress of the municipality. “They lie across the path of the Ci growth to the west,”” said the Mayor Yos terday, “‘and retard its development. The City can only grow south and west on ac- count of its Yecnlhr topograply, aud fair notice should be given to the cemetery associations that the time will speedily come when they will have to move to more remote quarters. 1 may recommend an ordinance fixing a term after which | burials shall cease within the City limits, 30 that no unfair advantage shall be taken of the associations owning cemeteries. The only question involved is the growth and development of the City, and I must refrain from discussing the sentimental eide of the question.”” ————— Police Tribunal. The Police Commissioners met last night, when a charge of unofficerlike conductagainst Policeman Edward Stanton was dismissed. Policeman John S, Hart was fined $100 for visiting a saloon while on duty, for beiug ab- sent without leave and for unofficerlike con- duct. Policeman John H. Crowley, for failure to report for duty, was fined $20. A charge against Policeman E. Hartley for not patrol ling his beat was dismissed. Hielodioni i T LADIES OF ST. ROSE'S. They Will Give an Evening’s Enter- tainment on April 26. The young ladies’ sodality of St. Rose’s Chureh will give s musical and dramatic entertainment at Native Sons’ Hall, on | Monday evening, April 26. The followinz programme will be given: Overture, orchestra; vocal duet, Misses 0'Connor and Morrell;' piano solo, Miss Penrl Ladd; estudiantina, sodality choral; ‘Holy City.”" tenor solo, George Lune; dialogue, sliss M. Hill and A. Jones; vocal solo, Miss Minnie Byrne; exhibition drill, Company H, L. C. C.; maie quartet, composed of George Lane, Daniel sheerin, William Wilson, D. C. Sheerin; fancy dance, Miss Susie Walker; comic selec- tion, Mr. Johnston. g The : rogramme will conclude with a laughable farc= entitled, “Aunt Charlotte’s Maid.”” The cast of characters will be as follows: AuntCharlotte’s Maid, Miss Helen O'Rielly; Mrs. Ruddyfoot (Aunt Charlotte), Miss May Segree; Miss Fannie Volly, Miss Josie Russell; , Thomas Sparkins' ‘nephew, Dr. Frank Robinson; Major Dolly, A. McKinnon; Lawyer Prost, John Hogan. P. 0’Connor Drowned. The body of P. O’Connor was found flosting in the bay yesterday, having been in the water a week or more. The features were unrecog- nizable, but his identity was learned from a boulevard ticket found on him. It was num- ber 942, and_entitled P. 0’Connor to fourieen days' work on the boulevard. A letter ad- dressed to the same person was found on the body. It was from the Western Slade Aber- deen’ Wool Mill Company. NEW TO-DAY. TR DSVELOPMENY OF HAN HE EXCESSIVE EXPENDITURE OF VITAL FORCE OR nerve power is one of the greatest dangers attending early manhood. “To beat the record,” “to be at the top or nowhere” are the catch phrases that are well nigh omnipotent among young men who are active, eager and progressive ; while “to be a high roller” or “to be in the swim” are the stimuli of the young fellow who wastes his vitality in dissipation, early excesses and indis- cretions. To attain these ends they draw upon their reserve energy and bend all their force and strain their ability to the utmost, and all this at a time when nature should be storing in sult ? tive, nervous terperament. What is the re- We have a great many men possessed of a highly sensi- Instead of a steady building up of These detalls were given by Mr. Price | Manly strength and vigor, there is a forced, unnatural develop- and then he added: “The bonded debt of the Cape road is about £14,000.000. Tke road cost about | £7000 or £8000 a mile. Traffic is pretty heavy, and this year we will pay about 9 per cent interest on the bonded devt. The gauge of the South African roads, I almost forgot to say, is 3 feet 6 inches. They were made this gauge at first and after- ward the gauge was continued to insure unity in_order that the cars might col form. The Jistance from the Cape to Bulawayo is 1500 miles, “Our cars are somewhat different from either the English or American cars, They are a sort of combination of the Pull- man and English. Each of the cars has four first-class compartments and six second-class, besides room for baggage. They are called corridor-cars. Each hasa long hallway or corridor on one side run- niag the whole length, o that passengers may go from one car to another through thetrain. As a whole the people there like them better than either the English or American cars. “Our rates per mile for fare are: Third class, 1penny; second class, 2 peanies; first class, 3 pencies; return tickets, one and a half fares. These return tickets for very short distances are good for four days, for sixty miles they are good for week, 100 miles for two weeks, for a longer distance they are good for a month and for some three months. “We are how_going to make substantial reductions for first and second class fares. It has long been our custom to make sub- stantial reductions for school holidays and for excursions on holidays, like Whit- suntide, Christmas and 80 on. For these we charge single fares for double jour- neys, and for families for distances over 150 miles we charge three-fourths of a fare. Our roads are the first of which I have ever heard to make reductions for families. Freight charges are somewhat higher there ihan here. “In recard to Government ownership, my impression is that it is to the adva tage of the people. I was for eighteen vears with one of the leading private roaas of England, the Great Westers Mr. Price seems a very careful d thoroughly well-informed railroad “man, BARTLETT SPRINGS! GOOD WATER AND GOOD HEALTH, A Positive Cure for Kidoey, Stomach, Liver and Rheu- matic Troubles. THOUSANDS OF REMARKABLE CURES. SWIMMING TANK, TUB AND VAPOR Baths with competent masseurs. Tennis Courts, Bowling Alleys, Croquet Grounds, Billiards, Dsncing Pavilion; Orches- tra plays daily; burros for moun tain climbing. RATES—Hotel and hotel cottages, $10 to $15 per week; housexeeping cottages, $2 50 to #6 per week. Call or address BARTLETT SPRINGS CO., 22 Fourth street, Sen Francisco, or B. 8. Co., Bartlett Springs, Lake County, Cal. Pamphlets mailed free. SEA BEACH HOTEL,| SANTA CKUZ, CAL. California’s favorite resort. Located on a flowering slope from the besch. Unsurpassed view of Beach, Bay and Mountains, SALMON FISHING. Tennis Court, Croquet Grounds and Musle. Reasonable Rates. For t-rms address JOHN T. SULLIV AN, Manager. SODA BAY RESORT. CHANGE OF MANAGEMENT, Soda Bay, situated on Clear Lake, Is turesque. ~Spring is famous for the vi of delicious sodawater. most ple- @ volume Hunting, fishing, boating snd swimming are unsurpassed anywhere. The table is suppied with the very best the market affords, and the comfort and weifaro of the guests carefully looked after. Daily stage from Pieta to Soda Bay direct. Fare from San Fraacisco 86 50; round trip $10. ¥. B. HE TH. proprietor, Soda Bay, Kelsey- ville, Lake County, Cal § HOT SPRINGS, Sonoma Co, only 414 nours from Francisco, and but 9 miles’ staging. Watecs noted for their medicinal virtnes and gener.ily conceded 10 be the finest natural bath waer In tne “tate. Excelient climate and grand mountatn Long distance telephon. vell-stocked trout stre Francisco oniv $5 50. ferry at 7:30 A. . or 3 or $12 a week. J. ¥. MULGREW., Proprietor. SEIGLER SPRINGS, LAKE COUN1Y. HAS DELIGHTFUL WATERING-PLACE IS located in the mid of the Coast Range. Abundance of mineral springs, hot avd cold plunge batas..large swimming-tank of mineral water, fine sione dining-room: telephone con- nections. eleciric lights, livery accommodation; ood trout-tishing and hunting. Round-trip tick- etsat 8. P. oftices, $10. JOHN SPAULDING, Proprietor. ORR HOT SPRINGS, &14 MILES FROM UKIAH. FINK FISHING and hunting. Baths free. Water sure cure for rheumatism and all skin diseases. Round trip, 29 60. Board. 87 per week. J. H. ORR, Orr Post- office, Mendocino County, Cal. : daily mailand s. Round trip Take Tiburon LAUREL DELL, LEASANTLY LOCATED ON LAURET, DELL Lake: new dining-room, new livery stable. it now one of the MOost ALLrAC n ke County. GLENBROOK, \NE OF THE MOST CHARMING RESORTS in the State. Fine acenery, hunting and fish- ing. Excellent table. For circulars and further information address O. W. R. TREDWAY, Glen- orook, Lake County, Cal. | | 1 | playground. croq | enjoyment for young HIGHLAND SPRINGS OPEN EVERY DAY IN THE YEAR New hotel ere tricit; cisco. ed this spring. Lighted by Elec- g-room: north of san’ Fran- The greatest variety of mineral springs 1n America. Waters unsurpassed for health or pleasure. Bathing, boating. hunting aud fishing: swimming tank, dancing, lawn teanis, croquet biliiards, bowlin = TS IN LAK! 10 to 816 per week- B : J. CRAIG. Manager. st & F. Office—516 Montgome: HOT SPRINGS, Monterey coun- ty, Cal — The Carlsbad _of America — For health,rest, ploas- te, accommodations, &cenery, Hower 3 iness, table, hot soda tub and plunga taths, bot salvhur tub and swimming tanks, mas. . Lunting and fishing, Iy sround croquet and dance nall for famities in the State. Plenty old. Take train Third n’Francisco, 8:15 a. . Paraiso stands unsurpas and Townsend streets, S | gally, for Soledad; Return-trip ticket, 88. “Seven | 1896, address miles by stage. Telephone and Fosioflice. For fllustrated pamphlets and speciai_inducements for ROBERTSON, Manager. HOWARb SPRINGS. P. ©., Putah, Lake County. ENOVATED AND IMPROVED: ACCOM- modations and table serv.ce strictly firs: clas $10 to812; special terms to families: postoffice and telephone on premises; round trip $10: ticketsat Southern Paclfic offices: fioest baths in Lake County. WALLACE SPAULDING. Manager. ADAM SPRINGS, LAKE CoO. JAVORITE RESORT OF THE SUATE: THE to springs: round trip es $10. DK, W. A LAUREL GLEN FARM FINESERING WATER: PL:NLY OF MILK, eream. fruit and liome comiorts. For particu: lars address MRS. V. STUBENRAUCH, box 159, | Naps, Cal. 30 P. M. Terms, 82 a day | | SOLID GOMFORT HOME. | MILES FROM NAPA CITY, ON M Veder; elevation 1555 feet: mountain spring water; fire scenery: healthy climace: & postive cure for asthma. ~Address MKS, A. F. ALLEN, | Napa City. HOTEL DE THORNTON, POTTER VALLEY. First-Class in Every Respeet. E. #. HOLEROOK, PROPRIETOR. Rates, $7 per week. Bath and all modern con- yeniences In connection with Lotel. WILSON’S INN. TTRACTIVE MOUNTAIN SCENERY: ELE- vation 1900 feet; exhilarating air: unsurpsased home table: exceptionally good localliy for asthma, and nervous debility. Address AKNO H. WIL- SON, Atlas, Napa County. TE SPRINGS HOTEL, SO- noma Valley; 2 hours f om San Francisco via Tiburon ferry, & 'F. & N. P. K. R.: warm mineral swimming and tub baths; hotel complecely remod- eled, enlarged and hindsomely re-urnished: water, gas, electric bells in all rooms; $10 to $12 per week, $2 perday. Address Agua Callente Springs, Agua'Caliente, Sonoma County, C D ON RANCH, SUBURBS OF plenty fresh eggs, butter chickens 5 A p GUA CAL! ( E IFE CAN ACCOM- J modatea with summer board, with all the comforts of & home; large grounds and garden. Address box 19, Menlo Park. NDERSON _SPRINGS, op-n May 10: telepho: for circular. Address J. AND: LAKE COUNTY, wnections: writg ON, Middletown. Ripans Tabules —ONE GIVES RELIEF— ment that brings on a shattered constitution, weak nerves, weak backs and a loss of manly power. Men grow old before their prime. Man does not reach physical perfection before the age of twenty-five years, and till that time he must not make an overdraft on his nerve force, for nature will surely demand a payment of the debt. No amount of regrets will ever make up the deficiency, and when a man looks back at his past life he realizes the extent of his folly and makes an effort to regain what he has lost. Such a man needs the toning and invigorating effects of a mild, gentle current of electricity to infuse new life aad energy into his weakened nerves and to build up and strengthen his vital organs. He can find no remedy like DR. SANDEN’S ELECTRIC BELT For restoring his manhood and his strength. Its touch is the touch of magnetism—the healthful essence of vitality that makes strong men and women. Every spark is a wave of ani- mal life giving new energy to the weakened nerves. By its use you can send your life biood bounding through your veins ; feel the exhilarating thrill as it enters the system ; regain the sparkle in your eyes, the springing step, your manhood. It hag cured thousands. “I am much improved in every respect and have contidencs in myself that in my life before thought of baving. 1 used to be always thinking of my |ronllyl'c|.n'r:; imagined everybody eise knew about my weakness. Now 1 feel stronger than an one. lllc?n feel thn!cnrrent lrol;l !lhv beit wn'rrlninx ap mynbohgy and putting new life into all the par:s. I can never feel toograteful to you.” —E. M, SNODGR AS! Idaho, April 12, 1897, FAT% Alblon; Why go on nursing your weakness when a cure is at hand, when you realize that you are losing your vitality and all that is good and noble in life ? Get the book, “Three Classes of Men,” which is sent, sealed, free to any address, or can be had at the office for the asking. Call and see and test the belt and get the book. It may save you years of misery. Call or address SANDEN ELECTRIC CO., i, & free. &.—Muke 1o mistake 1 the number—E3BE Markol atreot Make noto of it DE. SANDEN'S ELECTRIC TRUSS CURES RUPTUKE, FAnNY R, Everything I eat swells me up and makes me feel uncomfortable. Am constipated and have headaches every day. Grace D. Buy some Ripans Tabules and take one when the swelling begins to manifest itself. You will find that the trouble will come to an end in ten minutes, and there will be no head- ache that day. HAY.FEVER CATARRH Oporession, Sutfocation, Neuralgia, etc. S CURED BY Espic’s Cigarettes, or Powder Paris, J. ESPIC; New York, E. FOUGE k SOLD BY ALL DRUGGISTS. BAco. BLOOD POISON { |