The evening world. Newspaper, November 20, 1912, Page 2

ad | the hours by dancing and singing, and 4 merrier lot of men could not be found vebind prison bars. HOUR OF FREEING THE INFORM- % ERS KEPT SECRET. Te was thought in the Prosecutor's {office that formativies which must be 7 fone through before the gamblers Streea could be adi during the day. 1 ing of the State's wit be disclosed in order that they may make @ quiet and unobtrusive exit, Before the three kam! d Scheppa are turned out It will be necessary for Coroner Feinberg tu release them from the commitment on which he originally hel@ them. Thix can be dune without the necessity of their appearance in the Coroner's Court, Their lawyers can at+ tend to it, Their lawyers will also have to draw up papers by which the quar. tet bind themselves to appear as wit- newees for the pe in any “John Dee" proceedings Mr. Whitman may bring, or as Witnesses against “Jack Sullivan in case it is finally decided to try him ae @ co-defendant under the Rosenthal murder indictment. Before the gunmen began to give their pedigrees to Clerk Penny Justice Goff called Mr. Wahle's attention to the rather silly law that provided that per- sons convicted of murder dn the first degree must furnish a record of thelr careers under oath. GOFF SAYS THIS LAW COULO NOT BE ENFORCED. “This law,” sald the Justice, “could Bet possibly be enforced, for if the prisoners refused to take their oath or Qnswer questions there ts absolutely no way by which they could be compelled to @o so, You cannot punish for con- tempt of court a person who is about to be condemned tw death. This law must have been drawn by some theorist who thinks that the whole human race must be reformed.” “E entirely agree with Your Honor, eaid Mr. Whale. “Nevertheless, I am sure that these boys will tell the truth. “Whitey” Lewis the first to give his pedigree, speaking high, shrill voice. He said he was twenty-four years old and that he hid been born in Russian Poland. His parents were born in the same place. He gave his occupa- on as bookbinder, said he had received religious instructions, that his parents ‘Were still living, that he wes not an American citizen and that his last ad- was No, 201 East Second street. OTHER GUNMEN ADMIT CRIM- INAL RECORDS. When “Whitey” Lewis finished giving hte criminal record and disclosing the fact that he had suffered @ military conviction in Russia as well as one in the Philippines “Dago” Frank was quos- tioned. He said he was twenty-seven years old; that he was born in Italy, | | | | | twenty-one years old, was married, had yeahs @ enlesman and that i dome was at No, 078 Perry avenue, the Bronx, He had algo « orim- revord., i rig yp the Blood," whose inal was the Blackest four, He gave his age as , gala that he was born in vecelved religious instruc- married, had worked as a declared that his habits were that he never drank. gangsters’ pedigrees had they were hustled back to ba by their big guard, Sheriff urmer leading, Wahle requested the Court to Mrs, Lillian Horowits, wife of “Gyp the Blood,” and Jean Gordon, otherwise known as Rose Harris, the as ipl? it 3 § g E FE $F E ed | if ig ee unaneteied men haa wone back to their cella the } two’ young women were brought into | court and set free, Both were weeping hysterically and ‘continued to sob while the papers were j being signed for their releane. Once | they were out of the courtroom thoy }fled through the throngs that still | clug to the neighborhood as if in ex- pestation of some sensational after- math to the trial. GUNMEN WILL BE HURRIED TO), THE DEATH HOUSE. Shoriff Harburger announced to-day would remove the gunmen to Sing 8g Prison tinmediately after sentence. He said he had warned them that he , Wished them to make any preparations they choose before next Tuesday, “My reason for tesuing these instruc- toms,” he sald, “was that the four men 4p too big @ responsibility for me to esp en my hands any longer than is neceas: 1 Dect ravalutely cries of ‘rallronding” “which we the jow and the time set for the uMficient for any preparution ¥ want to make. 1 notified tem they won, to mee exact time at which the gunmen ‘will be taken from the Tombs was not @nnounced. The Sheriff wants to avold ae@emonstration which might Interfere with the prompt delivery of the men to 3 | ber alnce then: GANGS IN TERROR «AT GUNMEN'S FATE; Falls Upon “Bridgie” Web- ber and Chauffeur Shapiro. ALL OLD LEADERS GONE. Whole East Side Rejoice Over Verdict Which Ends Sway of the Gunmen. The rout of the gangs, the end of the reign of terror that has endured for fifteen years, and the lifting of the red hand of thug domination was the tmea- sage that the conviction of the four gun- men brought to the great East Bide. In thousands of homes and little shops this i# @ day of jubilation and rejoicing. In the dens and warrens of the gunmen It {8 @ day of gloom and panic. The hand dealt mighty ei.gine of destruction, and the words of the foreman of the jury, “Gull- ty of murder in the first degree” ts being read as the handwriting on the mans and the Zeligs and the Kid Twists reigned as princes of the underworld. When “Gyp the Blood," “Lefty” Louie, “Whitey” Lewis and “Dag Frank marched into the Extraordinary Term of the Supreme Court again to- day to have the date of their death sen- tence fixed by Justice Goff there were none of their clanfolk within alx blocks of the Criminal Courts, There was not &@ youth or man of ali the pack “Jack” Yells had ted in his cowardly career of blackinali and murder to send them a Messcise of cheer or spread the whisper that the gang was raising # bankroll to ald them in thelr appoal GANGSTERS LEADERLESS, HOPE- LESS AND AFRAID. ‘The gang ts broke; the gang is down and out, It is leaderiess, hopeless and afraid. But there impulse that wilt smoulder and re into flame, the impulse to reve: fall of the gangs upon two aa “Bridgie’’ Webber and Willian Shapiro. It is Webber, who would now call him. self king of the gamblers and throw out his narrow chest and take pride in what he had done toward sending five men to their death, upon whom the hatred of the victims of District-Attorney's mer- ctleas prosecution is concentrated. This sallow-faced, longnosed fox of the State’ ‘ig Four’ has long been re- warded as the basic source of all the woe that has fallen upon the Apaches of New York, Had it not been for Webber, it is urged, there would have been no Rosen- thal murder, Webber they say hated and was jealous of Herman Rosenthal. They believe Webber hated his Utley wKambler because Rosenthal had hi: “two guys” to beat him up. obtan to them, was the primal motive and he furnished the brains and the sinews for the crime. Word of this bitterness toward her husband reached the ears of Mra. Web- ber a few days ago and she packed up and moved out of her home at Second avenue and Twelfth street. “Bridgle” had better not come back there when Mr. Whitman turns him out of the West Side Court prison if he would heed the growlings of the wolves. RULE AMONG GANGSTERS HATRED OF “SQUEALER: As for Shapiro, he ts written down as equenler.” It was the notorious Monk Eastman, who is again garbed in a convicts sult and breaking stone In prison, who established a precedent for dealing with the “‘squealer,” and “Kid” G3 nd “Jack” Zellg, both in ther gray respected and honored the Eaat- man code, It 4s twenty-seven years since an im- portant New York gangster has been executed for murder, The last was Danny” Driscoll, leader of the Whyos, who was hanged in the Tombs in 188} for the murder of ‘“Beexy" Garrity. ‘There have been killings without num- tabbings and shootings and sandbageini There e been weil by Wholesale in gang brawls and melees, skulking assassins have croaked their men in blind alleys, in dark hallways, on the docks and in the broad ight of day in public thorough- fares, Some few small fry: have gone their way to the scaffold and the electric Warden Kennedy. Sheriff Harburger| chair, but "Gyp the Blood," “Whitey” wij} make the trip accompanied by elght|}Lewis, “Dago Frank" and ‘Lefty stalwart deputies, including Winters|Loule’ are the first “personage: of and Carroll, who were Becker's escort. [tho underworld to be convicted of mur- at ll der in the first degree. BECKER’S EXECUTION ZELIG ALWAYS ABLE TO ESCAPE | 4S STAYED BY FILING PUBIGEMENT. Zelig had his record of murders, his oF NOTICE OF APPEAL, own men will tell you to-day, but the Sel law could never touch him. A poor John A. Shay, who is now attorney | miseravle monkey, “Red Phil” Davidson, ot record for Police Lieutenant Charles | was chosen by # higher Fate as his Becker, convicted of t murder of He man Rosenthal, filed a notice of appe with the Diatrict-Attorney and Justi y and thereby automi wn its decision, ‘A copy of the notice of appeal wiil De served on the County Clerk, who in turn will forward a copy to the war- | den of Sing Sing Prison. & witness for his client “@eclare: on which to produ: corpus Splelberg’s client ts char & bribe of $100 to Detective C ‘mack of Becker's "Strong Arm Squad, Becker. Pints nd Neat gt eee Say e until the Court of Appeals hangs 1 for a negro | Judge Mui- queen, announced to-day that he will geek to bring Lieut. Becker to court us The lawyer e@ will apply to a Justice of the Supreme Court for a writ of habeas ested by Carmack in executioner, and even Davidson escaped the death penalty, He was sent to prison for from twenty years to life upon a plea of guilty to murder in the second degree. "Kid" Twist and “Cyclone” Lewis were the terrors of the Kast Side, lead- ers of the blackmailers and thugs who shot up saloons and levied blackmail | upon dives, who disciplined “squealer and who exerted that mystertou Mtieal pull” which has been the manna and succor of the gange in their days of peril for two decades, The arm of the law failed to reach this pair of bad men, but they meta violent death at nd of “Loule the Lump" (Louts , Who shot them in @ Coney d dive, Pogei served thirteen months in Sing Sing and is now a fugi- tive from justice. “Lally” Meyers got n years for the murder of Brown at oe; reets, Jack" Torti got ten ye@rs for Ba “Jack” Zelig as he leav- HINT AT AT REVENGE Full Pied WP te of Their Hatred} one dull, brutish |° 4.3 BVENING WORLD, WEDNESDAY, NOVEMBER 20, LLROOSGE-F-FPELGHHHID EFFI FHF. FFF 7F-0->9G-993-39HHS+ i ng in| and tng the Criminal Courts Bull company with “Lefty, Loule” “Whitey” Lewis, ALL THE NOTED LEADERS OF GANGS ARE GONE. The last five years has Bape eed jeldoscopic ‘Paul Kell roceo, Zelix, “Kid” Twist, the four gun: men and a score of others whose names were words to conjure with have faded from tho underworld firmament. “Jack” Stroceo ts to-day fitting out a saloon in Bay Ridge and will soon exile himself and what few followers he bas left to darkest Brooklyn. Killing of ‘Jack” blow to his Zelig was @ ithful Heuten- et al, for he tter of the gang. He was a master at the dark and devious ways of raising the “cugsh” to help the ang when in trouble. Zellg could show a bankroll on @ minute's notice, just as “Broken-Nose Sam" could be counted upon to furnish a bond almost before one of his people arrived in the Police station. “Broken-noae Sam" intoned his lament On the desperate case of the gang to an Evening World reporter to-day, as he leaned against a lamppost at Kighth Street and Second avenue and blinked dismally at the German Dispensary across the street. The dispensary is draped in mourning because of the death of one of the important members its medical staff, “That's the way we all feel," said “Broken-nose Sam." “The hull push is tangied up in crepe. The stuff they handed to them boys in Goff's court has put the game on the blink for good. It's been comin’ down on us with ham- mer strokes, and this is the last punch. Broke! Everybody's broke, and there jen't @ money-get left. The cops have nalled every good dip and chased m to the Island, and there don’t seem no way of raising @ copper seed.’ GANGS LOST BIGGEST LEADER IN ZELIG’S DEATH. thing ft was to have Zelig Just as he was raising a “big wad" for his “murder quartet.” Zellg was the best money-«etter the ga He could throw fear into ail the dive- Peepers and saloonkeepers in the Hast Side and compel them to contribute to i balls and his benefits. When “Big nuffed out there were only ; few “boobs” left to attempt to carry on his work. Johnny Birth has tried it and fatted. | Hirth started out to get up a series of | benefits after the Zellz method. Capt. Rohrig gave Johnny Birth twenty-four hours to get out of New York and Johnny hopped a fant train for Chi- cago, where he now js. “Eddie Yailer’ followed Johnny Birth after an inter- view in the captain's room of the Fifth street station. There didn't seem to be any “honest way’ open for the gang to raise money for the gunmen's ald, and it was put up to Morris Koch, who had been grand marshal at Jack Zelig's funeral, to out and “dip” for coin. The “dion” were forced to go to work. But here again another Waterloo 4ntervened, Morris Koch had marshalled ali his! “dips” in line and thereby ded an} opportunity to Deputy Commtasioi Dougherty to dieplay his craft tective. Mr. street dummy, and Harry Cohen, Fagini @ wath pas- sengers on an Kighth etreet crosstown line and are now doing six months each| on Blackwell's Island, POLICE CLOSE UP RESORT OF THE GUNMEN, All this had come about since the Becker verdict, and there were even more strenuous events in the making at- ter the verdict against the gunmen ye: Koch, “Sam' thirty-third dem terday. Firat came the closing of 'Jne Siegel's International Cafe at No. Second avenue, last night. Inspector) Cohalan shut the place up on the ground | that It was conducted as a public nuts- ance. Slegel was wringing his hande in despair to-day, proclaiming that he was & victim of persecution. The International Cafe waa prom|- nently mentioned In the trial Just closed. “Gyp the Bloo “Whites Lewls and “Lefty” Loule swore on the stand that they were tn Stegel'’a drum when were called to Webber's poker room to join “Dago” Frank just before the “croaking” of Herman Roi thal. All throe gunmen admitted that Se No, ond avenue was @ resort of thieves and crooks. It was in this cafe that the famous “framing” of Zellg occurred, He was arrested there by Detectives White and Steinert. With the closing of the International Cafe the only left to ¢ of their haunts Yarro sort in Essex street and olla t Hester street and Ave- They did not crowd to Yare or “Dollar Jobn's" last night, nor aia they wo there single or in pairs, Those who sought them learned that they were hiding themselves in thelr mole runs and keeping under ground as much as possible, REJOICING OVER THE DOWN. FALL OF GANGS. little coffee ho had paid tribute to the gangs for pro- tection the conviction of the sunmen| came like the lifting of a ban. ‘The situation in Chinatown ts sus} as gloomy as is the case pretty gener-| ally throughout the district known as Little Vienna. Ever since Captain Tier- ney took charge of the Elizabeth street station he has waged a ruthless war against the former habitues of the Man- Garin Cafe and similar dives. The might of the ey a teed {ts hand upon Pa- riahdom before in this metropolis, sa wine annot be said that the have been annihilated all time, them a period of | come upon and panic, BULGARIA HALTS CHATALIA BATTLE TO DISGUSS PEACE (Continued from First Page.) with the Balkan allies’ plenipotentiaries concerning peace terms. LONDON, Nov. 20.—During the attack cut off from the main body at Blyuk Chekmedye and suffered terribly in an unsuccessful attempt to retreat to Kalikratia, according to a epecial de- spatch from Constantinople. After a heavy artillery duel in the morning at 'Darkos the Turks easumed the offensive. ‘They carried many of the Bulgarian rifle pits and threw the entire Bul- arian left flank into confusion, When darkness set in the Turkish troops re- turned to their entrenchments. SERVIA YIELDS TO DEMAND OF AUSTRIA, BUDAPEST, Hungary, Nov. 20.— Servia has yielded to the Austrian de- mand that an official from the Austro- Hungarian Ministry of Foreign Af- fairs should be allowed to proceed to Prisrend to investizate the complaint made by the Austrian Consul there that he has been’ hindered by the Servians in the performance of his duties. The news arrived during the night from the Austro-Hungarian Legation st Belgrade, It relieves the immediate ten- sion between the two countries as an op- portunity is now furnished for an un- Dlased examination of the grounds of the dispute. BERLIN, Nov. 20.—According to the ‘Tagedlatt, Austria sent an ultimatum to Servia to-day. A message from Vienna quoted the Relchspost as saying in effect that the two countries are on the eve of war. —_—_—o— BRYAN MAKES.-DENIAL, Has Not Talked to Wil net and Is Not Going to Be: WASHINGTON, Nov. 20.—William Jennings Bryan this afternoon wired the following message to the United Press, in answer to @ query as to the truth’ of the widely-circulated report that he had been asked by President- t Wilson to accept the post of Sec- ry of Stato and wan en route to muda to confer with the Governor, rence with Gov. Wilson; have never discussed any office with him and have no intention of go- ing to Bermuda, on Cabi- W. J. BRYAN,’ j¢ was sent from ‘where he lectured this after- -_-o BROKER DIES IN OFFICE, George R, Sutherland, sixty-five-year- old broker of No, 159 West One Hundred and Fifth street, dropped dead tn his office on the elghth floor of No, 4 Wall street at 3 o'clock this afternoon. He had complained of faintness and Dr, Worthen of the Hospital of Relief came on an ambulance summons, The broker died before anything could be t While Haunting Deer, N. ¥., Nov. 20.—A message was received here to-day stating that Earl Moore, nineteen years old, of Buf- falo, accidentatly shot, while hunting deer in the Adirondacks, died last night at Round Lake. ——— READY TOUSE While all of the Mast Side outlawry bemoaned the verdict, the great mass of | the people who dwell there were re-! 4 Fine Salad Dressing by adding Vinegar | joiclng, To the scores of proprietors of Have you tried it? Makes Hot and ‘Cold Meats Tas Delicatessen wud Grocery Mtores, # and lunchrooms who | «| Multi-Millionaire aie tel 1912. ee TE SRE RCE [CARNEGIE TRUSTEES DENY WILSON PENSION; GET $2,000,000 MORE Mag- nate’s Total Gift to Fund Now Totals $14,000,000. ‘The trustees of the Carnegie Founda- tion announced to-day through Presi- dent Pritchett that Andrew Carnegie had added $2,000,000 to the endowment of the fund, making the total of his wift $14,000, 000, It was also announced that under the ror’ restrictions of the uses of the he application for a pension of voodtow Wilson, President-elect of the United States, made when he resigned from Princeton University in 1910, had been refused. It has laid on the table without action, The trustees insisted Mr, Wilson's recent political successes had nothing to do with the final action ‘on the application, which was consid- ered strictly as @ matter of principle. issued a statement during the day, de-- scribing the failure to award a pension to Mr. Wflaon as a “breach of faith." ——_——_ POLICE IN GANG AT TWO HOLDUPS, CROOKS ASSERT (Continue’ from First Page.) @ sprinter. He got to the roof of a building and hid for hours in a wa\ tank, Then made his way to his home in Harlem. said he neveg made any particular effort to keep out of the way of the police, although he heard detectives were asking about him and “Al,” he sald, gave him @ revolver, and on one occasion “Leo” took the weapon from him and hid tt when a Central Office man approached, Swee further corroborated the story told by “Pish," adding that the “gang” maintained a storage place for their revolvers in the Fourteenth street cigar lore when not reconnoltering for a ‘Job to pull off." ‘The witness added that he and “Pish” nnd others of the coterle of crooks on one other occasion visited the “Dutch Village” with “Al,” “Andy” and “Leo,” the detectives, for the purpose of com- mitting a crime, but the “job” did not take place. After an adjournment had been taken Mr. Buckner, counsel to the committee. learned that Charles Jones—“Jonesy,”' at whose cigar store in ‘Fourteenth street two policemen consorted with thieves son hand and w!iing to tentity. doubted {f he would come again, 80 & quorum was hurriedly assembled and the hearing was resumed. “Jonesy” said knew Poltcemen Gambaielia and Cava—"Leo" and “At,” ‘The two officers, he sald, were well known In the neighborhood, The mem- Could Hardly Hear of Taste and Smell were Aleo Greatly Impaired, “1 was afflicted with catarrh,” wri Eugene Forbes, Lebanon, Kansai took several different medicines, giving each a fair trial, but grew worse until I could hardly hear, taste or smell, 1 was about to give up in gerasit, but concluded to try Hood's 5: arilla After taking three bottles, of this medicine I was cured, and have not had any return of the di Sene ease. Hood's Sarsaparilla effects radical and permanent cures of catarrh. Get it today in usual liquid form or chocolated tablets called Sarsatabi SHORT VAMP SHOES Dull and Patent Leather,Rue$ gp 50 sia Calf, High 3 Button and Lace. Allsizes Cuban and French Heels J. GLASSBERG, 2Stores 35," Tau's Iijustrated Catalogu LO WANTS WORK ‘« &-'OERG sagen pron carenenennrnnemmmntateR I i TR DNR BS a ERE EME baci I PLANS OF MURDER BROKERS WHO CONVICTED GUNMEN 9DO-2-DD9-G-9-O-9FGOD9OE-LF 35-9 F99H2HG-G-HH HS le ine of the “gang” thet hung around tore knew they were officers. I told ‘em one time,” eaid “Jonery:” ‘You don’! care for these fello All you want {s information trom ‘em!’ He Just walked awa. “Jones” sald he was born and raised wits Gambadella, at Suring and Crosby! recognized Gambadella | eets. He jana warned the “mob,” but the “mob” jsaid they looked all right. jonesy” [ata his right name ts Charles Rizzo. ones,” he suld, ts bis b Zelle, statement of “ ‘Al’ to me,” said the witness. me they were good coppers This concluded hte testimony and the: session for the day. phi hi SENATOR RAYNER WORSE; UNCONSCIOUS ALL DAY. WASHINGTON, Nov. 2.—The condi- tlon of Senator Rayner, who ts criticaly il here, became worse to-day. Tae Senator was unconscious throughout the day. “He told Derbies and Soft Hats, $3 & $4 Judges of “‘class’”’ put Young’s in the front rank, Be sure your Hat is a Young and you needn’t worry. Disraeli’s words are worth thought. Nowadays, bya man’s collar you may énow him. Do not disregard yourcollar. Lookup Ide Silver ollars They will show ‘you what are thi smart collars, The newest shape is the Pembroke—with PINCCORD “SNAP-ON” buttonhole. wcarf space —{ sizes —2 e 1 +4 Be sure to see it—and try it. PEMBROKE, 2)1 in, KENSETT, 2%e in. 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Compounded only from the beri and | ahd guaran ' ure Food and Deu Te San be obtained direct vudre Blanche Chemb Broadway, N. ¥. your own drugg!st. or through OSes $1.00 per Them “Mixture of vanity and economy, I like people to think I pay twice what I do for shoes.” REGAL SHO PUT THE OTHER FIFTEEN CENTS IN THE BANK. — Oculists’ Opticians Half a Century in Business, Your Eyes Should Be Re-Examined Yearly Glasses that were fitted right a year ago may be injuriously wrong now —duetonaturalchanges of eyesight. Eyes Examined Without Charge by Registered Physicians. Perfect Fitting Glasses, $2.50 to 8; With Far and Near Lenses, $4.50 to a Bl; em hd ‘Sauce Per ioc Bottle 217 Broadway, Astor House. 223 Siath Ave., 15th St, :350 Sixth Ave., 22d St. 101 Nassau, Ann St. 17 West 42d—New York. 498 Fulton St., Cor. Bond St.. Brooklyn. No More Broken Umbrellas “STORM HERO” Umbrellas are absolutely storm and wind proof. A new one if the wind breaks it Guaranteed waterproof and fast black; for men and women. Prices $1.00 to $10.00 ON SALE MOST ANYWHERE. If you can’t get “Storm Hero” write to Miller Bros. & Co., 362 Broadway, New York ‘We will send you the name of nearest dealer. IT’S WORTH A QUARTER TRY IT You wae. SAY 80 TOURSELE, ERS SELL I Don’t run chance: gotting no chances with your lungs. @ asc ‘yale, tone 19, VIRGINIA Andrew M. PERRI-WALLA TEA ROASTED COFFEE STRAWBERRY JAM CANNED CORN FRANCIS H. LEGGETT & Cora |} Mat ich= —— INFORMATION WANTED, REWARD | FOR CRRA sioription, ARK wine gave Iiim onter WORSTED KNIT" ‘Goons Auto Kaitted Conte and Ver sed Koit Un Men, Wome Art Need'ework eh | on the Balcony complete in every detail, | ) HENRY HESSE, | 399 Sixth Ave. 24-25 St. Inthe Streets of New York Many articles of value are lost every day. Some people mourn their loss in silence without making any effort toward recovery Others—and many of them—ade vertise in the “Lost and Found” cole umns of The World and write such letters as this New York, Now SLGAK PEPPERMINTS AND New Yor Word 4, 9, WINTERGREENS; 10 sh Jo, atviae that though "Low and | POUND BO: wound tert aan nt hen ft} | for a tyindle Boston female bulldog, t have | ean tt rete 8 Ollering Fiaiag Yoo, 1 a, your any | jalue elsewhere, . 01 WW. AAIN St. New” TOUND BOX If en ant and Found” ad, printed in the Morning or Sun World, it gets a circulation in Ny York City greater than if nublished in the Herald, Times, Sun, Tribune and Press COMBINED, To Telephone Your “Lost and Found” Ad. to The World CALL 4000 BEEKMAN rr ng, Until At orclock, # 206 BROADWAY 6H ag At oe The specified weight in each instance