Norwalk Chronicler

Evening gazette, Wednesday, January 20, 1897 · page 8

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’ THE END OF A BIG CASE
The Long ‘Drawn Out Fayerweather
.Suit Brought to a Close.

 

TO DISTRIBUTE $3,000,000.

Twenty Colleges Will Profit by the De-
_ cision, Which Is Against the Resid-
uary Legatees—The Details of
the Complications.

ALBANY, Jan. 20.——The court of appeals
today decided the Fayerweather will con-
test, involving the distribution of $3,000,-
000 among educational institutions all over
the country. The court’s decision in the
case, which was entitled Amherst college
and others, respondents, versus the execu-
tors of the will, appellants, is, “Judgment
affirmed with costs to all parties appearing
by separate attorneys, payable out of the
estate. ”

Judge Vann wrote the prevailing opin-
ion, in which all the judges but Chief
Judge Andrews agreed. Judge Andrews
wrote an opinion for reversal.

In deciding the Fayerweather will ease
the court of appeals held in substance that
Mr. Fayerweather intended that his resid-
uary~estate, now amounting to about $3,—
000,000, should go to the 20 colleges named
in the ninth article of his will; that he
would not have made the gift to the resid-
uary legatee had he not been assured by
them or in their behalf that they» would
thus dispose of their legacies; that hence
they were under an equitable obligation to
so dispose of it; that they had no right to
disappoint his belief, based on their prom-
ises, which thus induced him to make his
. will by disposing of the property through a
deed of gift to 11 hospitals and 21 colleges,
of which only five of the former and six of
the latter were named in the will; that no
one can take advantage of the act of 1860,
which prohibits any person having a hus-
band, wife, child or parent from devising
or bequeathing more than one-half of his
or her estate to charitable, benevolent or
literary institutions, except the widow or
next of kin, who, by their releases, which
do not operate as transfers, waive and
abandon all the rights they might have
derived from that statute; that, all obsta~
cles to the enforcement of secret trust being
removed, it bound the residuary legatees
and compelled them to keep their promise
to the testator and turn over the residuary
estate to the 20 colleges mentioned in the
ninth article of the will.

Effect of the Decision.

Chief Justice Andrews, who dissented
from the prevailing opinion, holds that the
releases were intended as transfers to the
residuary legatees, who thus became en-
titled to the residuary estate.

The effect of the decision is to distribute
$3,000,000 among the following colleges in
equal proportions:

Amherst, BoWdoin, Dartmouth, Wil-
liams, Yale, Columbia, Hamilton, Lafay-
ette, Lincoln, Maryville, Maifetta, Adel-
bert, Wabash, Park, the Wesleyan uni-
versity, the Universities of Rochester,
Cornell, Virginia and Hampton and the
Union Theological seminary.

Daniel B. Fayerweather was a well
known and wealthy leather merchant of
New York city. He died on Nov. 15, 1890,
leaving a fortune of $5,000,000 to various
colleges throughout the country and many
benevolent institutions. Mr. Faycrweather
left a widow and three nieces, but no chil-
dren. His nieces are Mrs. Mary W. Achter,
Emma S. Fayerweather and Mrs. Lucy J.
Beardsley.

There was left to the widow, by the
terms of the will, $10,000 in cash, the
family home at 145 East Fifty-seventh
street, with $100,000 and an annuity of
$15,000 in lieu of her dower rights.

Mr. Fayerweather always lived modestly
during his lifetime, considering his means,
and his yearly expenses never exceeded the
annuity which he provided for his widow.
Mrs. Beardsley received $100,000, and the
other nieces got $20,000 each. ,

The eighth paragraph of the will gave
$25,000 each to the Presbyterian and St.
Luke’s hospitals and the Manhattan Eye
and Ear infirmary of New York city and
$10,000 each to the Woman’s and Mount
Sinai hospitals in New York city.

Of the remaining $4,500,000 about half
was left to 20 colleges and universities and
to the rcsiduary legatees.

The Twenty Colleges.

Under the ninth paragraph of the will
bequests to 20 colleges, aggregating $2,-
100,000, were made: Bowdoin college,
Brunswick. Me. ; Dartmouth college, Han-
over, N. H.; Williams college, Amherst
college, Amherst, Mass. ; Wesleyan unis
versity, Middletown, Conn. ; Hamilton col-
lege, Clinton, N. Y. ; University of Roches-
ter, Lincoln university, Lower Oxford,
Pa.; Virginia university, Charlottesville,
Va.; Hampton university, Hampton, Va.,

- and Maryvillo college, Maryville, Tenn.,
$100,000 each; Yale college, $300,000; Co-
lumbia college, New York city, $200,000;
Union Theological seminary, New York
city; Lafayette college, Easton, Pa; Ma-
rietta college, Marietta, 0.; Adelbert col—
lege, Cleveland; Wabash college, Craw-
fordsville, Ind. and Park college, Parkers—
ville, Mo., $50,000 each and Cornell uni-
versity $200,000. All of the bequests in
the eighth and ninth articles have been
paid.

By the tentlf article of the will as orig
inally constructed Mr. Fayerweather di-
rected that the residue of the estate,
amounting to $2, 500,000, be held in trust
and be divided equally among the 20 col-
leges mentioned in the ninth paragraph of
the will. The original will was dated Oct.
6, 1884, but by codicils made as late as
Nov. 15, 1890, the day of Mr. Fayerweath-
.er’s death, the tenth article of the will giv-
ing the $2,500,000 residue of the'estate to
the. 20 colleges named in the ninth para-
graph was revoked and this residue was
devised and bequeathed to “Justus L.
Bulkeley, Thomas G. Bitch and Henry B.
Vaughan, to them and their heirs forever. ’ ’

Proceedings were begun to probate the
will, but the widow and three nieces ob-
jected on the ground that the will and cod:
icils were procured by undue influence
and fraud and that the testator was of un—

~ sound mind.

 

_ Platt For Senator.

ALBANY. Jan. 20.——The senate and as-
sembly met in separate sessions today to
nominate their candidates for United
States senator. rlghe two houses meet in
joint session tomorrow to elect a successor
to Senator Hill. Thomas C. Platt was the
choice of each branch for senator, as was
Chester S. Lord for regent of the uni-
versity.

For Cheaper Telephones.

Amour, Jan. 20.—Assemblyman Gain
of Brooklyn has introduced the Coffey tel-
ephone charge bill of last year, making the
rate €585 per year in first class cities and
$75 in second class cities.

 

to grant his client a divorce on the admis-

ceedings.

 

 

 

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The Hearing In the Application of the
Prince For Divorce.

 

l
———- i
HER DAMAGING ADMISSIONS.‘

Ofl'ered to Enter a Convent For Five Years
‘ and Then to Return to Her Husband.
Queer Extenuation Urged In Be-
half of the Princess.

CHARLEROI, Jan. 20.—The action for
divorce brought against the Princess de
Chimay, formerly of Detroit, who eloped
last summer with a Hungarian gypsy mu-
sician named Janos Rigo, opened here to-
day in camera. There was a great crowd
present, including many newspaper cor-
respondents from Paris, Berlin and Brus-
sels. Tm Prince de Chimay was in attend—
ance, accompanied by his cousin, Prince
Joseph.

At the opening of the proceedings the
public prosecutor asked that the case be
tried in camera. In so doing he said that
so much publicity had already been given
to it that the world probably could not

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PRINCESS CHIMAY.

be further outraged by the proceedings.
But in the name of public order he asked
that newspaper men and the public be ex-
cluded. The judge acceded to the public
prosecutor’s request, and therefore the
hearing was in secret.

Counsel for the prince asked the court'

sions of the princess. He also asked that
the princess be allowed an hour’s visit per
month to her children, she paying them
an allowance of 7 5,000 francs yearly. If
necessary, counsel added, the petitioner
would produce witnesses to prove 22 acts
justifying the suit, and, he further stated,
the petitioner could prove four times- that
number of acts in justification of the pro-

Oil‘.:red to Enter a. Convent.

Later counsel read letters written by the
princess to her husband in which she of—
fered to go into a Carmelite convent for
five years, whence, the princess added, she
would return purified to the domestic
hearth. ,

The prince replied from Paris, saying
he was going to Chimay and that he did
not want to see her counsel.

Counsel continued that on the following
day the princess, accompanied by Rigo,
suppcd at the Elnbassadors’ Cafe Chantant
with a man and a woman, and the princess
made a scene with the woman, whom she
accused of an attempt to steal her lover.

For the sake of the children, counsel
then said, the prince hoped the court would
not require proof by witnesses, as the no—
toriety of the scandal and the attitude of
the princess since the beginning of the suit
proved the principal charge—viz, her flight
with Rigo. .

In conclusion, counsel recalled that as
early as Aug. 10, 1895, the Gil Blas of
Paris spoke of the “vagaries of a princess
in Paris” in an article clearly designating
the Princess de Chimay.

Maitre Allain, for the defense, did not
deny the principal fact, but contended that
all the accessory evidence was false or
greatly exaggerated. Proceeding, counsel
endeavored to clear the princess of the re-
proach that she was a bad mother, assert—
ing that if it was necessary to seek the
causes for the eccentric love in which she
had wrecked her honor they could be found
in the weakness of her husband, whom she
loved and still loves.

Counsel, continuing, asked the court not'
to be influenced by the “atrocious accusa-
tion that the. princess had abandoned her
children without regret. ”

A Queer Defense. .

The prince‘s counsel pointed out that
the princess’ defense was confined to ex-
tenuating circumstances and recalled that
the princess, in order to escape from the
pleading of her husband, sent him a formal
note through hc: doctor that all communi-
cations betwecn them must cease, adding:

“And today she has dared to reproach
her husband with having abandoned her!”

Counsel for the prince also said, “All
Europe would laugh if the court required
test-imr‘iy in this case. ”

The decision will be rendered in a fort—
night; but, according to general opinion,
it is believed that the court will grant an
absolute divorce without hearing any testi-
mony. ‘

 

Another Scandal In High Life.

LONDON, Jan. 20.——The trial of the ac—
tion for divorce brought by Countess Cow-
ley against ‘her husband, ~Henry Arthur
Mornington \Vellesley, Earl Cowley, was
begun in the divorce division of the high
court of justice today. The grounds upon
which the suit is based are desertion and
improper conduct. The Countess Cowley

 

took the witness stand and testified that
her husband deserted her in 1892, when he
i gnored her and openly showed his prefer-
ence for Mrs. Charrington. She said that ‘
the earl was accustomed to spend several
hours each day in Mrs. Charrin‘gton’s. _
boudoir until Mrs. Charrington’s husband
interfered. Upon cross examination the “
countess admitted that she had had dis
putcs with her husband concerning house»
hold hills, which had led to an agreement
between them to separate. ‘

Steamer Disabled by fee.

ST. JOHN‘S, N. F., Jan. 20.—-The steam
ship Bernicia, from Baltimore for New
castle, grain laden, sought refuge zero, hav
ing had ’101‘ bows crushed in an ice floe.
Several plates were broken, and the fOl‘(
hold was flooded. Continuous pumping
was necessary to- keep her from sinking.

‘ Nevada. Returns Jones.
CARSON, Nov, Jan. 20.——A joint caucu.
for United States senator was held here it
the Nevada legislature. Out of the 38 vote:
cast Senator J. P. Jones received 35 anc‘
George‘s. Nixon 3. Nixon was Jones
only opponent. , , . .

 

 
 

AWFUL BOILER Enron‘s.“
Twelve llIen Killed In an Accident en the
_French Steamship Ssghnlien.

SAN FRANCISCO, Jan. 20.—The steam-
ship Rio de J aneiro, which arrived here to—
day, brought news that one of the boilers
of the French steamship Saghalien ex-
ploded while the vessel was off the Chinese
coast on Dec. 2, bound from Singapore for
HOngkong. Eleven of the stokers in the
fireroom and one of ,the engineers were
killed instantly by the explosion or by the
scalding steam. The chief stoker was so
badly injured that he died a few hours
afterward, and four other firemen died the
next day as a result of their burns. The
vessel was crowded with passengers, and
for a time there was the wildest confusion
on board. The passengers had just assem-
bled in the saloon for dinner, when there
came a report like that of a cannon from
the direction of the engine room. The
deck beams were torn up. Gratings were
sent flying in the air, and the steamship
trembled from stem to stern. A dense cloud
of steam and smoke issued from the
hatches, and there was a deafening roar of
escaping steam.

The oificers of the vessel who were on
the decks rushed to their places at the
lifeboats, and from the cabins came a rush
of screaming women and shouting men,
all believing that their lives were in dan-
ger. It was some time before order could
be restored and the extent of the disaster
ascertained. As soon as the steam had
cleared away men were sent below. In
the stokehole 11 of the Lascar firemen lay
about the floor before the ruined boiler
dead or dying. Ten other firemen who
were in the stokehole were badly burned.

The dead firemen and engineer were
buried at sea.

DRAKK 0_IL 0P VITRIOL.

, A Workman‘s Mouth Badly Burned by

the Deadly Liquid.

FLUSHING, N. Y., Jan. 20.—Terrence
Brennan, aged 35, in the employ of S. E.
Andrews, an electrician, had a terrible ex-
perience by drinking oil of vitriol for wa-
ter.

Brennan was assisting Electrician An-
drews in the electrical work on the new
Flushing bank building. Brennan was
sent by his employer to look after some
wires at the rear of the building. He did
not return within a reasonable time, and
his employer went back and found Bren-
nan 1eaning against a wall in great agony.

Brennan pointed to a pitcher which was
on the floor and said that he had drunk
some of its contents. He supposed he was
drinking water. The pitcher contained
about a quart of oil of vitriol and was used
by the masons to clean off the brick tiles.

Brennan was hurried to Garrison’s drug
store, where powerful emetics were admin-
istered. Fortunately l 0 had not swallowed
much of the vitriol. but his mouth, tongue
and throat were badly burned. He sufi‘ers
greatly.

Vest lie-elected Senator.

JEFFERSON CITY, Mo., Jan.‘ 20.—-The
formal ballot was taken in the legislature
today, which resulted in the re-election of
Senator George G. Vest to the United
States senate, stood as follows: Iii the
house: Vest (Dem.), 85; Kerrens (Rep),
34; Jones (Pop), 4. In the senate: Vest,
19; Kcrrens, 14.

______._....,._

Th e \V'éather. ‘

Generally fair. succeeded by cloudy;
siigrhtly l;i‘.:3:cr temperature; northeaster-
ly \‘.'l‘..(‘l.‘<..

 

 

FIN‘AI'LC A L AND COMMERCIAL.
Closing- Quotations of the New York Stock
Exchange.

NI-zw YORK, Jan. ISL—Money on call nominal-
ly at l%@2percent. Prime mercantile paper,
Sléfgl pcr ccnl. Sterling exchange lower, with
actual business in bankers’ bills at $4.84}3@

4.85 for demand and $4.87%@4.87‘/§ for (it:
days. l’oslcd rates. $4,[email protected]% and 34.8865.
4.58%). Commercial l)ill<. $4.83Xg. Silver cer-

tificates, SSl‘Jl'J.) at. (Mi/go. Bar silver, 615140..

Mexican do! ars. 5001c. Government, bonds

strong. Slate boudsdull. Railroad bonds firm.
Closing prices:

Alchison .......... 14% N. J. Central ...... 102%
Bur. &Qui1.-cy.... 76% North American. 5
0., C., C. 62 St. 1... 283,11 Northern Pacific.

13%
31

Chesapeake 8c 0.. lb‘ Do. pref ..........
Chicago Gas ...... 78% N. Y. Central... .. 95
Cordage .......... — Omaha ............ ’ 51%
Cotton Oil ........ 14%), Ontario 8:. \Vest.. 15%;
Del. 6: Hudson. . .lll}é Pacific Mail ...... 26%
Erie ............... 15%; Reading ........... 27%
General Electric” 35 Rock Island ...... 69%
Hocking Valley.. 16%; Silver Bullion ..... 64%,
Lackawanna.. . . ”157% St. Paul ........... 77
Lake Shore ....... 154%», Sugar Refinery. ”117%
Lead .............. 26 Texas Pacific..... 10%
Louisville K: Nash 52% Union Pacific ..... 7
Missouri Pacific. . 23%. Wabash pref ...... 17

Northwestern . . . . 105% Western Union . . . 85%

. General Markets.

NEW YORK, Jan. 19.—FLOUR—State and
western dull and lower to sell: city mills pat-
ents. [email protected]: winter patents. [email protected]: city
mills clears, [email protected]; winter straights, $4.60
@430. =

WHEAT—No. 2 red opened weak under
lower English cables. but rallied at noon on
local coverings; March, 89%@90 1-1oc.; May,
86 11-16@86 5-100.

CORN—No. 2 was quiet. but steady; May,
30 1-16@30}éc.: July, 31%0.

OATS—No. :3 dull. but easy: track. white.
state. 20@30c.: track, white, Western, 20@30c.

PORK—Quiet; mess, 358.5039; family, $9.50
@10.

LARD—Steady; prime western steam, $4.25
asked. '

BUTTER-Steady: state dairy, mil/15%;,
state creamer-y. 12303190.

CHEESE—Quota; state. large, ’.%@.ll%c.:
small. 8@lll/1v. ~

EGGS—Steady: state and Pennsylvania. 16@
163110.; western. 12.’@15c.

SUGAR—Raw quiet; fair refining, .‘2 13-160..
centrifugal, 95 test, 3 3463.; refined weak
crushed. 1%c.: powdered, til/fie. '

TURPEN’l‘lNE—Steady at 27%,@28'/;c.

MOLASSES~Sicady: New Orleans. 22@3;2c..

RICE—Steady; domestic. 2%@61/§c.; Japan
4%@4%c. ‘-

TALLOW—Quiet; city. 3%:34 country,3%c.

HAY—Steady; shipping, . 55@60c.; good u
choice. 70@75c.

ECZEMA

Most Torturing, Disfiguring,
Humiliating
Of itching, burning, bleeding, scaly skin
and scalp humors is instantly relieved
by a warm bath with CUTICURA SOAP,
a. single application of CUTICURA (oint-
ment), the great skin cure, and a full dose
of CUTIGURA BESOLVENT, greatest of blood
purifiers and humor cures. -

REMEDIES speedily, permanently, and
economically cure, when all else fails. ;

Porrrn Dam Am) Guru. Conn. Sole Pro s.. Boston.
W “How to Cure Every Skin and Blood HSmor," free.

—— "l

 

CUTICURA SOAP.

P'MPLY [AGE Pdriflerl and/ Beautified

 

 

We are confident
We llave the
GOODS You

Want.

 

Tllll

NORWALK, .4 comm.

 

N. Y. Office, 442 Broadivay. ‘

Eu Eu.

 

Our; PBIGES ”ire
Just- as ' Sails-i
fa‘ciory as Our '
Goods.

 

 

lllllllllllllllllllllllllllllllllllIlllllllllIllIllIlllllllllllllllllllllllllllllllllllllllIlllIIIlllllllIlllllIlllllllllllllllllllllllllllllllllIlllIlllllIlllIlllllllllIlllllIlllllIlllllllllllllllllllllllllllllllllllllllllllllllllllllllllIllllllllllllllllll|Illllllllllllllllllil'l’l'IlllllllIllllllllll’l‘l'l'lllllllll
, ‘ K I l l I l

THIS WEEK~ OCCURS OUR~

[igh ll Annual ll enin‘g *_ _

 

 

 

 

 

 

 

 

 

G

 

__ Muslin‘Undelweau

011,. new line of Muslin underwear for 1897 is worthy your especial notice. The

latest

stock.

. - ‘ . - \
deSIgns, the newest Ideas. and the best of workmanship are represénted in this

We have aimed to have not only the largest and best asscrtment but to have

it pracfilcal. desirable and popular as well. We are old-fashioned in nothing save

QUALITY, and that remains sterling and unsurpassed. We ask no one for their ..

p

price advantageous to the buyer. . _
sad the following list carefully, then visit our store and give us an Opportunity

to share these bargains with you.

atrOnage unless We can repay the favor by giving in return a first-classarticle at a

n.

 

consul courts.

Corset Covers of good muslin, felled
seams, just for a leader .......... So each.

Fine CambricCovers, either high orV
shaped neck, trimmed With em-

‘ k , worth 39c at
T351773??? if”? ............ 25c each.

Extra fine Cambric Covers,
with linen torchon lace. usually
sold at 50c, great value for...39c each.

Cambric Corset Covers with the new
round neck. elaborately trimmed
with embroidery and insertion to
match. only. ........... .. ....... 9c each.

SKIRTS.

Skirts of very good muslin with deep
hem and cluster of tucks. JllSl’.
think of it, only. ............. 250 each.

Skirts With rulile and cluster of tucks,
you have paid 75c for Similar styles,
these are only .................. 49¢ each.

Umbrella Skirts. very full size, fin—
ished with cluster of tucks, worth
98c at...... ............ ............75c each.

Umbrella Skirts, trimmed with linen
torchon lace, insertion to match,
just to introduce the stock...980 each.

Umbrella Skirts, extra fine quality,
trimmed with Hamburg embrOId-
cry, in new patterns ...... $ | .25 each.

\Ve also have an elegant assortment
of fine Cambric Skirts, trimmed

: with choice lace and embrOIdery,
atm$ I .98, $2.25, $2.32,
$2.50 and $269. _ About 2.) per

cent. less than regular price.

GOWNS.

100 dozen Ladies‘ Night Gowns, the
largest and finest Selected stock ever dis-
played in Connecticut, and the prices _at
least 33 per cent. lower than can be
found elsewhere. We mention a few
only of special numbers in the l1ne. but
assure you that an early response to this
Sale will secure for you the grandest
values yet offered. .

Night Gowns of good muslin, well
made, trimmed With tucks and
cambric ruffles, Ihis quality usually
sells for 50¢. They’re a wonder
at ........... . ...... 390 each.

G—O W NS.

Night Gowns of good muslin.
trimmed with insertion and rufiles,
excellent value at 75c, for this

sale .......................................... 49c

 

Night Gowns,trimmed with tucks
Hamburg insertion, all finisgna
feather-stitch braid, only...69c each '
Night Gowns, empire style. with col-
lar of all over embroidery, and in-
sertion, wr rth $1.00, at" .. 750 l ;.ch.
Night Gowns of very finemusliu,
trimmed with linen torchon lace.
very choice, at........... ......98c each.
Night Gowns, empire style, trimmed
with Hamburg edging and inser-
tion, in choice patterns, would be
cheap at $1 50, to introduce the
new goods, they go at .......... s I .09

Drawers.
\\.

 

/

 

 

 

‘T ‘9 ‘3‘ " ‘ I .
DRAWER ’ ‘ "‘
Drawers made of excellent musl'
deep heat and tucks, yoke bannds
iand running tapes, splendid value
or ................. .............25c pair.
Drawers made of extra '
. . good 1111151111.
trimmed With embroidery and
tucks, wonderful yalue at...29c pair.

Umbrella Drawers " '

_ . . good muslin
trimmed With fine embroidery,
100 at these for ....... ........49c ,pair

We aso have a choice assortment of

finer qualities in Um
ers. at... .............. brclla Draw-

59c, 69c, 79c and 98c pair.

UNDERSKIRTS.

Underskirts of good muslin trim
with tucks and deep h,em. gndgg
value 91290 each
Underskirts made in the umbrell .
style, with deep hem and cluster 0;;
tucks, only....... ......... . ..... 49c each.
Underskirts, full 'size, ver ood ‘
muslm, trimmed with emli'oiédery
and tucks...._ ..... . ..... 59c each
Underskirts, umbrello st le m d ‘
of very fine muslin, trinZ‘miad will}:
embroulery, these would be a good
value at $1.00, onrpr‘ice is.... 75c eah,

EMBROIDEBIES' I
AND LACES.;

Over 10,000 yards of Hamburg Edg-
ings, very choice designs and made
on. fine cambricgat exceedingly low
prices. ‘Special lots at........‘.5c
7c, l0c, mac, l7c .i
:25CPwYM¢ ' ‘
3,000 yards new Torchon Laces yery.
, narrow and dainty, hand made and ‘
wide, suitable for skirting. At all
popular prices.

 

The above are but a few of the many styles to be found at our Underwear coun

ters. The line is so‘ liberal and new that we feel sure you will‘not only select some-

thing if you view it, but you will go away satisfied that you have/found a veritable
BARGAIN COUNTERA—I‘

 

 

 

 

 

uu Buuu sun um. Main‘and ‘Wausu

 

fl

INSURE YO'UR -,

PLATE GLASS

Mutual Plate

IN THE

\

Glass Insurance Company

 0F CONNECTICUT,

At HALF THE RATE charged by other stock~compa‘nies,.

. W. at sunscreen,

ROOM 1, "GAZETTE. BUILD! G

 

..
,r

' NORWALK,

.1 . "

 

 

 

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