The Bamberg herald. (Bamberg, S.C.) 1891-1972, April 18, 1907, Image 3
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MISTRIALFORTHAW
i
The Jury Failed to Agree
and is Discharged.
DISAPPOINTMENT GREAT
I Seven Jurors Were for Conviction and
Five for Acquittal?Salacious
Rot Must Be Rehearsed
+{p Again.
A New York special says: Hopelpsslv
divided?seven for a verdict of
* guilty of murder in the first degree
and five for acquittal on the ground
of insanity?the jury which since
January 23 has been trying Harry
K. Thaw reported Friday afternoon
after forty-seven hours and eight
minutes of deliberation that it could
> ' not possibly agree. The twelve men
were promptly discharged by Justice
Fitzgerald, who declared that he, toobelieved
their task hopeless. Thaw
was remanded to the Tombs without
bail to await a second trial on
?' v the charge of having murdered Stann
ford White.
When this new trial will take place
no one connected with the case could?
express an opinion. District Attorney
Jerome declared that there were
many other persons accused of homi.cide
awaiting trial and that Thaw
would have to take his turn.
I As to a possible change of venue
both the district attorney and counsel
lor Thaw declared they would make
no such move. Thaw's attorneys
will have a conference with the
prisoner to decide upon their next
step. They may make an early application
lor bail. Mr. Jerome said
that he will strenuously oppose it.
He added that as seven of the juro.rs
had voted for "guilty," his opposition
: probably would be successful. In
that event. Thaw has another long
summer before him in the city prison,
for his case on the already crowded
criminal calendar cannot possibly
be reached until fall.
The scenes attending the announcement
by the jury of its inability to
1 agree were robbed of theatricalism by
the general belief that after their
long deliberation ana the reports of.
a wide division of sentiment, the jurors
could make no other report.
Thaw, surrounded by the members
. of his family?the devoted aged
mother, the pale young- wife, the titled
sister?the countess of Yarmouth
} ?Mrs. George Carnegie and Edward
and Josiah Thaw, the brothers, received
the news in absolute silence.
i Thaw's wife gripped her husband's
hands tightly as" the jury foreman
spoke, and then when he sank down
: by her side, she tried to cheer him
as best she could by saying that she
believed he would now be admitted
to bail, and that a second jury would
surely set him free.
The mother, the sisters and the
brothers, pale and well-nigh exhausted
by their tedious, nerve-racking
wait for a verdict, smiled weakly at
Thaw as he was led away again to
4 the Tombs. They were permitted to
speak with him for a few moments
to bid him be of good cheer before
> he crossed the "bridge of sighs" to
the cell, which until a few minutes
before he had hoped he was about to
quit forever.
Outside the big square criminal
courts building only a few hundred
persons were gathered. Thousands
had been there earlier in the day,
but the police had instructions to
^ keep every one moving, and this |
soon tired the idly curious.
Thaw, when he had returned to
the Tombs, gave out the following
- statement:
, "I believed that every man in the
1 , jury possessing average intelligence,
excepting possibly Mr. Bolton, comprehended
the weight of evidence and
balanced it for acquittal. All of my
family bid me goqdby with courage. ;
~'V I trust (D. V.) we may all keep
well."
- !
BOLD WORK OF LONE BANDIT.
Stage Coach Held Up and Sum cf
- * $23,GOO Secured.
i The stage running between Malta
and Zortman, Mont., was held up Sun'day
night by a lone bandit, according
to a telephone message received in
> Great Falls, and a sum estimated at
$28,<J00 is said to have been secured.
The robbery occurred just north of
Zortman, as the stage was entering
the Little Rockies, with a consign
ment of money to pay the wages ol
the miners at the Zortman mines.
* :
BUSINESS SECTION WIPED OUT. j
Sunday Blaze :n Texas Town Plays
Frightful Havoc.
Fire Sunday destroyed almost the
entire business section of Alpine,
Texas. The total losses will reach J
$100,00. Not a business house on i
f the square escaped the flames. Some
of the structures were entirely consumed
and all suffered heavy dam- j
use.
. - . , - . v Vv. - '
STEVENS TALKS CANAL
Former Chief Engineer Arrives Home
and Says Sea Level Waterway
Will Come in Time.
t
John F. Stevens, who recently re- '
signed as chief engineer of the Pana- i
ma canal, arrived at New York Sat- j
urday on the steamer Panama from j
Colou. Mr. Stevens declined to talk j
about the work on the isthmus. It i
is his present plan to take a long j
rest, including a trip to Europe be- \
fore again engaging in active busi- j
ness. Mr. Stevens said lie was great- |
ly flattered by the send-off given him j
by 3,000 canal employes when he left |
Colon. *1 retired on the best of I
terms with my fellow employes," he
said. *
When Mr. Stevens was infoimcd
that a story had bum published to
the effect that his resignation was due
to a realization that the canal never
would be completed, he replied:
"That's nonsense. The canal will
be completed just as sure as you are
alive."
Asked as to whether he thought
the canal eventually would be u? the
re a let el type, he replied:
"Undoubtedly, in time"
Mr. Stevens said he resigned for
purely personal reasons. The- report
that liieScaua! will never be buiit
because fctoe was no rock foundation
for it, Mr. Stevens said:
"It is all rot," adding: "The foundations
on the isthmus are as good as ;
in New York city."
"Will you see the president in ]
Washington?" he was asked.
"Il he wants to see me, he will '
know where to find me," said the
chief engineer. "I have done my
share o? the work cn the canal and
1 am willing that some one else should
lake a hand.
"The people of the United States
. i
should get, the idea out of their heads I
that the canal work is not progressing.
It is going on splendidly."
COMBINE FACES HEAVY FINE.
Standard Oil Company Found Guilty
on 1,463 Counts for Rebating.
The Standard Oil Company of Indiana,
which has been on trial for
the past six weeks before Judge Landis,
in the United States district
court, at Chicago, on a charge of having
received rebates from the Chicago
and Alton railroad on shipments
of oil from Whiting, Ind., to East St.
Louis, 111., was found guilty Saturday
night on 1,463 counts out of the orig-1
inal 1,903 in the indictments. The remaining
440 counts were dropped from
the indictment on account of errors.
The oil cnmpany is liable to a fine of j
$29,260,000, as the Elkins law, which
the indictment charges the company
with having violated, provides a fine
of $1,000 to $20,000 for each offense.
Pending the decision on a motion
for a new trial the court will not pass
sentence on the company.
ONLY SIXTEEN PASSED
Out of 1,389 Applicants for Position of
Pure Food Inspector.
The civil service commission at
VV itbuiiis LVJU uaa wiuiJicicu us CAUIU'
ination or applicants for the office ol
inspector under the pure food law.
Out of 93 applicants for chief food
and drug inspection chemists, 30 passed.
There were 1,389 applicants for
the position of food and drug Inspector,
but the examination proved to
be so rigid that only sixteen were
found to have met the requirements.
WORK OF TRAIN WRECKERS.
3
Plunge of Passenger Into Open Switch
Deals Death and Destruction.
Three men killed and one probably
fatally injured is the result of what
is believed to be the work of train
wreckers at Cheneyville, La., on *the
Texas and Pacific railroad, between
1 and 2 o'clock Sunday morning
when a westbound passenger train
plunged into an open switch. Tne
wreckage caught fire and the mail
car, baggage and express car and
two passenger coaches were burned.
FOR OBSCENE PUBLICATIONS
New York Herald Company Is Fined
sum or ?ji,uuu.
Judge Hough, in the criminal branch
of ihe United States criminal couri
at New York Wednesday imposed fines
aggregating $31,GOO against the New
York Herald Publishing Company
James Gordon Bennett, proprietor
and Manley W. Gillam, the advertising
manager. The fines, which were im
medlateiy paid, were imposed as a
result of pleas of guilty to indictments
charging use of the United States
mails for improper purposes.
i'.OBERT OGDEN AGAIN ELECTED.
Southern Educational Conference Disregarded
His Wishes.
The conference for education in the
south, in session at Pinehurst, N. C.f
Thursday elected officers as follows:
Robert C. Ogden, New York, president;
G. Gunby Jordan, Georgia, vice
president; B. J. Baldwin, Alabama, secretary;
William Blair, North Carolina,
treasurer.
... . ' J
QUAKE IN MEXICO"
Widespread and* Wrought
Most Frightful Havoc,
HUNDREDS ARE KILLED
Two Tows Completely Leveled and a
Third is Yet to'Be Heard from.
News of Disaster is Diffi- , ,
cult to Obtain.
The city of Chilpaxcingo, Mexico,
has been completely destroyed by one
of the heaviest earthquakes that has
ever visited that section. The known
dead so far number eleven and the
badly injured twenty-seven. The utmost
panic prevails everywhere and'
people are fleeing to the open country.
Many minor shocks completed
the work of destruction of the flrst
earthquake.
All telegraph communication with
the outside world ceased shortly after
11:20 o'clock Sunday night, when
the first shock was felt. 'The telegraph
operators have installed temporary
quarters on an open square
and are working with the sky for a
roof. %
Word has reached * Chilpancingo
that the town of Chilapa has also
been destroyed. As yet no details
have been received as to the number
of dead and wounded, but it is feared
that the number will be large.
Chilpancingo is the capital of the
state of Guerrero and four years ago
was visited by an earthquake which
killed and wounded many of its inhabitants
and destroyed a large part
of the town. The population of the
town is 7,498, and until the panic
n-htnVi tv>?i hnvp heen
iJitu ? u:tu vui^vmu .. v f
thrown abates some it will be impossible
to state just what extent the
recent earthquake has decreased it.
The population of the city of Chilapa
is 15,000.
Midway between the cities of Chilpancingo
and Chilapa is located the
city of Tixtla. This is a prosperous
and progressive community and as
no word has been r^o^'ved from that
place it is feart i nat it also has
been destroyed. According to the
movements of the earthquake Tixtia
would be in its direct line, and if
the city has escaped it has been
only by a miracle.
The National Bank of Mexico received
a telegram saying that SOU
lives were lost in the destruction or
Chilpancingo. Th<^ telegram adds that
both cities were completely destroyed.
In governmental circles the report
is not credited. The federal
telegraph office in Mexico City declares
that the first and last report
received was that contained in the
dispatch received about noon Monday.
It is admitted that both cities
were leveled to the ground, but it is
not thought that the death list will
even approrimate 500, owing to tne
fact that the houses are massive affairs,
built of stone and adobe in orrior
tn ros?sr pnrthauake sndcks.
The federal authorities at the capital
have been appealed to by the governors
of the districts of Bravos and
Chilpapa for tents as the inhabitants
in the stricken cities are now
living in the open, having constructed
dwellings out of palm leaves and
branches.
The governor of the state of Guerrero
has dispatched military engineers
and troops to the destroyed district
and the work of rescue and sanitation
is being carried on in a systematic
manner. Both cities are so far removed
from the railway that it is impossible
to obtain rapid inteligence
of the disaster.
YERKES RESIGNS HIS OFFICE.
Internal Revenue Commissioner to
Take up Practice of Law.
John W. Yerkes, commissioner of
internal revenue, has resigned, and
his resignation has been accepted by
the president. He leaves the service
of the government to enter the prac
tice of law.
TIRED OF BEING FUGITIVE
George Bundrick, Under Sentence of
Death, Gives Himself Up.
George VV. Bundrick, under death
sentence of the superior court of Crisp'
county, Ga., for the murder of Joh?
Schroeder, in Rains, Dooly county,
Ga., in 1902, has surrendered at Dowuey,
Cal.
Bundrick gave himself up, saying he
was tired of living a fugitive from
the law, hunted every minute of his
time, and that he was willing to go
back to Georgia and hang for his
crime.
CURATE LOSES HIS GARB.
Visited Tenderloin District ''Chaperoned''
by a Negro Woman.
Rev. \Y. Howard Clears, curate of
St. Matthew's Episcopal Church, in
New York, who was arrested by the
police at a house in the tenderloin
district, March 12, last, where he had
gone in company of a negro woman,
has been deposed from the ministry,
following a report of a commission of
investigation.
. .. \ v
FAREWELL TO PEACHES,
Latsst Coid Snap Virtually Knocked
Out the Crop in Georgia?Cotton
and Corn Hard Hit.
All the reports received by State
Entomologist It. I. Smith indicate
that the peach crop In Georgia is a
total loss. He received reports Monday
from James Cureton and T. M.
Cato, of Austell, who state that all
the fruit in that section is kiiled.
Mr. Smith received a telephone
message from Adairsville, one or the
largest peach-shipping points in North
Georgia, to the effect that 80 per
cent of the crop there was killed
Sunday. It was stated that the fruit
was practically all right until that
time, but the severe frcst and freeze
which came then finished it.
Mr. Smith is sending out letters to
all the peach-growing sections of the
state making inquiriy as to the extent
of damage ' done the crop, and
expects to have definite information
about the matter the latter part of
the week.
A. M. Kitchen, a well known peachgrower
of Baldwin, Habersham county,
stated that his county would
scarcely turn out a single crate of
peaches this year.
"There is not a crate of peaches
left 011 my place." he said, "and I
am satisfied there is not in Habersham
coanty. I am satisfied the loss
iu Habersham county alone this year
will be $250,000.
"Of course I know only what I have
heard as to other sections of the
state, but the indications all point to
a general destruction cf the peach
crop by the recent severe and continued
cold weather."
J. A. Hall, of Calhoun, superin
tendent of public buildings ana
grounds of Georgia, who has peach interests
in his section, says he is
satisfied there is not a crate of
peaches left in Gordon county. They
have had practically winter, weather
for the past ten days or two weeks,
he said, aqd it has #een impossible
for them to survive it.
The temperature recorded broke
April records for more than twenty
years. Cotton has been the heaviest
sufferer. In consequence of the phenomenally
early season, many fields
in ?Soutii Georgia had been planted
dor a sufficient length of time for the
plants to be well above the ground,
and these have been killed outright.
Farmers are putting forth prodigious
efforts to secure cotton seed for
replanting, nnd are meeting with but
partial success. They are paying 40
cents per bushel for seed, which they
sold only a few months ago for just
half that price.
THAW TRIAL WAS COSTLY.
Conservative ' Estimates Place Ex*
pense at $300,COO.
The total cost of the Thaw trial
at New York has broken all records.
The most conservative estimates place
the expense oi* the trial at $300,000.
Of this amount ?200,CuO will fall upon
the Thaw family.
The trial has also cost the people
a large amount, and it is believed
that the estimates of $300,000 will be
exceeded.
MANCHURIA IS EVACUATED.
Both Jap and Russian Troops Withdraw
from Chinese Territory.
The Russian and Japanese troops
have now completely evacuated Manchuria,
according to the terms of the
treaty of Portsmouth, only retaining
a certain number of railway guards.
Manchurian towns, etc., which were
under Russian and J Japanese control,
have been returned to the Chiripco
niithnriHec
PATTERSON LOSES HIS CASE.
Colorado Ex-Senator Held in Contempt
by U. S. Supreme Court.
The supreme court of the United
States Monday dismissed the writ of
error in the case of former United
States Senator Patterson, of Colorado,
in which he was fine! $1;000 by the
Colorado supreme court on the charge
cf contempt. The action affirms the
decision of the Colorado courts.
^
FIVE DIE IN THIS WRECK.
Fast Train on Great Northern Shattered
and Burned.
Running at a speed of forty miles
an hour, the Great Northern westbound
Oriental Limited, which left St.
Paul for the Pacific coast points Sunday
morning, was derailed at 1:15
o'clock Monday morning, at Bartlett,
X. D. Five persons were killed, and
a score or more injured, some of
them seriously.
After the wreck a gas tank exploded,
and the train took fire, seven passenger
coaches being destroyed. There
is said to be some evidence that the
rails had been tampered with.
AFTER ELEVEN YEARS' FREEDOM
Escaped Negro .Convict is Again Se
hind Prison Bars.
Burton Kelly, who eleven years ago
escaped from the Georgia penitentiary,
was captured near Americas
Friday morning by Sheriff Bell at the
point of his pistol, the negro showing
fight. Kelly was sentenced for
murder in Jasper county ano escaped
from the penitentiary in lkyo.
'
\
TEDDY IS BOOSTED"
!
*
At Bryan Banquet by Editor
-John Temple Graves.
STARTLING DENOUMENT I
Graves Asks Nebraskan to Nominate
Roosevelt for Third Term at
Next Democratic National
Convention
_ I ' "
Unusual features were developed at
the banquet of the Bryan Club in Chattanooga,
Tenn., Wednesday night in
honor of William Jennings Bryan,
t
when John Temple Graves, of Atlanta,
made a speech, in which he declared
that Mr. Bryan should nominate Theodore
Roosevelt for the presidency.
It looked for a time as if Graves
would not be permitted to burn his
theatrical Roosevelt red fire, as those
in charge of the banquet thougat
it out of place, but Mr. Bryan himself
settled the matter by saying:
"Oh, let Graves speak."
John Tomlinson, of Birmingham, one
of the speakers, and toastmaster, met
Graves on his arrival from Atlanta
at noon, and requested omission of
the reference, arguing its impropriety
in view of Mr. Bryan's presence at
the banquet. Graves declined to alter
1 * * ?* ? 1. At n Artfl _
ills views or suujecc uis s^ccv.u iu vct-.sorship.
1-Ie attended the banquet as
an invited guest, remaining but a
short while, when he lefi the banquet
hall for an Atlanta train.
At 11 o'clock, however, Graves wa3
induced to return to the hall, and
delivered his address, in which ne
urged Mr. Bryan at the next Democratic
national convention to nonu
nate Theodore Roosevelt for the presidency.
Mr. Graves declared that he yielded
to no- one in his profound and affee
tianate regard for Mr. Bryan and for
the Democratic party, but that he was
profoundly convinced that in this period
of tremendous economic crisis
the only man who can carry to successful
conclusion the reforms instituted
in behatf of the people was the
man who is already entrenched in
the power and prestige of. dauntless
courage, and is a conspicuous success
in the executive office.
Senator J. B. Frazier of Tennessee
responded to this address, declaring
that the Democrats could not
afford to take* such action.
Mr. Bryan spoke at considerable extent,
arraigning the Republican party,
though he declared that Roosevelt
had adopted many Democratic
Drincinles.
In beginning his address, the Nebraskan
paid his respects to Mr.
Graves, and what he haa said. Ko
J said that when he had heard that
i Mr. Graves had retired from the hail,
because there might be doubts about
the wisdom of what he had to say,
he had sent for the Georgian to re
turn, and insisted that the speech
should be delivered. Turning directly
to the subject of Mr. Graves' recommendation,
Mr. Bryan said:
"As'at present advised, I shall not
present the name of Theodore Roosevelt
to the national Democratic convention.
Bear in mind, I say 'as at
present aav'sea/ "
Mr. Bryan continued that if after
mature consideration and reflection
and the presentation of the arguments
in the case he- should be convinced
that his duty lay in that direction,
he would present Mr. Roosevelt's'
name if it should prove the last act
of his life.
He then went on to say that if any
Republican was to be selected by the
Democrats to head their national ticket
the man should be Senator LaFillette
of Wisconsin. Mr. Bryan thea
proceeded with his speech presenting
reasons why, in his opinion, Mr.
Roosevelt was not the proper man
for the presidency. ' ,
After expressing a profound appro
ciation of the honors shown him by
the club, Mr. Bryan said that it was
the only club in the United States
organized for the purpose of celebrating
his birthday and he felt a particular
pleasure and honor in the distinction
of being its guest.
He took up the growth of Democratic
principles, and traced it-i
i spread throughout the world and
| gave illustrations of its recent devei
?pments in Europe and Asia. He concluded
by detailing the growth of Democratic
ideas in the United States.
PHINIZY STILL IN A POUT.
t
Declares Report of Expert Jackson to
Be a Whitewash.
Ia an editorial in the Augusta, Ga.,
Herald Wednesday Bowdre Phiuizy de
Clares the report of Expert Jackson
in regard to the conditions of the
Georgia railroad to be a whitewash
and criticises both the railroad com
mission and the expert.
*
TILLMAN BIFFS NORTHEN 1p
South Carolina Senator Replies In Jag
Caloric Fashion to Criticism of
Georgia Ex-Governor.
Senator B. R. Tillman, of South {Jjl
Carolina, spoke at the Sandersville,
Ga., auditorium under the auspices ?||
of the Lyceum Association, and la ^-|j?
the course of his speech replied to
the charges made by ex-Governor '
Northen and defended himself, exi
plaining the connection in which the ^Jtj|
utterances were used.
Senator Tillman said he would JtSB
meet Governor Xorthen in debate at
any time he might designate and ?j|l
would let a Georgia jury try the is- ;-||a
sues between them. He said: >
"You have had in the past a man ||jS
whom you honored with the office ---jM
of governor, who of late has sought '^Sj
some notoriety, and pushed himself ;
to the front in the matter which looks .^9
to the adjustment of this momentous
question, as to what shall be done
and how it shall be done to safeguard
Anglo-Saxon civilization, and
this man going up and down Georgia,
a self-appointed apostle or some- ,-^lfgK
thing, I don't know what and I don't ^
care, I don't meddle with Georgia's
affairs. I am glad, of, the chance to :':4Wk
allow some Georgians hear and see ..Js *
me for myself, and nothing would
delight my soul more than to meetJ^^R
this doubty warrior on some dung
hill in Georgia and see whether he
was the game chicken or whether I
was." Senator Tillman here read an |BH
extract from the Atlanta Constitution,
and continued: ^ :M
"Now the purpose in reading this-^fSi
extract is, to bring to your attention'
the character of the charges that this
man is making in public against i*
and as I never did take kindly t?
abuse or slander, I hope you will par-^^atojj
don just a few comments on this extraordinary
and remarkable prqdue-/!|j j|
tion from an ex-governor of Georgia, Si
about a senator, not ex-senator,
South Carolina. 1 do not care to indulge
in personalities, I simply caU
attention to a charge he makes there
"that with the oath 4? office fredt;|^8?
on my lips, 1 said so and so." Whafe|?||
I did say, what I have said, what\^.rll
I may say now, and repeat, what 3j
I have said in the senate and I am 'v'ja
not ashamed of and stand by, was yjS'-J
this: "That with the oath of office
fresh on my lips to enforce the law,^J?fyi
I would lead a mob to lynch any man, i "Jl
black or white, who ravished a wo?V#?Bi|
man, black or white."
He leaves out everything exceptv39pj
what he wanted. Now that has been/^f^
termed by Shakespeare "a lie by indirection,
or a lie by om,\3ion.' ue ||3?i
goes further to say that in a pubUc
utterance of mine, which had the'ted^/r|||
dency to break down respect for the':|?|l
law and to paralyze the sheriffs of
Georgia, that 1 said, "To hell with.
the law/' What did I say and where?''|||
It was at Chicago. The papers gave/^|||
wide circulation to the effort of tod"'-/ /||
negroes there to silence me and to *H3H
prevent my speaking. The speech 'I^|h-||I
made was in the presence of a pach^jj }M
ed audience of 3,500 people, with loto f
of people . outside trying to get in^ijffflBi
and not able to do so, they were
as wild as any men in the south ever^/M.^
can be on the subject of white
premacy, but what I did say in com- ||lj
menting on this thing was this: I aP'sB*
luded to the handcuns that had been -^B
placed upon us by the 15th amend/
ment. and went on to illustrate and
tell just how we had overthrown and ^
paralyzed or nullified both the 14th
and 15th amendment, and when 1 was
discussing that phase of the subject ?
some fellow in the audience, taking
exception to my method of treating it,
exclaimed, or asked me, "What aoout
the law?" My reply was just like a
pistol shot, "To heil with such a-law!"
i meant "to hell with the 15th amendment,"
because i; nad attempted to '>J|P
put the white man's neck under the ?
negro's heel and hold it there, and if
there is anybody in Georgia oy anywhere
else who objects to my say- *! J
ing that, "To hell with that law,-'
don't care what he tninks; he can y
have his own views, and 1 can have
TEXAS SOLONS REASSEMBLE. JM
j State Legislature Must Grind for -IS?
Thirty Days Longer.
With rather decided friction evi- |Sh
dent between Governor Campbell and the
members of the Te^as legislature,
that hotly adjourned sine die at Aus* "^8
tin Friday, af.-ar a four-months' seasion,
and were reconvened in extra"v-asM
session witnin ten minutes by Governor
Campbell.
Governor Campbell demands legie- /IS
lation upon the taxation of corporate
interests along lines tnat he wiii sug- 'JS
! gest in a special message.
PRESIDENT NAMES HUNDLEY --J|
J.As U. S. District Judge in Alabama,
Despite Bitter Opposition.
President Roosevelt has appointed
Oscar P. Hundley, of Huntsville, to be
! 'a United States district judge for the %/v*|
northern district of Alabama. The
president's action ends a long contest
for this office. There was said to be
considerable opposition to Hundley ;/%g|
from members of his own party. v^Sj