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Lorsque le document est trop grand pour etre reproduit en un seul clichd, il est film6 d partir de Tangle sup^rieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images n6cessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 4 5 6 MICROCOPY RESOIUTION TEST CHART (ANSI and ISO TEST CHART No. 2) ^ ^iPPUEDjVtjGElnc SSr^ 1653 fosl Mam Slresl ~^ ''ochesler. New Yc, 146nq mca ^^ (?'6) 482-0300 -Phone "^"^ S= (716) 288- 5989 -Fox /vx^, / ,-^"" /:<^/i*V/^^ St. Johns, 1st November, 1849. I THINK it right to publish the following statement, as a Key to a Pamphlet which has lately appeared, published by :\rr. Yane, and to state here, that I never saw that Pamphlet, until the afternoon of Saturday, the 27th October, when a copy was sent to me at St. Johns; and further, that I never saw the three long letters, written by Mr. Abraham, (being No. 13, page 12, No. 17, page 19, and No. 21, page 25,) until I read them in the pub- lication alluded to. I have also to remark, that the order in which the letters are given in that Pamphlet, renders it impossible for any unprejudiced person to form a fair judgment of the circumstances out of which the correspondence arose. / P. L. MACDOUGALL, Major R. C. R. / St. Johns, Octoher 2m ^ 1849 ,, "Montreal, Octoher 16th, 1849. "over, also, vou aro n V r I t ~Y V f ter, as I consider it the only counsel which a gentleman of sound intellect could give. I may be accused of judging too hastily from the statement of Mr. Baxter, and the second-hand testimony of Lieut. Bolton. If I did so I was home out by Mr. Ilayden's written statements, given subsequently, which indeed, to save argument I was willing to adopt as the facts of the case. In the course of the evening of same day I received the slightly bombastic letter. No. 5., page 4 of pamphlet, which is subse- quently called by Mr. Abraham, "a calm reasoning letter." Regarding its contents I will only remark, that I think most gentlemen of delicacy of mind would have felt an instinctive repugnance, to mention Her Majesty the Queen, or indeed any other lady, in connection with such a subject. The name of " Ilobt. Abraham," was written in pencil on the back of that letter, from which I inferred that he placed himself in the position of " friend " to Mr. Vane. It was quite clear that I could have nothing to do with Mr. Vane after my advice to Mr. Baxter ; I accordingly wrote to my friend Mr.'MacDougall the annexed letter, marked C. (No. 9., page / of Pamphlet.) It is hero necessary to make a few remarks on that letter. 1. In saying that the transaction occurred in the public room of an hotel, I meant what I said, and not the Bar of a tavern, as is insinuated at page 13, paragraph 1 of Pamphlet. I meant the common sitting room of an hotel, but it seems it is a private room, which is still more satisfactory to me. 2. It is stated in the last paragraph !)ut one of same letter, that Mr. Vane's conduct had been so bad that it would be reported to the Post Master General, through the Commander in Chief, unless he made an apology to Mr. Baxter. The above men '^ Jgnifies that Mr. Baxter did not consider Mr. Vane entitled to the usual consideration of a gentleman, and as his conduct deserved punishment unless he testified a proper sorrow for it, by making an apology, his behaviour would be represented to the Head of his Department. Such a course, instead of being an act of revenge oa Mr. Baxter's part, would have been only the fulfilment of a duty towards society. 3. I need hardly explain that I wrote that letter with the view of making the matter entirely personal between Mr. Abraham and myself, and of giving him the opportunity either to agree 6 with mo in my estimate of Mr. Vane's conduct, or, if he still supported him in that conduct, to demand satisfaction from me for refusing to allow the usual consideration of a gcntlenian, to the person for whom he was acting iu the capacity of " friend." 4. The last paragraph in the same letter clearly states that it had heen written " entirely for Mr. Aljrahaiu's consideration," and "without reference to Mr. Vane," that it had not heen written with the view of its hciiig read hy Mr. Vane, "hut solely to enahle Mr. Ahraham to judge of the propriety of counte- nancing such conduct as Mr. Vane has heen guilty of hy his support." It will hardly he helievcd that Mr. Ahraham should, in the face of that paragraph, have not only shewn that letter to Mr. Vane, but should have pointed out to him, in the most offen- sive light, every expression conccrniug his behaviour. (See letter 17, page 19 of Pamphlet). I certainly did say that Mr. Abraham might make what use he pleased of my letter ; I did not choose to say " I beg you will not show this to Mr. Vane," because no honorable man would give either verbally or in writing an opinion of another, and request that his opinion might not be made known to the person alluded to. When I requested Mr. MacDougall to wait on Mr. Abraham, and to leave with him my letter, the directions I gave him were, that if Mr. Abraham should support his " friend " and feel aggrieved at my refusing to accord to him the consideration due to a gentleman, Mr. MacDougall was to arrange a meeting with Mr. Abraham at once, without any further reference to me. I annex Mr. MacDougall's statement of the instructions 1 gave him (marked D.) and no one who knows my friend will believe that those instructions were not fully carried out. But Mr. Abraham has stated (page 20, paragraph 3,) that I put it out of his power to stand in his principal's place, (on the ground, I presume, that Mr. Vane's conduct to M>\ Baxter was to be reported to the Head of his Department.) If Mr. Abraham had demanded satisfaction from me, as I expected he would have done, for refusing to recognize "his friend" as entitled to a gentleman's consideration ; and if I had answered him that the reference of Mr. Vane's conduct to the Post Master General through the Commander-in-Chief took it out of my hands and his, and that I therefore declined to give him a meet- / ing, he would tlicn have hail good cause to say, that I had put it out of his power, to substitute himself for his principal. But Mr. Abraham owes allegiance neither to the Post Onice nor the Horse Guards; his conduct was not referred to cither of them. Why should I have been at the trouble of writing a letter for " Mr. Abraham's consideration " at all ; and what could have been the object of that letter, if not to put it in Mr. Abraham's power to substitute himself for his principal? To cut the matter short, Mr. Abraham declined personal recourse on me for reasons, of which, as they satisfied him, it is not my part to complain. It would appear from the Pamphlet, that after the receipt of my letter, Mr. Abraham did not feel quite satisfied with his case, and in order to strengthen it, he endeavoured to draw from Mr. Hayden a second statement differing from his first, by what lawyers term five " leading questions." (See letter 10, page 9.) And of this proceeding, though not likely to be universally approved, I have also no reason to complain, as it only resulted in shewing that "a mild unopprobrious tone" was preserved by Mr. Vane until Mr. Baxter qualified his opinion by limiting it to a certain clearly defined class, (see letter 11, page 10,) besides the virtual admission in the last paragraph, that Mr. Baxter's manner was not calculated to give offence. And now I will throw a little light on the mass of Mr. Abra- ham's writings, which are well calculated to mystify without a " Key." My letter was placed in Mr. JAbraham's hands at about 12 o'clock on Tuesday, 16th ; on Wednesday, 17th, Mr. Abraham wrote two notes, only one of which, ^owever, has been published, (viz. : letter 12, page 11 of Pamphlet.) The other, which does not appear in the Pamphlet, is annexed, and marked E. It was written on Wednesday, 17th, at half-past 3, P. M., stating that, "as the matter, so far as personal recourse," was positively ended, we must wait until next day for an answer, which he was preparing, to my letter of Tuesday morning. This note of Mr. Abraham's was written immediately after na interview with Mr. MacDougall, and Mr. Abraham appears to have forgotten, not Onlv ivhaf ionlr nlppo in fhot !n<^Or"H»"'' \\ni n\an th-^i ^•'^ UnA \^a,fj ...i>*i/ ..r;>^«& |ri«v-,' Hm. iiit«ir iiitvJt T iv- TT J iJuv al2\J Lliat uc uau written the letter at ^M. 8 iZ'T' " «\"""- J-' half an Uo.rl!:' ilT^Z^^' In . I ,ave recorded my regret that I should have advLed M " Baxter to send my note to Mr. Vane, as « tending „'„!"; ^aggravate the violence of Mr. Vane's feelings," and ofedt wrthdraw that note. In malcing this concession [ wasactaaied by two motives: first, I felt I had committed s. mZk'lTl considered ,t unmanly not to acknowledge it • secoirflv I iL l,f ■t possible, that the receipt of my first L h;,;t;;„V''™fh have prevented him from taking a course, which wo iS ^0" Mr. Bailer he necessity of reporting him to the Postraaste Pe neral and of thereby depriving him, probably, of his sHua&n It IS distmetly slated that this concession was mde hTr' he assumption that M. Abraham had waivid p"r „, Lour^: nL™i. ""^^ 27, paragraph 2, Mr. A. denies havtog waived made bv mf> nn ♦?„* • ! i ^^-'*^"°^ "'«* the concession was raaoe by me on that mistaken assumption. he may have the benefit of it, in the event nf hi« i. • ^'^'^^'^ "'^* ^e^^atoactinthcc.^^^^^ Immediately on the first sentence being read by him (vh Mr MacDouga 1 stating that he had never waived sucrrecouse (the error would soon have been remedied)- buf7™„ if 1 f ,' feptihatletter,hesho«ldratherhavecutoffhs^,Vhthrd i 1 "'' represented it to Mr. Vane as an apolo^ ^^ t' " ItcT .etLV oSnlTTclSn'r'"-"? "'• «-"^* W^e.ayn4u:d£rrhXTi^^ brm7nc:ontesdTevt:^;ra^r ttrr^^^^^^^^ / t. \ 9 ^ h [ 1 unsuccessfully. On the last occasion it was left at Mr. Abraham's olBce. After having accomplished this Mr. ]\[acDougall received from Mr. Abraham the two envelopes, Nos. 1 and 2 (see pages 11 and 12 o*" Pamphlet. The first of these Mr. MacDougall read; but the second, being a" long reply to my letter of Tuesday morning, which Mr. Abraham had been preparing and finally matured on the afternoon of Thursday; was returned to him unopened, enclosed in a letter dated Thursday 18th, 5J P. M. from Jilr. MacDougall, in which his reasons for that course are stated. (See letter IG page 19 of Pamphlet). And as Mr. Abraham has indulged in a sneer at Mr. Mac- Dongall's expense concerning those reasons, (page 28 last para- graph, of Pamphlet,) it is as well to state here that Mr. A. and my friend were judging admittedly from the same facts (viz : those set forth in Mr. Hayden's statement and Mr. Vane's subse- quent behaviour,) and he ' s perfectly aware that Mr. Abraham's long letter would be, whai, it has proved, an elaborate exposition of Mr. Abraham's opinions, and his commentaries on those facts. In that letter (Envelope 2 page 12 of Pamphlet) it appears incidentally that Mr. Abraham has been on intimate terms with descendants of the Ducal House of Raby ; but beyond this it is merely the expression of his own opinions, upon facts which I acknowledge, but of which— I am happy to say I take rather a diiTerent view. Mr. Abraham says (page 14, paragraph 1.) "When Mr. Vane " rose in the moring and found Mr. Baxter at breakfast without " any sign of inclination to remember what had been said, he " conceived it to be his duty to put down his words in writing ; " this may have been an error, but it was the error of a gentle- " man " ! — This opinion of Mr. Abraham's reconciles me perfectly to any he may form or express at any time regarding myself or any friend of mine. Meanwhile Mr. Abraham had opened Mr. MacDougall's letter containing my concession, and having " only looked at it and barely read it," returned it in one from himself, in which his reasons are stated (letter 14 page 17), but without noticing the (according to him) false assumption with which it commences, and which must have been the first thing to catch his eye in. a barely reading" it. B 10 On the receipt of the last named letter from Mr. A))raham, dated 5 P. M., 18th, being desirious to leave no effort untried, to spare the necessity of reporting Mr. Vane to his superiors, Mr. MacDougall wrote, by my desire, a letter dated 6, P. M., same day, tendering again his former letter containing my concession, (see letter 18, page 22,) as Mr. Abraham had signified his readi- ness to receive it, if again offered. To this Mr. Abraham had replied in a letter, dated Friday, Oct. 19, (letter 19, page 23,) in which he tenders a second time his long reply to me, which we had declined reading, and sug- gests, that it was not very respectful to JFr. Vane, or to himself, to refuse to read their " vindication from what is now clearly acknowledged to be an injustice." This sentence is puzzling, for if I had clearly acknowledged the injustice of my course towards Mr. Vane and Mr. Abraham, why should a long vindication from that injustice be forced upon me ? Where an injustice is ack-iowledged, no vindication is neces- sary. In reply, Mr. MacDougall wrote, by my desire, a letter, dated Friday, 19th October, 5^ p.m., terminating the correspondence and returning Mr. Abraham's " vindication " a second time un- opened. And now I would beg any one who may be fortunate enough to possess a copy of the Pamphlet to turn to page 27, and peruse the 3rd, 4th, and 5th paragraphs, and with respect to the 3rd, to notice how Mr. Abraham takes advantage of Mr. MacDougall's verbal allusion only, at which such exception is taken, to bring in a pretty full statement of what he (Mr. A.) had said, (from which it would appear that Mr. Abraham was desirious to engage Mr. MacDougall in the capacity of his friend as well as mine.by asking Mr. MacDougall's advice, or opinion, or rather inferring that he would be guided by that gentleman's opinion) although Mr. Abraham's memory as to what took place at that interview, and immediately subsequent to it, has been proved not to have been very distinct. The 4th paragraph is simply amusing, as implying that I should have called Mr. Abraham to account in the first instance, for being the teacr to me of what he terms (page 21 par. 1.) "a calm reasoning lettei" from Mr. Vane. 11 The lasv juragrapli is so good tliat it is a pity not to give it here: " But tliat tlierc might he no mistake I stated in my letter tliat " I had consulted a ' friend.' Of tlie meaning of tliis I think no " one can he ignorant. I meant that if tliere was a douht in tlic " mind of Major MaeDouguil, I hoped tliat he would give me the " henclit of it, and that if he wished, I would send him a gcntle- " man whom he could not possihly ignore as such, who would " take the responsibility of whatever it was possible and desirable " to do." From this it appears, that Mr. Abraham, like Lord Burleigh, though he said little, meant a great deal. At page 28, paragraph 4, will be found an exposition of Mr. Abraham's moderate views, as to what he would expect to be conceded. From this it appears, that if poor Mr. Baxter would only apologize to Mr. Vane (for having been called by four ugly names I suppose,) the matter would have been as easily arranged as " when Major MacDougall unhappily meddled with it." I am inclined to think, that the head and front of my offending, so far as Mr. Abraham is concerned, was my declining to read a letter Avhich he had been at so much pains to draw up. At page 28, par. 5, Mr. Abraham says that Mr. Vane had no deliberate intention to quarrel with Mr. Baxter, &c. I should have thought that the sleeping on the matter, and afterwards writing such a note to Mr. Baxter were sufficient evidence of deli- beration. I may be mistaken. Contrast also Mr. Abraham's first reason for not writing to Captain Claremout, (page 21,) with what he says of my sending my opinion to Mr. Vane, (page 2G, par. 1) ; there would appear to be a contradiction here. I may be mistaken. In conclusion. Captain Claremout did not call on Mr. Vane to read a note of an a})ohgetic character, as stated in the last para- graph of the Pamphlet. I was really unaware from Mr. Abraham's numerous letters whether Mr. Vane had ever seen my admission of regret at hav- ing told Mr. Baxter to enclose my note to him, and I was desi- rous to leave no effort untried to repair an error, which, as 1 have already stated, I thought might have prevented Mr. Vane from taking a course, which would have saved Mr. Baxter the neces- sity of reporting him to the Head of his Department. M I 12 Captain Claremont went to ]Mr. Vane at my request, to read to him my expression of that regret, and the Report was drawn up, ready to forward, at the time when Captain Claremont went to him. I might have endeavoured to justify my sending that note to Mr. Vane in many ways ; for instance, the fact of Mr. Vane havmg get up in the morning-after having used such language to Mr. Baxter the night before, and still more grossly insulting that gentleman, on finding him, as he said, apparently with no inten- tion to resent that language; might lead any one to suppose— that Mr. Vane thought he might with safety go still farther, or, in othor words, bully Air. Baxter. Il^l But I scorn such imputations, I regard an inuendo on another, which the writer knows to have no foundation in fact, as the most cowardhj and contemptible act of which a man can be guilt,,; and I at once declare that from all I have since heard, I am convinced Mr. Vane is not the ruffian I had at first supposed from his con- duct, and that his personal courage is above all suspicion. To- wards him I have not the smallest feeling of animosity though he has said some ugly things of me in the preface to his Pamphlet ; I can afford to disregard them. Respecting his friend, Mr. Abraham, I hazard the opinio:., though with extreme hesitation, that he has, on this one occasion written too much and remembered too little ; and I am inclined to think that those who may take the trouble to read this state- ment, in connection with Mr. Vane s Pamphlet, will ajriee witl. me. "Oh! that mine enemy would write a Book! (or Pain]^iilot ?) was not such a bad saying ! P. L. MACDOUGALL, Major B. C. Rifles. Since writing the above I have seen Mr. Abraham's reply to a etter from Mr. MacDougall, both of which appeared in the Mon- oml /o7 "II' *"''' consecutive days, viz. : The Herald of the 30th and 31st October. Respecting Mr. Abraham's reply, 1 must remark, that if the Pamphlet had b.en submitted to us before publication, as is usual in such cases, we should have insisted * t 13 on the insertion of the missing letter, and on the others being placed in their proper order. Mr. MacDougail could not suppose that Mr. Abraham had kept copies of 7ione of his letters ; he requested copies of two of them, which Mr. MacDoucrall gave, concluding naturally, that Mr. Abra- liam had the rest. The inexpressible coolness of the whole affair is very amusing— Mr. Abraham having been resolved to have all the writing to himself, and that Mr. MacDougail should have all the copying for him. P. L. MACDOUGALL. St. Johns, November 1, 1849. (Copy, A.) Montreal, Thursday Morning, Oct. 18, iS49. Dear Sir,— As you have requested that I should state to you my impression of the conversation which occurred between Mr. Hayden and myself, in presence of, and concerning Mr. Baxter on Monday the 15th instant, I shall detail, as correctly as my memory serves me, the statement made by Mr. liayden. On coming to the breakfast table at Orr's Hotel, on Monday morning, Mr. Baxter requested to speak with me, and handed me a letter to read, which he had just received from a Mr. Vane, in which the terms liar, blachjuard, slanderer, and coward, were apiilicd to Mr. Baxter. Mr. Baxter informed me, that on the l)rcvious evening, Mr. Vane had called him a Liar and a Black- guard, after a conversation which passed, during which Mr. Hay- den was present, air. Baxter further informed me, that it had been his intention to have requested me to wait on Mr. Vane to demand an ample apology for the insults of the night before, pre- vious to his receipt of Mr. Vane's extraordinary note ; but after the receipt of that note, he determined to take further advice from his brother officer, iMajor MacDougail. Before applying to that gentleman, however, I thought it necessary to call on Ur. Hayden, to obtain from him an account of the circumstances out of which such gross insults arose. Mr. Hayden informed me, that, on Sunday evening, soon after I had left the room, (for I had dined in company with the three persons In question,) they were sitting quietly and good humour- -^■\ 14 ediy together, when the coiivcrsatlon turned on female virtue, and that Mr. Baxter casually remarked, that the English servants or nursery maids, were as immoral as tliose of any other nation, France excepted ; supporting his opinion by saying that the same women who walked out in the morning in charge of their mis- tress's children would, at night, be many of them in the barrack rooms of officers ; and that among country servants, one out of three were on the average immoral in their conduct, (or words to that effect) ; Mr. Hayden further stated, that Mr. Vane then said to Mr. Baxter, " Sir, you are a h'ar,'^ and standing up from the table, proceeded towards the door, and turning round said further to Mr. Baxter. " I do not know to what country you belong, but this I will tell you that you are a d d blackguard." I particularly asked Mr. Hayden, if Mr. Baxter had been addressing his conversation to Mr. Vane ; and he emphatically declared that he was not, as the conversation was general. Hav- ing after this called on Major MacDougall, and taken the advice which he gave after hearing the above circumstances, 1 deemed it advisable again to wait on I\Ir. Hayden, and accordingly saw him at the Post Office, when, in order that there might be no mis, as to my understanding Mr. Hayden's account, I repeated to him the conversation of the morning, as written above ; after hearing which Mr. Hayden said " You are perfectly correct." I asked Mr. Hayden if he had seen Mr. Vane's letter to I^Ir. Baxter ; he replied " Ohl yes, he came into my room with it this morning, and on his read^-g it asked my opinion of it, I replied, " you surely are not going to send that." " I am though," said Mr. Vane. Mr. Hayden further said that he advised Mr. Vane not to send the letl'^« however we mayTssi'tflfMrk 'fT""! '° "» «°.- f-, prove of its e.res: oj d '^.''cTS .t"""' '"' '"'^ disgraceful lan^uaire mL.„ r i . ^° ''"■^ S^'^ and prinflicti„garch„kefh„t';iItThicl,™'s™;iye'';;";^'t-'^ ■3 not resorted to commonly by «„(/«„„, Tll'7 V been satisfied, in Mr. Vano^^ K ^itl/iStTaVre 'f" in vindication of the honour of a cerf,i,„l„. ri- "" '"""^ and would have awaited t me sT! " :1 1:.™""''-^™'''™- from the person he had so grossly in,u led J , f "™ '""^"''^ of gentlemanlike feeling," ^^H^^f^Tl^: ^^''1' make an ample apology for such conduct R, Ml ?."'«° '" person thought lie had not d „ s,* i't ' '"^ ""™'™"' allowed htasrv^ntw-r,™™""" " ""S"' »''™!1 '""-e hesttate ,„ deciding that Mr. Vane was either a ruZ'orl mat 1 '■ man ; and, in giving' tlu; advice whicji J did to Mv. IJaxtor I con- sider I M-as putting tlio most charitable cnstri.ction on I'.is con- duct. In duelling, military men always fight at a disadvantage. The laws against it are now so stringent that an olViccr always risks the loss of his Commission ; but, though I look on the practice of duellmg vyith the greatest contempt, still I should be sufliciently wcakminded to act as has been the custom under insult. When therefore, there could be no doubt as to the description of person offenng .nsult, the above considerations would be disregarded: hut that Mr. Baxter, a good soldier, who has won his present position entirely by his own merit, with a wife and family depen- dent on his life for subsistence, should be forced into a duel by such a man as Mr. Vane, to gratify, probably, a craving after notoriety,—! would not countenance. Under these circumstances, it would be inconsistent in me to call Mr. Vane to any account for the comparatively moderate tone ot his communication to me. His conduct has been so bad tha unless an apology is made by him to Mr. Baxter before twelve clock to-morrow, which that officer will accept, an ac- count of It will be forwarded to the Post Master General, through the Commander-in-Chief. ' ^ I have penned the above remarks entirely for Mr. Abraham's consideration, though of course he can make any use he may think proper of this letter. I have not written it with reference to Mr. Vane. I have not the smallest wish to aggravate the violence of US leelings. I have not written it with the view of its being read by him, but solely to enable Mr. Abraham to judge of the pro- priety of countenancing such conduct as Mr. Vane has been guilty of, by his support ; of Mr. Vane, be It said, I have no know- ledge whatever, except through his spoken and written language. Believe me sincerely yours, (Signed,) P. L. MACDOUGALL, Mafm- E. C. Rtffes. D. L. Macdougall, Esq. ^ &c. «&c. &c. Montreal. MyUEAlt MMDovr.xu -Von •. . " '- think p.opi. iosulsZ^^:^ :;:^^l^ '"t '-^' «'-'^' '^ase, you begged of ,„e -u oii V ""^'I'al j and in (hat 'urlhcrrerer:.t=etoyou. ™"^'' ^' '"eeling, without ou^:t ;:S' "^''" ^-^^ ^'-^ >■- -tactions .^^^ Believe jne most siiicercly yours, J^I^'jor MacDougall, luall. ■/?. a B,;//es, Sf. Johns. (Copy, J;!.) Orr's IIotkl, 3-^, p. n., Mv nr.r, c r ff'-'^/^cs^, Qctohr 17, 1840. men concerned, both to vo .r n. . ^' '^"^ ^^ ^^^« gentle- character for go'odtn .ife ;;:ir ' r' "'"' ^"^^ '^ -r should prevail, and t!,at I shou 1 o^' n ,'?^''" "'"^ '^'^^^^^-^imi and carefully ^ocorrec^t'lS^^ ^'ill see has a material bearing' on ' I ' ""'^' '" ''^^'"^^^ .v«» jected to official scrutiny ' ' ''"''"'^^ "'^"^ ^o be sub- Dear Sir, — .^^ Your's faithfully, ^- L. .^lacDougall, Esq., ^^'^*' &c. &c. &o. rrj n Ud UL^i 5 /("^i; ^/3 /^yf <• 7 x