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 masses of the people to become the tenants of such land-owners. It has been the policy of the Government heretofore to distribute the public land among the people in such quantities as would enable all desiring to engage in agriculture to do so as land-owners, and not as renters. As the country grows rich the tendency is to aggregate the lands in the hands of a less number of people; this is an evil with which the General Government is not called to deal after it has parted with the title to its land, but as the owner of the public land, held for the people of the United States, it becomes the duty of the Government to see that the laws intended to secure a fair distribution of these lands are strictly enforced.

RAILROAD LAND GRANTS.

In my last report I called attention to the necessity for some legislation in reference to lapsed grants. The necessity for such legislation still exists, and I repeat what I said on that subject:

Congress has from time to time, commencing in 1850, made grants to the several States or to corporations to aid in the construction of railroads. In some instances the roads have been constructed and in others partially completed; but in some cases no attempt has been made to build the roads and thus secure a title to the land. The lands thus granted have been withheld from the operation of the settlement laws. The Supreme Court of the United States has declared, in the case of Schulenburg v. Harriman (21 Wallace, 44), that a failure to complete the road within the time fixed in the grant did not forfeit the grant. Lands thus withheld from the operation of the settlement laws must so remain until Congress shall declare such lands forfeited. If it is the intention of Congress to allow the railroad companies to complete their roads after the expiration of the term fixed in the grant, and thus claim the benefit of the grant, it should be so declared at an early day. Large tracts of land are not available for settlement because the settler cannot determine whether the title is in the Government or in the railroad company. If he purchase from the railroad company and it fails to complete its road and secure the title, he takes nothing by such purchase, and he cannot secure the land under the settlement laws, for the Department is not authorized to treat such lands as public lands. Besides this, the even sections within the limits of the grants are subject to cash entry at not less than $2.50 per acre. Thus the settler is sometimes compelled to pay a double price for the privilege of owning lands near a railroad which is never constructed.

It is difficult to make the people understand that the executive depart- ment of the Government cannot declare a grant forfeited when the corporation for whose benefit it was made has failed to comply with the conditions thereof. Petitions are presented to the Executive demanding the forfeiture of grants for non-compliance with the conditions thereof. Individual claimants declare themselves outraged because the Commis- sioner of the General Land Office refuses to allow filings on the odd sections of land within the unforfeited railroad grants. The Govern- ment is derided as the Government of the rich and opposed to the poor, because the executive department of the Government does not do what the courts have repeatedly declared could be done only by the legisla- tive branch of the Government, that is, declare a forfeiture of a grant. 6262 i in


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 THE LOCOMOTIVE SETTLED BACK ON A SLANT.

Ralph on the Engine.Frontispiece (Page 10.)

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 "AN AVALANCHE!" DECLARED FOGG. "DODGE—SOMETHING'S COMING!" Page 254.

Ralph on the Overland Express.

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 "HERE, QUIT THAT, YOU!" SHOUTED THE ASTONISHED BOY.

Boys of Columbia High on the River.—Page 21.


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 OR

BY

ILLUSTRATED

NEW YORK

PUBLISHERS


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 The Boys of Columbia High Series

BY GRAHAM B. FORBES

12mo. Cloth. Illustrated. Price, per volume, 40 cents, postpaid.

GROSSET & DUNLAP PUBLISHERSNEW YORK

GROSSET & DUNLAP

The Boys of Columbia High on the River


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Forensic Evaluation Report – José Padilla

16206 Bridgepark Drive Lithia, FL 33547 Ph: (212) 866-0608 Fx: (801) 846-0608 Email: patricia.zapf@gmail.com

Name: José Padilla Date of Birth: 10-18-1970 CaseNo(s): 04-60001-Cr Cooke Date of Evaluation: 10-10-06, 10-19-06

Date of Report: 12-11-2006

 REFERRAL INFORMATION  Mr. Anthony J. Natale, Supervisory Assistant Federal Public Defender in the Southern District of Florida (Miami), requested that his client, Mr. José Padilla, a 36-year-old Hispanic male, be evaluated with respect to competency to stand trial. Mr. Padilla is charged with one count of Conspiracy to Murder, Kidnap, and Maim Persons in a Foreign Country (this count was dismissed by the trial court in September, 2006 but is presently on appeal), one count of Conspiracy to Provide Material Support for Terrorists, and one count of Providing Material Support for Terrorists.

Mr. Padilla was evaluated with respect to his competency stand trial on October 19th, 2006 and interaction between he and his attorney, Mr. Natale, was observed on October 10th, 2006.

 NOTIFICATION  Prior to beginning the evaluation, Mr. Padilla was informed of the nature and purpose of the evaluation and the limited confidentiality of the information to be obtained. He was told that the results might be submitted to the court in the form of a written report and that, if this were to happen, copies of this report would be made available to the Federal prosecutor in addition to his attorneys. He was also informed that these results might be used in court proceedings, in the form of either the written report or testimony by the examiner. He was further informed that the information obtained might be used to help the court reach a decision regarding his competency to stand trial but that none of the information would be used as evidence against him concerning the charges themselves. Mr. Padilla indicated that he understood the information provided in the notification and agreed to participate in the evaluation but refused to sign a notification of rights form.

 SUMMARY OF ALLEGED OFFENSE  According to the indictment filed on November 17th, 2005, sometime between October 1993 (or thereabout) and November 1,2001 Mr. Padilla did: "knowingly and willfully combine, conspire, confederate, and agree with others...to commit at any place outside of the United States, acts that would constitute murder, that is, the unlawful killing of human beings with malice aforethought, kidnapping, and maiming if committed in the special maritime and territorial jurisdiction of the United States, and did commit one or more acts within the jurisdiction of the United States, to effect the purpose and object of the conspiracy" (Count 1; p. 5); "knowingly and willfully combine, conspire, confederate, and agree with others... to commit offenses against the United States, mat is, providing material support and resources, as defined in Title 18, United States Code, Section 2339A(b), and concealing and disguising the nature, location, source, and ownership of material support and resources, knowing and intending that they be used in preparation for and carrying out a violation of Title 18, United States Code, Section 956(aXl), that is, a conspiracy to murder, kidnap, and maim persons in a foreign country; and did commit one or more acts to effect the purpose and object of the conspiracy; all in violation of Title 18, United States Code, Sections 371 and 2339A(a)" (Count 2; pp. 17-18); and "provide material support and resources, as defined in Title 18, United States Code, Section 2339A(b), and did conceal and disguise the nature, location, source, and ownership of material support and resources, knowing and intending that they be used in preparation for, and in carrying out, a violation of Title 18, United States Code, Section 956(a)(l), that is, a conspiracy to murder, kidnap, and maim persons in a foreign country; all in violation of Title 18, United States Code, Sections 2339A(a) and 2" (Count 3; pp. 18-19).

Mr. Padilla was arrested on May 8,2002, at Chicago O'Hare International Airport, on a material witness warrant issued by the United States District Court for the Southern District of New York in connection with the grand jury investigation into the September 11,2001 terrorist attacks, and transported to New York. On June 9,2002 he was declared an "enemy combatant" by President Bush, was taken into custody by the Secretary of Defense, and was transferred to the Naval Consolidated Brig at the Naval Weapons Station in Charleston, South Carolina where he was held on mis status until November 20,2005 at which time the President determined mat it was in the best interests of the United States that Mr. Padilla be released from the custody of the Secretary of Defense and transferred to the control of the Attorney General for the purposes of criminal proceedings against him. It was at this time that Mr. Padilla was arrested and charged with Conspiracy to Murder, Kidnap, and Maim Persons in a Foreign Country, Conspiracy to Provide Material Support for Terrorists, and Providing Material Support for Terrorists. On January 5,2006 Mr. Padilla was transferred from the Naval Consolidated Brig Charleston to the Miami Federal Detention Center, where he has since remained in custody.

Thus, to summarize briefly, while Mr. Padilla has been detained for approximately 4 years 7 months at the time of writing (since May, 2002), he was only charged with the current criminal offenses about 1 year ago (November, 2005). In addition, the current position of the government is that Mr. Padilla can be detained as an enemy combatant at any time mat the President wishes, and may be taken into the custody of the Department of Defense and detained indefinitely.

 DATA SOURCES  Data sources that were reviewed for the purposes of this evaluation include the following: Special Administrative Measures restrictions document dated November 22,2005  Indictment, United States District Court Southern District of Florida, for Case No. 04-60001-Cr-Cooke, filed November 17, 2005  Motion to Dismiss for Outrageous Government Conduct for Case No. 04-60001-CR-Cooke/Brown filed on or about October 5,2006   Mental Health Evaluation notes, from the Naval Consolidated Brig Charleston, dated: June 10,2002; May 14, 2004; June 30,2004; July 22,2004; August 24,2004; October 21,2004; and November 19,2004   Department of Education GED Testing Service transcript dated July 7,1996  School District #428 Transcript dated June 20, 1988   Observations of contact between Mr. Padilla and Mr. Natale on October 10,2006 (1.5 hours)  Interview with Mr. Padilla on October 19,2006 (5.5 hours)
 Telephone interviews with Estela Lebron, Mr. Padilla's mother, on November 27,2006 (.5 hours) and December 7,2006 (1 hour)

Psychological tests administered for the purposes of this evaluation include:

Benton Visual Retention Test

Rey Auditory Verbal Learning Test

Stroop Neuropsychological Screening Test

Color Trails Test

Data sources that were requested but that, at the time of writing, had not been forthcoming:

Any and all psychological records from the Naval Consolidated Brig Charleston where Mr. Padilla was detained from June 9,2002 to January 5,2006

 Any and all medical records from the Naval Consolidated Brig Charleston where Mr. Padilla was detained from June 9,2002 to January 5,2006

Any and all psychological and medical records from the Miami Federal Detention Center where Mr. Padilla has been detained since January 5,2006

 BACKGROUND INFORMATION  Given that Mr. Padilla refused to speak about his background, the following information was obtained from his mother, Mrs. Estela Lebron, except where indicated. Mrs. Lebron was cooperative; however, she appeared to be a somewhat poor historian and made it clear that she was giving her best guess on dates, ages, and timeframes.

Mrs. Lebron reported that José fathered a son while he was living in Chicago and that his son is currently 15 years old. She indicated that Jose had contact with his son while he was living in the United States and reported that she continues to have contact with José's first son. Mrs. Lebron reported that Jose" married "a Jamaican girl named Sherri" at age 21 and that the marriage lasted 7 or 8 years. She indicated that Jose and his first wife had no children and that they are currently divorced. Mrs. Lebron also reported that Jose" married a second time in 1997 while he was living in Egypt and that he and his second wife have two children (both boys, approximately 6 and 7 years old) and are still married, although his second wife still lives in Egypt.

Mrs. Lebron reported that Jose" was a kind, well-behaved child who was seen by his siblings as "mom's favorite" as he was sensitive to his mother's feelings and often watched out for her and took care of her. She reported that Josh's father died when José was very young and that José has helped her to raise her other children. She reported that he was a good student who attended a magnate school while in Chicago and received good grades. She described him as a "very smart kid" who "speaks three languages." Mrs. Lebron reported that José "got into some trouble" at age 13 or 14 and was convicted of being an accomplice to murder and incarcerated at age 15. A transcript from the school he attended during his incarceration appears to indicate that Mr. Padilla was incarcerated from age 15 to age 18 and that he received mainly As and Bs. In addition, a transcript from the Department of Education indicates that he received his GED in Florida in 1996.

Mr. Padilla's employment history is unclear; however, Mrs. Lebron reported that José worked a series of jobs at fast food chains while living in Florida (Taco Bell, Burger King, and others she couldn't recall). She reported that he left the United States to teach English in Egypt.

Mrs. Lebron reported her belief that José has never had any substance use problems, serious injuries or illnesses, and that he has never suffered from any mental illness or received treatment for any psychological or psychiatric problems. She reported that she has tried to visit Jose at the Miami Federal Detention Center monthly and has seen him approximately 8 or 9 times; however, she indicated that she has recently decided not to visit him anymore as it is too difficult for her, emotionally, to "see José that way". When asked to elaborate, she described José as being "different" than he used to be and reported that he appears to be "depressed" and is very concerned about "being sent away to the hospital" (meaning psychiatric hospital). She reported that he is "very quiet" and that he "sounds scared" and noted that he "hardly talks now" and contrasts this to when he "used to be very outspoken" before being incarcerated. She reported that Jose "is always looking over his shoulder" (and appeared to mean that literally) and has told her that he is "scared that his lawyers are against him." She indicated that she has observed Jose" "making a face," referring to the facial ticks that Mr. Padilla evidences, and reported that Josg did not have facial ticks prior to being incarcerated. Mrs. Lebron reported her belief that José had "an anxiety attack" while he was incarcerated at the Naval Brig and indicated that Jose had told her he had been forcibly medicated. She was unable to elaborate as she did not have any further knowledge other than what she had apparently been told by José.

The only psychological records that were received from Mr. Padilla's time at the Naval Brig are extremely sparse and contain only brief notes regarding Mr. Padilla's care. The first clinical note was dated June 10,2002 (one day after being declared an enemy combatant; I assume this to be the initial intake evaluation) and indicates that Mr. Padilla was not experiencing any mental health concerns. The second clinical note was dated May 14,2004 (almost two years later) and, except for the date, is identical to the first clinical note. The last five clinical notes are dated at approximately 1-month intervals from June 30,2004 to November 19,2004 and are identical to each other except that Mr. Padilla's mood was described as "anxious" on June 30,2004 whereas his mood was described as "elevated" on all other clinical notes. The notes provide no elaboration and include the caveat that they represent a "cursory evaluation of current mental status only." There are no clinical notes beyond November 19,2004, even though Mr. Padilla was held at the facility for an additional 13 months. In my opinion, it appears unusual that someone held in solitary confinement for upwards of 3 years would not have undergone a more thorough and regular evaluation of mental state. In addition, the records give no indication that medication was administered to Mr. Padilla, although Mr. Padilla reports that he was administered some type of drug while incarcerated at the Brig. The lack of any mention of medication being administered in the clinical notes is also concerning.

 CLINICAL ASSESSMENT  Mr. José Padilla, a 36-year-old married Hispanic man, was interviewed briefly on October 10,2006 and extensively on October 19,2006; both times at the Miami Federal Detention Center Special Housing Unit (SHU). Mr. Padilla is of average height and has a slight build. He was dressed in appropriate jail uniform and was neatly groomed. He had short, spiky, dark hair, and a short, sparse mustache. Mr. Padilla's appearance was unremarkable and his appearance was consistent with his stated age of 36 years. Mr. Padilla was in handcuffs and leg irons throughout our interviews as per SHU procedure.

Although cooperative with the evaluation, Mr. Padilla was hesitant to answer many of the questions posed throughout the interviews. He indicated his wish that he not be asked anything that: (a) had been asked of him before, (b) had to do with his time at the Brig, (c) was not directly relevant to a narrow evaluation of his competency to stand trial (including his social history and background). These limitations made it difficult to complete this evaluation and various other sources of information were consulted in an attempt to create a more complete picture of Mr. Padilla and his current functioning. These sources are indicated throughout this report where appropriate.

Mr. Padilla appeared to have an adequately developed fund of information, as evidenced by his ability to answer elementary general knowledge questions. He was able to demonstrate appropriate abstract reasoning ability, was able to correctly answer social judgment questions, and was oriented to person, place, time, and situation.

Mr. Padilla's cognitive functioning appeared to be generally intact and he appeared to be of average intelligence. He demonstrated some impairment of immediate, recent, and remote memory skills and appeared to have difficulty with concentration and attention. In addition, he demonstrated instances of perseveration (the tendency to continue or repeat a thought or a response) throughout the interview and testing.

Mr. Padilla presented with flat affect throughout the interview and was evasive, guarded, and defensive. He did not demonstrate any emotion throughout the interview, except perhaps for frustration when he perceived me as asking questions that had already been asked of him and moments of dry, inappropriate laughter when discussing his current predicament. He denied any suicidal or homicidal ideation or intent. He denied any hallucinations, thought insertion or thought broadcasting and did not appear to be responding to internal stimuli. Although difficult to evaluate given the unusual circumstances surrounding this case and the fact that Mr. Padilla was held in isolation and subjected to extended aggressive interrogation by the government, he does not appear to hold any delusional beliefs. He does believe that he is being persecuted by the government and he does demonstrate some paranoia about the government but this does not appear to be delusional in nature; I take this to be factual given the information that I have received from Mr. Padilla's defense team.

Mr. Padilla's thought style and speech productivity appeared to be reduced at the time of the interview. He spoke in a tone that was devoid of any emotion and he often veered off-topic. It was difficult to ascertain whether Mr. Padilla's tangentiality was a deliberate attempt to avoid certain questions or was a result of poor concentration and attention; however, the results of some psychological testing (discussed below in this report) lead me to believe that his tangentiality was the result of poor concentration and attention rather than a deliberate attempt to avoid questions. Mr. Padilla maintained appropriate eye contact and exhibited a suppressed level of motor activity (although it is possible that this was due to the restrictions of the handcuffs and leg irons). At times, when discussing distressing topics, Mr. Padilla would maintain a rigid, hunkered-down, body posture and would rock back and forth. Throughout the interview, Mr. Padilla would look over this shoulder at the correctional officers sitting outside the room.

Mr. Padilla demonstrated poor insight into his psychological functioning and displayed a negative reaction to any perceived suggestion that he may be having psychological difficulties. I had the opportunity to observe interaction between Mr. Padilla and his attorney, Mr. Natale, on October 10, 2006 for an hour and a half. During this time, Mr. Natale and Mr. Padilla engaged in a discussion regarding whether Mr. Padilla would agree to be interviewed by me for the purposes of this evaluation. Mr. Padilla was very concerned about talking to a mental health professional and insisted that he was not "crazy." This same theme arose again when I interviewed Mr. Padilla on October 19,2006; he was very concerned that he might be seen as "crazy" and was worried that he might be sent to a hospital. In addition, when I spoke with his mother on November 27 and December 7,2006, she reiterated that Mr. Padilla was concerned about being considered "crazy" and fearful of going to a psychiatric hospital.

Mr. Padilla was defensive regarding any questions surrounding his mental health and denied experiencing any symptoms of depression or anxiety; however, given Mr. Padilla's presentation, it is my belief mat he may be attempting to minimizing and deny any psychological difficulties that he may be having. Mr. Padilla would display facial ticks (repetitive, involuntary spasmodic muscle movements) and appeared to become visibly distressed whenever asked about sensitive topics (his palms appeared to become sweaty as evidenced by his wiping mem repeatedly, his body would tense up, and he would rock back and form). Mr. Padilla refused to speak about his time at the Brig but it was clear that mis was a significant source of stress for him. Mr. Padilla meets criteria for Post Traumatic Stress Disorder (PTSD) and should be monitored with respect to his mental state given that he also appears to be experiencing some symptoms of depression. In addition, Mr. Padilla is experiencing a significant degree of paranoid ideation; however, this may be justified given the unusual nature of his case.

Psychological Testing Given my perception of Mr. Padilla as having difficulty with memory, attention, and concentration, I administered four brief neuropsychological tests to Mr. Padilla as a screen of his abilities in these areas. Mr. Padilla appeared to be engaged in the testing and appeared to be giving appropriate effort

The Benton Visual Retention Test (BVRT) is a measure of non-verbal memory (visual memory, visual perception, and visuoconstructive abilities) that requires the examinee to immediately reproduce from memory geometric figures mat were displayed for 10 seconds and then withdrawn. On the BVRT Mr. Padilla scored at a level that suggests a strong indication of impairment in cognitive functioning. In addition, Mr. Padilla's responses showed evidence of perseveration (the repetition of responses from earlier items on later items).

The Rey Auditory Verbal Learning Test (RALVT) is a measure of verbal learning and memory that requires the examinee to recall as many words as possible from a list of 15 words that are presented five times in the same order. Mr. Padilla's scores on the RAVLT are consistent with the performance of an individual who has suffered some form of brain injury.

The Stroop Neuropsychological Screening Test (Stroop) is a measure of selective attention and cognitive flexibility that requires the examinee to read a list of color-words (such as red, blue, etc) as quickly as possible and then to indicate the color of ink mat color-words are printed in as quickly as possible. Mr. Padilla performed extremely poorly on the Stroop; his score was at the 2nd percentile and the associated probability score was .98 indicating that there is a 98% probability mat the score obtained was by a brain-damaged individual. Thus, Mr. Padilla scored at a level consistent with someone who has suffered some form of brain injury.

The Color Trails Test (CTT) is a measure of attention, sequencing, mental flexibility, and visual search and motor function that requires the examinee to connect, using pencil lines, 25 encircled numbers randomly arranged on a page in the proper order. Mr. Padilla scored in the Below Average range on the first part of the CTT and in the Mildly Impaired range on the second part. Although these scores are below average and represent performance at the 24th and 10th percentiles, respectively, they cannot be used to conclusively determine mat mis represents cognitive impairment, especially given the test-taking circumstances in which Mr. Padilla was handcuffed.

The results from the neuropsychological screening instruments appear to indicate that Mr. Padilla may be suffering from some form of brain injury. He certainly appears to have impairment of concentration and attention, as evidenced by testing as well as his presentation during interview. There is a body of literature that describes the relation between PTSD and cognitive problems such that PTSD is related to impairments in concentration, memory, and learning and the impairments are proportional to the duration and severity of the trauma. Mr. Padilla was held in isolation and subjected to extended periods of interrogation for upwards of 3 years and currently resides in a situation that closely mimics the circumstances of his detention at the Brig (although I assume Mr. Padilla is no longer being tortured, he is being held in solitary confinement with multiple restrictions being placed on his liberty). Given this as well as the results of neuropsychological screening and my observations during interview, it is my recommendation mat Mr. Padilla undergo a more comprehensive assessment of his neuropsychological functioning.

 FORENSIC ASSESSMENT  The Fitness Interview Test - Revised (FIT-R; Roesch, Zapf, & Eaves, 2006) was used to structure the evaluation of competency to stand trial. The FIT-R was developed for use as an aide memoire to guide the evaluation of competency to stand trial and consists of sixteen different areas of inquiry, divided into three sections.

Competency to Stand Trial Title 18, United States Code, Section 4241 (a) states that a defendant may be found incompetent to stand trial if he suffers from a mental disease or defect that renders him "unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense." Mr. Padilla was evaluated with respect to his ability to: (a) understand the nature of the proceedings against him, (b) understand the possible consequences of the proceedings against him, and (c) assist in his defense.

Mr. Padilla was able to indicate the charges that he is currently facing and to give a brief, general overview of the circumstances surrounding his arrest and detention. He was able to acknowledge his role as a defendant and was able to indicate that die charges he is facing are considered to be serious. He was able to provide the names of his attorneys and to indicate that he had met with them on numerous occasions. He was able to provide information suggesting that he understands the role of die prosecutor, judge, defense attorney, witnesses, and die police. Additionally, he was able to indicate what might be used as evidence in a case and to discuss the relative risks and benefits of various pleas. Mr. Padilla was unsure about specific aspects regarding die jury (i.e., how many people comprise a jury, how jurors are selected); however, given diat die standard for competency involves capacity, rather dian knowledge, Mr. Padilla was educated about diese aspects of die jury and, when queried at a later point in die evaluation, was able to provide die appropriate responses.

With regard to his ability to understand die nature of die proceedings against him, it appears mat Mr. Padilla has a factual and rational understanding of his case. He was able to relate die facts of his arrest and demonstrated an appropriate understanding of die adversarial nature and die object of die proceedings, including an understanding of die arrest process, die nature and severity of die current charges, die role of key participants in die legal system, die possible pleas, and court procedure. He does not appear to hold any irrational or delusional beliefs about die court process or die charges against him, although he does present with a significant amount of (probably-justified) suspicion regarding his case.

Mr. Padilla was able to engage in a discussion regarding the possible penalties and consequences should he be found guilty as charged; however, he did indicate his belief that die government is pursuing him vehemently and that even if he were to be found not guilty he may still be sent back to die Brig. Although this may sound delusional in nature, it is my understanding from information provided by Mr. Padilla's defense counsel tiiat Mr. Padilla is correct in his assertion that he may be sent back to die Brig at any time, regardless of die outcome of his criminal trial.

Mr. Padilla was able to demonstrate an understanding and appreciation of die personal importance of die legal proceedings against him as well as the possible consequences. He was able to engage in a discussion of die range and nature of possible penalties.

Mr. Padilla was unable to provide a detailed account of his history over die last several years. He would become visibly distressed when asked about his time in the Brig and was able to provide only limited information as it was too distressing for him to provide detailed information. To be clear, Mr. Padilla refused to answer many questions about mis time period; however, die rationale he gave for not answering was that "it is all in die past" and that he has a "deep belief diat tiiere is a purpose for everything." The visible distress diat he experienced when asked questions about sensitive topics appeared to be mainly physiological (in die form of facial ticks, sweaty palms, tense body posture, and rocking back and form) as he maintained little or no emotion throughout die interview.

Mr. Padilla asserted his belief diat he is being watched closely and diat he may be returned to die Brig at any time. He also reported his belief diat he would be killed upon his return to the Brig. Mr. Padilla refused to answer any questions regarding his actions and/or die events surrounding die charges diat he currently faces; again, becoming visibly distressed when asked about these topics. He reported diat he would rather go back to die Brig than to have to testify in his own defense as he would have to "relive it all over again."

His attorneys have reported that they are unable to obtain relevant and important information from Mr. Padilla and that they often have the experience of "groundhog day" with Mr. Padilla—reliving the same situations and conversations over and over with him. They report the experience of "having to start over" every time they speak with him. These experiences appear to be consistent with the perseveration observed during interview and testing with Mr. Padilla.

Mr. Padilla reports being suspicious of everyone, including his attorneys, and stated that he does not know who he can and cannot trust. He indicated that he was unsure of whether his attorneys might really be federal agents posing as his attorneys in an attempt to continue their interrogations of him. While this sounds delusional in nature, I do not believe mis to be the case. It appears as if Mr. Padilla is simply unable to fully trust anyone (save the few exceptions that he noted, which included his mother and his family members) after his experiences in die Brig.

With respect to the ability of Mr. Padilla to communicate with his attorney and to assist in his own defense, it appears that while he has the ability to communicate, in general, he is incapacitated by his PTSD in communicating relevant information important to the preparation of his defense.

 SUMMARY AND RECOMMENDATIONS  In summary, Mr. Padilla is a 36-year-old Hispanic male who appears to be in a fragile psychological state and who meets criteria for a diagnosis of Post Traumatic Stress Disorder. In addition, he appears to have some cognitive deficits such as impairment in memory, concentration, and attention that may or may not be related to the PTSD.

Mr. Padilla appears to be able to understand the nature and object of the proceedings as well as the possible consequences of the proceedings; however, his ability to communicate with and assist his attorneys appears to be impaired. Specifically, he appears to be incapacitated by Post Traumatic Stress Disorder, stemming from die circumstances surrounding his time at die Brig, and, as a result of this incapacitation, is unable to assist his attorneys by providing relevant information to his defense.

As a forensic psychologist, I recognize that die determination of a defendant's competency to stand trial is a legal matter for die court to decide. Therefore, die opinions rendered above in regard to diis issue are of an advisory nature only. I will be happy to provide die court widi any further information, records, or testimony mat it may require.

Respectfully submitted,

Patricia A. Zapf, PhD Licensed Psychologist


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 "HANDS OFF OUR CHUM!"

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 DOWN CAME THE THREE SHELLS.

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 COLUMBIA WAS CERTAINLY CREEPING UP.—Frontispiece.

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 CHAPTER XVIII

A QUARREL IN THE SCHOOLYARD

days after the grand sleighing party to Dalton, Nan came down to breakfast looking very pale and worried.

"What is the trouble, Nan?" questioned her mamma. "What has happened?"

"Oh, mamma, I scarcely feel like telling," answered Nan. "I am afraid you'll laugh at me."

"I fancy you had best tell me," went on Mrs. Bobbsey.

"I saw the ghost last night—or rather, early this morning."

"What, the ghost that I saw?" shouted Bert.

"I think it must have been the same. Anyway, it was about that high"—Nan raised her hand to her shoulder—"and all pure white."

"Oh, Nan!" shivered Freddie. "Don't want no ghostses!"

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152 "I don't want to see it," put in Flossie, and edged closer to her mamma as if fearful the ghost might walk into the dining room that minute.

"This is certainly strange," came from Mr. Bobbsey. "Tell us all about it, Nan."

"Oh, papa, you won't laugh?" and Nan's face grew very red. "I—I—didn't think of it then, but it must have been very funny," she continued.

"It's not very funny to see a ghost, Nan," said Mrs. Bobbsey.

"I don't mean that—I mean what I did afterward. You see I was asleep and I woke up all of a sudden, for I thought somebody had passed a hand over my face. When I looked out into the room the ghost was standing right in front of the dresser. I could see into the glass and for the minute I thought there were two ghosts."

"Oh!" came from Flossie. "Two! Wasn't that simply dreadful!" And she crouched closer than ever to her mamma.

"As I was looking, the ghost moved away toward the window and then I saw there was

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Rh but one. I was so scared I couldn't call anybody."

"I believe you," said Bert. "It's awful, isn't it?"

"This is certainly strange," said Mr. Bobbsey, with a grave look on his face. "What did you do next, Nan."

"You—you won't laugh, papa?"

"No."

"I thought of my umbrella. It was resting against the wall, close to the bed. I turned over and reached for the umbrella, but it slipped down and made a terrible noise as it struck the floor. Then I flung the covers over my head."

"What did you want the umbrella for?" questioned Freddie, in great wonder. "'Twasn't raining."

"I thought I could—could punch the ghost with it," faltered Nan.

At this Bert could hold in no longer, and he set up a shout of laughter, which was instantly repressed by Mr. Bobbsey.

"Oh, Nan, I'm sorry I laughed," said her twin brother, when he could speak. "But the

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154 idea of your poking at a ghost with an umbrella!"

"It was more than you tried to do," said Mr. Bobbsey dryly.

"That is so." Bert grew red in the face. "Did you see the ghost after that?" he asked to hide his confusion.

"No."

"Not at all?" asked Mrs. Bobbsey.

"No, mamma. I stayed under the covers for about a minute—just like Bert did—and when I looked the ghost was gone."

"I will have to investigate this," said Mr. Bobbsey seriously. "It is queer that neither I nor your mamma has seen the ghost."

"I ain't seen it," said Flossie.

"Don't want to see it," piped in Freddie.

Dinah, in the kitchen, had heard Nan's story and she was almost scared to death.

"Dat am de strangest t'ing," she said to Sam, when he came for his dinner. "Wot yo' make of it, hey?"

"Dunno," said Sam. "Maybe sumbuddy's gwine to die."

The matter was talked over by the Bobbsey

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Rh family several times that day, and Mr. Bobbsey remained awake nearly all of that night, on the watch for the ghost. The following night Mrs. Bobbsey watched, and then Dinah took her turn, followed by Sam, who sat in the upper hall in a rocking chair, armed with a club. But the ghost failed to show itself, and after a week the excitement died down once more.

"Perhaps you were dreaming, Nan," said Mrs. Bobbsey.

"No, I wasn't dreaming, mamma, and Bert says he wasn't dreaming either."

"It is strange. I cannot understand it at all."

"Do you believe in ghosts, mamma?"

"No, my dear."

"But I saw something."

"Perhaps it was only a reflection. Sometimes the street lamps throw strange shadows on the walls through the windows."

"It wasn't a shadow," said Nan; and there the talk ended, for Mrs. Bobbsey knew not what to say to comfort her daughter.

In some way the news that a ghost had been seen in the Bobbsey house spread throughout

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156 the neighborhood, and many came to ask about it. Even the boys and girls talked about it and asked Nan and Bert all manner of questions, the most of which the twins could not answer.

The "ghost talk," as it was called, gave Danny Rugg a good chance to annoy both Nan and Bert.

"Afraid of a ghost! Afraid of a ghost!" he would cry, whenever he saw them. "Oh, my, but ain't I afraid of a ghost!"

"I think it is perfectly dreadful," said Nan one day, on returning from school. Her eyes were red, showing that she had been crying.

"I'll 'ghost' him, if he yells at us again," said Bert. "I'm not going to stand it, so there!"

"But what will you do, Bert?"

"I'll fight him, that's what I'll do."

"Oh, Bert, you mustn't fight."

"Then he has got to leave you alone—and leave me alone, too."

"If you fight at school, you'll be expelled."

"I don't care, I'm going to make him mind his own business," said Bert recklessly.

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Rh Danny Rugg was particularly sore because he had not been invited to Grace Lavine's party. Of all the boys in that neighborhood he was the only one left out, and he fancied it was Nan and Bert's fault.

"They don't like me and they are setting everybody against me," he thought. "I shan't stand it, not me!"

Two days later he followed Bert into the schoolyard, in which a large number of boys were playing.

"Hullo! how's the ghost?" he cried. "Is it still living at your house?"

"You be still about that ghost, Danny Rugg!" cried Bert, with flashing eyes.

"Oh, but wouldn't I like to have a house with a ghost," went on Danny tantalizingly. "And a sister who was afraid of it!"

"Will you be still, or not?"

"Why should I be still? You've got the ghost, haven't you? And Nan is scared to death of it, isn't she?"

"No, she isn't."

"Yes, she is, and so are you and all the rest of the family." And then Danny set up

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158 his old shout: "Afraid of a ghost! Afraid of a ghost!"

Some of the other boys followed suit and soon a dozen or more were crying, "Afraid of a ghost!" as loudly as they could.

Bert grew very pale and his breath came thickly. He watched Danny and when he came closer caught him by the arm.

"Let go!" cried the big boy roughly.

"I want you to stop calling like that."

"I shan't stop."

"I say you will!"

Bert had hardly spoken when Danny struck at him and hit him in the arm. Then Bert struck out in return and hit Danny in the chin. A dozen or more blows followed in quick succession. One struck Bert in the eye and blackened that organ, and another reached Danny's nose and made it bleed. Then the two boys clinched and rolled over on the schoolyard pavement.

"A fight! A fight!" came from those looking on, and this was taken up on all sides, while many crowded forward to see what was going on.

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Rh The school principal, Mr. Tetlow, was just entering the school at the time. Hearing the cry he ran around into the yard.

"Boys! boys! what does this mean?" he demanded, and forced his way through the crowd to where Bert and Danny lay, still pummeling each other. "Stand up at once and behave yourselves," and reaching down, he caught each by the collar and dragged him to his feet.

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 CHAPTER XIX

NAN'S PLEA

heart sank when he saw that it was the school principal who held him by the collar. He remembered what Nan had said about fighting and being expelled.

"It was Bert Bobbsey's fault," blustered Danny, wiping his bleeding nose on his sleeve.

"No, it wasn't," answered Bert quickly. "It was his fault."

"I say it was your fault!" shouted Danny. "He started the fight, Mr. Tetlow."

"He struck first," went on Bert undauntedly.

"He caught me by the arm and wouldn't let me go," came from Danny.

"I told him to keep still," explained Bert. "He was calling, 'Afraid of a ghost!' at me and I don't like it. And he said my sister Nan was afraid of it, too."

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Rh "Both of you march up to my office," said Mr. Tetlow sternly. "And remain there until I come."

"My nose is bleeding," whined Danny.

"You may go and wash your nose first," said the principal.

With a heart that was exceedingly heavy Bert entered the school and made his way to the principal's office. No one was there, and he sank on a chair in a corner. He heard the bells ring and heard the pupils enter the school and go to their various classrooms.

"If I am sent home, what will mamma and papa say?" he thought dismally. He had never yet been sent home for misconduct, and the very idea filled him with nameless dread.

His eye hurt him not a little, but to this he just then paid no attention. He was wondering what Mr. Tetlow would have to say when he came.

Presently the door opened and Danny shuffled in, a wet and bloody handkerchief held to his nose. He sat down on the opposite side of the office, and for several minutes nothing was said by either of the boys.

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162 "I suppose you are going to try to get me into trouble," said Danny at length.

"You're trying to get me into trouble," returned Bert. "I didn't start the quarrel, and you know it."

"I don't know nothing of the kind, Bert Bobbsey! If you say I started the fight—I'll—I'll—tell something more about you."

"Really?"

"Yes, really."

"What can you tell?"

"You know well enough. Mr. Ringley hasn't forgotten about his broken window."

"Well, you broke that, I didn't."

"Humph! maybe I can prove that you broke it."

"Danny Rugg, what do you mean?" exclaimed Bert. "You know I had nothing to do with that broken window."

The big boy was about to say something more in reply when Mr. Tetlow entered the office.

"Boys," said he abruptly, "this is a disgraceful affair. I thought both of you knew better than to fight. It is setting a very bad

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Rh example to the rest of the scholars. I shall have to punish you both severely."

Mr. Tetlow paused and Bert's heart leaped into his throat. What if he should be expelled? The very thought of it made him shiver.

"I have made a number of inquiries of the other pupils, and I find that you, Danny, started the quarrel. You raised the cry of 'Afraid of a ghost!' when you had no right to do so, and when Bert caught you by the arm and told you to stop you struck him. Is this true?"

"I—I—he hit me in the chin. I told him to let me go."

"He struck me first, Mr. Tetlow," put in Bert. "I am sure all of the boys will say the same."

"Hem! Bert, you can go to your classroom. I will talk to you after school this afternoon."

Somewhat relieved Bert left the office and walked to the classroom, where the other pupils eyed him curiously. It was hard work to put his mind on his lessons, but he did his best, for he did not wish to miss in any of them and thus make matters worse.

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164 "What did the principal do?" whispered the boy who sat next to him.

"Hasn't done anything yet," whispered Bert in return.

"It was Danny's fault," went on the boy, "We'll stick by you."

At noontime Bert walked home with Nan, feeling very much downcast.

"Oh, Bert, what made you fight?" said his twin sister. "I told you not to."

"I couldn't help it, Nan. He told everybody that you were afraid of the ghost."

"And what is Mr. Tetlow going to do?"

"I don't know. He told me to stay in after school this afternoon, as he wanted to talk with me."

"If he expels you, mamma will never get over it."

"I know that, Nan. But—but—I couldn't stand it to have him yelling out, 'Afraid of a ghost!'"

After that Nan said but little. But her thoughts were busy, and by the time they were returning to the school her mind was fully made up.

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Rh To all of the school children the principal's office was a place that usually filled them with awe. Rarely did anybody go there excepting when sent by a teacher because of some infringements of the rules.

Nan went to school early that afternoon, and as soon as she had left Bert and the two younger twins, she marched bravely to Mr. Tetlow's office and knocked on the door.

"Come in," said the principal, who was at his desk looking over some school reports.

"If you please, Mr. Tetlow, I came to see you about my brother, Bert Bobbsey," began Nan.

Mr. Tetlow looked at her kindly, for he half expected what was coming.

"What is it, Nan?" he asked.

"I—I—oh, Mr. Tetlow, won't you please let Bert off this time? He only did it because Danny said such things about me; said I was afraid of the ghost, and made all the boys call out that we had a ghost at our house. I—I—think, somehow, that I ought to be punished if he is."

There, it was out, and Nan felt the better for

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166 it. Her deep brown eyes looked squarely into the eyes of the principal.

In spite of himself Mr. Tetlow was compelled to smile. He knew something of how the Bobbsey twins were devoted to each other.

"So you think you ought to be punished," he said slowly.

"Yes, if Bert is, for you see, he did it mostly for me."

"You are a brave sister to come in his behalf, Nan. I shall not punish him very severely."

"Oh, thank you for saying that, Mr. Tetlow."

"It was very wrong for him to fight"

"Yes, I told him that."

"But Danny Rugg did wrong to provoke him. I sincerely trust that both boys forgive each other for what was done. Now you can go."

With a lighter heart Nan left the office. She felt that Bert would not be expelled. And he was not. Instead, Mr. Tetlow made him stay in an hour after school each day that week and write on his slate the sentence, "Fighting is

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Rh wrong," a hundred times. Danny was also kept in and was made to write the sentence just twice as many times. Then Mr. Tetlow made the two boys shake hands and promise to do better in the future.

The punishment was nothing to what Bert had expected, and he stayed in after school willingly. But Danny was very sulky and plotted all manner of evil things against the Bobbseys.

"He is a very bad boy," said Nan. "If I were you, Bert, I'd have nothing more to do with him."

"I don't intend to have anything to do with him," answered her twin brother. "But, Nan, what do you think he meant when he said he'd make trouble about Mr. Ringley's broken window? Do you imagine he'll tell Mr. Ringley I broke it?"

"How would he dare, when he broke it himself?" burst out Nan.

"I'm sure I don't know. But if he did, what do you suppose Mr. Ringley would do?"

"I'm sure I don't know," came helplessly

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168 from Nan. "You can't prove that Danny did it, can you?"

"No."

"It's too bad. I wish the window hadn't been broken."

"So do I," said Bert; and there the talk came to an end, for there seemed nothing more to say.

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 CHAPTER XX

ST. VALENTINE'S DAY

was now close at hand, and all of the children of the neighborhood were saving their money with which to buy valentines.

"I know just the ones I am going to get," said Nan.

"I want some big red hearts," put in Freddie. "Just love hearts, I do!"

"I want the kind you can look into," came from Flossie. "Don't you know, the kind that fold up?"

Two days before St. Valentine's Day the children gathered around the sitting-room table and began to make valentines. They had paper of various colors and pictures cut from old magazines. They worked very hard, and some of the valentines thus manufactured were as good as many that could be bought.

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170 "Oh, I saw just the valentine for Freddie," whispered Nan to Bert. "It had a fireman running to a fire on it."

There were a great many mysterious little packages brought into the house on the afternoon before St. Valentine's Day, and Mr. Bobbsey had to supply quite a few postage stamps.

"My, my, but the postman will have a lot to do to-morrow," said Mr. Bobbsey. "If this keeps on he'll want his wages increased, I am afraid."

The fun began early in the morning. On coming down to breakfast each of the children found a valentine under his or her plate. They were all very pretty.

"Where in the world did they come from?" cried Nan. "Oh, mamma, did you put them there?"

"No, Nan," said Mrs. Bobbsey.

"Then it must have been Dinah!" said Nan, and rushed into the kitchen. "Oh, Dinah, how good of you!"

"'Spect da is from St. Valentine," said the cook, smiling broadly.

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Rh "Oh, I know you!" said Nan.

"It's just lubby!" cried Freddie, breaking out into his baby talk. "Just lubby, Dinah! Such a big red heart, too!"

The postman came just before it was time to start for school. He brought six valentines, three for Flossie, two for Freddie and one for Bert.

"Oh, Nan, where is yours?"' cried Bert.

"I—I guess he forgot me," said Nan rather soberly.

"Oh, he has made some mistake," said Bert and ran after the letter man. But it was of no use—all the mail for the Bobbseys had been delivered.

"Never mind, he'll come again this afternoon," said Mrs. Bobbsey, who saw how keenly Nan was disappointed.

On her desk in school Nan found two valentines from her schoolmates. One was very pretty, but the other was home-made and represented a girl running away from a figure labeled. Nan put this out of sight as soon as she saw it.

All that day valentines were being delivered

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172 in various ways. Freddie found one in his cap, and Bert one between the leaves of his geography. Flossie found one pinned to her cloak, and Nan received another in a pasteboard box labeled Breakfast Food. This last was made of paper roses and was very pretty.

The letter man came that afternoon just as they arrived home from school. This time he had three valentines for Nan and several for the others. Some were comical, but the most of them were beautiful and contained very tender verses. There was much guessing as to who had sent each.

"I have received just as many as I sent out," said Nan, counting them over.

"I sent out two more than I received," said Bert.

"Never mind, Bert; boys don't expect so many as girls," answered Nan.

"I'd like to know who sent that mean thing that was marked ," went on her twin brother.

"It must have come from Danny Rugg," said Bert, and he was right. It had come from Danny, but Nan never let him know that she

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Rh had received it, so his hoped-for fun over it was spoilt.

In the evening there was more fun than ever. All of the children went out and dropped valentines on the front piazzas of their friends' houses. As soon as a valentine was dropped the door bell would be given a sharp ring, and then everybody would run and hide and watch to see who came to the door.

When the Bobbsey children went home they saw somebody on their own front piazza. It was a boy and he was on his knees, placing something under the door mat.

"I really believe it is Danny Rugg!" cried Nan.

"Wait, I'll go and catch him," said Bert, and started forward.

But Danny saw him coming, and leaping over the side rail of the piazza, he ran to the back garden.

"Stop," called Bert. "I know you, Danny Rugg!"

"I ain't Danny Rugg!" shouted Danny in a rough voice. "I'm somebody else."

He continued to run and Bert made after

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174 him. At last Danny reached the back fence. There was a gate there, but this was kept locked by Sam, so that tramps might be kept out.

For the moment Danny did not know what to do. Then he caught hold of the top of the fence and tried to scramble over. But there was a sharp nail there and on this his jacket caught.

"I've got you now!" exclaimed Bert, and made a clutch for him. But there followed the sound of ripping cloth and Danny disappeared into the darkness, wearing a jacket that had a big hole torn in it.

"Was it really Danny?" questioned Nan, when Bert came back to the front piazza.

"Yes, and he tore his coat—I heard it rip."

"What do you think of that?"

Nan pointed to an object on the piazza, half under the door mat. There lay a dead rat, and around its neck was a string to which was attached a card reading, "Nan and Bert Bobbsey's Ghost."

"This is certainly awful," said Bert.

The noise on the piazza had brought Mrs. Bobbsey to the door. At the sight of the dead

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Rh rat, which Freddie had picked up by the tail, she gave a slight scream.

"Oh, Freddie, leave it go!" she said.

"It won't hurt you, mamma," said the little boy. "The real is gone out of it."

"But—but—how did it get here?"

"Danny Rugg brought it," said Bert "Look at the tag."

He cut the tag off with his pocket-knife and flung the rat into the garbage can. All went into the house, and Mrs. Bobbsey and her husband both read what Danny Rugg had written on the card.

"This is going too far," said Mr. Bobbsey. "I must speak to Mr. Rugg about this." And he did the very next day. As a result, and for having torn his jacket, Danny received the hardest thrashing he had got in a year. This made him more angry than ever against Bert, and also angry at the whole Bobbsey family. But he did not dare to do anything to hurt them at once, for fear of getting caught.

Winter was now going fast, and before long the signs of spring began to show on every hand.

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176 Spring made Freddie think of a big kite that he had stored away in the garret, and one Saturday he and Bert brought the kite forth and fixed the string and the tail.

"There is a good breeze blowing," said Bert. "Let us go and fly it on Roscoe's common."

"I want to see you fly the kite," said Flossie. "Can I go along?"

"Yes, come on," said Bert.

Flossie had been playing with the kitten and hated to leave it. So she went down to the common with Snoop in her arms.

"Don't let Snoop run away from you," said Bert. "He might not find his way back home."

The common was a large one with an old disused barn at one end. Freddie and Bert took the kite to one end and Freddie held it up while Bert prepared to let out the string and "run it up," as he called it.

Now, as it happened, the eyes of Snoop were fixed on the long tail of the kite, and when it went trailing over the ground Snoop leaped from Flossie's arms and made a dash for it.

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Rh The kitten's claws caught fast in the tail, and in a moment more the kite went up into the air and Snoop with it.

"Oh, my kitten!" called out Freddie. "Snoop has gone up with the kite!"

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 duct; since no one errs or sins willingly. This, at all events, was true of Socrates himself, and made the basis of his adjustment in that fearless and rational freedom of right conduct, which has held the admiration of mankind.

Cicero's memorable statement, that Socrates called Philosophy down from the heavens and established her in the abodes of men, and, as we say, set her upon the study of man, is eulogy which Socrates may well deserve, but which, in justice, he must share at least with Democritus and the Sophists. A number of gifted human beings seem bound together in the personality of Plato; and the adjustment wherein so manifold a nature could bring its different faculties to harmonious action had need to include more than one field of satisfying activity, more than one fount of peace. Plato was hotly in love with mortal beauty; and doubtless often had to bridle what we of northern climes and modern times might call his sensuality. More constantly, however, the image-building, story-building imagination of this poet and dramatist, superseding the importunities of sense, dispersed his passion in poetic myths, or employed his faculties in dramas of the mind, with plots formed from the stress and pitfalls of dialectic. Plato's desires change and are transfigured as they pass from the lower to the higher planes of his nature. Its topmost needs were those of its metaphysical energies; its sublimest

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 sometimes we also may gain from reading the Phædo or the Phædrus, the Gorgias or the Theatætus.

One sees how Plato's ethical convictions, whether received from his master, or his very own, have root in these conceptions of the mind which are also the desires of his soul. Knowledge and Virtue are the same: How can one know these beautiful ideas and not desire them? and not realise them? Only through knowing them imperfectly can one sin or err. And again, even more obviously, justice is an excellence of the soul, of man's veritable self: it is almost a truism — if only the world would accept it — that the unjust man cannot be in a state of well-being, cannot be veritably happy. The best that can come to him is to be punished, which is to be healed. How then can one doubt that it is better to suffer, than to do, injustice? Or how can any harm whatever be his who has realised that Best within him which is the idea of the Good? Or, in common words, how can ill come to a good man? And as for truth, — is it not the verity of the good? how shall one not crave it and esteem it always?

Plato's freedom dwelt in these convictions, and in his faith in them. As he grew older, he held with increasing assurance that the world is ruled by Mind, and not left, a chance medley, to unreason (Philebus). Did not God create it, and create it because he was good, and form it somehow in the

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 drama of Œdipus the King has reached its final stress of tension, and the discovery is imminent: "May destiny still find me winning the praise of reverent purity in all words and deeds sanctioned by those laws of range sublime, called into life throughout the high clear heaven, whose father is Olympus alone; their parent was no race of mortal men. no, nor shall oblivion ever lay them to sleep; the god is mighty in them, and he grows not old."

So long as man fulfils this prayer, he is possessed of the best that comes to man; with peace in his soul, he is in accord with the mightiest arbiters of his destiny. But Œdipus unwittingly, and yet because he was himself, has shattered these laws through deeds which the tongue refuses to utter. It may be that no man is evil through unwitting sin; and that toward such, men's anger softens (Soph. Frag.. 599: Tracn., ~zj^. Yet all the absolv- ing powers of life cannot make (Edipus as if he had not done these deeds : and as the deeds cannot be undone, neither can the consequences involved in them — an}- more than when a blind man steps off a precipice, one born blind, say, for a parent's sin ! As easy can a man cease to be himself as throw off the entailments of his acts. He can only live them out, as he lives out his life. So the CEUipus oi Colcr.uj comes as the drama of the close of a long expiation, no palny- exculpation by foolish or angr-

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text:
The Encyclopedia Americana (1920)/Hermann, Alexander

HERMANN, hėr'mạn, Alexander, American conjurer: b. Paris, France, 10 Feb. 1844; d. near Great Valley, N. Y., 17 Dec. 1896. From his brother Carl, Alexander took his earliest lessons in sleight-of-hand and the brothers then traveled in Europe and became widely known as skilled conjurers. Coming to the United States in 1867 they met with great success. The elder presently returned to Europe, but Alexander became a citizen of the United States, made a tour of the world and had few equals in his profession.


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The Encyclopedia Americana (1920)/Hermann, Friedrich Benedikt Wilhelm von

HERMANN, Friedrich Benedikt Wilhelm von, German economist: b. Bavaria, 1795; d. 1868. He received his education at Erlangen and Würzburg, where he gave special attention to political economy. He was appointed privatdozent at Erlangen in 1823 and two years later became professor of mathematics at the Nuremberg Gymnasium. In 1827 he was named professor extraordinary at the University of Munich. He was elected to the Bavarian Academy of Science in 1835 and also served as inspector of technical instruction in Bavaria. He became one of the advisers of the Minister of the Interior in 1845, and three years later he served as Munich representative in the Frankfort Assembly. Here he led the forces opposed to the threatening leadership of Prussia. In 1855 Hermann was made Councilor of State and for a time was also in charge of the Bureau of Statistics. He published important pamphlets as head of this bureau, and is now regarded as one of the foremost pioneers in the field of statistics. His reputation as an economist is founded on his ‘Staatswirtschaftliche Untersuchungen’ (1832).


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Fitzgerald He married (1) Joan, daughter and heiress of James, eleventh earl of Desmond, widow of James, ninth earl of Ormonde, and mother of his rival, Thomas, tenth earl; (2) Eleanor, daughter of Edmund Butler, lord Dunboyne, by whom he had James, called 'the Queen's Earl' [q. v.], Thomas, and five daughters. , who had immediately on his landing joined Fitzmaurice, signalising his adhesion by the murder of Captain Henry Davells at Tralee, became, on the death of Fitzmaurice and till the accession of the earl, head of the rebel army. Sharing with his brother in the vicissitudes of the war, he was in December 1581, after having been wounded on several occasions, entrapped by Captain Zouche in the neighbourhood of Castlelyons. His body was sent to Cork and 'was hanged in chaynes ouer the citty gates, where it hanged up for 3 or foure yeares togeather as a spectacle to all the beholders to looke on, vntill at length a greate storme of wynd blew it off, but the head was sent to Dublin, and there fastened to a pole and set over the castle wall.' [The chief authorities are Hamilton's Calendar of State Papers, vols. i. and ii.; Collins's Sydney State Papers, vol. i.; Calendar of Carew MSS. vols. i. and ii.; O'Daly's Initium, incrementa, et exitus familiæ Geraldinorum; O'Sullevan's Historiæ Catholicæ Iberniæ Compendium; Annals of the Four Masters; Annals of Loch Cé; Morrin's Calendar of Patent Rolls, vols. i. and ii.; Unpublished Geraldine Documents, ed. Hayman and Graves; Thomas Churchyard's A Scourge for Rebels; Bishop Carleton's A Thankful Remembrance of God's Mercy; Kerry Mag. vol. i., where, under the title 'Antiquities of Tralee,' will be found a most excellent discussion on that part of Desmond's life which relates to his rebellion, said to be by the late Archdeacon Rowan; Cox's Hibernica Anglicana, vol. i.; Bagwell's Ireland under the Tudors, vol. ii.]  FITZGERALD, GERALD, eleventh (1525–1585), was son of Gerald Fitzgerald, ninth earl of Kildare [q. v.], by his second wife, Elizabeth, daughter of Thomas Grey, marquis of Dorset. In 1537 Gerald's father was executed for high treason and attainted, with forfeiture of title and estates. Mainly through the exertions of his tutor, Thomas Leverous, subsequently bishop of Kildare, Gerald was conveyed to France, whence he went to Rome, where he was received by his relative, Cardinal Pole. He subsequently took part with knights of Rhodes in expeditions against the Moors, and entered the service of Cosmo de' Medici at Florence. After the death of Henry VIII Gerald came to England, and married Mabel, daughter of Sir Anthony Browne, knight of the Garter. Edward VI, in 1552, restored to him some of his paternal estates. In 1554 he served against Sir Thomas Wyatt. Queen Mary conferred upon Gerald the earldom of Kildare, with possessions of his father, which, under the attainder, had been confiscated. The original grant for the re-establishment of the earldom is in the possession of the Duke of Leinster, now the chief representative of the earls of Kildare. The document has, with autographs of the eleventh earl, been reproduced in the fourth part of 'Facsimiles of National MSS. of Ireland.' Gerald conformed to the protestant religion early in the reign of Elizabeth. He sat in parliament in Ireland in 1559. The attainder of his family was annulled by statute in 1568. In 1577 he attended before the privy council in England in relation to complaints made concerning the assessment imposed upon landholders in Ireland. He took an active part in the warfare against hostile Irish and the Spaniards who had landed in Munster. In 1582, on suspicion of treason, the earl's estates were placed under sequestration, and he, his son Henry, and his son-in-law Lord Delvin, were imprisoned in the Tower of London. After examinations before the lord chancellor of England and other judges, the earl was released from the Tower on giving a bond for 2,000l., in June 1583, to remain within twenty miles of London and not to come within three miles of her majesty's court. In the following year the queen granted him permission to wait upon her, and to return to Ireland, where he sat in the parliament at Dublin in April 1585. He died in London on 16 Nov. following, and was interred at Kildare. He is stated by contemporaries to have been an expert horseman, valiant, small of stature, slender of person, very courteous, but hard and angry at times, a great gatherer of money, and addicted to gambling. [Archives of the Duke of Leinster; Patent and Statute Rolls; State Papers, Public Record Office, London; Carew MSS., Lambeth; Carte Papers, Bodleian Library; The Earls of Kildare, 1862; Report of Hist. MSS. Commission, 1883.]  FITZGERALD, JAMES, fourteenth (d. 1558), second son of Sir John Desmond [see  Fitzmaurice, thirteenth earl], de facto thirteenth earl of Desmond, and More, daughter of Donogh O'Brien of Carrigogunnell, co. Limerick, lord of Pobble O'Brien, immediately on the death of his grandfather in June 1536 assumed the position and title of Earl of Desmond, and in order to support it


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The Encyclopedia Americana (1920)/Hermann und Dorothea

HERMANN UND DOROTHEA. Goethe's ‘Hermann and Dorothea’ is a bright idyll of a small German country town near the right bank of the Rhine, set against the dark background of the French invasion of the Rhenish

Palatinate in 1794. It was written between September 1796 and March 1797, and was to some extent suggested by Voss's ‘Luise,’ an idyll in hexameters, first published in 1782-84. The story of the well settled burgher's son marrying a poor fugitive was contained in an account of the Salzburg Protestants who, for their religion, in 1731 fled from their old homes into Germany. The inhabitants and conditions of the little town which is the scene of ‘Hermann and Dorothea’ are pictured in contrast to the turmoil of the French Revolution, for they stand for the foundations on which civilization will always rest. The leading characters represent the standard callings of men — the farmer, the merchant, the apothecary-doctor, the minister, the judge. The hero is the true son of mother earth, given to tilling the soil and harvesting his crops. The life both in family and community is depicted as the fundamental social forms, with some hints of national life. The love story of the young couple is free from wild romance, indeed their love makes them look to the future not with any anticipation of pleasure or extravagance, but with the instinctive conviction that the true blessings of life flow from the performance of necessary tasks. The public spirit of Hermann's father germinates also in the son's character as his burning patriotism protests against the French invasion. But the spirit that permeates the poem as a whole is that of trust in the future and sympathy with mankind. The hexameters of the nine cantos are at times irregular. The serene flow of presentation, the masterly descriptions of landscape and home, the plastic vigor of the main figures, the balance of color, all go to render ‘Hermann and Dorothea’ a great work of literary art. Consult edition of Goethe's works in ‘Deutsche National-Literatur’ (Vol. V, pp. 1-99, 1882-98); English translation in German classics and in Harvard classics; von Humboldt, W., ‘Æsthetische Versuche: Hermann und Dorothea’ (1799); Hehn, V., ‘Ueber Goethes Hermann und Dorothea’ (1893).


text: Author:Ewald Eiserhardt

title: Author:Ewald Eiserhardt


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The Encyclopedia Americana (1920)/Hermann

HERMANN, Mo., a town in Roark Township, the capital of Gasconade County, on the south bank of the Missouri River, here crossed by a bridge, 81 miles west of Saint Louis, and on the Missouri Pacific Railroad. It is in a grape-vine-growing region and manufacturers wine, beer, flour, tools and cigars. Pop. 1,700.


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The Encyclopedia Americana (1920)/Tesla, Nicola

TESLA, tĕz'lä, Nicola: b. in Smiljan, province of Lika, Austrian Croatia, in 1857; early education in Gospich; graduated from Real Schule, Karlstadt, in 1873; studied at Polytechnic School, Gratz, capital of Croatia, with the intention of becoming a professor of mathematics and physics, but became interested in electricity and took up and completed an engineering course. He afterward studied philosophy and languages at Prague and Budapest, keeping up meantime his electrical and engineering studies. For some time he was employed in the government telegraph engineering department as an assistant and while there invented several improvements which attracted notice. Then he became engineer for a large lighting company in Paris and next turned his attention to the United States as a promising field for electrical talent and experience. Here he formed a connection with the Edison Company at Orange, N. J., but gave up this engagement in order to be entirely free in his electrical work. He has made himself well known by his many practical inventions and the boldness and brilliancy of his ideas as to the possibilities of electrical science. These ideas, which have aroused widespread interest, have also in some degree diverted attention from the many useful contributions of Tesla to the world's fund of scientific achievement, most of which have been developed in the Tesla laboratory in New York, which he established for the purpose of independent electrical research.

Tesla's researches in electrical oscillation created a new field of electrical investigation, the full possibilities of which have by no means been exhausted. He was the first electrician to conceive an effective method of utilizing the undulating current, converting electrical into mechanical energy more simply, effectively and economically than by the direct current. He invented the modern principle of the rotary

magnetic field, embodied in the apparatus used in the transmission of power from Niagara Falls. He has also invented many new forms of dynamos, transformers, induction coils, condensers, arc and incandescent lamps, the oscillator combining steam-engine and dynamo, etc. Consult Martin, T. C., ‘Inventions, Researches and Writings of Nicola Tesla’ (1894) and the files of electrical trade journals.


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Fitzgerald his servant Bartholomew Fitzgerald, he obtained a small vessel in which he hoped to effect his escape ; but owing either to the unskilfulness of the sailors, or the contrariness of the winds, he was driven ashore near Clontarf, whence he hastened to the neighbouring village of Tartaine (Artane) to the house of a Mr. Hothe. On the following day, 28 July, a little before dawn, Offaly, accompanied by his uncles, John and Oliver Fitzgerald, and James Delahide, arrived on the spot, when, it is said, he ordered the trembling wretch to be brought before him, and then commanded him to be led away. But his servants, either misunderstanding or disobeying him, slew him on the spot. Whether Thomas was privy to the murder it is impossible to say ; but it is certain that he shortly afterwards despatched his chaplain to Rome to obtain absolution for the crime (v. R. Reyley's Examination, State Papers, Hen. VIII, ii. 100, and, Cal. viii. 278, Dr. Ortez to Charles V). Meanwhile he had been endeavouring by every means within his power to strengthen his position. On 27 July, Dublin Castle, his chief object, was besieged, and those of the nobility who declined to take an oath to support him clapped in the castle of Maynooth. His overtures to the Earl of Ossory were rejected with scorn by that astute and prudent nobleman, who, shortly after his return from England in August, created a diversion by invading and devastating Carlow and Kildare. But an attempt made by his son, Lord James Butler, to surprise Offaly recoiled on his own head, and he was only rescued from his dilemma by the news that the citizens of Dublin had turned on the besiegers of the castle and made prisoners of them. Having concluded a short truce with him, Offaly marched rapidly on Dublin. An assault made by him on the castle was repulsed with loss, and in a gallant sortie the citizens succeeded in completely routing his army. He himself narrowly escaped capture, being obliged to conceal himself in the Abbey of Grey Friars in Francis Street. On the same day Sir William Skeffington and an English army set sail from Beaumaris ; but encountering a storm in the Channel were driven to take shelter under Lambay Island. Intending himself to sail to Waterford, he allowed Sir W. Brereton, with a portion of the fleet, to make for Dublin, and shortly afterwards landed a small contingent near Howth to support him by land. It was, however, intercepted by Offaly, who thereupon retired to his principal fortress of Maynooth. During the winter Skeffington remained idle, but about the middle of March he concentrated his forces about Maynooth, which he carried on the 23rd an important event from a military point of view (, Hist. of England, ii. 317). The garrison, including the commandant Parese, who was charged by the Irish, but on insufficient evidence, with having betrayed the place, were with one or two exceptions put to the sword. The 'Pardon of Maynooth' practically determined the fate of a rebellion which at one time threatened to prove fatal to the English authority in Ireland. Offaly, or as he was now, since the death of his father (though Stanihurst roundly asserts that he never obtained recognition of his title), Earl of Kildare, who was advancing to the relief of the place with seven thousand men, saw his army 'melt away from him like a snow-drift.' Still he ventured to risk a battle with Brereton near the Naas, but was utterly defeated, and obliged to seek shelter in Thomond, whence he meditated a flight into Spain. From this he was dissuaded by O'Brien, with whose assistance and that of O'Conor Faly he managed for several months to keep up a sporadic sort of warfare. He had married Frances, youngest daughter of Sir Adrian Fortescue, but he now sent her into England, declaring that he would have nothing to do with English blood. Seeing his fate to be certain, his allies submitted one by one to the government. On 28 July Lord Leonard Grey arrived in Ireland, and to him he wrote from O'Conor's Castle, apologising for what he had done, desiring pardon 'for his life and lands,' and begging his kinsman to interest himself in his behalf. If he could obtain his forgiveness he promised to deserve it ; if not he 'must shift for himself the best he could.' He was still formidable, and to reject his overtures might prolong the war indefinitely. Acting on his own responsibility, Grey guaranteed his personal safety, persuaded him to submit unconditionally to the king's mercy, and a few weeks after his arrival had the satisfaction of carrying him over into England. For a few days he was allowed to remain at liberty, but about the beginning of October was sent prisoner to the Tower. 'Many,' wrote Chapuys,' doubt of his life, although Lord Leonard, who promised him pardon on his surrender, says that he will not die. The said Lord Leonard, as I hear, has pleaded hard for his promise to the said Kildare, but they have stopped his mouth, the king giving him a great rent and the concubine a fine chain with plenty of money. It is quite certain, as I wrote last, that the said Kildare, without being besieged or in danger from his enemies, stole away from his men to yield


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The New International Encyclopædia/Teschen

TESCHEN, (Pol. Cieszyn). A town of Silesia, Austria, 63 miles west-southwest of Cracow, on the right bank of the Olsa (Map:, F 2). It was formerly the capital of the Duchy of Teschen. It has manufactures of modules, carriages, clocks, screws, and furniture. There are also breweries, distilleries, flax-spinning mills, and book-binderies. Teschen is celebrated for the peace, May 13, 1799, which closed the War of the Bavarian Succession. Population, in 1900, 20,454.


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Fitzgerald united himself with the head of the discontented party in Ireland, O'Brien of Thomond. Naturally the government, which had just suppressed the rebellion of Thomas, earl of Kildare, could not brook such insolence, and accordingly on 25 July the lord deputy, Grey, marched against him, and having come to the border of Cashel encamped in the field three days expecting his coming, as he had promised the chief justice, with the intention of separating him from O'Brien, 'so as we might have entangled but with one of them at once.' Not keeping his appointment, the deputy marched forward and took possession of his castle in Lough Gur, the doors and windows of which had been carried away and the roof burnt by the rebels themselves, which was then entrusted to Lord James Butler, who made it defensible. But Fitzgerald had no intention of imitating his unfortunate kinsman Thomas, earl of Kildare, and, although he refused to place his person within the power of the deputy, 'he showed himself in gesture and communication very reasonable,' offering to deliver up his two sons as hostages for his loyalty, and to submit his claims to the earldom to the decision of Lord Grey. Though renewed in December nothing for the nonce came of the proposal. ' And as far as ever I could perceive,' wrote Grey to Cromwell in February 1537, 'the stay that keepeth him from inclining to the king's grace's pleasure is the fear and doubt which he and all the Geraldines in Munster have in the Lord James Butler, both for the old malice that hath been betwixt their bloods, and principally for that he claimeth title by his wife to the earldom of Desmond' (State Papers, Hen. VIII, ii. 404). Grey argued in favour of the acknowledgment of his claims, and in August Anthony St. Leger, who was at the time serving on the commission 'for the order and establishment to be taken and made touching the whole state of Ireland,' was advised by Cromwell 'to handle the said James in a gentle sort.' Accordingly on 15 Sept. he was invited to submit his claims to the commissioners at Dublin ; but suspecting their intention he declined to place himself in their power, though signing articles of submission and promising to deliver up his eldest son as hostage for his good faith. The negotiations continued to hang fire. In March 1538 the commissioners wrote that 'he hath not only delivered his son, according to his first promise, to the hands of Mr. William Wyse of Waterford to be delivered unto us, but also hath affirmed by his secretary and writing all that he afore promised' (ib. p. 550). Nor was he without good reason for his cautious conduct. The Ormonde faction in the council, violently opposed to Grey and St. Leger, were assiduously striving to effect his ruin by entangling him in rebellious projects. In July 1539 John Allen related to Cromwell how the 'pretended Earl of Desmond' had confederated with O'Donnell and O'Neill 'to make insurrection against the king's majesty and his subjects, not only for the utter exile and destruction of them, but also for the bringing in, setting up, and restoring young Gerald (the sole surviving scion of the house of Kildare) to all the possessions and pre-eminences which his father had ; and so finally among them to exclude the king from all his regalities within this land' (ib. iii. 136). In April 1540 the council informed the king that 'your grace's servant James Fitzmaurice, who claimed to be Earl of Desmond, was cruelly slain the Friday before Palm Sunday, of unfortunate chance, by Maurice Fitzjohn, brother to James Fitzjohn, then usurper of the earldom of Desmond. After which murder done, the said James Fitzjohn immediately resorted to your town of Youghal, where he was well received and entertained, and ere he departed entered into all such piles and garrisons in the county of Cork as your majesty's deputy, with the assistance of your army and me, the Earl of Ormonde, obtained before Christmas last' (ib. p. 195). Ormonde was sent to parley with him, but he refused to trust him. On the arrival of St. Leger, as deputy, however, he again renewed his offer of submission, and promised, upon pledges being given for his safety, to meet him at Cashel. This he did, and on bended knees renounced the supremacy of the pope. 'And then,' writes St. Leger, 'considering the great variance between the Earl of Ormonde and him, concerning the title of the earldom of Desmond ... I and my fellows thought it not good to leave that cancer remain, but so laboured the matter on both sides, that we have brought them to a final end of the said title.' St. Leger assured the king 'that sith my repair into this your land I have not heard better counsel of no man for the reformation of the same than of the said Earl of Desmond, who undoubted is a very wise and discreet gentleman,' for which reason, he said, he had sworn him of the council and given him 'gown, jacket, doublet, hose, shirts, caps, and a riding coat of velvet, which he took very thankfully, and ware the same in Limerick and in all places where he went with me' (ib. p. 285). By such conciliatory conduct did St. Leger, in the opinion of Justice Cusack, win over to obedience the whole province of Munster (Cal. Carew MSS. i. 245). In July 1541 he was appointed chief executor


text: Author:Thomas Somerville

title: Author:Thomas Somerville


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Fitzgerald of the 'ordinances for the reformation of Ireland' in Munster, and in token of the renunciation of the privilege claimed by his ancestors of not being obliged to attend the great councils of the realm, he took his seat in a parliament held at Dublin. In June 1542 he visited England, where, being admitted to the presence of the king, he was by him graciously received, his title acknowledged, and the king himself wrote to the Irish council 'that the Earl of Desmond hath here submitted himself in so honest, lowly, and humble a sort towards us, as we have conceived a very great hope that he will prove a man of great honour, truth, and good service.' Nor did he, during the rest of his life, fail to justify this opinion. On 9 July 1543 he obtained a grant of the crown lease of St. Mary's Abbey, Dublin, 'for his better supporting at his repair' to parliament. By Edward VI he was created lord treasurer on the death of the Earl of Ormonde (patent 29 March 1547), and on 15 Oct., when thanking him for his services in repressing disorders in Munster, the king offered to make a companion of his son. During the government of Bellingham he was suspected of treasonable designs, and having refused a peremptory order to appear in Dublin, the deputy swooped down upon him unexpectedly in the dead of winter, 1548, and carried him off prisoner. He was soon released and continued in office by Mary. In the summer of 1558 he was attacked by a serious illness, and died at Askeaton on Thursday 27 Oct. He was buried in the abbey of the White Friars, Tralee. 'The loss of this good man was woful to his country ; for there was no need to watch cattle, or close doors from Dun-caoin, in Kerry, to the green bordered meeting of the three waters, on the confines of the province of Eochaidh, the son of Lachta and Leinster' (Annals of the Four Masters). He married four times : first, Joan Roche, daughter of Maurice, lord Fermoy, and his own grandniece, for which reason she was put away, and her son, Thomas Roe (father of James Fitzthomas Fitzgerald, the Sugan Earl [q. v.]), known as Sir Thomas of Desmond, disinherited ; secondly, More, daughter of Sir Maolrony McShane O'Carroll, lord of Ely O'Carroll, by whom he had Gerald, his heir, also John and four daughters she died in 1548 ; thirdly, Catherine, second daughter of Piers, earl of Ormonde, and widow of Richard, lord Power she died at Askeaton, 17 March 1553; and fourthly, Ellen, daughter of Donald MacCormac, MacCarthy Môr, by whom he had a son, Sir James-Sussex Fitzgerald, and a daughter, Elinor. [State Papers, Hen. VIII, vols. ii. and iii. ; Lodge's Peerage (Archdall); Ware's Annales; Stanihurst's Chronicle; Cal. Carew MSS. vol i.; Hamilton's Cal. vol. i.; Liber Hiberniæ, ii. 41; O'Clery's Book of Pedigrees, Kilkenny Arch. Soc. Journal, 1881, p. 413.]  FITZGERALD, JAMES , thirteenth (d. 1540), was the son of Maurice Fitzthomas, only son and heir-apparent of Thomas, twelfth earl of Desmond, and Joan, daughter of John Fitzgibbon, the White Knight. Immediately on the death of his grandfather, Thomas, twelfth earl, in 1534, the succession was disputed by John Fitzthomas, brother of the twelfth earl, and fourth son of Thomas, eighth earl [q. v.] on the ground of the invalidity of the marriage of Maurice Fitzthomas with the daughter of the White Knight. Whether it was so or not was never determined, but John Fitzthomas having taken forcible possession remained earl de facto during his life, and after his death in 1536 the earldom was seized by his son James, fourteenth earl [q. v.], the title being cleared by the 'accidental' death of James Fitzmaurice, thirteenth earl de jure, at the hand of Maurice à totane, brother of the fourteenth earl. Lodge, who correctly describes James Fitzmaurice as thirteenth earl, incorrectly states that he was succeeded by his uncle, John Fitzthomas, which was impossible, John having died in 1536. This alteration makes Lodge's fifteenth and sixteenth earls, fourteenth and fifteenth respectively (cp. Unpublished Geraldine Documents, edited by Hayman and Graves, pt. ii. pp. 103-17). James Fitzmaurice, thirteenth earl, being in England at the time of his grandfather's death was, at the suggestion of the Irish council, who had their own purposes to serve (State Papers, Hen. VIII, iii. 106), allowed to return home, being 'sufficiently furnished with all things fitting and necessary for such a journey and enterprise' by the bounty of the king. Landing at Cork, he was proceeding through the territory of Lord Roche, when he was waylaid and slain by Sir Maurice of Desmond on 19 March 1540 (ib. p. 195). He married Mary, daughter of his great-uncle, Cormoc Og MacCarthy, but had no male issue (, Peerage, Archdall). She remarried Daniel O'Sullivan Mor, and died in 1548. [Authorities cited above.]

FITZGERALD, JAMES (d. 1579), 'arch traitor,' was the second son of Maurice Fitzjohn à totane, i. e. of the burnings, and Julia, second daughter of Dermot O'Mulryan of Sulloghade, co. Tipperary, nephew of James, fourteenth, and cousin of


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The New International Encyclopædia/Tesla, Nikola

TESLA, Author:Nikola Tesla (1857—). An inventor and electrician, born in Croatia, Austria. After a course in the schools of his native province, he studied engineering at Gratz to prepare himself as a professor of mathematics and physics, but becoming interested in electricity, he devoted himself to the study of engineering. He worked in the telegraphic engineering department of the Austrian Government until 1881, where he was engineer to an electric company. He then came to America and found employment for a while with the Edison Company at Orange, N. J. Subsequently he devoted himself to experimental research and invented much improved apparatus. He devised the principle of the rotary magnetic field, which made possible the transmission of power by means of the alternating current, particularly on long-distance lines, a system since extensively employed. He is the inventor of various electrical appliances, including dynamos, transformers, induction coils, oscillators, and arc and incandescent lamps, but is principally known for his researches in the matter of alternating

of high frequencies and very high potentials.


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The New International Encyclopædia/Hermann, Count of Wied

HERMANN, Count of (1477-1552). Archbishop and Elector of Cologne, born at Wied.

He was elected Archbishop of Cologne in 1515, and supported the claims of Charles V., whom he crowned at Aix-la-Chapelle in 1520. The next year, at the Diet of Worms, he strongly opposed heresy, and endeavored to have Luther declared an outlaw, in spite of the fact that he himself was striving to bring about a reform, though within the Church. In 1542 he became an advocate of the new teachings, and in consequence was outlawed by the Emperor and banned by the Pope. The Emperor then secured the election of Adolf of Schaumburg to the Archbishopric, and Hermann withdrew to his Earldom of Wied, where he died a few years later. Consult Varrentrapp, Hermann von Wied und sein Reformationsversuch in Köln (Leipzig, 1878).