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the evidence in the case, and left no material point untouched. It took four hours and a half in the delivery, having been begun at a quarter before rine, and having ended at a quarter past one. He was followed by the other counsel upon both sides, the general reply being of course left to the lessor of the plaintiff.
On the twelfth day of the trial the judges delivered their charges; that of the Chief Baron was cautious, dignified and impartial. Barons Mountney and Dawson took opposite views, the former giving what was almost a direction to the jury to find for the lessor of the plaintiff, while the latter leant strongly in favour of the defendant. At length the jury retired. They were absent for two hours, and at the end of that time returned with a verdict for the plaintiff. We do not know if at the period the public was as much in the habit of giving expression to its feelings on the issue of a trial, as it has been on some occasions of late. Certainly if it was, we should be very much surprised if the walls of the Court of Exchequer were not made to ring with a cheer of applause at the verdict which was handed down. For our own parts, after reading over this strange old trial, we acknowledge that all our sympathies are with the lessor of the plaintiff, and that we have a conviction of the truth of his wild and romantic story. It is curious, however, that notwithstanding his success, be left his uncle in the enjoyment of his title, and to the day of his death never assumed any appellation than that of James Annesley, Esq. Whether any private compromise was entered into, or whether he feared the further investigation which would have preceded his admission to the House of Lords, we know not, but so the fact is. He died in England in 1760.
responsibilities,—but still there is a respite. The current of human existence runs for six days over rocky rapids, or between narrow banks,-its surface is broken, or its velocity is increased; but on the seventh, it glides with noiseless and almost imperceptible movements in a placid channel, deep and expanded. I love, on such a day, to see the face of society assume even a temporary smile, and to mark the occasional indications of enjoyment, in relaxation from toil and relief from the cares of worldly pursuits. I know not whether I have been too poetic, or too prosaic, in attempting to express my love for a Sunday saunter ; but, however, I had one on Sunday last, when, with a friend, I betook myself along the splendid line of quays, and emerged from the smoke of Dublin at the noble institution, doomed, I fear, soon to yield to the attacks of a centralizing policy—the Royal Hospital at Kilmainham.
My friend Jack Vickers, when we reached the farther end of the avenue issuing forth on the Circular road, remarked that the door into the grounds so long used as a public cemetery was open, and suggested that we might as well go in and view the present state of that extraordinary place known so long as “Bully's Acre," or the “Hospital Fields,” and in which so many Irish worthies were deposited, from the days when Brien Borhoime defeated the Danes, and died victorious, to the period when Daniel Donnelly wrested the palm of pugilistic prowess from an English competitor. It was a most extraordinary place indeed; for, devoted to the interment of the dead, their rest was seldom undisturbed, and it formed an exception to the general rule of the grave being “the bourne from which no traveller returns," as, in most instances, the corpse which was “ trenched in" amidst sorrowing friends and moralizing acquaintances in the day, was most unceremoniously pulled out again at the “ witching hour of night,” and jolted into town for the purpose--as the late Professor Macartney said- of “ extending its utility beyond the mere term of life, and affording the means of increased knowledge to those who survived it;" or, as the vulgar notion was in my childhood, to be made an ottamy" of, and have its fat turned into “spermaceti,” and its bones “ biled into castor oil."
I entered the “ Hospital Fields" with Jack : we encountered only an old soldier and a young dog—the former very civil, the latter very snappish. The grass had grown, and withered, and grown again, only to rot like the festering remains of decayed mortality beneath ; some shrubs had been planted, but they appeared ill chosen and ill thriven ; and, amidst stones partly concealed by the decayed herbage, and holes made for shrubs which had never been planted, we picked our steps to the centre, and sat down on the remains of a monument which, if it had been erected to puzzle posterity, has fully answered the expectation of its architect.
And here we sat for some time in silence, not saddened, not subdued by the memories of the past, but quietly contemplating the prospect that lay before us. Directly below were the splendid buildings appropriated
THE DENTIST'S SPADE.
A TRUE TALE.
BY F. T. PORTER, ESQ., J.P. I LIKE a Sunday walk : perhaps I enjoy it more for the marked contrast it presents to a week-day stroll; but a Sunday walk, in any tolerable weather, with any tolerable companion, is a great treat. On you go through the city to the nearest point where you can emerge into the suburbs, and, on your way, you meet not the disagreeable people whom you have to encounter on week days. You may meet with care-worn aspects,—you may be importuned by vagrant mendicancy,—but you cannot almost read in the faces of those who pass you by, their individual anxieties. On a week day, especially on the fourth day of the month, it is a penance for your sins to mark the countenances of those you meet. The runners of the Banks would lead you to suppose that there were more “ Wandering Jews” than ever romance conjured into a fancied existence; and every other being on whom your eye glances, plainly indicates his business of paying, or being paid. But on Sunday, the devotional exercises peculiar to the day seem to leave a visible influence on the countenance: there is peace and rest, perhaps a very short respite from toil and its fatiguesfrom avarice and its cravings-from poverty and its
to the passenger and goods traffic of the Great Southern undertaking. All was arranged, and we drove out to Railway ; and an engine, a fit emblem of human am- this place, left our cars at a little distance, and entered bition, was fuming, “impatient of delay," and anxious, the ground, determined to work silently and quickly. apparently, to lead the train which would follow o'er However, our volunteer friend had provided himself with the smooth and easy track, but at once leave its leader, bis brother's spade, and certainly used it with wonderor its leader leave it, as soon as rough or difficult obsta- ful dispatch, although not so noiselessly as might be cles were met; whilst, beyond, we had the varied and wished. But we had been watched—we were seen enundulating surface of the Phoenix Park, and the rich tering the cemetery, and a body of men, armed with country around it, to behold and admire. I am not every rough weapon that anger
suggest, came sudabout to attempt even a faint description of the scene; denly upon us. We had to retreat, and made a running but I would suggest that if any of my readers wish to fight until we reached the wall, and there our volunteer have a fine view of the conjoined effects of Nature and associate was attacked by a man who, with fearful imArt, they should seek an opportunity of feasting their precations, declared he would have his life.' Blows eyes from the old cemetery of the Royal Hospital. were quickly interchanged, the combatants closed, ani
After a time I sighed, for I was sentimental ; Jack a fierce struggle occurred, which was terminated by our Vickers whistled, for he was careless; the old soldier associate urging his antagonist to the wall, and very coughed, for he was asthmatic: and the dog snarled, speedily pitching him over ;—the depth at the other for he was cross and suspicious. I broke silence and a side was at least ten feet, although where the encounter biscuit, Jack produced a sandwich box and a pint flask occurred, was only a foot or two lower than the wall top. of Madeira, and we became suddenly inspired with the The man fell, exclaiming that he was murdered ; he utmost good humour. We shared our luncheon with the groaned heavily, and we succeeded with great difficulty, old veteran, and even the dog was not entirely forgotten, and not without some severe bruises from sticks and although he seemed inclined to take a bit off my finger stones, in effecting an escape from a scene where we along with a morsel which I offered him ; and, as we felt almost fully convinced we had left a warm corpse in .were not disposed to depart very quickly, I commenced our attempt to obtain a cold one. questioning the soldier about the former uses to which “ On reaching Dublin I accompanied my associate 10 the place had been applied. From him I received little the house of his brother, the dentist, who was greatly or no information : his dead had been buried not in alarmed at our appearance, and still more at our narra"Hospital Fields,” but had been hastily inearthed upon tion of the adventure. When it was concluded, he the Peninsular fields where they fell; and the place was eagerly asked where was the spade? and on being apbeginning to become dull and uninteresting, when Jack prised that it had been left in the cemetery, he exclaimed Vickers exclaimed, “We had a very stirring row in that we would all be hung, or at best transported. "I that corner next the gate one evening, when I was ap- knew,' said he to his brother, that you would get your
self into an infernal scrape sooner or later, and now your Jack had been a medical student in his youth-neither only chance is to set off on foot, and make your way to he nor I are boys now---and it needed but slight interro- Naas. I shall have an inside seat taken in the Limerick gatives to draw from him the narrative of his adven- day-coach for a gentleman who will get in there ; make ture.
your way to Limerick, and we will try and manage a “ At the time,” said he, " when I was an apprentice, passage for you to get abroad from some southern port." we had generally to provide our own subjects, or to pur- Arrangements were made with brief despatch, our comchase them, at a very high price, from men who fol- panion departed, and the dentist retired to an uneasy lowed the calling of “sack-'em-ups ;” and as money bed, perplexed by fears of coroner's inquest, wilful murwas occasionally scarce, we used to form parties for the der, hue and cry, apprehension, trial, conviction and expurpose of invading this and other burial grounds, and ecution of his unlucky brother. exhuming the bodies. I was then acquainted with a Next morning, he had scarcely finished his breakfast dentist, who was fast getting into a reputation which when he was apprized that M'Donough, the peace has since become second to none in Europe ; and he had officer, required to see him. The dentist admitted the a brother who, with every manly and generous tendency, unwelcome visitant, and was informed that Alderman possessed a very strong inclination for anything that de- Darley and Major Sirr had directed M‘Donough to innoted enterprise or promised excitement. The dentist, sist on the immediate presence of the dentist at the Mr. -- had taken a country residence, and for his head police-oflice, and also to prevent any communicawhim or amusement, he went into a shop in Kennedy's tion between bim and any other person before he reached lane, and purchased a small garden spade; and, having the office. There was no further explanation, and ingiven his address, the seller wrote the name and resi- deed the denti-t was pruleut enough to refrain from dence on the handle of the implement. The spade was any question beyond asking if he might take a car. sent home, and upon the same day a party was orga- 'This was at once acceded io; and as the peace-officer an! nized, of which I constituted one, to visit the cemetery his quasi prisoner were geiting on the vehicle, a woman and disinter two or three bodies which had been buried rapidly approached and screamed forth the dentist's that morning. I mentioned to Mr. 's brother the
Ile a:cribed this circumstance to the grief or project we had formed, and he eagerly joined in the re: entinent of a bereaved widow or sister, who beheld
in him one of the murderous authors of her misery ; but “Why Major,” said the dentist, taking courage, the car rapidly drove off, and the police-office was don't think you will be quite free of them in a hurry, reached without any further incident or interrup.ion. and if you were, there would be little use in police-offices,
The office was crowded, and at the table, amongst and magistrates, and peace-officers; but I'd like to know sereral other attornies, was seated the late Mr. William who is the acceptor of this darling bill, for by GM, I'll Hall. He and the dentist were acquainted, and a salute make him pay it if I can.” passed, as the latter took his seat before the bar, very near “Fie sir !” said the major, “it is plain that a mistaken Mr. Hail. The magistrates were in their private room, lenity has led you to adopt a forgery, and I only hope engaged in some conference or consultation, and after that there may be more of them in circulation, for now the lapse of a minute or two, the dentist ventured a having paid one, you cannot refuse the others; and az it word to Mr. Hall,
is, I have a strong inclination to fine you for irreverent “This is a very unpleasant business, Billy."
and blasphemous swearing.” “Very annoying indeed,” replied the other; “I have “Don't mind it, yer worship," said the dentist, “I not met a more unpleasant atfair for some time." won't swear any more; but when I get out of this, I think
“ Billy, would a little money be of any avail?” I'll curse a bit."
“Why, my dear fellow, don't you know that thirty lle departed, having paid his thirty pounds for a pounds would put an end to it altogether.”
forgery of his own name, and had no consolation beyond “ Thirty p unds ! dva't say another word, here's the discoveriog, which he did very soon, that the fellow who mopey. I depend on you that all will be right, but had been thrown over the wall was not dead, nor even are you sure that thirty pounds will do ?”
materially injured, and had taken bis beating without The magistrates entered, and Billy Hall immediately making much noise about it, once it was over. The proceeded to express his great gratification, that it spade had been found by some poor vagrant, who sought would not be necessary to go any further with the qnietly to dispose of it. The brother was brought charge then perding before them. "In fact," said the home again, and the dentist was forced to acknowledge, wortby attorney, “it is impossible to prosecute the case amongst his bantering associates, that the spade bad further, for the respectable gentleman, whose name vas turned up “a trump" for the forger. alleged to have been forged, has paid the bill, and it is now only necessary for me to bani it over to him, in your worships' presence."
With these words he delivered a bill of exchange for thirty pounds to our friend the dentist, who found bis
NOCTES LOVANIENSES. bame written as drawer upon it, in a manner closely resembling bis own signature. Evidently surprised, he
O'Neill's letter to James I.-Carr Earl of Somersetexclaimed that he thought he had been sent for on
Camden's Annals--The Spanish Armada--Lord Deputy
Fitzwilliam-Archbishop Loftus--Execution of Hugh another matter.
Gaveloc-Monastery of Adare. “What other matter, Sir ?" enquired Major Sirr. "Oh nothing, nothing Sir," said the enraged but fearful Two evenings after the obsequies of the young page, dentist, who felt that an explanation which would relieve Father Mooney and his colleague Purcell were seated in him from the liability just incurred, might involve his the little library talking over the event which had spread brother in an accusation of dreadful import.
consternation through all Brussels, and hazarding various "Perhaps," said a peace-officer, “the gentleman knows conjectures anent the motives which might have led to something about a spade which we have below. We the commission of such a fearful crime. stopped a young vagabond pledging it on the Coombe, “For the present,” observed the Provincial, “the whole and it appears quire new. There was a name and affair is shrouded in darkest mystery, but I trust that direction on the bandle, but tče fellow scraped it almost Providence will sooner or later overtake the murderer, entirely out. We have found, however, on enquiry in and hold him up to the execration of all mankind. For Kennedy's lane, that this gentleman bought such a spade my own part I am convinced that the atrocity was inat Bryan Murplıy's the day before yesterday.”
stigated by some of those who bore a deadly hatred to "That spade, " replied the dentist, “is gone from Dublin. the great earl of Tyrone, and who at present bave It was bought for a friend, and is forty miles away by an interest in his plundered domains.” this time."
“ But father,” asked Parcell," what could the unler“ Then what other business were you thinking of ?” takers or planters, as they are styled, have to apprehend resumed the inquisitive major,
from a mere stripling, like poor
ill-fated “ Perhaps," suggested the worthy alderman, "his Surely King James, the crowned pedant who now anxiety refers to the young woman from Dolphin's Barn, reigns, never entertained a thought of restoring Tyrone who is charged with concealing the birth of her infant, even to a portion of his vast estates !” and who so obstinately refuses to tell who is its father.” Strange as it may seem to you,” replied the Pro
“ Alas for the depravity of man," said the Major ; vincial, ” some of the undertakers did fearthat King James “shall we never be free from vice and its consequences, would reverse the outlawry, and call back Tyrone to Iresin and sorrow, crime and punishment !"
land. As you may not be aware of the fact, I may as well
you that there was a negociation afoot for Tyrone's mind, it was insatiable, equal to any sort of state craft, recall from Rome, and that James's prime favorite, skilled in warfare, and profoundly versed in dissembling, Somerset, encouraged the voble exile to memorial the so much so, that most people regarded him as born king for an act of oblivion and indemnity. Tyrone either for the great weal or the great woe of his counadopted the minion's suggestions, and just three years try.'” ago, wrote to the the King, statiug that he had given " You have read quite enough to convince me," inno other cause of just indignation, than leaving the terrupted the Provincial, “that Camden, of whom I royal dominions without licence, having been thereunto never beard before, is a plagiarist, or, as the adage has constrained by unjust vexations, and sundry oppressions it, a beggar dressed in stoleo clothes. Without preof some of his majesty's miuisters.'* 'Tis likely enough tending to a very extensive acquaintance with clasthat such an appeal to mercy might not have altogether sics, I remember the same description of Catiline in Salfailed had Somerset continued in James's favour : but in lust, and it seems to me that in this particular instance the following year the murder of Sir Thomas Overbury, Camdep hath appropriated another man's words. Doubtin which the minion and his countess were accomplices, less the description is fair enough ; but anent that and for which both of them would have been sent to power of dissembling, which I do not gainsay, I will the block, had they not possessed some secret seriously merely observe that Tyrone acquired it in the school of affecting the royal character, put an end to all corres- Burghley and Cecil, who were masters of the craft; pondence between the king and the Earl of Tyrone. then, again, 'tis said that dissimulation is the art of The latter died last year; and, although his brother kings, and that he who does not know how to dissemCormac is now a prisoner in the Tower of London, 'tis ble is not fit to reign. So thought the great Emperor, not uulikely that the good offices of our Archdukes, Charles V.; and assuredly Hugh, Earl of Tyrone, was Ferdinand and Isabella, would have been employed in for a time a true sovereign in his own principality. As behalf of him and his lamented nephew. Intervention for the insinuation that he hanged Gaveloc with his of the sort would not have been slighted, and it is for own hands, 'tis absolutely false, and I suspect that Camthis reason I conjecture that the young lad's death was den was indebted to Sir Nicholas White, Master of the compassed by some of those undertakers, as they call Rolls in Ireland, for the information he has left on rethemselves, who have an interest in his forfeited estates. cord. Indeed the said White wrote to Burghley, the Be that as it may, I pray God to avenge the blood of High Treasurer, that Tyrone did hang Gaveloc with his slaughtered innocence.”
own bands, when he could get no other to do it ; nay, “Withal, father,” resumed Purcel, “’tis difficult to and that he refused a ransom of 300 horses and 5,000 imagine that the king's pardon would ever have been cows for the unfortunate man's life. This I had from extended to Tyrone ; for, apart from the war of ten Tyrone himself; but as you have alluded to the unforyears which he waged against the English, the greatest tunate Armada, I will premise some facts that may not of their historians has charged him with an act which have come to your knowledge, as you were in Italy lowers him to the level of a valgar hangman. Accident when they occurred.—At the time when the Spanish bas just thrown into my hands a Latin work by one ships were wrecked on the northern and western coast William Camden, entitled ' Aunals of England and Ire
of Ireland, Fitzwilliam, the Lord Deputy, and Adam land during the reign of Elizabeth,' and I find that this Loftus, the queen's archbishop of Dublin, distinguished very elegant and erudite author describes Tyrone in the themselves in a manner that I think should not pass anmost odious colours. Let me read the passages, for I noticed. The deputy, who was the most sordid man have no doubt that you will criticise them fairly. Wri- that ever held that high office, lost no opportunity of ting of the events of 1589, he says, “ Hugh Gaveloc (so making a profit of it, and no sooner did he learn that called because he was a long time a chained prisoner), some of the crews of the Spanish vessels had been saved the natural son of Shane O'Neill, accused Hugh, Earl of in Galway bay and in Innishowen, than he marched Tyroue, of holding treasonable parleys with certain with a considerable force to the antient City Spaniards, who were thrown on the Irish coast in the of the Tribes, where he caused the unfortulate wreck of the Armada. The Earl desiring to escape nate sailors to be arrested and closely searched, for
any the charge, ordered that Gaveloc should be arrested and valuables they might have on their persons.
ΤΙ strangled; but finding that no one could be had to do search however was fruitless, and so sorely disappointed the office of executioner—so great was the respect for was the avaricions deputy, that he ordered two hundred the family of O'Neill—he bimself, it is said, adjusted the of those wretched men to be executed on the hill where rope, and put the unfortunate man to death. A little
the Augustin friars bad their convent. Pursued by the further on, Camden gives us a portrait of the great Earl curses of the people of Galway, who were unable to pre–His body,' says he was capable of enduring hard- vent this cruel butchery, Fitzwilliam hurried on to Innishships, long vigils, and want of food ; and as for his
owen, where, not satisfied with slaying many of the dis-
district, burnt the haggards, and made prisoners of Sir
entertained him sumptuously in bis own house. On in 1615.
arriving in Dublin, O'Doherty was set at large, but the
aged O'Toole was thrown into the castle dungeon, where captains at Dungannon, thus brioging on himself the he died after a long imprisonment.
dark suspicions of the English, and giving Gaveloc It was prec sely at this period that Loftus, the queen's a pretext for accusing bim of initiating a treasonable srchbishop of Dublin, made bis celebrated reply to correspondence with King Philip of Spain. Touching Burghley, the high-treasurer, accounting for what he the manner of Gaveloc's death, however, and the termed the general backwardness in religion, and show- reasons which compelled Tyrone to compass it, ing how it might be remedied. A few extracts from Camden is entirely mistaken; and to show you that remarkable document, of which a copy has fallen how sedulously his enemies laboured to blacken the in:o my hands, will show you how the Archbishop and character of the greatest Irishman of his age, I will the Deputy strove to forward the Reformation. “Your now give you a brief and veritable account of the cirLordship," wrote Loftus, "hath most wisely considered cumstances wbich preceded and accompanied the executhat the sword alone without the word is not sufficient tion. Hugh Gaveloc returned to Strabane early in 1589, to bring the people of this realm from popery—a thing after having spent a year and a half in Scotland, where whereto they are misled over from their cradles. But he met some of the survivors of the Armada, whom I assure your Lordship that unless they be forced, they Tyrone had sheltered in Dangannon. Worming himself will not ever come to hear the word preached, as by into their confidence they unbosomed themselves to him, experience we observed at the time appointed by the and gave a glowing description of the hospitality which Lord-ceputy, for a general assembly of all the noblemen they had received in the earl's house, at the very moment and gentlemen of every county, after her majesty's when Fitzwilliam's soldiers were searching for them along good success against the Spaniard, to give God thawks the coast, from Sligo haven to the headlands of Inishowen. for the same: at which time, although the sheriffs of What the Spaniards may have said of the earl's devotevery county did their duties with all diligence, and edness to King Philip, I have not been able to learn, wained all men to repair to the principal church, where but an intercepted letter dispatched by Gaveloc to the order was taken for public prayers and thanksgivingsdepaty, left no doubt that he intended to impeach unto God, together with a sermon to be preached by Tyrone of high treason, before the privy council. In choice men in every diocese, yet very few or none fact he wro!e that he “had great matters to reveal, almost resorted thereto, but even in Dublin itself which would be more better for her majesty's commonthe lawyers in term time took occasion to leave weal than a thousand pounds," and concluded by “crathe town
on purpose to absent themselves from ving his honor (the lord deputy) not to pardon any man of that godly exercise. It is bootless labour for any great estimation, and specially the man whom the bearer man to preach in the country out of Dublin for want of of the letter was to name, as he was forthcoming for hearers; but in mine opinion this may be easily rime- matters of great importance,” † till lie himself (Gaveloc) died, if the ecclesiastical commission be put in force, had repaired to Dublin Castle. The man to be named and if liberty be left to myself to imprison and fine all by the messenger was the Earl of Tyrone, who, as soon such as are obstinate in popery-nay, and to send such as the letterfell into his hands, resolved to keep close watch of ihern as are able to bear their own expenses to on the movements of the writer. Presuming that he had England, for example's sake. The sooner this course tbus secured for himself the support of the English govof reform ation is begun the better it will prosper,
and ernment, Gaveloc committed several murders and robthe longer it is deterred, the more dangerous it will bries on the people in and about Dungannon, till Tyrone, be.'”*
no longer able to endure such wan'on atrocity, had him “A strange device,” remarked Father Purcell, “ and seized and tried according to the ancient custom in Ulster, assuredly a most cruel mode of propagating a creed. where, as yet, there was no course of English law, judge, Fines and imprisonment for what they termed recu- sheriff, or magistrate, and where, from immemorial time, sancy, were poor arguments for the apostolicity of the each lord of a scpt bad unrestrained power to deal sumnew religion. Nevertheless, Loftus's lament over the marily with evil doers. The Lord Deputy was in Galway failure of bis mission reflecis credit on the Irish Catho- at the time of Gaveloc's arrest, and the Chancellor wrote lics and on the lawyers in particular. "Tis manifest, to Tyrone, entreating him not to put the sentence in too, that the Irish did sympathise with the shipwrecked execution till his lordship had returned to Dublin. Out Spaniards."
of respect to the Chancellor, and yielding to the urgent "Most certainly,” rcsumed the Provincial," and he it instances of his brother Cormac, Tyr ne gave the prirecorded to the honour of the women of Galway, that they soner a respite of fourteen days, on the strict underprovided shrouds and coffins for the mariners so inhu- standing that Bryan, Con, and the re-t of Gaveloc's minly massacred by Fitzwilliam. O'Rourke, of Breffny, brothers, should submit themselves to him, and that one afforded protection to many oi them, nay, refused to of the three should always remain pledge for the other surrender them to Bingham, the queen’s governor in two by turns, and at his choice, stipulating at the same Connaught; and the MacSwynes, of Tirconnel, treated time, that if they failed to perform this within fourteen others of them with their wonted hospitality. As fuj days, then Gaveloc shonld be hung without further Tyrone, he entertained some of their most di nguished delay. Gaveloc, confiding in his brother Con, agreed * The original of this document, dated Dublin, 22nd Sep
to the arrangement, but the latter, setting no value on tember, 1590, is in the S.P.O.
+ Gaveloc's letter in the S. P. O.