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I watched a lot of movies this year. Some of them were really shitty. These were not.
1. Excision (Anchor Bay Films)- Oh, c'mon! You're not at all surprised this is my #1 with a bullet! This year's winner for me, hands down. I've found myself quite smitten with Excision since the very first glimpse I got at the poster. The trailer only furthered that intense compulsion to see the movie. I'm on repeat viewings and I have yet to tire of it. Richard Bates Jr. is an immensely talented writer and director who has catapulted himself into the favor of many-a horror fan's hearts. I am definitely one of those fans. This movie continuously puts a smile on my face…it'll do the same for you.
2. Dear God No! (Big World Pictures)-The indie horror circuit was dealt a hand of awesome when these Georgia based lunatics decided to bring their fucked up ideas to life. Dear God No! is every insane concept the drive-in universe ever birthed into existence. The movie is made better knowing that these fellas live and breathe it. James Bickert and his gang are the real deal. DGN! had our staff tight in the pants and I suspect they will continue to do so with the rest of the sleaze lovers the world over.
3. Beyond The Black Rainbow (Magnet Releasing)-I was so enamored with this movie that I had no feasible words to properly review it with. Literally…I didn't know which angle to take in order to review it! It's this fascinating visual pig-out that just sort of left me spellbound and dumbfounded. Writer/Director Panos Cosmatos constructed a freakish, otherworldly drug dream that calls to mind early Cronenberg, fucked up cartoons, primitive video games and just when you think it's going to zig, it zags long enough to cut your throat. Combining the best visuals I'd seen all year with Jeremy Schmidt's (of Canadian rockers Black Mountain) FLAWLESS score, BTBR transcends genre definitions and fast tracks itself to cult legacy. I reckon this one will be playing at the Alamo Drafthouses of the world for years to come.
4. The Theatre Bizarre (Severin Films)-While I would've been best-suited to view this anthology in the most objective manner possible, my fanboy bias interfered. I love all parties involved with this project. Loads of transgressive film outlaws pooling their morbid ideas into a big fat batch of evil-plain & simple. Everyone from Richard Stanley to Douglas Buck offers up a sacrifice to the horror gods for this one. As each piece unfolds, things get more and more gruesome AND as a result, more entertaining to watch. Our host for the events is the always weird Udo Kier who enacts this odd Grande Guignol-styled performance that is classically his own. I saw several lukewarm reviews of this one that had me scratching my head. Horror is a vast landscape and the contributors to this one are some the standouts in their field.
5. Lovely Molly (Image Entertainment)-If Eduardo Sanchez had followed up Blair Witch Project with Lovely Molly, he very well would be atop the horror mountain today. But no matter what lackluster films have come between his explosive debut and present day, he still constructed a truly creepy movie. In a fashion that appears to be his "thing", Sanchez constructs a story of historical evil that seeks out a weakened soul and it exploits its every fiber. This film intersects at Winter's Bone and Session 9 to deliver an out & out scary movie. It turns down roads one wouldn't expect, balances character development evenly with fright, and ends up accomplishing the rare feat of appealing to both the casual horror fan and seasoned horror lovers alike.
6. Last Days Here ( Sundance Selects)-as we often discover, the horrors of reality are far worse than anything one's imagination could ever dream of conjuring up. Last Days Here is a documentary revealing the life of Pentagram frontman and founder, Bobby Liebling. As a quick explanation for those of you not familiar with Bobby or his musical career, Pentagram's influence on the heavy music underground is unmatched. As Black Sabbath is to heavy metal, Pentagram is to doom metal/stoner rock/occult rock. The main difference? Sabbath made it…Pentagram always fell short. Riddled by an alarming amount of bad luck, coupled with Bobby's crippling heroin addiction, the band never once hit the potential success it most certainly would've had. As time has gone on, Bobby's reputation as a drug addict held greater notoriety than the band itself. The documentary catches Bobby in a near- death state with his only shot at surviving being Pentagram. His friend and manager sinks every last dime and minute he has into trying to save Bobby. If you're at all familiar with the last few years for Pentagram, you know it worked. Still, the long road there is documented in all it's painful glory. As a person who has endless amounts of affection for Pentagram, this documentary plucked some very personal strings for me. I shed some honest tears for Bobby watching Last Days Here. I'm glad he made out it out the other side. Fuck the Rolling Stones…fear Pentagram.
7. God Bless America (Magnet Releasing)-It'd be fair to say that this year, of all years, was the perfect time for a movie like this to be made available to the public. Living here in what was called "The battleground state to end all battleground states", I can safely say that God Bless America spoke to the sentiments of its people. We're fed up. Fed up with celebrity culture, fed up with phony religious idealism, fed up with snide elitists disguised as post-modern hipsters, fed up carbon copy answers, hell, we're just fed the fuck up!! Writer/Director Bobcat Goldthwait is too. So, he made a movie that spells out the "what if" dream scenario in which we, the fed up realists, go on a goddamned killing spree. Make right the wrongs in this world, so to speak. In the process of doing so, he not only (I assume) exorcised some personal demons but handed us a viciously funny, violent, poignant movie that will soon carry the same sort of cult status that Office Space has. God Bless America says what so many wish to and it does it whilst wagging its middle finger in the air.
8. The Cabin In The Woods (Lionsgate)-Very shortly after its release, The Cabin In The Woods was getting it's balls gently handled by every horror fan I know. It proved to be with very good reason. Lining horror conventionalism up in your crosshairs and exposing its irony has been done before, but NEVER in the way TCITW dealt with it. Things were so simple at times, you knew there had to be some complexity we weren't grasping…and that would be the case. The idea that drove this movie is so preposterously awesome, I left the theatre shaking my head thinking "How has this concept eluded the mind of so many brilliant filmmakers?!" It's scary at all the right times, sexy when necessary, and funny when funny is acceptable. It's a perfectly executed horror film that doesn't insult the intelligence of its audience, but rather applauds their faith in the monsters under the bed. Multiple viewings have yet to find me tired of The Cabin In The Woods. I suspect we can add this to the list (along with Trick R' Treat) of movies we'll see our children watching at sleepovers…kids still do that shit, right?
9. Kill List (IFC Midnight)-Jesus Christ, what a movie! I will admit, the first act nearly lost me upon viewing. It was a minimalistic, almost drab character driven flick with no horror in site. But if you hold on for it to hit (and trust me when I say it hits!), you're going to receive a hammer to the face! Kill List is a film you have to be very careful when describing because the third act gets to be so bonkers, you'll give away everything if you try to explain yourself. Just know this: Kill List delivered on all fronts and then leaves its stink to linger in your home. I'd liken it to the the opening 30 minutes of Irreversible in the sense that it builds up, then hurts you, and hurts you badly. A very unconventional direction to tackle a genre film from, but IFC Midnight delivers once again. Do not plan on feeling good afterwards. You weren't meant to.
10. Father's Day (Astro- 6/Troma)-Setting all personal feelings aside about what has gone down between the film's makers and its distributor, I can say with a great deal of confidence that this is a quintessential sleaze film. Every boneheaded thing that you could possibly think of gets tossed into the mixing bowl, but only after it's doused in a healthy amount of blood. Expect to laugh your ass off at the notion that the events taking place were even dreamt up, let alone made into a movie! The folks at Astron-6 have only one thing in mind and that's to keep you as entertained as is humanly possible. Nothing's sacred and nothing's spared…it's all here, ladies and germs. Lots of obnoxious characters living like assholes-just the way we like our exploitation! The Blu-ray package of this is outstanding and worth every penny. You'll thank me for it.
*Honorable mentions: The Raid, V/H/S, Para-Norman, The Innkeepers, The Tall Man, The Weird World Of Blowfly, The Avengers, The Dark Knight Rises*
This wasn't just a year for flicks. No, sir! There was plenty going on on the weirdo side of the tracks. Here's a few other notable things to bring a smile to your face:
1. Horror Television FINALLY doing it right-That's right, folks. Horror is the current TV cash cow. American Horror Story, True Blood, Dexter and the juggernaut known as The Walking Dead were killing in ratings and impress the pop culture impresarios worldwide. You can't go anywhere without spotting something Walking Dead related. It's a wildly popular show that has both fans and detractors lighting up social media every Sunday. Not to be outdone, Ryan Murphy and Brad Falchuk took season 2 of American Horror Story into so many obnoxious directions, it's impossible to not have a soft spot in your heart for this lovable perversion of decency. And of course, Sookie…
Point being, Television is finally getting this whole scare thing right. Love or hate these shows, there's no denying the impact they're having on how television shows are both made and presented to the public. There unafraid to take scenarios to the furthest reaches of acceptability. That in and of itself is worthy of our respect. With any luck, it'll continue. Sidenote: Before you email me or comment on this article that I left shows out, I already know that. This was just to give some solid examples of the shows that are wider in reach, culturally speaking. Todd And The Book Of Pure Evil, Death Valley, Holliston, and the like are all great shows. All definitely worth your time and all great examples of horror's place in mainstream media.
2.The new generation of Occult Rock-Oddly enough, one of heavy music's bastard children emerged from it's evil shadows this year in a big way. Occult Rock is in a full-on resurgence and I couldn't be happier!! Building upon the foundation laid by Black Sabbath, Pentagram, Roky Erickson, Coven, Black Widow, these bands (mostly European) have taken up the flag of the Dark One and set it to some of 2012's best records. Witchcraft, Graveyard, Horisont, Troubled Horse, Uncle Acid & The Deadbeats, The Devil's Blood, Jess And The Ancient Ones, Blood Ceremony, Hexvessel, Year Of The Goat, Orchid, Bloody Hammers all proudly invert their crosses and rock in the name of (some figuratively, other's literally…maybe?). Whether or not any of it's real, one thing is certain: The music is great. These bands put on amazing live shows (I can attest to this firsthand!) and are making waves here in the states as a result. Previously, labels like Rise Above Record and Svart Records were doing their damndest to distribute the music of the bands in their stables, but now with new distribution deals inked via Metal Blade and Nuclear Blast, the European Evil Invasion is easier to get your hands on. Oh, and for all you vinyl snobs, these bands were MEANT to be heard on wax. For proof, pick up the latest Graveyard and Witchcraft releases at your local record shop and you'll see what I mean. These hardworking bands create without compromise and they're finally seeing the results. As a long time fan, I'm glad to see them getting some well-deserved respect in America.
It's been a fantastic year for horror. It's been a fantastic year for The Blood Sprayer family. Friends and alumni of this site have gone on to make their own flicks that are turning out brilliantly. Filmmakers who've become friend of the site, like Chris LaMartina & Jimmy George, hosted brilliant Kickstarter campaigns which in turn will become awesome movies. We feel blessed to be a part of this whole community. And speaking of our community, I want to personally thank all of you for allowing us to be a part of it. I feel blessed that I get to not only see a great movie like Excision, but I also get to cover it and share my feelings with all of you. I love that horror movies still shake us up and that's what leads me to close with this thought: The holiday season was dealt a sobering blow when the shootings in Connecticut hit the news wire. Like all of you, my heart aches for the victims and their loved ones who are left with no real answers. Instead of co-opting the pain of others by grandstanding bullshit, I'm just going to encourage you to rise above the fray. Movie, music, video games…they all bring us joy. They do NOT kill people. They are NOT to blame for the atrocities that are committed throughout the world. If anything, they're the escape. They're the thing we turn to to bring a smile to our face, to inspire us. Now would be a good time to keep that going. So make sure to laugh a little harder this holiday. Hug your loved ones with more intensity than you ever have in the past. Listen to your favorite records, watch your favorite horror movies, eat, drink, and be merrier than you've ever been!!
From my family, from our Blood Sprayer family, I wish you all a happy holiday and hope for another new year filled with kick ass horror movies!!! So long, 2012…thanks for the filth!!!
Tags: American Horror Story, Blood, Dear God No!, excision, exploitation, Gore, Horror, James Bickert, occult, pentagram, richard bates jr., Sleaze, The Blood Sprayer, The Walking Dead


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Pearson is looking for an Information Architect in Harlow, England. According to the post, "An opportunity has arisen for an information architect to join the Content and Digital Management team responsible for this very busy and rapidly developing area. Reporting to the Director of Content Architecture, this individual will play a key role in the strategic architecture initiatives currently under way in PI. These include: Developing, documenting and helping to guide the appliance of information architecture standards in all Pearson International businesses, including descriptive metadata, structural metadata, taxonomy and ontology standards. Working on new initiatives that use semantic technologies to increase the findability and reuse of content. Designing and building taxonomies, ontologies, metadata schema and other information architecture products."
Qualifications for the position include: "Proven success incorporating Taxonomy and Metadata programs within a large enterprise organisation. Experience leading teams on taxonomy and metadata strategy projects. Experience implementing industry taxonomy standards. Experience implementing metadata standards such as Dublin Core. Strong team player – collaborates well with others to solve problems and actively incorporates input from various sources. Strong analytical skills – strong problem-solving skills, communicates in a clear and succinct manner and effectively. Interest in open source content management systems such as Drupal, Alfresco, Joomla, or others. Working knowledge of Lucene, FAST, Google Search Appliance, and Autonomy IDOL Enterprise Search platforms. Experience adapting taxonomy and metadata models to enhance usability and weighted search results. Knowledge of WC3 [sic] standards (RDF, SKOS, OWL, SPARQL)."
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By OLA AJAYI
IBADAN — MARKET women in the popular Dugbe Market yesterday stormed the Oyo State Secretariat protesting demolition of their stalls and non-provision of alternative space by the Governor Abiola Ajimobi led administration.
Also, the visibly angry traders alleged that some YES-O men recruited by the government stole some of their wares during the demolition exercise.
Brandishing placards 'ACN, call Ajimobi to order', 'After Lam's death, Oyo people suffer,' 'YES-O stole after demolition,' the traders, despite the heavy presence of armed policemen, still found their way into the secretariat.
The leader of traders, Otun Iyalaje of Ibadan land, Chief (Mrs.) Victoria Coker, fumed, saying, "It is at Dugbe Market that we make money to finance our children's education.
Many of these traders -widows and single mothers- cried out: "Where do we go now? Governor Ajimobi must not scatter Dugbe Market during his government. We closed down the market when he came to campaign. Is this what we would get in return from ACN?"
Pacifying the angry women, the Speaker, House of Assembly, Alhaja Monsurat Sunmonu assured them that the House would step into the issue.


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When Barack Hussein Obama (mm mmm mmmm) first announced his intentions to seek the Democratic Nomination for the job of President of the United States, Americans asked,
Who is this guy?
In January of 2007, future Vice-President Joe Biden, described him for us:
I mean, you got the first mainstream African-American who is articulate and bright and clean and a nice-looking guy. I mean, that's a storybook, man.
After a speech by The Lightbringer, in June of 2008, MSNBC Host Chris Matthews made a fawning statement that would make him famous (in a pitifully sycophantic way),
I have to tell you, you know, it's part of reporting this case, this election, the feeling most people get when they hear Barack Obama's speech. My, I felt this thrill going up my leg. I mean, I don't have that too often. No, seriously. It's a dramatic event. He speaks about America in a way that has nothing to do with politics. It has to do with the feeling we have about our country. And that is an objective assessment.
Even Republican pundits, like George Will, were slobbering over this unvetted Presidential Candidate. In June of 2008, Will wrote
Journalists consider themselves crusty, unsentimental creatures who, their battered fedoras shoved back on their heads, have slouched out of Ben Hecht's 1928 play "The Front Page," oozing skepticism from every pore. Actually, they are round-heeled romantics, such pushovers for a new swain that they did not laugh until their ribs squeaked when Barack Obama concluded his triumphal St. Paul, Minn., speech by proclaiming: "I am absolutely certain that generations from now, we will be able to look back and tell our children that this was the moment when we began to provide care for the sick …"
It is absolutely certain that generations from now someone will remember that even before that night in St. Paul, care was provided to the sick in America. Obama also asserted that future generations would say that "this was the moment when the rise of the oceans began to slow and our planet began to heal …" The man and the moment have met.
Obama's words mesmerize a nation accustomed to leaders who routinely use words with antic indifference to their accuracy.
Hidden behind their fawning facades was the fact that even the old guard of the Democratic Party had reservations about this Manchurian Candidate (or, should I say "Kenyan"?).
Back in June of 2010, when Ben Smith was still reporting for politico.com, he wrote
I've finally gotten my hands on a copy of Game Change, in which John Heliemann and Mark Halperin report:
[A]s Hillary bungled Caroline, Bill's handling of Ted was even worse. The day after Iowa, he phoned Kennedy and pressed for an endorsement, making the case for his wife. But Bill then went on, belittling Obama in a manner that deeply offended Kennedy. Recounting the conversation later to a friend, Teddy fumed that Clinton had said, A few years ago, this guy would have been getting us coffee.
Bubba, Rhodes Scholar that he is, may have unknowingly made a very cogent point, concerning The Lightbringer's ability to handle the job of being the Leader of the Free World.
Now, one month in his second term as president (Lord, I hate having to say that…sigh…) an exclamation point has been written on his record of anti-American incompetency.
This week, as I've written before, hearings were held by the Senate on the massacre of our Libyan Ambassador, Chris Stephens, and 3 other Americans, by a barbaric horde of Muslim Terrorists.The Administration has blatantly engaged in a massive cover-up since that horrible night, including blaming an unwatched Youtube video for 'riling up" the barbarians, leading them to commit the atrocity.
During the hearings, a fact was revealed that should make every American livid with rage.
A revelation that is so bad, even that Liberal bastion of Left Wing Journalism, the Washington Post had to agree with the assessment of Conservative Talk Show Host Sean Hannity and admit that it is a troubling situation:
Sean Hannity reports that he was "stunned" upon hearing that President Obama had minimal interaction with his top defense official on the night of the Sept. 11 attack against the U.S. compound in Benghazi, Libya. That revelation stemmed from an exchange in a Senate hearing between Sen. Kelly Ayotte (R-N.H.) and Defense Secretary Leon Panetta regarding the president's communications that night. Panetta and Joint Chiefs of Staff Chairman Gen. Martin Dempsey met with Obama about an hour after the attack began but didn't have direct communication with him after that. Here's how the exchange unfolded:
AYOTTE: Did you have any other further communications? Did he ever call you that night to say how are things going, what's going on, where is the consulate?
PANETTA: No.
AYOTTE: Did you communicate with anyone else at the White House that night?
PANETTA: No.
AYOTTE: No one else called you to say, what, how are things going?
PANETTA: No.
As predicted, Hannity seized on the exchange. "Now the most alarming news that came out of that testimony is that President Obama was virtually absent on the night that four Americans died, and according to Panetta, he and General Dempsey only spoke once that night to the commander-in-chief."
On came Sen. Lindsey Graham (R-S.C.) to assist with the accountabilitizing:
Well, Mr. President, what did you do for eight hours? Who did you talk to? What kind of leadership did you exhibit? They made two movies about the Bin Laden raid and you deserve credit for that, but you've had no accounting for the Benghazi attack and you're going to have an accounting.
I'm not going to stop until the American people know what their commander-in-chief did for eight hours and thus far, all we know is he had a 15-minute conversation.The revelations from Panetta weren't the most-watched developments on Capitol Hill. That distinction belonged to a hearing in which John O. Brennan, the White House counterterrorism adviser, was enduring a confirmation grilling for his appointment as CIA director.
…Ayotte & Co. managed to do with Panetta and Dempsey what a House and Senate panel had failed to do in January with then-Secretary of State Hillary Rodham Clinton, and that's to produce some telling and consequential tidbits about Benghazi. Graham told Hannity that the White House has "delayed, denied, deceived and stonewalled" regarding the ordeal. Whether or not you agree with that assessment, it has taken a good five months for this level of detail to emerge on contact among the key players.
I was going to use the Peter Principle to describe the Manchurian President. The Peter Principle is a theory that proposes that, as people rise in a hierarchy, they eventually rise to their level of incompetence.
However, that does not apply in the case of President Barack Hussein Obama (peace be upon him). He started out unvetted and incompetent.
Now, he's become a disaster.
Until He Comes,


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WFP pledges $207 million for food assistance to Yemen in 2012
Published on 28 June 2012 in News
Amira Nasser (author)
Amira Nasser (author)
The WFP identified eight governorates as the most food insecure areas in Yemen. The governorates include Hajja, Mahwit, Amran, Al-Baida, Ibb, Taiz, Al-Dall'e and Raima, according to Hamood Al-Ahazm, public manager of the School Feeding Project, Sana'a.
"Hodeida, Dhamar and Lahj are possible to be added to the list of most food-insecure areas" he said.
Around 101 people from the WFP and 106 people from the School Feeding Project, which is run by the Education Ministry, have been deployed to the eight governorates to distribute the rations.
The rations include wheat, flour, cooking oil and vegetables, according to the WFP.
Ration distribution is delivered to the schools in the selected areas, which have been surveyed before a month and half, Al- Al-Ahazm said.
U.N. Special Envoy to Yemen Jamal Binomar said in his report to the U.N. Security Council in May that Yemen is in urgent need for humanitarian assistance, and so far only 43 percent of the $455 million has been donated to Yemen.
Yemen today is witnessing a crisis of hunger involving almost ten million Yemenis, or half of the population. The WFP estimates 267,000 children under five are at risk of dying from malnutrition.
In the past two years, the number of people facing hunger in Yemen has nearly doubled, and about 22 percent of the population is suffering from severe food shortages.
Various organizations such as WFP, Islamic Relief and their Yemeni partners including the Ministry of Health and the Ministry of Education, have attempted to decrease the effects of this crisis by providing emergency food aid to desperate Yemenis.
The WFP launched its program in Yemen to tackle the season of hunger , which begins in May and continues until October. Its overall assistance in 2012 will consist of some 200,000 metric tons of food commodities, valued at $207 million.
The WFP program aims to target 1.8 million severely food-insecure people living in the poorest 14 governorates in Yemen who are particularly hard hit by rising food prices. In rural areas, the WFP has implemented a 'pilot cash transfer scheme' whereby some 10,000 households will receive the cash equivalents of food rations.
In 2012, WFP faces an immediate shortfall of $165 million, including $97 million for its emergency operations, $62 million for its protracted relief and recovery operations national safety net and refugee operations and $5 million for its development programs.
"Should these shortfalls persist, WFP's ability to reach its targeted 3.5 million beneficiaries could be severely hampered," the WFP said on its website.


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What's the worst business idea, coming from a solid company, that you can think of? Recently, the decision by Fannie Mae to promote mortgage lending to unemployed bankrupts comes to mind. So does the decision by BP to use a blowout preventer known to be faulty in dozens of respects. But then, this just-announced decision by Blizzard Entertainment to force players using its forums to disclose their real names comes pretty close.
Recently, we introduced our new Real ID feature, a new way to stay connected with your friends on the new Battle.net. Today, we wanted to give you a heads up about our plans for Real ID on our official forums, discuss the design philosophy behind the changes we're making, and give you a first look at some of the new features we're adding to the forums to help improve the quality of conversations and make the forums an even more enjoyable place for players to visit.
The first and most significant change is that in the near future, anyone posting or replying to a post on official Blizzard forums will be doing so using their Real ID — that is, their real-life first and last name — with the option to also display the name of their primary in-game character alongside it.
Um, no. A thousand times no.
I have played and enjoyed World of Warcraft for years. While I do not play it now, I am looking forward to the expansion coming later this year. Or I was.
I'm content with my real name sitting in a credit card database, disconnected from the game itself, trusting fool that I am, the same way I'm content with certain other companies having my name. E-commerce is risky, but life is risk, and it's convenient. I am not, however, content with linking my name to my in-game account, where other players might access it, even though I won't access Blizzard's forums ever again.
Because I've been to the Blizzard forums. I've read them. I've written there. And while I've been all over this wide internet, I'm confident in saying that you will never find a more wretched hive of scum and villainy than the official World of Warcraft / Battle.net forums.
What could go wrong? Someone will die, that's what.
Someone is going to get stalked through this tool because some whackadoodle fell in love with an avatar. Maybe the victim did a little roleplay and the stalker took it too seriously. Maybe the victim hurt the stalker's widdle feewings during a message board discussion. Who knows. Marriages break up (and reform) every day thanks to MMO drama leaking out into the real world. Blizzard should know this better than anyone. Good lord, you can't go a week without an international advice column posting some complaint about a spouse or a kid that is too involved in WoW. That's not Blizzard's fault.
But "Here's the real name of the person who sexxored you and then changed her mind/called you an idiot in front of all your friends/won't talk to you because you're creepy" will lead to something disastrous.
Of course the Blizzard forums will feature a prominent warning to users that by posting they are revealing their real names, just as Blizzard informs its customers of all important legal details about the game. Prominently. And Blizzard will disclaim all legal liability arising from misuse of this information by third parties.
I'm not concerned about Blizzard's liability. That's between the company and some very high-powered plaintiffs' attorneys who know that Blizzard's real business is printing money. Blizzard will argue that it isn't responsible for all of the creepy psychopaths out there, and it isn't, legally or morally. But the company is responsible not to jeopardize its customers in a fashion that, to a reasonable person, creates a foreseeable risk of harm with no compelling business reason to do so.
Someone is going to get killed as a result of this decision. And it will be someone who didn't have to die. Stalkers may be creepy. They may be relentless. Fortunately, in general they're not very smart. But they won't need to be very smart to locate Jane Doe when her real name is posted right on the Blizzard forums, right above her in-game identity as Sexxina the Blood Elf huntress.
Though it will surely be weeks or months before someone is actually killed by a nemesis who takes the game into the real world, we can expect the usual internet mayhem of mockery, scorn, and digging up and publishing of private details to begin immediately. World of Warcraft is a big game, played by children, people with all manner of psychological states, and people with, for instance, autism. I personally know two people with autism who play the game.
Perfect prey.
Some gaming bloggers, more naive than most, are delirious with joy at this announcement. "No more trolling on the Warcraft forums!" And I suppose that's Blizzard's rationale too. They can fire their forum moderation staff, secure in the knowledge that their forums are now clean, wholesome, and decent.
Of course if Blizzard is mistaken, its savings on staff will be passed on not to the shareholders, not to the customers, but to the lawyers.
Last 5 posts by Patrick Non-White
- Bad News From Donald Trump - August 24th, 2016
- Ask Stalin - July 11th, 2016
- Ask Popehat! Joe Manchin Edition - June 16th, 2016
- Stellaris - May 13th, 2016
- The Fur Flies In Jupiter - March 30th, 2016


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How-To: Emphasize Your Eyes Like Jessica Stroup at FW
With Fall Fashion Week in full swing in NYC, FabSugar and I have checked out some amazing shows and picked up tons of great tips for you. Since I believe in spreading the love, here's a how-to on audience member, Jessica Stroup (from 90210), who we've spotted at shows from Pamella Roland to Jill Stuart. Her look comes courtesy of TheBalm makeup artist, Felicia Roman, who's shared the exact products she's been using on Jessica this week. My favorite part is how those bright blue eyes pop with that smoky shadow. Learn how to re-create this at home when you
- Push the Pick-Up Liner (in Don Juan) into the base of the lashes, using a thicker liner to cover most of the bottom part of the lid. For smokier definition, then smudge around the lashes.
- Dab ShadyLady Eye Shadow (in Luscious Lani) across the lid.
- Lightly dust the sheer Overshadow (in You Buy, I'll Fly) over the lid and blend into the lower lash liner over the pencil for a shimmery finish.
- Finish up the eyes with three coats of Two-Timer Mascara, the first two for fullness, the final to separate and lengthen the lashes.
If you're curious about the rest of the look, here are the items used on her face and lips.
- Face: To even out her skin tone, Felicia blended BalmShelter Tinter Moisturizer with TimeBalm Concealer and photo-finished up with SexyMama translucent powder. For a healthy glow, combine matte Bahama Mama bronzer with berry toned Hot Mama blush on the cheeks.
- Lips: Finally, condition lips with theBalm to the Rescue and top with flavored, shimmery gloss like Plump Your Pucker (in Cocoa My Coconut) seen here.
TheBalm BalmShelter Tinted Moisturizer SPF 18, Medium 2.25 oz (67 ml)
from Beauty.com
Bahama Mama Matte Bronzer, Dark Tan 1 ea
from Beauty.com
Plump Your Pucker Tinted Gloss, Cocoa My Coconut
from drugstore.com


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Verdezyne, Inc.
Announces Issuance of US Patent on Method for Producing Bio-Based Adipic Acid
CARLSBAD, Calif.--(BUSINESS WIRE)--Verdezyne, Inc., a privately-held industrial biotechnology company focused on producing renewable chemicals from non-petroleum sources, has been granted a United States Patent for a bio-based adipic acid production process. U.S. Patent No. 8,241,879, titled "Biological Methods for Preparing Adipic Acid," covers one of the company's proprietary processes for selectively converting non-petroleum oils into adipic acid – a key component used to manufacture sustainable nylon 6,6, thermoplastic polyurethane resins and coatings from renewable sources.


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By Ryan Kaczmarski
The volleyball program at Magnificat High School is consistently one of the best in Northeast Ohio and produces many college-bound athletes, so it is no surprise that Blue Streaks senior Cayley Balser has signed a national letter of intent to play at Clemson University next fall.
"I chose Clemson because it has a gorgeous campus and is in South Carolina, where it is a lot warmer there than it is in Northeast Ohio," Balser said. "I also chose it because the coaches are great and are very knowledgeable.
"The Clemson University volleyball team is made up of girls who are very nice and welcoming, something that is important as we will be spending a lot of time together. I believe that Clemson University has the perfect balance of athletics and academics for me. I get the opportunity to play for a competitive, Division I university in the Atlantic Coast Conference (ACC) and be able to participate in the honors program, a challenge that I am looking forward to. Another major factor is that I will get to play against my sister Brittney, who goes to Duke University, because we have been on the same team one year, but have never played against each other."
Balser had considered possibly going to Colorado State University, as well as some Southeastern Conference and other ACC schools. She was contacted by over 50 Division I schools, which made her decision a tough one to make.
"My parents and sister helped me make the decision," she said. "My sister shared what her college experience has been like so far, and helped me to realize what kind of college I want to go to. My parents went on visits with me and helped me to figure out what I want out of the next four years of my life and we all agreed that Clemson is the best fit for me. It was very hard to decide, knowing that I was making a decision that would affect the rest of my life when I was only a junior in high school."
Balser feels that her time at Magnificat has prepared her to move on to college, both in the gymnasium and in the classroom.
"Magnificat volleyball helped to prepare me for the next level, because practices were always very competitive as everyone plays club (volleyball) to get better in the off season," she said. "Junior varsity and varsity (teams) practice together, which strengthens the whole program and each individual player, and the coaches are very encouraging. The Blue Streaks play a very competitive schedule, as we play the top teams in the state.
"As for the classroom, Magnificat offers a multitude of advanced placement and honors courses, as well as many electives, so students are ready for college-level work by the time they graduate."
She also knows she would have the luxury of choosing which Division I school she wants to go to without the support and encouragement of her parents and sister.
"I would not be where I am today without them, because they were the ones who drove me to all the tournaments, practices, training, and stayed up with me when I was finishing my homework on those late nights after practices," Balser stated. "My sister has also been a huge influence in my life as she is the one who got me playing volleyball in the first place. We have done everything together, even getting our first-degree black belts in Tae Kwon Do before she left for college, so it always motivated me to want to be like her, without being the exact same person that she is."
Playing volleyball at Magnificat, and with her club team, has given her experience against some of the best high school competition.
"I have learned and trained to play above the net – I touch 10 feet, 2 inches – which is important, because when you get to the college level, the game is played above the net," she said.
She feels that she will need to work on her speed and strength to be successful at the next level.
"I'm excited to start the next chapter in my life and I couldn't have done it without the support of my family and the many coaches and teammates who have pushed me to be the best that I can," she concluded.


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Skylar Laine Makes Idol Top 5 After Being in Bottom 3, Summer Tour Dates Announced [VIDEO]
It's down to the final 5 on American Idol. Country girl Skylar Laine escaped elimination after being in the bottom three. Ryan Seacrest sent her to safety, leaving as predicted, Hollie Cavanagh and Elise Testone in danger of leaving.
In the end it was Elise who's Idol journey was over. But she won't be going far. The Idol Top 10 will hit the road for a tour and they'll make four stops in New York.
8/15 Rochester
8/22 Uniondale
8/30 Albany
9/4 Syracuse, NY War Memorial at OnCenter
Before Ryan gave Elise the bad news, The Queen Extravaganza was joined by Queen members Brian May and Roger Taylor for a performance of 'Somebody to Love.'
Opening Number – Queen Extravaganza (Somebody To… by IdolxMuzic
The Top 5 return to the stage next Wednesday night at 8 on FOX.
American Idol Top 6 Elimination Recap


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Road Witch Ride
Posted by Jonathan Maus (Publisher/Editor) on June 14th, 2007 at 12:13 am
@ SE 17th & Taylor (Col. Summers Park at the pavilion)
for this ride, think Move X Bike meets Carfree streets. we're taking a living room and, vendors providing, a backyard on the road and to a few parking spaces near you. have trailer? bring your favorite chair (we'll have a few, too). pretty potted plant? bring it! just yoiu and your bike? marvelous! let's reinvent parking together!
Road Witches are creative solutions for traffic calming:
there could be a Road Witch standing, invisible, at your scariest intersection or most fearful zebra stripe.
Steph Routh & Michael Jones, steph.routh at gmail daht comm, www.pedalpaddle.blogspot.com


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We want to wish a special thank you to some of our recent LINCOLN customers near Bloomington!
Welcome to Heller Motors's website! We are a proud new LINCOLN dealer, located near Bloomington, Illinois. We service Bloomington, Illinois for all individuals looking to buy or service a new LINCOLN.
Heller Motors carries a wide selection of new LINCOLNs near Bloomington, Illinois. Using our website you can view our new LINCOLN cars.
Heller Motors is proud to have an abundance of LINCOLNs near Bloomington. Our sales team is in a combined effort to make sure each and every one of our customers receives the customer service that they each deserve. When you walk in our LINCOLN dealership near Bloomington, you'll see the difference for yourself. We know you'll find the perfect LINCOLN or other brands near Bloomington. So remember, when you are looking for a LINCOLN, Heller Motors near Bloomington, IL is the dealership for you! We look forward to seeing you here!
Heller Motors is your premier choice to service your LINCOLN if you live near Bloomington, IL. We have years of experience in servicing LINCOLNs. Our expertise is one of the reasons our customers always come back for their LINCOLN repair. Bloomington has a large amount of options for you when it comes to LINCOLN service near Bloomington IL, but no one will give you the professional treatment and friendly atmosphere like we do at Heller Motors.
When the time does come for you to order LINCOLN parts, our LINCOLN dealership serving Bloomington has the LINCOLN parts for you! One of the most important aspects of a customer servicing dealership is making sure that you get what you want and what you need! Our parts department takes pride in knowing we carry a large amount of LINCOLN parts at our LINCOLN dealership near Bloomington.
Heller Motors is your top choice for a LINCOLN dealer and is located in Pontiac, IL and is just a short drive from Bloomington, IL.


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New to Sophia?
This lesson teaches elements of narrative: voice, point of view, character, and "show don't tell."
Sophia's self-paced online courses are a great way to save time and money as you earn credits eligible for transfer to over 2,000 colleges and universities.*
Sophia partners
credit transfer.
Institutions have accepted or given pre-approval for credit transfer.
* The American Council on Education's College Credit Recommendation Service (ACE Credit®) has evaluated and recommended college credit for 25 of Sophia's online courses. More than 2,000 colleges and universities consider ACE CREDIT recommendations in determining the applicability to their course and degree programs.


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MIAMI - On this date, it was a cold New York City morning on this date in 1780 as the temperature dropped to -16 degrees. The intense cold actually froze New York Harbor to such a depth that the British were able to carry a heavy cannon across the ice in order to fortify Staten Island.
HIGHEST TEMPERATURE (DEGREES F).........................91 Kingsville NAS, Texas
HIGHEST HEAT INDEX (DEGREES F)..........................93 Kingsville NAS, Texas
LOWEST TEMPERATURE (DEGREES F)..........................-14 Big Piney, Wyo.
LOWEST WIND CHILL (DEGREES F)...........................-56 Deadhorse, Alaska
HIGHEST WIND GUST (MPH).................................79 Guadalupe Pass, Texas
HIGHEST PRECIPITATION (INCHES)..........................1.92 Whiteman AFB, Mo.
Copyright 2013 by Local10.com. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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Relay, 11Pin, 3PDT, 10A, 24VAC
OMRON| Zoro #: G1787965| Mfr #: MJN3CF-AC24
Zoro #: G1787965Mfr. Part #: MJN3CF-AC24
$18.63 /ea
Orders over $50.00 ship free. DetailsStandard ground shipping
Technical Specifications
|Zoro #: G1787965 Mfr #: MJN3CF-AC24
|Pins: 11
|Contact Form: 3PDT
|Contact Material: Silver Alloy
|Features: General Purpose Relays, Non-Latching
|Status Indicator: No
|Contact Rating: 10A @ 240VAC/28VDC
|Mounting: Side
|Coil Volts: 24VAC
|Country of Origin (subject to change): China
Product Description
Square Base General Purpose Relay, Number of Pins 11, Contact Form 3PDT, Contact Current Rating Resistive 10 Amps, Contact Current Rating Inductive 10 Amps, Coil Voltage Rating @ 60Hz 24 VAC, Coil Current Rating 84 Milliamps, HP Rating @ 240VAC 1/2 HP, HP Rating @ 120VAC 1/3 HP, Flange Mount


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Item 15. 34. The charges under this heading are disallowed. The certified copies of indictments and lists of jurors and witnesses should have been handed by the clerk to the counsel for the accused. Such papers are not of a kind requiring the service thereof to be made by a marshal. If he served them, his act would be that of a private meso senger, and his return would not be evidence of service. Such judgment may be entered as is proper, in accordance with this decision.
In re ROWE. (Circult Court of Appeals, Eighth Circuit.
No. 846,
October 26, 1896.)
ExTRADITION-TRIAL FOR DIFFERENT OFFENSE-EMBEZZI,EMENT. One R. WIlS extradited from Mexico, upon an information charging
that he had counseled and advised another to commit the crime of embezzlement of pUblic moneys, and upon affidavits tending to prove the facts alleged, which were found by the Mexican authorities to show the commission of the crime, and that there were suspicions that R. was an accomplice in its commission sufficient to justify his arrest and trial. After his return to the state of Iowa, from which he had fled, R. was indicted for embezzlement, as a principal; the statute of the state (McOlain's Ann. Code, § 5699) having abrogated the distinction between principals and accessories, and making all concerned in the commission of a crime alike principals. Being held for trial under this indictment, R. applied for his discharge on habeas corpus. Held, that he was not held for trial for an offense different from that for which he was extradited. The existence of a technical defect In an information or Indictment does not make It no information or indictment at all; nor does the finding of a new indictment, to remedy a technical defect in a former one, charge another or different offense, so as, in either case, to prevent the trial, on a good indict· ment, of a defendant who has been extradited from Ii foreign country on the defective one.
SAME-DEFECTIVE INDICTMENT-NEW INDICnIEKT.
Appeal from the Circuit Court of the United States for the Southern District of Iowa.
Chester W. Rowe was treasurer of Poweshiek county, Iowa, and embezzled Ii large amount of the public moneys, and fled the state in company with his brother, Richard R. Rowe, the appellant. 'l'hereupon the following information was filed b2fore H. F. MOlton, a justice of the peace of the county: "State of Iowa, Poweshiek County-ss. "In Justice Court, before H. F. Morton, .1. P. "The State of Iowa vs. Richard Rowe. Information. "The defendant is accused of the crime of embezzlement, for tbat, on the 20th day of April, 1895, in the township of Jackson, county and state aforesaid, one Ohester W. Rowe was treasurer of Poweshiek county, Iowa, and a public officer. and, as such county treasurer and public officer, was then and there charged with the collection, safe-keeping, and disbursement of the public money; and that the said Chester W. Rowe, as such county treasurer and public officer, did then and there have in bis possession and under his control, for safe-keeping and disbursement, public money amounting to and of the value of thirty thousand dollars, ;which said money was received by said Chester W. Rowe, and came into his hands, and under his control, as such public officer and county treasurer;
77 FEDBRAL REPOR'l'ER.
and that the said Chester W. Rowe did then and there willfully, unlawfully, feloniously embezzle and convert to his own use the sUIlf of thlrtY.thousand dollars of the public money received by him, the said Chester W. RowEl, as such county treasurer and public officer as aforesaid, which said money was then and there. of· the amount and value of thirty thousand dollars, and llelonged to and was the property of Poweshiek county, Iowaj and that the said Richard Rowe, was then and there concerned In the commission of said public offense, to wit, embezzlement, in that the said defendant was present with the said Chester W. Rowe, at the office of the treasurer of. county, Iowa, a short time before the commission of said public offense, and did then and there counsel and advise the commission of said public offense, and that the said defendant of the state of Iowa with the said Ohester W. Rowe, and is now engaged in business with the said Chester W. Rowe, under an assumed and fictitious name, at the city of Mexico, in the republic of Mexico,-contrary to the form of the statutes in such cases made and provided, against the peace and dignity of the state of Iowa. W. F. Allen. "State of Iowa, Poweshiek County-ss.: "I, W. F. Allen, being duly sworn, depose and say that the statements in the above information are true, as I verily believe. W. F. Allen. "Subscribed in my presence, and before me sworn to, by W. F. Allen, this 19th day of JUly, 1895. H. F. Morton, Justice of the Peace." The usual warrant for the arrest of the defendant was issued by the justice, and delivered to the sheriff of the county, who made return thereon that the de·' fendant was not within the state. Upon the presentation to the state department of a duly-certified copy of this information, together with numerous affidavits tending to prove that Chester W. Rowe had embezzled over $30,000 of the public moneys of the county, and thllt Richard Rowe aided and abetted such embezzlement, and that they had, both fied to the city of Mexico, where they had assumed fictitious names, and were doing business under the firm name of Rose Bros., at2 Plateros, No.2, MeXico, application was made by that department to the Mexican government for the extradition of Richard Rowe as a fugitive from justice, and the president appointed William Farmer Forsee agent of this govern· ment to receive Rowe from the Mexican authorities, and bring him to this country, and surrender him to the authorities of the state of Iowa. Upon due proceedings had for that purpose, Rowe was arrested in the city of Mexico, taken before the proper MexIcan judge, who, after proper inquiry, reported the testimony to the department of foreIgn affairs for that government, and held Rowe to await the disposition of the case by that department. On the 7th of November, 1895, the MexIcan government issued the follOWing warrant of extradition: (Translation.) "Department of Foreign Affairs, MeXico, Nov. 7, 1895. "Mr. Minister: Referring to the note, which on the 1st of last October I addressed to Mr. E. C. Butler, secretary of that legation, then charge d'affairs ad Interim, I have the honor to inform your excellency that the judge who has under consideration the case instituted against Chester Rowe for embezzlement com· pleted the investigations regarding Richard Rowe, who is accused of complicity In the same crime, and has placed him at the disposition of this department, with testimony of the case instituted against his brother Chester, so that the proper decision be rendered relative to the demand for the extradltlon of said Richard Rowe. This department has examined the documents in connection with said demand, as well as the investigations for information in said suit concerning Richard Rowe. Resulting from the examination thereof, that the crime imputed to Chester is proved, and that there exist suspicions that Richard is his accomplice, which would be sufficient for his legal arrest and trial in Mexico, had the crime been committed here, in accordance with the second clause of article 1 of the extradition treaty in force between this republic and the United States of America, the president has decreed that the said Richard Rowe be delivered to the United States of America for his consignment to the competent authority who is to try him, in compliance with the demand for extradition presented to this depart· ment by that legation, under date of June 30th, ultimo. To-day I issue to the governor of the federal district the orders necessary to the end that said Richard
Rowe be delivered to Mr. William F. Forsee, who Is commissioned to receive him, a.nd all aid which he may solicit be given him, for the safety of the prisoner. I renew to your excellency the assurance of my high regards. "[Signed] Ignacio Mariscal "To His Excellency, Matt. W. Ransom." In pursuance of the authority contained In this warrant, Rowe was brought back, by the agent appointed for that purpose, to Poweshiek county, Iowa, where he was Indicted for the same ofl'ense set out In the Information and affidavits upon which he was extradited. He demurred to the Indictment, and the demurrer was sustained, upon the ground that the Indictment did not state that the money embezzled was "unaccounted for." 1.'he Information filed before the justice, and the affidavits submitted to the Mexican government upon which the warrant of extradition was granted, contained the same technical defect. The case was submitted to another grand jury, and a second indictment returned, which remedied the defect In the first, and described the ofl'ense with technical accuracy. In default of ball the defendant was committed to await his trial on this Indictment. Thereupon the defendant applied, successively, to the court In which the indictment was pending, to the supreme court of the state, and to the circuit court of the United States for the Southern district of Iowa, to be discharged from custody, and to have It adjudged that he was not triable for the ofl'ense charged In the last indictment, because, as he alleged, it was not the ofl'ense for which he was extradited. The courts mentioned severally denied his petition, and from the judgment of the circuit court of the United States denying his petition he appealed to this court. The following are the sections of the Iowa statute having any bearing on the case: "5214. Embezzlement by Public Officers. If any state, county, township, school, or municipal officer, or officer of any state institution, or other public officer within the state, charged with the collection, safe keeping, transfer, or disbursement of public money, falls or refuses to keep in any place of deposit that may be provided by law for keeping such money, until the same is withdrawn therefrom upon warrants Issued by the proper officer, or deposits such money in any other place than In such safe, or unlawfully converts to his own use In any way whatever, or use by way of investment in any kind of property, or loan without the authority of law any portion of the public money intrusted to him for collection, safe keeping, transfer or disbursement, or converts to his own use any money that may come into his hands by virtue of his office, shall be guilty of embezzlement to the amount of so much of said money as Is thus taken, converted. Invested, used, loaned, or unaccounted for, and, upon conviction thereof, he shall be Imprisoned In the penitentiary not exceeding five years and fined in a sum equal to the amount of money embezzled; and, moreover, is forever after disqualified from holding any office under the laws or constitution of this state." McClain's Ann. Code Iowa, c. 4, § 5214. "5699. Principal and Accessory. The distinction between an accessory before the fact and a principal, is abrogated, and all persons concerned In the commission of a public ofl'ense, whether they directly commit the act constituting the ofl'ense, or aid and abet its commission, though not present, must hereafter be indicted, tried and punished as principals." McClain's Ann. Code Iowa, c. 16, § 5699. The articles of the treaty with MeXico, on the subject of extradition of fugitives from justice, having any relation to this case, read as follows: "Article 1. It Is agreed that the contracting parties shall, on requisition made in their name,. through the medium of their respective diplomatic agents, deliver up to justice persons who, being accused of the crimes enumerated in article third of the present treaty, committed within the jurisdiction of the requiring party, shall seek an asylum, or shall be found within the territories of the other: provided, that this shall be done only when the fact of the commission of the crime shall be so established as that the laws of the country in which the fugitive or the person so accused shall be found, would justify his or her apprehension and commitment for trial if the crime had been there committed." "Article 3. Persons shall be so delivered up who shall be charged, according to the provisions of this treaty, with any of the following crimes, whether as principals, accessories, or accomplices, to wit: ;\Iurder, * * * embezzlement of
public money;
Section 5275 of the Revised Statutes of the United States declares: "Whenever any person is delivered by any foreign government to an agent of the United States, for the purpose of being brought within the United States and tried for any crime of which he is duly Recused, the president shall have power to take all necessary measures for the transportation and safe keeping of such accused person, and for his security against lawless violence, until the final conclusion of his trilll for the crimes or offenses specified In the warrant of extradition, and until his final discharge from custody or Imprisonment for or on account of such crimes or offenses, and for a reasonable time thereafter, and may employ such portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safe keeping and protection of the Recused."
J. T. Allensworth, for appellant. W. R. Lewis, opposing. Before CALDWELL, SANBORN, and THAYER, Circuit Judges. CALDWELL, Circuit Judge, after stating the case as above, delivered the opinion of the court. . The first contention of the petitioner is that, under the laws of Iowa, DO one but an officer charged with the safe-keeping of public moneys can commit the crime of embezzlement of such moneys. It is said that there can be no accessory before the fact to such an offense; that section 5699 of the Iowa statute, which abrogateiil the distinction between an accessory before the fact and a principal, does not apply to one who aids and abets the embezzlement of public moneys by the official custodian thereof; and that the petitioner is therefore guilty of no offense whatever. By the common law, all accessory ('annot be tried without his own consent before the principal, and, if the principal is acquitted, both must be acquitted, and there can be no conviction on an indictment charging him as principal. Dr. Wharton, in his work on Criminal Law, observes that the obstructions of justice caused by these subtleties have long beel! deplored; and while, in several states of the American Union it is already provided by statute that accessories before the fact are to be proceeded against as principals, in other states and in England the change will probably not be long delayed. 1 Whart. Cr. Law, § 205. These subtle distinctions between a principal and an accessory before the fact at common law, which were a fruitful of the miscarriage of criminal justice, were abrogated by section 5699 of the Iowa statute; and in that state one who aids and abets the commission of a crime is in the same category with one who actuully commits the offense. They are both principals. But we are spared the necessity of any extended discussion of the question whether the indictment under which the petitioner now held charges an offense against the laws of the state of Iowa. The court of that state denied the petitioner a writ of habeas corpus, asked for on the distinct ground, among others, that the indictment charged no offense against the laws of that state. In making that decision, the court necessarily passed upon this question adversely to the contention of the petitioner, and the judgment of that court is conclusive on the question in this court.
The next contention of the petitioner is that he is being held fO!' trial for an offense different from that for which he was extradited. It is settled by the judgment of the supreme court in the case of U. S. v. Rauscher, 119 U. S. 407, 7 Sup. Ot. 234, as well as by the provisions of section 5275 of the Revised Statutes of the United States, that, under the treaty with Mexico, the petitioner is exempt from trial for any other offense than that specified in the warrant of extradition until he has had a reasonable time to depart out of the United States. Is the petitioner held for trial for an offense different from that for which he was extradited? The information and affidavits laid before the Mexican authorities, and upon which that govern· ment acted in granting the warrant of extradition, stated in plain and unambiguous language the facts constituting the offense with which he is charged in the pending indictment. The indictment states the acts constituting the offense with more technical verbiage, but it describes the same offense described in the information and affidavits upon which the Mexican government was asked to, and did, surrender the petitioner, with the addition of a single technical averment, which will be noticed presently. The treaty provides for the surrender of the fugitive "when the fact of the commission of the crime shall be so established as that the laws of the country in which the fugitive or the person so accused shall be found, would justify his or her apprehension and commitment for trial if the crime had been there committed." The Mexican government is the best judge of its own laws, and the warrant of extradition issued by the department of foreign affairs of that government recites "that the crime imputed to Chester is proved, and that there exist that Richard is his accomplice, which would be sufficient for his legal arrest and trial in Mexico, had the crime been committed here." The Mexican government doubtless used the term "accomplice" out of abundant caution, and to remove any ground for the technical objection that is here made, which is. in effect, that the petitioner cannot be indicted and tried as a principal because he was extradited to be tried as an accessory before the fact, and that he cannot be tried as an accessory before the fact because the Iowa statute abrogates the distinction between a principal and an accessory. But the petitioner was not surrendered to answer as an accessorv before the fact, or as a principal, but as an accomplice. An accomplice is defined to be:
"One who is concerned in the commission of a crime. The term, in its fullness. includes in its meaning all persons who have been concerned in the commission of a crime. all particeps criminis, whether they are considered, in strict legal propriety, as principals In the first or second degree, or merely as accessories before or after the fact." Bonv. Law Diet. tit. "Accomplice,"
It is obvious, therefore, that the petitioner was extradited to answer for the nart he played in the commission of this particular crime of embezzlement, whether it was as a principal or as an accessory befOre the fact. The third article of the treaty provides for the extradition of persons charged with the crimes therein mentioned, "whether as principals, accessories, or accomplices." The petitioner was a fugitive from the justice of the laws of the state of Iowa. By
the law of tliat state, where one embezzles public money, and another aids and abets the commission of the offense, they are both equally guilty of the crime of embezzlement; so that the offense with which the petitioner is charged is within the very letter of the treaty which provides for the extradition of persons charged with the crime of "embezzlement of public moneys," whether he is a principal or accessory, and the warrant of extradition, as we have seen, uses a term sufficiently comprehensive to include a principal as well as an acces!!Ory. The t':!chnical defect in the information describing the offense, heretofore referred to, is the omission of the words "unaccounted for." In ,the case of State v. Brandt, 41 Iowa, 593, the supreme court decided that the word "or," preceding the words "unaccounted for," in section 5214, should be read "and," and that an indictment under that section which did not allege the money embezzled was "unaccounted for" was bad on demurrer. But this decision does not sup· port the contention of the petitioner, which is, in substance, that:
"An insufll.cient inl'onnatlon is equivalent to no Information. Without an Intormation, there is no charge. Any charge is different ,from no charge. Theretore, if the petitioner Is tried at all, it wlll be on a charge tor which he is not extradited."
It is too late in the day for this kind of logic to meet with any favor in the courts. Such subtle reasoning is no longer admitted to obstruct the course of justice. It would result in refining all common sense out of the law, and in the adoption of rules too tech· nical and minute for the social conduct of men. If the petitioner had been tried and convicted in the district court on the first indictment, he could not have been discharged from imprisonment under that conviction on a writ of habeas corpus. The judgment might have been reversed, for error, by an appellate court exercising supervisory jurisdiction over the district court, but it would not have been void, or subject to collateral attack; and the reason is that the court had jurisdiction of the party and the offense. Errors in law, however numerous and gross, committed by the trial court in a case within its can only be reviewed by appeal or writ of error in the court exercising supervisory or appellate jurisdiction over the trial court in the particular case. The writ of habeas corpus cannot be made to perform the office of a writ of error or appeal. Ex parte Ulrich, 43 Fed. 661; Ex parte Watkins, 3 Pet. 193, 7 Pet. 568; Ex parte Lange, 18 Wall. 163; Ex parte Parks, 93 U. So 18; Ex parte Siebold, 100 U. S. 371; Ex parte Curtis, 106 U. S. 371, 1 Sup. Ct. 381; Ex parte Carll, 106 U. S. 521, 1 Sup. Ct. 535; Ex parte Yarbrough, 110 U. So 651, 4 Sup. Ct. 152; Ex parte Crouch, 112 U. S. 178, 5 Sup. Ct. 96; Ex parte Bigelow, 113 U. So 328, 5 Sup. Ct. 542; Ex parte Wilson, 114 U. S. 417, 5 Sup. Ct. 935; Ex parte Harding, 120 U. S. 782, 7 Sup. Ct. 780; In re Lane, 135 U. So 443, III Sup. Ct. 760; In. re Wight, 134 U. S. 136, 10 Sup. Ct. 487; In re Nielsen, 131 U. S. 176, 9 Sup. Ct. 672; In re Coy, 127 U. S. 731 756 8 Sup. Ct. 1263. ' , It does not follow, therefore, that an information or an indictment which is bad on demurrer is necessarily no information or indict-
ment at all. There is a "\'Vide difference between a technical error or omission in setting out the facts essential to constitute the offense,' such as existed in the information and first indictment in this case, and no information or indictment. In the former case, if the suffi· ciency of the information or indictment is not challenged,. or even if it is challenged and the court holds it good, the court may proceed to try the defendant, and if he is convicted, he can obtain no relief the writ of habeas corpus; whereas, in the latter case the court has no jurisdiction to try him for any offense, and, the judgment be· ing void, the defendant may avail himself of the writ of habeas cor· pus. Nor is the contention tenable that, when a demurrer to an indictment is sustained for a technical defect such as existed in this case, a second indictment, which conforms with technical accuracy to the requirements of the statute, charges another or a different offense. They b9th charge the same offense, though one of them does not charge it with sufficient technical accuracy to withstand the attack of a demurrer. We entertain no doubt of the correctness of the judgment of the circuit court, but, if we did, we would not, on the facts disclosed in this record, discharge the petitioner, but would, in the exercise of the discretion with which we are invested, let the case take its regu· lar course in the state court, and leave the petitioner to his remedy by writ of error from the supreme court of the state, and thence, if he was so advised, from the supreme court of the United States. "While," says Mr. Justice Harlan in delivering the opinion of the supreme court in Re Wood, 140 U. S. 278, 289, 11 Sup. Ot. 738, 742, "the courts of the United States have power, upon habeas corpus, to inquire into the cause of the detention of anyone claiming to be reo strained of his liberty in violation of the constitution or laws or treaties of the United States, it was not intended by congress that they should, by writs of habeas corpus, obstruct the ordinary admin· istration of the criminal laws of the states, through their own trio bunals. 'Where,' this court said in Ex parte Royall, 117 U. S. 241, 252, 253, 6 Sup. Ot. 734, 741, 'a person is in custody, under process from a state court of original jurisdiction, for an alleged offense against the laws of such state, and it is claimed that he is restrained of his liberty in violation of the constitution of the United States. the circuit court has a discretioJ!. whether it will discharge him upon habeas corpus in advance of his trial in the court in which he is in· dieted; that discretion, however, to be subordinated to any special circumstances requiring immediate action. When the state court shall have finally acted upon the case, the circuit court has still l>. discretion whether, under all the circumstances then existing. the accused, if convicted, shall be put to his writ of error from the high. est court of the state, or whether it will proceed by writ of habeas corpus summarily to determine whether the petitioner is restrained of his liberty in violation of the constitution of the United States.' And we will add that, after the final disposition of the case by the highest court of the state, the circuit court, in its discretion. may put the party who has been denied a right, privilege, or immunity claim· ed under the constitution or laws of the United States to his writ
77 FEDERAL REipORTER.
of error from this court, rather than interfere by writ of habeas cor· pus. These principles have special application where,as in the present case, there is no pretense that the statute under which the prosecution of the appellant was conducted is repugnant to the con· stitution or laws of the United States." The judgment of the circuit court is affirmed.
WONG FONG v. UNITED STATES. (Circuit Oourt of Appeals, Ninth Oircuit. No. 2\)7.
CHINESE PERSONS-DEPORTATION-MERCHANT-EvIDENCE.
October 6, 1896.)
In proceedings under the act of November 3, 19\)3 (28 Stat. 7), for the deportation of a Chinese person, it was admitted that on. August 1. 1893, he was a merchant, as defined by the statute. On that day the store he and his partner occupied was destroyed by fire, and in the following November he ieft for China, returning to California in May, 1895. The evidence showed that. before leaving, the firm had rebuilt and restocked the store, and that, on returning, defendant resumed his connection with the business, which, the partner testified, had always been retained. Held, sufficient evidence to show that defendant had not lost the character of merchant, although there was no direct testimony that his name appeared in partnership articles or partnership accounts; nor was his status affected by the fact that he also conducted a gardening enterprise with Chinese labor. his own work being supervisory only. 71 Fed. 283, reversed.
In Error to the District C()urt of the United States for the South· ern District of Oalifornia. George P. Phibbs, for plaintiff in error. George J. Denis, for defendant in error. Before GILBERT and ROSS, Circuit Judges, and HAWLEY, District Judge.
GILBERT, Circuit Judge. By this writ of error it is sought to review the judgment of the district court for the Southern. district of California ordering the deportation of the plaintiff in error, upon the ground that he is a Chinese laborer unlawfully within the United States. It was stipulated between the parties upon the trial that prior and up to the 9th day of November, 1893, the plaintiff in error had for 16 years resided continuously in the state of California, but that upon said date he departed for Ohina, and that he returned to the United States on the 27th of May, 1895; that for a period of 7 years preceding and up to the 1st day of August, 1893, he was a merchant, as defined by the act of congress of the United 8tates passed November 3,1893, being chapter 14 of volume 28 of the United States Statutes at Large, and that during said period he was not a laborer; that on the 1st day of August, 1893, the store in which he carried on his business as a merchant in Oalifornia was destroyed by fire; that after the passage of the act of congress of November 3, 1893, there was no office open within the state of California at which he could register, and no such office was open until after the 1st day of Janu-