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Tt t . the question of fact as to the respondent ts s11ness in January upon the testimony of Dr. Omens and the two nurses, Dr. Omens reached tliomi caret ime between the isth and the 20th of January and found him, he says, seriously 1411 from tie disease mentioned. He remeined. there a fer cays, and when he left, shortly efter the 2th of January, so far as temperature and pulse ere comcerned, the condition of the mtient was about norml, , One of tre nurses went to the home on the 6th of January and remainei e littie less than three weeks, The nizht nurse who was calied in by Dr. Phillips went there on the 13th or about the 12th and remined seven or eisht ésys - I think she said seven to ten @eyse at any rete, the oirses had gone by the last week in January. and the evidence esta doutt in this case thet Curing the month of February the responient was not confined to his bed. The evidence shows during thet period frequent attendance at the race trecks; it shows a trip in an airplane; it shows a boast trip, and taking #11 of the evidence, it is perfectly clear that at lest after the gnd of Februery it muld not be truthfully steted that the respondent was confined to his bed, and thet the stetement on the date wher the affidavit was mde, nanely, the Sth of March, 192¢, the respondent hed been out of re 7.