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"The two stories made it possible": Petr Sís discusses Nicky & Vera
"The two stories made it possible": Petr Sís on Nicky & Vera
https://english.radio.cz/two-stories-made-it-possible-petr-sis-discusses-nicky-vera-8706207#player=on
Photo: Petr Sís / Norton Young Readers
Nicky & Vera, the latest work by the great Czech-born children's author and illustrator Petr Sís, is being published on January 27, International Holocaust Remembrance Day. Subtitled A Quiet Hero of the Holocaust and the Children He Rescued, the beautiful and moving book comprises two intertwining narratives: the story of Sir Nicholas Winton, the young Briton who saved 669 mainly Jewish children from the Nazis on the eve of WWII; and that of Vera Gissing, one of the children who Winton managed to get on a "kindertransport" train he had organised from Prague to London. Born Věra Diamantová in a small town in Central Bohemia, she has been living in the UK permanently since the late 1940s and is today aged 92.
Sís, who has been resident in America since the 1980s, says he was partly inspired to write Nicky & Vera on a visit to Prague with his teenage son; when they encountered an exhibition dedicated to Winton's selfless mission, the multi-award winning writer and artist said he realised he hadn't devoted enough attention in his work to the reluctant, quiet heroes of this world.
I spoke to Petr Sís from his home in New York State.
The story of Nicholas Winton and his immense act of humanity first came to light in the UK in the late 1980s. When did you initially encounter that story?
"It's more a question with me of when did I pay attention to the story.
"I think I briefly must have heard about the story in the late '80s.
"I didn't speak to Milena Grenfell-Baines until now, when I said, I have your name since 1967."
"But that was just three, four years into my emigration to America, so I had other problems, just like with finding out who I was.
"But I know it crossed my mind that since I was a little boy I knew two people, who were friends of my father.
"One was a translator from English in Prague. She said, I grew up in London, or I grew up in England, I went on the train.
"And it was sort of interesting, but like with lots of things and events during World War II, you didn't question.
"Because people usually didn't volunteer information.
"And as you know – but this is very hard to explain here in America – people who went to England, who were children born in England, or even the [Czechoslovak RAF] pilots… it just wasn't something you would want to talk about under the Communist regime.
"So I was always surprised when I heard that somebody grew up in London, or was born in London.
"I knew a number of people like that, but I never was able to put it together, because we never asked more questions than that.
Petr Sís, photo: Ian Willoughby
"Then also I went to London myself a number of times, which is interesting vis-à-vis the train to England.
"For me it was the obsession with the music and getting outside of the East Bloc.
"I remember I was staying for a few days with an old lady at Marble Arch, maybe it was on Oxford Street.
"And I think this was one of the foster parents of the children from the Winton trains – but again I didn't know the details.
"I knew that Soňa, which was the name of the translator, knew her.
"This lady was a very wonderful character, living in a little apartment at the very top of an old London building.
"She talked about children, but I didn't understand the connection at all.
"What is funny is that I have a little address book from 1967, when I went to England and my mother wrote me some names of people she knew.
"Among them was the name of Milena Baines, who was the wife of an architect in Preston.
"She was a friend of friends. I never made it to Preston, so I didn't speak to her then. She knew my parents.
"And [laughs] I didn't speak to her until now, when I said, I have your name since 1967.
"I said, Now I know you are Lady Milena Grenfell-Baines, one of the Winton children.
"But back in 1967 I had no idea how she had got there.
"So for me it's fascinating how all these things came together, and how I thought this happened far away in history – and all of a sudden I'm able to speak to her and to her sister, Eva Paddock, who was a principal in Boston.
"I also spoke to a man in Hartford whose name is Ivan Backer, who was one of the children.
"All of a sudden I can speak to people who are part of the history and in fact are not that much older than I am.
"Because I was born four years after the war and I thought, Oh, it's such a long time after the war.
"But in fact it was just after the war, so there were lots of things around me in my childhood in Prague, whether it was German helmets or sort of little SS swords.
"There were lots of remains and bullet holes and bunkers and people talking about things – and we didn't know as children…
"People who went to a concentration camp wouldn't say, I was in a concentration camp – they were trying to fit in.
"And the Communists were talking about the whole issue as mostly about Communists being in concentration camps.
"I found two books: Train to Freedom by Ivan Backer and Vera Gissing's Pearls of Childhood."
"The whole question about Jewish people and all that was pushed into the background.
"So I knew about little things, but it only came together after 1988 [when Nicholas Winton's story came to light in the UK].
"At that time somebody said, You should think about a book about it already. This was in the early '90s.
"But I think that was a subject which would be very difficult to push through the American publishers then.
"But Czechoslovakia as such was getting more and more recognition, because before that it would be, Why don't you do a book about Paris, or Venice?
"Prague was not this destination.
"And I thought, Oh, it's too good as a story.
"The story was about a man who was so good that he saved all these children and then he went home and nobody knew for 50 years, until they found out."
One thing that interests me a lot is why you chose the device of two stories, the story of Nicholas Winton himself and the story of this girl Věra, or Veruška. Why the two stories?
"That made it possible, the two stories.
"Because I had his story, which I thought, I can't do it; I'd seen the film by Matej Mináč, which was also based on it.
Photo: Norton Young Readers
"I think in film you have another dimension, where you can work with just him being good – but you needed some sort of drama [for a book].
"And I found, by complete coincidence, two books.
"One was in the Holocaust Memorial Museum in Washington: Train to Freedom by Ivan Backer,
"And one was Vera Gissing's book Pearls of Childhood.
"It was a wonderful book in the sense that in it she's so optimistic and she's such an innocent little girl.
"And also she's from this small town.
"She describes her town in the way of the Czech sentiment of this new-born country in 1918.
"Everybody is so excited; people love Masaryk and love this whole idea of Czechoslovakia.
"She describes how they sing the national anthem.
"Religion as such and politics are not important in her perspective.
"They are one of the few or only Jewish families there, but it's not important: She wears national costume, she goes to these meetings.
"So that describes this almost idealistic time in Czechoslovak history.
"Because she's in a small village and she runs around and plays.
"For me it was like, How did people sign up their children for the train?"
"She loves nature and describes how she goes in the evening to swim or with their horse.
"She goes to the Labe and describes these wonderful feelings when the sun is setting and she's sitting on the wet horse.
"But anyway, she's like an ideal innocent child who is growing up in this small town with a loving mother and wonderful family.
"She's doesn't really know, or her parents keep her sort of protected from some bad news beyond the border, from Germany.
"And then it all comes quickly home to roost, when she hears about this.
"The mother is cautious. And for me it was also like, How did people sign up their children for the train?
"The mother was in this situation where she doesn't have to do it but she feels this sort of urge: It's like safety, this might not end up well – I will go and sign her up with Nicholas Winton.
"Because she was in Prague at that time.
"Then she has to somehow sell it to the father, who doesn't like the idea.
"Also what's in her book is that England in that time is so far away. It's a country which is far away for Czechs.
"And who ever heard about parents that would send their children so far away? Even if children were sent for maybe a few months.
"In Winton's story it was all very sort of like European history: Kristallnacht, the Anschluss, England being an exceptional country which gives visas to children who are under 17 and they have to put down the money for the return ticket – they get some temporary visa and must have a foster family.
"So this I knew from Winton's side – and now I had this little girl who was describing emotional things from her perspective.
"However, she herself in her book doesn't get into the complexity of when she comes back to Prague after the war, when she has the best intentions to stay, even though her family had perished in the camps.
"But then because of what happened… and I think all of a sudden there was an attitude of Czechs against Jews, or some Czechs, I should say.
"All of a sudden it wasn't this idealistic place she knew as a little child.
"But now she was also this grown-up woman. And she hears what people are saying about, Oh, they came back, and all this.
"She doesn't like this and prefers somehow, I guess, the attitudes of feelings in England.
"She fells more at home in England, so she goes back to England."
Many, perhaps almost all, children's books can be read and understood by a child alone, it seems to me. But I presume with this book that younger kids at least might need to have a parent with them to explain some of the things in it? For instance, when you say that Vera's parents "died in the Nazi camps".
Nicholas Winton, photo: David Vaughan
"I know. That's now the dilemma for me, because this book is not yet out here but it's being sent to reviewers and critics – and all of a sudden I'm getting lots of reactions saying that people cry.
"They're saying, I was crying – I didn't want to cry.
"That I never thought about. My books were always ambitious, going beyond…
"And I admit it, I have books for little kids which are very simple.
"Then I was trying to somehow fulfil my artistic ego, and probably also trying to find my place in America, so I had books which were more ambitious, whether it was Galileo [Starry Messenger: Galileo Galilei] or Tibet [Tibet Through the Red Box] – some books which, as one publisher says, were looking over the shoulder of a child.
"But I also found out, for example with the Tibet book, that people have it and then some child reads it without any preparation, not knowing where Tibet is or what's going on – and gets one level of the story, of the missing father or whatever.
"And then maybe they get a little older and read it again – and then they read it with somebody who explains where Lhasa is and what is happening.
"So I would hope this would happen with this book.
"There was a big argument at one point.
"Somebody said, You can't publish this book – you don't show enough of the suffering during the war, enough of what happened to…
"But she was speaking from the position where she thought everybody in the book was Jewish.
"If you can make a difference, if you can do something in some moment – can you do it?"
"I would like to point out that according to these lists of Winton's, the majority of the children were Jewish, but there were also children who were children of political leaders who were afraid of the Germans, or whatever – this was a humanitarian, sort of universal thing.
"But this person, who is so used to the kind of literature which is being published about the Shoah, about the Holocaust, said, You should have told more about what was happening in these concentration camps.
"My perspective… and this is not entirely my doing – I wanted to put in more details of the suffering, but the editor of the book and my wife were good guides and I didn't.
"And in a way also it comes from the perspective of Vera, who doesn't know.
"They have a Czech school in Wales, where she's with the other kids, and then in 1943 only… She had been in England from 1939 and in 1943 she's growing up, she's adolescent and she's in this school full of kids and they listen to the BBC every evening.
"She has absolutely no news from home. Which again today – how do you explain to kids that there's no news?
"And they hear for the first time in 1943 that there might be some camps where the Germans are exterminating people.
"And she's still not able in her head to imagine that this would be, because she still hopes her parents may be in hiding.
"So that's her first encounter with something like that.
"Of course then the end of the war comes. And her mother does get out of Bergen-Belsen, but she dies of typhoid a few days later.
"So I think maybe that I created something where through not talking directly about it there is some feeling of horror in the background – because as a child you don't know probably why she comes home and there's nobody there.
"And the mention of the cat, because she used to love cats so much and this one she meets may be the grandchild [of her cat] – that's also a quote.
"I found out that after her book there is a big interview with her from the University of Delaware, which is done for Holocaust survivors who would explain that time.
"And she's getting questions like, Are you a Holocaust survivor? What's your name? Were you born in a hospital?
"It's almost sort of clinical.
"And she answers with such sincerity about the cats, and how she was trying to hide the cats because they were always pregnant and her father was upset and wanted to drown the kittens.
"Then there were some things that I didn't or couldn't include.
"Like the father writes to her in England, because she gets letters for the next, whatever it is, two months.
"Parents send presents and send presents to the English families to say, Thank you for taking care of our child
"And then everything stops, of course.
"The letters come from some intermediary in Holland.
"The father says, I wanted to paint the whole house but in the bathroom I found a message you wrote on the wall – and I decided not to paint that room because it's your handwriting on the wall.
"And then when she comes back after the war she finds her own handwriting, but the parents are gone.
"So there are there these little heartbreaking stories."
I've got to say I myself found the book really moving. It's a beautiful book I think – a great achievement. I'm wondering, what would you as the author hope that the reader would take away from Nicky & Vera?
"When I came to New York, when I was just fresh off the boat as an immigrant, I remember visiting somebody who had two cobblestones from Prague on their table in New York.
"She said these are cobblestones from Prague.
"And when I was a little boy I was jumping on these cobblestones or we were kicking them or whatever – and you were just taking them as, This is where you belong.
"You don't think about where it came from, or where it's going.
"But it was quite stunning when somebody said, Probably my family was grabbed to the concentration camps [across them]… and I said, No, no, these might be cobblestones where I was maybe going for a date.
"Or whatever – it just depends what story you project on this.
"But all of a sudden with doing now several projects to do with Prague, because the Tibet book starts in Prague also and The Wall, with the Communists, and The Three Golden Keys – it's interesting how I'm analysing Prague in the way how so many different things could happen.
"And sometimes I feel… again if I were living in Prague I maybe wouldn't notice.
"But I went to the park where people were coming when they were waiting for [Nazi] transports – it's a small place that now doesn't exist, it's [now] a hotel in Prague 7, before you get to Park kultury [Communist-era name for Výstaviště], to Stromovka...
"That was a place where people had to register. They were told for instance, Come Friday, 10 o'clock.
"Or all of a sudden you come to the place where Heydrich was assassinated.
"Or now you come to the Hotel Europa on Wenceslas Square, and you go, this is where Winton set up his office.
"And I know I don't know all the details – I know there were many more people who were helping him.
"One thing is to show really… that was the main discussion with my son: If you can make a difference, if you can do something in some moment – can you do it?
"Because I feel guilty… as a child the Communists would say, Let's say No to Uncle Sam.
"As a child you're part of the crowd and you go, Yes, let's condemn this.
"And all of a sudden you have a man who has nothing to do with Prague, who is passing through Prague, and he says, Wait a minute – these children are in danger, I will help them.
"And everybody says, Oh no, they are not in danger – it's OK. And he still does it.
"So that was the main lesson, I think.
"The other lesson was the connections which I can draw, even if I mention it just a little bit with the Nazi rallies or Kristallnacht, or how there were all these signs which we now know from history.
"It's the same like what's happening here now.
"You have all these signs and you go, Oh, these are just crazy people, they're dressed up like comic book characters and so what they got inside some government building.
"But then in 10 years this could be, like, step number three of whatever.
"I didn't want to overdo it, so I think everybody who wants to know what the Munich Agreement was can look the details up.
"That was another thing that I thought about, with the attitude towards England and France in Czechoslovakia after Munich – that you have these children going to England, which saves them.
"It was hard to tell the neighbours that they were going to England, after what England did.
"Another thing was with the trains, that the trains were not used yet to ship people to the East, so these are sort of 'friendly trains'.
"How did he manage to get these trains through Nazi Germany and Holland?
"So there are little things. For me it's like there are little snippets which are, I think, in a way educational. Or historical.
"And if you put it together it can have meaning for you.
"If not, then I just… I tried."
Daughter of "British Schindler" dies aged 68
Peter Sís on new documentary and Bowie collaboration that never was
"It's not typical of Peter Sís": New exhibition opens at New York Czech Center
"His story is a how-to manual": New Winton website launched


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August 28, 2019 | Judicial Watch
Judicial Watch Files Lawsuit against Santa Clara County Sanctuary Policy
(Washington, DC) – Judicial Watch announced today that it filed a lawsuit on behalf of a County of Santa Clara, CA, taxpayer to overturn a policy that protects aliens in Santa Clara County's custody from removal proceedings by federal immigration authorities. The taxpayer lawsuit, filed on behalf of Howard Myers, is against Laurie Smith, sheriff of Santa Clara County and Carl Neusel, acting chief of correction of Santa Clara County (Howard A. Myers v. Laurie Smith et al. (No. 19-CV-353510)).
Santa Clara County Board Policy 3.54(B) requires Immigration and Customs Enforcement (ICE) agents to obtain a "judicial arrest warrant" in order for the county to transfer custody of an alien. Federal law however does not require "judicial arrest warrants" for federal authorities to detain aliens, especially for those who had been incarcerated or arrested by local authorities.
Judicial Watch is asking the court to grant an injunction against the sanctuary policy because:
It is an "illegal local regulation of immigration;"
It is "preempted by federal law;" and
It is "barred by the doctrine of intergovernmental immunity," which prevents a state from intruding on the federal government's sovereignty.
On February 28, 2019, Bambi Larson, a Santa Clara County resident, was murdered inside her San Jose home. According to court documents, she suffered extensive and deep wounds consistent with a cutting tool. A few weeks later, Carlos Arevalo-Carranza was arrested and charged with Larson's murder. Arevalo-Carranza reportedly had multiple, prior convictions in Santa Clara County, including a conviction for burglary in 2015, convictions for battery of an officer, resisting arrest, and entering a property in 2016, and a conviction for false imprisonment in 2017.
He also reportedly had multiple, prior arrests in 2015-2018 in both Santa Clara County and Los Angeles County, including arrests for possession of drug paraphernalia and methamphetamine, prowling, and false identification. At the time of Larson's death, Arevalo-Carranza reportedly was on probation for possession of drug paraphernalia and methamphetamine, false imprisonment, and burglary.
ICE officials sent six separate requests to Santa Clara County, when Arevalo-Carranza was about to be released from its custody, asking that he be detained long enough for federal immigration officials to take him into custody for removal proceedings. Each request was ignored because of Santa Clara County's sanctuary policies.
In March 2019, San Jose officials reportedly "criticized so-called sanctuary policies they say prevented federal authorities from detaining a gang member in the country illegally before he allegedly killed a woman." The murderer was a, "self-admitted gang member," with a "long criminal history in the San Francisco Bay Area and Los Angeles spanning five years."
"Sanctuary policies are illegal and deadly," said Judicial Watch President Tom Fitton. "Judicial Watch has been a leader (and often the only) legal opponent to sanctuary policies that ignore federal and state laws concerning immigration at the expense of the public's safety, the rule of law, and our national security. Our new taxpayer lawsuit simply seeks to stop tax dollars from being spent on a sanctuary policy that harms public safety and undermines the rule of law."
Judicial Watch is also pursuing a taxpayer lawsuit against San Francisco's illegal immigrant sanctuary policies, which is scheduled to go to trial in 2020.

redpajama_set_name: RedPajamaCommonCrawl


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Q: How to set script only run one times? Greasemonkey/Tampermonkey For example. new tab and include website is the same url
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redpajama_set_name: RedPajamaStackExchange


What steps do I need to take following a subway crash?
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Can I take legal action?
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How do you file a lawsuit for subway accident?
You must file a written Notice of Claim within 90 days of your subway accident with NYCTA in order to sue. You should contact an experienced attorney when filing a document of this significance.
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Contact our personal injury attorneys today for a free consultation!


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People v. Meyer
People v. Wilson
[13] Defendant asserts that the trial court erred in permitting the district attorney to keep several items…
People v. Powell
[Citation.]" ( People v. Greer, 30 Cal.2d 589, 596 [ 184 P.2d 512].) [3] Further, an offense is necessarily…
Full title:THE PEOPLE, Plaintiff and Respondent, v. DONALD DUNCAN MEYER, Defendant…
Court:Court of Appeal of California, First District, Division Two
Date published: May 27, 1963
216 Cal.App.2d 618 (Cal. Ct. App. 1963)
31 Cal. Rptr. 285
Court of Appeal of California, First District, Division Two
Docket No. 4235.
APPEAL from a judgment of the Superior Court of the City and County of San Francisco and from an order denying a new trial. Harry J. Neubarth, Judge. Judgment affirmed; appeal from order dismissed. Motion to augment record granted.
Prosecution for making a false statement and giving a false name or address in a narcotic prescription and for illegal possession of narcotics. Judgment of conviction affirmed.
Vincent Hallinan and Carl B. Shapiro for Defendant and Appellant.
Stanley Mosk, Attorney General, Edward P. O'Brien and Derald E. Granberg, Deputy Attorneys General, for Plaintiff and Respondent.
AGEE, J.
Defendant, a licensed physician, was indicted and convicted on 22 counts, each charging a narcotic offense. He was sentenced on counts 1, 4, 5, 8, 9, 12, 13, 16, 17, 18, 20 and 22, the sentences to run concurrently. The other 10 counts were dismissed by the court on its own motion, in compliance with the preclusion of double punishment for the same act. (Pen. Code, § 654.)
[1] Defendant has appealed from the judgment and from the order denying his motion for a new trial. The latter is no longer appealable except in certain circumstances not present here (Pen. Code, § 1237, subd. 2; People v. Britton, 205 Cal.App.2d 561, 562 [ 22 Cal.Rptr. 921]), but we may review it on the appeal from the judgment ( People v. Lessard, 58 Cal.2d 447, 450 [ 25 Cal.Rptr. 78, 375 P.2d 46]).
The counts in the indictment relate to 10 prescriptions written by defendant, as to each of which he is charged in separate counts with a violation of section 11170, subdivision(2) and a violation of section 11170.5 of the Health and Safety Code. The additional two counts (17 and 20) each charges a violation of section 11500 of the Health and Safety Code. Number 17 relates to the same incident upon which counts 15 and 16 are based. Number 20 is similarly related to counts 18 and 19.
"No person shall make a false statement in any prescription. . . ."
"No person shall, in connection with the prescribing . . . of a narcotic, give a false name or false address."
This section proscribes the unlawful possession of narcotics other than marijuana.
[2] The evidence as to each prescription showed a uniform pattern, that defendant had written a narcotic prescription in the name of a person who usually was or had been a patient of his, that the prescription had been filled by some pharmacy, but that the person for whom the prescription was purportedly written never received either the prescription or the prescribed narcotics.
Evidence was also produced to show that the defendant had on occasions made illicit sales of fairly large quantities of narcotics to an acknowledged user.
The prosecution's theory was that the defendant used the prescriptions as a means of procuring narcotics which were subsequently used to supply persons other than those named on the prescriptions.
Sufficiency of the Evidence
Defendant argues, as to the 20 prescription counts, that no crime was committed because each of the 10 prescriptions in question bore the true name of some person and that same person's true address. Thus, defendant continues, he did not violate either section 11170, subdivision (2) (making of any false statement in a prescription) or section 11170.5 (giving of a false name or address in connection with the prescribing of a narcotic), even though the prescriptions were not in fact written for the persons for whom they purported to be written.
Understandably enough, the point has never before been made to an appellate court of this state. Under similar circumstances, the use of an actual person's name on a prescription was held to be as much of a falsification as would have been the selection of a fictitious name. ( State v. Harkness, 1 Wn.2d 530, 538 [ 96 P.2d 460, 464].) We do not believe that it is necessary to labor the point.
[3a] Defendant also argues the insufficiency of the evidence as to the possession counts, numbered 17 and 20. Count 17 relates to the unlawful possession of 48 Dilaudid tablets which were delivered to defendant's office by the Apothecary Pharmacy on May 19, 1961. Defendant telephoned the prescription in to the pharmacy. He told the pharmacy, which was concerned about delivery because the patient lived in Pacifica, to send it to his office C.O.D. and that he would get it to her since he intended to make a house call the following day. Defendant admitted writing the prescription and that someone from the pharmacy picked it up at his office. The prescription is in evidence. The person for whom the prescription was purportedly written, Mrs. Mary Castro, testified that she had never received the prescription or the prescribed narcotics. In fact, she was not treated by defendant after May 14, 1961. On May 19, 1961, she was taken to the San Mateo County Hospital by ambulance, where she remained until September 16, 1961.
Defendant's contention is that there is no direct evidence that he personally received the drugs in question. His counsel's cross-examination of the pharmacist brought out the point as follows: "Q. Do you know who received it in his office, was there any receipt? A. That I cannot tell you. I know it was delivered to the office and it was paid for in the office."
[4] However, it is well established that mere constructive possession of a narcotic constitutes a violation of the possession statute. ( People v. White, 50 Cal.2d 428 [ 325 P.2d 985]; People v. Cahill, 163 Cal.App.2d 15 [ 328 P.2d 995].) [5] It is likewise true that such constructive possession can be proved by circumstantial evidence. ( People v. Cahill, supra, pp. 20-21; People v. Blinks, 158 Cal.App.2d 264, 267 [ 322 P.2d 466].)
[3b] Here, the narcotic left the pharmacy under an arrangement made by the defendant that it was to be delivered to him at his office and that he, in turn, would deliver it in person on the following day to the patient at her home in Pacifica. Defendant had dominion and control over the narcotic when it arrived at his office and it is not necessary that he personally receive it or know of its arrival. ( People v. White, supra, p. 431.)
[6a] The defendant also questions the sufficiency of the evidence as to the felonious nature of the possession. In so doing he presumably relies upon the privilege to possess narcotics which is afforded to physicians. [7] It is true that certain privileges with respect to the possession of narcotics are afforded to physicians and others engaged in the care and treatment of the sick. However, these privileges are not absolute, and the statutes and cases carefully circumscribe the possession and use of narcotics by such persons to the purpose of the privilege ( People v. Marschalk, 206 Cal.App.2d 346, 350 [ 23 Cal.Rptr. 743]). When the possession of the narcotic is for a purpose not connected with the privilege, the possession is unlawful ( People v. Marschalk, supra, p. 350; People v. Silver, 176 Cal.App.2d 377, 379-380 [ 1 Cal.Rptr. 179]).
[6b] Under the facts and circumstances as presented at the trial, virtually the only inference the jury could draw as to the nature of the possession was that it was unlawful and that the defendant had written the prescription as a means of acquiring the narcotics for his own illicit purposes. The jury was presented with instance after instance in which the defendant had written prescriptions which were later filled by various pharmacies and yet the person for whom the prescription was supposedly written received neither the prescription nor the narcotics. The jury had also received evidence of illicit sales of narcotics by the defendant to an acknowledged user. Under such facts, the jury quite properly concluded that the defendant's possession of the narcotics was an unlawful one.
[8] Count 20 relates to the unlawful possession of 40 Dilaudid tablets covered by a prescription dated August 3, 1961, written by defendant. On said date he presented the prescription at the Day Drug Company and personally received the narcotics which it called for.
The prescription was purportedly written for a Maude Heady. On July 27, 1961, she had been removed from her hotel room on Powell Street, San Francisco, to San Francisco General Hospital. She remained there until transferred to Napa State Hospital on September 11, 1961. During the period when she was at the General Hospital, defendant was not allowed to treat her because the hospital rules provided that only physicians on its staff were authorized to treat patients confined there.
The defendant admitted knowing that this was the rule. Nevertheless, he testified that he delivered the narcotics to Mrs. Heady at the hospital. Mrs. Heady died on January 22, 1962. The jury was thus left with the admitted possession of the narcotics by the defendant, his uncorroborated explanation of what he did with them, and the reasonable inferences that could be drawn from all of the surrounding circumstances, including his course of conduct in numerous other similar instances.
We cannot say that the jury was unreasonable in drawing the inference that this was but another instance in which the defendant had used a prescription supposedly written for a patient as a means of acquiring narcotics for his own purposes. Such a possession does not come within the purpose of the privilege afforded to him as a physician and consequently it was an unlawful possession. ( People v. Marschalk, supra, p. 350.)
(a) Credibility of narcotics user as a witness. One Harry Chapman was called by the prosecution as its witness. He admitted being a user of narcotics, giving as an excuse that he had injured a leg in an accident. He admitted taking a narcotic on the morning of the day he testified.
The court refused to give the following instruction proposed by defendant: "You are instructed that the inordinate use of a narcotic drug tends to create an irrestible [ sic] craving and forms a habit for its continued use until one becomes an addict, and he respects no convention or obligation and will lie, steal, or use any other base means to gratify his passion for the drugs, being lost to all considerations of duty and social position." (Italics ours.)
The factual situation contemplated by this requested instruction refers to the veracity of an addict when seeking "to gratify his passion for the drugs." There is no evidence in this case to support the hypothesis that the witness was seeking, by his testimony, to obtain drugs for his own use. He testified that he had illegally obtained Percodan tablets from the defendant on many occasions. The effect of such testimony would be to cut off this source of supply rather than to continue or create one.
The form of the instruction, as proposed by defendant, does not require any discussion of the broad proposition, which defendant now urges in his brief, that the trial court should instruct the jury on "the effects of narcotics on the integrity and moral caliber of the addict." It may be noted, however, that there is a considerable disagreement on the subject. (See Juviler, Psychiatric Opinions as to Credibility of Witnesses: A Suggested Approach, 48 Cal.L.Rev. 648, 676-679.) No decision has come to our attention which discusses the propriety of an instruction to the effect that a narcotics addict is more likely to lie than a witness who is not so addicted. [9] As stated by Juviler, supra, at pages 677-678: "But according to the more modern theory, drugs do not convert addicts into liars. . . . This view is subject to the caution that if the addict is deprived of the narcotic, he may perjure himself to obtain the drug; but it also entails the paradox that the addict may be most credible when using the drug." (Italics by the author.)
Counsel appearing on this appeal are not the same counsel for appellant in the trial court.
(b) Refusal of "included offense" instruction. This instruction proposed to tell the jury that the offenses (felonies) charged in the indictment under sections 11170, subdivision (2), and 11170.5 of the Health and Safety Code necessarily included the offenses (misdemeanors) denounced by sections 11168 and/or 11225 of the same code. The defendant's objective is stated in the first paragraph of his proposed instruction, as follows: "You may find the defendant guilty of any offense, the commission of which is necessarily included in that with which he is charged, if, in your judgment, the evidence supports such a verdict under my instructions." (Based on Pen. Code, § 1159.)
[10] The test as to what offenses are necessarily included offenses within the meaning of section 1159 of the Penal Code is whether the lesser offense is necessarily included under the language of the accusatory pleading. ( People v. Marshall, 48 Cal.2d 394, 405 [ 309 P.2d 456]; People v. Lawrence, 198 Cal.App.2d 54, 64 [ 18 Cal.Rptr. 196].) In the instant case, each of the 20 counts charging a violation of either section 11170, subdivision (2), or section 11170.5 of the Health and Safety Code is couched essentially in the language of the code section alleged to have been violated. The question then is whether, under the language of these charges, the defendant necessarily must violate section 11168 or section 11225 or both, in order to commit the offense charged. ( People v. Marshall, supra.)
Section 11168 provides: "No person shall prescribe, administer, or furnish a narcotic except under the conditions and in the manner provided by this division."
Section 11225 provides: "Every person who issues a prescription, or administers or dispenses a narcotic shall make a record that, as to the transaction, shows all of the following: (a) The name and address of the patient. (b) The date. (c) The character and quantity of the narcotics involved. (d) The pathology and purpose for which the prescription is issued, or the narcotic administered, prescribed, or dispensed."
This question, so far as it relates to section 11168, was specifically answered in the negative in People v. Lawrence, supra. Only section 11170.5 (false name and address) was referred to in this connection, but the court's reasoning is equally applicable to section 11170, subdivision (2) (false statement in prescription). Both of these sections refer to the form of a prescription or record, whereas section 11168 refers to the substantive matter of prescribing a narcotic for a person who is not legally entitled to it. [11] In other words, while the placing of a false name or address on a prescription by a physician involves a violation of both section 11170, subdivision (2), and section 11170.5, it does not necessarily involve a violation of section 11168.
[12] In Lawrence, the court said, at page 65: "As to count 2 — section 11170.5 provides a specific offense — giving a false name or address in connection with prescribing a narcotic. Section 11168 is a general statute prohibiting the prescribing, administering or furnishing of narcotics not under the conditions provided by division 10. The Legislature must have had some object in mind when it provided a general offense and the specific offense. A reasonable interpretation of section 11168 would not include the giving of a false name or address. Prescribing or furnishing a narcotic not under the conditions provided by the division refers not to the form of a prescription or record, but to the substantive matter of prescribing a narcotic to an individual not entitled to receive it because his situation does not meet the conditions prescribed in division 10. The offense of violating section 11170.5 is charged in the language of the code. It can be committed without necessarily violating section 11168. For this reason section 11168 is not an offense included in section 11170.5."
The court further pointed out that, even if section 11168 would apply to the giving of a false name or address, such an act would not constitute a lesser included offense within section 11170.5, but would constitute an identical offense with the latter, and the defendant would not be entitled to be found guilty of the same offense under section 11168, which provides a lesser punishment than is the punishment under section 11170.5. As to this point, the court cited and relied upon Berra v. United States (1955) 351 U.S. 131 [76 S.Ct. 685, 100 L.Ed. 1013].
[13] Nor was section 11225 a lesser included offense within sections 11170, subdivision (2), or 11170.5. Section 11225 relates solely to the record which a person must make and preserve (§ 11226) concerning narcotics which he has prescribed, administered or dispensed. On the other hand, section 11170.5 relates to the giving of a false name or address in connection with prescribing a narcotic, and section 11170, subdivision (2), prohibits the making of a false statement in any prescription, order, report or record required by division 10 of the Health and Safety Code.
It seems clear that one could violate section 11170.5 or section 11170, subdivision (2), without necessarily violating section 11225. For example, a "patient" may properly be convicted under section 11170.5 for giving a false name and address to the prescribing physician. ( People v. Oviedo, 106 Cal.App.2d 690 [ 235 P.2d 612].) Yet such a "patient" would not thereby be violating section 11225 because that section only imposes a duty upon one "who issues a prescription, or administers or dispenses a narcotic." [14] And a physician could violate sections 11170, subdivision (2), and 11170.5 by writing a false prescription of the type involved herein and still comply with section 11225 by making a truthful entry of the transaction in his office narcotic records.
[15] Another manner in which section 11170, subdivision (2), may be violated without necessarily violating section 11225 is by the making of a false statement in any written order required to be executed under the provisions of section 11570. This latter section authorizes retail sales of narcotics by pharmacists to physicians, dentists, chiropodists, and veterinarians without the requirement of a prescription. Such a purchase order would in no way be subject to the provisions of section 11225, which applies only to the record to be made as to the prescribing, administering or dispensing of a narcotic to a patient. Yet a false statement in the purchase order required by section 11570 would violate section 11170, subdivision (2), in that it would constitute the making of "a false statement in any prescription, order, report, or record, required by this division [§§ 11000-11853]."
To summarize, a defendant who is charged in the wording of section 11170, subdivision (2), or section 11170.5 does not always have to violate section 11225 in order to commit the offenses charged. This is the test. ( People v. Marshall, supra, p. 398.)
[16] Moreover, even if a defendant was charged under section 11170, subdivision (2), for making a false statement in a record and it could be said that the same act could constitute a violation of section 11225, such an act would not constitute a lesser included offense but rather would constitute an identical offense. (See discussion, ante.)
[17] The trial court properly refused the defendant's "included offense" instruction, since neither section 11168 nor section 11225 was a lesser and "necessarily included" offense within section 11170, subdivision (2), or section 11170.5, either under the language of the charges as pleaded or under the facts and circumstances as shown by the evidence.
[18] (c) Defendant offered two instructions which set forth his argument as to what might have happened to narcotics and records kept in his office. These requested instructions are similarly worded, one referring to narcotics and the other to records.
They advised the jury that the defendant kept his patients' records and narcotics in an unlocked office filing cabinet which was readily accessible to his employees and other persons who might be in his office suite from time to time; that the fact that certain narcotics and records were missing or unaccounted for would no more serve to prove that defendant had dispensed or disposed of the same than it would tend to establish that they were disposed of by some employee or other person having access thereto.
These proposed instructions are argumentative and evidentiary in form. The jury was fully and correctly instructed on circumstantial evidence and inferences which could be drawn therefrom. We find no error in the refusal of the trial court to give the instructions requested.
[19] (d) Defendant complains of the giving of an instruction to the effect that each count in the indictment charged a separate and distinct offense and that he might be convicted or acquitted upon any or all of the offenses charged.
Defendant's contention is stated as follows: "To instruct the jury that they could acquit the defendant on count 1 and convict him on count 2, for example, is a distinct misstatement of the law, because the two counts are in fact different ways of stating the same offense."
This contention is answered by section 954 of the Penal Code, which permits the charging in separate counts of the same offense and further provides that the prosecution may not be compelled to elect between the different counts and that an acquittal on one or more counts shall not be deemed an acquittal on any other count. Thus, an instruction that defendant could be convicted or acquitted on any or all of the offenses charged was proper.
[20] Conversely, it would be improper to instruct the jury that, if they convict defendant of count 1, they were required to acquit him on count 2. Here, as to each prescription, the same identical facts amounted to violations of both of the charged code sections.
Contrasted to this is a situation where it would be inconsistent factually for a jury to find that a defendant's conduct violated multiple charged counts. [21] Where the offenses charged are mutually exclusive, a jury should be instructed to acquit on one alternative if they should convict on the other. ( People v. Persky, 167 Cal.App.2d 134, 140-141 [ 334 P.2d 219].) [22] Where the charges are not mutually exclusive and the defendant may be found guilty on more than one charge without any factual inconsistency, the protection afforded to him is not one against multiple conviction (Pen. Code, § 954) but rather against multiple punishment (Pen. Code, § 654; People v. Brown, 49 Cal.2d 577, 591 [ 320 P.2d 5]; People v. Hawkins, 196 Cal.App.2d 832, 838-840 [ 17 Cal.Rptr. 66]).
(e) The last instruction complained of refers to the effect of possession of narcotics by an employee of defendant for the purpose of delivery to a patient. It applies only to one of the two possession counts, count 17, since defendant testified that he had personally delivered the narcotics involved in count 20 to the patient, Mrs. Heady, at San Francisco General Hospital.
The evidence relating to count 17 has already been discussed under "Sufficiency of the Evidence." The pharmacist who filled the prescription testified that defendant had stated that the narcotics were to be delivered to his office and that he would take them to the patient himself on the following day.
The defendant inferred in his testimony that a Toni Whitson, who had been an employee of his, actually delivered the narcotics to the patient. In response to a question by his counsel as to this, defendant testified as follows: "I don't know that but I suspect so." He further testified that he had talked to Mrs. Whitson about getting the prescription out to Mrs. Castro, the patient, and that, when the messenger from the pharmacy called at his office to obtain the prescription signed by defendant, either he or Mrs. Whitson handed it to him. Mrs. Whitson figured rather prominently in the case. The defendant wrote prescriptions for her under various names but he testified that "the name we carried her on the payroll was Fantasia, after the annulment."
Thus, a factual situation was set up which might have caused the jury to believe that the defendant had entrusted the narcotics to Mrs. Whitson for delivery to the patient. This being so, the court felt impelled to instruct on the legal effect thereof.
[23] The instruction given was extremely favorable to the defendant. It is as follows: "You are instructed that the defendant had the legal right to prescribe narcotics for patients and in so doing to facilitate their delivery to the patient, and that in order to find him guilty of the crime of possession, you must first find not only that he did not make out a prescription in good faith for a patient for the treatment of a pathological condition, but that he did not make any effort in good faith to deliver either the prescription or the narcotic issued thereunder to the patient; and in this connection you are instructed that the employment of his office personnel to make said delivery is neither illegal nor in any way improper unless you can also find that the doctor had actual knowledge that the delivery to patients would not be made by said personnel, and that he made no effort to correct the situation."
Defendant states his criticism of this instruction as follows: "[I]t was clearly error to instruct the jury that the doctor would be liable for the treachery of his employees or of other persons who were working adversely to him and not in concert with him."
This criticism is unwarranted. The instruction told the jury very plainly that the defendant could use his office personnel (Toni Whitson) to make the delivery unless he had actual knowledge that she would not make the delivery and he made no effort to correct the situation.
Alleged " Evidentiary Errors"
[24] (a) Defendant complains of the court's ruling that he could not impeach a prosecution witness, Mrs. Clausen, by showing that she had made a claim against an insurance company for damages arising out of an automobile accident, which claim included a false representation that she had paid the defendant a certain amount of money for medical services rendered to her by him. The ruling was correct. A witness may not be impeached by evidence of particular wrongful acts with the single exception of showing a felony conviction. (Code Civ. Proc., § 2051; Steen v. Santa Clara Valley M. L. Co., 134 Cal. 355 [ 66 P. 321]; People v. Courtney, 176 Cal.App.2d 731, 742 [ 1 Cal.Rptr. 789].)
[25] (b) With no reference to the transcript as required by rule 15 (a) of the California Rules of Court (formerly rule 15(a) of the Rules on Appeal) and with no citation of authority, the defendant contends that the prosecution prejudiced his defense by withholding information as to the names and addresses of prosecution witnesses and in not making available to him his business records. While the prosecution has made a long and indignant reply, we need not further consider a contention made in this manner. (Cf. People v. De Shore, 192 Cal.App.2d 679, 680-681 [ 13 Cal.Rptr. 472]; People v. MacArthur, 125 Cal.App.2d 212, 217 [ 270 P.2d 37]; 4 Cal.Jur.2d, Appeal and Error, §§ 482, 484.)
(c) Defendant's counsel rather dramatically interrupted the direct examination of the prosecution witness Harry Chapman by stating: "Your Honor, I would like to make a motion. Your Honor, I move the Court at this time that this witness be examined by a psychiatrist. I don't feel that this man is a qualified and competent witness." The motion was denied.
[26] The determination of the competency of a witness is almost wholly within the discretion of the trial court. ( People v. McCaughan (1957) 49 Cal.2d 409, 421 [ 317 P.2d 974]; People v. Wilder (1957) 151 Cal.App.2d 698, 706 [ 312 P.2d 425].) No abuse of that discretion has been shown. The transcript of his testimony indicates that he was very competent.
(d) Defendant complains that the record on appeal does not include three tape recordings of telephone conversations in which defendant participated. These tapes were admitted in evidence and played to the jury. We have now augmented the record by adding them. Defendant does not make any other point with respect to the tapes or the conversations recorded thereon and therefore we have not caused them to be transcribed.
Denial of New Trial
[27a] Defendant states that "he based this request [for a new trial] on an affidavit of a primary prosecution witness, Amelia McKay, who heard Esther Clausen, another prosecution witness, admit that she had lied on the witness stand and this admission was made in the presence of the District Attorney." Defendant styles this as "newly discovered evidence." No counteraffidavits were filed by the prosecution.
[28] The granting or denial of a motion for a new trial on the ground of newly discovered evidence rests in the sound discretion of the trial court. ( People v. Beard, 46 Cal.2d 278, 281 [ 294 P.2d 29].)
[27b] Mrs. McKay's affidavit is to the effect that Mrs. Clausen had just completed her testimony and was standing in the corridor outside the courtroom with the prosecuting attorney and a narcotics agent; that the prosecutor asked her "why did you lie on the witness stand?" and Mrs. Clausen replied that "I don't know, I didn't know what to say."
There is nothing in the affidavit or elsewhere which indicates what portion of Mrs. Clausen's testimony allegedly was being discussed except the following statement in the affidavit: "Mr. Shaw [prosecutor] and Mrs. Clausen were discussing what she had just said on the witness stand . . ." (italics ours).
Mrs. Clausen was on the stand for two full days, interrupted only by three short witnesses. She concluded her testimony on the morning of the third day and the conversation in question is alleged to have occurred immediately thereafter.
The trial judge had had the opportunity of observing Mrs. Clausen on the witness stand and hearing her testimony. He was not required to accept as true the affidavit of Mrs. McKay even in the absence of any affidavit to the contrary. ( Lohman v. Lohman, 29 Cal.2d 144, 149 [ 173 P.2d 657]; People v. Canada, 183 Cal.App.2d 637, 642 [ 7 Cal.Rptr. 39].) We cannot say that the denial of a new trial was an abuse of discretion.
Denial of Probation
[29] Probation is not a matter of right but rather is an act of clemency. ( People v. Miller, 186 Cal.App.2d 34, 36 [ 8 Cal.Rptr. 578].) [30] An order denying probation will not be reviewed on appeal unless the record clearly shows an abuse of discretion. ( People v. Roberson, 167 Cal.App.2d 542, 545-546 [ 334 P.2d 578].) We find no such abuse in the instant case.
" The Errors Were Prejudicial"
Under this heading, defendant argues that the errors complained of became highly prejudicial because the question as to his guilt was so close.
(a) "The Poisoned Well." This point consists of an attack upon the characters of the prosecution witnesses and concludes that "a jury could readily disbelieve the stable of witnesses dredged up by the District Attorney when their character and reputations were weighed against the character and the reputations of the defense witnesses." The credibility of the witnesses was for the jury to decide. (Code Civ. Proc., § 1847)
[31] (b) "The Shotgun Approach." Defendant contends that the jury must have been unduly influenced against the defendant by the number of counts (22) charged in the indictment, whereas only 10 prescriptions were directly related to these charges. As we have seen, such pleading is permissible under the law (Pen. Code, § 954) and we find no impropriety in charging the defendant accordingly.
Although defendant has not raised the point, we note that there is a variance between the verdicts returned on counts 3 and 4. In each form of verdict prepared for the jury's convenience, there were included the name of the "patient" and the date of the prescription as they appeared thereon. For example, in the verdicts prepared as to counts 1 and 2, the following appears on each: "Isabel Spirit — 10/13/61 20 cc vial dolophine."
As to counts 3 and 4, however, there is a variance as to dates. The form of the verdict as to count 3 has the following: "Esther Clausen — 8/ 9/61 28 dilaudid." Whereas, the form as to count 4 has the date as "8/ 19/61." (Italics ours.) However, there was no confusion at the trial as to the correct date of the incident involved, which is August 19, 1961. The prescription was so dated and was admitted in evidence. The date, August 9, 1961, was never mentioned in connection with any other prescription which listed Mrs. Clausen thereon as the "patient." All of the testimony regarding this prescription fixed the date as August 19, 1961.
[32] Defendant points out that counts 3 and 4 of the indictment allege the date of the occurrence of the offense to be September 22, 1961, instead of August 19, 1961. However, no question of variance was raised during trial nor was there ever any confusion during the trial because of such variance.
In his opening statement to the jury, the prosecutor stated: "And in Counts 3 and 4, the same situation prevails. We are talking about one prescription but charging two different violations . . . Counts 3 and 4 involve the issuance of a prescription by the Doctor on August 19th in the name of Esther Clausen, who, the testimony will show, was previously employed as a medical secretary for the defendant." (Italics ours.)
Within minutes thereafter, Mrs. Clausen took the witness stand and testified concerning this prescription. The defendant has not shown that he was misled or that any prejudice resulted to him from the variance between the date charged and the date when the evidence shows the offense actually occurred. He admitted writing the prescription, his defense being that he did so as a physician prescribing for Mrs. Clausen as a patient.
The rule applicable here is as stated in section 955 of the Penal Code, as follows: "The precise time at which the offense was committed need not be stated in the accusatory pleading, but it may be alleged to have been committed at any time before the finding or filing thereof, except where the time is a material ingredient in the offense." (Italics ours.) We find that no prejudice was suffered by defendant as the result of the variance.
(c) Conviction by Hearsay. Defendant complains that three of the seven "patients" named in the prescriptions involved in the 22 counts were not called as witnesses. Mrs. Heady, one of these, died before the trial. Another, Linda Walker, was living in the Hawaiian Islands at the time of trial. The third, Annie Ward, was committed to Napa State Hospital prior to the trial, on the basis of a diagnosis of chronic undifferentiated schizophrenia.
However, the convictions as to the counts in which these three persons were named on the prescriptions in question (5, 6, 18, 19, 20, 21, and 22) were based on either direct or circumstantial evidence offered by other witnesses who testified quite properly as to those phases of the case concerning which they had personal knowledge. (Code Civ. Proc., § 1845) [33] A verdict based upon circumstantial evidence in part is no basis for complaint.
The judgment is affirmed and the appeal from the order denying a new trial is dismissed.
Kaufman, P.J., and Shoemaker, J., concurred.


Next Article Domino2025 webinar – a technology U-turn?
I read your question on SO and I never ever experience that weird behaviour with replaceItemValue. I only got in trouble when using a value that's not suitable for an item like a Java Date.
Empty fields are quite a source of sometimes headache. Have you considered to Remove the item instead?
Since you are using ScanEZ, checking the IsSummary should be EZ, The property also shows up in the document property box, in the fields tab if you select the field. The property 'Field Flags:' shows if the Summary bit, the names bit, the authors bit or the readers bit is set.
About showing up in the view: it might be view properties that prevent the view from updating. Especially 'Auto, at most every' x hours can really surprise you.


January 3rd Question: What steps have you taken to put a schedule in place for your writing and publishing?
Am I allowed to cry here? Or laugh ... hysterically?
Yeah, my life is more than a little wacky at the moment and things like schedules for anything other than the day job are more than a little loosey-goosey.
That said, I do tend to write during the weeknights - after the rest of my Real Life has been dealt with. I can usually get in thirty minutes to an hour a night, which isn't bad. Because of family commitments, the weekends tend to be a write-off (yep, pun intended). The whole attempt-at-publishing thing has been put on hold for the past 6 years due to Real Life and its many demands. Instead, I've been working on improving my craft and learning (there's always SO MUCH to learn!).
I'm hoping to one day have an actual schedule and be able to push my way into that publishing world!
How about you? Do you thrive on schedules or do they make your soul quiver?


text:
Marcie Telander
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Winter Divination and Prophesy, New Year's Tradition --Jan. 20, 2010
In my German and Scandinavian heritage the old Sami tradition of the indigenous reindeer herders of the vast sweeps of tundra above Sweden and Norway is still celebrated. The melting and casting of what children called "Reindeer Shoes" is a remnant of the ritual of "Divining" or seeking information about the coming year. We also honor "Winternight's Feast" and alfablot the "elf-blessing" which welcomes the house wights , (spirits and ancient ones), mound alfs (elves and trolls) and nisse, the Little People who watch over our homes and the land we tend. The woman of the house first sweeps and cleans every corner of the home. Then she walks around the outside of the dwelling three times and standing in the open doorway calls out this welcome, "the bidding-in of the elves":
"Come, those who wish to come, Stay, those who wish to stay, and Fare, those who wish to fare, harmless to me and mine."** And of course the alfs and wights love a good meal, and appreciate a clean home, just as they value good manners. You are warned to offer proper thanks when they come bearing gifts, but be careful not to drink the brew made by a troll. It is said that it can stun and enchant a mere human being causing him to lose memory of the entire coming new year. A heavy troll's ransom to pay for just one evening of partying! **(Many thanks to Northern Tradition scholar and ritualist, Kveldulf Gundarsson for the full translation of this "bidding chant.")
Midwinter is also the time for Scandinavians to turn toward the sagas or Wise Women-Storytellers, for the reading of the runes. The staves of soft wood or small, flat stones were carved with symbolic pictographs, which, when cast and read in combination by the sagas, it was believed could reveal the fate of a tribe or an entire kingdom. Thus, the word saga indicates a family history, or story of the tribe's destiny.
For the Romans the usually grumpy and disapproving god Saturn, known as the Sun of Night, suddenly became jolly with the lengthening of the days. We can surely relate to this change in personality! Saturnalia, as the celebration after the Solstice was called, was a time of wild carrying-on, drinking, eating and general merriment. And, Saturn also offered a chance to "take your medicine" for the New Year. Saturn's symbolic sign was comprised of the ancient letters RX, signifying the healing aspects of the return of the sun after the shortest day of the year. One of the first New Year acts of resolution for many early Romans was to write these letters on pieces of paper and eat them in the hope that their curative powers alone would dissolve some of the damage of bacchanalian debauches from the previous year. This celebration may be the first that also provided a "morning-after" prescription.
Celtic New Year, Vinotok to Yuletide
Not every culture celebrates the new year after Yule or Christmas. For the pagan Celts, Mabon or the Autumn Equinox was the beginning of preparation for the next era. Between this time through Samhain, or All Hallows Eve and on until Yule, the season was considered wide open to release and revelry. Great bonfires were lit, and anyone who dared leaped over the flames to insure that the healing powers of the sun would stay with them throughout the dark stages of the new year. A horse-drawn cart with a beautiful village woman, symbolizing the pregnant Earth Mother Brigid, was led from cottage, to inn, to pub. Accompanying the Earth Mother was the Green Man, a village lad, beloved of the local maidens who symbolized the fruits of the fields and was honored by the men as the Brother of all forest creatures. In the spirit of the harvest feasting and human generosity, groups who followed the cart went "a-souling" requesting, "Please good mistress, a soul-cake, an apple, a pear, a plum, a cherry, any good thing to make us all merry." To insure prosperity and neighborly support in the coming year, food and drink were given to these early carolers, called "mummers," especially because they would not remain quiet or "mum!" In turn they would often act out a bawdy story or religious mystery play with political overtones for assembled feudal lords and villagers. In these performances the villagers could portray the wealthy while the wealthy must remain humble and silent.
This celebration of the Common People, or ceremoniously reversed order of conventional routines also offered a rare benefit. Jesters, jugglers and actors were given the one-time protection of the feudal lord. At this time of the year, they were allowed to become wards of the state, literally "child-priests" who were not held responsible for what they did or said. Thus the tradition sprang up of year-end spoofs, burning of effigies and reversal of roles as the Village Fathers watched, but did not interfere with the general, all-out revelry. (If these festivities sound suspiciously like Crested Butte's own Vinotok and Fall Villagers' Festival, it is because a similar Slavic/Celtic tradition of release from our valley's founding families occurred in ancient times to bring a sense of humor and much-needed joy to the coming dark times of winter. We may have traveled through centuries and across oceans to get to the New World, but we haven't forgotten how to throw a good bash when we need one.)
May we remember the way our ancestors and our own souls have found their paths to this time of rebirthing and awakening light. In our New Year's resolutions may we remember our Mother Earth, and our brothers and sisters—both two-legged and four-legged—in our determination to improve this tiny interconnected globe. May we remember the world's food and population crisis and the fact that many Americans consume four times our comparative "fair share" of what some other parts of the world use. We must remember that if we consume to fill the emptiness of our dissatisfaction, we are most often devouring what others need to survive.
For those of us who rose early on December 25th to light the symbolic fires of life and joined the worldwide silent meditation for peace and healing, a small part of the hope and promise of 2010 became part of our New Year's resolutions. By joining millions of people from every culture around the world in this meditation, perhaps we are recapturing and activating the spirit of forgiveness and prophecy that were so important to our ancestors in their various New Year celebrations. For good reason, almost every culture believed in the prophetic qualities of the moment when one stands between the old and the new year.
"We are the Old People,
We are the New People,
We are the same People,
deeper than before."
We may no longer have sagas or oracles to decree our futures to us, but we still surely believe in the human potential toward growth, and the healing transformation so necessary for our shared future. HAPPY NEW YEAR!


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Deal or no deal - what you need to know about driving in the EU after Brexit
There are only 16 days left until the UK is meant to leave the European Union
UK driving licences may no longer be valid on their own to drive in the European Union if there is a no-deal Brexit (Image: PA)
Brexit chat has reached fever pitch in Britain.
Theresa May's EU withdrawal agreement was defeated for a second time last night (March 12) after the Prime Minister failed to persuade enough MPs to support her deal.
And now, politicians will vote later today on whether to block a no-deal Brexit.
With only 16 days left until the UK is meant to leave the EU, hundreds of questions remain unanswered about the country's future.
Moment ranting Piers Morgan 'cut off' by Tory MP mid-way through furious Brexit rant
But deal or no deal, one automotive company is urging people to make sure they have the right paperwork if they are planning to drive in the EU after March 29.
Company car provider Venson Automotive Solutions says just having a UK driving licence won't cover the legal requirements after Brexit.
United Kingdom driving licence holders may require a driving permit and green card in the event of a no deal EU Brexit (Image: Christopher Furlong/Getty Images)
Director Simon Staton says British drivers will "most probably" require a green card.
"In the event of no deal, it is likely drivers will not be allowed entry to the EU, except Ireland, if their passport is within six months of expiry," he said.
"This is the norm for the rest of the world, so drivers need to check their expiry date. In addition, drivers may need extra paperwork to legally drive in the EU.
Woman claims Thomas Cook tried to remove her from Birmingham Airport flight over 'inappropriate' outfit
"It is expected any travel into Europe by car or bike will require a motor insurance green card."
Simon says the green card will replace the current European Certificate of Insurance, which allows UK citizens to travel under one certificate.
Motorists may also be required to purchase an International Driving Permit (IDP) to be able to drive legally on European roads post-Brexit.
There are two different types of IDP used in the EU, depending on the country.
Simon added: "Drivers need to consider a range of different issues when it comes to driving abroad post-Brexit.
"It's vital motorists who plan to drive abroad at any point stay on the right side of the law."
The 11 new laws coming in next month including changes to income tax and sick pay
8 top tips on driving ithe EU after Brexit
1. If you're taking your company car to Europe contact the fleet management company to check whether you need an authority to travel form, a VE103B. Processing of the form typically takes two weeks.
2. Check your passport to ensure it is not within six months of the expiry date. If it is, it will need to be renewed.
3. Check if you need a green card. This replaces the current European Certificate of Insurance.
4. Even if you regularly drive abroad, always check the local rules of the road before you go, as requirements can change. Visit the AA website for detailed advice.
5. Check your service schedule and if one is due make sure it's carried out in advance of your visit to reduce the chance of expensive breakdowns while you're abroad.
6. Check all tyres for condition, pressure and tread depth before you go. Most countries have the same requirement as the UK - a minimum tread depth of 1.6mm over the central three-quarters of the tread and around the whole circumference.
7. Before setting off on your journey make sure you have valid breakdown cover for Europe.
8. Many countries require visiting motorists to carry a safety bag. Check the AA website for country advice before you go.
Long bus delays
Illegal workers caught
'Eyesore' set for redevelopment
Cyclist dies after crash


In what may be seen as a relief to Amrapali homebuyers, the Supreme Court on Thursday directed National Buildings Construction Corporation Ltd to undertake construction of unfinished housing projects of the embattled firm and file a comprehensive report on how it proposes to construct the housing units and the timeframe within which it plans to complete them.
NBCC told the apex court on Thursday that it was ready to undertake the projects of Amrapali group of companies. The bench of justices Arun Mishra and UU Lalit asked NBCC to place a concrete proposal before it within 30 days on how they could complete the projects of the Amrapali group.
"NBCC has been directed to construct the unfinished units and give a report within 30 days on how they propose to construct the units along with the timelines and the amount that will be required to complete them," advocate Kumar Mihir, who represented 2,500 homebuyers under the umbrella of NEFOWA, told Moneycontrol.
The next date of hearing for considering NBCC's proposal has been set for September 4.
At an earlier hearing on May 17, the apex court had given the go ahead to three co-developers to complete the stalled projects. It had also asked the embattled developer to deposit Rs 250 crore in four weeks in an escrow account that will be have to paid to co-developers on completion of the projects. These co-developers included Noida-based Galaxy Group, IIFL-Viridian consortium and Kanodia Cement.
The May 17 order now stands recalled, says Mihir who was present at the hearing on Thursday.
Coming down heavily on the Amrapali Group, the Supreme Court on Wednesday had ordered attachment of the properties and bank accounts of all the directors of its 40 firms and had questioned NBCC's offer to complete Amrapali's projects when the apex court was hearing the matter.
The court had on Wednesday also summoned Secretary of Ministry of Housing and Urban Affairs and Chairman and Managing Director of NBCC to personally appear before it at the hearing on Thursday for having violated its order in the Amrapali case. Both were present in court on Thursday.
The housing secretary Durga Shankar Mishra on Thursday apologised before the apex court.
The Supreme Court on Wednesday had come down heavily on the Amrapali group for playing "fraud" and "dirty games" with the court and ordered attachment of all the bank accounts and movable properties of 40 firms of the realty firm. It had also directed the company to place before it details of all bank accounts from 2008 till today and ordered freezing of bank accounts of all the directors of its 40 firms, besides attaching their personal properties.
Details of accounts of 38 companies were submitted before the court on Thursday and accounts of directors have been frozen. The embattled company has been directed to submit details of the remaining accounts by Monday. The court will review details of the statements of accounts submitted on August 9, says Mihir.
The bench on Thursday also took note of the alleged diversion of Rs 2,765 crore by the Amrapali group and asked the auditor to submit a report on this. The apex court directed the statutory auditors of Amrapali Group Anil, Ajay and Company, to examine accounts of all 40 companies of the group and file the report on whether the company had indeed diverted the amount collected from homebuyers.
"If you have diverted money, we will squeeze every asset and bring back every money you have diverted, including compensation that you may have to pay to the buyers for delay," the bench comprising justices Arun Mishra and U U Lalit told the builder, says Mihir who was present at the hearing.
The Supreme Court on Wednesday had also noted that diversion of funds collected from investors by real estate developers was a "malady" and it wants to stop this "nonsense" once and for all. The apex court observed that if builders were diverting money invested by a person in a particular housing or commercial project to complete other projects, it, prima facie, amounted to misappropriation and criminal breach of trust.
The bench wondered as to how Rs 2,765 crore fund was allegedly diverted by the Amrapali Group for carrying out works in its other projects.
"This (diversion of funds) is the malady which is affecting all the builders. We want to stop this nonsense once and for all," the bench said.
Last month, Amrapali group had informed the Supreme Court that it has submitted the proposal for construction of its unsold projects by the National Buildings Construction Corporation (NBCC) to the high-powered monitoring committee set up by the central government to look into delayed projects in Noida.
NBCC sources had told Moneycontrol that at the high-powered monitoring committee meeting held last month, the ministry had requested NBCC to look into the viability of the proposal. "The proposal needs to be vetted and due diligence of Amrapali's properties also needs to be carried out. We may even decide to come up with a counter proposal," sources had said.
NBCC if it decides to take over the projects, will manage it as a project management consultant (PMC) to ensure that completed houses are handed over to homebuyers and there is no diversion of money. For the purpose an agreement may have to be entered between NBCC, Noida Authority and the Amrapali group so as to manage the projects as a PMC, sources had said.
If an agreement is signed with Amrapali, it will continue to remain the promoter and will be responsible for any litigations concerning the projects. The embattled firm may even be asked to deposit its unsold inventory with NBCC which may be mortgaged to raise the PMC's fees, sources had said.
"If NBCC decides to manage the project, initial funding may come in through a financial institution after mortgaging Amrapali's unsold land. As PMC we will have to ensure quality of construction through the contractor and we will deposit the realization in an escrow account," NBCC sources had said.


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5Dimes Reaches Settlement with U.S. Government
As we reported earlier this month, 5Dimes sportsbook located in Costa Rica abruptly cut off customers originating from the United States. There was much speculation as to the reasoning behind this. It was also known that there had been a long-term gambling and money laundering investigation underway by the Feds. The owner of 5Dimes was Sean Creighton, a U.S. citizen originally from West Virginia. He was murdered during a kidnap scheme back in 2018.
Since then his wife Laura Varela has been in charge. She and her advisors have reached a deal worth $46.8M total to satisfy the U.S. government. The deal has Varela handing over $15M in cash and more than $30M in assets. She has also agreed to stop taking bets from U.S. customers.
The play of her part is to make right with the government in an effort to do business with the rest of the world on a legitimate basis. Also, there are talks of starting a separate company which will enter the U.S. regulated market down the road.
ESPN reported a quote from Maria M. Carrillo, assistant U.S. Attorney for the Eastern District of Pennsylvania: "We achieved the objective, which is, she is compliant with U.S. federal law right now. What that means for her is she is not operating in violation of U.S. law, and she is not actively taking bets from U.S. bettors. Whether she's positioned well for regulators, that's up for the regulators to decide," Carrillo said. "She certainly is no longer in violation of federal law.
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Category: 5dimes, Sportsbook News


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'Terrified' in the Congo
News | January 13, 2009
Patrick Parkinson, Of the Record staff
Ever refused an African warlord's dinner invitation?
New York Times columnist Nicholas Kristof once tried to. The meal, however, was already cooked and the journalist accepted the offer.
The episode is one of many Kristof recounts in "Reporter," an HBO Documentary Film screening at the Sundance Film Festival. The movie portrays life in war-riddled Central Africa and the challenges correspondents face as belt tightening at newspapers greatly reduces the number of foreign news bureaus.
"As journalism of all kinds becomes more desperate to make money, then there is a tendency to focus more on celebrity," Kristof said in a telephone interview from his home in the New York City area. "I just don't know what's going to happen to journalism, what our business model is going to be. I tend to think that one way or another, news and information will still have value."
Kristof, whose foreign coverage earned him two Pulitzer Prizes, says he must work harder to tell the most desperate stories from the most miserable places on Earth. To the point filmmaker Eric Daniel Metzgar said he became suspicious of how the columnist approached subject matter in Congo.
"I don't know if I see the world the way [Kristof] does," Metzgar said in a telephone interview Monday, about the reporter's detached approach.
Teacher Will Okun and medical student Leana Wen accompanied Kristof on a reporting trip to the war zone after winning the Win a Trip with Nick Kristof essay contest in 2007.
In a telephone interview Tuesday, Okun said he still hasn't seen "Reporter," which documents the trip.
"I'm going to wait until the big day," Okun said about its premiere this week at Sundance.
He went to Africa wondering if reporters there focus too much on misery.
"The only time the news media ever came out to the neighborhood where I worked in Chicago was when something negative happened, so unless you live or work there you would think the area is completely nuts," explained Okun, who taught in an alternative school in inner-city Chicago. "When I think of Africa, all my thoughts about the continent, by and large, are negative. I wondered if that was because of media portrayal and whether it was the same as the neighborhood where I worked. Is there a sense of normalcy that is not reported by the news media?"
But gripping readers means telling the saddest stories, Kristof said.
The war in Congo is the most lethal conflict since World War II, he said.
"And it goes on partly because nobody is paying attention to it," Kristof said. "If we shine that light, force people to pay attention, then we can help get it on the agenda."
Meanwhile, an ominous line in the trip itinerary helped convince filmmaker Metzgar to refuse the first offer to make "Reporter."
"One of the entries said, 'Visit the warlord and stay the night with him and his child soldiers,'" Metzgar said. "I passed."
Producer Mikaela Beardsley later persuaded Metzgar to direct, edit and narrate the haunting documentary.
"I really didn't understand what it was all about," Metzgar said. "To try to wrap my brain around the politics was just a different world to me."
He was "completely terrified" upon meeting the warlord at his hideout in the jungle, admitted Metzgar.
Congo is awash in violence fueled by years of ethnic hatred.
Because readers tune out as casualty numbers increase, Kristof stressed that raising awareness about the plight of Africa means telling stories about the ugliest the continent has to offer.
"Why settle for just any story out there if I can find one that really will move people," he said. "They're out there; it's just a matter of finding them."
"Reporter" is slated to screen in Park City during Sundance Jan. 16 at 9:30 p.m. at the Temple Theatre, Jan. 20 at 3 p.m. at the Temple Theatre, Jan. 22 at noon at the Temple Theatre, Jan. 23 at 6:30 p.m. at Redstone Cinemas and Jan. 24 at 9:15 a.m. at Holiday Village Cinema IV.
Summit County focuses on 'shovel-ready' watershed, fire projects over legislative push for public lands
Opting against what could be a decade-long effort for federal legislation, Summit County directed staff to pursue projects with greater short-term impacts.
Park City envisions Old Town housing project, continuing aggressiveness
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David Eisenbach earned a PhD in American history in 2006 from Columbia University where he now teaches courses on the US presidency, LGBT history and great works of literature and political philosophy.
David received over 92,000 votes in the 2017 Democratic Primary race for Public Advocate. After the election he founded a citywide coalition of small business activists called Friends of SBJSA dedicated to passing the Small Business Jobs Survival Act.