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the question of fact as to the respondent's tines in January upon the testimony of Dr. Omens and the two nurses. , Dr. Omens reached tioni saret ine between the 15th and the 20th of January and found him, be says, seriously 411 from tie disease mentioned. He remained. there a few ¢ays, and when he left, shortly after the Oth of Jenuery, s0 far as temperature and pulse ere concerned, the condition of the mtient was about norml, , One of the nurses went to the hone ox the 6th of January and remained a little less than three weeks. The nizht nurse who wos called in by Dr. Phillips went there on the 13th or sbout the 13th and remined seven or eicht é2ys - I think she said seven to ten Geys. at any rete, the nurses had gone by the last week in January. and the evidence establishes tsyond all possibility of doutt in this case thet curing the month of February the responient was not confined to his bed. The evidence shows during that period frequent attendance at the race trecks; it shows a trip in an airplane; it shows a bost trip, and taking all of the evidence, it is perfectly clear that at least after the 2nd of February it muld not be truthfully steted that the respondent was confined to his bed, ani thet the stetement on the date when the affidavit was mde, nanely, the Sth of March, 1920, the respondect hed been out of