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Re: Judge rules that unrebutted affidavits do NOT mean agreement

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  • Michael
    ... A few months ago, I went to a routine traffic court session with a Special Appearance, challenging service not being in complaince with statutoryservice of
    Message 1 of 18 , Jul 6 6:05 PM
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      --- In tips_and_tricks@yahoogroups.com, frogfrmr@... wrote:

      > I'd like people to share about how the disqualification(s)
      > went with them before they were defeated or they surrendered.
      > Where disqualifications were not attempted, one might share
      > about how early their surrender occurred and what the primary
      > reason for it was, e.g. economics, time, other consequences, etc.


      A few months ago, I went to a routine traffic court session
      with a Special Appearance, challenging service not being in
      complaince with statutoryservice of process, and NOT admitting
      to the court's jurisdiction, acknowledging I was a natural man,
      not a fiction, with an affidavit stating I was agent for
      the fictional name on the license.

      Judge: "Well, you came to the bench when your name was called."

      Me: I stated directly to you that I am not the name called
      and am here under a special appearance to challenge jurisdiction.

      This went back a forth a few times, and the judge finally
      said, "I want the MICHAEL [last name] who is on the license."

      Me: I am here under a Special Appearance. I am a natural
      man, not a fiction...etc" for a fouth or fifth time, refusing
      to address anything but the Special Appearance issues.

      Judge: "I don't know who you are. I don't have to recognize
      you, and I do not."

      Then she spoke to the asst DA, "We can send a notice to the
      address shown on the license with a fine for failing to stop
      at a stop sign and no insurance." She refused to talk to me,
      again, and I left.

      A few weeks later, I received a default notice with a fine
      in excess of $2,050. I had insurance, just not with me at
      the time of the stop, and I would not argue or ask the
      court for anything until the jurisdictional issue was
      addressed. $2,000 alone was for puportedly no insurance.

      I have not pursued this further because I am unsure how
      to fight a case that, to me, did not occur. One of FF's
      highly regarded contacts mentioned the fact that the
      case was against a license only. Still, I do not know
      how to form my own court and drive very carefully until
      then.

      I will post again when another case, for a parking ticket,
      is responded to in appeals, callenging my right to travel,
      and challenging was is being demanded as the fine amount,
      the hot money of account issue.
    • Monica Graham
      I believe in taking the path of least resistance. Trying to control the courtroom with this natural man on the land stuff is too hit and miss - normally a
      Message 2 of 18 , Jul 6 7:39 PM
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        I believe in taking the path of least resistance. Trying to control the courtroom with this natural man on the land stuff is too hit and miss - normally a miss. I recently beat a failing to stop at a stop sign ticket by using discovery under penal code 1054.

        I sent discovery to the district attorney and asked for pertinent facts and evidence. The D.A. confirmed that they had no case and referred me to the local law enforcement. Local law enforcement said we have no file = no evidence, and referred me to the courthouse. The courthouse said we have no file = no evidence and referred me to local law enforcement! Hello? No one has ANY evidence. Why not? Because it's all hearsay.

        Why go in there saying I'm not me. More times than not I've read orders where the judge ignores all that, counts it as no appearance, and enters judgment.

        I filed a motion to dismiss based on lack of evidence and the cop actually showed up, admitted there was no evidence, and conceded to the dismissal. Much, much easier than arm wrestling over the ALL CAPS name. Leave it alone. Use THEIR rules against them.


        Sent from my iPad3
      • Michael
        ... No disagreement. The success of its use stems from the extent to which one can skillfully apply it. Sometimes, one just goes with what one has. Bear in
        Message 3 of 18 , Jul 6 9:19 PM
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          --- In tips_and_tricks@yahoogroups.com, Monica Graham <monica_graham@...> wrote:
          >
          > Trying to control the courtroom with this natural man
          > on the land stuff is too hit and miss - normally a miss.

          No disagreement. The success of its use stems from the
          extent to which one can skillfully apply it. Sometimes,
          one just goes with what one has.

          Bear in mind that my challenge was to the court's
          jurisdiction via lack of statutory service of process.
          The claim of being a natural man worked in that it
          prevented the judge from assuming jurisdiction over me
          after repeated attempts, and she simply gave up when I
          would not budge.


          > I recently beat a failing to stop at a stop sign ticket
          > by using discovery under penal code 1054.

          Your subsequent explanation is great and expands, at least
          my ability to argue more effectively using a different
          tactic, and your contribution is a terrific one for
          anyone who wants to defend his/herself.
          [Question only for clarification.}

          Penal code 1054 presumably applies in California?

          > Why go in there saying I'm not me. More times than not
          > I've read orders where the judge ignores all that, counts
          > it as no appearance, and enters judgment.

          Spot on. My not knowing how to effectively follow-up has
          left me in limbo and without a license, and a writ to the
          Illinois supreme court demanding the judge's and city's
          action cease brought no relief.

          So, we have an example that worked on winning a battle and
          perhaps losing the war, as it were, and your example that
          makes perfect sense. Evidence is a very powerful tool
          that not enough know how to use, let alone effectively.

          Superbly done, m_g!
        • Mike
          Thank you Monica for an excellent response. Michael, I think you made an error in claiming to be/represent the corporate fiction (you are not an attorney and
          Message 4 of 18 , Jul 7 6:41 AM
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            Thank you Monica for an excellent response.

            Michael, I think you made an error in claiming to be/represent the corporate fiction (you are not an attorney and are barred to from representing a corporation) and failed to produce any evidence for the court that your assertion was valid. Based on what you described it was the "judges" duty to ignore you and your assertions.

            In my Pleadings I use my Birth Certificate as evidence of a Trust Agreement that guarantees me a Republican form of government.

            While I use a different tactic (Notice and Opportunity pursuant to the Administrative Procedures Act) to expose the administrative nature of the "court" (no Article III protections) I have reason to believe that had you produced a copy of your Birth Certificate to show the "judge" while in "court", the "judge" will get up and leave the courtroom without saying a word.

            At which point you announce to the court that the "judge" has abandoned the court without "leave" and pronounce that you are the highest authority in the court and declare the case dismissed.

            Someone in Canada put this video up. I don't know what happened afterward, but you should note that the judge bows to the Sovereign prior to leaving the courtroom.


            I wish I could tell you that using the Notice and Opportunity within the context of the APA was a "silver bullet" but after seven years of litigation (more than 5 cases from traffic to criminal and through civil) with little results so far, I am on my way to the Supreme Court with my arguments and hopefully my relief.

            Michael


             
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            From: Michael <mn_chicago@...>
            To: tips_and_tricks@yahoogroups.com
            Sent: Saturday, July 7, 2012 12:19 AM
            Subject: [tips_and_tricks] Re: Judge rules that unrebutted affidavits do NOT mean agreement

             


            --- In tips_and_tricks@yahoogroups.com, Monica Graham <monica_graham@...> wrote:
            >
            > Trying to control the courtroom with this natural man
            > on the land stuff is too hit and miss - normally a miss.

            No disagreement. The success of its use stems from the
            extent to which one can skillfully apply it. Sometimes,
            one just goes with what one has.

            >snipped
          • Michael
            ... I stated I was the agent FOR, not a claim to BE/represent, that I was called Michael of the Last name family, but that I am not the name, articulated
            Message 5 of 18 , Jul 7 10:08 AM
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              --- In tips_and_tricks@yahoogroups.com, Mike <micflah@...> wrote:

              > Michael, I think you made an error in claiming to
              > be/represent the corporate fiction (you are not an
              > attorney and are barred to from representing a corporation)
              > and failed to produce any evidence for the court that your
              > assertion was valid.

              I stated I was the agent FOR, not a claim to BE/represent,
              that I was called "Michael" of the "Last name" family, but
              that I am not the name, articulated for the sole purpose
              of not admitting to any "presumed" jurisdictional
              entrapment, and to that extent, it worked. There was also
              an affidavit in support which, among a few other things,
              stated that I was the agent for "Michael [last name]"


              > While I use a different tactic (Notice and Opportunity
              > pursuant to the Administrative Procedures Act) to expose
              > the administrative nature of the "court"

              And how has that been working for you...

              > I wish I could tell you that using the Notice and
              > Opportunity within the context of the APA was a
              > "silver bullet" but after seven years of litigation
              > (more than 5 cases from traffic to criminal and through
              > civil) with little results so far, I am on my way to
              > the Supreme Court with my arguments and hopefully my
              > relief.

              Asked and asnwered...


              What I origially posted was an experience of what
              happened in one of my cases. It was the first time
              I tried it. The problem was not knowing how to
              follow-through after the "judge" refused to deal
              with a real person and then pronounce a judgement
              against a fiction.

              I did not go appellate because there was nothing for
              me, a real person, to appeal. Although as I type
              this, it just occurred to me that maybe I could
              have appealed as the agent for the fiction. I do
              not know, and the lack of an actionable, and effective
              follow-through makes my experience a do-not-try-this-
              at-home one, for now.

              I can say that a challenge to any "fine amount due"
              assessed against me has stopped further efforts. One
              cannot learn if one does not put in an effort to
              doing something different.

              Cheers!
            • Mike
              Michael Thank you for your response. Language and definition of terms means a lot in law . ... that I was called Michael of the Last
              Message 6 of 18 , Jul 7 1:17 PM
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                Michael <mn_chicago@...> Thank you for your response.

                Language and definition of terms means a lot in "law".

                >I stated I was the agent FOR, not a claim to BE/represent,
                that I was called "Michael" of the "Last name" family, but
                that I am not the name,

                What is an "agent"?

                If that doesn't SCREAM "commercial claim" I don't know what to tell you!

                Did you watch the video?

                The judge asked the man if he was the agent (attorney) for the fiction... to which the man answered: "No. I am an administrator, like you, for that account."

                >articulated for the sole purpose of not admitting to any "presumed" jurisdictional
                entrapment

                The first step to win any case is to deny jurisdiction... but that is only the first step!

                What do you do to back this up?

                Apparently you failed to back up this assertion otherwise you would have won that case.

                >I did not go appellate because there was nothing for me, a real person, to appeal.

                If you say so...

                What about deprivation of rights? Is that an actionable for you?

                Someone asked once: "How do you eat an elephant?" The answer: One bite at a time.

                I don't post most of my Notices or Pleadings anywhere because I don't "know" if my arguments will work (and I am not interested in misleading anyone while I figure it out)... but when this all began years ago I knew where I was going - ultimately (the Supreme Court). I have attempted to frame all my Pleadings with that goal in mind.

                I also use the APA with written Notices of Complaints, Notices of Default and Notices to Cure so that there is an actionable cause pursuant to Title 42 deprivation of rights against these entities.

                I am not a 14th Amendment citizen.

                I am a State National and I claim the rights of that status (equal protection under the 14th Amendment) while denying the limitations of that status (Art. IV territorial courts are limited [applying to 14th Amendment citizens] and have different rules than Art. III Courts [applying to State Nationals]).

                This is not child's play, here. I don't have time to explain this to you if you don't understand these concepts.

                I am hesitant to post my pleadings on any email list because I do not have time or the inclination to explain them to people who won't do their own homework.

                First of all, I have learned from others on various lists "what" are the "issues" and added my own "spin" on these concepts.

                Some email lists are useless. Not so "tips and tricks".... I have been on this list for years but don't say much.

                Some people have benefited from my research because we established a bit of a "personal" (as much as you can over the internet) relationship and I have shared what I have done in my Notices and cases.

                It does not take much for an inquiring mind to get copies of these documents. Simply a decent email with an introduction about yourself and what you want from me.

                I would be happy to share them with anyone who will build on, correct or provide an entirely different "spin" on this "approach" for one reason: the "system is NOT just and we need each other to overcome "it".

                I have often considered offering these documents to this list but this is Bear's list - not mine and it is not my place to infringe.

                I have received unsolicited emails lacking any personal introduction which I dismissed or returned to sender with the suggestion that they give me a reasonable introduction to themselves.

                Some people write back... some don't. Some I have shared my documents with and have never heard from them again. No "Thanks" or anything.

                That's cool. Whatever. I hope "it all" works out for them.

                Your statement "One cannot learn if one does not put in an effort to doing something different" is worth repeating here.

                Michael (not from Chicago)
                 
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              • Michael
                ... Anytime I open my Black s Law and look under agent, I hear no screams, or SCREAMS. Besides, no such commercial claim was made by me, nor did the judge
                Message 7 of 18 , Jul 7 2:33 PM
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                  --- In tips_and_tricks@yahoogroups.com, Mike <micflah@...> wrote:

                  > What is an "agent"?
                  >
                  > If that doesn't SCREAM "commercial claim" I don't know
                  > what to tell you!

                  Anytime I open my Black's Law and look under "agent,"
                  I hear no screams, or SCREAMS. Besides, no such
                  "commercial claim" was made by me, nor did the judge
                  say one was being made. A lawyer may be an agent, but
                  not all agents are lawyers.



                  > The first step to win any case is to deny jurisdiction...
                  > but that is only the first step!
                  >
                  > What do you do to back this up?
                  >
                  > Apparently you failed to back up this assertion
                  > otherwise you would have won that case.

                  The refusal to enter jurisdiction was asserted no
                  less than four times. The conclusion above is
                  non sequitur.

                  Lest anyone else get confused over what what originally
                  posted, I refused to enter into that court's jurisdiction,
                  and the judge acknowledged that refusal by refusing to
                  deal with the physical man present and demanded that the
                  fictional name on the license respond, which never happened.

                  There was nothing else to "win," in that regard.

                  For clarity, I asserted in the post that the jurisdictional
                  challenge part worked and won that battle, but I may have
                  lost the war for lack of knowing how to follow-through, and
                  added, "do-not-try-this-at-home."


                  The rest is silence, on this one.

                  Cheers!
                • Monica Graham
                  Agent screams on someones behalf Aka you better be an attorney or you will be promptly ignored I read an order a couple weeks ago Guy filed a motion and
                  Message 8 of 18 , Jul 7 2:59 PM
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                    Agent screams "on someones behalf"
                    Aka you better be an attorney or you will be promptly ignored

                    I read an order a couple weeks ago
                    Guy filed a motion and appeared as the upper lowercase name and judge announced that the x party was not present and the movant is not a party to the action and not an attorney!! Hello??

                    Sent from my iPhone
                  • Mike
                    ... Google: Black s Law Dictionary is a joke or hoax .   Notice & Warning: This email contains proprietary business information, trade secrets, restricted
                    Message 9 of 18 , Jul 7 4:29 PM
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                      >Anytime I open my Black's Law and look...

                      Google: "Black's Law Dictionary is a joke" or "hoax".

                       
                      Notice & Warning: This email contains proprietary business information, trade secrets, restricted and valued information intended for the addressees eyes only. All interceptors, surveillance agents foreign and domestic, enforcement agencies are hereby prohibited from accessing, possessing, using, selling, purchasing, storing, retrieving, and transmitting this valuable information as a product or service for gain. Any monetary profits, benefits or accounting of this information for gain may be prosecuted as a felony offense and cause of action. Persons, whistle blowers, informants may be granted an award for information leading to the successful prosecution of agents committing acts of infringement.




                    • frogfrmr@frogfarm.org
                      ... These are like atomic bombs: they are final, but you only get one per case, so I prefer to save it for when absolutely necessary, and use the other
                      Message 10 of 18 , Jul 9 3:42 AM
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                        > I filed a peremptory challenge in an LA superior court, based on the
                        > California Code of Civil Procedure 170.6. The commissioner ignored it, or
                        > didn't know it was filed.

                        These are like atomic bombs: they are final, but you only get one per
                        case, so I prefer to save it for when absolutely necessary, and use the
                        other unlimited in number disqualification for cause. Only when no more
                        causes exist would I push the plunger on the Big One.

                        > The following day, a clerk forwarded only the motion to quash to the
                        > commissioner,

                        I would never consent to a mere commissioner, one most likely
                        disquaifiable for cause anyway.

                        > indicating the request for a hearing on the motion. They did
                        > not send the commissioner the motion to dismiss,

                        I would never make a motion as it grants jurisdiction to hear the motion.

                        I prefer demands for rights sua sponte.

                        > Tomorrow I mail out petitions for writs of mandamus and prohibition, to
                        > the appellate division of the superior court. I'm asking them to tell the
                        > court to halt all hearings and proceedings, unless, or until, an
                        > authorized prosecuting attorney initiates proceedings against me. I'm also
                        > asking them to void the denial and to make the commissioner recuse
                        > himself.

                        Too much work for me in my old age, but it's nice when one has the energy
                        to become the diamond making furrows in the grist mill stones. Writs are
                        powerful and more should use them, if one is determined to continue to
                        pretend the game is on and in play. Even if it's not a real game,
                        practice is good for the reflexes and can be fun!

                        > I have his, and all of the judges oaths of office, which do not match the
                        > Article XX section 3 requirement in the Cal. Constitution. I'm saving
                        > those for right now.

                        That comes earlier with me. Why waste time playing with people you are
                        going to disqualify later? I don't like to do that because we can all
                        ratify our own judges in any dispute (ala Judge Judy) and knowing they
                        aren't real, and deciding not to act on that knowledge, could be seen by a
                        jury of peers as an acquiescence and consent to arbitration.

                        Regards,

                        FF
                      • frogfrmr@frogfarm.org
                        ... My only idea on that is that it would be more unassailble if done from the position of being in custody against your will without counsel present in front
                        Message 11 of 18 , Jul 9 4:54 AM
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                          > A few months ago, I went to a routine traffic court session
                          > with a Special Appearance, challenging service not being in
                          > complaince with statutoryservice of process, and NOT admitting
                          > to the court's jurisdiction, acknowledging I was a natural man,
                          > not a fiction, with an affidavit stating I was agent for
                          > the fictional name on the license.

                          My only idea on that is that it would be more unassailble if done from the
                          position of being in custody against your will without counsel present in
                          front of the magistrate immediately demanded at the scene of the crime,
                          mentioned in California Penal code section 810. A good question for the
                          arresting cop: "do you know the name of the magitrate to whom I am
                          required to be delivered?"

                          > Judge: "I don't know who you are. I don't have to recognize
                          > you, and I do not."

                          Why don't you put me in a line-up and let one of the witnesses identify me?

                          > Then she spoke to the asst DA, "We can send a notice to the
                          > address shown on the license with a fine for failing to stop
                          > at a stop sign and no insurance." She refused to talk to me,
                          > again, and I left.

                          Will the envelope be opened?? The suspense....!!

                          > A few weeks later, I received a default notice with a fine
                          > in excess of $2,050.

                          It's illegal to open mail that isn't addressed to you. when you do it
                          accidentally, then what?!

                          > I had insurance, just not with me at
                          > the time of the stop, and I would not argue or ask the
                          > court for anything until the jurisdictional issue was
                          > addressed. $2,000 alone was for puportedly no insurance.

                          Isn't it "no proof of insurance"?

                          > I have not pursued this further because I am unsure how
                          > to fight a case that, to me, did not occur. One of FF's
                          > highly regarded contacts mentioned the fact that the
                          > case was against a license only. Still, I do not know
                          > how to form my own court and drive very carefully until
                          > then.

                          You don't drive; you travel (IF your status is right, but the existence of
                          insurance makes me doubt that it is because you really cannot have any of
                          the Big Three without all of them together, and then you are definitely in
                          the licensed jurisdiction). The King's court is with him at all times. I
                          always begin by sending away all who can be disqualified, so they cannot
                          make record, and issuing orders to those who cannot be disqualified. So
                          far, nobody could survive my disqualification. The non-imbeciles can even
                          choose to disqualify themselves after you help them understand it. That's
                          what most will do.


                          Regards,

                          FF
                        • frogfrmr@frogfarm.org
                          ... Why go in at all? Why not get dragged in, within hours of the arrest, by demanding to see the magistrate where you can disqualify everyone and prove
                          Message 12 of 18 , Jul 9 5:01 AM
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                            > Why go in there saying I'm not me. More times than not I've read orders
                            > where the judge ignores all that, counts it as no appearance, and enters
                            > judgment.

                            Why "go" in at all? Why not get dragged in, within hours of the arrest,
                            by demanding to see the magistrate where you can disqualify everyone and
                            prove that you didn't appear voluntarily, and you can demand that bail be
                            set after a preliminary hearing that will prove no evidence exists? Oh,
                            don't make the mistake of paying the bail. Just make them set it
                            ridiculously high.

                            Regards,

                            FF
                          • frogfrmr@frogfarm.org
                            ... I think the term real person is a literal oxymoron. Real man; real woman, yes. I think the word person implies a mask, if I remember correctly. ...
                            Message 13 of 18 , Jul 9 6:19 AM
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                              >
                              > I did not go appellate because there was nothing for
                              > me, a real person, to appeal.

                              I think the term "real person" is a literal oxymoron. Real man; real
                              woman, yes. I think the word "person" implies a mask, if I remember
                              correctly.

                              > Although as I type
                              > this, it just occurred to me that maybe I could
                              > have appealed as the agent for the fiction.

                              Yes, same here, except that the fiction in my case is bankrupt and I don't
                              work for free unless I choose to do so, so I cannot be compelled to work
                              for deadbeats, and last I heard, the fiction had hundreds of already
                              existing equity claims against it, all hopeless of ever being paid, like
                              EVERYTHING ELSE TODAY! Does the prosecution wish to provide the funding
                              necessary to complete discovery of the current financial status of the
                              entity in question? I may not be the only agent appointed and would
                              appreciate having the results of an official audit before making any ad
                              hoc decisions. If we go further in this investigation I think it only
                              proper that the bona fides of all persons involved be made a matter of
                              record, to avoid any appearance of fraud, don't you agree?

                              > I do
                              > not know, and the lack of an actionable, and effective
                              > follow-through makes my experience a do-not-try-this-
                              > at-home one, for now.
                              >
                              > I can say that a challenge to any "fine amount due"
                              > assessed against me has stopped further efforts.

                              Well there you have one! Really, the house of cards is in free fall. I'm
                              going to go get a good telescope so I can look at the top of the already
                              collapsing pile! It'll take years for it all to hit the pavement. Some
                              chunks even look intact as they fall, like the twin towers. Like them,
                              expect vaporization before pavement contact.

                              Once upon a time in my quickly passing life, when I was being prepared to
                              handle a few million for some people, there was only 3 trillion in the
                              whole world-wide banking system. Today I saw there is now at least one
                              quadrillion. Back then, silver was 35-40 per oz. today it is $27. US
                              debt is multiples of the GDP. It is unpayable.

                              Obtain and hold physical silver!

                              > One
                              > cannot learn if one does not put in an effort to
                              > doing something different.

                              I had heard a lot of bad things about rattlesnakes but I had never met one
                              alive. All the ones I ever saw had been killed by somebody, many times
                              going off the road to do it. One day i saw a live one on its way to
                              getting killed by a bunch of truckers at the bottom of the hill. It was
                              crossing the road when i saw it. To make a long story short i got it to
                              go into my backpack and then i put that in a tied bag and took it home.

                              It didn't know it had been caught until i had to let it out of the bag to
                              get it into a cage. After feeding it well, it crapped in the cage and
                              crawled into the poop and was one sorry mess. I called a friend over to
                              help me give him a bath, a nice warm one where he was carefully cleaned
                              while firmly restrained. The cage was cleaned. Then, i took the cage out
                              onto a screened-in porch, where there was an armchair, and I carefully
                              emptied him out in the seat of it. I was kneeling in front of it so he had
                              to go up the back (impossible) or over one of the sides (possible) or come
                              right at me (also possible). I had a one foot long 3/4" diameter stick
                              which i put one end into my mouth and then offered it to him to sniff with
                              his tongue. After it was no problem, I began to lift the front part of
                              his body with that end and let him rest on it with his weight. I also
                              moved my hand further down the stick very gradually. I seemed to be
                              having an ESP conversation with him to the effect that if he didn't bite
                              me, he could trust me to protect him, and that if he did bite me, I would
                              eat him. Within one hour I picked him up totally unrestrained, my friend
                              who was there snapped the photo, and I never restrained him ever again in
                              13 years of handling him probably a thousand times (at least several times
                              every four days). Everyone who said he would bite me was wrong, and that
                              was everybody! We trusted each other, and neither was ever nervous about
                              the encounters, and he was always free to bite if that's what he thought
                              was necessary. He never did, even when other people messed with him or he
                              was near my dog. I did some crazy things with him to amaze the public,
                              yet he took it well. He would rattle, and i could stop him doing it by
                              reaching out and petting him. I can't say all would be like that one, but
                              it prooves that all are not bad as expected. I felt he was a very
                              reasonable creature.

                              In many other ways, life can give you real surprises when you try
                              something new that nobody agrees is valid.

                              Regards,

                              FF
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