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Criminal
125 Acres
00:35:57
George Dinning was emancipated in 1865, when he was 10 years old. By the time he was in his mid-thirties, he’d bought the land on which he had been enslaved. Years later, 25 white men approached the house George had built by hand and told him to come outside.
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- [00:01]
Phoebe Judge
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- [00:41]
Monday.com Narrator
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- [00:54]
Phoebe Judge
Monday.com January 21, 1897 started like most nights did for George Denning and his family on their farm in Southern Kentucky. George had dinner with his wife Molly and their children. There were seven at home with them. The youngest was four months old and the oldest was 12. Then George gathered firewood and stoked the stove. It was a cold night and then
- [01:23]
Ben Montgomery
they'd all gotten into their beds and they were kind of crowded together. They slept, you know, several kids to each bed, and after a period of time, many of them had fallen asleep. Somewhere around midnight, the dogs started barking outside and this kind of woke them all up. Author Ben Montgomery and you know, this is an event that was recalled in court in depositions many times by many different people. And so we have lots of different versions of events. But the clearest timeline is that after George Denning and his family wake up from the dogs barking, they then hear voices outside their their home.
- [02:08]
Phoebe Judge
George Denning and his family had lived in their home for almost 15 years. It was on a plot of 125 acres of land that George had purchased from the family that had enslaved him and his par. He'd grown up there, enslaved by a man named David Denning until he was 10 years old when the 13th amendment was ratified and he was emancipated. In the years after the Civil War, he worked to earn enough money to buy the land, and by his mid-30s he had. He also bought two horses, seven hogs, 24 chickens, four turkeys and a plough. He grew tobacco, which did well in the soil there, and built the two story cabin by hand. What did it mean for a black man at that time to be able to buy land and build a house
- [03:01]
Ben Montgomery
on was a big deal. He had been born into slavery and was among the first generation, certainly in the south, the first generation of emancipated people to own property. It would have been a huge deal. It was uncommon. None of his neighbors who owned farms around him immediately in his vicinity were black like he was.
- [03:27]
Phoebe Judge
When George denning heard the voices outside his home that night in 1897, he went to the door, but he didn't open it.
- [03:35]
Ben Montgomery
He called out, who's out there? And they refused to identify themselves. We're your friends, they said.
- [03:44]
Phoebe Judge
There were 25 white men outside, and about half of them were carrying guns.
- [03:49]
Ben Montgomery
The men outside called him by name and said, come outside. We need to talk to you. They demanded he step onto the porch. He's saying, no, who's out there? They're saying, we're your friends. We just want to talk. He says, now, if you're my friends, you'd show your face. By the way, he had seen outside that they had covered their faces. Many of them had, you know, they weren't wearing hoods of the klan, but they were wearing bandanas sort of wrapped over their mouths, disguising their identity. And so he said, if you were my friends, then you wouldn't be hiding your faces, and you'd say exactly who you were.
- [04:29]
Phoebe Judge
The men told George they were there because they believed he'd been stealing meat from their smokehouses.
- [04:36]
Ben Montgomery
He protested. He said, you know me. I am. I am. If you're. Say you're my friends, then you know that I'm a good, upstanding man. And he said, also, I can line up a number of upstanding white people who will vouch for me. So don't just take my word for it, but give me a chance to. To call upon our upstanding white neighbors to say that I'm a good guy. This wasn't satisfying to them. They wanted him to come outside. And it was somewhere in this quick back and forth, which lasted somewhere between a minute and two minutes, that somebody opened fire from the backside of the house. The men in the front of the house then immediately, many of them under the assumption probably that they were being fired upon from someone inside the house, they start returning fire and firing against the house. We know from testimony later that their leader, the guy who'd kind of been doing the talking on the front porch, his name was Doc moore, He was a civil war veteran. He said, shouted to all of them, squat and fire. Squat and fire. And the men do. If they've got a gun, they squat and fire right at denning's house.
- [05:56]
Phoebe Judge
There were so many bullets that George Denning first thought someone had thrown dynamite into the house.
- [06:02]
Ben Montgomery
His children would later testify, a couple of them, that they witnessed bullets sail through the air, through their cabin. Denning's 12 year old daughter would testify in court that a bullet went through her hair. And as soon as the gunshots started, he went for his own rifle. You know, not far away in Memphis, Tennessee, Ida B. Wells, the black journalist, was writing right around this time about the importance for black people in the rural south to arm themselves because lynching was so common and was getting, it seemed to her, more frequent. You know, she said famously, a Winchester rifle should have a place of honor in every black home and it should be used for that protection, which the law refuses to give. So whether Denning had a rifle for hunting, which was common, or for his own protection, which may also have been common, I don't know. But he grabbed his rifle and he started making his way upstairs. And as he passed a window on the east side of the house, he felt pain in his arm and his left bicep and looked down and saw blood. But he was on his way up the steps. So he continued up the steps. The top of the steps were a window with wooden shutters. The window did not have a glass pane, just these two wooden shutters. And as he reached the window, he threw it open and leaned out with his gun at his shoulder. And just as he squeezed off one shot of birdshot from a double barreled shotgun, he took a bullet right in his forehead. What we know is the bullet entered his skin at his forehead and traveled up under the skin, but above his skull. It didn't penetrate the skull, but traveled under his skin and then came out about three inches from where it had entered his forehead. He immediately retreats back into the house. The bullet wound to his head and a bullet wound to his left arm. And as soon as his shot is fired, almost immediately, all the guns outside fall silent. And there's stillness for a second. And the men are heard retreating away from the house. And it's at this time that George Denning must have been faced with a decision. What do I do? What is the best and safest thing for us in this moment? And he decided to get out of the house, to bolt. He ran outside, out the back door to the nearest tall grass he could find and threw himself down and just waited and listened. And when he was sure the men were gone, in retreat, he finally got up off the ground. He's in his night clothes. He got up off the ground and and went back to the house and his wife Molly had met him there with his boots and his jacket. They both knew that he couldn't stay.
- [09:14]
Phoebe Judge
I'm Phoebe Judge. This is Criminal. We'll be right back to listen without Ads Join Criminal plus. Support for Criminal Comes from Quince Nothing says summer like linens. Whether you're going to a backyard party or a seaside dinner, a nice linen set always works to upgrade your summer wardrobe. Check out Quince. They use premium materials like European linen, organic cotton and washable silk without the traditional retail markup. Quince also makes beautiful 14 karat gold jewelry that works with any outfit. Plus they offer more than just clothing. You can find everything from home to travel to everyday essentials. I'll be wearing some of their linen pieces myself this summer. I really like their wide leg linen pants. They're comfortable and easy to wear and they come in different neutral colors that go with everything. Make your summer wardrobe easier. Go to quints.com criminal for free shipping on your order and 365 day returns. Now available in Canada too. That's Q-U-I n c-e.com criminal for free shipping and 365 day returns. Quince.com criminal. Support for criminal comes from NetSuite AI is changing how business gets done, and NetSuite wants to help you keep up. You may already know NetSuite, the AI powered business management suite that securely connects all of your data. It's a unified suite that brings your financials, inventory, commerce, HR, and CRM together, and it's trusted by over 43,000 customers. NetSuite next uses AI to identify relevant insights and bring them to you throughout your day and to help you solve problems and handle routine work. And anytime you have a question about anything, all you have to do is ask whether your company earns millions or even hundreds of millions. It's time for NetSuite next, where your business meets AI for the first time ever. You can try Netsuite Next for free if your revenues are at least in the seven figures. Go to netsuiteai.com criminal Built for every industry, ready for every boardroom, NetSuite AI criminal. After he got dressed, George Denning ran half a mile to the house of one of his white neighbors, a man
- [12:01]
Ben Montgomery
he considered a friend, and he couldn't rouse him. He shouted outside and couldn't get the guy's attention. And if you pause for a second and think about this, this might be a tricky situation, right? He's pretty sure that he trusts this guy, but doesn't know for a fact that this guy wasn't among the white people who were there at his house that night. Right? So when he calls out and no lights come on and he calls out again and hears no sound, you know, he took off running again. So he tries again another white neighbor who lives nearby. And this neighbor, he wakes and the man examines Denning. He sees the gunshot wound in his bicep. He sees the gunshot wound in Denning's head. Denning is holding his double barreled shotgun. He sees that one shot has been discharged from that. He asks what happened and Denning tells him what he knows. So he spends a few hours there and just as the sun starts to come up, he's going to make a break for it to check on Molly and the kids. But on his way, he is met by a black friend who tells him the bad news, that that one shot that he squeezed off from the upstairs room had struck and killed a man named Jody Khan. And he must have suspected then because Jody Khan was the 32 year old scion of one of the wealthiest families in that region. It would have been very easy for George Denning to predict what might happen next, which was people would be looking for vengeance.
- [13:46]
Phoebe Judge
What did he do next after he heard about, about Jody?
- [13:50]
Ben Montgomery
Well, he couldn't go home. He realized this would have been incredibly dangerous. What he decided to do was walk nine miles from where they lived in the rural southern part of the county to the county seat of Franklin and turn himself into the sheriff. This, at the time was not, you know, there would have been a lot of risk, let's say, involved in turning yourself into a southern sheriff, if you were a black man, to turn yourself over to the sheriff often meant to turn yourself over to the, the lynch mob. And we see evidence all over the state of Kentucky and northern Tennessee, this very thing happening. Black men and women accused of crimes, maybe they would be arrested or maybe they would turn themselves in and the mob would show up outside the jail, demand the keys. The jailer would feign some kind of resistance and then turn over the keys. And the mob would take the accused and carry out vigilante justice, if you will, in the form of lynching and some often in some public place, in some public way.
- [15:02]
Phoebe Judge
But the sheriff and George Denning knew each other. Sheriff Clark had heard about what had happened at George Denning's house and had started preparing to get George out of town as quickly and quietly as possible. Men had already started gathering outside the jail when the sheriff put George into a carriage and rode with him about 20 miles north to another jail in the bigger city of Bowling Green.
- [15:30]
Ben Montgomery
And Denning would have known that he had just, you know, through his good fortune or the protection of this man, he had just escaped what would have been an attempt on his life by a lynch mob.
- [15:44]
Phoebe Judge
And what was happening back, back at his house with his wife and children.
- [15:49]
Ben Montgomery
So Denning had no idea what was going on. But some of the men who had been there that night, the night before, some of the men who had even dressed Jody Khan's wounds with whiskey and cotton, had come back to his house the next morning and they had found, by the way, his 14 year old son who had been staying with his grandmother and grandfather, that was Denning's mother and father. The men abducted that boy and they basically held him and the rest of the family at their little home for most of the day on Saturday, hoping that George Denning would return. And when he didn't, when they learned that he had turned himself into Sheriff Clark, they demanded that Molly and the children leave the county and leave the state. In fact, some of the testimony would later say, they said, ride 50 miles and don't stop until you get at least 50 miles away. They had two horses. Molly loaded her children onto the two horses. She walked. They took what they could, a couple of feather beds. And as they walked away, the men set fire to the house and to any various outbuildings and to the fields.
- [17:10]
Phoebe Judge
So they knew as they were walking away that the house was gone.
- [17:14]
Ben Montgomery
They would have smelled the smoke.
- [17:18]
Phoebe Judge
Molly later said, I was so badly frightened when I left that I did not take time to put wrappings on myself or children. They hadn't eaten that night. They rode all the way to Tennessee to Molly's brother's house. On the way, black families came out to the road carrying food and handed it up to the children. The sheriff and George Denning arrived at the jail in bowling green around 7 that evening. Not long after, the jailer received word that a mob was forming and on its way.
- [17:56]
Ben Montgomery
And he was so worried about this that he armed some of the prisoners, because that's how serious this was. He wasn't about to let the lynch mob take his prisoner, but they do realize they need to get George Denning somewhere even safer. And so he's once again loaded up, not into a carriage this time, but into a train and sent to Louisville, which is the biggest city in Kentucky at the time and probably offers the
- [18:26]
Phoebe Judge
most protection, even though he had turned Himself in. George Denning hadn't been charged with anything
- [18:34]
Ben Montgomery
because the only people there who could testify to what had happened were men who had armed themselves, disguised their faces, muffled their voices, and shown up on the front porch of a black man that they were trying to threaten. So to testify to what had happened, these men had to go public. They had to say, I was there. I was involved.
- [19:03]
Phoebe Judge
George waited in jail in Louisville for more than a month before he was indicted for the murder of Jody Khan. The trial was scheduled for late June. It would be the first time George returned to the county since he'd been relocated from the jail there for his own safety. Almost 300 soldiers escorted him from Louisville. One officer told a reporter that he'd heard that friends of Jody Khan were planning to take George away from the troops as soon as he arrived and that it has been said that a regiment of soldiers can't prevent his being hanged. The lieutenant governor sent soldiers with two cannons to guard the county jail. The governor banned guns from the courtroom and ordered for everyone who came in to be searched. On June 30, George Denning arrived at the courthouse in a three piece suit. Members of a black Baptist church in Louisville had taken up a collection to buy it for him. He was surrounded by eight soldiers carrying rifles stationed there to protect him. The first witnesses to testify were some of the men who had shown up at George's house that night.
- [20:19]
Ben Montgomery
It almost sounds rehearsed if you read the transcript. It's like they used the same language to describe what they were doing. Their story was they assembled in the evening because they were concerned about some stealing that had been going on in the neighborhood. They all claimed that when they got to Dennings, they were ambushed, that they were there peacefully trying to coax him outside so they might have a civilized conversation with him. And he fired on them from an upstairs window. And their story was that they did not fire a return fire until they were fired upon.
- [20:55]
Phoebe Judge
When George Denning's lawyer asked one of them what was the purpose of keeping him from knowing who you were, he answered, we didn't want him to know, I guess. George Denning's lawyer called the jailer at Bowling Green, a white farmer who lived near George Denning and had heard gunshots that night. The white neighbor who George had spoken to that night and another white farmer who saw the bullet holes in the house the next morning. He also called a black neighbor who agreed to testify despite the risk. He said that he'd heard what sounded like pistols firing before he heard what would have been George's shotgun. George's 12 year old daughter Eva took the stand and described hearing shooting before her father ran upstairs to her bedroom and shot out the window. She also described bullets flying through her hair. George Denning testified that he'd been scared that night. When his lawyer asked him if he believed when he fired his gun that he and his family were in danger, George replied, yes sir, because they shot me first. And of course I knew I was in danger. By the time the jury adjourned for deliberations, newspapers around the country were reporting on George Denning's trial.
- [22:19]
Ben Montgomery
People were paying attention. Outside of this small town, Franklin, Kentucky, they were paying attention because this case dealt with some fundamental civil rights issues. Could a man protect himself with deadly force inside of his own home if he was attacked? Question one Everyone answers yes, you know, across the board. Question two Could a black man protect himself using deadly force in his own home when he's under attack?
- [22:58]
Phoebe Judge
We'll be right back. Support for Criminal Comes from Shopify if you're thinking about starting a new business, Shopify wants to help you make the whole process a little easier. Shopify is the commerce platform behind millions of businesses around the world and 10% of all e commerce in the US from household names like Mattel and Gymshark to small businesses just getting started. Their design studio lets you build a beautiful online store that matches your brand style. They offer helpful AI tools and and built in marketing tools and if you ever get stuck, their award winning 24. 7 customer support can help. Once your first customers are ready to pay, Shopify checkout helps more of them finish their purchase so when they come back, their details are already saved. With Shopify, nothing stands between your idea and a real business. So go make it one. Start your free trial at shopify.com criminal shopify.com criminal.
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Phoebe Judge
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Phoebe Judge
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Phoebe Judge
wayfair every style every home the jury hearing George Denning's case was made up of 12 white men. It took them the whole day to
- [25:25]
Ben Montgomery
come back with their verdict, and they decided that he was not guilty of murder, the charge that he was indicted on, but that he was guilty of manslaughter, and that he should be sentenced to seven years of hard labor at the Eddyville State Penitentiary. And that was that.
- [25:47]
Phoebe Judge
People from all over Kentucky began writing letters and telegrams to the governor. Preachers, doctors, lawyers, grocers, college professors, housewives and the mayor of Louisville all asked that George Denning be pardoned. One self proclaimed ex confederate wrote, I know nothing of either Denning or Cahn, but it is sufficient to know that he was defending his home, be it ever so humble. It was his, his castle, a place too sacred for any outside interference. A notary public wrote, an impartial jury could not be obtained from among a people so prejudiced that a battalion of soldiers backed up by a battery of cannons had to be placed around the jail to protect the prisoner, and that he was praying in this case not for mercy, but justice, pure and simple. Newspapers published editorials calling for pardon too. The editor of the Courier Journal wrote, if a man cannot protect himself and family from lawless bands of night raiders, then indeed is the spirit of the mob supreme, and law is a mockery. And the Paducah son said, sympathy is being aroused everywhere for the unfortunate man whose color alone denied him the right to, in the eyes of the mob, to protect his home and family. The governor requested the trial transcripts and after reading them, decided to pardon George Denning.
- [27:32]
Ben Montgomery
It was huge and unprecedented. Never before had a governor in the south, and much less anywhere else, pardoned a black man for the murder of a white man.
- [27:49]
Phoebe Judge
The day before he announced the pardon publicly, he wired the warden at Eddyville Penitentiary so that George could get out of town before anyone heard the news. The warden gave George $5, a new suit and a train ticket to Louisville. A group of police officers escorted him to the station. When he arrived in Louisville, he was invited to speak at the church that had bought him the suit for his trial. Before he was done speaking, Usher started passing collection baskets down the pews. George Left that night with almost $38, more than a thousand dollars today. He started telling his story at other churches and places like the elks club and the odd fellows hall, where 300 people came to see him. A collection was taken up for him there, too. He said he planned to use the money for a down payment on a house across the Ohio river in jeffersonville, Indiana, where he and his family could live. He had also started talking about suing the white men who had come to his house that night and then set fire to it the next day. Not long after newspapers started reporting on the possibility of the lawsuit, George denning was found badly beaten in the street.
- [29:13]
Ben Montgomery
Somebody had cracked open his head with a brick, had gouged out one of his eyes, and had beaten him badly about the torso, and had left him for dead in an alleyway. He did not die. He was rushed to the hospital, checked in under a misspelled last name. So the story didn't get out that he had been assaulted for quite a few days in the local newspapers. But he recovered in the hospital, and
- [29:40]
Phoebe Judge
then he filed that lawsuit. Had anything like this ever been done before?
- [29:47]
Ben Montgomery
Not that I could find. I found no similar case before this. That a man had, that a black man had brought a civil case like this against what would have been his lynch mobile. Right. Yeah. It was unheard of. I can't imagine the level of courage that that would have taken in that time.
- [30:12]
Phoebe Judge
George denning's lawyer in the suit was a former confederate soldier named Bennett young. Bennett young worked with George's wife and children to make a list of men who'd come to their house that night and some who had come the next day to help light the house on fire. Since the men had had their faces covered that night, George and his family didn't recognize all of them. But the men had identified themselves by choosing to testify against George in his murder trial. So Bennett young added them to the list of defendants to be sued. The all white jury met for an hour. When they came back into the courtroom, they announced their verdict. George denning had won, and they were awarding him $50,000.
- [31:04]
Ben Montgomery
People were blown away. The newspapers across the country reacted to this verdict with praise. The editor of the Mount Carmel register in Illinois, this was in Kentucky, be it remembered, the buffalo express news in New York. This is one of the most notable triumphs of law and order ever credited to the record of Kentucky. I think everyone sort of realized that this verdict was a warning.
- [31:35]
Phoebe Judge
Ben Montgomery says George Denning's lawsuit paved the way for others A month later, a farmer in Kentucky brought a suit against a group of men who had tied him to a tree, beaten him,
- [31:48]
Ben Montgomery
and told them to leave the area and he wouldn't. And rather than do what they said, he grabbed his shotgun and marched into town and hired a lawyer and sued them. There are a couple of other examples that I could find, really just in the months after, where black men and women were starting to use the federal court as a way to exact justice against people who'd done them wrong.
- [32:19]
Phoebe Judge
George Denning made a life for himself in Jeffersonville, Indiana, where his children went to school and learned to read and write, something George had never been able to do. He died of a stroke in his mid-70s in 1930. He never recovered the full $50,000 that was awarded to him. The men who owed it to him claimed they just didn't have it. And he never went back to the 125 acres he owned in Kentucky. Have you ever gone to visit where, where the house was or the, the land?
- [33:00]
Anthony Denning
No, I have not, because I think it would be very emotional for me. But I am going to get down there, you know, it's just a matter of time.
- [33:11]
Phoebe Judge
Anthony Denning, George Denning's great grandson. He says George would have needed to go back to Kentucky to pay taxes on the land in person and thought he'd be killed if he showed up in person. So he never went back and ended up losing the land. Anthony says it's been divided up into
- [33:31]
Anthony Denning
smaller parcels, but I would love to have that land back.
- [33:36]
Phoebe Judge
Anthony says that when he was growing up, he didn't know much about his great grandfather. He says nobody seemed to want to talk about him, that it felt like a family secret. When he did hear about him, it was only part of the story that George had killed a white man and that the family had had to leave Kentucky. As Anthony got older, he decided to see if there was more to it. He started asking older relatives what they knew and going to the library to try to find articles.
- [34:08]
Anthony Denning
I wanted to know where I came from. I just wanted to know who I was.
- [34:14]
Phoebe Judge
It seems like a very brave thing of George to decide to sue this white mob at this time.
- [34:23]
Anthony Denning
Yes, yes, that was unheard of. Not only to sue him, but to win. You know, at the end of the day, you know right from wrong. And you fight. You fight for what you believe in. You fight for what you believe in. And in his case, he fought and he won. So my siblings, my cousins, you know, we'll fight tooth and nail. You know if we're right, we're gonna fight you tooth and nail. It's just how we were brought up.
- [35:04]
Phoebe Judge
Do you have children?
- [35:06]
Anthony Denning
I do. I have three. Two boys and a girl and three bonus children. So a total of six.
- [35:14]
Phoebe Judge
Do you tell them the story of George?
- [35:17]
Anthony Denning
Oh, most definitely. All the research that I've done, I copied, made copies of all of it and I gave each of my children and I told them this is where you come from and you keep that paperwork and you pass this down to your children so they will know where they came from.
- [35:51]
Phoebe Judge
Criminal is created by Lauren Spore and me. Nadia Wilson is our senior producer. Katie Bishop is our supervising producer. Our producers are Susanna Roberson, Jackie Sajiko, Lily Clark and Lena Sillison. Our show is mixed and engineered by Veronica Simonetti. Julian Alexander makes original illustrations for each episode of Criminal. You can see them@thisiscriminal.com and you can sign up for our newsletter@thisiscriminal.com Newsletter. Ben Montgomery's book is a shot in the How a Freed Slave and a Confederate Soldier Fought for Justice in the Jim Crow South. We hope you'll consider supporting our work by joining our membership program Criminal plus you can listen to Criminal this is Love and Phoebe Reads a Mystery without any ads. Plus you'll get bonus episodes. These are special episodes with me and Criminal co creator Lauren Spohr talking about everything from how we make our episodes to the crime stories that caught our attention that week, to things we've been enjoying lately. To learn more, go to patreon.com criminal we're on Facebook at thisiscriminal and Instagram and TikTok at Criminal Underscore Podcast. We're also on YouTube at YouTube.com criminal podcast. Criminal is part of the Vox Media Podcast network. Discover more great shows@podcast.voxmedia.com I'm Phoebe Judge, this is Criminal.
- [37:31]
Wayfair Advertiser
Foreign.
- [37:37]
Neil Apatel
I'm Neil Apatel, Editor in Chief of the Verge and Decoder is my show about big ideas and other problems. Today we've got the first of a two part series on the systems that run the world. I'm talking with Bart Butler, the CTO of Proton, a company that makes private and secure productivity software.
- [37:53]
Bart Butler
It's impossible to create a backdoor that can only be used by the good guys. No company is going to go to jail for you.
- [38:02]
Neil Apatel
Often the response is, well, if you change the legal foundation here, we will leave. Yeah, how real is that?
- [38:08]
Bart Butler
It's dead serious. With all due respect to Swiss authorities and everybody else, I think it would be suicidal to continue down this path.
- [38:17]
Neil Apatel
Subscribe wherever you get your podcast. This series is presented by Comcast Business.