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Cherokee scout. [volume] (Murphy, N.C.) 188?-1961, October 21, 1890, Image 1

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fiQ ; Oi. Series, Vol. 11 No. 37. ;. : ' . "v : . . MURPHY, N. TUESI1 pBER 21, 1890. : New Series, Vol. i., No. 10. ' r '
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a -si
i
1
1
BUSINESS CARDS.
PATTOJT
Offer tM
peil.loJI Murpby wmI surixiundinp: coun
try. ; . J' - juiyaMW-iy
J. W. COOPKK. K. V. COOPER
OOPEIt & COOPER, - 3
t rns. J. AV. & AV. o
I JjWtomeyi at ' Iavr and Dealers in
ry7 .K ' Estate-
K. L. CXX)FEB, - iSOTAKV PUBLIC,
- v ' McKin r, N. C.
. ' Tremptattention ci ven to the examina
tion tf land titles and the collection of
claims. Practice in the Superior courts
of the jztli district, and in the bupieme
. na r ederal courts. . .
JK MAUNEY,
J. . ' '
ATTORNEY. AT LAW,
Murphy, v - N. Cakomxa,
Practice in the courts of the 12th Judi
cial District and in the Federal Courts
at Asheville.
The collection of claims and the exam
ination of titles to real estate., given
prompt attention. '
jgmilTND B. XORVELL,
A fTORNEY A T J. A W
KnrpliT. North Carolina
JIdvcstigation of Land Titles and
Corioratiou Law a specialty. Office in
Mayficld & llrittoin Block.
2EX POSEY, '
ATTOENEY AT LAW,
3VHJ-t-fcJJUL V , s s "ir 1ST. O.
Will practice in State and Federal
CourfH. All business entrusted to mo
cted with fidelity and dispatch.
stuiness solicited.
1L 11. B. MEHOXEY, Jk.
North Carolina
Will promptly attend calls, day or
jiitit.
IUuituee, I'eacntree screei.
TIL CL O. WHITCOMB,
PRACTICING PHYSICIAN,
:o: ilCBPHr. J. v.
:o:
B
MAYFIELD, 31. D,-
PHYSICIAN and SURGEON,
MUKPHY, X..C.
Will attend promptly to all profes
sional calls.
DR. W, S. M -COMBS,
R:su)Kt Dkxtist,
MURPHY, NOIiTII CAROLINA.
Having had several years experi
ence in dentistry, ana being well
prepared to do any work in my line,
I .oner my service to the people of
jiurphy and surrounding country.
Promising to do their Moi k in the
best manner, on the most reasonable
terms.
N.
A. ZIMMERMAN,
BOOT, SHOE & HARNESS MATTER,
MITRPHY, X. V.
' First-class repair work done at modsr
ftte prices. The patrounge of the public
respectfully solicited.
LBERT E. TONKIN,
Fire, JLSj'-1 liuiurdh'ii,
1
JtluKruY,
fJT irURPHV. X. c.
I represent the best insurance com
panies in the country. Your patronage
solicited.
JNO. DeJOURNETTE,
PRODUCE DEALER,
-JftRPIIY, : : : N. CAROLINA.
J - fBays and sells for cash. Come to see
f, or send me your erders.
T C
BRITTAIN,
MEAT MARKET,
ilURPHY,
X. C.
I have either beef or mutton on Tues
days, Thursdays and Saturdays. Pa
tronage solicited. Prompt delivery.
TIN SHOP.
t I am now prepared to do all kinds
f Tin work - repairing and manu-
f.-.etoring Special attention given to
buttering and Roofing.- Shop. over Ahe
Hardware Store.- , . . . .
E. T. KISSELBERG.
v-' Mnrphy, K, C.
OT
3jSay the il unfne
uould Tragedy.
T WO J) A 37'
COXHUMED m
TRIAL.
MES. GOULD A FREE WOMAN
,EP tffiw EXLDENC5. rNTRO-
DUCED BY EITHER SIDE.
. -- . -
The Proceedings in Full TheVerdict
of the Jury Public Sentiment
Incidents of the Trial of This
Famous and Noted Case.
The State vs. Lilly M. Gould !
This celebrated case, in which all
America and England, are equally
interested, on account of its pecu
liarities, was begun here last Wed
nesday.
The testimony in this case, as well
as a History ana numerous inter
views, have already been published,
and the public are perhaps eogniz
ant of the facts. But, in order to
make the proceedings of the trial
more interesting to those who have
not read this history and interviews
liervtoforev we will give, in sub
stance, tiie testimony as elicited at
the trial. , T
The Gould muj(ler cawj , has at
tracted a much ittention in Engi
land as dil the eehratedJVIay brick
ieT-Br'rw.1ii iTOtiiihy at-10
o'clock Wediic&ditjfifernin. ;
The acting. SoliMwr, lion. Kopc
Elias, of Franklin, was ably assisted
hi the prosecution by Messrs. G. S.
Ferguson, of Wayneville, and J. II.
r
Dillard, of this place.
The defendant s attorneys were :
Messrs. Ben Posey, F. P. Axley and
E. B. Norvell, of this place, and W.
W. Jones, of Asheville.
At this stage of the game, the
prisoner, Jlrs. Lilly 31. Vjould, wa
brought in court. - She was neatly
attired in a black' suit, with l?.ce col
lar and cuffs, and seemed to be en
tirely self-possessed. Her manner
was that of one who seemed to rea
lize that her life hung on a very
slender thread, which might be snap
ped in twain any moment by the
arm of law. Her confinement in
jail had the effect of enhancing her
beauty, and she seemed to be in bet
ter health than at any time since her
residence here. ' ,
The State announced itself ready
for trial, and the defendant, after
calling witnesses, also announced
their readiness.
The special venire of 100 talismen
was exhausted, beside the regular
jury, in the selection of twelve com
petent jurors, during which time
Mrs. Gould evinced much interest in
studying the physiognomy, of each
juror as he was called up. The fol
lowing is
THE JURY. '
7 1. C.G.Price.
2. S. W.Bates. -
3. Aucil Rogers.
i. W.M.Pierce.
5. li. P. Hall.
6. B. S Chastain.
.7. W. P. Martin.
8. R. A. Harper.
9. T. A. Bell.
10. C. A. Davis. . -
11. Jno. M. Rogers. ,
12. J. M. Roper.
The jnry having been, completed,
the customary oath - was administer
ed by Clerk Deweese, after which
the witnesses for .both sides were
called and took the oath. ' V.
The first witness for the State was
. DR. "W. O. PATTOJf, . ' ;
who testified, as follows : "Did you
know Charles N. Gould? Yes, sin
I've seen him. ' When did you last
see him? I saw him iri June at his
house, about 8 a..ra. Bob Ramsey
came after, me to go and see Gould.
In response to this request I went up
to his house and found him bed, suf-
fering from- a severe wound ih his
right side, near ,tfte abdomn. He
was suffering so intensely that he
would not. permit father" and myself
to probe the wound, which was pro
duced by a kmfcvlsHye; op ly made
Teruatl-rnwni?Xim
to learn the nature o the wound, I
asked to see the ingtrument that it
was done with. Mrs. (aomrt was
present when I : made the inquiry,
and said, she would show me the
knife. I told her she. need not trou
ble herself. She stopped. Shortly
afterwards I asked Bob' Uamsey to
shoWj me the knife, Which he did."
"Is this the knife?" and the attor
ney for the State handed the witness
a wicked and dangerous, looking dag
ger, about a foot long, the blade of
which was an inch wide and fully
six inches long.
"It is," responded the witness.
This produced a great sensation in
court.
Continuing the witness said "that
Mrs. Gould told him during the day
that she thought it would be so ro
mantic to prick him with the knife,
as it was a present from his brother,
who was the English consul to Sian.
Mrs. Gould told me that she was
driven to desperation and stabbed
Gould in self-defense."
The cross examination brought out
nothing hew, and Dr. Pattou vacated
the witness box.
Here the State rested its case, and
the defendants introduced the fol
lowing witnesses:
Bobert IJamsejwa8 the next wit
ness called, and testified asy follows
I was ' vnhdorcd bv Gould to do
..-
run 1117 cii ,i-VH uro.UDU (Ujj.UtlUal-, ..Ul
wldle heliinirJJ,
my atteuttdii was di-
rected towards the house by Cannon
exclaiming, "Look there !" 1 turned
my ncaci ana saw uomu coming
down stairs, stick in hand, alter Mrs,
Gould, who was before him. She
ran behind me, ai.d then I told Gould
if I was him I would not strike her
lie then turned around and went
back to the house, going up stairs.
Mrs. Gould then went into the
kitchen," on the first floor, and lay
down on a lounge. She was crying.
J.'M. Harnett came up on .the hill
and asked me what was the matter.
Gould was then up stairs, and told
me tell anybody that nothing was
the matter, should they ask. I. told
Barnett, in lieu of anything better5
that she had the colic. In a short
while Gould came down stairs into
the kitchen, where Mrs. Gould w'as
laying oh the lounge, caught her by
the arm and jerked her off of the
lounge to the floor; then taking up a
bucket of water from the table, he
dashed its contents over' her, and
raised his foot as if to stamp her in
the face. Mrs. Gould was crying
all the time he was abusing her. I
caught his foot and he ' desisted.
What took place after that? Gould
went back up stairs. Mrs. Gould M'as
in the middle of the room, trying to
adjust" herclotbesywhich had been
partially torn off of her w'hen Grould"
jerked her from the lounge. Gould
had been gone some 20 or 30 min
utes when Mrs. Gould, hal ing re-arranged
her dress, also went up stairs.
In a short while I -heard loud talk
ing up stairs, and thinking they were
about to have another fracas, I went
up to see about .it. Gould had a
walking stick in his hand, with which
he hit her, knocking her agiinst the
wall, which saved heir from falling.
When the had partially recovered
from the blow, he then took both
hands, drawing the stick back as if
to strike her again. " Mrs. Gould then
sprang at him and plunged the dag
ger in his side. I never saw any
weapon until at that moment. Gould
was abusing her air the time, using
language that was profane and dirty."
"Is this the stick with which he
struck her ?" said the attorney, pre
senting the witness with an English
walking cane. The witness acknowl
edged that it was, and said he was
with Gould until he died. : -
On being cross examined the wit
ness said "the blow given Mrs. uould
with the stick was on Jhe right side
of her face and shoulder- a glance
Bill Cannon was next callediacrfwit
his. testimony was aboi
Bb Bamsey's only
the stabbing took plac
i Mary Woods testifi
"I live on Yalley riv
of th(. stabbing wa
Gould's hcHse. v Lv
hear anything of w
'on
at Gouhrs ? r saw
a load of wood, witl
on top Gould ca
rd
and, drawing his,
Gould with it. ' He
house, followerl by V 1
Mrs. Gould in the ''ar.J
cryi r 5: J
Dr. J. F. Abernithy
follows: "Did you knf
Mi-s. Gould? Yes, sir; 1
about 300 yards from thf
state the time and -cf
when you were at the
was the night - before
took place, about 9 o'
was at theirhouse.
character of Gould for
in our midst was ba l-4
town said he was a en
He was about 45 years!
about 200 pounds.' - J
health was good ' Dbcl
previous to this difficult
make any threats agains
ant? Yes, sir; but dbn
i i. : if
can rememuer uie exas
page.
fltho
I know what he did.t.
ed and cursed her the
the difficulty."-
Defendant's - counsel
at I U19 pOlllii. -
The State re-called DrJ
I ton: t '"'What timn in
t ---
, WUJ VOU lUlV t MI- a
Ll"
j with a dagger? -AVitnc t &tX&
collect.
It "was sotiu-ouS before
he died" when father and .iriffti dis
.it
cussed his case iii tle room vAerc lie
wa laying, u e spoke ot JtJivSmg a-
serious wound. Did Gbuld"jsk you
about the wound? About 4jv m. he
asked me what I thought of njs case.
I told him it was grave.- lie said,
What do you suppose theyWill do
with the woman? Lock her jjp in a
mad house, I suppose.' Was Gould
under the apprehension ; of. append
ing dissolution? I thimVhe!w!as, but
he didn't say he was going to jdie ."
A. W. Axley, was next u upon
the' . stand, testifying . as fallows :
"State to his honor and jnfjvjf you
knew Gould. I did, sir. : Ho V; long
did you know him? Since lat June
was a year ago. Did you viit him
at his home at Tellico, and wljit were
your observations of the relawTns ex
isting ..between Gould and he de
fendant? I did, and saw thattjhe.was
kind and affectionate. His i&mean-
or and general character wasfthat of
a gentleman. State wheth
you
were at Gould's home after pe was
wounded? Yes, sir. Who did you
meet there? I met Dr. J. AT,. Pat-
ton, and I think Bob Ramsey was
there waiting on Gould. . D
have any conversation with .
d you
Jobert
d npt,
Ramsey about the case? I.,d,
sir
A. W. Axley re-
you if .there wasn't a bruise OK imld's
head? Yes, sir; on the right Wide of
his brow, about the size of m f numb.
Did von . see any bruiser Mrs.
Gould? No, sir." i ' ? v
J. S. Meroney, Sr., stated tjhat he
was town marshal, and, heartng ' of
the death of Gould, I airestd the
defendant. She had no bruises . on
her person, so far as Icould rsoe."
Witnesses were; introduced to im
peach Ramsey's 'evidence and ,t was
shown that tills" witness bcre a bad
reputation. ; . :
At the fconclnsion of W above
testimony, both sidest retef the case
and then prep" ritiotisre made
for the ; argumeut.Yx :r,' I i
' SYXOPSIS oV .PEECUES '
V Gv S. F rguson opened , fqr j the
State in th following laiiguage; wIIe
quoted the criminal law on thMcase.
The main facts in thi case .i? that
the State says Charles N." Gould is
dead, and that he was killed , itl
deadly weapon. The next;qiIstton
question is, who did it? IJy M.
Gould. Why did she1 do it?fR is
ved to you that she did do It, and
ith that deadly dagger. Thdques
m
lows ;'-
tion again arises, why did she do it?
She killed him, and, as she did not
explain it, it is, therefore, your duty,
as honest men,.to render a verdict o
guilty. She , has only spoken- of it
once,"" and says she v killed him, ' but
ttat -she was diiven to it. Wasn';
IT romantic, to stab hliS" with" ill e
knife his brother gave him. Human
life has, judging from t us case, got
lo be worthfess. Hear the Judge's
bcharge, and make up vour minds ac
it
cordmglv. : Any romance in this?
Had she stopped at romance, C. N
Gould would have been a live man to
day and the defendant would be a
free woman. Did she anticipate an
other quarrel? Where did she get
the knife? She must have had it on
her person. She didn't have in when
in the basement, so far as we know,
1 . V , 1 . 1
out sne naa it wnen sne went up
stairs. How was it that the bruise
was upon Gonld, and not scratch
upon her person? Yet she says it
was in self-defense! I don't believe
Bob Ramsey's evidence, because
there was nothing to sustain his tes
timony. Gould was desparately
wounded, and would rather die than
expose his wife. I don't believe Bob
Ramsey saw the difficulty his testi
mony convinces me "of this fact. He
didn't wnow where she got the knife,
or where she put it. ..Why was it
she entered the quarrel the second
time? . Apply justice and truth to
this case as the law demands, and
you will do your duty."
Hon. Ben Posey, one of the attor
neys for the defense, then andressed
the court and jurv as follows: "This
5?". case, gentler
"erjfnjorl
tlemen of the jure, is a mat
igrtance- v an. fi ott n.we
.---Wore ' von a woman churceu wui
nrder, and I say for you to try the
case according to the evidence pre
sented for your consideration; I don't
want to influence yon, nor would
have you swerve from your sworn
duty, but. we insist that you find a
verdict of no quilt v. That the State
should be leresented. I do not ques
tion, but they have failed, even by
their witnesses, to make a case. I will
try to satisfy the court and you, gen
tlemen of the jury, why she stabbed
Gould. " I appeal to you to resist all
the arguments introduced by Mr.
Ferguson, as they contained no points
which should claim your attention.
Will he explain to this jury why
they only introduced one witness?
They unsuccessfully tried to break
down the testimony of Robt. Ramsey.
Cannon corroborated his evidence,
Mary Woods, so far as the scene in
the yard is concerned, also sustained
him. Did Ramsey tell the truth? If
not, then he and Mary Woods and
Cannon all lied. He was there wait
ing on this nan when he was stabbed,
and did not leave until death ensued.
Here is the bill of indictment; where
are the other witnesses, and why
were they, not introduced? The
prosecution say they only want to
fairly investigate and throw light
Upon this case. Dr. J. W. Patton
was : the only witness before the
grand jury, and he has not come up
n that witness stand! - When they
can obtain the conviction of this Io
nian by fair means, I will, acquiesce.
Is that convicting her by fair means,
to use ignoble ends? You've got a
desparate man ' on the one haud to
deal with, and a frail, delicate woman
on t-ieother. When you see him on
the streets he is a gentleman, and at
home, where he should be kind and
loving, he is beating and abusing the
woman whom he has sworn to lore
and cherish -his wife. . Ile follows
her up; throws a bucket of water on
her, jerks her off the couch and
raises his foot to stamp her; How
did she get - the. knife? Sne had a
right to arm herself and defend her
personal liberty. The only time she
stabbed him was when deceased at
tempted to strike her down the. sec
ond time. ' The counsel on the other
side wants you to convict this woman
of manslaughter or of assault and
battery. It is indeed a rare occur
rence that a woman is indicted for
murder.; Ordinarily they have souie
&aQ. to protect her: father, son, broth
er or other loved ones. But this
fragile wonrin, away from home, in
a strange Uriel and among strangers;
no one to plcadand take her part,
i . r
no one to car
protection b
character, sh4
r
3il neA
U ne:
ibv,
me ninges oi yr
es crear
jrearik
protecting thi seihjk6r
womaW
Consider all the testimony. If satis
fied she killethe deceij;sel,"yxn have
a V - yigrht-Mo' . say so you should
say so, but you should carefully con
sider .the proof of his 'violence to
ward. his wife, -ilt any rate, Avehave
proved by our witnesses and State's
witnesses that the deceased's charac
ter for violence was bad, and more
especially when he was at home. "A
man when he is a gentleman on the
streets to his friends and then goes
goes homd and abuses his wife, with
no one to protect or shield her, is the
meanest man that, God ever let Jive,
Study all the testimony introduced.
Gentlemen of the jury, fancy the
poor, weak, tragile frame of JUrs.
Gould, dangling in mid-air between
heaven and earth at the end of a cruel
rope, the victim of a merciless prose
cution; without even a friend or rela
tive to come forward and say, "Give
me her body; I'll give it a decent
burial," but it is turned over to the
common undertaker of the countv.
This picture you can make by fiud
mg the defendant guilty of murder.
Go go the capitol of your State and
enter the common prison and see
there peeping out from behind the
cold, chilly grates of a felou's cell, a
poor female, with despair and woe
depicted in ner. face, and hear her
say, "I have no mother, whose tears
of pity can s--otbe and make soft the
pillow on which I lie; I have no sis
ter to write letters of sytipath and
cofntort .to., dispell' the elf 11 ot these
at
ountry because I 'eha'vxffdt6 -
leferid my own life against the rner-
ciless assaults of a husbariu who had
swom to love and protettt me. This
picture you can draw by finding the
defendant guilty of manslaughter.
On the otherdiand picture yourselves
returning to-night , to your happy
firesides, surrounded by the sacred
circle of your families, and with your
itl le children on your knees anil your
wife by your side. See the tears of
joy arise in their eyes as you explain
low, when taken upon a jury of your
country, you vindicated the charac
ter and conduct of a woman who had
stricken down a brutal husband, who
was seeking to take her life; and as
these tears of joy flow, you see a
hearty approval in them all. This
picture you can draw by finding the
defendant not guilty, and this is the
verdict we expect at your hands. I
implore you to so conduct yourselves
in tlie trial of this case that, if your
utnre life is made up of such conduct,
when you fall asleep to the things
of this life, you may fall asleep in
Jesus, to a iake .where the river of
the water of life, as clear as crystal,
comes forth from the throne of God
there to, enjoy forever the blessings
which God has prepared for those
who love Him there to realize the
words of the poet when he says:
How sweet to think that on our eyes
A lovelier clinie shall yet arise; ...
That we shall wake from sorrows dream
lJeside a pureud living streani'
Do your duty, and when you; have
lone, Mrs., Gould will be a free . and
appy woman."
Owing to his suffering with mus
cular rheumatism, the courtpermit
ted Mr. Norvell to sit and make his
argument, which was asfollows :
'May it please your honoiy and j-ou,
gentlemen of the jury: The circum
stances attending this unfortunate
affair are as familiar to you as myself.
You remember well the s statements
of witnesses. Mr. Ferguson, one of
the prosecuting; attorneys, has dis
cussed them, and Mr. Posey, one of
my colleagues, has forcibly presented
to you his view of the case upon the
same. .Now', in a brief manner, I
shall endeavor to do my duty to my
client by calling out a fewpoints,
and presenting my view of the case.
am more than pleased to see that
we nave sucn an intelligent jury
men of families; for it is to a home
or what was called a horns, that we
have to go and there find the theme
of our thoughts, and only. such , men
as you are competent judges of do
mestic, relations, particularly the re
lation! of husband and wife. I shall
j not attempt an3-thing like eloquence,, ;
mt talk with vou as though we were
aid your firesides. Before going
. i a . t. t..
x lev me niv uiai utnirnow to
I and ffver I "shall maintain
'A
je dete
11 v M. Gould,
in self-defenl
case ycr. mit5 as.vtrfts'yout
yourselves 'in the sitnatrbn
fcudant on the day of the occaf itee
of this unfortunate affair. Yon have
a right to take into consideration the
relative size and strength of the de
ceased and the defendant. We come
to the culmination of this affair; You
know the circumstances sufficiently
well. From the description of the
room, given by Ramsey, for the de
fendant to hive attempted to pas.
out of the door by which she enter
ed, she would have placed herself in
had to pass by the deceased, who was .
at that moment assaulting her with a
stick; and I submit that she would
have been justified in k di g h.m
then and there. Here the attorneys
for the State are crying for this wo
man's blood. - How are they tryiug
to get it? Who are the eye witnesses
to this affair? Mary Woods, Wm.
Cannon and Robt. Ramsey. They
are the witnesses who should have
been put before this jury by the
State. Never before have I known
the State to go so far as this in try
ing to get the blood of a defendant.
T had always conceived the duty of
the State to do justice to all parties,
and if the evidence of the eye wit
nesses would acquit, why then let it
do so, audVthe State, would be satis
fied. - They kept an important wi-
frreak ''-utB'n. the tetuniouy-df oul v-
witnesses simply because they were r
-t V . . : " - "... 4- l
Let me sav that should
you find the defendant guilty, and
there remains In your minds any .
doubt, you will be forever haunted
with the thought of possibly having
done the defendant a lasting injus
tice. As my associate, Mr. Axley, ;
will follow me, I will, without say- -ing
more, leave the fate of my client
with you, for I feel that you will do'"
her justice by returning a verdict of
not guilty."
Col. F. P. Axley next spoke in the
following language: "There is one
view of the case that all can be con
gratulated upon. All differences of
opinion and complications are recon
ciled. It has narrowed down to the
home ot C. N. Gould. The facts are
concise. This evidence, short as it is,
has narrowed to that little compass. .
The doctrine of self-defense is that
you shall not take, one step where
you place your life in jeopardy. The
State ha, made its case on Dr. Pat
ton's evidence. There is no use to
rehearse this testimony. Bob Ram
sey is the only witness that knows
anything about this case. He is the
only living witness in the transaction.
No man, white or black, can concoct
the kind of a story he tells and not
be be caught up with. He tells the
same story all the time, even under
the cross-examination of the learned
prosecution. He alone kuew tf
the transaction. Truth will pre-.
vail anywhere. He ""WQfifd haW
broke down had he not bee u an eye -witness.
His testimony was intelligent-and
convincing. Mrs. Gould
could not have yielded a step
without endangering her life. She
had a right to strike, no matter where
she got the dagger, under the brutal .
assault of her husband. A similarity
of positions with you would have no
doubt resulted the same. She had
been driven down stairs, and where
should she go" but to her room. She
had a right to look for other treat
ment from her husband, whose duty
it was to protect and sustain her in
the trials of life. She had as much
right in the room as Gould, she had
a l ight to strike if she had any re
gard for her life, no matter what with ;
and where she got it. Suppose
Ramsey is a bad character. . Can't he
give a simple and truthful statement '
of an occurrence as he saw it? This
he has done Cannon substantiated ,
what he . said. Can there be any
possible motive to induce these men
to tell the same stbiy? A man never
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