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The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, January 12, 1914, Image 1

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f volume xxxxm . ;_ Birmingham, Alabama, Monday, January, 12, mu number j»i
„ ^Six Generals Included in Number Fleeing From
Ojinaga Before Villa’s Troops—Many Wom
en and Children Are Among the Refugees

Federal Generals Mercado, Castro, Orpinal, Romero, Aduno and
Landa in Custody of United States Troops—Villa Tel
egraphs Carranza, “I Have Proved My Abil
ity to Capture Ojinaga”
Presidio, Tex., January 11.—Twenty-eight hundred Mexi
can federal soldiers, six generals, 200,000 rounds of ammunition,
two cannon, four large field pieces and 1500 civilian refugees
were in the custody of the United States army border patrol to
day as the result of the federal evacuation of Ojinaga, Mexica,
and the occupation of the Mexican village by (Jen. Francisco
‘ Villa’s rebel forces. .
The distress of the refugees is intense. They have scant
food and no shelter. Men, women and children, dogs, chickens
and cattle are packed together in a space covering several acres.
About them are scattered all the goods and baggage brought in
flight from Ojinaga.
Urgent requests for the immediate re
moval of soldiers and refugees to some
* ^other place were sent by Major Mc
Nnn.ee to the war department through
General Bliss.
Other results of the rebel success
that places General Villa's army in un
disputed control of a vast section of
. ^northern Mexico are .
Federal Generals Mercado, Castro,
Orpinal, Romero, Aduno and Banda arc
« in custody of the United States troops
awaiting disposition by the war de
Gen. Paseual Orozco and Gen. Ynoz
Salazar, federal volunteer commanders,
escaped along the border to some point
remote from Presidio. .Salazar was
j wounded. They were accompanied by
General Caraveo and General Rojas and
> 300 cavalrymen. Salazar and Orozco
are being watched for In the United
States on indictments charging them
with violating the neutrality laws.
General Banda said he was certain
all the federal troops -escaped.
Charges of cowardice were made
against Orozco, Salazar and Rojas.
„ General Mercado said the generals
abandoned their troops at the begin
ning of the battle and thus weakened
the federal defense.
The only generals who quit the bat
tlefield with honor, General Mercado
said, were those who accompanied the
federal army across the Rio Grande.
General Mercado reiterated that the
i federaIs were compelled to evacuate
because of lack of ammunition. He
r said his soldiers only had an average
|{ of 7S cartridges each.
Camped in Ojinaga. for the posses
sion of which he had been fighting less
than 24 hours previously, General Vil
la started the work of establishing
rebel government. He telegraphed to
General Carranza:
•I nave proved my ability to capture
After the conflict incidental to evac
uation the battlefield opposite Pre
sidio at daylight revealed a scene of
$ desolation. The whole sweep of land
it leading to the heights of Ojinaga had
been ploughed by the frantic rout of
the federal army and the eager scram
ble into the village by General Villa's
A cannon toppled muzzle* downward,
n bloodstained saber sticking in the
muddy river hank, rifles thrown in
■ heaps, the crumpled forms among the
cactus and mesquite, and the eyes that
peered hero and there from among the
rocks, were among the mute sugges
tions of what had been gone before.
Those who went across in behalf of
the Red Cross found many wounded
/.who for hours had remained uncared
■for. Many were traced in the trenches
by their groans. It was the belief of
the American army physicians that
many soldiers died because neither fed
erate nor rebels had a hospital corps.
The 1500 civilian refugees who
rushed across the river when General
Mercado went through the streets of
Ojinaga, telling the people to flee, suf
(Coatlnued ob Pave Two)

Rebels’ Destruction of Traf
fic Causes Carden to Dis
cussWith Huerta Means
of Policing Road
1 -
Mexico' City. January 11.—The interrup
tion of traffic between the Mexican cap
ital and Vera Cruz by the cutting »f
the Mexican railway last night by the
rebels, with the consequent Isolation at
n wayside station of the American charge
de'affaires, Nelson O’Shaughr.essy, caused
th - lMtleh minister, Sir Lionel Carden,
to make personal representations to Pres
ident Huerta today regarding the better
policing of that line, which is British
property. This revived speculation in
the capital as to how far the British
government would go in protecting the
An attack on a freight train was tha
first serious effort rebels have made to
intefere with traffic between the capital
and Vera Cruz. The train was stopped
within tlie tunnel south of Esperan/a.
The engine, crow escaped with the loco
motive and reported the attack from Mal
trata. The men on the locomotive in
front jumped and ran from the tunnel,
hiding among the rocks.
Charge O’Shaughnessy and his wife
were on a train which left Vera Cruz
this morning. This train was stopped
at Orizaba, where it remained all day,
while work of clearing the tracks of
the burning freight train was in prog
ress. The charge had expected to arrive
here before morning.
Traffic over a branch of the Inter
oceanic railway was interrupted la«t
night by the rebels, which gave rise
to the report that tlie main line to Vera
Cruz had been cut.
Insists on Protection
In the concession granted to English
builders of the Mexican railway, more
than 40 years ago, it was provided they
should at any time have the right to
police the property with British troops.
The management of this railway and
many members of the British colony bad
long considered the probability of inter
ference by rebels resulting in the land
ing of marines. The Incident of last
night scarcely had been reported in the
capital when the British minister called
on President Huerta and insisted that
better protection be afforded.
Early in the day a troop train was
sent from Mexico City to that portion
of the line, but the rebels had disap
pea red.
Between here and Vera Cruz there are
scattered a few soldiers guarding tho
more important bridges. Pilot trains,
each carrying 50 soldiers, run ahead of
ail passenger trains. For two weeks the
rebels have been increasing in numbers
(Continued on Page Tiro)
Great Interest Being Manifested in Washington as to Who the
President Will Appoint—John Skelton Williams Seems
to be Secretary McAdoo’s Favorite, it is Said
I% Washington, January 11.—With the re
turn to Washington of the reserve bank
^ organization committee interest in the
Hew federal finance system centered to
day on the question of who is to be made
comptroller of the currency. Under the
new law the comptroller is exofficio a
member of the federal reserve board
consequently any nomination sent to the
Senate by President Wilson will be scruti
nized with greatest care.
Persons on close terms with Secretary
McAdoo are convinced he intends to
make a vigorous effort to have the Presi
dent nominate J. S. Williams, now assist
jWar.t secretary of the treasury, in charge
jLf finance. The friendship between the
President and Mr. McAdoo inclines politl
Vjcal observers to the belief that if the sec
retary Insists the name of Mr. Williams
v 11) be sent to the Senate soon after the
J’resident's return.
There have been many reports that a
fight would be made to prevent the con
junction of Mr. Williams, who has been
crltcised In newspapers for official com
mt'nta in connection with a local bank
flurry. It is not doubted that President
Wilson can get a confirmation from the
question of the comptrollership, members
of Congress aid waiting eagerly to learn
if the President has decided upon the
five ether men he is to appoint to the fed
eral reserve. It is regarded as probable
that the board will not be named for sev
eral weeks since it will have nothing to
do until the reserve organization commit
tee completes its work, which is not ex
pected before the end February. The
organization committee will begin public
hearings here "Wednesday. It is under
stood here the committee has determined
to place reserve banks in New York and
Boston. The determination of the geo
graphical limits of the districts of which
these cities shall be the financial center
may depend upon the result of hearings
here. Philadelphia, PHtsouig, Baltimore,
Washington, Richmond, Raleigh and
Wheeling are to he heard Thursday and
Friday, and the limits, especially' of the
New York district, w'lll be affected by the
arguments made by bankers from these
Commission Makes Report
as to Condition of the
Matteawan Escape
Attended Church With His Mother,
Accompanied by a Guard—Said
His Silence Was According
to Counsels’ Advice
Concord, X. H„ January II.—Harry
Kendall Thaw would nat l>e n public
menace If released on ball, according
to the report of the eommlMsIon ap
point by Federal Judge Mdrlclt to In
quire Into Thaw's mentality.
The report saya the commission finds
Thnw is not no wafflleted with sny of
the menfni diseases from which lie
was suffering when be slew Stanford
The flnding was announced today.
While the commissioners snv they have
reached "a definite and positive opinion
as to the present mental condition of
Thaw and his probable state of mind at
the time of the homicide." they refrain
from expressing this opinion, in view ot
the instructions of the court not to em
barrass any subsequent litigation where
the broad question or insanity might be
"Upon the question of menace or dan
ger through the granting of hail wo may,
however, he permitted and probably are
compelbd." concludes the report, "to rec
ord our flnding that whatever may have
been the mental condition of Harry K.
Thaw at the time of the homicide he now
is not suffering from any of the mental
diseases alleged by the prosecution at the
time of tile trials or subsequently thereto,
namely, manio-depressive insanity, para
noia. dementia praccox, or delusional in
Liberty Would Not Be dangerous
“In our opinion it is reasonably prob
able that Harry Kendall Thaw’s liberty
under bail would not be dangerous or a
menace to the public safety/’
The commission comprised Gen. Frank
S. Streeter, a lawyer of this city: Dr. Mor
ton Prince, Boston; Dr. G. Alderblumer,
superintendent of Butler hospital for the
insane, Providence, K. I., and Dr. Charles
P. Bancroft, superintendent of the Now
Hampshire hospital for the insane, this
city. The report will be considered by
Judge Aldrich early this week in connec
tion with the petition of Thaw for admis
sion to bail under habeas corpus proceed
ings. The judge has said that after the
presentation of the report, interested par
ties may have an opportunity to be heard
before the bail Anally is pasB$d on. No
date for a hearing has been set
After referring briefly to Thaw's second
trial and his committal to Matteawan
state hoslptal as a victim of •‘maniac-de
pressive insanity," the report says the
commission examined all entries of official
record in the hospital relating to Thaw
from February, 190N. to the date of his
escape from the hospital. Transcripts of
three cross-examinations of Thaw by
counsel for the state of New’ York on
habeas corpus proceedings were also In
Searching Examination
"All tile cross-examination*,” say* the
report, "except that before Justice MorH
chau ser, which was brief, covered the
most searching Inquiry Into Thaw's men
tal condition and attitude.
"We also had before us.” say the com
missioners, "various exhibits, letters and
other documents used upon the two trials
for homicide and In other proceedings." .
The report then tells of the public hear
ing held on January 7. at which interested
parties were asked to offer evidence of
acts committed by Thaw since ,hja coin,
mlttal to Matteawan tending td'show p^r-i
sonal violence, and evidence to the cotfi
tary. "Counsel for the state of New
York,” it continues, "declined to appear
on the ground that our power under tile
order of the court was inadequate to a
determination of the question submitted.
Counsel appeared for Thaw and offered
evidence of his custodianship, since Sep
tember IS, .1913,” t/k"
The report says Its mental examinations
of "Thaw covered a searching'Inquisition'
into all the acts of his life.' TTlcy' ifr-;
(Contlaurd n Page Tn.|
. ' * ; : ' .

Has Spent Nearly Three
Weeks in Rest and Recre
ation—Will Take Up
Important Matters
! Pass Christian, Miss., January 11.
I After nearly three weeks of rest and
recreation at a little cottage near th-d
gulf coast here, President Wilson to
night bade farewell to the southland.
Hr* told Mayor Sausier and a crowd of
citizens who gathered at the station tp
bid him Godspeed that he had enjoyed
his vacation very much, had been
benefited greatly by the change of cll
mat« and had obtained exactly the rest
he had desired.
The President and Ids family got
aboard their ear early in the evening
and had retired long before the train
was to depart, at 11:18. The party will
arrive in Washington early Tuesday.
President Wilson goes back to th*'
capital with his mind practically mad*;
ui* on a number of important ques
tions, but his decisions will not crys
talize until he confers with democratic
leaders In Congress. The President has
written a rough draft of his message
on trust reform, but will not send it
to the printer or arrange for its de
livery until he has talked It over with
Attorney General McRey Holds. other
members of his cabinet and the con
gressional committees that will be in
charge of trust legislation.
It is believed that the President has
completed a tentative list of men for
the federal reserve hoard, but will not
announce his selections until further
conferences in Washington.
Has Done Much Work
All told, the chief executive has done
a groat amount of work between hid
games of golf, his long motor rides
and his extended periods of rest. He
has practically mapped out the course
of his administration for the remain
ing months of th«> present session of
Congress. His work has been practi
cally uninterrupted either by callers on
official Vuisiness or by the curious
among the.gulf coast people. With the
exception of John Lind, his personal
representative in Mexico, the President
has seen absolutely no one on busi
In this connection denial was made
today of detailed newspaper reports
just arriving here to the effect that the
President had dropped a hint to a r< -
rerit viator that h« might select Wil
liam M. Taft for the supreme bench
when Chief Justice White retires. It
\ as pointed out at the presidential cot
I tage that no one had seen the Presl
I dent here who could possibly have hud
u conversation with him on anything i
relating to the supreme court.
/ Gen. Cattleman Dead
New Orleans, January 11.—General
T. W. Qastltman, ?C years old, promi
nently Identified with the United Con
federate Veterans' organization of
Louisiana, died at his home here today.
He was a former commander of Louisi
ana division of the United Confederate
1-2*10 Mexicans cared for by 1'. 3. j
border patrol.
Webb would strengthen Sherman law.
Thaw's liberty not a menace.
Second **age of regular session begins
President bids south farewell.
2— Railway strike situation more favor
able now.
3— Foreign bankers to make speeches on
•currency law.
4— Editorial comment.
■R—No gubernatorial candidates expected
to withdraw.
Expect to end steel probe here today.
Fine progress made on press club
rooms. .
Restraining order prevents opening of
Lyric theatre,
5— Wbltlicld says unOtiJakMJ* 'letter will
ba probed. t'fc
v •
f” "

Mine Union Officials Dis
play No Perturbation By
Revelation of Opera
tors Having Records
Houghton, Mich.. January 11.—Evi
dence gathered through a* telephonic
device concealed in the office of at
torneys for the Western Federation
of Miners may play an important part
in future developments of the copper
strike situation, it was learned today.
I Operatives of a detective agency said
| one of the instruments was in the Hal
uiiiot offices of Angus W. Kerr and
[ Edward F. Legendre for five weeks
last summer and that more recently
[conversations between Hilaries 11.
Moyer, president of the federation, and
O. N. Hilton, its chief counsel, were
recorded by the same method in the
Scott hotel. Hancock.
None of the men concerned seemed
perturbed by the revelation. They said
they had heard the device was being
usd by agents for the companies. Kerr
and Legendre have been legal advisers
to the union since the strike started.
It was said voluminous records were
made of statements by the attorneys
by Guy E. Miller, Yanco Terzich and
J. J. Lowney of the executive board of
the federation and by H. E. Mahoney
and Charles H. Moyer.
II was said these records were turned
over to the mine managers and there
was a hint also that some went before
the grand jury, which has been in
vestigating all aspects ol strike law
lessness. ft also was said that the ar
rest of two men in New Y^rk yester
day in connection with alleged affi
davits relating to the use of “gunmen”
by the mine managers, was one of the
direct results of the use of the secret
A blizzard swept in from Like Su
perior today and caused a halt in strike
activities. Regular Sunday meetings of
tin* various locals were held and a num
ber of Italians grouped in a hall to
resent an attack on women of their
nationality which they claim has been
printed in the Italian section of thy
federation's official strike journal. Tin
Italian meeting broke up in a row.
There was discussion of means of In
ducing striking Italians to desert the
union, but resolutions adopted were
confined to the publications in ques
Moyer to Attend Convention
Chicago. January U.—Charles IT.
Moyer, president of the Western Fed
eration of Miners, today returned to
Chicago almost unexpectedly as hr* de
parted Wednesday for the Calumet
mining district. He conferred with
Yanoe Terzlcli, member of the executive
council of the federation, and left at
5 o'clock for Denver. Moyer will fa
miliarize himself with developments in
the Colorado strlk*- situation and re
turn to this city In a week. He will
attend the convention of delegates of
tin- United Mine Workers at Indian
apolis. which opens January 20. and
will be present at one or the meetings
•of the council of the American Fed
eration of Labor, which begins at
Washington, February 19.
On January 29 he will be at Lansing,
when -the Michigan Federation of La
bor will bold a special convention to
consider a state-wide strike in sym
pathy with the striking copper miners
in the northern peninsula.
Thomas A. Hincline Dead
Minneapolis, January 11.—Thomas
A. Hinellne, past imperial prince of the
Dramatic order, Knights of Khorassan,
died last night from a stroke of apo
plexy. Mr. Hinellne was 50 years old.
• ei okm: urace dies •
• t
4 Newnun, (la.. January II. 4
i Eugene Uruce died here at 1:15 4
$ this morning from the bullet 4
$ wound he mysteriously received j
4 In Atlanta nearly two years $
i ago. He had suffered partial i
$ paralysis after the shooting and $
4 bad lieeil in a serious condition $
4 for several days. ?
• i
—. 1 --
the feio grande
j Senators and Representa
| lives Already in Washing
ton Ready for Work
Trust Legislation Will Come in I'or a
Large Share of Discussion—Pres
ident and Cabinet to Confer
as to Mcssag
Washington, Jnnunry I!,—emigres*
tomorrow M ill start on the second NtiiKe
of the regular sens Ion with the enlcn
dnrM of both Iioum«>m erowdetl mKIi
varied mid far-reach lug leg Islnt Ion.
Kefrenlied l»> tlie first complete relax
ation slnee President \\ llson enlivened
the speelnl tariff etirreney session Inst
\|»rll, senators find repreaentntIves re
turned to Washington today keenly In
teresled In the iiroapeetlve dcvclop
j incuts of l lie next few months,
j Trust regulation, through further cor
jiictive and prohibitory legislation, \% 111
bold much of the attention of both houses
from the time work begins tomorrow; put
other subjects will share the legislative
arena. The first of the trust bills to bear
any official stains ire ex pet ted to appear
during the present week, with the in
dorsement of the democratic membership
of the House judiciary committee; and
their scope and terms prooably will reflect
« !of( ly the views of President Wilson and
Attorney Ueenral A1 ‘Reynolds.
The President will .each Washington
Tuesday, bringing with him a draft, if
not the completed copy, of his message to
Congress upon trust legislation. This will
)• • gone* over at eonf renews between the
President and House and Senate trust
Mil framers before It is submitted to
Congress. The general character of anti
trust bills prepared by Chairman Clayton
and Ills associates of the House commit
tee already has been outlined.
Rural I reditH to <«et Attention
Rural credits legislation also will receive
attention when the President returns, lie
has hud with him tlye report of the rural
credits commission and an outline of the
general banking bill that will be laid
befon Congress for consideration ut this
scesion. Hotli of tie* ■ documents will
be made public within a week or two.
Rural credits legislation would create a
system of country hunks from which
farmers and stock raisers could get credit
upon special terms of security; and time
of maturity, and the creation of credit as
sociations by which farming communities
could finance their ov.i op.-rations.
Scores 6f other legislative subjects are
1 roesing for consideration hi both houseg,
and congressional leaders predict the nres
tContinued ou l*ug« Two#
_ _ ___
_ ]
Representative Not in Sym
pathy With Other Leg
Would Amend Sherman Law to Pre
vent Forming of Combination* or
Agreements, Written. Oral
or Otherwise
W ashington, January 11.- Several nei*
measures relating to monopolies will bo
thrown into the arena of antitrust let?ts
L.tfon when Congress reassembles tomor
row. A brief bill design h1 to strengthen
the Sln>rman law will be introduced by
Representative Webb of North Carolina.
Representative Hinebahgh of Illinois, pro
gressive, will Introduce two resolutions.
Oftt would direct tin* Attorney General
to report to the House on the legality of
telation* existing between the Pennsyl
vania railroad, the Pennsylvania company
and tho Jlalttniorc anti Ohio railroad. Tho
others would order an investigation of
relations between the New York Central
railroad system and Its subsidiary 11n«
find the influence of interlocking of that
system and the intluen :e of Interim King
stock control upon the railroads' costa,
s* rvice and rutes. • r
Repi esentativc Webb Is not altogether
Ir sympathy with other measures planned
for the antitrust progress, and he will
urge action along tho lines of his bill
| t . amend the ShCvman law. If my pro
posed amendment Is adopted," he said to
night, "then every contract, combination
or conspiracy in restraint of any part of
ttilde, or commerce, whether slight or mu*
ttvial, becomes illegal. I believe it
would give the Sherman law all the vi
tality it ever had and nil that the coun
try wants."
The Amendments
The webb hill would u.v:id the Sherman
law so us to read as follows:
"Every contract, combination in tho ]
form oi trust or otherwise or conspl*- I
acy or agreement, whether written, oral
or otherwise, in restraint of trade or
commerce, or any part of trade or
commerce among the several stales,
or with foreign nations. Is hereby de
clared to be illegal, unless the per
sons entering into such contract, com
Mdnatlon In tin* form of trust, or coti
| splracy, or agreement whether writ
ten or otherwise, in restraint of trade
In commerce, or any part thereof, shall
! affirmatively show upon an indictment
or civil action for violation of this sec
tion that such contract, combination hr
the form of trust, conspiracy, or agree
j nicnt in restraint of trade or commerce
tor any part thereof, docs not Injure the
[business of any competitor, and that
such c.ootrrud, combination. conspir
acy or agreement, is not to the det
riment of the public, and that such re
straint of trade or commerce, or any
part thereof is m»t unreasonable. Every
person who shall make any such con
tract or engage In any such combina
tion or conspiracy or agreement, shall
be deemed guilty of a misdemeanor and,
on conviction thereof, shall I" punislmd
by a fine not exceeding $5000 or hy
imprisonment not exceeding one year.
• »r by both said punishments in th?
discretion of the court."
All trust hills Introduc'd tomorrow
will he referred to tlm Judiciary com
mittee. which meet* Tuesday. Mean
time the committee majority will pre
pare foi a conference with President
Wilson um nuickly as posslN*. Repre
sentative Carlin's bills, prepared by his
subcommittee op trusts, will not be
introduced until after the commute
meets or the views of the President
have been ascertained.
Representative Hlmdoiugh said to
night that his resolution on the New
York Central’s relationships whs de
signed to got accurate Information for
legislation to remedy existing evils. Ho
said that while J. P. Morgan & C ».
had announced resignation from the
directorships of the three New York
Central system roads. It did not appear
that the company had sold or trans
ferred any of its stock in these various
Counterfeiters Arrested
Hrtisec*Is. .January II. -Policemen and
firemen hud a hard chu.se over house
tops today after a Spanish anarchist,
member of an International hand >r
counterfeiters. The man was cornered
and put up a desperate resistance.
Seven other members of the yang wepo
arrested without trouble.
♦ *
• *
I 4 Montgomery, .Januarv ll 4
4 (Special.)- II. I*. Savely of 4
4 Washington, general field agent 4
! 4 of the United States department 4
4 of agriculture, has been made 4
, • mi per vigor of farm Uetnoflatr* •. N
4 tlon work in Alabama, to serve 4
4 until a successor of H. H. Moss. 4
4 state demonstration agent, is sc- 4
4 lected. 4
4 Mr. Moss resigned lust month 4
4 to become managing editor of a 4
4 farm journal at Birmingham. 4
♦ Mr. Savely came to Mmitgom- 4
4 cry Sunday and will hold a con- 4
4 ference with district agent- 4
4 Monday. He will have stipervi- 4
4 sion over Alabama in addition t<» 4
4 his field work. 4
i * *
$2,000,000 FORTUNE IS
Descendants of Captain Charles Francis Lebon Claim French
Government Never Paid Him for Coffee Plantation Confis
cated in Hayti, and Would Recover Full Amount
Baltimore, January 1!.,- A fc^une said
to amount to nearly f2.utto.00A, and to have
hua Its* foundation 120 v nry. ago when the
republic of llayti was uirter away of the
Fmich empire, is bt'typ s;uight by de
scendants of Capt.'Chari?.* Francis Lebon,
a French arms' officer. Twelve families
who claim descent from Captain Lebon
live in Baltimore and one in Philadelphia.
According to papers- wlilch will be pre
sented to French Amba >ador Jusser.md
this week, the fortune had its inception
in a large coffee plantation owned by
Captain Lebop in llayti. I „
When the French soldiers were ordered
to evacuate the island in 1794, the papers
show, Captain Lebon was granted l-,luO
louiE by tlu* French government as com
pensation for his loss. The descendants
a avert this amount never was paid.
It appears that Captain Lebon's son
wu,* one of the owners of the fast clipper
built ships which made this port famous
during the second war with Kngland. It
is contended that a number of the ves
sels were commandeered 1 y the t’nlted
government and were to be paid later on.
This; it is asserted, never was doue»

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