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The San Francisco call. (San Francisco [Calif.]) 1895-1913, April 04, 1895, Image 4

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No Verdict In the Strikers'
Case Has Been Reached
as Yet.
They Will Be Locked Up Again To-
Nlght if a Decision Is not
Arrived At.
The jury in the case of Cassidy and
Mayne, the strikers charged with conspir
acy and obstructing- the United States
mail, is still out. During all yesterday they
did not give the slightest sign, and al
though Judge Morrow was in his chambers
from 10 a. ai. to 5 p. m., there was no de
mand made upon him for an explanation
of the law in the case.
The jurors spent the night in the United
States District Court room. Ballot after
ballot was taken but no result was reached.
Finally tired out nature asserted itself and
the jurors, one after another, sought out
the softest spot on the floor and went to
6leep. At 7 a.m. the deputy marshal let
them out aud all had a good wash. An
hour later they went to breakfast, and on
their return they took up the weary task of
trying to arrive at an understanding. At
2 p. m. they went to lunch and by 3 o'clock
they were again hard at work taking bal
lots, At 5 o'clock Judge Morrow went
home, after instructing the Marshal to
take the jurors out to dinner and then lock
them up for the night.
On Tuesday night the jury was said to
stand eight to four, and yesterday after
noon rumor had it that it was ten to two.
The impression of some was that the ten
were for conviction, but the strikers and
their attorney ridiculed the idea. The
deep tnterest Taken in the case is shown by
the crowds of people who throng the corri
dors around the court. The defendants'
friends are out in force, and as hour after
hour passed and nothing was heard from
the jury their hope kept growing, until
now they are confident it will be a dis
agreement or an acquittal.
The trial of these strikers has been
unique in many respects. The defendants
took oath that they had not the funds
to secure the witnesses necessary for
a fair presentation of their case. * Fol
lowing the usual custom Judge Morrow
therefore ordered the witnesses summoned
at the expense of the United States.
During the trial 87 witnesses on behalf
of the Government and 127 on behalf of the
strikers were examined. These 214 men
came from Sacramento, Oakland, Palo
Alto, San Jose, Dunsmuir. Stockton,
Vallejo, Red Bluff and Truckee. All of
them were paid mileage and $2 a day until
they were placed on tile witness-stand.
The trial began on November 12, 1894,
and the jurors sat through 74 days of testi
mony, speeches and charge. The testi
mony covers 6000 pages of type-written
foolscap, the speeches" ki«teu three days,
and the charge covered 274 pages of type
written foolscap and occupied two days in
its delivery. The jury has now been out
two days, and the chances are that they
will be kept out two more, or until a ver
dict is reached. The trial has cost the
Government the enormous sum of $20,000,
so it is not at all likely Judge Morrow will
dismiss the jurors until all possible means
of arriving at a verdict are exhausted.
Farmers Will Be Asked to
Contribute From Their
Barley, Oats and Wheat Are Much
Needed for the Spring
The drought-stricken districts of Nebraska
have sent in an appeal to California for seed
* — principally barley and oats — with which
to again make an effort to place themselves
beyond the pale of charity.
This appeal comes to the State Board of
Trade, and yesterday Secretary Fletcher
held a consultation with William H; Mills
as to what would be the best course to
pursue. ' . "", •
It was determined to make an appeal to
the farmers of this State to aid their stifr
fering brethren in Nebraska, and a circular
will be prepared and sent out to all the
papers in the interior asking the " co-opera
tion of every one interested.
The plan proposed is to have each farmer
give whatever he feels he can spare, no
matter if it be one sack or a carload. Ar
rangements will be made to receive and
store this grain at some point in this city
until all that can be secured ia in hand,
when it will be forwarded to its destina
It is probable that the Southern Pacific
will consent to forward the grain free of.
all freight charges, at least one of .the.of
ficials of the road expressed that as his
opinion yesterday. If these charges can
be lopped off it will materially aid the suc
cess of the undertaking.
Nebraska and Kansas have both stood
well to the front when aid was required by
other States which had met with mis
fortune, and now that the. people of the
former State are i,n a deplorable condition
in many instances, it is but a slight recog
nition of their past deeds of charity that
aid should be given them.
The relief committee which makes the
request only asks for two carloads of grain,
but a few of the gentlemen who are taking
an interest in the matter believe that a
trainload can be secured. ■
They say that no better refutation of the
belief that California's resources were
taxed by the drought of last year could be
given than to send a number.of cars of
grain to the Nebraska sufferers. One en
thusiast suggests that the train be deco
rated with California violets and appro
priate mottoes. to let. the people along the
route know that this State still retains its
reputation for generous hospitality and
charity in a time of need. .
Intended to Benefit the People of the
Outlying Districts— Scope of
Their Functions.
"At last the department has conceded
what San Francisco has much needed for a
long time past," said Secretary Richard
son, referring to .the dispatch from Wash
» ington which announced that seven sub
fetations of the Postoffice are to be estab
lished in this city, as follows:
I 1132 Kentucky street, northwest corner of
Railroad and Eleventh avenues, 1780 Point
fcobos avenue, 1900 Union street,' 1338 Castro
street, 3279 Mission Btreet, 359 Devisadero
"At these sub-stations money orders
will be issued, letters registered and stamps
sold," he continued. '*No carriers will be
attached to them, nor will money orders
-be cashed at any of them. Their mail will
fee collected the same as it is from letter
boxes, but they will nevertheless prove of
treat benefit to the outside districts. They
fere on an entirely different basis from the
. branch stations, which have all the facili
ties that are foiind at the main office ex
cept the functions of general delivery.
This is not given the stations so as to pre
vent them being used for clandestine cor
respondence by romantic young people
and for confidence schemes of all kinds.
We force that to come to the main office in
order to have it concentrated where a close
watch can be kept upon it with a view to
stopping it.
"There are ten of these stations and fifty
four stamp agencies. At the latter only
stamps are sold, and the remuneration is
but $24 per annum, but Jiie applications
are always in excess of the demand. While
there is not much money in handling the
stamp business, places that serve as stamp
agencies, which are generally drug and
stationery stores, find that they secure con
siderable trade by reason of selling stamps.
"The remuneration for those who are
appointed to the sub-stations is only $100
per year, but the applications for these
nave been nearly 100, the same reasons
governing as in the case of stamp agencies,
but to a more marked extent. This $100
includes rent, services, fixtures, and in fact
everything except the stationery needed
for the transaction of postal business.
"One applicant for a sub-station— a lady
sent in a petition signed by several hun
dred persons, but ?he was too late, as the
selection had already been made. The ap
pointments are made by the First Assist
ant Postmaster-General at Washington on
the recommendation of the local Postmas
ter and Postoflice Inspectors."
Members of the Santa Fe Reor
ganization Commit
tee Here.
The Extension of Lines in California
Will Receive Their
Edward King, president of the Union
Trust Company of New Yosk; George R.
Peck, general solicitor of the Atchison,
Topeka and Santa Fe Company; Wheeler
H. Peckham, Eastern general counsel of
the Union Trust Company ; W. A. Rossing-
George B. Feck.
{From a photograph.]
tori, Western counsel of the same company ;
and C. C. Beaman, counsel of the reorgan
ization committee of the Santa Fe, accom
panied by ladies, arrived in San Francisco
yesterday afternoon. The trip through the
San Joaquin Valley was made at high
speed. The special train carrying the
party which left Bakersfield at 6 o'clock in
the morning arrived at the Oakland mole
at 2 :40 p. m. The Santa Fe party was met
at Oakland by General Manager A. N.
Towne of the Southern Pacific and escorted
to the Palace Hotel.
Receivers Aldace F. Walker and Colonel
McCook left the party at Los Angeles. The
purpose of the visit is to give the receivers
and the lawyers representing the trust
company and the reorganization commit
tee an opportunity to inspect the Atlantic
and Pacific, the Colorado Midland and the
San Francisco and St. Louis roads by day
light. These roads are so intimately con
nected with the Santa Fe system that it
became necessary to study their actual
All doubt of the ability of the Santa Fe
to reorganize and further extend its range
of operations has vanished. Obstacles
which confronted the committee have been
removed and confidence has taken the
place of distrust. In the next era of devel
opment the extension of lines in Califor
nia, will receive early consideration. The
prospective value of the San Joaquin Val
ley road from San Francisco to Bakers
field via. Stockton and San Jose is appre
George R. Peck, the general solicitor of
the company, said last evening that the
visit to San Francisco at this time had no
significance. Only two members of the
party — himself and Mr. Rossington — had
ever visited San Francisco before, and the
chief object of the trip was to afford others
that pleasure. They will remain until
next Saturday, and during the sojourn
visit Palo Alto and Del Monte.
Remains of Father Fitzpatrick Laid to
Best at Calvary.
The funeral of Rev. Father Timothy
Fitzpatrick, the announcement of whose
death created much sorrow among the
Catholic people in general and his parish
oners in particular, was attended by all
the local clergy of the church and a vast
concourse of people. The late priest was
very much beloved by the people of All
Hallows Church, South San Francisco,
among whom he had labored for a quarter
of a century.
When Father Fitzpatrick, who came here
from Ireland at the solicitation of the late
Archbishop Alemany, went down to South
San Francisco to do missionary work
among his people over twenty years
ago it was far out of the city and there
were but few families to attend his serv
ices. But he worked on, the city spread
southward, and in the course of years the
zealous priest built up one of the most
flourishing parishes in the city.
A solemn requiem mass was celebrated
at 10 o'clock a. m. and besides Archbishop
Riordan, in frill pontifical robes, the clergy
of the archdiocese was well represented.
The church choir rendered the musical
services. There was a large attendance of
the people of the parish and friend sof the
deceased from various parts of the city.
The interment was at Mount Calvary
Cemetery. There was also a brief service
at the grave. •
Father Casey of St. Peter's Church
preached the sermon at All Hallows
Church. He paid a glowing tribute to the
virtues and zeal of the dead priest, re
viewed his splendid parish work end re
ferred to the great loss that his death had
Father Fitzpatrick was a native of Ross
Carbarey, County Cork, Ireland, and was
in his fifty-third year.
Did Not Die of Bright's Disease.
An autopsy was held on the remains of Dr.
Charles A. James by Coroner Hawkins yester
day. The cause o! death, as certified to by
City Physiciftn Eidenmuller, was Bright's dis
ease of the kidneys. The examination shows
that the organs in question were very slightly
diseased and that the heart was affected. The
stomach, liver and spleen were delivered to
Chemist Charles Morgan for analysis, and when
he reports the inquest will be held.
Langley's Directory is out and is now
being delivered. See it. It's a beauty.
Famous Dinners Which Old
Judge Mesick Bought
on Credit.
Over Two Thousand Dollars Spent
on Wine, Women and
The ghost of old Judge Mesick, if it was
in Judge Hunt's courtroom yesterday,
must have laughed in its shroud-like
sleeve at the queer legal tangle which the
old jurist left behind him to perplex
Judges and jurymen. Pierre Cassera was
there in the flesh, and, through Vincent
Neale, was suing for the amount of some
extremely interesting items which Mesick
contracted for at "Tortoni's" restaurant.
The suit is being brought against the
Mesick estate and is for the recovery of
$2382 50, a not uninteresting ijem by itself,
but infinitely more so when divided up
into the elements of which it is made.
There is a little scandal in every item, and
the way they followed each other in suc
cussion of dinners for two, three or four—
seldom for one, however — drinks, cham
pagne by the dozen, flowers, rooms and
coupes, and then "cash for Mollie."
Mollie figures prominently in the ac
count and in the case, but so far she has
not lent the glamour of her presence to the
dingy little courtroom. Mesick was fre
quently in Mollies society, as his account
shows, and as the soft-voiced waiters testi
fied yesterday, and in the fullness of his
admiration and Tortoni's best champagne
the gallant old lawyer had sworn that any
thing she wanted she was to get. Pierre
was called up and told of this decision, and
Mollie proceeded at once to act upon it.
She ordered dinners and wines, drinks and
coupes, and when she was a little short of
ready money she went to the restaurant
keeper and he lent her what she wanted
on the Judge's account.
The Judge came to the restaurant mostly
on Saturday evenings, said Charles Eisen
nien, one of the waiters, and before arriv
ing he would send word to have the room
fixed up with flowers, a fire lighted and
everything made comfortable for a night
out." He was very fastidious in his eating,
and would often have to be coaxed into
tasting the delicacies of the house or into
trying the new dishes which were set be
fore him. Just why it was necessary to
coax the old man the witness did not ex
plain, but continued about the peculiar
habits of the Judge.
Etienne Mastolli, another waiter, had
also a word to say, and also Giusenpi Pel
letiere. a musician who, with his four
comrades, often lulled the Judge into bib
ulous sleep and then went downstairs and
dined sumptuously at the Judge's ex
pense, for he had so ordered. These ex
travagances frequently cost hundreds of
dollars in a single night.
And Mollie, too, she did not stay by the
side of the drowsy jurist any longer "than
to finish her pint bottle of expensive
champagne. It leaked out that as soon as
the judicial eyes were closed* Mollie used
to seek other company and take up the
course of wine and wassail which the pre
mature slumber of the old man had cut
short. But all this was at the Judge's ex
pense. Had he not told her to entertain
her friends, without qualifying the sex or
number? Besides, a friend awake is better
company for girls like Mollie than one
asleep — and then, too, the waiters were
discreet, and the old Judge never knew.
It was not only at nijrht that the judicial
presence graced Tortoni's, for his ex-Honor
was as frequently there in the daytime.
He used sometimes, the waiters said, to
stay all the next day and night after an
evening with Mollie and the girls, and dur
ing these periods of penitence it was re
marked by the attendants that the Judge
was cross and irritable. He used to order
Erodigious quantities of champagne, but
c wasted a great deal of it and drank but
a comparatively small portion. Mollie
was not very often with him during the
day, but toward evening she would come
to see him, and then the old Judge would
rise from his chair, throw away his news
papers, ring the bell and order dinner and
plenty of champagne for two. On one
occasion he even went so far as to read
poetry to her, but ex-Judge Garber, who
represents the executors of Mesick's
estate, thought it was immaterial, so the
court ruled the poetry incident out. At
these dinners the Judge would frequently
sit down at 4 o'clock in the afternoon and
would not rise from the table until 12, and
even then he did so with reluctance and
The executors of the estate are contest
ing the claim on the ground that a great
many of the items were contracted at the
Judge's expense probably, but without his
authority. Their side of the case will not
be submitted until this afternoon, for the
plaintiff has more evidence to produce and
probably even the winsome Mollie may be
induced to come in and testify and make
theghosfof the ancient jurist chuckle in
phantom glee at being in her presence
once more.
She Fled to Stockton With a
Soldier From the
Although Only Fifteen Years Old
She Says She Is a
Is Annie Daly, a 16-year-old girl at the
Magdalen Asylum, a wife? That is the
question that is worrying Secretary Mc-
Comb of the Humane Soofety.
Annie Daly is the daughter of a laborer
who lives with his family at Harbor View,
near the Presidio. She is an attractive
girl, well developed and bright. She was
accustomed to visit the Presidio frequently,
and one day met a soldier named St. Clair.
The couple became quite friendly, and
whenever St. Clair was off duty he spent
his time in her company.
Several weeks ago St. Clair announced
that he was tired of barracks life and sug
gested that a matrimonial existence in a
hut would be far more preferable to him.
He suggested marriage to Annie, who
readily consented. St. Clair went to the
City Hall and secured a marriage license,
saying that Annie was of legal age.
St. Clair then made up his mind to de
sert. He had no money, but true love
laughs at such obstacles. In the house of
Annie's parents was a little box containing
$90. On the night of their elopement
Annie took the $90 and the couple went to
Stockton on the following day.
At the expiration of two days the Dalys
informed the police of Annie's departure,
and in a few days it was ascertained that
the couple had fled to Stockton. An offi
cer was sent thither, but when he arrived
Annie's supposed husband had fled, leav
ing her penniless. She was willing to go
home, but declared that she was married
to St. Clair. She did not know who per
formed the ceremony, but that it was per
formed she was certain.
The Dalys were anxious to place the girl
in a safe place, and she was accordingly
sent to the Magdalen Asylum. The officers
are now searching for St. Clair, who is
wanted as a deserter from the army. It is
certain that he secured a license to marry
the girl, but thus far the license has not
been returned for record, as would be the
case if the marriage had been performed.
Secretary McComb doubts the marriage,
but is nevertheless trying to secure evi
dence concerning that event in order to
satisfy the girl's parents, who are greatly
distressed over their daughter's escapade.
All Contests of the Will Except That of
Christopher Oat of the
Through the sale of the property at the
corner of Stockton and Market streets to
James Phelan, the executors of the estate
of the late Washington M. Ryer have been
enabled to carry out the terms of compro
mise agreed upon with Fletcher F. Ryer,
the son, and Mary Fletcher Ryer, the
divorced wife ol the deceased, both of
whom had contested the will.
Mrs. Ryer receives $50,000 and Fletcher
$35,000. The only other case pending that
prevents the final distribution of the estate
m accordance with the terms of the will is
the suit of Christopher Ryer, who claimed
to be a natural son. This was decided in
the Superior Court against th^ plaintiff,
and is now on appeal to the Supreme
Work Will Surely Begin on
the Valley Road by
Next Week.
Figures Will Soon Be Asked For
on the Locomotives for
the Road.
Stockton appears to be the main point of
interest to the officials of the valley road
these days and the general offices of the
company are littered with maps, proposed
rights of way and other descriptive matter
relating to the route out of that city.
P. A. Buell, who has been one of the
most ardent and effective workers in that
city who favored the road, was in this city
yesterday. He says that they are making
rapid progress with their arrangements
and that everything is progressing in good
shape. A meeting of farmers of San
Joaquin County has been called for next
Saturday, to be held in Stockton, at which
it is expected good work will be done in
the matter of securing rights of way
through the county. Mr. Buell says the
element mentioned is enthusiastically in
favor of the road.
Engineer Storey has his hands full in
preparing for the season's work.
"We are getting our outfit ready," said
he yesterday, "in the way of men, instru
ments and camping utensils, so that no
delay will be experienced when the work
actually begins. I expect we will take the
field the latter part of this week or the first
of next. We may run three or four lines
out of Stockton before we have secured a
route which suits us."
Regarding the published rumor that the
Santa Fe officials, who are now in the city,
would probably meet the officers of the
,valley road, Mr. Storey said that he did
not see what the road could do to aid the
new project outside of a little indirect as
"They are in possession of maps and pro
files of surveys out of this city and State,"
said he, "which they might offer to permit
us to use, but the only oenefit they would
be to us would probably be a saving of a
few dollars in the matter of preliminary
J. D. Spreckels and Captain Pay son are
now engaged in looking into the merits of
the different classes of locomotives manu
factured. They were appointed a commit
tee for this purpose and are now perfecting
their plans. It is the opinion of Engineer
Storey that about a 50-ton locomotive will
be used, either of the 10-wheel or mogul
"We will probably order three or four at
first," said he, "to be used in track-laying
and preliminary work. Figures will be
called for soon from the manufacturers.
Another plan under consideration is to buy
one locomotive from each of several differ
ent firms and then decide which gives the
best satisfaction."
The Local Club Reported in a Flourish
ing Couditlon.
The members of the California Camera
Club held their annual meeting on Tues
day evening. The report of the treasurer
was read and showed that in spite of large
expenditures during the past year there
remains a balance in the treasury of
$518 30. Most of the money expended dur
ing the la9t season was used for the pur
pose of beautifying and enlarging the
clubrooms, putting in new backgrounds,
erecting a studio, etc.
In his address to the members President
Charles Adams said that it must be a mat
ter of congratulation to all that, notwith
standing the wave of commercial depres
sion which swept over the country and
which affected all societies to a greater or
less degree, the clnb was in such a good
condition financially.
The retiring president thanked the mem
bers for the uniform courtesy "he had al
ways received at their hands, and said that
the desire of the officers has always been
to provide the best apparatus that could
be baa and so afford every facility for the
convenience and comfort of the club mem
bers in their photographic work.
Mr. Adams concluded his speech with a
word of thanks to the press for favors ex
tended in noting the doings of the club.
The election of officers was then pro*
ceeded with, the following being chosen:
A. G. McFarland, president; A. A. Martin,
first vice-president; 11. C. Tibbitts, second vice
president; C. F. Cormack, secretary; E. G.
Eisen, treasurer; C. 8. Close, corresponding
secretary; H. C. Owens, librarian; directors—
W. E. Goodrum, I. E. Thayer, E. J. Mott, W. B.
Some Men Evidently Inclined to Regard
It as Such.
Some time ago a well-known New York
clubman took it upon himself to assert
that the modern woman has forgotten how
to blush. This imputation was launched
at femininity in general with such bitter
ness and asperity that one might gather
therefrom that blushing ia a virtue, and
that not to blush is facultative and crim
inal. Whatever the connection between
this sudden heightening of color and inno
cence in the case of women, however, it
seems a little strange that the blush should
be considered a sign of grace by men.
Cynics have always maintained that
women can cry about anything, and at a
moment's notice, and it is indeed pretty
well known that many actresses can
squeeze out real tears at the
proper moment; but blushing is more dim
cult to acquire as an art, and it seems un
just that a woman should be supposed to
be utterly brazen because she does not turn
crimson on the slightest provocation.
Blushes, nevertheless, are evidently con
sidered ail-important by the generality of
men. For instance, to call a man an "un
blushing scoundrel" is a distinct slur on
his character, and to tell another that you
blush for him used at one time to be a
pretty common form of insult. Even now
the phrase "we blush to relate" is to be
found in our daily newspapers. The poet
Young lays it down in his "Night
Thoughts" that "the man who blushes
is not quite a h/ute," but this is open to
It is true, however, that Darwin's ob
servations determined the fact that blush
ing is confined to the human species,
though dogs certainly grin when happy
and monkeys redden in the face when
angry.— New York Tribune.
CURED BY THE GREAT HOM^EMEDY^, . , '. >■ ;v -.;
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I MRS. H. ABBOTT, 142 Seventh Street, San Francisco, Cal., speaks, in glowing, language O
the wonderful effects of the California Product, JOY'S VEGETABLE SARSAPARILLA.: . ; ; /.; \
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' • SSSmi "'-■-' ' WmMmWWPM deadly poison. Joy's Vege
GOOD HEALTH FOR ALL -^Wf^S- table Sarsspatalla robs tin
.' Ml YUM) ■ ■T^^^T" bloo of all its impurities
1T1.1.1 (11.117 1 lLiTv^' : HhhH ' '•■ "
\islSjß ■ N ' mf^s^^si| "d courses all these lmpuri
I 111 ILI •H I '"^m^^M ties throu 8 n nature's- owi
. fill S yPUPlfln P ' ' I Il» UU « • -Prop" channels/ Joy^Veg
UUJ 0 IUgUIUUIU i " ni's[ Ul % PI etable Sarsaparilla cures Dya
n ' • ... ...: '■-. 1! n^ilt nil 'i •P e P sia ' Chronic Constipation
-; VarCanQN Q - ; ii !|l «Wi,^R ; - Liv Complaints and Kidney
oai sapariiia ■; • ; na -. . . . ; ■• . r - :
buy. It contains 16 ounces < ' ! t
E • Joy's Vegetable Sarsaparilla I
of pure vegetable California P^fc--' : '-i preventB tired feelin e s ' sta s- t $$*\)
■^jjf*" -I gering sensations, palpitation I l|s9
juices, grown on your own V^i lof heart - rush of blood to the I 18^1
foothills, on your own moun- fell ears ' dimne3Sof vision > s P° ts I JjW
E^B v | before the eyes, headache, I s |k£j
" ITmS' I * ne Dowels > P a i ns in the back, I II
j ii ri'f'ti R f t^ia Ksei me^ ancn °iy< tongue coated, T |CH|
■* J ' Mvaffi ' BB foul breath, pimples on face, I | 3&vJ
. j p ._ f^ra : '" I Dody and lim b, decline of I ||^J
•^ jrvSP t I nerve force, dizzy spells, faint I IK-j
, i i i EntH f s P eII? < cold clam nay feet and I; I|L|l
I^SSI I i nsomn i a > a nd all diseases of l~ IC^3
Sarsaparilla ask your near- fjm \ the stomach, liver and kid- R3
B^nfi : *"'i nevs * Rl^fl
est neighbors and they will |V-I-P| Joy's Vegetable Sarsaparilla J iCjj
C?|Bjv j is sold by all druggists. Re- j' , |1%1
tell . yOU . Joy's is for; the - fuse a substitute.° When you
'<• . gj pay for the best, sec that you 888
jaded. It brings good health ||j|j pfell get the best - @ffig '
to all mankind. *1 ■ j^j §? v .

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