USA > Illinois > Cook County > Chicago > History of Chicago. From the earliest period to the present time > Part 128
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454
HISTORY OF CHICAGO.
ber of special policemen sworn in for the occasion, patrolled the streets for three or four days and nights until their own excitement, the alarm of the authorities and the apprehensions of non-combatants had subsided. The liquor-dealers published a card May 2, denying the allegation that the money contributed by them was de- signed to be used in resisting the laws; their purpose was to test the legality of the new license law, which was personally oppressive, and from a business point of view too restrictive of trade. The Anti-Prohibitionist, they also said, was published for a similarly broad and statesmenlike reason, to oppose an innovation unheard tof in all history. The trial begun June 15, and closed June 30, with the acquittal of all except two, who had been more clearly identified with the alleged violence to the police, or had been more feebly defended. These were Farrell and Halleman, both Irishmen, who were sentenced to one year in the penitentiary, but were granted a new trial by Recorder Wilson, July 11, on the ground of interference with the jury by the constable in charge. They were not again brought to trial, it seeming little less than a travesty of justice that in a sedition notoriously German the only victims should be two Irishmen, accidentally caught in the crowd, without any evidence of previous affiliation with the malcontents.
A CONTESTED JUDICIAL ELECTION .- By an act of the Eighteenth General Assembly in 1854 a system of Police Magistrates was established for the whole State. At the municipal election in Chicago in 1855 Police Justices were voted for without reference to the new institution. It was supposed that Messrs. Ward, Akin and King were elected by a handsome majority, having each received about three thousand votes, and beating their competitors, Stickney, Magee and Howe. A few votes were cast for police magistrates, of which Calvin De Wolf received thirty, W. H. Stickney, twelve, and Nathan Allen, twelve. These received the commission of the Governor, as having been elected in conformity with the law of 1854. Mr. Stickney, having been one of the three unsuccessful candidates on the Police-Justice ticket, resigned March 17, not wishing to profit by a mere technicality. Mr. De Wolf was a Justice of the Peace at the time, and continued to act, the second commission being mere surplusage. Mr. Allen served under the commission for the West Side. Thomas G. Prendergast was substituted for Mr. Stickney as Police Magistrate for the North Side. Mr. De Wolf discharged the same functions on the South Side. The case was afterward taken by agreement to the Su- preme Court, which decided that either title for the office was legal, as the difference in words could lead to no misunderstanding of the official station to which the people aimed to elect. Accordingly it ordered that com- missions should be issued to the three gentlemen who had received a majority of the popular vote, without . prejudice to the three already commissioned. A double supply of Police Magistrates for the remainder of the term was thus instituted.
At the State judicial election in June George Ma- nierre, an industrious and well-read member of the Chicago Bar, was chosen for the Bench of the Seventh Circuit, embracing then only the counties of Cook and Lake. He was commissioned as its Judge June 25, 1855. for six years. Cook County then had four terms of the Circuit Court annually. Two were regular or " trial " terms on the first Monday in May and the third Monday in November. Two were special or " vacation " terms on the first Mondays in March and October. With this extra provision the docket continued heavy, and Judge Manierre's extreme carefulness in weighing evidence,
while it guaranteed all possible safeguards against in- justice, did not tend to decrease the rapidly increasing business of the Chicago courts.
At an adjourned term of the United States courts, extending from October 15 to December 8, 1855, it was found that they too, in less than eight years from their introduction here, were involved in the same des- tiny as the other Chicago courts, an overloaded docket. After disposing of one hundred and fifty-three cases, there remained four hundred and one in the Circuit, and niety-eight in the District Court. Not only did the more able members of the Chicago Bar find frequent occasion to plead before these courts, but several em- inent counsel from other cities were often in attendance. Among the most distinguished of these were Abraham Lincoln, O. H. Browning, Archibald Williams, Joel Manning, B. L. Edwards, Charles Ballance, E. N. Powell, H. M. Weed, A. L. Merriam, J. K. Cooper, N. H. Purple, W. F. Brian, J. W. Drury and James Grant.
At the January term of the Recorder's Court, in 1856, thirty-four convicts were sent to the penitentiary, and court adjourned to March, when there was a short term and a similar adjournment to May 5, when the Judge charged the Grand Jury especially against lottery tickets and gambling. Toward the close of the year it is again noted that this court kept its docket well cleared, there being but a few cases civil or criminal undisposed of at the early close of the November term.
At the February term of the United States courts in 1856, two weeks were consumed in the famous case of Kingsbury es. Brainard. The lot on the northeast cor- ner of Clark and Randolph streets, where now stands the Ashland Block, had been leased to the defendant for twenty years by J. B. F. Russell, agent for the plain- tiff, at an annual rental of $2,ooo, of which half was to be actually paid and the other half retained as purchase money for the buildings, which at the end of the lease were to revert to the owner of the lot. The plaintiff brought suit, on the ground that the agent had no right to grant so unusual a lease. The jury, however, found a verdict against him, becoming satisfied that some others had declined to accept the same offer, and that the lease had virtually been ratified before the rapid in- crease in values had shown its alleged injustice.
March 21, 1856, by a rule of court, Judge Drum- mond ordered three "adjourned " terms of the United States courts in Chicago, on the first Mondays of March, May and October, in each year, in addition to the two regular terms, on the first Monday in July and the third Monday in December, previously provided by act of Congress. At the October term in 1856, it was again noted that notwithstanding these apparently abundant provisions, there was a large docket in admiralty, chan- cery and common law, as well as patent cases.
GEORGE W. MEEKER was born in Elizabethtown. N. J., about 1817. In infancy one of his lower limbs was paralyzed, rendering necessary the use of crutches for the rest of his life ; he was otherwise much above the average in manly beauty. Due attention was paid to the cultivation of his intellectual powers, and he became not only a well read lawyer, but a very thor- ough scholar, familiar with the English and French, as well as the Latin and Greek classics. He came to Chi- cago about 1837, and studied law with Spring & Goodrich until admitted to the Bar, December 16, 1839. As early as February 22, 1840, he is found in partner- ship with George Manierre, the firm having been formed about January 1. In the broader aspects of law. as well as in general information and the oversight of office work, Mr. Mecker was an efficient partner of the inde-
THE BENCH AND BAR.
455
fatigable Mr. Manierre, but by reason of his physical infirmity he never ventured to address a jury, although naturally persuasive, and winning. About 1843 he was appointed United States Commissioner, from which he derived a considerable increase to his income for about ten years. He was appointed deputy by William Pope, clerk of the United States courts, in 1850, whereupon the partnership with Manierre was dissolved. He was an active member of the Law-Library Association, and became its secretary in 1854. Early in 1855 he sur- rendered his official position in these words: " Being un- willing to aid in enforcing the provisions of the fugitive- slave law, I hereby resign the office of United States Commissioner for a long time held by me." April 2, 1856, he was found dead in his room, having retired ap- parently in his usual health the previous evening. The coroner's jury returned the verdict, " Died of cerebral and pulmonary conjestion." He was a favorite in gen- eral society, as well as with the profession ; and a meet- ing of the Bar, on the day after his death, paid a gen- erous and well deserved tribute to his memory.
In May, 1856, Judge Caton of the Supreme Court refused to grant an injunction to prevent the city of Chicago from raising the grade on Lake Street.
At a vacation term of the Circuit Court in October, Judge Manierre found on the docket of. Cook County no less than one thousand three hundred and sixty-eight common-law, and two hundred and sixty-eight chancery cases.
POLICE COURT .- By an act of February 16, 1857, amendatory of the act of February 14, 1851, by which such courts first received State institution, among other changes, and emendations in various lines of municipal government police court legislation was more fully and carefully elaborated, the chief new features being as follows: " After the next municipal election, the Com- mon Council of said city shall designate the two or more Justices of the Peace, now provided for under the act to which this is an amendment. * * for one year; * * one of them shall hold a session of said Police Court daily (Sundays excepted), at the city hall. * * The said justices may be compensated by a salary, to be fixed by the Common Council, to do the business of said Police Court, in lieu of all other compensation or fees what- ever. There shall be elected by the people at the next municipal election, and biennially thereafter one police court clerk. * * He shall have a xfied salary, * * may appoint deputies. The Common Council, if it think proper, may by ordinance provide for the appoint- ment of a prosecuting attorney for said Police Court. * * Appeals and change of venue may be taken from the Police Justices in all cases, the same as before other Justices of the Peace; but all such appeals shall here- after be taken to the Recorder's Court of the City of Chicago."
PATRICK BALLINGALL, by birth a Scotchman, came to America while a young man, about the year 1833, and made his appearance in Chicago in that year, as in 1 848 he incidentally claimed a residence of fifteen years. He, however, attracted no attention that is now traceable until February 13. 1835, when he is found on record as a disputant before the Athenaeum of that day. Of limited education, and no influence. notwithstanding his lofty aspirations, he first filled the modest position of bar-keeper. In 1836 he entered the law office of Spring & Goodrich as a student, remaining about two years, when he removed to Du Page County, where he is lound filling several offices in 1839. lle was chosen clerk of the Commissioners' Court, and appointed clerk of the Circuit Court by Judge Smith. He was elected secre-
tary of the Settlers' Society for Mutual Protection, Octo- ber 28, 1839, which he resigned the ensuing spring. As a lawyer his name does not appear on the list of the Supreme Court until March 30, 1841, and he does not appear to have actively engaged in the practice of law until after the resignation of Judge Smith, December 26, 1842, when both established a law firm in Chicago. In 1845 Smith & Ballingall became Thomas & Ballin- gall, Judge Jesse B. Thomas taking the place of his deceased father-in-law, Judge Theophilus W. Smith. In that year too Mr. Ballingall became Prosecuting Attorney, and as such served with distinguished credit for many years, eliciting a very flattering published in- dorsement from Judge Dickey, March 4, 1848. In 1847 he was one of the Cook County delegates to the State · Constitutional Convention at Springfield. About 1848 he formed a partnership with Daniel McIlroy, but from 1850 to his death in 1858 he practised alone. He was chosen City Attorney in 1854, but was beaten in 1855 by his "Know-Nothing" competitor. His wife survived him, and there were no children. His early opportu- nities were not good, but he was naturally smart and quick, and grew to be a fairly effective lawyer within a rather narrow range, which was mainly. that of a suc- cessful public prosecutor. Like several of his con- temporaries he was too convivial in his habits, but un- like some he generally remained master of himself.
An alphabetical list of lawyers who practiced in Chicago at the close of 1857 is here given:
Abbott, Abial R.
Adams, Francis
Akin, Andrew
Cameron, Charles S.
Allen, Nathan
Cameron, William R.
Anderson, Jonathan R.
Carpenter, Richard B.
Andrick, Louis M.
Anthony, Elliott
Caulfield, Bernard G.
Arnold, Isaac N.
Chester, Augustin
Asay, Edward G.
Claflin, Isaac
Ashton, Samuel
Clapp, James
Ayer, Benjamin F.
Clark, Henry A.
Bacon, Edward
Clarke, George R.
Bacon, William P.
Clarke, Henry W.
Bailey, George F.
Clarkson, Joseph P.
Baker, Samuel L.
Baldwin, George W.
Clements, John F. Clowry, Thomas
Ballingall, Patrick
Coborn, Edwin
Barker, Joseph N.
Conde, 11. Clay
Cone, George W. I.
Barron, William T.
Cone, John E.
Bass, Perkins
Conklin, Oliver M.
Beattie. David C.
Coolidge, Charles M.
Cornell, Paul
Coventry, Alex C.
Crocker, George F.
Cuthbertson, John S. B.
Beveridge. John L.
Daniel, Elias
Dannenhower, William W.
Davenport, Gideon W.
Blackburn, Breckenridge F.
Davis, Hasbrouck D.
Blackwell, Robert S.
Davis, Lewis II.
Blodgett, Henry W.
Davis, William H.
Dent, Thomas
Brackett, William
DePfuhl. Francis
Bradley, Benjamin F.
Dewey, Edward M.
Bradley, William It.
DeWolf, Calvin
Bradwell, James B.
DeWolf, William F
Dexter, Wirt Dickey, Hugh T. Dickey, T. Lyle Dietze, Maurice
Brown, Andrew I.
Brown, J. Douglass
Iloggett, Theophilus MI.
Brown, Moses D.
l'olittle, Louis A. .
Brown, Thomas B.
Douglass, John M.
Dow, Samuel K.
Drummond, Thomas
Drummond, William W
Ilunning, seth M.
Eastman, David L.
.
.
Cassin, William D.
Arrington, Alfred W.
Chickering, Jobn W.
Barnard, Daniel E.
Beck, Romeyn T.
Beckwith, Corydon
Bell, Jo. W.
Bentley, Cyrus
Bingham, LaFayette
Bishop, Henry W.
Brayman, Mason Brizve, George W. Bross, John .1.
Brown, William II.
Bryan, Thomas B.
Buell, Tra W.
Burgess, William T. Burnham, B. F.
Lond, Lester L.
Burnham, Dyer N. Cadman, William S.
---
456
HISTORY OF CHICAGO.
Eddy, James W. Eldridge, Hamilton N. Ely, George Ennis, James Enos, Alanson W.
Howell, Nathaniel W.
Merrick, Richard T.
Spencer, Champlin H.
Hoyne, Thomas
Miller, Henry G.
Hoyne, Philip A.
Miller, John C.
Horst, James T.
Monroe, Henry S.
Hudson, Henry S.
Morgan, James
Hughes, George R. H.
Morris, Buckner S.
Hull, Charles J.
Huntington, Alonzo
Huntington, John M.
Hurd, Harvey B.
Mulligan, James A.
Nelson, Frederick J.
Newcomb, George W.
Nicholes, Daniel C.
Nicholes, Ira J.
Thacher, Salvin O.
Jenks, Chancellor L.
Fuller, Melville W.
Jenks, William M.
Fuller, Samuel W.
Jewett, John N.
Johnson, Enos, Jr.
Johnson, George A.
Ogden, William B.
Olinger, John P.
Thompson. J. Howland
Gibbons, John T. Gilbert, Sanınel M. Gilbert, Turney S. Goodrich, Grant
Kales, Francis H.
Kerney, Robert M.
Kedzie, John H.
Keeney, J. P.
Parsons, Myron C.
Tuley, Murray F.
Griffith, Robert E. Groves, James P.
Groves, William A.
Guthrie, Samuel
Hall, Charles J. Hall, William H. Hall, Winchester
JIallett, Moses
Hamilton, Richard J.
Hamilton, Theodore B. Handley, Daniel R. Harrison, Carter H. Harrison, Nathan B.
Harvey, Andrew Haven, Carlos
Hawkins, Olney
Hawley, Cyrus M. Hawley, Uriah R.
Hayes, Samuel S.
Helm, Henry T.
Hennessy, Michael D.
McKindley, William
Seaton, Sidney A.
Webster, Franklin Weihe, Augustus
Herbert, George Herrisse, Henry Hervey, Robert
Herrington, Augustus M. Higgins, VanHollis
Hill, James M.
Hitchcock, Charles
Hoffman, Francis A.
Hogan, Michael W.
Marshall, Thomas F.
Smith, Charles F.
Smith, Edward W.
Willson, Solomon M.
Wilson, Robert S. Windett, Arthur W.
Winslow, Robert F.
Winston, Frederick H.
Wolcott, Allen E.
Woodbridge, John, Jr. Wright, Edward.
Forsythe, John Freer, Lemuel C. P. Foster, William N.
James, Benjamin F. Jameson, John A.
Nisseu, Lawrence J. J.
Noyes, George D. O'Meara, Daviel W.
O'Sullivan. James J.
Thomas, Joshua
Fullerton, Alexander N. Gallup, Benjamin E. Garrison, Andrew Gary, Joseph E.
Jones, Cyrus R. Jones, Lavant L.
Owen, Franklin D.
Paddock, Hobart G.
Page, Henry F.
Tracy, Elisha W.
Tree, Lambert
Goodwin, George P.
Graot, Lewis E.
Kelly, Henry C.
Payson, George
Kerr, John S.
Peabody, Francis B.
King, John Lyle
King, William H.
Kinsella, Thomas J.
Knott, Elam L.
Kreisman, Herman
Lane, James .
Larned, Edwin C.
Lathrop, Frederick M.
Lay, George W.
Lee, David S.
LeMoyne, John V.
Roberts, James H.
Root, James P.
Rorke, Michael A.
Lull, Oliver R. W.
Rucker, Henry L.
McAlister, William K.
Runyon, Eben F.
Scammon, Jonathan Young
Scates, Walter B.
Scott, Ira
Wanghop, John W.
McIlroy, Daniel
Scoville, George
Sedgwick, George
Westcott, Josiah W.
Madge, Frederick
Seelye, Henry E.
Wheeler, TrumanH.
Magill, John W.
Sheldon, Edwin H.
White, Hugh A.
Wilcox, Horatio N.
Sherman, Penoyer L.
Wilder, David P.
Shirley, Thomas
Wilkinson, Lorenzo D.
Shumway, Horatio G.
Williams, Erastus S.
Skinner, Mark
Willits, Elias Wills, John A.
- Hoge, Thomas
Hooke, Enoch G. Hooper, Ezekiel R. Hopkins, William Hosmer, Charles B. Howe, Francis S. Howe, Frederick A.
Mattocks, Willliam May, Allen Meech, George A.
Menager, Edward S.
Snowhook, William B. Snyder, Henry N. Spafford, Horatio G.
Stebbins, Horace R. Steele, Henry T.
Stevens, Hezekiah B. Stewart, William Wallace Stickney, William H. Stiles, Baxter B.
Fitch, Henry S. Ford, Francis
Ingalls, George A.
Irvin, Samuel A.
Strother, Bolton F. Summerfield, John Taft, Levi B. Taylor, T. Benton
Thomas, Benjamin M.
Thomas, Charles 1 ..
Thomas, Jesse B.
Thompson, George W.
Thompson, John A.
Judd, Norman B.
Towne, Edward P.
Trabne, William C.
Page, Joel S.
Parker, Jonathan Mason
Peck, Charles F.
Van Buren, James
Peck, Ebenezer
Van Buren, Thomas G.
Peck, John H.
Vaughan, James B,
Perry, Sanford B.
Phelps, Pallas
Porter, William A.
Rae, Robert
Rice, Rufus A
Walker, Edwin R.
Rich, Arthur D.
Walker, James M.
Walker, Lysander
Wall, Septimus T.
Wallace, Martin R. M.
McCagg, Ezra B.
McGibbon, David
McGilvra, John J.
McMurray, Francis
Manchester, Peter B.
Sherman, Benjamin F.
Manchester, D. W.
Manchester, M. S.
Manierre, George Marsh, Joshua L.
Martin, Edward Mason, John Mather, Hiram F.
Smith, Ezekiel S. Smith, Sidney
Smith, William R.
Spencer, William H. Stanford, George W.
Everett, John S. Farnsworth, John F. Farwell, William W. Felker, Samuel M. Felker, William S. Ferguson, Daniel C.
Moulton, J. Tilden
Mueller, Adolph F. C:
Mulvey, Junius
Hyatt, Levinus H.
Ogden, Mahlon D.
Tucker, William H.
Turner, Voluntin C.
Van Buren, Augustus
Pearson, George T.
Van Buren, Evert
Vernon, Samuel B.
Von Soden, Charles
Voorhees, Abraham Voss, Arno
Lewis, Hiram L. Lloyd, James
Waller, Henry Ward, Ephraim
Ward, Jasper D.
Ware, Joseph A.
MEDICAL HISTORY.
In the following account of the medical practitioners of early Chicago, no attempt has been made to discrimi- nate between those who were duly qualified physicians and those whose claim to the title was empirical. The fact that an individual represented himself, by announce- ment or advertisement, as prepared to heal diseases, has been accepted as prima facie evidence of his hav- ing some claim to enrollment among the followers of Galen or Æsculapius.
The earliest authentic account of the existence of a disciple of the medical profession is found in a muster roll of Capt. Nathan Heald's company of the First Infantry,* for the two months from November 30, 1810, to December 31, 1810, wherein appears the name of
John Cooper, surgeon's mate, appointed June 13, 1808; on duty at Fort Dearborn, December 31, 1810; the mus- ter roll being certified to by Phillip O'Strander, Lieuten: ant commanding the company, and John Cooper.
Dr. Cooper was succeeded by Dr. Isaac Van Voor- his, one of the slain in the massacre of 1812, of whom the following account is given in the various works referred to :
Dr. Isaac Van Voorhis, born February 22, 1790 ; killed at the massacre at Fort Dearborn, August 15, IS12; unmarried. t
The following extract is from the " Field-Book of the War of 1812," by Benson J. Lossing: "In the spring of 1812 the garrison at Fort Dearborn was com- manded hy Captain Nathan Heald, assisted by Lieuten- ant Linai T. Helm and Ensign George Ronan. The surgeon was Dr. Van Voorhis. The garrison consisted of fifty-four men. The massacre of Fort Dearborn, or Chicago, took place August 15, 1812. In this terrible tragedy in the wilderness, fifty-five years ago, twelve children, all the masculine citizens except Mr. Kenzie and his sons, Captain Wells, Ensign Ronan, Surgeon Van Voorhis, and twenty-six private soldiers, were murdered. Dr. Cooper, of Poughkeepsie, N. Y., was the immediate predecessor of Dr. Van Voorhis at Fort Dearborn. They were natives of the same town, Fish- kill, Duchess County, and were class-mates. Van Voor- his was a young man of great powers. Dr. Cooper left the fort in 1811, tendered his resignation and left the army."
In an obituary notice published in the Political Index, November 17, 1812, at Newburg, Orange Co., N. Y., is the following : k * * " Among the slain was Dr. Isaac Van Voorhis, of Fishkill, surgeon in the army. He was a young man of great merit, and received his early education at the academy in this village. He possessed an enterprising and cultivated mind, and was ardent in the support of the interest and honor of his country."
After the life of Dr. Van Voorhis had been sacri- ficed for his country, the services of a surgeon were needed to extract a ball from the arm of Mrs. Nathan Heald, and Mr. Kinzie requested an Indian chicf, who
* Ført Dearborn, Third Paper, by Hon. John Wentworth, Fergus Histor- ical series ; compiled from recordis in the War Department, Washington, D. C. + From " Aides on the ancestry of Major William Roe Van Voorhis," in possession of the Chicago Historical Society.
was reputed to be a medicine man, to perform the opera- tion ; but he declined, stating that qualms in the cardiac region precluded the exercise of his surgical skill. Mr. Kinzie then performed the operation, using his pen-knife for the purpose ; thus identifying the Kinzie family with the surgical profession, in addition to the various other occurrences whereby this family are so intimately con- nected with the events that transpired in the history of Chicago, and placing John Kinzie on record as the operator in the first surgical operation in Chicago. Another amateur is stated to have been Monsieur du Pin, a trader, whose pharmaceutical and pathological knowledge was exercised to ameliorate the sickness of the captives in the hands of the Indians.
·
The next gentleman who was a member of the med- ical profession in Chicago was .Dr. Alexander Wolcott, who was born February 14, 1790, at Windsor, Conn., being the son of the second Alexander and Frances Burbank Wolcott, and graduated at Yale College, in 1809 .* He was appointed surgeon's, mate March 25, 1812,t and is designated in Schoolcraft's "American Lakes " (pp. 77 and 389) as having accompanied General Cass and Henry Schoolcraft in their voyages from May 26 to August 31, 1820; the services rendered by Dr. Wolcott being the subject of unstinted enlogium. Dr. Wolcott was the Indian Agent at Fort Dearborn in 1820, he having advanced in that year, in his official capacity, $4,258.59₺ and in the year 1821 $722.145 and "between the first of January and the 31st of August, 1822, there was employed by the superintendent of Indian trade, at Chicago, Alexander Wolcott, at $108.33 per month."il Dr. Wolcott married Ellen Marion Kinzie, the daughter of John Kinzie, as appears by the record in Lewiston, Fulton Co., Ill., "by John Hamlin, J. P., July 20, 1823, Alexander Wolcott and Ellen Marion Kinzie." The lady was born in 1805, being the first white child born in Chicago, the place of her birth being the home of John and Eleanor Kinzie on the North Side. Dr. Wol- cott retained the position of Indian Agent until his death, in 1830, receiving, in 1826, the salary of $1,300 per annum, as appears by the official register of the United States for that year. After his death his widow married Hon. George C. Bates, of Salt Lake City.
During the residence of Dr. Wolcott, there was another medical practitioner at Fort Dearborn; Assistant Surgeon Thomas P. Hall, who is designated in the Army Register for 1823 as on duty at Chicago, and in the Register for the ensuing year as at New York Har- bor.
From records in the War Department, a syllabus of which appears in Hon. John Wentworth's "Fort Dear- born," C. A. Finley is stated to have been assistant surgeon at the fort from October 3, 182S, until Decem- ber 14, 1830 ; and the authority for his presence in that capacity appears to have been the following order :
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