USA > Michigan > St Clair County > History of the St. Clair County, Michigan, containing an account of its settlement, growth, development and resources.. > Part 62
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April session of 1525 was advertised to open April 21. 1525; but neither the Judge hor Circuit Court Clerk being present, Deputy Clerk James Fulton adjourned the court. On the 22d this action was repeated: however. on the 230. Hon. Henry Chipman, Judge of the Terri- torial Supreme Court, arrived, and Henry Cottrell, the Sheriff. announced the fact of the court being in session. The attorneys prosent were A. D. Frazer, B. F. H. Witheroll. The latter was ordered to be paid $25 for his services as Prosecuting Attorney during the session.
A motion for a new trial in the case of the United States vs. Elliott was made by Alexan- der D. Fraser, on the grounds that there was no evidence before the jury who tried the case the previous day (April 21, 1525); that the assault and battery, charged in the indictment, as being committed on Morgan, was so committed within the County of St. Clair. Second, that the Judge did not charge the jury, as was prayed for by defendant's counsel, that the offense should be proved, on trial. to have been committed in this county. in order to justify the jury in the conviction of the defendant. and third. that there were only two witnesses on the trial of the case: that they contradicted one another and that there was no credible testimony produced. A new trial was granted. In the case of the assault on Andrew Westbrook by the eccentric George MeDougall. a plea of not guilty was entered. and the trial continued. John Knapp was sentenced to fourteen days imprisonment in the county jail, and to pay the costs of the prosecution.
The October session of 1525 was presided over by Judges William Woodbridge and Henry Chipman, both of the Territorial Supreme Court. B. F. H. Withorell. District Attorney, was not present, but the court appointed C. W. Ewing Prosecuting Attorney for the term. On the renires being returned. it was fomed that the persons summoned were not legal grand jurors. on account of an impropriety in the summons, and so they were discharged. The cases before the court were: United States y. Chortier, same v. L. Beanbien. same v. Gilbert Elliott. same v. George Me Dougall. same v. John Squires, same v. L. Austin. Palmer v. Sansburry. Cham berlain v. Cottrell. Joseph Campan v. Anselme Petit. Thomas S. Knapp v. Edward Hopkins and Martin Perkins. A. Westbrook v. Henry Saunders, fl. Saunders v. A. Westbrook. Ed Hop kins v. L. Facer Hopkins died before meeting of conrt). James B. Woolverton v. H. Saunders. Iliram Mann v. Horace Jerome. H. Chamberlain s. H. Jerome. R. MeDonald s. Friend Palmer and Thomas Palmer. R. McDonald v. Ansel Frost; all cases continued. There were a fow other cases disposed of before the close of the session. October 21. IS.
The October session of 1529 was characterized by its desire to dispose of all the old cases continued from session to session for the previous seven years. The Presiding Judges were Solomon Sibley and Henry Chipman.
The term of 1530 began October 19, 1980, with William Woodbridge and Solomon Sibley, Judges. A number of assault and battery cases, including the Gilbert Elliott case, were dis. posed of.
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HISTORY OF ST. CLAIR COUNTY.
The record of the session of 1831 is limited. In October, 1832, the first female plaintiff came into court before Judges Ross Wilkins and Solomon Sibley. Her cause was entered pre maturely. as there was no intention on the part of the defendant to break his promise to marry. When the case was called. the conciliating fact was announced, that the action was abated by the marriage of the plaintiff. The entire proceedings in this case were as summary as they were rapid.
A petition was presented to the Judges of the County Court November 11, 1830. asking that Hosea Powers be appointed Surveyor of St. Clair County. The document was signed by E. Beardsley, Jeremiah Herrington, John Kennedy. Z. W. Bunce, D. B. Herrington, Reuben Dodge. John B. Desnoyers, P. W. Whiting. Louis Facer. H. Chamberlin, Ira Porter. Horatio James. William Cos, Samuel Baker, Thomas C. Fay, Daniel Stewart, Samuel F. Hopkins, James Byrne, Robert Hogge. Israel Carleton, Edmund Carleton, Samuel Carleton, Z. Burnham, Peter Carleton. Benjamin Bissell, Charles Phillips. James Fulton and Isaac Pulsifer. The prayer of the petitioners was granted by John K. Smith, C. J., and Louis T. Brakeman, Associate Justice, November 20, 1830, and Hosea Powers became Surveyor of St. Clair.
The first record of admission to the bar of St. Clair County is given under date October 18. 1832, when George A. O'Keefe moved the admission of Hosea Powers. Judges Ross Wil- kins and Sibley appointed B. F. H. Witherell, A. D. Fraser and Daniel Goodwin a committee to examine Powers, which examination being reported, he was admitted an attorney and counselor at law, October 19, 1832. The heaviest sentence delivered by the court since its establishment in St. Clair County, was that against Jacob Spurbank October 19, 1832, who was condemned to three years hard labor in the county jail, and costs of prosecution.
The lawyers practicing in the St Clair County Circuit Courts from 1827 to 1832, were O'Keefe, Frazer, Witheroll. Goodwin. Whipple and Powers. The Judges were Sibley, Chip- man, Woodbridge and Wilkins. Bunce, Fulton, J. K. Smith, Ward and Oakes were the old County Judges.
ROLL OF ATTORNEYS.
In the foregoing pages, meution is made of the lawyers admitted to the bar of St. Clair County previons to 1833. Here the names of those admitted since 1843 are recorded.
Bethuel C. Farrand, born at Aurelius, Cayuga Co., N. Y .. aged twenty-three years at dato of admission to bar in 1843.
Edward W. Harris, born at Bradford. Orange Co., N. Y., admitted to bar in 1854, at the age of twenty-three years.
Nahum E. Thomas, born at Perry, Wyoming Co., N. Y., was admitted to bar in Ohio in 186S. and in Michigan in 1870.
De Witt C. Walker, admitted to bar at MIt. Clemens, Mich., in 1839, at the age of twenty- three years.
William T. Mitchell, elected Circuit Judge.
True P. Tucker.
John J. Falkenburg, admitted to St. Clair bar in May. 1846.
Joseph T. Copeland. Justice of Supreme Court 1852-57.
William Grace, admitted to bar of St. Clair in March, 1847.
Volney A. Ripley, admitted to bar in March. 1849.
John Devine, Lexington, admitted an attorney in September, 1849. Omar D. Conger, Lexington, admitted member of St. Clair bar in March, 1852.
William L. Bancroft, admitted in March, 1852.
Smith Falkenbury, St. Clair, was admitted in 1852.
Marcus H. Miles, St. Clair, was admitted in 1852.
Cyrus Miles, Port Huron, was admitted in September. 1852.
Augustus Van Buren, St. Clair, was admitted in 1853.
H. P. Vroman, Port Huron, admitted an attorney before Supreme Court in February, 1853. Samuel D. Sibbitt, St. Clair, admitted in April. ES5 1.
John S. Crollin, Port Huron. admitted in June, 1855.
Anson E. Chadwick, Port Huron, was admitted an attorney in June, 1855.
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HISTORY OF ST. CLAIR COUNTY
Martin Ferris, St. Clair, admitted June, ISão.
Joseph F. Merrill, St. Clair, admitted August, IS56. Lester Cross, St. Clair, admitted August. 1856. Harvey MeAlpin. Port Huron, admitted November, 1556. George W. Wilson, St. Clair, admitted November, 1556
Samuel Jamieson, was admitted an attorneyy at law in May, 1855. Tubal C. Owen. St. Clair, admitted in November. 1855.
O'Brien J. Atkinson, Port Huron, admitted before Wayne County Criminal Court in June, 1561.
Hazzard P. Wands. St. Clair, admitted November, ISTS.
John Atkinson, Port Huron and Detroit, admitted before Supreme Court in 1563, graduated from Law Department Michigan University in 1862.
Charles F. Harrington, Port Huron, was admitted at Detroit in 1863.
H. G. Robbins, was admitted in September, 1564.
Henry Hart, St. Clair, admitted in April. 1865.
I. Ward Hill, St. Clair, was admitted at Detroit in April. 1965. Thompson J. Hudson. Port Huron, admitted November, IS65. Albert J. Chapman. St. Clair, admitted September, 1867.
Herman W. Stevens. Port Huron, admitted May. IS6S.
Elected Circuit Judge.
Edwin T. Solis. St. Clair, admitted September, 1868.
Jabez B. Waldron, St. Clair, admitted April. IS69.
Valentine A. Saph, Marine City. admitted April, 1869.
William F. Atkinson, Port Huron, admitted in May, 1871.
Frank Whipple. Port Huron, in May, 1871.
James 1. Parsons, in May. IS71.
Alexander R. Avery. Grant, admitted December, 1871.
Frank P. O'Dea. admitted in May. IST1.
George A. Waterbury, admitted in March, 1872.
Thomas H. Wallace. Port Huron, admitted in May, 1872.
John Donnelly. Detroit, admitted in May, 1872.
James J. Barry, admitted in October, 1872.
Del. C. Huntoon, born at Marino City, was admitted in June, 1574.
James J. Atkinson. Port Huron, was admitted in September, IST4.
James L. Coe. was admitted in September, 1571.
Elliott G. Stevenson. Port Huron, admitted September, 1574.
Peter N. Packard, admitted 1575.
Charles F. Baird, St. Clair City, was admitted in April, IST5.
Joseph W. Avery. Grant, was admitted in May. 1876.
William D. Waight, Port Huron, admitted in May. 1876.
Michael Stapleton, admitted at Mt. Clemens, in January, 1573. deceased. William Potter.
Charles K. Dodge, Port Huron, admitted at Houghton. September, 1575 Charles R. Brown.
George P. Voorheis, Port Huron, admitted at Lansing in April. 1871.
Albert MeCall, Columbus, was admitted in March, 1876.
William M. Cline, admitted at Sanilae in !575.
L. C. Sperry, Memphis.
Milo E. Marsh. Port Huron. admitted at Ann Arbor, May 1. 1572.
Byron Burch, born at Nilestown, Ont .. was admitted an attorney in September, 1876. William H. Carleton, born in China Township, was admitted an attorney in 1876.
Charles Pierce Gilchrist born at Marine City, was admitted before Washtenaw Circuit Court March 26. 1577.
Frank J. Devlin, born at St. Catherines. Ont .. was admitted an attorney June 7, 1577. Lewis D. Wilson, born at Massillon, Ohio, was admitted an attorney July 7, 1877.
408
HISTORY OF ST. CLAIR COUNTY.
William J. Miller, born at Paris, Stark Co., Ohio, was admitted to the St. Clair County bar April 6, 1878.
Albert A. Carleton, born at Stillwater, Saratoga Co., N. Y., was admitted an attorney Oc- tober 21. 1878.
Moses F. Carleton, born at North Haverhill. Grafton Co., N. H., was admitted to bar De- cember 21, 1878.
Samuel W. Vance, born at Williamsburg, Durham Co., Ont., was admitted March 25, 187S.
Michael H. Mugan, born in Denham Township. Oxford Co., Ont., was admitted to bar March 15, 1879.
John B. Mellvaine, born in Metcalf Township, M. Sex Co., Ont., was admitted to St. Clair County bar. March 15, 1879.
P. H. Phillips, of the firm of Atkinson, Stephenson & Phillips, was admitted in 1879.
P. A. Hurd, a native of Vermont, was admitted March 29, 1879.
William L. Jenks, born in St. Clair County, was admitted to bar October 1, 1879.
C. P. Conger, born at Port Huron, was admitted an attorney at law. at Washington, June 30, 1879.
Hiram Kimball, a native of West Randolph, Vt .. was admitted June 26. ISSO.
John M. Kane, born at Marine City, was admitted to bar December 24, 1SS0.
Thomas Wellman, a native of Port Huron, was admitted December 24, ISSO.
Jerry W. Jenks, born at Port Huron, was admitted March 19, 1881.
Arthur L. Sleeper, a native of Pontiac, was admitted February 13, 1882.
R. Harnden, born in New York State, was admitted July 14. 1879.
Oliver A. Ivers, born in St. Clair Township, was admitted October 2, 1880.
TRIAL OF ABBOTT FOR THE MURDER OF YOUNG.
A special sitting of the court was held at St. Clair, July 27, 1829, in conformity with an order of the Judges of the Supreme Court, dated July 13, 1829, granted on application of B. F. H. Witherell, District Attorney, to inquire into a murder said to have been perpetrated by two soldiers of the United States Army, then confined in the county jail. The Judges presid- ing were William Woodbridge and Solomon Sibley. The jury sworn comprised L. J. Brake- man. Jacob Peer, Jerry Marks, William Brown. George Palmer, Daniel Stewart, O. Record, James Robertson, D. Robertson, George Cottrell, Thomas Dait, Jacob Harson. Joseph Mini, Ant. Chortier, D. Cottrell. The witnesses summoned were E. P. Gardner, Harvey Henderson, William Hendricks, Silas Johnson, Allan Bills, Hugh McElroy, John Carlin, Hiram Owens, Ed Fletcher, John Clark, Jonathan Burtch, James Harrison, Andrew Lawrence, T. S. Starr and James Garrison in behalf of the United States. Dr. Zina Pitcher was summoned as witness in behalf of Thomas Abbott, one of the prisoners.
On July 28. George A. O'Keefe was appointed Prosecuting Attorney in this case, vice the absent Witherell. The indictment against Thomas Abbott, charging him with killing William Young, of Fort Gratiot, was read on July 20, to which Abbott pleaded not guilty. A motion by O'Keefe to continue the cause was set aside, and a petit jury sworn to try the case. The members of this jury were John Miller, Asel Abel, James H. Cook, Isaac Pulsifer, John Doran, James Hall, Samuel Ward, I. A. Pomeroy, John Yale, David Oakes. Ph. Wright and Charles Chortier. The prisoner challenged Clark Warden and John Thorn, who were set aside. The witnesses for the prosecution were then sworn, the jury placed in charge of Constables, and the court adjourned until the 30th. The jury heard the evidence and arguments on the 30th, and retiring in charge of Reuben Hamilton, found a verdict of not guilty, when Abbott was dis- charged.
TRIAL OF COLLINS FOR THE MURDER OF WORTHY.
The prisoner, William Collins, was then placed on trial for the murder of John Worthy, a soldier of the garrison of Fort Gratiot. He pleaded not guilty. The jurors were Jean Bte. Desnoyer, Isaac Pulsifer, John Miller, Frank Duchesne. D. Oakes, John Thorn, Joseph Buck- ley, Ph. Wright; Samuel Ward, Charles Chortier, John Doran and John Yale. Clark Warden and Reuben Dodge were challenged by the prisoner, and set aside. The witnesses for the Unit-
HISTORY OF ST. CLAIR COUNTY
ed States were Earl P. Gardner. William Hendricks, Hugh MeElroy, Allan Bills. H. Owens. John Norman. -- Purdy, Sergi. John Clark and David Campbell. The jury having heard the evidence, retired in charge of Reuben Hamilton. On Friday, July 31. 1529, the jury re turned the following verdict: " We find the prisoner at the bar. William Collins, not guilty of murder in the manner and form as charged in the indictment, but we do find him guilty of manslaughter." Collins was sentenced to eighteen months imprisonment in St. Clair County dail, and to pay the costs of the prosecution.
JUDGES OF THE CIRCUIT.
Among the Territorial Judges who presided over the courts of this circuit wore Wood- ward. Sibley, Woodbridge, Chipman, Wilkins. In later days. Judges Morell, Green. Dewey. Mitchell and Harris presided, the election of whom is referred to in the political history.
Sanford M. Green, formerly Judge of the St. Clair County Firenit Court, was born at Grafton. Rensselaer Co., N. Y., May 30. 1807. In 1557. he came to Michigan, and located lands where is now the village of Owosso. On the resignation of fudge Ransom in ISIS, and the transfer of Judge Whipple, Mr. Green was appointed Circuit Judge of the Fourth Circuit. He resigned this position in 1867. In June. 1572. he was appointed Judge of the Eighteenth Cirenit, to fill vacancy. In 1860. he published a hand book on the practice of the Cirenit Courts, and took an active part in the revision of the statutes of Michigan. He also pub. lished a work on the highway laws of Michigan.
Edward W. Harris, born May 1, 1531. at Bradford. Orange Co .. Vt. In 1837, he came to Michigan with his parents, who settled at Rochester, Oakland County. In due time, he attended the academy for several years. In 1854, he graduated at the State and National Law School at Poughkeepsie, N. Y .. and in December of that year located at Port Huron. In IS55, he formed a partnership with O. D. Conger. In 1862, he was appointed Judge of Probate of St. Clair County, in place of Maj. Searrett, resigned. In 1866, he was elected prosecuting attorney. In IS6S, he was elected Judge of Probato, serving until 15.2. In 1973, he was appointed Judgo of the Sixteenth Cirenit. in place of Judge Mitchell, resigned, and in 1575 was elected to the same place without opposition.
A meeting of the bar of St. Clair County was held December 31. ISSI. to take action in the matter of the retirement of Circuit Judge E. W. Harris, and the welcome to the incoming Judge. H. W. Stevens. Judge Mitchell presided. The lawyers O'Brien J. Atkinson. B. C. Farrand and George P. Voorheis were appointed a Committee on Resolutions. Messrs. Atkin- son, Chadwick. A. R. Avery. F. Whipple and Judge Mitchell delivered addresses.
REMINISCENCES OF THE BAR.
From the days of Counselors O'Keefe, O'Flynn and Wetherell to the present. the members of the legal circle of St. Clair have enjoyed a very fair fame, not only for ability, but also for the amount of merriment concentrated fun which has been at their disposal and liable to break forth at any moment and under any circumstance. The earnest drollery of the O'Keefe was balanced held in check as it were by the light souled Wetherell and other young circuit lawyers of that day. Many of the doings of those pioneer lawyers have been referred to in the history of pioneer times: have even found mention in church history. Here it will be only necessary to review some of the savings and doings of a few of these lawyers who were at the head of the St. Clair bar, while yet the legal circle of the county was unencumbered by the number of members from within, or the number of clients from without This in itself is a matter of such interest that the work of writing or compiling such a sketch was undertaken and accomplished by a well known lawyer of Detroit, who, in earlier years, was a member of the St. Clair County Bar, and from his paper the following is extracted: "The resignation of Judge Mitchell of Port Huron and his return to his practice recalls many incidents in the his- tory of the Bar of St. Clair County We first became acquainted with that bar in 1957. .At that time it was at its zenith, and Andge Mitchell was at its head. Others were more brill ant and far more happy in their manner, but none had his power and hidden resources.
"He was then, as he has continued to be since, a man of peculiar habits. Those who knew
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HISTORY OF ST. CLAIR COUNTY.
him little supposed him to lack industry and research. But they were mistaken. If he loitered while others worked, he worked while others slept; and few men brought to the trial of a case more actual work. As a speaker he lacket eloquence, but pressed his points forward in such an awkward way that it was very hard to turn them. He was in body as in mind. We recollect his coming into the gymnasium when a certain prominent hotel keeper, who prided himself on his knowledge of boxing, had the gloves on and was trying to get some one to act as victim to his scientific pummeling. 'Come and put on the gloves, Mitchell.' said he. The invitation was accepted, and the consequence was that an awkward blow from some direction unknown to the ring knocked Mr. Hotel Keeper down. He got up, and like Lincoln in his wrestling match when thrown, manfully declined to continue the struggle with any such awk- ward devil as that.' Just so in his cases. The blow came from strange quarters and at strange times, but it fell with a giant's power, and usually ernshed his antagonist. And yet it must not be understood that Judge Mitchell is either awkward in mind or body. Indeed, there are few finer looking gentlemen. And coukl he get rid of something like sensitive bashful- ness, few could appear so well.
" His partner at the time we speak of was Harvey McAlpin, who died some years later by his own hand. Poor Harvey! The years that have passed since his untimely death have only added to the deep regrets it cansed. He was a finished scholar, and an elegant and eloquent speaker. a brilliant conversationalist. a rare wit and an honest man. He had been but three years at the bar when he came to Port Huron in 1856 and stepped into the front ranks, where he more than held his own. He was attacked pretty sharply at first, but severely let alone after the first encounter. It was understood to be dangerous business to play with him. True P. Tucker
was still in practice, though dissipation had deprived him of the great abilities he once pos. sessed. His greatness rested in tradition, and only gave flickering evidences of its existence. Gen. Cass once pronounced him the most promising young man in Michigan. and we donbt not the estimate was just. But whisky intervened and did its work. He was a wreck. He had an eye that looked a man down and a tongue that ont like Damascus steel. We recollect his argument in a case where he had sued his old friend, Jedediah Spalding, now also with the dead. for services in taking testimony before a referee. He charged him $5 per day. Three young lawyers were sworn as to the value of his services. Mr. H- put them at $3 per pay. and Mr. V- at $2.50. . Your Honor.' said he, to 'Squire Minnie. . Mr. H- swears his services are worth three dollars. Does that prove that a man is not worth five dollars? Mr. V- says he would serve his client for $2.50 per day. So he might and his elient would be a . cheated man at that.'
"John S. Crellen, though advanced in life, was just beginning practice. He was a brill- jant orator, and an excellent lawyer. As an extempore speaker he had no equal then in that county and he has had none since. He could speak with force and interest upon any subject, and with little preparation. He too has crossed the river of mystery and solved the problem of the future.
"But the oddest chicken in the coop, if we may so speak. was the present member of Con- gress, the Hon. O. D. Conger. There was an idea current that in his youth he was a student, but it was so far back that the oldest inhabitant could not swear to it. He could give you more eurious information than any one else, but where he got it was the mystery. He conld tell the names and habits of all the birds in Michigan -could even tell you how to stuff their skins and preserve their beauty; was acquainted with the different kinds of timber and knew where they could be found, and a thousand other things which no one else ever learned. At the bar he trusted entirely to Providence. He never examined his cases-he would say the law ought to be so and so-but didn't pretend to tell how the courts had held it to be. His sound common sense. and a thorough knowledge and appreciation of the great foundation principles of the law usually kept him on the right track. Judge Mitchell cultivated the court; Judge Conger generally despised it, and looked hopefully to the twelve peers of the realm who were to decide the facts. The result was that judges usually treated him illy, and jurymen gave their verdiet in his favor. As a jury lawyer -especially in his own county-he had elements of strength possessed by no other man in the State. He reads upon the faces of a jury the thoughts which are passing in their minds, and has a happy way of presenting his argument in a man-
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HISTORY OF ST. CLAIR COUNTY
ner that will meet the peculiarities of each. Darm Barnaal, of Detroit, was on to protected for obstructing Mill Creek. He was defended by C. L. Walker, Daniel Goodwin and William T. Mitchell, all since judges. Conger was determined to convict him. One juryman sat stol idly under his argument. He couldn't move him. The court adjourned for dinner. Ho in unireit who and what he was, and learned that he used to run logs npon some stroom in Maine: that after being absent for some weeks, as the drive approached a certain turn in the stream. the raftsmen used to see their wives and children. waiting npoon a distant eminence to catch the the first glimpse of them, and then. hntrying over the rapids, soon find themselves at home. After dinner. Conger described the scene-described the anxious impatience with which the father and husband hurried on over the shoals and rocks, and the joy with which he was greeted. A tear stood in the corner of the eye of the obstinate man, which the advocate alone understood. Then in fioree invective he described such a man as Deacon Barwird obstructing the stream, delaying the drive for days and weeks, standing, as it were, between the ontstretched arms of the husband and his wife and preventing their embrace. There was a verdiet of guilty that evening, which we believe the court set aside as being against the law and the evi- dence. He is great in repartee. Andge Mitchell was examining a witness one day and Conger wanted some questions repeated, which he said he didn't hear. . Hean't furnish von cars,' said Mit .hell. . Oh, is that so,' said Conger. 'I should think you could without injuring your family.' They were trying a replevin suit, brought by one Merchant against one Anger. for a call. The testimony of tive witnesses on each side showed that each family had a pot calf. marked exactly the same, and about the same age. One was Ruby and the other Rosa, and each was taught to shake its head when the children called it by name. It was proved that this calf shook its head when the young Merchants called it Ruby, This was in Judge Mitchell's favor, and he dwelt upon it as settling the controversy. Congor replied. It is true the calf answered to Ruby. The difference between the names Ruby and Rosa would be detected at once by his Honor (Judge Green), or by my friend Judge Mitchell, but it would be otherwise with a caff edneated in the country.' Even Andgo Green let himself smile."
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