USA > Minnesota > Meeker County > A random historical sketch of Meeker County, Minnesota : from its first settlement to July 4th, 1876 > Part 7
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Three hundred families now worship at this church.
Present Trustees-Rev Father McDermott Prest.
Patrick Casey, Treas. M. J. Flynn Sec.
130
HISTORY OF MEEKER COUNTY.
This house is not now half large enough, to ac- commodate the congregation.
This completes the record of the different chuches of this county to 1876.
-
CHAPTER XIII.
THE JUDICIARY.
During the early period which our historic- al reminicences extend, such a thing as a "Judi- ciary" or any necessity for law, was unheard of and unknown in the county.
No county was ever settled by a better set of boys, and none submitted to the hardships of a new country one hundred miles from cvilization with better grace, and with less complaint than those who first opened up Meeker County, and remdeemed her soil from savage rule.
No law was required, the intelligence of the settlers, their quietness and industry, and the ne- cessity which every man was under, to attend to
(131)
132
HISTORY OF MEEKER COUNTY.
his own business, left their thoughts free from law or necessity for law.
Like our Pilgrim fathers, when landing at Ply- mouth-they regarded the "Decalogue" as both "law and gospel," from the first discovery of the prairie till the spring of 1858.
The first thing the settlers were considered good for, was to be "taxed"-Law soon followed, and Blackstone & Kent could be found at any man's door, who was willing to pay for it. and it was a. little remarkable that among the first cases tried, was one of "woman's right's," and which has been already sufficiently described in chapter ten of this book.
From the spring of 1858, we were blessed with three courts-one presided over by Smith & Ev- ans, under the supervision of Thomas A. Hen- dricks, then commisioner of the General Land Office, one known as the District Court, presided over by Hon. E. O. Hamlin of St. Cloud, and thirdly, the one of all others, presided over by Judge Atkinson as J. P.
Early in the summer of 1859 Col. Allen now of the Merchants Hotel, St. Paul-not having much to do at that time, bethought him to make a bus- iness strike and came all the way from St. Antho- ny to Forest City to pre-empt a quarter section of
-
HISTORY OF MEEKER COUNTY.
133
tamarack swamp somewhere in back of St. An- thony.
The Col. was able to furnish first class proofs of settlement and improvements, consisting of a "half acre broke"-a dwelling house 12 feet square, one story high made of logs, with double board floor (i.e. one board with a hole bored through it) a double pitch roof (i.e. one board on top of the house, with some tar rubbed on it) one door, (i. e. a place where you could crawl out or in) and one window with glass in it, (i.e. a hole between the logs and a broken junc-bottle placed therein.)
The proofs were excellent, but just here the witness seemed to be tender-toed about swearing to the (then) requisite 30 days residence prior to pre-emtion.
1
The Col. was fully equal to the emergency and promptly produced witness No. 2, consisting of about two-thirds of a demijohn of Medicine, vul- garly termed "brandy," and as he was quite anx- ious to propitiate the judges, that the case might the more easily "slide through" and with the same patriotic motion that rail road men furnish free passes to cheap legislators, he made us a present of Demijohn and its unfinished contents.
It is needless to add that the proofs were deemed ample and complete, and the Col. returned to St.
134
HISTORY OF MEEKER COUNTY.
Anthony the owner of a "tamarack swamp," and with a somewhat higher opinion of legal technic- alities.
The Col. tells us that farm lately changed hands for thirty thousand dollars.
The testimony of witness No. 2, was carefully preserved and filed away in the store room, so as not to tempt "loungers to sudden attacks"-requir- ing the use of such remedies, and to be brought out only on "state occasions," or when visited by governors, judges, rail road presidents &c.
Had Thomas A. Hendricks been here at the time, he would probably-as in other cases-have required ALL the proofs to be sent up.
The first Term of our District Court was to have been held in the fall of 185S-Hon. E. O. Hamlin Judge 4th Judicial District, but the roads were so bad, the judge could not come to time, and on the appointed day, the legal wisdom of the county met in Judge Smith's back office- then used as a store room-to wit, Wm. Richards County Atty. (not then admitted to practice) T. C. Jewett Sheriff, and Smith & Willie then con- stituting the Bar Association.
Col. Allen's demijohn stood in an old candle- box under the table, when Esquire Richards per-
135
HISTORY OF MEEKER COUNTY.
emptorilly directed the sheriff to open and adjourn the court, pursuant to law.
Jewett was inexperienced-never having done anything of the kind before asked Richards what he should say.
"Say after me, sir," says Richards.
"Proceed sir," says the Sheriff.
"'Ere ye 'ere ye 'ere ye," says Co. Atty.
"'Ere ye 'ere ye 'ere ye," says the sheriff,-"The District Court for the County of Meeker is 110W open -- all persons having any business in this court must appear and they shall be heard-God save the Queen," says the county attorney.
"D-d if I'll do it sir" says the sheriff. "this is a free country and you've got an old English form that won't work here.
At this point in the ceremony Richards looked at Willie, who had discovered the demijohn under the table-had exploded the cork and elevated "the substance of things hoped for," and obtained a goodly portion of "the evidence of things unseen," and had lowered the same to half mast-and at once with offended dignity, which none but those who knew Richards could appreciate-enquired of Willie what he was about.
"Oh ! nothing," says Willie, in his usual style, and stroking his moistened mustache,- "go on with
136
HISTORY OF MEEKER COUNTY. .
your court, this is only the first informal call. of the calender, and ceremony is entirely unneces- sary"-again flourishing the demijohn, as a barber would cut a figure eight with his razor, and in its descent securing another liberal portion of the "evi- dence of things unseen."
It is needless to add, to those who knew Rich- ards, that he left, in disgust, forgetting to adjourn the court and it is not quite certain that that court has ever been adjourned.
The first District Court held in Meeker county was in October 1859-Hon. E. O. Hamlin Judge, and was held in Judge Smiths off.ce.
The bar consisting spiritually of Messrs Smith & Willie-Materially of Geo. B. Wrights old draw- ing board 3 feet by 7-and the first case tried was that of John Pfeifer vs Peter Steirne-and as the case was reported in HARPERS NEW MONTHLY for Nov. 1861, I give the substance of the report from that work.
"When Meeker County, Minnesota, was new before lawyers found their way out there, two Dutchmen, Pfeifer and Steirne (brothers-in-law ), undertook to cheat Uncle Sam by pre-empt- ing two claims with one cabin, each furnishing half the lumber, the cabin to stand on the line be- tween the two claims. Before the claims were
137
HISTORY OF MEEKER COUNTY.
pre-empted the brothers fell out. Steirne under- took to carry away his half of the lumber, when Pfeifer shot Steirne. Steirne com plains of Pfeifer for an assault with intent to kill, and Pfeifer settles up by giving Steirne a chattel mortgage on two yoke of oxen (all the property either party had in the world except a wife and several children each. )
"When the mortgage came due Steirne takes the cattle and Pfeifer replevied them, on the ground that the mortgage was given to compound a felony and was void.
"Maturing the mortgage, two pettifoggers ar- rived at the county seat, one Smith, a frontier law - yer and a notorious wag, and Willie, a clever young lawyer from Western Virginia.
"Pfeifer having the actual possession of the oxen, delivers one yoke to Smith for his fee, and Steirne, having the cattle in expectancy, mortgaged one yoke to Willie also to secure his fee.
"The case was tried by His Honor, E. O. Ham- lin, then on the bench of the Fourth District, at the October Term, 1859, at Forest City. Being but one spare room in town, the court adjourned to give the use of the room to the jury. About 11 P. M. jury sent for the Court and informed the judge that there was no possibility of an agree- ment. The judge thereupon instructed the sheriff
138
HISTORY OF MEEKER COUNTY.
to take the jury to the tavern and give them a sup- per and then shut them up again with the case.
"At 4 o'clock A. M. the jury sent for the Court, and gave in a sealed verdict, and were discharged from further attendance on the Court, with the judge's thanks. When the court convened at 9 A. M. the verdict was opened, and read as follows:
"Jury find for plaintiff, three cents damages.
("Signed) GEO. S. SHOLES, Foreman."
Atkinson affirms that those supplies have not yet been paid for.
The following is a list of the Jurors in this case.
Geo. S. Sholes Sen, A, B. Hoyt, John C. Scrib- ner Alexander Lee. T. R. Webb, Thos. Dough- erty A. C. Maddox, Sam'l L. Getchell, Geo. W. Baird Edward Brown John Blackwell Charles Duffy.
At this term of court Wm. Richards Esq. county Attorney "nunc pro tunc", was admitted to practice as an attorney and counsellor, on his own motion, assuring the court that although an Englishman, he was nevertheless a man of good moral character, attached to the constitution and the principles of a Republican Government, and could prove it by all the boys in Jim's bar- room-and as material was somewhat scarce for lawyers west of the woods, trusted that his appli-
HISTORY OF MEEKER COUNTY. 139
cation would be favorably considered. The Judge casting a longing eye over the pau- city of the Bar, remarked "did you ever" and di- rected the clerk to "swear him in."
Thus much for the introductory history of the District Court.
Something is due to our "Supreme Court," pre- sided over at times by Judges Butler, Ritchie, Geo. Frid, Robson, Griswold, Atkinson, Stevens, Walk- er, Campbell, Hutchins and a host of others. Jurisdiction depended somewhat on who got hold of the case first.
In 1859 a case came before Judge Ritchie of Acton. Mark Piper and Nathan Butler acted as attorneys.
Piper made a motion to "quash the summons" on the ground that the letters, s. s. were not at- tached to "The State of Minnesota Meeker Coun- ty."
This was a poser for Butler and his argument therein was not the most lucid, but the motion was overruled and judgment entered for Pl'ff for the value of one "Opossum supper" proved to have been unfortunately eaten on some former occasion in the early history of the county by the defen- dant.
Subsequently both, attorneys enquired of us
.
140
HISTORY OF MEEKER COUNTY.
what connection those magic letters had in the di- agnosis of the case.
If we remember rightly we informed them that the s. s. stood for "simplicity simplified," refer- ring to the "code" and that no case could be pros- ecuted without recognizing "the code" by the ad. (lition of the s. s.
The same summer we had a case before Hutch- ins, J. P. of Kingston, in which our old friend Fitz- gerald appeared as both client and counsel against us, and moved to dismiss on the ground that the justice had never given a bond, and as the justice had quite forgotten whether he had or not, for- bade any futher proceedings.
Fitzgerald came into court with a club two feet long and size of a sled-stake-hence the sobriquet "Shillala Fitzgerald" which he carried ever after to the end of his days.
In 1862 Jewett sued Hoken Peterson for $4.00 sheriffs fees in some former case. Hoken came to us to see what we would defend him for, and war- rant the case, and after an hours parley, in which we commenced on $3,000, secured on real estate, we finally struck off the three ciphers and closed a contract and sealed it at $3.
Jewett found out, by some means how the case stood, and soon after meeting Hoken he offered to
141
HISTORY OF MEEKER COUNTY.
settle and pay his own costs for $2.75. Hoken having an eye to finance, promptly settled, and by not paying his lawyer anything, thereby saved 25 cents. Jewett would have found it a telling business had the suit been before any one else but "Jim" Atkinson, who always regarded the fee bill as the "chief end of law," and mulched Jewett about six dollars.
J. B. Atkinson, Esq. was chief justice of Meek- er county most of the time from IS58 to 1870, usu- ally re-elected at any time, when he saw a major- ity in his favor-his term of office never expiring when his party was in a minority!
His jurisdiction was extensive-never governed by imaginary or isothermal lines.
His District was bounded East by the big- woods, South by the Minnesota river, West by Big Stone Lake and North by Sitting Bull's camp.
When the summons was disregarded, a warrant was dispatched, and the fellow always came.
The judge was easily fatigued into granting short adjournments, particularly when both par- ties and all their witnesses were boarding at his hotel. On one occasion two parties, one man and one woman were arrested for an assault and bat- tery. Two days were spent in trying to prove the case against the man while the testimony clearly
142
HISTORY OF MEEKER COUNTY.
showed the complainant was the guilty party.
The court, nevertheless, imposed a fine of five dollars on the defendant who was perfectly good, while county orders were worth but 30 cents on the dollar and the court was bound to have pay for his time against a responsible party.
Fine, $5.co; Costs, $45.00. taxed up on both sides and included in the judgement.
The next morning the woman appeared in court without counsel whereupon F. Belfoy (who had prior to this time settled in the County,) re- fused to appear for the prosecution and the wom- an fought the complainant, flaxed him out. and was discharged.
Once only, in our recollection did judge Atkin- son find himself at the wrong end of the "judicial nippers."
The circumstance grew out of the Indian War. Jewett was a member of the organization termed by the Adjutant General "Irregular Volun- teer Militia" but at Forest City, for brevity, styled the "Guerrilla Guards."
Jewett had not answered roll call for some days owing evidently to indisposition, inclining that way. Whitcomb was captain and our judge first Lieut. a corporals guard was dispatched for Jew. ett and he was somewhat unceremoniously led by
143
HISTORY OF MEEKER COUNTY.
the collar from his house to company quarters and kept under guard over night.
On the 8th, of October Smith filed his com- plaint with Judge Griswold, setting forth that Wm. Branham, Geo. W. Waggoner and Cornelius McGraw did on the 7th day of the same month "wilfully and without lawful authority" come un- bidden into the dwelling house of deponent and seized deponent by the arms and dragged him therefrom."
On this complaint a warrant was issued by Judge Griswold returnable forthwith at the office of A. C. Smith,, who appeared as prosecutor, and Judson A. Stanton was appointed to execute the warrant.
The "Guerrilla Guards" consisted of about 35 men and boys, while Capt. Pettit was now sta- tioned here with a full company of U. S. soldiers
Apprehending difficulty in making the arrest at Whitcombs quarters. Judge Griswold had made a call on Capt. Pettit of which the following is a copy.
To Capt. G. F. PETTIT:
Co. B. Sth, Regiment, Minn. Vol's.
"Sir :- Circumstances are such as to compel me to issue a warrant against, and to deal with, accord- ing to law, one Wm. Branham, Geo. W. Wag-
144
HISTORY OF MEEKER COUNTY.
goner and Cornelius McGraw for a gross breach of the peace, as is alleged.
Circumstances are also such as, to render it more than probable that said warrant cannot be duly served without the aid of the military arm of the State.
You are therefore, directed and required to ren- der to the special officer in charge of the execution of said warrant, such military assistance as he may need for the the faithful discharge of his duty.
Respectfully, J. W. GRISWOLD. Justice Peace, M. C. M.
Stanton thought he could arrest the boys with- out help-by others, it was thought doubtful-the sequel will show that Stanton had made most proficiency in the study of human nature.
He went to Whitcombs quarters and seperately whispered to the culprits, that Smith had a basket of apples at his office and would like to treat his friends and had sent him to invite a few of them, following close behind them, as they passed into the office-Stanton cooly locked the door-drew forth the warrant and in his inimitable suttering style, respectfully informed them that they were his prisoners.
At this moment Judge Griswold sat at the head of the table "looking more law" than any Lord Coke ever dreampt of,-Smith at the foot with the "code" under his arm, and Capt. Pettit with
145
HISTORY OF MEEKER COUNTY.
Lieuts. Hollister and Shaw on either side in full uniform, evidently the most dignified tribunal ever assembled in the county.
When Stanton's "ruse" was understood by the company present, order for a time was difficult to be preserved.
For certain reasons, in connection with the rest of Whitcombs boys, Stanton soon had business at Clearwater, and the court assigned the prisoners to the keeping of "Uncle Ike Delamatter," whose age and venerable looks were sure to protect him from insult.
Whitcomb and Atkinson defended the prison- ers bravely, but the judge held them to bail for their appearance at the next term of the District Court to answer to an indictment for false impris- onment. The case has not yet been disposed of, and so far as we know, the prisoners are yet in the legal custody of "Uncle Ike. "
Some deny the correctness of this report, and we confess to two strong reasons why it might well be doubted-first the known fact that Judge Atkinson was never before found at the pinching end of the judicial nippers and secondly this was the only occasion known in the history of the county, when Jewett was at all backward, or need-
146
HISTORY OF MEEKER COUNTY.
ed any help, in getting into 2 muss !
Legal proceedings in the county could be re- counted to most any extent and perhaps with some degree of interest, but the printer reminds us that our book is about large enough, and we will be compelled to desist. In many of the cases the udicrous predominate and while the old saw holds good that-
"A little nonsense now and then, Is relished by the best of men."
We are reminded that it is not quite safe to go in for too much of it. Kandiyohi county was at- tached to Meeker for judicial purposes from 1857 to 1870 and we have a quantity of judicial and oth- er "nuts to crack" at the expense of that county, but we must desist, as we do not like to deprive Kandıyohi of her own future history.
The first person ever sentenced to the Peniten- tiary from this county was a man by the name of Roberts in 1869 for twenty-two months-Judge Vanderburgh presiding-Roberts thanked the Judge cordially for the brevity of the time fixed, and hoped he (the judge ) would call and see him if he ever came to Stillwater!
.
Product of Wheat, Oats, Corn and Potatoes. from 1865 to 1875, in- clusive.
WHEAT
11
OATS.
11
CORN.
1 1
POTATOES.
YEAR
Acr's| Bush. | Av'rge| |Acr's!
Bush. [ Av'rge| | Acr's[Bush. | Avr'ge|| Acr's |Bush. |Av'rge.
1865. ..
661
14835
22,44|
338
15897|
47.0.1|
206
8902
43.21
71| 20735
42.01
1866 ...
1177
19176
16.29
455
13809
30.35
156
3463
22.20
J22
15319
125.53
1867 ...
2197
3341.1
15.20|
739
30109
40.74
428
10212
23.86
200
21485
104.29
1868 ...
4153
74090
17.83|
1271
42773
33.65
705
23182
32.88
356
61109
171.65
1869 .. .
5012
7440₹
14.81
1582
48589
30.71
834 %
15-162
18.52
216 16
22150
102.30
1870. . .
11008
148142|
13.45
4197
126583
30.61
1187
38849
32.72
293
16593
56 63
1871 ...
13663
157060
11.49
4003
107101
26.36
2367
49103
20.74
239|
25084
201.95
1872 ...
18493
342320
19.05
5128
171-441
33.43
3113
71169
22.88
375, 51181
146.47
1873. ..
23439
363706
15 51
5853|
196630
33.59|
2129|
66594
31.27|
321
32131
100.10
1874. ..
25308
309922
12.24|
5301
137454
25.92
2082 58274
28.13|
356
33462
93.99
1875 .. .
25130
471788
18.77|
6150
226121
35.14
3067| 98978
32.34
405 1% !
54640
134.91
Previous to the Indian War from 1859 to 1862 wheat had been raised to some extent, probably more in 1862 than in 1865.
The Year 1875 Found-
Acres.
Bush. Yield.
Land sowed to Wheat ..
25,000
471,788
Oats.
6,150
226.121
Barley .
305
6,045
66
Rye.
32
630
271
0,006
3067
963,978
405
54,640
Total
35,430
861,208
In
1865.
1960
HISTORY OF MEEKER COUNTY.
10,300
8,520
6,090
147
1,229| In
1876.
1.200 In 1875
928| |In 1870.
Populaiion of Meeker County.
.
Planted to Corn ..
.
Potatoes
1862 at time of outbreak,
In
.
.
Buckwheat ..
148
HISTORY OF MEEKER COUNTY.
The area of land in Meeker County is 381, 5SS ac. Deducting 81,588 acres for timbor and meadow lands, and we have 300,000 acres for cultivation.
1
From the foregoing table we find, in IS75, 32.469 acres in grain crops of all kinds and pota- toes, producing 864,208 bushels. At this rate this County has the capacity, when fully settled up, of producing in similar a proportions, not less than 8,000,000 bushels, and of supporting 250 run of buhrs!
Our lands are much diversified, affording every facility for farming that the husbandman can de- sire. The eastern and northern parts are gener- ally timbered with oak, maple, linden, ash etc., the balance of the land is prairie, with groves of tim- ber skirting the largest lakes. The surface is gently undulating, and the soil is deep, rich, black sandy, and loam.
The County is admirably watered by numerous lakes and streams.
Wheat Elevators in the County.
Proprietor.
Location
Power.
Capacity.
W. F. Davidson ..
Litchfield
Steam,
75,000
Chauncy Butler.
Horse,
30,000
J. M. Howard.
66
Horse.
10.000
W. F. Davidson
..
Darwin,
12.000
Dassel.
Steam
50,000
Swede Grove ...
50,000
Total capacity in Bushels
227,000
Saw Mills.
Name of mill.
Where located.
Men 'employed.
Months run.
Am't lum- ber ent.
Power &c.
Dsssel ....
Dagsel.
6
2
1,200,000
Steam,-circular saws.
Manannah.
..
Manannah.
6
4
400,000
Water,-circular saws
Forest City ...
Forest City .
4
2
100,000
Water,-do'ble circular.
Carvill's ...
Flour Mills In Meeker County-1876.
Name of Mills
Where located
Run of |capacity Buhrs
Men employed
Coopers employed
Power.
Litchfield Mills
Litchfield.
7
125
9
7
5
Water.
Forest City Mills ....
Forest City ..
..
5
100
5
6
Steam.
Manannah MIIl.
Manannah.
5
75
4
4
Water.
Kingston Mill.
Kingston
3
60
3
1
Water.
Washington Mill
Dassel.
3
50
3
2
Water.
Greenleaf Mill ..
Greenleaf ..
3
80
5
4
St. & Wa.
Cedar Mills.
Cedar Mills.
3
80
3
3
Water.
Jewett's Mills ...
Collin wood ..
2
40
2
I
Water.
Carvill's Mills.
East Kingston.
2
50
2
1
Water.
Collinwood Mills
Collin wood.
2
40
3
Water.
Total.
·
42
825
46
34
Steam.
7
125
Farmer's Mill.
Swede Grove ..
.
.
... .
149
HISTORY OF MEEKER COUNTY.
200,000
Water,-circular saws.
East Kingston ....
in Bar -! frels, day
150
HISTORY OF MEEKER COUNTY.
Aren of Meeker County.
Town.
Acres land.
Acres water.
Total acres.
Acton.
19841.86
3129.82
22971.68
Collinwood
19284.01
3758.37
23012.38
Cedar Mills
23532.83
676.61
24209.44
Cosmos
22487.61
542.35
23029.96
Darwin.
20552.86
2449.40
23002.26
Danielson
21975.67
974.08
22949.75
Dassel.
19692 ...
3275.66
22967.66
Ellsworth.
18494.81
4524.74
23019.55
Forest City
21962.50
884 37
22816.87
Forest Prairie
22224.31
582 47
22806.78
Greenleaf
22777.84
1958.23
24736.07
Harvey.
24366.84
464.08
24930.92
Kingston
33047.40
1336.99
34389 39
Litchfield.
21511.82
2895.42
24407.24
Manannah
25361.92
31.31
25393.23
Swede Grove
22155.18
590.46
22746,04
Union Grove.
22318.99
706.26
23025.25
Grand Total
381588.45
28781.02
410369.47
The Lakes vary in size from Washington Lake, with an area of 2435.52 acres, to the lakelet of 40 acres or less.
A List of County Commissioners, from the Organ ization of the County.
1856-Thos H Skinner, F N Rip-|1867 -- M J Flynn, H Hall and Ziba ley and J Huy Caswell
1857 -- J T Kinnison, Jolin Wigle 1868 -- W H Dart, S Y Gordon and and J W Griswold A N Fosen
1858 -- J Wigle, J T Kinnison and|1869 -- Wm E Graham J B Atkin- T G Gould son A N Fosen
1858-9 -- A P Whitney, John Wigle, 1870 -- J B Atkinson, W E Graham Mark Warren, Peter Ritchie, and H Halverson
Ziba Caswell and J V Bran-[1871 -- J A C Waller, Evan Evanson, H C Bull, Patrick Flynn and N C Hines
ham, Sen
1859 -- Peter Ritchie, Mark Warren, John Wigle, Chas Low, Robert 1872 -- Evan Evanson, N C Hines. Patrick Flynn, H C Bull and Chauncy Butler
Lang and J W Dame
1860 -- E M Whitney, Mark Warren and Linns Howe
1873 -- C Butler, N C Hines, Evan Evanson, Patrick Flynn, and Henry Clay
1861 -- J C Whitney. Peter Ritchie and J V Branham Sen
1862-Chas E Cutts E B Kingsley E A Chapin, E H Whitney, Jas B Atkinson and Sam Taylor
1875 -- C Butler, Evan Evanson. H Clay, B F Spaulding, and Jos Hubbard
1863 -- Geo. S Sholes Sen, H Hall and 1875-Evan Evanson, H Halverson. Moody Caswell
1864 -- Geo S Sholes Sen H Hall,
H Clay; Jos Hubbard aud B F SpanIding
Michael Johnson and F Mc- 1876 -- Evan Evanson, H Halverson Cusker
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