A history of Scioto County, Ohio, together with a pioneer record, Part 36

Author: Evans, Nelson W. (Nelson Wiley), 1842-1913
Publication date: 1903
Publisher: Portsmouth, O. N. W. Evans
Number of Pages: 1612


USA > Ohio > Scioto County > A history of Scioto County, Ohio, together with a pioneer record > Part 36


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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In 1827, Theodore H. Burrows was a lawyer in Portsmouth, but he seems to have been a bird of passage and did not remain long.


August 30. 1828 was when William V. Peck first appeared in Portsmouth. He was only at the bar 19 years, but was as able a lawyer as was ever in Portsmouth. While he resided in Portsmouth 50 years, the remainder of his time, over 19 years. was spent on the Common Pleas or Supreme Court Bench. or in retirement. Peck taught the public in Portsmouth that there were other lawyers of equal ability to Sam Tracy. When the commissioners sued David Gharky, ex-auditor, for overcharges, they employed Sam Tracy, and thought the case won. Gharky, the shrewd old German, employed Peck, who lost in the lower court but won out in the Supreme Court and got his client off free. Then the county officers for the first time appreciated the fact that there were other lawyers than Sam Tracy.


In 1829, Ezra Osborn gave public notice in the newspapers that he had been appointed by the court to audit administrators, executors and guardians accounts. and that no accounts would be considered unless they had been aud- ited by him.


February 25. 1830, N .K. Clough published that he had removed to Front street and that he had $2,000 to $3,000 standing out and wanted the money. , At that time he was building the residence lately occupied by Dr. Arthur Moore on Fourth street.


In 1832 both Peck 'and Hamilton advertised lots for sale. In the same year Joseph W. McCormick hung out his shingle in Portsmouth but did not remain over six months. His father was Adam McCormick of Adams County. an Irishman, and his mother was Margaret Ellison, daughter of Andrew Elli- son, one of the pioneers of Adams County. He was a magnificent specimen of physical manhood. an Apollo Belvidere. He left Portsmouth and went to Cin- cinnati and from there to West Union. He was the second Attorney General of Ohio, serving a few months by appointment in May 1831. He was prosecuting attorney for Adams County after he left Portsmouth and was a member of the


274


HISTORY OF SCIOTO COUNTY.


Constitutional convention of 1851. In 1857 he left Adams County and went to California where he died in 1879.


Benjamin Ramsey came to Scioto County in 1838. He was a bachelor and so remained while in Portsmouth. He has a sketch herein. He was a lazy man and left Portsmouth in 1858 to rest on a farm in Pennsylvania.


In 1838 McCormick was back in the county for a few months.


In 1838 Col. O. F. Moore came to Portsmouth.


In 1842 Wells A. Hutchins came and formed a partnership with one Blinn. On June 3, 1842, the partnership was dissolved by Hutchins, instanter, and so announced in the papers, and then Ramsey and Hutchins were partners.


October 21, 1842, George Johnson advertised as a lawyer.


In 1846 Hamilton and Jordan advertised as partners. Hamilton after- wards became Secretary of the Territory of Oregon, and Jordan solicitor of the Treasury.


In 1846 Ramsey and Barr were partners. This was Sterret Barr, son of John T. Barr.


In 1852, John T. Flint advertised as a lawyer in Portsmouth. He was a northern man by birth, but went to Texas, where he became a southerner, and a Confederate and died there after the Civil War. He married Lavinia Feurt, daughter of Gabriel Feurt of Scioto County.


In 1853 James W. Davis was a lawyer in Portsmouth. He afterwards re- moved to Greenbrier County, Virginia, and is living there.


January 4, 1854, Elijah Glover began his career as a lawyer in Portsmouth. On February 28, 1854, George Fitzgerald came as a lawyer to Portsmouth he remained but a short time, and so far as Portsmouth is concerned, oblivion has claimed him for his own.


On April 5, 1854, John W. Collings came to Portsmouth. He advertised as Collings and Collings, Attorney. The senior Collings was his uncle, George, former Common Pleas Judge in Scioto County, but whose connection with the business was merely nominal.


On November 14, 1855, Whitney and Whitney advertised as attorneys-at-


law. They were brothers, George and John R .; George only remained a few months, John R. remained several years and then went to Warren County, where he has since resided.


In 1858 Jordan and McCauslen advertised as attorneys; McCauslen had removed from Adams County in 1857. He removed to Steubenville in 1865 where he resided until his death in 1876.


Edward F. Jordan, his partner located in Portsmouth about 1847. In 1861 he was appointed Solicitor of the Treasury and held the office eight years. He then located in New York City where he remained until his death.


In 1858 John Vanmeter was an attorney-at-law in Portsmouth. He re- mained long enough to be Mayor of the town and then left. He is now living at Salt Lake City, Utah.


In 1859, Hutchins and Guffey were in partnership. Guffey was in Ports- mouth a number of years. He was its Town Clerk a number of times. He left Portsmouth during the war and came back afterwards. but did not remain long.


In 1859 Joseph M. Glidden advertised as an attorney-at-law. He had his office at the corner of the Gallia turnpike by the B. & O. Ry.


On April 25, 1860, John J. Harper became a lawyer in Portsmouth.


On August 6, 1860, Geo. O. Newman became a lawyer in Portsmouth.


January 23, 1861, Henry T. McDowell, advertised as an attorney-at-law in Portsmouth.


In 1862, Martin Crain and John J. Glidden were in partnership.


In 1863 Robert N. Spry was reading law; he was admitted to the bar the following year.


On May 8, 1863. Fernando C. Searl was admitted to the bar. Wm. S. Huston was also advertising as a lawyer in 1863-1864.


On April 30, 1864, Robert N. Spry and James W. Bannon were admitted to the bar; and on Sept. 24, 1864, McCauslen and Spry advertised as partners.


In 1865, Dunham and Spry advertised as partners. Perry J. Dunham is now residing at New Richmond, Ohio, in honorable retirement.


On Sept. 28, 1864, Towne and Bannon advertised as partners.


275


THE BAR OF SCIOTO COUNTY.


On April 8, 1865, a bar supper was given Thomas McCauslen on account of his removal to Steubenville.


On Oct. 7. 1865, Crain & Thompson advertised as partners.


On Jan. 16, 1866, Hutchins and Guffey dissolved.


August 1, 1866, Nelson W. Evans located in Portsmouth and formed a partnership with Elijah Glover, as Glover and Evans.


December 16, 1866, John J. Glidden advertised as practising alone.


On January 23, 1867, the firm of Harper and Jones advertised and in April, 1867, Nelson W. Evans was practising alone. On November 27, 1867, he was ap- pointed United States Commissioner and held the office until June 30, 1897.


On December 28, 1867, A. J. McFan was a practising attorney.


January 2, 1869, J. L. Treuthart advertised as an attorney, and on May 1, 1869, Henry D. Baker was admitted to the bar.


On March 31, 1869, Crain and Pursell were partners.


On February 3. 1869, the firm of Reed and Pollitt was announced.


May 26, 1869, Homer W. Farnham made his bow to the public.


On January 14, 1870, Nelson W. Evans was appointed Register in Bank- ruptcy and held the office until September 1, 1878.


On January 26, 1870, James Culbertson advertised as a lawyer.


On January 27, 1870, Evans and Farnham advertised as attorneys.


June 8, 1870, George H. Guffey returned to Portsmouth and advertised as an attorney. He did not remain long.


July 29, 1870, Harper and Searl advertised as attorneys.


On November 8, 1870, Charles H. McFarland was admitted to the bar. Nov. 16, 1870, Towne and Farnham advertised as partners.


December 6, 1781, William B. Grice, advertised as an attorney.


On December 27, 1871, F. C. Searl was practising alone.


April 5, 1872, William Waller was admitted to the bar.


On May 4, 1873. there was a bar supper, Judges Guthrie, Loomis and Hast- ings were present.


June 4, 1873, Searl and Dever advertised as attorneys.


July 4, 1873, the firm of Jones and Thompson was announced. It was com- posed of Col, Henry E. Jones and Judge A. C. Thompson.


August 27, 1873 Theodore K. Funk, advertised as an attorney-at-law.


May 20, 1874, Karl F. Thieme was a lawyer in Portsmouth. He was first a professor at the Young Ladies' Seminary, then a lawyer, and afterwards a clergyman. He is still living and preaching the gospel. He has a large and in- teresting family.


Crain and Fullerton advertised as lawyers on June 17, 1874.


September 23, 1874, Evans and Livingstone advertised.


January 20, 1875, Bannon and Anderson advertised as partners.


April 26, 1876, the firm of Thompson and Turley was announced, com- posed of the Hon. A. C. Thompson, Federal Judge and his brother-in-law, Henry Clay Turley now postmaster at Natchez, Mississippi.


February 9, 1877, Dan J. Ryan was admitted to the bar.


January 17. 1877 George H. Jones was advertising as a lawyer.


February 14, 1877, Samuel G. Mccullough advertised as a lawyer.


February 28. 1877, Searl and Dever advertised as attorneys.


March 13, 1878 James P. Purdum advertised as an attorney.


October 31, 1877 Charles H. McFarland advertises.


November 14, 1877 J. C. Fullerton advertised as an attorney.


Thompson and Holcomb advertised as attorneys.


January 18, 1879, Crain and Haney were in partnership.


January 12, 1879 Dever and Ryan advertise as partners, also McCullough and Huston.


June 21, 1879, Joseph W. Fulton advertised as an attorney.


July 16, 1879. John L. Harper advertised as an attorney.


April 30, 1879, Towne, Farnham and Purdum advertise as attorneys. December 3. 1881, Andrew J. Dever began to practice law in Portsmouth. June 27, 1882, A. T. Holcomb advertised alone.


September 8, 1880, the firm of Searl and Briggs was formed, composed of F. C. Searl and Wm. Briggs.


January 6, 1881, Dan. J. Ryan was practicing alone.


276


HISTORY OF SCIOTO COUNTY.


September 3, 1882, the firm of Harper and Richards was formed. It was composed of John J. Harper and John K. Richards, the present Solicitor Gen- eral of the United States.


February 27, 1884, Alexander C. Woodrow was admitted to the bar and be- gan practice.


July 30, 1884, Volney R. Row began practice in Portsmouth.


February 27, 1883, Andrew C. Richardson advertised as an attorney.


December 26, 1883, Evans and Dawson advertised as partners.


July 9, 1884, Searl and Milner were partners.


November 26, 1884, James M. McGillivray moved to Portsmouth, Ohio, and went into the firm of Thompson, McGillivray and Holcomb. The latter moved to Ironton.


November 26, 1884, the firm of Harper, Searl and Milner was formed. December 31, 1884, Dever and Ryan were partners.


The foregoing is taken from the several newspapers published in Ports- mouth. It is published merely to show when lawyers located or first advertis- ed in Portsmouth. Every lawyer of the slightest consequence dead, or living, has a notice or a sketch in the part of this chapter following.


The Portsmouth Bar never had any permanent association and never maintained a library till 1901, both of which facts are to be much regretted. The bar of Scioto County has furnished three Congressmen, one secretary of a territory, one Territorial Judge, one Solicitor of the Treasury, one Solicitor General of the United States, one Supreme Judge, seven Common Pleas judges, and one U. S. District Judge (Thompson) and its capacity for this is only lim- ited by the number of the members.


Present Members of Scioto County Bar.


Attorneys.


Admitted.


Located in Portsmouth.


Anderson, Thomas C.


April 14th, 1874 ..


August 14th, 1874.


Anderson, Clifford B.


June 9th, 1899


June 9th. 1899.


Ball, Harry


March 1st, 1887.


March 1st, 1887.


Bannon, James W


April 30th, 1864


April 30th, 1864.


Bannon, Henry T.


March 6th, 1891


March 6th, 1891.


Bannon, Arthur H


December 6th, 1892.


December 6th, 1892.


Beatty, Thomas C.


December 7th, 1894.


December 7th, 1891.


Calvert, R A.


Octoher 8th, 1868


October 8th. 1868.


Daehler. Edward J


June 22d, 1900


June 22d. 1900.


Dever, Noah J


April, 1873


April, 1873.


Evans, Nelson W


April, 1866


April, 1866.


Finney. Frank B.


June 1st, 1893.


June, 1st 1897.


Funk, Theodore K


January 30th, 1873.


1873.


Gilliland, Nathan B


March 8th, 1898,


Grice, Wm. B


September 21st, 1871 1877


Septemher 21st, 1871. 1893.


Holcomb, Anselm T


November, 1869.


November, 1869.


Hughes, John R


May 10th, 1886


May 10th, 1886.


Johnson, Sam M.


October 9th, 1890


January, 1900.


Livingstone, Duncan.


December 2d, 1873


Decemher 2d, 1873.


Miller, Harry W


June, 1893.


June, 1894.


Miller, Cecil S ..


June 17th, 1898


June 17th, 1898.


Millar, Edgar G


June 11th, 1901


August 12th, 1901.


Milner, John C.


Fall 1883


August 9th, 1884. September 1st. 1902.


Moulton, Frank W


June 12th. 1902.


Myers, R. C.


June, 1892.


June 23rd. 1898.


Newman, George O


August 6th, 1860


Newman, Oscar W


October, 1891


Osborn, George M


June 11th. 1887


Purdum, James P


March 4th, 1878.


March 4th, 1878.


Sprague. William R


December 7th, 1901


Decemher. 1901.


Searl, Fernando C ..


May 8th, 1863.


February 9th. 1870.


Searl, Clinton M.


June 13th, 1902.


June 20th, 1902. January 1st, 1896.


Thomas, James S


May 31st, 1895


July 1st. 1895.


Walsh, Edward K


December 1894


Williams, Guy V.


October 14th, 1898


Woodrow, Alex. W


June 5th, 1883.


April 4th. 1895. Octoher 14th. 1898. June 5th, 1883.


Scudder, George D


June, 1879.


August 6th. 1860. October 1891. June 11th, 1887.


Row, Volney R


October 3rd, 1883


October 3rd. 1883.


Haney, Isaac J


NATHAN K. CLOUGH.


MEMBER OF THE FIRST TOWN COUNCIL. PROSECUTING ATTORNEY, 1814-1821. BORN 1778-DIED 1852.


1


277


THE BAR OF SCIOTO COUNTY.


Resolutions of the Bar of Scioto County, Ohio, at the Last Court Under the Old Constitution, September, 1851.


S. M. Tracy moved the Court that the following be entered upon the Journal of the Court as the last act of the Court.


To the Honorable William V. Peck, President Judge, Samuel Crull, Ed- ward Cranston and Jacob P. Noel, associate Judges of the Court of Common Pleas of Scioto County.


The undersigned members of the Bar and officers of said Court, respect- fully request, in view of the final adjournment of this Court and of the ter- mination of the present Judicial system, to put upon your Records an expres- sion of our sentiments.


-


Judge Crull has with short intervals been upon the Bench for forty-three years. He has servedwith every President Judge except one. His early breth- ren are all gone. Few of the lawyers who first practiced before him are now alive. Not one of them is here. When he looks at the present Bar, he sees a majority who do not number as many years of life as he does of official ser- vice. The other members of the Bench have served comparatively a short time.


With each of you the most friendly relations have ever existed. The Bench under your administration has enjoyed our full confidence, and that con- fidence has enabled us to discharge harmoniously and satisfactorily the various and complicated duties growing out of our official and professional relations and each individual member of the Court retires from the Bench with our hearty approbation of his judicious course and our warmest wish for his welfare and happiness.


Charles Oscar Tracy, R. Ramsey,


J. R. Turner, Clerk,


S. M. Tracy, E. Glover,


C. P. Chandler, Ex-Sheriff,


W. A. Hutchins, E. W. Jordan,


Enos Gunn, Sheriff,


A. Crichton, Jr.,


George Johnson, George O. Newman.


George Turner, O. F. Moore,


And thereupon the foregoing is by the Court ordered to be entered upon the Journal Record. And it is further ordered that this Court adjourn without day.


On November 21, 1885, at a bar meeting on account of the death of Col. O. F. Moore, Mr. Hutchins said, "I located in Portsmouth December 21, 1841. At that time John E. Hanna was presiding judge, Richard Tomlin, Samuel Crull, Abijah Batterson were Associate Judges. The members of the bar were Samuel M. and Charles O. Tracy, Wm. V. Peck. Edward Hamilton, Archibald Hamilton, Richard H. Tomlin. Major D. F. Heaton, H. Goodwin Blinn, Benjamin Ramsey, Oscar F. Moore, and myself. Since that time there became members of the bar, Geo. Johnson, E. B. Cone, Cyrill H. Bracket, J. M. Nelson, B. F. Conway, J. V. Robinson, Jr., Joseph M. Glidden, Elijah Glover, J. M. Whitney, John W. Col- lings, Wm. H. Reed, Wm. S. Huston, Martin Crain, Henry E. Jones. George H. Gaffey, E. Jeffords, George Turner, Robert N. Spry and James S. Pollitt, none of whom are now living. Those who became members of the bar but removed from Portsmouth and are still living are: Edward F. Jordan, Thos. McCauslen, James W. Davis, Joseph McDowell, W. A. Whitney, John W. Glidden, James T. Douglas, Perry J. Dunham, J. C. Hughes, James Culbertson, John E. Harper, George H. Jones and A. T. Holcomb."


"When I made my first speech in court twenty-two of the present mem- bers of the bar had not been born, and the judge on the bench was but three years old."


BIOGRAPHIES OF MEMBERS OF THE BAR. Nathan Kimball Clough


was born in 1778 in Francistown, N. H. The name was originally Cluffe. The first one of the family to emigrate was John Cluffe, who came over in the ship "Elizabeth" in 1635. He settled in Salis- bury, Mass. He had two brothers who came over soon after. The family is Welsh and can be traced to the Twelfth Century, to a


278


HISTORY OF SCIOTO COUNTY.


Knight, from whom the title descended. Their coats of arms was a lion rampant, a lion couchant with a sword in the right paw, with a Latin motto, which translated reads, "Purity without spot or blem- ish," and the family lived up to it. The Cloughs were well known in New England for their integrity. Nathan K. Clough attended Dartmouth College and graduated in 1806. His diploma of gradu- ation is in the posession of his grand-daughter, Mrs. H. P. Pursell, of Portsmouth, Ohio. He studied law after his graduation and was admitted to the bar in New England. He located in Portsmouth, Ohio, in 1810, at the age of 32 years. He soon married Clarissa Hempstead, daughter of Hallam Hempstead, Sr., and sister of Mrs. James Lodwick and Mrs. William Oldfield. He was the Prosecuting Attorney of the county from December, 1814 to July, 1821, when he was succeeded by Samuel M. Tracy.


On March 15th, 1815, he was elected one of the nine first councilmen of Portsmouth. The nine were elected without reference to terms and then they were to draw for classes, three for one year, three for two years and three for three years. He drew one of the three years' terms and was re-elected in 1818 and 1821. On March 14, 1823, he resigned from the Council. He was elected the first Recorder of the town and re-elected annually until February 4, 1820, when he resigned and was succeeded by Jacob Clingman. While Prosecuting Attorney, he received allowances to the amount of $100.00 per year. In 1830, his professional income was estimated at $500, per year and his tax on it was $4.00.


His first residence in Portsmouth was on Second street where Steindam's three story brick building now stands and his office stood on the site of the Zoellner building now occupied by A. M. Glockner. In 1830, he moved his office to Front street. In 1820, he had a partner in the law business by the name of Wilkinson. In 1818 he was a School Trustee in Portsmouth. The school was conducted in! the Methodist Church and seems to have been a private enterprise. In 1830, he built the residence on Fourth street recently occupied by Dr. Arthur Moore as an office. At that time he advertised he had out $2,000 to $3,000, and wanted payment.


In 1826, the county allowed him $8.00 for defending the defend- ant in State vs. David Vaughn. The services had been rendered in 1824, and he waited two years to obtain payment of his bill. As to his history in the town Council, we have a few traces. In 1815, he was on a Committee to lease school lands. In 1816, he was on a Committee to report regulations for the wagoners for using the streets and alleys with their wagons. On August 20th, he was fined for leaving Council without permission. At the same meeting John R. Turner and David Gharky were fined for being late. On Septem- ber 17, 1822, he and Daniel Corwine were on a Committee to buy


.


279


THE BAR OF SCIOTO COUNTY.


a town bull of John H. Thornton. In 1825, he was one of the health officers of the town.


In 1831, he was one of the Commissioners to organize the Ports- mouth and Columbus turnpike. In the fall of 1833, he removed to Piketon, Ohio, where he continued to reside until his death in June 1853. He made the Portsmouth Town duplicate in 1817, and received $4.00 for his service.


He was a Presbyterian in his religious faith and was at the meeting, when that church was organized in Portsmouth. Mrs. Mary Barrow Clough, wife of our subject, died in 1869 in Piketon. She was a cousin of Dr. G. S. B. Hempstead and traced her ancestry to Sir Robert Hempstead, who came to this Country in 1820, and was one of the founders of New London, Connecticut.


Our subject had five children, three of whom lived to maturity. Dr. G. W. A. Clough of Chillicothe; Jane who married John Wesley Dunham, long a citizen of Portsmouth, and a daughter Mary, who died at the age of twenty-three years, unmarried.


In his political views, Mr. Clough was a Whig. As a lawyer, he was well read and did a great amount of business, but was prolix and tedious in his arguments. He was a safe and good counselor and pos- sessed the confidence of the community.


Richard Douglas


was born at New London, Connecticut, in September, 1785, and came to Ohio in the winter of 1808-9, on an intended voyage to New Or- leans. On reaching Chillicothe he came to the conclusion to remain there and he finished a course of law reading, which he had begun in Connecticut, in the office of Colonel Henry Brush. He was admitted to the bar in 1809, and immediately published his professional card in the Scioto Gazette, of December 23, 1809, as follows :


DOUGLAS


"Intends practicing law in Chillicothe, if he can get anything to do. He intends to be honest, likewise."


He got something to do. In fact, he did a great deal before he ceased to practice law. Mr. Douglas stuck closely to his professional work. We know of only two or three times in his life in which his practice was in any degree interrupted. In 1812, he went for a few months into the military service under General McArthur, and held the rank of Lieutenant, performing the duties of quartermaster and chaplain of the First Regiment of Ohio Volunteers. He was a mem- ber of the Eleventh Legislature, which met December 7, 1812, and adjourned February 19, 1813. He represented Ross and Pickaway Counties. While a member of this Legislature he participated in the election of Jeremiah Morrow to the United States Senate. In 1831. he was nominated by the Whigs for Congress, but William Key Bond


.


280


HISTORY OF SCIOTO COUNTY.


and his personal friends claimed that Douglas' nomination was un- fairly and irregularly made, and Bond announced himself as a candi- date also. As this would mean defeat to the Whigs, Bond and Doug- las withdrew, and Governor McArthur was adopted as a Whig can- didate, and was defeated by William Allen, who afterwards was his father-in-law. During his youth Mr. Douglas spent six years as a sailor in the whaling trade, and studied law one year before he came to Chillicothe. Colonel Wm. E. Gilmore says that he possessed such an extraordinary gift of seeming to know anything and everything, that no mortal man was able to gauge his real attainments. He was a great reader and had a wonderful memory, and was able to quote from all current literature and all the classics, both English and Latin. Colonel Gilmore relates having heard him in a temperance ad- dress to a hill-top audience, quote a page and a half of the seventh book of "Paradise Lost," beginning with the first of the book, to reach the lines :


"But drive far off the barbarous dissonance Of Bacchus and his revellers."


He had a wonderful fund of humor, and could assume the style of most any of the well known poets or essayists ; and in making addresses could use long paragraphs apparently quoted from English classics. His wonderful knowledge of the titles of real estate in the Virginia Military district gave vast trouble to many a land owner among his contemporaries. It is reported that some timid ones would not purchase any land unless the conveyances included a quit-claim deed from Doug- las. He was a life long member of the Episcopal Church. In his per- sonal appearance, he was short and stout. His eyes were gray, small and deep set in his fleshy face ; and always twinkled with merriment. His brow and upper head were large, well arched and suggestive of intellect.


He died in February, 1852.


Joseph Sill


was born in Grandville, New York, in 1784. He graduated from Middlebury College, Vermont, and entered upon the study of law, which he completed by graduating from the Philadelphia law school.


He came to Chillicothe in 1810 and after the completion of one year's residence in Ohio, began the practice of law which he continued for half a century, although he survived a number of years after having relinquished his business.


Mr. Sill was an accomplished scholar. He ranked second to B. G. Leonard, of all the men who have practiced at Chillicothe, in his attainments in history, mathematics and the classics ; although in law- learning a number have equalled and some excelled him. It was his habit throughout his very long life, to review daily some parts of his




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