History of Norwalk township, Huron county, Ohio taken from Williams' History of Huron and Erie counties, Part 5

Author: Gallup, Caleb Hathaway, 1834-
Publication date: 1879
Publisher: [n.p]
Number of Pages: 194


USA > Ohio > Huron County > Norwalk > History of Norwalk township, Huron county, Ohio taken from Williams' History of Huron and Erie counties > Part 5


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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At the lake shore the Indian guards turned back, and Burt leading his prisoner by the rope, proceeded on his journey. Once Negoneba thought his chance had come to escape, and with a sudden spring, made a bold and desperate strike for liberty, but Burt, who was a large, muscular man, in the prime of life, gave him some vigorous jerks with the rope; and then seizing him by the shoulders, shook him so severely as to effectnaily quell all thoughts of further resist- ance.


They arrived at Marsh's tavern on the 17th of May. aud from there Tupper accompanied them to Nor- walk. Here Negoneba was again searched, and a knife, probably given him by his squaw just before the commencement of the journey, was found se- oreted on his persou. Hed Bart been less watchini and determined, he probably would have followed Wood and Bishop to the happy hunting ground, on a free pass from the hand of this desperate savage.


On Tuesday, the 18th of May, Iste, the court of common pleas commenced it- session in the old court bonse, which then stood where the present court house now stands, but was removed many years ago


£


HISTORY OF HURON AND ERIE COUNTIES, OHIO.


to the east side of " Enterprise Road," afterwards " Mechanic street," now ". Whittlesey avenue," and is the " Central Hotel" . building, kept by A. H. Rose.


Hon. George Tod, father of Ex-governor Tod, was presiding judge: Hons. Jabez Wright. Stephen Meeker and Ezra Spragne were the associate judges. The late James Williams, of Norwalk. was clerk; Lyman Farwell. then of Norwalk, since for many years of Watertown, New York, sheriff: Ebenezer Lane, then of Norwalk, and for many years since chief justice of Ohio, was prosecuting attorney, and was assisted by Peter Hitchcock, of Cleveland, after- ward for many years a judge of the supreme court of Ohio.


The indictment returned by the grand jury against these Indians charges the crime to have been con !- mitted "at Lower Sandusky in the said county of. Huron." It will be seen by reference to Chase's Statutes, vol. 3, page 2,110. that Huron county was set off, February 4th. 1809, as the five western-most ranges of the Connectiont Western Reserve :. being that part called the Fire-lands: By act of January 3ist, 1815 (Chase's Statutes, vol. 3, page 2,120), a portion of the unorganized territory west of the Reserve and north of its south line, reaching about as far west, as the present western boundaries of San- dusky and Ottawa counties, was attached to Huron county for judicial purposes: Lower Sandusky was within this attached territory.


A copy of the indictment found against the three parties charged, taken from the first volume of "Law Records" of Huron county court of common pleas, is as follows:


Fleas before the honorable. the president, and judges of the court of common pleas, holden at Norwalk, in and for the county of Huron and State of Ohio, in the term of May. A. D., 1810.


NO. R --- MAY TERM, A.D., 1819.


STATE OF CHIC) T'S NEGOSHEEE, NEGONFBY AND NEGOSSUM.


Indictment for Murder.


State of Ohio, County of Huron.


At a court of cou.mon pleas begun and hollen at the court house in Norwalk, within and for the county of Huron. ou the eight- inth day of May, in the year of our Lord one thousand eight hundred and nineteen, before the honorable George Tod. president, and Jabez Wright. Stephen Meeker and Ezra Spragne, Esqs., associate judges holding said court. The grand jurors of the State of Ohio, in and tor said county of Huron, to-wit: Henry Jeffry. Tinker R. Smith. Isaac Powers, Elibn Clary, Joon Drewry, Augustus R. Demick, Daniel Curti-, Ezekiel Barnes, James Forman, Charles Hubbell, Reuben Pixley, Henry Barney, Silas G. Strong, William Gallup and Eli Holliday. good and lawful men of sail county, then and there duly returned, tried. impanueled, charged and sworn to inquire for the body of the county of Huron, do, upon their oaths in the name and by the authority of the State of Onio, present and find that Negosheek, an Indian of the tribe Offorras, Negoneby, an Indian of the sail tribe, and Negossum, an Indian of the same tribe, at Lower San- dusky, in the sahl county of Huron, on the twenty-first day of April, in the year one thousand eight hundred and nineteen, not having the fear of God before their eyes, but moved and seduced by the instigatiou of the devil, with force and arms in and upon the body of John Wood, in the peace of God and the State of Ohio. then and there being telomiously, unlawfully, willinty, purposely and of deliberate and premeditated malice, did make an assault: and the said Nego-beek, with a tonehawk in his right band then and there helt, of the value of one dollar, the sapl John Wood, in ami upon the heral of him the said Wood, behind the left


ear of him the said Wood, and also in and upon the left side of the bead over the left shoulder of him the said Wood, then am there telosionsly , unlawfully, willfully, purposely and of his deliberate and premeditated malice, did strike, cut and penerrate, then and there giving to bin the said John Wood, with the tomehawk aforesail. in and upon the head behind the left ear of hien the sail John Wood, and also in and upon the left side of the head and over the left shoulder of him the said John Wood, two niortal wounds. each of the breadth of three inches and of the depth of three inches, of which said mortal wounds the said John Wood then and there instantly died; and the said X-goneby and the said Negocsum, at the time of the committing the said felony and mur- der by the said Negosheek in the manner and form aforeand, unlaw- fully, feloniously, willfully, purposely and of their deliberate, and pre- meditated malice, were present aiding. assisting, abetting, counselling, procuring, helping, comforting and maintaining the said Negocheek the felony and murder aforesaid in manner and form aforesaid to do. com- mit and perpetrate: and so the jurors aforesaid, upon their cathy afore- said, do farther say that the sand Negosheek and the said Negeneby and the sald Negossum, him. the said John Wood, then and there, in manner and form aforesa dl, feloniously, un'awfully, willfully, pur- posely and of their deliberate and premeditated malice, lid kill and murder, contrary to the form of the statute, in such case made and pro- vided, and against the peace and dignity of the State of Ohio.


And the jurors aforesaid, at the term aforesaid. and on their oath atoresaid, in the name ard by the authority aforesaid, do further pre- sent and And that the said Nego-heek, the said Negoweby, and The said Negossum, at Lower Sandusky aforespid .: on the twenty flest day of April, aforesaid, not having the fear of God before their eyes, but moved and seduced by the instigation of the devil, with force end aris in aud upon the body of George Bishop, in the peace of God and of the State -of Ohio, then and there being feloniously. unlawfully, willfully. purposely, and of their deliterate and premeditated malice, del male


an assault, and that the said Negotteby. with a certain tomehawk, of the value of one dollar, in his, the said Negoneby's right hand, then and there hit the said George Biskop in and upon the head of him, the said George Bishop, and also in and upon the breast of him, the said George Bishop, then and there urlawfully, feloniously, wilfully, pur- posely, and of his deliberate and premeditated mali.e, did strike, cut, and penetrate; giving to the said George Bishop, then and there with the tomahawk aforesaid, in and upon the head of the said George Bishop six mortal wounds, of the breadth of three inches, and the depth of three inches each, and also giving to him, the zaid George Bishop, then and there, with the tomehawk aforesaid, in and uyou the breast of the said George Bishop two other mortal wounds, each of the bread of three inches, and of the depth o' six inches: of which mortal wounds the sald George Bishop then and there instantly died. And that the said Vegosheek, and the said Negossum, at the time of committing the last mentioned felony and murder aforesakl, by the said Negoneby. in manner and form aforesaid, uniawfully, felouiously, wilfully. purposely andi of their deliberate and premeditated malice were present. aiding. aberting, counselling and procuring, helping, assisting, comforting and maintaining the said Negoneby the felony and murder last mentioned aforesaid, in manner and form aforesaid, to do. ceunnit, and perpetrat ::: anil so the jurors aforesnid, upon their oaths aforesaid, do further say that the said Negosheek, and the said Negoneby, aud the said Negosxuxa, him, the said George Bishop, then and there. in manner and form aforesail, feloniousty, unlawfully, wandlly, purposely, and of their de Therate and premeditated mahce, dil kill and murder, contrary to the form of the statute, in such case made and provided, and aganist the peace and dignity of the State of Obis.


E. LANE, Pros. _ Attorney.


Upon the back of which indictment appears the following, to wit:


"A true bill Filed May term. 1:19." SILAS C. STRONG, Foreman.


The trial took place on Friday, May 21st. The court-room was crowded to its fullest capacity. and many who could not gain access wera congregated in the front yard. David Abbott, of Avery (the old . county seat), and Samuel Cowles, of Cleveland. appeared as attorneys for the Indians.


On being arraigned and the indienment read and interpreted to them. each plead " not guilty," and Jemanded separate trials.


Negoneba was first pot apon trial. a jury called and he informed of his right of challenge, which he at once exercised by rejecting every red-headed man on the list. The jury finally selected and sworn were


17


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130


HISTORY OF HURON AND ERIE COUNTIES, OHIO.


Josiah Rumery, Ezra Abbott, William Watkins, Syl- vester Pomeroy. William R. Beebe, Samuel Spencer, Moody Mears, Daniel Mack. Royal N. Powers, Daniel Warren, William Speers and Isaac Allen.


The witnesses for the State were Charles C. Tupper, the half-breed Chazee. Abiather Shirley, Barnabas Meeker, and some other, called on minor matters.


The prosecutor made no opening argument. Cowles, for the defense, read some authorities and addressed the jury upon the evidence. Hitchcock, for the State, replied, and upon a charge from the conrt the jury retired, and soon returned with a verdict of murder in the first degrec.


Negoshcek was next put upon trial before the fol- lowing jury: Anthony Beers, Samuel Cochrane, Beckwith Cook, Jacob Hawhn, John Barucy, Samuel B. Carpenter, Gamaliel Townsend, Samuel B. Lewis, Joseph Strong, Jared Ward, Joseph Ozier and Levi Cole. The same witnesses appeared for the State as in the first case; and a like verdiet was rendered.


Negossum, the boy, was then put upon trial, but the testimony was so clearly in his favor that the prosecutor declared he would not further prosecute the indictment against him, and the court ordered his discharge.


Negoneba and Negosheek were sentenced by the court to be remanded to the jail from whence they came, and there remain until the first day of July next, and from thence, between the hours of ten and twelve o'clock in the forenoon of said day, be taken by the sheriff of the county to the place of execution, and then and there, by said sheriff, be hanged by the neck until they be dead.


They did not approve of the sentence of hanging. and asked that they might be shot, but when they fully realized that they should surely be hung, they tried experiments upon each other; one would lie down upon his back and the other would sit astride of him, and with both hands clasped around his neck, choke him until nearly gone, and then let go; when sufficiently recovered, he would slowly arise and sagely shake his head and exelaim. "ugh! no good. no good;" then they would change places, and the compliment be returned in kind, with the sa ue result; it was still " No good, no good."


The day of execution was warm and sultry, At an early hour people began to gather from far and near, dressed in the rude costume of those days: with the men. "buckskin trousers" were common; and one young man, who in coming from Huron had got his (not doeskin eassimere) "breeches " thoroughly wet in passing a creek, found them stretching down to an inconvenient length; he cut off enough to make them right. they continued to stretch, he cut them off again and again: on arriving at Norwalk the hot sun began to dry them and they began to shrink, and kept on shrinking until the bottoms crawled up above his knees, and in that plight he became an object of almost as much attention as the two criminals.


Seven or eight Indians, Ottawas. were present at the exeention, some of them being the ones who had assisted in their capture on both occasions.


The "gallos " (gallows) was erected on the sand ridge just south of Main street, on the lot and nem the site of the residence of A. G. Post, Esq., next west of the Episcopal cemetery.


A rifle company formed one or two years before, of about one hundred men. ander command of Captain Heury Burt, attended the excention as a guard, and to assist the civil authorities.


They marched to the jail. and the prisoners having been dressed in their shrouds, with ropes around their necks, were taken out by the sheriff and placed in a wagon. and, escorted by the guard, taken to the place of execution, when being asked if they had anything to say, Negosheek spoke a few words in broken English, but what he said cannot now be ascertained.


After life was extinet the bodies were placed in coffins.and buried at the place of execution. The civil officers and military company then marched to the house of Capt. Boalt, and were furnished a boun- tiful repast by him, after which a funeral discourse was preached by the Rev. William Hanford, a Pres- byterian clergyman.


Before Negosheek was executed he confessed the murder of six other white men, previous to that of Wood and Bishop.


This was the first important criminal trial in Huron county, and the first execution in Norwalk. Since then there has been only one other execution for murder in Norwalk; that of Bennett Scop for the inurder of a peddler named Jacob Goodman in Green- field township, on the 9th day of October, A. D. 1869.


The cost of the capture and trial of the Indians was a heavy tax upon the new settlement, and the bills rendered are primitive curiosities. Some of them are here given in the original form and spelling:


VOUCHER NO. 660. HURON COUNTY TO JENNINGS. DARLING & CO., DR.


Paid Sasa $12 00


Cabian. 12 00


Paqahkemann. 9 00


James. 9 00


I'ndeno. 9 00


Measseka 9 00


Ogenee 5 00


Thunder $ 50


$49 30


Goods and provisions to Mr. Tupper for going after pro- perty :


$1 50


1 deer skin.


12 feet bed cord .. 19


28%% lb. baccu. 5 33


16 1b. young hyson tea. 91


Paid Indians for going after property as per order of C. Tupper:


1 black silk handk'f. 1 25


31


Leyrd. calico


2 yrd. ribben


3 yrd. plaid .. 1 50


1 bandana baudk'!


JENNINGS, DARLING & CO ..


Allowedl.


Per MOSES FARWELL.


·


131


HISTORY OF HURON AND ERIE COUNTIES, OHIO.


VOUCHER NO. 656.


May 22. Huron county to Charles C. Tupper, one dollar and sixty- two & 1 cents. CHARLES C. TUPPER.


NOTE .- On the back of the voucher is the following.


Charle- C. Tupper deter to Enos Gilbert, for liqur whist on gard, thirteen shilling & sixpence. CHARLES C. TUPPER.


This claim was allowed by the commissioners, and entered on their journal as follows:


To C. Tupper, for services -1 621g


VOUCHER 645. HURON COUNTY TO CHARLES C. TOPPER, DR My services 9 days in apprehendling, securing and delivering the Indians on the first expedition. $36 00


Ditto, ditto, 14 days on the second expedition. 56 00


Cash paid for expenses in pursuit of Indians. 7 00


Ditto, to be paid to Auson Gray for 7 days services in apprehend. ing and securing the Indians on first expedition. 10' 50


Ditto ditto, to Peter Manminin for 5 days service in apprehend ing and interpreting on first expedition 10 00


Ditto, ditto, Thos. Demas, 6 days services for ditto, on second expedition. 10 25


Ditto, ditto, Wm. Austin, 6 days services for ditto, ou second ex- pedition 9 00


$128 75


NOTE .- The following addition to the bill is in the band-writing of E. Lane, then prosecuting attorney:


Two days attending as guard. 2 00


Charles C. Tupper, attending the grand jury three days


1 50


E. LANE, Pros. Att'y. 5132 25


VORCHER 634. COUNTY OF HURON TO JOHN B. FLEMING, DR. To eleven days service to pursue, retake and interpret for the Indian prisoners, @ 84 per day . 841 00 Norwalk, 22d May, 1819. J. B FLAMMOND."


"This is Flammond's own signature and shows the correct spelling ; in all the records it is spelled wrong.


VOUCHER No. 35 (new numbering).


DR. THE HONORABLE THE COMMISSIONERS FOR THE COUNTY OF HURON TO JOHN B. FLAMMOND


2 days services, 20th June and 1st July, as interpreter. $4 00


NOTE. -- This bill was allowed by the commissioners, and entered in their journal as follows:


To Jobn B. Fleming, for services hanging Indian $4 00


VOUCHER No. 17 (new numbering). SWAN CREEK, 11th May. 1819. LIEUT. CHARLES C. TUPPER DR. TO MATTHEW MORELVEY.


May 11. To 30;1 1b bacon, r 2s. : 7 5614


1 qt, whisky, @ Is 50


12. To i qt. whisky. @ 3s. 3716


Money paid Mr. Printis, Ss. 1 00 1 pt. whisky, Os; to 12 pt., Is; to 1 qt., 3s 75 Whisky for your men, 4s. 50 13 To 1 qt. whisky. 3s. Money paid Capr. Henderson, 9s. 1 121%


1 qt. whisky, 3s 3716


Paid Joseph Printis, Ss. 1 00


Rope to bind an Indian, 3s 3.16


14. To 2 qts. whisky 75


$14 3114


Lyman Farwell pay Matthew McKelvey the above amount, and oblige cours, &c., it being articles had on our campaign after the runa- way Indishs.


NOTE .- The use of the "necessaries of life" on the campalen men- tioned in the above bill, were in about the following proportion: One quart of whisky to four pounds of bacon. Hominy, potatoes and lodg- ing were either not necessary, or were thrown in as not of sufficient account to be charged for.


VOUCHER No. 13 (new numbering).


SWAN CREEK, Isth May, 1513.


MR. BOLT DR. TO MATTHEW MCKELVEY


To two gal. whisky. 53 (0)


To two hired hands, three days. Te use of boat saine tilde.


-10 00


MATTHEW MCK ELVEY


VOUCHER 661.


COUNTY OF HURON, DR. TO H. BURT.


To charges in hunting Indians. 24 75


Services in hunting 16 00


May 22d, 1819. HENRY BURT


VOUCHER 6.


COUNTY OF HURON, TO JOHN BOALT, DR.


To nine days services to Pursue Indian Prisoners, w 4S 30 00


Norwalk, 001 May, 1919. 327 00


JOHN BOALT.


VoUCHER 057. COUNTY OF HURON, DR to nine days : ervises on guard over the ingins a dollar a day and night. Norwalk, May the 90, 1810.


D. G RAITT.


VOUCHER 624. GENTLEMEN COMMISSIONERS OF HURON COUNTY : - J. G Thayer ha- served five days as a Guard during this term of Court. LYMAN FARWELL, Sheriff


Norwalk, May 22, 1819. $5.00 allowed


VOUCHER 623


GENTLEMEN COMMISSIONERS OF HIRON COUNTY :- Calvin Bares has served two days in Guarding Prisoners during this term of the Court. May 21st, 1819. LYMAN FARWELL, Sheriff. . 200 cts allowed by Commissioners.


VOUCHER 059 HURON COUNTY TO LYNAN FARWELL, DR.


To paying Guard at Portland 4 50


To Transporting Prisoners 3 00


To cash paid Tupper. $ 31- 212 81


Norwalk, May 22. 1619


VOUCHER 641.


I, JOHN PUMPHRY, do hereby certify that John Hawk and myself did, on the 15th of this instant, take up Nego-sheck, one of the Indian murders and on the 16th Instant. delivered said Indian to the Jailor of Hnron County, for which we the said John Hawk and John Pumphry claim the Reward offered by the Sheriff of said county, it being one hundred and twenty -five dollars. Norwalk, May 20, 1819. JOHN POMPHREY.


Allowed on the above 25 dollar ..


VOUCHER 626.


The sum of twenty-five dollars is allowed Peter Hitchcock for assisting in prosecuting the pleas of the Stare in the county of Huron, at the May term, 1519. By order of the Court. GEORGE Ton. Pres't.


VOUCHER 635. COUNTY OF HURON TO SAMYEL COWLES, DR. To assisting on the trial of Nangeshek, Negonebee aud Negossom as Counsel for prisoners. $25 00


May term, 1819. The above amount is allowed by order of the Court GEORGE TOD, Pres't


VOUCEER No. 36 (new numbering). Allowed to EZRA ABROTT:


July the 1. 1:19 DR. THE COMMISSINOERS OF THE COUNTY OF HURON. To building Gallos 14 00


to two Coffins : 4 each 8 00


to making Srowd 1 00


to one shirt


1 00-521 00


VOUCHER 113. HURON COUNTY DR. TO ALMAN LOOMIS. $1 00


Dr to Diging Grave for Indians.


July 1. 1810. Certified by me. LYMAN FARWELL. Sheriff.


VOUCHER 112 (new numbering). May 4th 1819. COUNTY OF HURON, DR.


To boarding 3 Indians six days 18 days.


They then escaped.


Afterwards Nezasset .. 11 days.


Negunneba 7 days.


Negassuni 1 days.


Rowlin. 8 days.


Downing 6 days.


To the end of May Court. 01 days. = 7 weeks 5 days. 2 weeks.


Two Indians hva weeks four days. . It weeks 1 day. 49 weeks di days.


at two dollars p week.


CHARLES C. TUPPER.


132


HISTORY OF HURON AND ERIE COUNTIES, OHIO.


Two Guards six days. 12 days.


Two


four days


8 days.


Four ..


seven days


28 days


Five. .


two days. 10 days.


Three " five weeks three days.


24 weeks 4 days.


Three oll shirts .. . 1.50


241% weeks at 2.50 per week


1016 11. candles at 2s. od .. 3.09


Meal- for extra Guards. .. . . 5.00


$ 61 38


14 meals for seven Indians .. 3.50


Criminal 41 8736


Whisky to dress the wounds


17 53


of the Indians and extra


Guards 414 Gallons .. . . . . .. 4.25


120 7514


Ending July 1st 1519. $17.53


$120.79.


for LYMAN FARWELL, Sherif. ENOS GILBERT.


NOTE .- For inuch of the information contained in the foregoing ac- count of facts, scenes and incidents attending the murder, capture, trial and conviction, the writer is largely indebted to an article pub- lished in the Fire-lands Pioneer of June, 1945, page 13 Also, to official records and files, and to his own memory of conversation between "Doc. Raitt" and the late Hallet Gallup, in bis hearing when a boy.


REMOVAL OF THE COUNTY SEAT.


In September of 1815, Platt Benedict, then of Dan- bary, Connecticut, came west to prospect for a new home. He stopped to see his cousin. Eli Boughton, then living at Caufield, Trumbull county, Ohio, and was there introduced to Elisha Whittlesey. Mr. Whit- tlesey was about starting for Huron county with Judge Todd, to attend the first court soon to be held at the "old county sent." Mr. Benedict joined their com- pany and came on with them.


The first court was held at the house of David Abbott, and there was a very general dissatisfaction expressed at the location, and the propriety of select- ing another site was freely diseussed. Some person (whose name eannot now be ascertained) suggested that there was a fine sand ridge in Norwalk township that would make a good location.


Major Frederick Folly, of Margaretta township, was one of the parties present at that court: and after the adjournment, he, Mr. Whittlesey and Mr. Bene- dict, started to examine the " sand ridge " with the intention of ascertaining its desirability as a site for the future seat of justice, and no doubt with some speculative design in view. On arriving at the place of Abijah Comstock. they invited him to accompany theii and act as guide. After " prospecting " the site of the future city which loomed up in their "minds' eye," and finding good water (which the opponents of a change of county seat asserted "could not be had in that barren sand ridge"). they turned their steps towards Cleveland, and soon after arriving there, drew up and signed an agreement, the original of which is now in possession of the writer, and is as follows:


payment as shall be agreed on by the person making such purchase, in the following proportions, to wit: The said Frederick Fally one-fourth of the purchase money, the said Platt Benedict, one-fourth, and the said Elsha Whittlesey, one-half of the purchase money. It is, however, mutually agreed that if Mathew B. Whittlesey and Moss White, or either of them if both do not consent and agree to become partners in the purchase, may one or either of them be permitted to take one fourth of the purchase, which is to be deducted from the proportion agreed above to be taken by the said E. Whittlesey, on their agreeing if both consent, or on either of themu agreeing if only one conseats, to become part proprietors in the purchase, to be bound by the cove- nants which bind each of the glove contracting parties, which shall be evidenced by expressing the intention in signing these covenants, with appropriate and fit words to bind him or them to each of the above contracting parties, in which case each of us hereby agree to become bound to him or them. as we shall be to each other in these covenants. We further covenant and agree to and with each other, that on effecting the purchase aforesaid, or a part thereof. in case the same shall include a suitable site for a town, to lay out a plat of ground suitable in extent to the object in view: and in case the seat of justice is removed from where it is now established in the county of Huron, on to the lands which may be purchased in said section as above: or if the legislature should appoint a committee to view for a suitable place to which to remove the seat of justice to, that such part and proportion of said plat shall and may be offered for the use and benefit of the county, for the erection of public buildings as shall hereafter be agreed on by a majority of the proprietors voting by the interest each one may have, the least share counting one vote, and ro increase in proportion to the quantum of interest, in case that quantum shall double to the least share, and so on in the same ratio.




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