USA > Vermont > Grand Isle County > History of Franklin and Grand Isle counties, Vermont : With illustrations and biographical sketches of some of the prominent men and pioneers. > Part 21
USA > Vermont > Franklin County > History of Franklin and Grand Isle counties, Vermont : With illustrations and biographical sketches of some of the prominent men and pioneers. > Part 21
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His manner was pleasing, grave and serious ; his language strong, measured and temperate, not designed to amuse by sallies of wit, or to startle by paradox, but to instruct and convince. To the younger members of the profession, especially if timid and em- barrassed, he was always polite, kind and encouraging, and would never allow them to be thrust aside by their more impudent and overbearing brethren. When he expressed legal opinions he gave his own thoughts ; not merely the sayings and doings of others. His written opinions will be received as authorities upon legal questions, and appre- ciated as the most perfect specimens of judicial literature. In deliver- ing opinions he said all that was necessary for deciding the case before him and nothing more."
Bates Turner .- The incumbency of Judge Turner on the bench was
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HISTORY OF FRANKLIN AND GRAND ISLE COUNTIES.
during the years 1827 and 1828. He succeeded Judge Stephen Royce at the time first mentioned, and was himself succeeded by his prede- cessor in the fall of 1828. Judge Turner does not appear to have gone through the formality of admission to the local bar, nor to have been conspicuous in the affairs of either town or county ; only as having rep- resented the town of Fairfield in the legislature of 1813. Bates Turner was born in October, 1760, at Canaan, Conn., where he received his early education ; and where, at the age of sixteen, he joined the Ameri- can army and served during the first war with Great Britain. His legal education was acquired at the law school in Litchfield, Conn., and there he became one of the legal profession. In 1798 he came to Franklin county, locating at Fairfield, with the belief, it is said, that the county seat would eventually be located there ; but being mistaken in that in- pression he came to St. Albans and entered into active practice. In 1804 he formed a law partnership with Asa Aldis, which relation con- tinued for some time, and until Mr. Turner removed to Fairfield. It was during his residence at this place that Mr. Turner achieved his greatest prominence, for he opened a law school and turned educator, fitting students for the legal profession, thoroughly and with much dis- patch. In this particular relation Mr. Turner became quite famous, and his name and high repute spread throughout the region ; and it is said that no less than 175 students were graduated from his institution, or at least that that number entered it with the intention of becoming law- yers. In 1812, seeking a wider field of operations, Mr. Turner went to Middlebury, for the purpose of opening a law school, but his success was quite indifferent, and he soon returned again to Fairfield and, in 1815, to the county seat. Here he practiced until 1827, when he was elected to the Supreme Bench, serving two years. After his term upon the bench Judge Turner resumed practice, and so continued until the burden of increasing years compelled his retirement. Bates Turner died April 30th, 1847.
Asa O. Aldis, the next succeeding Franklin county incumbent of the Supreme Court judgeship, was born in St. Albans, on September 2d, 18II. The early education of our subject was acquired in the district school of the village, and at the age of about twelve years he was sent to the French college at St. Hyacinthe, Canada, where he stayed seven
William le Wilson
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months. Then returning home he fitted for college at the St. Albans Academy. In August, 1825, young Aldis entered the University of Ver- mont, and was graduated in 1829. He then began a course of law study in his father's office, and attended the law lectures of Judge Turner at St. Albans. In April, 1831, he entered the Harvard Law School, re- maining during that year, and in January, 1832, went to New Haven and entered the Yale Law School, where his studies were continued till June, when he returned home.
At the September term of the Franklin County Court, in 1832, Mr. Aldis was admitted to the local bar. He at once commenced practice at the county seat, and so continued until. October, 1857, when he was elected judge of the Supreme Court of Vermont, serving thereafter in that capacity for a term of eight years; and then, on account of the ill- health of his family, he resigned his office September, 1865, and decided to change his place of residence. Upon his resignation Judge Aldis was appointed consul at Nice, in the south of France. He resided abroad for five years and then returned to this country. In March, 1871, General Grant, then President, appointed Judge Aldis president of the Southern Claims Commission, upon which he moved to Washington, taking up his residence there that month, and where he has ever since resided. Judge Aldis at once entered upon the duties of the commis- sion, which continued until March, 1880, when it expired. In this lat- ter year the United States and the French Republic by treaty established a commission for the settlement of French and American claims, and President Hayes appointed Mr. Aldis a commissioner on the part of the United States. The appointment was made in July, 1880, and he held the office till the term of the commission expired-in April, 1884.
William Campbell Wilson was born in Cambridge, Vt., July 12, 1812. He remained on his father's farm until the death of the latter, and attended the district school until his eighteenth year, and then went to Jericho, Vt., and attended the high school for two terms. He had not the means of acquiring an education except that earned by teaching school and working on a farm. He commenced reading law while teach- ing school, but soon afterward entered the office of Hon. Homer E. Hubbell, of Fairfax, where he remained some time and until he became a student in Judge Turner's law school at St. Albans. At the Septem-
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HISTORY OF FRANKLIN AND GRAND ISLE COUNTIES.
ber term of the Franklin County Court, in 1834, Mr. Wilson was admit - ted to the bar, he then being twenty-two years of age. He at once located for practice at Bakersfield, and there remained until elected to the Supreme Bench, in October, 1865.
While residing in Bakersfield Mr. Wilson was closely identified with every measure having for its purpose the improvement and building up of the town ; was one of the projectors of the Bakersfield North Acad- emy, established in 1844. He also built a Methodist church and a hotel in the town. For many years before going on the Supreme Bench Mr. Wilson had a large and lucrative law practice in Franklin and Lamoille counties ; and in 1850, in connection with his regular professional work, he established a law school in Bakersfield, at which a large number of students were fitted for professional life. Mr. Wilson was state's attorney in 1844 and '45 ; assistant judge of the County Court in 1849, '50 and '51 ; a member of the State Constitutional Convention of 1843 and 1850 ; state senator in 1848 and '49; and member of the lower House of the legislature in 1863, '64 and '65. He was judge of the Supreme Court from the time of his election, in 1865, until December, 1870, declin- ing further service on account of failing health. In 1871 .Judge Wilson moved to Rochester, Minnesota, where he lived until his death, April 16, 1882. Although his health was much improved by the change in place of residence he was not able to engage in active practice after leaving his native state. Upon the death of Judge Wilson his remains were brought back to Bakersfield for burial.
Homer E Royce, the recent chief judge of the Supreme Court of Vermont, and nephew of the late Judge Stephen Royce, was born in the town of Berkshire, on june 14, 1821. At the age of eight years Homer was left to the care and instruction of his uncle, who was then on the Supreme Bench of the state, and in whose family he was brought up. For a time he attended the common district school of Berkshire, and afterward came to St. Albans and became a scholar in the academy, boarding for the time in the family of Bates Turner, for whom he worked and did chores in payment for his living. After one term at St. Albans young Royce went to Enosburgh, and there attended the academy about two terms. Having thus laid the foundation for his ed- ucation in the common schools and academies before mentioned we
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next find our young man entering upon a course of law study under the direction and in the office of Thomas Child, of Berkshire; and in April, 1843, at the term of the Franklin County Court, he was admit- ted to practice as an attorney of the court. But it appears to have been the custom of all young practitioners, and some older ones, perhaps, to in- dulge slightly at least in politics, and to aspire to political office. To this custom Counselor Royce seems to have been no exception, for in 1846, and again in 1847, he was elected to the lower branch of the state legislature, representing the town of Berkshire; also, from 1846 to 1848 he was state's attorney for Franklin county. In both of these po- sitions Mr. Royce fulfilled the duties incumbent on him to the entire satisfaction of the people he represented. In 1849 and '50 he was elected to the higher branch of the legislature,-the state Senate,-in which body he was placed on some of the most important committees.
Having now been incidentally engaged in politics, as well as contin- uing in the active practice of his profession, and in no manner neglecting it, and having become established as one of the leading young lawyers of Northern Vermont, we find Mr. Royce stumping the district in the interest of Hon. Alvah Sabin, then a candidate for Congressional honors; and not only that, but in 1857 Mr. Royce himself was the nominee of his party for the office of representative in Congress, to which he was duly elected, and in which he served two terms, being re-elected upon the expiration of his first term. In 1861 Mr. Royce returned from Washington, resumed his professional work, and at the same time assumed the care and management of his farming interests in his native town. Again, in 1869, Mr. Royce was elected to the state Senate, and during the same year moved to the county seat to reside. In 1870, during the legislative session of that year, he was elected by the legis- lature to the position of assistant judge of the Supreme Court, in which capacity he continued until 1882, when he was chosen chief judge of the court, a position he still holds.1
Register of the Franklin County Bar, showing names and dates of admission of applicants :- February term, 1797, John Mattocks; March,
I Since the above sketch of Homer E. Royce was written it is learned that he declined a re-election to the bench, although the position was his had he desired it. However, his retirement was justly earned, and he leaves the highest judicial office in the state with as much of honor as any of his predecessors in the chief judgeship .- EDITOR.
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HISTORY OF FRANKLIN AND GRAND ISLE COUNTIES.
1799, Eleazer W. Keyes ; March, 1801, Ebenezer Marvin, jr .; Novem- ber, 1801, Heman Allen (of Milton) ; March, 1802, Roswell Hutchins, John P. Williams; March, 1803, Asa Aldis; August, 1805, Abner Morton ; August, 1806, Cornelius P. Van Ness; February, 1807, Eleazer Miller, William Brayton, Benjamin Spencer; August, 1807, Isac Warner, Asahel Langworthy, William H. Cooley, Francis Davis ; August, 1808, Benjamin F. Prentiss, Elijah Wollage, Warren Loomis, Elijah Lovell, jr., Augustus Burt, Joseph D. Learned ; February, 1809, Azor Wetherbee, Oliver Hubbell ; August, 1809, Gardner Child, Daniel S. D. Houghton, Stephen Royce, jr .; January, 1810, Sanford Gadcomb ; August, 1810, John W. Young, Augustus Young, John Smith, Joshua K. Smedley ; January, 1812, Jeremiah Everts, Nathaniel B. Eldridge, Stephen Brown, Chauncey Brownell ; August, 1812, James Davis, Jacob Collamer, David M. Camp, Jabez Parkhurst, Davis Stone, Coggswell H. Himes, Truman A. Barber, John Brunson, William Noble ; January, 1813, Gustavus V. Willard, Luther B. Hunt; August, 1813, Luther Hunt; August, 1815, Joel Clapp, Amos Blodgett ; November, 1817, Darius S. Barlow, Origen D. Richardson ; November, 1819, Orlando Stevens ; March, 1821, Albert G. Whittemore; September, 1821, Stoughton D. Richardson ; September, 1822, Rodney C. Royce, Joshua W. Sheldon, David Read ; March, 1823, Charles Linsey, Calvin C. Waller ; March, 1824, Levi Joslin ; November, 1824, George F. Porter, Henry Adams; March, 1825, Gideon O. Whittemore; September, 1825, Norman L. Whittemore, Joseph H. Brainerd, Ebenezer Barlow, Anson Soule ; April, 1826, Charles Russell; September, 1826, Orrin W. Butler, Guy C. Sampson, Sidney Smith, Herman R. Beardsley ; April, 1827, George W. Foster, Erastus D. Hubbell, Nathan Allen ; Septem- ber, 1827, Homer E. Hubbell, Marshall P. Witters ; April, 1828, Julius Rice, Frederick Hazen ; September, 1828, Nathan S. Hill, Aaron S. Beaman, Samuel Sumner, jr .; September, 1829, Samuel P. Bascom, Homer F. Redfield; December, 1829, Rodney D. Hill ; September, 1830, Pallas Phelps, John R. Skinner; April, 1831, George Allen, David A. Smalley ; September, 1831, Solomon Wires, Barnwell D. Bassford, Jerome J. Beardsley, John J. Deavitt ; September, 1832, Asa O. Aldis; April, 1833, Horace P. Johnson, Romeo H. Hoyt; Zebulon M. P. Spaulding ; September, 1833, Levi B. Vilas, Lyman Y.
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Gillett, Josiah Turner, jr., Artemas B. Larabee, Hannibal H. Gould ; September, 1834, William C. Wilson, Harlow P. Smith ; April, 1835, Jasper Rand, J. Allen Barber; September, 1835, Stephen D. Brown ; April, 1836, Lafayette H. Nutting, William A. Boardman ; September, 1836, John S. Royce, Madison Scott, Douglass A. Danforth ; April, 1837, Ezra W. Sherman ; September, 1837, Benjamin Peake ; April, 1838, Jesse Carpenter ; September, 1838, Isaac B. Bowdish, George W. Brown; April, 1839, R. S. M. Bouchette, Henry E. Seymour ; Sep- tember, 1839, Jackson Nutting, Thomas Child, jr., Norman Boardman ; September, 1841, John Gregory Smith, George F. Houghton ; Sep- tember, 1842, Alonzo E. Searles ; April, 1843, Homer E. Royce; Sep- tember, 1843, John G. Saxe, Edward W. Nichols, Daniel G. Sawyer, Hiram B. Smith, Bryant Hall, Lorenzo A. Babcock; April, 1844, Heman S. Royce; September, 1844, Corydon Beckwith, Lucius E. Chittenden, Henry G. Edson, James Saxe ; April, 1845, Bushrod B. Howard; September, 1845, George G. Hunt, Martin W. Sargeant ; April, 1846, Patrick H. Cooney; September, 1846, Daniel B. Hale, Jonathan J. Marvin ; April, 1847, Hubbell D. Bogue, Orlando F. Stevens ; September, 1847, H. C. Wilson, John A. Child ; April, 1848, Albert Searles ; September, 1848, Amherst W Stone, Joseph A. Cutler ; April, 1849, Benjamin Allen ; September, 1850, Lucas X. Stannard ; April, 1851, James S. Burt, Alexander P. Hodges ; Septem - ber, 1851, Chauncey H. Hayden; June, 1852, William H. Hoyt; Decem- ber, 1852, Azro B. Chaffee, John Lewis, Henry A. Burt, Newell Hib- bard, Benjamin E. Crocker ; June, 1853, Thomas H. Baker, Daniel W. Ellis, Lyman A. Ellis, Brainerd Babcock, Phineas V. Swan ; June, 1854, Myron Buck, Oscar F. Perkins, Cyrus Twitchell, Elverton Claflin ; December, 1854, Henry Clay Adams, Loren H. Edson, William P. Wells ; June, 1855, Ebenezer M. Smalley, Charles Soule, Solomon S. Burleson; June, 1856, John K. L. Maynard, William Lockren; June, 1857, William D. Wilson, John B. Abbott, Ira S. Blaisdell ; April, 1858, Edward A. Sowles; September, 1858, Martin B. Rugg; April, 1859, Julien H. Dewey, Garland Pollard, Romeo H. Start, Dana R. Bailey, Jeptha Bradley ; September, 1859, Walter D. Crane, Norman F. Wood; April, 1860, Ashton C. Dixon, Henry I. Armington, Myron W. Bailey ; September, 1860, Alfred L. Smith, Daniel Dutcher, Milton R. Tyler,
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HISTORY OF FRANKLIN AND GRAND ISLE COUNTIES.
Charles M. Start ; September, 1861, Chester W. Witters, William W. Shepard, Jeremiah Everts, George A, Ballard, Henry D. Bailey, George W. Burnell, Guy C. Noble; April, 1862, Alex. W. Chilton, William S. Blaisdell ; September, 1862, George W. Newton, Willard Farrington, Clinton S. Kinsley, Charles C. Colton ; April, 1863, Ira W. Clark, Truman F. Hackett ; September, 1863, George C. Ellsworth; April, 1864, John A. Fitch, William D. Tyler; April, 1865, Charles A. Rogers; September, 1866, Chester F. Nye, Edward H. Powell, Isaac J. Rochus- sen ; April, 1867, Ralph O. Sturtevant, Edward J. Tyler, Henry R. Start, Charles R. Saunders; September, 1867, William R. Hoyt, Alfred G. Safford, Franklin McIntyre, Josiah H. Adams ; April, 1868, Anson S. Ladd; September, 1868, Felix W. McGettrick; April, 1869, Crom- well Brown, Albert P. Cross, Joseph H. Montefiore, Hartson F. Wood- ward, Waldo B. Worthing, George G. Smith ; September, 1869, Alanson A. Kendall, Oscar D. Scott; April, 1870, C. G. Austin ; September, 1870, William R. Rowell; April, 1871, Mason B. Carpenter, Walter Wakeman, Wilder A. Wheelock; September, 1871, Albert D. Tenney, George C. Brainerd; April, 1873, Harry E. Rustedt, W. D. Stewart, Alfred A. Hall, G. D. Field; September, 1873, Charles J. Rowell ; September, 1874, Hiram F. Stevens; April, 1875, Armstong Taylor, Homer E. Powell; September, 1875, George T. Mooney, Loren H. Edson ; April, 1876, Nathan N. Post, B. C. Hall, George W. Burleson; September, 1876, Alexander W. Hogan, H. A. Burt, F. E. Alfred, D. G. Furman; April, 1877, William Keyes ; September, 1877, F. W. Smith, H. B. Leavens, E. Curtis Smith, Otis N. Kelton, W. H. Fair- child ; September, 1878, P. Coleman; April, 1879, Frederick S. Tupper ; September, 1880, F. M. Northrup, M. S. Gates, Reed Buck, George E. Edson, J. H. Minnus, E McFeeters, W. B. Locklin ; April, 1881, H. M. Furman; September, 1882, A. K. Brown; April, 1883, M. H. Alexander, I. B. Spooner; October, 1884, Stephen L. Halliman; October, 1886, Eugene A. Ayers, Isaac N. Chase, Hiram P. Dee, Charles Douglas Watson; October, 1887, Ezekiel A. Ashland, Homer Charles Royce ; October, 1889, Alvah H. George; October, 1890, Edward B. Flynn, Daniel Steele.
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THE PRESENT BAR.
Of the present bar1 of Franklin county he who now occupies and most worthily fills the highest judicial office of the state undoubtedly stands at the head; but a preceding portion of this chapter has already suffi- ciently mentioned Homer E. Royce, wherefore nothing further need be said in the present connection.
Silas Platt Carpenter, the senior of the present assistant judges of the Franklin County Court, was born in the town of Richford, January 3, 1821. His life has been passed mainly in his native town, where, during his youth, he attended the common schools and worked in and about his father's store and other business enterprises. For a time Mr. Carpenter attended the academy at Enosburgh, and afterward engaged in mercan- tile pursuits, and so continued until about 1854. In 1861 he was ap- pointed deputy collector of the customs department at Richford, and held that position until 1885. Three times Mr. Carpenter represented his town in the Assembly, and for two years was one of the senators for the county. In 1885 he was appointed by the governor as assistant judge of the County Court, and was thereafter elected in 1886, '88 and '90. In 1875 Judge Carpenter was one of the founders and corporators of the Richford Savings Bank and Trust Company, was elected its first treasurer, and has ever since held that office.
William Howard Stiles, the colleague of Judge Carpenter on the County Court bench, was born in Enosburgh, June 21, 1823. His early education was acquired at the district schools and the Enosburgh Academy. In 1846 he moved to Montgomery and engaged in the man- ufacture of butter tubs, a business with which he has ever since been connected, either directly or indirectly. In local affairs of the town Mr. Stiles has been quite prominent, having held the office of justice of the peace about thirty-five years, has been lister and selectman, represented the town in 1858 and '59, and in 1872 was elected to the state Senate. In 1888 Mr. Stiles was elected assistant judge, and re-elected in 1890.
John James Deavitt was born in Brunswick, Rensselaer county, N. Y., May 3, 1808. In 1820, with his parents and their family, John came to Milton, Vt., where he lived and attended the district school until he be-
' Arranged, so far as possible, in order of seniority of admission.
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HISTORY OF FRANKLIN AND GRAND ISLE COUNTIES.
came eighteen years old. In 1826 he came to St. Albans and entered the academy, and also a part of the time taught school in the vicinity. In 1828 he secured an appointment at the United States Military Acad- emy at West Point, but was compelled, on account of poor health, to resign. Returning to St. Albans, Mr. Deavitt commenced the study of law under Stephen C. Royce, and also attended Judge Turner's lectures. In September, 1831, he was admitted to practice. In February of the next year the young counselor went to Troy, N. Y., and practiced for a time, but soon returned to St. Albans and went into practice there. From 1837 to 1853 Mr. Deavitt lived and practiced in the town of Franklin, and during ten years and more of that time was customs offi- cer at that point. Since 1853 he has been a resident of the shire town. In 1860 he was appointed postmaster at St. Albans, and held the office two years. In 1874 he was a candidate for the office of municipal judge, but through some political methods was, as he relates, counted out ; but in 1875 he was unanimously elected, and declined an offer of re- election in 1876. Judge Deavitt is and for years has been an active Democrat; nevertheless he was elected to office in a strongly Republican town. Although past his 82d year Judge Deavitt is still in active practice.
Jasper Rand, more familiarly known as Judge Rand, was born at Greensboro, Vt., August 17, 1811. He became a member of the Franklin county bar in April, 1835, and from that until the present has been recognized as one of the profession in the county, although for some years he has been out of active practice owing to the infirmities of his advanced age. During the many years of his practice in this county and vicinity Judge Rand was recognized as one of the prominent mem- bers of the profession. The firm of which he was for some time a member was styled Edson & Rand, and later Edson, Rand & Cross.
John Gregory Smith was born in St. Albans, on July 22, 1818. He was educated at the St. Albans Academy, and in 1834, being then six- teen years old, entered the University of Vermont, taking the regular classical course, and was graduated in 1838. After that he read law in his father's office for about a year, and then, for a like period, attended the law school at New Haven, Conn. He was admitted as an attorney of the courts at the September term in Franklin county in 1841. His practice commenced at once in association with his father, under the
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firm style of J. & J. G. Smith, which relation was continued until the death of the senior member in 1858. Soon after that event our subject suc- ceeded to the vacancy occasioned by his father's death, in the receiver- ship of the Vermont Central and Vermont and Canada Railroads, with which roads, in one capacity or another, he has ever since been connected. J. Gregory Smith in 1858 and '59 was a senator for Franklin county ; in 1860, '61 and '62 represented the town of St. Albans in the Assem- bly ; was speaker of the House in 1861 and '62 ; and in 1863 was elected governor of the state, and re-elected in 1864. After his appointment as receiver and manager Governor Smith practically relinquished the general practice of his profession, but continued in it in connection with the duties of his office.
Henry George Edson was born in Swanton, January 2, 1822, and was the third of eight children born to Seth and Lydia (Clark) Edson. Henry G. Edson was educated at the Swanton Academy, and afterward read law in the office of Judge Stephen S. Brown, of St. Albans, and later with Smalley & Adams, of the same place. He was admitted to practice at the Franklin County Court at the September term in 1847, and has since resided and practiced at the county seat. During the many years of professional life Mr. Edson has been associated with a number of law firms: first, with Orlando F. Stevens, under the style of Stevens & Adams, which continued some five or six years; next, with his brother, Loren H. Edson, followed by a partnership with his son, also named Loren H. Edson, a young man of much promise, but now deceased. Next Jasper Rand and Mr. Edson practiced as a firm, but in 1877 Albert P. Cross was taken into the office, the firm style then being Edson, Rand & Cross. In 1881 Judge Rand retired, and the firm became Edson, Cross & Start, Henry R. Start becoming a member of the firm at that time. This partnership was dissolved January I, 1884, by the withdrawal of Cross and Start, whereupon was restored the style of Edson & Edson, George E. Edson becoming the junior partner. Henry G. Edson has been in active practice since 1847, a period of forty-three years and more ; and his attention has been directed to his profession rather than to politics, the only office of importance which he has filled being that of state's attorney, during the years from 1855 to 1857. Political honors have awaited Mr. Edson, but he has been without aspirations in that direction,
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