Daily British Whig (1850), 18 Jun 1921, p. 1

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ALLEN NOW PLAYING 'DESERT GOLD' tetas faim. A ---- re YEAR 88: NO. 141, -- ---- AGAINST US, Great Britain Will Do Nothing t Detrimental to Uncle : London, June 18.-- Austen Cham- berlain, government leader in the House of Commons, declared in the house yesterday afternoon with re- | gard to the renewal of the Anglo- | Japanese treaty: | "Although I do no: in any way | wish to pre-judge the action of the Imperial Conference, it is right to | say at once that we shail be no party | to any alliance directed against Am- | erica, or under which we can be cai- | ed upon to act against America." | Mr. Chamb®rlain made this state- gnent during debate on the ag®nda for the forthcoming Imperial Con-| ference. { "I think it will be found possible," ®e continued, "to reconcile our de- sire for a perfect understanding and close co-operation with the people of the United States and the continu- ance of our close and intimate friend- ehip with an ally who acted so loy- ally on the occasion when the alli- ance became operative' and rendered such valuable support to the Empire during the war, "That, after all, must be ob- Ject of any British cabinet, any Brit- ish minister or any government of any of the Dominions or India. Sure- Ty, it must be their object to secure such confidence, such an understand- KINGSTON, ONTARIO. SATURDAY, JUNE 18, 1921. fe ALLEN MON., TUES., WED. "THE BIRTH OF A NATION" he Daily British Whig - «AST EDITION ------ di |THE NURSE'S EVIDENCE : IN STILLMAN CASE Testifies About Telegram Sent to Beauvais When Baby Was Born. Poughkeepsie, N.Y., June -18.-<% Testimony saying that Mrs. Anne U. | Stillman, on the day that Guy Still- | | man was born, directed her nurse to | i | telegraph Fred Beauvais in Montreal i a message reading: "Little brown bear has arrived." was reported to have been introduced to-day in the divorce suit brought by James A. Stillman, New York banker, This testimony was given by Mary Olive Gilligan, who was the nurse at Guy's birth on November 7th, mar did not appear that day at the | licspital where the infant was born. ing and such co-operation among the great Pacific powers as may prevent that new competition in armaments of which mention has been made, and to secure the peace of that great ocean and the lands abutting upon it" IAD, WATER MATIERS Are To Have Much Fuller Con- sideration by'U. 8. : Congress Washington, June 18.-- Increased tention is going to be given by con- ess to inland water transportation from this time forth, This is the word that comes Irom prominent 'members. of both houses Who have been giving thought to the general transportation problem of the United States.' The sentiment for intelligent consideration of the inland water tfansportation is especially marked samong some members of the house dnd senate inter-state commerce committees, the committees that have Jurisdiction of railroad matters and which havé therefore been obliged to give study to the shortcomings of the existing rail system. For some years in congress it has been the fashion to criticise the river and harbor bill as a "pork barrel" measure. This criticism in the case of some appropriations has been well- founded but at the same time it has Operated to prevent waterway im- provements that have deserved to be carried ahead. Likewise the criti- cism has been exactly what the rai | roads wanted, in view of the hostility of the roads to waterway develop- | ment. { But the high rail rates, the seem-: ing inability of the railroads to give the service the public demands, and the very evident fact that with the development of the country there will be traffic for both the rails and the waterways, in plenty, are serving to bring about a different attitude in congress toward river and harbor ap- propriations. Many indications are given that congress and the admin- istration are going to try to develap water transportation and correlate it with the railroad transportation. Such projects as the development of the great lakes and St. Lawrence water route, the development of the Mississippl to the gulf and a num- * ber of others that might be mention- ed, acedrding to all signs are going to be given serious consideration by this Congress and efforts made to get them under way and to the stage Where they are not merely subjects for stump speeches and after din- ner oratory. The development of the Erie canal, though this Is a New York state waterway, is going ahead, mgeording to information here, and are to be made to make ef- fective use of it as a channel for a 'volume of traffic, including ~ coal and grain. The whole country about the great kes and throughout the Mississippi "valley is interested in seeing a large amgun of boat traffic go over the ; and get to the eastern coast by or Bt. Lawrence routes. prominent member of the nterstate commission said re. it was imperative that con- transpor- now on. He holds that congress and ned without consideration sh use of the criticism of oe things the rivers and harbor ig Ee loaded down with in WILLIAM MOFFAT General manager of the Imperial Bank, and well-known throughout Can- ada, who died at Pembroke, Ont., aged sixty-seven. ------------------ SINN FEIN ATTACK DEFEATED BY POLICE Crown Force of Twenty-five Put 300 Cutthroats to Rout. Cork, June 18--Twenty-five auxil- iary policemen beat off the forces of three hundred Sinn Feiners * after tierce fighting at Rathcoole last night J4-when. four lorries wers ambushed, Three road mines were set off, putt- ing the lorries out of action, and the attacking party fired upon the police from trenches and walia, They were forced to retire, however, losing one known killed and many wounded. It Is believed that thre® of the aftack- ing party met death during the night. The crown forces lost two killed and four wounded. Reinforcements were rushed to the scene and were search- ing the countryside early today. MINERS MAY URGE A GENERAL STRIKE In Order to Secure Their De- mands--Given One Day Longer. London, Jun 18.--The executive committee of the miners' union, which met this morning to consider the coal strike situation, decided to ask all trades unions affected by the wages dispute to meet the miners' representatives at .an early date with the object of taking national action with the miners to secure their mut- ual demands. Secretary Hodges, ot the miners, said this implied a gen- eral strike if the other unions agreed. The striking miners this morning were given one more day within which to take settlement steps, which will assure them of receiving ten million pounds subsidy from the government to apply on wages. The action of the executive in opening negotiations for the support of other unions, indicates that the subsidy offer will be allowed to lapse. . e Col. Grant W. Morden Buys "Beecham's Pills" London, June 18.--The known proprietary medicine proper- ty of Beecham's Pills hag been ac- quired by Col. Grant W. Morden and his associates. It is understood that tho property, which has not been ac- tively administered of late, will be developed by the Canadian financier, Prior to its resale. : -- The weekly editors are at Regina and enjoying very hot weather. The Leader Company gave them a ban- quet, well [EEE tt 0000000000 ¢ 3 -> * The FOR THE BLIND + Get your subscription in. + date: ; ® A Friend crs nsvanisavai gig Fesssecasensnnne: er MEET WISH OF CANADA 'Sir Samuel Hoare Favors Sep- arate Diplomatic Repre- sentative to U.S. London, June the question of separate Canadian re- | presentation in Washington, Sir Sam- | uel Heare said in the House of Com- | mons yesterday. | "IZ Canada wishes separate diplo- {matic representation in Washington | | ; {1918, and she added that Mr. Stil. | °F Australia or in Tokio, it being an {independent commonwealth, should | be perfectly free to have it. This declaration was greeted with cheers. Sir Samuel said it was solely & question of convenience, and he did not bother himself with the hypothe- tical question of what was to happen if the Canadian ambassador in Wash: ington and the British ambassador there disagreed, or with other hypo- thetical questions not in , the least likely to arise, THE BURIAL OF AN EDITOR Robert T. Lowery, Nelson, B. C., Was Born in Eastern Ontario. Nelson, B.C., June 18.--laid to rest in the city he selected for the honor by the hands of those who like himself were pioneers of the Kootenay, the body of Robert = T. Lowery, late proprietor and editor of the Greenwood Ledge, famed througktout the continent for its aha and humorous editorial comment, | now lies on the hill above Nelson. A beautiful rite, amployed by the Koos- enay Pioneers' Association for the first time was exemplified at this funeral when twenty-five old associ- ates of the early 'days each dropped into the open grave his tribute oy British Columbia fir, with the part- ing injunction "Rest in Peace." Tis was founded on the .ustom of an indian tribe in the Kodtenay-Colum- bia valley many years ago of never passing a certain spot in the narrow trail at the head of the Columbia lakes, where once the men of the tribe died to a man in making a stand against an invasion, without depositing a fir bough, the pile of boughs being always Bréen by this perpetual renewal. "Colonel" Wery's newspaper en- terprises in British Columbia must have been a Zen in number. In the 1903-04 volume of his "Float" which he periodically book form, he stated that to that time "been the father of eight Kootenay papers," adding whimsically that his reward was "still coming up the pike." Since then he is known to have had three, and has probably had more.- Born in - eastern Ontario, young Lowery moved to the Sarnia district with his family at an early age, and his first business venture was a part- nership with his elder brother, John at Petrolia, in a stationery anq newspaper business. On May 26th, 1891, thirty years later, he arrivea in this district. When the townslie of New Denver was auctioned by the government in 1892 he attended the tale, bought some lots and founded 4 newspaper. Almost immediately he moved to Kaslo, which then haa a population of thousands, and start- ed publication of The Claim, staying until the high water of 1894 coin- cided with the decline of the boom. One of the last issues was printed in blue ink to indicate the bleakness of the prospect and gave great offence to the people of that community. Old-timers recall many incidents, amusing and otherwise, of the edi- tor's life, some of which were due to his trenchant comments on current affairs. He had numerous differ- ences with the churches and once or twice with the bench. He was everywhere with the Leyday of mining in the Kootenay- Boundary territory and left lasting word' pictures of those early times. Of late years the "colonel's" column of "Float" was the principal avenue | through which he was known to the general publie, he had. up 18.--Referring to | collected in | THINKS THE WORLD ; BETTER SINCE WAR Former Adviser to Chinese President Talks at Belle- ville on World Topics. | Belleville, June 18.--Dr. John 'Ferguson, a native of this city, and formerly adviser to the President of China, was the guest at a luncheon of the Chamber of Commerce, the Rotary Club and the Lions' Club. It is said that Dr, Ferguson's influence {at Pekin was such that China came into the great war. The visitor was in the city for only a few hours. He recently returned from China, and is on his way back. Dr. Ferguson spoke on Anglo-Japanese and Anglo-Unit- ed States relations. "I believe the.world is becoming better," he said. "The rising genera- tion has less of the bitterness of life, less of the narrow outlook than ever before. All countries now have a na- tional rather than a provincial out- look. That is an achievement of note. | lessening of that loyalty to localities the internationalists hoped for it. I do not see any breaking down of na- tional boundaries; the war has not been at the expense of patriotism or loyalty to home. "We' must recognize in_ all world problems that other peoples must live and must be treated accordingly. The greatest thing to -come out the war," he said, "was the increase in friendly relations between great English-speaking nations, Can- ada is a nation, and Australia is a nation. I never was an advocate of the League of Nations, and I fafl to see its usefulness. The biggest thing {in world interest is greater friend- [ship between Britain and the United States. There is the basis of the peace of the world--out of which the new world is developiag. The Eng- and we must give the credit for this state of affairs to the Englishman, above all others. We have to take our hats off to the Englishman, who will not be ruled except by the law in the making of which he had a part." |Names a Delegation To Negotiate Peace With Irish Factions London, June 18.--In the house of | commons lobby last night it was gen- | erally understood that Premier Lloyd George Will name a delegation to ne- gotiate peace with joint delegations from the north and south of Ireland. Jan Smuts, premier of the Union of | the South Afrita, Lord Grey, Lord | Detby and Major Barnes are named as the selections of the British prem- ler for the task, It is said that the premier is now preparing a firm { ofter as a basis for the new nego- tiations. e THE REVOLT AGAINST DEWART IS REVIVED Section of Liberal Party Is Again Working For New Leadership. Toronto, June 18.----The Mail and Empire says: Ontario Liberals through leaders are tentatively planning a provincial convention some time this fall, but the fact that the opening of the convention will probably start a free-for-all over the leadership, is placing a damper on what would otherwise be a fair measure of en- thusiasm--for Ontario Liberals. The failure of the Tolmie-Curry revolt about a year ago against the leader- ship of H. H. Dewart--a revolt that ended in the disappearance of Mr. Curry from the ranks and the capi- tulation of the Windsor member-- put an end for a time to the move to get rid of Mr. Dewart, but rebel- lion is bubbling again, A report was sent abroad yester- day that the reorganization of the party machinery which was started & year or more ago, and was en- trusted to a special committee of leading Liberzls, was carrying on its work without consulting Mr. Dewart at all, 'and that by degrees the Lib- eral leader was being thrust into the cold, dark outdoors from which, in due time, he would see the light and scnd in his resignation, Mussumvey- FOR SIMS niin, } | Congress Flooded With Letters Fav. . 3 CE -- Sudbury, June 18.--As the result yesterday of the oring His Speech. Washington, June 18 --A new fac- tor hag entered the lists on behalf of Admiral Sims and as a result belief [grows here that he will either not 'be punished for his famous "jackass" speech, whe be returns, or merely [be given a formal reprimand, which {will be lenient. 'Great numbers of letters are pour- thg into Congress from different sta- tes; the pd number of whicn [4 are reported Donergsmen to bs favorable to Sims. Some letters from the Middle West are even de- claring for Sims for President in 1924. This flood of letters will make it difficult, it is believed here, for Becretary Dendy to take any severe Heel ------------. x 3 aid $100,000 damags when Block, at Sombra, Ont., destroyed ox Friday. ; {I cannot discovery since the war, any | the | lish race as a race is the most united, | their RED FORCES AT ERZERUM | Sent By. Moscow Soviet Goy- . . ernment to Aid Turkish Nationalists. Paris, Jun 18.--Russian Bolshevik forces, sent to the assistance of the Turkish Nationalists by the Moscow | Soviet government, are at present sixty miles west. of Erzerum; the former capital of Armenia, says a Reval despatch to the Excelsior. These forces consist of two divisions of infantry, one division and one bri- gade of cavalary, eight batteries of field guns, one battery of heavy 1cannon, several planes and necessary [technical units. | Italian Battleships at Adalia. | Constantinople, June 18. --Two {Italian battleships have been sent to |Adalia to protect Italy's interests | there. Italian troops along the Men- | deres river, south of Smyrna, are be- | ing withdrawn so that the Greeks {may not invade the demareation [line between the Greek and Italian |. zones as they did last year, of | -------- MEDICINE HAT ELECTION |The Voting Will Take Place On June 27th. | Medicine Hat, Alta., June 18.--In |tke huge federal constituency bf Me- {dicine Hat, which measures 192 miles by 77 miles, an important bye- election is being contested by Col. Nelson Spencer, candidate of the Na- | tional Liberal.-and Conservative party {and Robt. Gardiner, candidate of the United Farmers of Alberta. Polling is on June 27th, It is estimated that there are about 15,000 voters in the constituency, of whom about ome third are in Medicine Hat City, and the population is sbmewhat cOoSmopo- litan, with a considerable number of Scandinavians and Russo-Germans. There is a good deal.of speculation concerning the outcome, and both candidates are confident of success. The Liberal and Labor parties are not putting representatives in the field. The candidates are carrying on energetic campaigns, addressing pub- lic meeting and building up organi- zations as complete as is possible un- der the circumstanees. NEWS OFF THE WIRES IN CONDENSED FORM Tidings From Places Far and Near Are Briefly Recounted. King George is resolved to pay a visit to Ulster. Crisis is impending in Dutch cabi- net over new army bill. Anti-Bolshevik troops are reported | to have captiired Omah. | The United States house insists in {a cut in the size of the army. | Allied experts are discussing meang for converting German bonds, President Harding favors recipro- cal provisions in the U.S. tariff bili, Deer chased by a dog into Halifax runs into fence and breaks its neck. Mrs. W. P. Loupe, St. Thomas, dies of sleeping sickness, after two weeks illness, . German farmers are to deliver 2, $00,000 tons of grain to the govern- ment. A debate took place in the British {house on the Imperial conference agenda. Eugene La Plante, restaurant keep- er at Niagara Falls, missing since Sunday morning. Port Arthur public school princi- pals and' women assistants agree to 10 per cent. salary cut. Sarnia merchants were victimized with supposed government cheques to the extent of tl .masands of dol- lars. -- - td Statements obviously. inspired oy Lord Northcliffe, are printed in Lon- don newspapers that' he is retaining control of the Times. The village of Bancroft was visit- ed by a very serious fire Streadwick's and Dalyeas flour mill and D. M. Fuller's woollen mill were consumed with loss of all their contents. The war debts of the allies to the United States will be paid by Ger- many through the medium of "recon- struction bonds." The bonds will be based on Germany's indemnity pay- ments. Voting to stand by their parishion- ers for better or worse in what they believed will be a period »f after the- war reaction, Anglican clergy of the diocese of Rupert's Land, assembled in synod at Winnipeg, refused to grant themselves an increase in stip- end. ------ i, $82400004080040000 + FAMOUS U-BOAT SUNK * + AT TARGET PRACTICE 4 # Cherbourg, France, June 18. ¢ % --The former German super # #* submarine Deutschland, which + # in 1916 slipped into' Baltimore 4 # harbor from Germany ' after ¢ % daringly running the gauntlet ¢ # of British and Freneh cruisers ¢ + standing guard off the Virginia # # capes, was sunk by. gun fire : yesterday during target practice * $eee000093004000s) CAN'T FIND MIZTEC TO BLOW UP WRECK Morrell's Captain Thinks It Went to Pieces and Is Sand-covered. | | Sault Ste. Marie, Ont., June 18.-- {The barge Miztec, sent to the bottom {of Lake Superior, near the "grave- {vara of the lakes," at Whitefish { Foint on May 13th, has (vanished | from the spot where it sank to the | bottom, . {| Capt. H. G. Fisher of the United States revenue cutter Morrell re- turned after an exhaustive search for two days for the wreck. Capt. Fish- er's theory is that the Miztec broke | up as it lay on the sandy bottom with Lite heavy cargo of salt, and that the debris has since been covered with sand. The Morrell had beep detailed to 80 to the scene of the wreck and | blow it up. No traces have been found of the {bodies of the six missing members | the crew. ! TO REAR A BABLET | | To the Memory of Edgar Allen Poe on His Grave. | Paris, June 18.--Count de Byen | Kahn, young Polish artist, poet and | archeologist, will place a bronze tab- let executed by himself to the mem- ory of Edgar Allen Poe on the Am- erican poet's grave June 25th. The tablet is the gift of more than 2,000 literary men and women of France, members of the French Literary Soc- iety and the Alllance Francaise and {bears the inscription "To the Mem- ory of Edgar Allen Poe, eternally dear to the hearts of his French friends, this small tribute to his gen- fus is dedicated." The Count, who is an enthusiastic sportsman has been requested by sev- eral athletic clubs to present Georges Carpentier with a French flag in the event of his defeating Jack Dempsey in the heavy-weight championship bout. ------ DIPLOMATIC DANGERS IN JAP PRINCE'S VISIT Dutch Newspapers Consider That Holland Is in Diffi- cult Position. The Hague, June 18.--Although hitherto reticent regarding the as- pects of the Japanese Crown Prince's visit, the Dutch press is now unani- political and economical importance attached to his stay in Holland, Noth- ing definite is stated as to possible agreements or understandings, but it is naturally concluded that the Dutch East Indies will be the subject of any discussion that may arise from it. It is even rumored that Japan wants to use the Dutch airdromes in the East Indies in return for certain guarantees to those colonies. An effort will be made to smooth over the unfriendly relations exist- ing between the two countries for some years, made acute during the war, owing to constant fear for the colonies. Prince Hirohito thanked Queen Wilhelmina warmly for the visit of the Dutch warships to Japan in 1919. The Nieuwe Rotterdamsche Cou- rant remarks that, owing to the geo- graphical position of her colonies, Holland must remain friendly with {Great Britain and the United States, |as well as with Japan, but it says [that the fact that Holland is the only neutral country visited by the Jap- anese Prince indicates that she is an important factor in the Far East. It regards European visits as a break in the isoldtion of Japan and as the opening of a history and a strength- ening of the natural bonds of sym- pathy, The first visit of royalty since the and enthusiasm here, The Socialist papers Het Volk and the Vryzinnige Democrat, however, remark that the elaborate reception to Prince Hiro- hito, coming after the recent ignor- ing of America's request for oil con- cessions, creates a singular anti-Am- erican impression. These papers refer to the British-American fight for the control of the world's ofl production, linking up 'the approaching prolon- gation of the British-Japanese alli- ance," with the international oil question. ------ Belleville Cheese Board Favors Factory Inspection Belleville, June 18.--The Belle- ville cheese board have placed on rec- ord their opposition to an act author- izing the inspection of all cheesg at Montreal, claiming that inspection at the factory was more satisfactory, Which has been proven in this local. fly. The board is of the opinion # [that cheese. makers would not guar- antée the quality of cheese after it hed left the factory, and that 1t % [would be difficult to get cheese mak- ers. The delay and confusion of waiting for payments of cheese un- til the report of quality had been sent back would be a source of an- noyance and loss. The board decid- ed to send a deputation from every factory to Ottawa to interview the minister of agriculture in person. ---------------- Canadian soldiers still in France, getting lonesome, want to come mous in calling attention to the great |. war has aroused tremendous interest | THE MAGUIRE APPEAL CASE | The Court of Appeal Finds © Verdict of Jury Was | Reasonable. The following is the judgement of the First Divisional Court of Appeal, Toronto, on the Maguire case, heard on 14th of June: Peter White, K.C., for the defend- ant, appellant; A, B. Cunningham, for the plaintiff, respondent. Ferguson, J, A.: Appeal by the defendant from a judgment of Roge, J., entered on the verdict of a jury, whereby he directed that the plain- tiff recover agalast the defendant $15,000 damages, on a claim for allenation and criminal conversation. The jury awarded the plaintiff $15,000 damages, dividing it $5,000 for alienation, and $10,000 for adul- tery, The grounds of appeal are: (1) The verdict is against weight of evidence. (2) Improper admission of evid- ence, ? (3) The damages are excessive. I have carefully read the evidence, and am of the opinion that there was svidenca: on which the jury could reasonably arrive at the conclusion that the defendant had alienated tHe affections of the plaintiff's wife, and had been guilty of criminal conversa- tion. I am also of the opinion that the objection as to the improper ad- mission of evidence cannot be suse~ tained. It is based on the proposi- tion that the plaintiff improperly gave evidence of the defendant's fin- ancial position, without alleging or endeavoring to prove that the defend- ant had used his fortune as a_means to iplishment of the de- bauchment of the plaintiff's wife. This, on the authority of Butterworth v. Butterworth (1920) 1 P.D. 128, it is argued, was improper. The evidence objecied to is found at pages 96 and 97 of the transcript of the proceedings. the Questions Properly Asked. This evidence was not submitted or admitted for the purpose of dis- closing to the jury the financial cir- cumstance of the defendant, but for the purpose of explaining prior liti- gation referred to by the defendant counsel in his cross-exa out that the effect of the plaintift's counsel pursuing this line of ques tions would be to improperly disclose the defendant's financial position and objected, the plaintiff's counsel de- : sisted, I am of the opinion that the questions were properly asked, for the purpose of explaining the plain- tiff's motive in the prior litigation be- tween the parties, and that if the manner of questioning and the nature of the answers had the effect or tend- [ed to have the effect now stated hy the defendant's counsel, it was the duty of the defendant's counsel to | have objected earlier, and that it is now too late to complain. This brings us to the third objec- tion, i.e, the verdict is excessive. . Paragraph 15 of the Statement of Claim reads: "After the arrival of the plain- tiff's wife at Kingston in February, 1919, the defendant set himself to work to allenate trom the plaintiff the affections of the plaintiff's wife and. succeeded in the said attempt, and during the years 1919 and 1920 not only continued the said aliena- tion, but during the said period held criminab-gonversations with the plajn- tifi's wife and committed adultery with her on several occa: 8, where- | by the plaintiff's hoe] was finally | broken up and destroyed! and where- by the enjoyment of the soclety, af fection, comfort and services of his sald wife were forever lost to, the { plaintife." | -------- Appellant's Claim, Mr. White, for the appellant, con tends that while there might be two wrongs done to the plaintiff, (1) by alienation, (2) by adultery, the loss: resulting from both wrongs was the same, le. loss of consortion, that the amount of damages awarded for such loss might be increased or de- creased, according to the circum- stances; increased by evidence of the means used and resorted to by the defendant to bring about the loss of consortion; decreased by showing the character and conduct of the plain. tiff, and of his wife, and by other circumstances tending to show that the consortion, the loss of which complained of, was of little or no value to the plaintiff, but that there could not be two sets of damages, and that the trial judge by jury mis- conceived the basis on which damages should be assessed; that there would be a reduction of damages, or a new trial. : In Bannister. v. Thompson, 3 O.L.R. 34, this court held that th gist of the claims for (1) inducing and harboring, (2) alienating, w identical, i.e. loss of consorting, that there could be only one a . ments Mr. White contends that {i Butterworth case, and the authoriti y therein considered and reviewed support his proposition that the gi of the action in the three claims, | Bome.. 4 (Continued On Page 7)

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