The New York Herald Newspaper, December 18, 1878, Page 8

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g SHERIDAN'S TROUBLE Mark Hoyt Claims to Own the Kil- lona Plantation, BUTLER TAKES AN EXCEPTION. Judge Wallace Confesses His !gnorance of Louisianian Law. ‘The proceedings in the suit of James E. Whalen nd General Sheridan were continued yesterday, be- fore Judge Wallace and a jury, in the United States Cireuit Court. Neither General Sheridan nor his brother, Lieutenant Colonel Sheridan, were present. ‘The only witness examined was Mr. Mark Hoyt, ‘who continned his testimony from the previous day, and said that Whalen’s note for $30,000 to Morgans was delivered up by him to Whalen on the latter making a new note to witness for the same amount. ‘The original note was dated December 5, 1965, and ‘was payable six months after date. The second note ‘was dated November 24, 1866. On the second note ‘Whalen confessed judgment, and a levy was made on the personal property on the plantation. The levy ‘was made in November and continued until Decem- ber 29, when the property was released by replevin. In the meantime witness entered into negotiations with Whalen and Morgans for the purchase of the property on the plantation. He bought the property at the amounts named in a bill of sale or memoran- dum, and witness went on the plantation on the 29th of December, 1866, and the property was delivered to him by Whalen ana Morgam. Witness then said:—I stated to Mr. Slater the pur- chase and he approved of the sale that I had made to Dennie & Lewis; John H. Slater was in possession of the perscmal property on the Killona plantation, and he held for me, with the exception of twelve mules, in which he claimed half interest; he held it in that ‘way until the seizure under the sequestration of the court; Iwas in possession of the plantation jointly with Slater under the Morgans & Whalen contract until January 1, 18967; I then secured a lease and took possession of the property. A long argument here ensned as to the production of this lease, which was already in the case in the shape of a copy, for showing the character of the property that Whalen hed testified to. General But- ler contended that it was not in for the purpose of proving possession. Mr. Beckwith replied that under the laws of Louisiana the copy was good except ‘it could be proved that the copy was a forgery. Tadge Wallace said that as Mr. Beckwith stated that the law of the State of Louisiana was that the origi- nal lease never left the office of the notary, who was a public officer, except on the order of the Court, who can order the notary to produce it if the copies pro- duced in the court are supposed to be forgeries, he would ask Mr. Beckwith to be sworn and state that asa witness. He (the Judgo) knew nothing about the Jaws of Louisiana; he bad never studied them and hoped that he sould never have occasion to. Mr. Beckwith was then examined by Mr. Woodford ‘nd cross-exanained by General Butler upon this statement, and waid that he had examined into the custody of the original of this lease and found that the who had the custody of it was dead and the original was in abound volume. He hsd com- pared the copy himself ana placed his initials upon the copy. LOUISIANA NOTARIES. In the conrse of the examination Mr. Woodford asked the witness how many notaries there were in Louisiana, aud General Butler interposed and said, “Oh, just as many as ther® are saloons.” The Court said that it had great doubt what Louisi- ena law was, but he was di! Public document and would so admit it. ‘An exception was taken by General Butler. Examination of Mr. Hoyt resumed:—The lease luced is acopy of the lease; in January, 1867, I ‘went into possession, and jons were inade for the crop of 1807; there was about fifty acres of seed cane upon Lge persia Morgan Morgans, Jr. and Mr. Whalen told me so; this cane had been cut off the roots for planting on the 2ist of January, 1867; the came is cut down and laid up in furrows and covered up with earth; that fifty acres was pone for caged ae ae latter part of january e beginning of February, 1867; one acre of plarrting will plaut five acres; the planting ‘was completed before the injunction on the Condon etoss bill, and was conducted at my expense; I ad- ‘vanced $1,000 to Mr. Slater to pay the freedmen, but whether that money went to remove the sugar to ‘the levee at New Orleans I do not know; 1 sent uj man named Fielding to oversee the plantation w Itook the lease, and afterward I went up myself; Mr. Brousard was subsequently overseer and a gen- eral manager under my direction; there was a Geputy marshal on the place to see that none of the ersonal property was removed; I retired from the ona plantation when the cross bill was filed; there ‘was no agreement between Slater and |, in writing, after I took possession of the lease; when I informed Mr. Slater that I had bought ont the interest of Morgans and Whalen; I then explained to him that 1 would carry out the agreement in good faith squarely and thoroughly; that agreement ex- isted until tailed to pay the rent and he took sides against me in the litigation with Griffin and —_ the rent that was not paid was the rent of 1806; nght a judgment against Whalen and Morgans from ‘Temple Taylor, and in that way | paid the rent of pomae| have the subrogation of judgment and pro- duce was admitted and read. It was for $5,700, and was dated January 21, 1867. ‘tness resumed .—It was done the same day as the ease was ex¢-cuted; the agreement between Slater and me ceased af ter he had filed his bill in the Griffin and Porch suit; Slater did not then remain on the planta tion after thie injunction until I went im on the order of General {sheridan ; up to that time I bad expended several thonsand dollars on the plantation; I paid « man nametl Ridge about $90 tor clearing out ditches. MORE ABOUT SHERWDAN'S ORDER. Q. Now, tell theCourt and jury, Mr. Hoyt, what you @id when you received the order of General Sheridan. A. Lweaton the plantation with the Sheriff anda young man who was a clerk of the District Court; I cannot hie name, but I know that he was the clerk, I filed with him a bond for $50,000; also Morgan Morgans, Jr., and Thomas K. Johnson: we arrived at the plantation early in the morn- ing, and as we were going up the stairs to the door of the porch we met Mr. Slater and Mr. Condon apparently coming out from breakfast; the Sheriff said to both of them that ne had an order trom General Sheridan which he desired to read to them, and be proceeded to read it; while this was being done Mr. T. Deacon and # young inau of the name of Lewis came forward and put in an ce; Mr. Deacon and Mr. Condon immediately proceeded to nd had them removed to the levee; om kk their trunk Mr. led to get up the mules, which were g the plantation, and when he got them together he turned the property over to the Sheriff aud the Sheriff turned it over to me; I found J. H. Slater exercising control over this persoual property; 1 did not see any one else exercising auy control over it; Leww Broussetd there before we ieit the house, and betore Mr. Slater left he got the property up; I did not see anything of Whalen; when I first went in there I was told that he was there; I did not see Whalen while the mules were being delivered over; he was not present when the order was read; there waa &n inveutory of the property made at that time by Morgan Morgans, Jr., myself and Mr. Slater; it was not # formal inventory; the agricultural implements ‘were not ineluded; the mules were included as the anvet valuable part of the personal property; I went to the sugar house and found the molasses there which were there at the tune [left the place; 1 de livered the sugar to my agents, Donnis & Davis; I de livered to them 447 hogsheads of suyar and sixty-five barrels of asses; Whalen Was noton the pianta- tion to my knowledge from the @ist of January, 1567, tothe time of the Vondon injunction in March, 1067; he might bave been on the plantation without my kuowiny it; be did have a right to remain on the plan- tation; be had charge at that time; I had agreed with him that he should operate that plantation and that I should pay the expenses; Morgan Morgans, Jr., was to have the control of the plantation and J was to fur- nish the money for carrying it on. WHAT HOYT KNOWS ABOUT SUGAR, I did not take possession of the sugar in the sugar house; the sugar Was barrelled out and carted to the at my expense; this way done by my agent, i Whalen was uot on the y agreement, except that wh described, after January 21, i807; there never was any suit brought, to my kuowledge, by Whalen ayainat me; 1 know the value of t yp or the pian: tation in Aw , 1967; 1 have ¢ sunte current of what the sngar was sold for in New Orleans; they were sold for the hig could be ob- tained; the sugar was soid by ( ortescue, w Orleans; the value of th molasses, and what they were sold for, was $ by the Court—i do not know what the mari ef sugar per pound was at 1 only knew it from the prices eurrent ‘The Court ruled that ail t vidence ae to the valne vf the sugar aud molasses must be stricken out, as it was secondary evidence only. Mz. Woodford then took the witness in hand and and price w Orleans at that time; endeavored to get from him what he knew of the valueot the crop trom his dealings with it in New Orleans, but no other result was obtained than the repetition of the statement that of his Own personal Knowledge he did 1 now the value of the snyar. Cross-examined by General Buatler—I was engaged in 1864 in the hide and eather business, in New York; J remained in that business in 1466, with my partner; I went South in 1865; | had quite an amount of cash st that time to earry on a plantation with, and it was certainly aot les than $00,0; 1 first operated on isposed to regard it ass | the Hard Bargain plantation, in Madison county, Miss., aud I had an interest in another cotton planta- tion; in the Hard Bargain plantation I cannot tell the amount I invested; 1 know that it was $20,000 at least; Morgan Morgans’ interest in the Hard Bargain plantation was one-third of the net results; he never had any title in it; I went down to this plantation from New York in November, and Morgans and I went from the Hard Bargain plantation; I think it was on the 22d of November, 1866, At this point the Court adjourned until this morn- ing, at eleven o'clock, RAILROAD REORGANIZATION. MEETING OF THE FIRST MORTGAGE BONDHOLD- ERS OF THE NEW YORK AND OSWEGO MID- LAND BATLBOAD. A meeting of the firat mortgage bondholders of the New York and Oswego Midland Railroad was held yesterday at the Delaware and Hudson Canal Com- pany’s building, in Cortlandt street, to take action on the proposed compromise of differences between the holders of receivers’ certificates and themsglves and to make such modifications in the bondholders’ agreement, made May 14, 1875, as might be necessary if the proposed compromise were approved. Mr. L. H. Meyer occupied the chair and Mr. C. P. Choate acted as none Bonds to the amount of $5,053,000 were represented and voted unanimously for the fol- lowing resolutions:— Resolved, That we, a majority of those asseating and parties to the ugreement of May 14, 1875, do hereby alter, modify and change said agreement and plan as follows = The committee or trustees named in said agreement, or » wajority of them or their successors having purehased said mortgay ines directly or indirectly, are hereby au- thorized t 7 ou . tially upon the Fird—-The successor company to issue not exceeding euch, matari $200,000 in bends of $500 hin from date, at seven per cent per anni wing principles :— payment of the same by a mortgage uj ‘entire property Of the sue 75 000 of bonds, or eo many of th ay be necessary, or the proceeds derived from a sale of the same, are to be applied to the payment of the cost and expense attending upon the litigation con- cerning the railroad and its foreclosure and and the Cost and expenses of organising s succeseer Fi com> any. Pe rond—The successor company to issue a preferred stock, not accumulative, on which six per cent per anntun is to be first paid out of the vet earnings of the company for each current year after said $200, of bonds have been paid, principal and interest. The tags: ge stock so to be issued Niall Ue aved in paying, dollar for dollar, ‘she receiver's debe Third—The successor company to iasne » common stock su ficient in amount with which to pay the principal and all Unpaid coupons from the first mortgage bonds, dellar for cvilar, aud apy other claims which said committee or trustees think it for our interest to pay in that way Fourth—The said committee or a majority of them may art thereof, wud may bay said mortgaged premises o: title thereto in their own ‘absolutely in form, bas shall convey the saine to th easor company to bs organized by thom. The committee are authorized 40 wake any arrangements with other persons to furnish the money which may be roguived to buy the mortgaged premises, and to pay such portion of the purchase money as will be re aired to pay the holders of the undeposited receiver's Tent or the unassentiug bondholders or buth, and may give, hem furnish suid Ur if the committee themselves or any of tl money, the committee may pay such parties or themselves luay rocetve as a consideration therefor sueh amount of the $200,000 of bonds and of the preferred and common stock as would otherwise go to the holders of said receiver's debt, | or non-aseen| it mortgage or both, if such holders had deposited the same with suid committec. ‘Sizth—The trustees or committee are hereby authorised to agree to give the securities to such of the holders of said receiver's debt and unpaid coupons spirertis trangia 1, 1373, a8 assent bereto and deposit their claims with such trustees before the hearing of tho aj | taken to the United States Supreme Court, ive of what the de- termination of that court and the appeal may be. The meeting then adjourned until Saturday, when they will hear the report of their committee, which will confer with the committee of the holders of re- cetver’s certificates to-morrow, for the purpose of ar ranging the details of the plan of reorganization. ST. MARY STAR OF THE SEA, ‘The fair in aid of the Church of St. Mary Star of the Sea, Court street, near Luquer, Brooklyn, was opened last evening in the lecture hall of the pa- rochial school house adjoining the church. The church, which was built twenty-six years ago, 1s one of the handsomest edifices in that city and is heavily in debt. There is a fine school attached to it, which has adaily average attendance of about eleven hundred children, wno are taught by the Sisters of Charity snd the Francisean Brothers. This school receives mooutside assistance and but comparatively few of the scholars are aying papils, To help pay the floating debt Bev. taaee "Loughlin, pastor of the church, invited the co-operation of the ladies several months ago in arranging for the fair which is now open. The hearty response with which he met was attested by the crowded appearance of the hall and the tables last evening. ‘There are eight tables, which present a rich array of silverware, tea sets and house- hold articles. There are oil paintings of the pastor and of his assistants, Rey. Peter McGuire and Rey. L. F. Toner. Suits of parlor furniture are also there to be had, and last, but not least, there is an imported Irish jaunting car of the most approved Belfast and Dublin pattern. ‘The tatr will remain open for two weeks, HELPING THE CHILDREN. The forty-second anniversary of the Society for the Relief of Half Orphans and Destitute Children in the City of New York was commemorated last evening in the asylum, No. 67 West Tenth street, tne venerable Charles Butler presiding. The exercises were opened @y the entrance of some two hun- dred chubby faced children of both sexes, clean and healthy, marching to the mo sie of “Onward Christian Soldier,” and taking their seats with remarkable military precision. Rev. Dr. Bevans, of the Brick Presbyterian Church, and the Rev. Dr. Courtney, assistant minister of St. Thomas’ (Fifth avenue), delivered the principal ad- dresses, which were mostly directed to the under- standing of their youthful suditors, whose replies to the moral and Scriptural queries and alge pounded exhibited an intelligence which owed the care that had been bestowed upon their education. The musical portion of the exercises were under the direction of Professor G. W. Pettit, and were quite vr to the highly respectable audience present Daniel P. Lord read the managers’ annual rt, from which it apy that the asylum is 4 a flourishing condition, although the receipts had some measure falien off during the past year. The health of the children has been good, and their educa- tion and their tempo. as well as their spiritual and physical welfare, duly care ot. AN UNFORTUNATE LADY. A very respectably dressed lady, was brought before Judge Otterbourg yesterday at Jefferson Market Police Court by Officer Mulcahey and one of the employés of the Domestic Sewing Machine Company in West Fourteenth street. She was accused by the latter of having stolen a lace handkerchief from the counter of one of the sales- rooms in an.upper stary. The complaint alleged that the lady, who said ber residence was in New Jersey, was sitting near the counter and when the clerk’s head was turned brushed this handkerchief into her lap. He bad her arrested and searched, and a tidy, alady’s morocco pocketbook ands plain scarf were found on her person. Judge Otterbor after hearing held her in to answer. The Indy went into the prison and was followed there shortly afterward by a Henaxp re- porter, who found her sitting disconsolately on the stairs of an upper tier in the women’s prison. She is @ ladylike, timid little woman, of forty-five years, told her story to the reporter in a sort of way. She said she cangbter and had made several pu accident happened. The lace handkerchief might or might not have been swept into her lap. At any rate, she was as much astonished as suy one else could have been, She was she said, taken into an elevator somewhere by the officer, who insisted upon unbuttoning her dress and feelii in her bosom for other articles, She says ahe begy: him to leta — who stood near by, search her, but he refused and mortified her by his conduct. Her daughter, who is over twenty years old, was separa: from her, and she anxioosly awaited her. The lady related that she lived near Newark; that her huebend, a man of weaith, is in Karope. About six o'clock a gentleman*appeared with the young lady, her daughter, and proceeded to Judge Utterbourg, Who was in his private poom, and gave bail for the prisoner's appearance for trial, POULTRY ‘THIEVES CAPTURED. For a long time thetfarmers in the vicinity of Hicks- ville, L. L, have beem losing their poultry, princi- pally tarkeys and chickens, and every device to catch the thieves faiied, On Sanday night a great number of chickens and turkeys were stolen from Solomon Jackson and Mra. Titus, at Jericho and Westhyry, and (hey were traced to the house of John Gobhardt. A colored man named Peter Thompson quar- relled with his wite and beat her, whereupon she ran onse denouncing bim as a chicken i to Thompson's arrest, on the order of vho hal for some time suspected bin, seed to the Judge that he had been i the robberies, and gave as the names Gobbardt, George Reinhardt but Gobharct was arrested in his house. He lived sione in @ little house in an unfrequenmted locality, and im the floor was found @ trap door leading to a cellar which he had excavated si! residing there. In the cellar were found some dressed turkeys and live chickens. Thompson said that in this collar all the stolen poul- try had been concealed and prepared for market. Gobhardt paid the thieves $1 apiece for turkeys and six cents & pound for the chiekens. Me sold them in the New York markets, keeping a horse and wagon to bg to market, and going by night and returning by day. Judge Davis sentenced Thompaon to sixty days and Gobharit to six montha’ itgptieonment 10 the ‘Kings County Penitentiary. MISS FANCHER, A REPLY TO DR. HAMMOND-—-WHY THE INVALID GIRL MAY DO ALL THE BEMARKABLE THINGS ATTRIBUTED TO HER. To rae Eprron or THe HenaLp:— Dr. Hammond's attitude toward the phenomenal case of Miss Fancher, as illustrated 1m his challenges through the Heraxp, seems to be fairly open to crit- icism, If not wanting in proper courtesy and sym- pathy toward the afflicted young lady, which is an open question, it is at least antagonistic to certain well established medico-paychological facts, about which there can be no question, It is the province of science to deal with facts, without special reference to their significance, or to the theories to which they may give rise or with which they may conflict. And it cannot but be well known to the learned gentleman that transposition of the senses does undoubtedly attend certain abnor- mal conditions of the brain and nervous centres, And that there is a law of compensation which enables certain unfortunates who are deprived of the ‘use of the ordinary senses to obtain impressions and knowledge through unusual channels is a fact too well known to be called in question, The annals of medicine abound in such instances, What special object can then be subserved by magrerns these Possibilities in Miss Fancher's case? It has been known for years that even the partial trance which is induced by the mesmeric process will sometimes call into action the same abnormal mental powers which uently characterize certain diseases and injuries attended by super-excitation of the brain and nervous centres. The writer, a 0, met with a case of this kind in the city of Troy, N. ¥. A lad, still in his “teens,” while in this induced trance state and blindfolded, frequently read sealed missives that were placed in contact with his forehead. The lad’s family being Catholics a well known clergyman, who is still resid- ing in that city, was called upon to witness an exhi- bition of theso extraordinary powers. After due investigation he became satisfied that some super- human agency must be concerned in the production of the phenomens, He forbade a ion of the experiments on the ground that they might come within the ory of necromancies, which are for bidden by the Church. In my own practice I have met with phenomenal cages similar to Miss Fancher’s—none of them, how- ever, being of such au extreme, super-senstous nature, or of a character where the material being had become so entirely subordinate to the spiritual. In one well marked ease of catalepsy the functions of the auricu- Jar nerves were transferred to filaments, permeating the surface of the gastric region. The sense of hear- ing seemed to be transferred from the ears to a cer- tain spot on the abdomen. Careful experiments established the fact. ‘The limits of a newspaper article bar me from citing numerous and ample illustrations of this truth. These can be ered in abundance from the experience of any old and observant physician or from the records of any medical library. I have not seen Miss Faucher, and would shrink trom int on her or from subjecting her to imperti- nent investigation or coarse ex) enon, even, it she were willing to submit to such an 0) |. While being well aware of the perverse and irrational deceptions peculiar to certain forms of hysteria I am well satisfied, from the statements of an to the mortal Ican well believe t her mental vision and powers have become transcendenta] in the same portion. She has no motive for deception and can have no de- sire to convince any one that she is notafraud. I hope that her friends will disregard all such chal- lenges to publicity and never let her know that she has been made the subject of such coarse discussion. Miss Fancher is peacefully and calmly awaiting death as @ release trom physical suffering. She is shrunk to a mere shadow, her abdominal organs being wasted to almost nothin; . This last should make the fact of her incapacity to consume food in ordinary quantities apparent enough without aresort to the cruel trick of surreptitiously administering an emetic to demonstrate it. What does Dr. Hammond want us to believe? Must we set aside all practical ex: , as wellas the traditions of Christianity and every other form of re- ligion known to ancient or modern times? Has not fasting, physical suffering, purity and innocence of life, and the entire subjugation or extinction of all animal appetite, ever in the past enabled mortals to burst the o1 bounds of the senses in the pur- suitof spiritual or other truths? Has such disci never enabled any to peer beyond the boundaries ofthe grave into a life bey: ? Isthere no such thing as intuition, or inspiration, or revelation, or communion with a spirit world? Have we ever had any seer, or prophet, or saint, or holy men orewomen who have been exalted above their fellow creatures by piety, or suffering, or natural endowment, so that they could hear and see and know of things unseen, unheard and unknown to others lesa morally puri- fied? Or must we eschew all such possibilities and come down to the plane of materislism—to everyday fact and sensuous know! only? I was there once, It is a ‘y, barreng for- lorn place to stand. I even published an essay to demonstrate that there was no other place where I I escaped. I Apostle’s creed, which teach us, not only of the exist- ence and attributes of God, but of the communion of saints” and of “life everlasting.” MH Brooxixnm, N. ¥. PROFESSOR PARKHURST ON READING SEALED ENVELOPES, To rwe Eprror ON THE HER: Itis only with the first two sentences of Dr. Will- iam A. Hammond’s letter on Miss Fancher’s case in the Hznavp of Saturday that I have personally to do; but before taking up that point I will make one or two suggestions upon the remainder of his letter. ‘When Galileo discovered the moons of Jupiter in his telescope Ican imagine a sceptic calling him a hum- bug of the most decided kind, and declaring that unless he would show four moons to the planet Venus to acommittee of three members of some society he must consent to be denounced as an impostor. It is in vain that Galileo replies that Venus is too near the sun to be seen, or that the object glass of his telescope has become tarnished and needs repolishing, and that his health will prevent his repolishing it at present, ‘Here is another star just as bright,” says the sceptic, “and I will give you half an hour for the test and three weeks to make up your mind.” “Bat,” says Galileo, “1 nover said that anything could be seen through my telescope, and I don’t care whether you believe if or not. If my friends who have looked through the telescope profess to have seen anything that is for you to settle with them, and not with me, I am too sick to trouble myself about it.” better parallel to the demands made ingen mgs Fancher would be found in the case of astronomers who ahould go to Lescarbault, after his announcement that he seen the planet Vulcan in transit, and demand of him to show the planet to them or submit to be called a humbug. ‘when the planet wonld again be in transit, and if he should find it again it would be gone before astrono- mers could be notified and come and see it, Now, 1 do not know whether Miss Faucher will at- tempt to read the contents of asealed envelope under different conditions from any former attempt. If she should undertake it and fail it would only show that the difference in the conditions made it impossible. As in the former test, Miss Fancher kept the first en- velope that I prepared, the smaller envelope reterred to in my letter written at the time, six months be- fore she was in ® condition to attempt to read it, which was one reason for my prepari: a new one iu June. I should not anticipate that at a time like this, when she is hardly left an hour for her mind to get in repose, she could repeat the test within any given time. In the meap- time 1 am left as the only witness now in the city of the only complete test that, so faras1 know, has been made. My testimony, given in the HenaLp of November 30, may be properly questioned upon two grounds. Pirst—That I am not sufficiently well known for my testimony to be received implicitly, because it was peers hie we for Dr. Leigh and myself to col- Jade with Fancher to deceive, Nothing that I oon ong will diminish the strength of this objection ‘It is uot through my fault or my neglect that persous of worldwide reputation have not been able to testify ae Thae It not sufficiently am suffici an expert to kuow whether a sealed envelope has or has not been opened, and that is the iseue raised by Dr. Hammond and the issue which I feel called upon to meet. In space of four dimensions wathematicians tell nis that a closed surface can be turned inside out; but the practical application of that principle would be a greater wonder than clairvoyance iteelf. When the four flaps of an envelope are united by ageal I know of only two ways to open the envelope—either by tie disturbance of the seal, releasing one of the flaps, or by the parting of the paper. Of course, it 4s very easy to open the envelope without disturbing the seal, for that is exactly wnat I did myself after it was returned to me. But my friends and myself were satisfied, not,oniy that the seal had not been dis- turbed, but that the paper had not been parted. If Dr. Hatnmond considers it @ very easy thing to do, perhaps he will be able to do it himself or to ffud some one to do it for him, and L will, therefore, pro- pose the following test, subject to any reasonable modifications :— I will prepare and seal up three or more in the same manner as before, which shall be num- bered. These sealed envelopes shall be placed in charge of a committee of three or more suitable per- sons, who shall deliver to Dr. Hammond one of them. This envelope shail be opened in the presence of the committee, reclosed and returned to them. They shall then place this en with the others and re- turn the whole to me. If I fail within three days to = which of the envelopes was opened I will admit that my former test was insufticieut, Or if Dr. Hammond will etate any possible mode in which the contents of the envelope conid be ascer- tained without and without disturbing the seal or the envelope, he will make the test I have pro} unnecessary, ‘This offer will remain open for acceptance until twelve o'clock M, December 31, and if not taken uj by that time, let us hear uo more of Dr. Hummond's opening envelopes and read: their contents with- out disturbing the seal. HENRY M. PARKHURST. 173 Garks AVENUE, BROOKLYN, Dec. 16, 1878. RIFLEMEN IN A QUANDARY. THE FUTURE OF THE NATIONAL RIFLE ASSOCTA- TION DISCUSSED—WILL CREEDMOOR RANGE BE GIVEN UP? The great difficulty of access to the Creedmoor Range has for a long time been the cause of much complaint among the riflemen residing in this section of the country, and during the latter part of the shooting season just expired the various matches were attended with but little success, while numerous entries were made in all the matches at Brinton Range. At the last meeting of the directors of the National Association Colonel E, H. Sanford proposed that an effort ‘be made to obtain a new site for a range in some more convenient locality than the present one, and a committee was appointed to attend to the mat- ter. Several proposals have come from various quar- ters for the establishment of the range. One comes from Staten Island, another from the neighborhood of Coney Island. All offer superior advantages. General Martin |. MacMahon, who was tormerly treasurer and is now a life member of the National Ritle Association, told the reporter yesterday that he thought the association ought not’to own any range. He advocated the holding of the spring meeting at Brinton, as it would be much more convenient to riflemen their friends to go there than to Creed- moor, and it would show more national spirit on the part of the association. General John B. Woodward, the State Inspector of the National Guard, and « director of the National Rifle Association, was aaked what he thought of sell- the Creedmoor eo and ghee the Na- tional Rifle Association into a central legislative body, and he replied :—‘1 think it must come to that at last. ‘That is the idea conveyed in the title of the associa tion, and that has always been its aspiration.” Ho specially favored the proposition to hold the spring meeting at Brinton. . ‘The matter will come before the directors for dis- cussion at their next meeting. CANADIAN RIFLEMEN, Orrawa, Ont., Dec. 17, 1878, The Canadian marksmen to compose the Wimbie- don team for 1879 have been selected and are as fol- lows:—Lieutenant Colonel Gibson, of Hamilton; privates Morris, of Hamilton; Wheeler Ogg, of Wel- lington; Captain Todd, of Ottawa; Sergeant J. Mitchell, of Hamilton; Lieutenant Adams, of Hamilton; Corporal Gray, of Ottawa; Cay tain Anderson, of Toronto; Lieutenant Cruit, of Toronto; Dr. Aikens, of Toronto; Pri- vate Bell, of Toronto; Captain Thomas, of Quebec; J. Palen, of St. John, N. B.; Sergeant Bishop, of Heli- fax; Captain Cooper, of foronio; Sergeant Reddell, of Montreal; Lieutenant Corvin, of Hatifax; Private Mills, of Toronto; Private Wanna, of Montreal, and Sergeant Hunter, of St. John, N.B. Thirteen are from Ontario, three from Quebec, two trom Nova Scotia and two trom New Brunswick. PIGEON SHOOTING. The Nessus Gun Club assembled at Dexter Park, Jamaica plank road, Long Island, yesterday, for their monthly handicap contest for the champion gold badge and a dinner. Teams of seven men cach (in- cluding two gentlemen of the Brooklyn and Long Island Gun clubs) were selected to take part in the shooting for the dinner. The mambers whose scores were even shot off for the badge. The teams were captained by Messrs. L. H. Smith and William Garrett, and each contestant shot at 6 birds. The teams under the management of Mr. Smith won the mstch by killing 25 birds to their op- ponents 19, Messrs. J.T. Van Wicklen and Mr. Smith each killed 4 out of 5 birds, thus making a tie for the badge. They settled the question at 3 birds. Mr. Smith killed all of his birds, while Mr, Van Wieklen only killed 1, The afternoon was very chilly. The dinner was served ey at the club house adjoining the grounds at five P. M. The following are the details of the two above events and a sweepstakes :— DEXTER Pang, Jamaica Puanx Roan, L, L—Pickon Snoormsc—Torspax, Dzo. 17, 1878.—The monthly handici soot of Nassau Gan 1 Club for the chain. m- pion an 3 Bhot for at each, Led Post distance, 50 yards hag ticaat f 1 A ounces of shot, H and T traps and the Long rules to govern. SMITH'S TEAM, Killed, Missed. 6 0 4 1 4 1 3 2 3 2 3 2 8 2 Totals.......... 25, w Durfee... 2 «++ 5 0 3 2 3 2 3 2 2 3 2 3 1 4 25 yards Hee ne n $18; di- vided, is ae ey Missed. 3 0 3 0 2 1 2 1 2 1 2 1 2 1 1 2 *Divided the noney. Reterce, Mr. Knox. TROTTING AT NEWPORT, BR. L (ex TELEGRAPH 10 THE HERALD.) Kewrorr, Dec. 17, 1978. NEW YORK HERALD, WEDNESDAY, DECEMBER 18, 1878:-TRIPLE SHEET. ANOTHER LIFE RESCUED. . The active members of the Volunteer Life Saving Corps, who have been rescuing persons from drown- ing about the dogks for more that two years without recompense, last night added another creditable act to their long list of heroic deeds. ‘Captain Willian O'Neill, with his able assistants, Gilbert Long aud Edward Kelly, while patrolling the East River shortly after eight o’clock observed a man staggering along pier No. 8, and before they could reach him there was a splash and the stranger was struggling in the water. In a moment Captain G’Neill had given his orders, and the ropes, grappling irons and life saving apparatus, which the young men carry with them in their humane work, were in instant use, and within a minute or the unfortunate was safely landed on the dock, reacued individual was so chilled and exhausted by his bath that he was unable to give apy account of himself until the First precinct station house was |, whither his rescuers took Bea. He then said that his name was Daniel Rogers \l that he lived at Greenpoint, but was endeavoring to find the Staten Island ferryboat when he fell over board. Rogers was cared for aud will be able to resume his journey this morning. ‘The above makes the twenty-third life these three lads have saved since they commenced their philan- thropic work. All the apparatus they have used during their two years of volunteer service has been Perdue from their own small earnings, and when it is known that O’Neill and Kelly are newsboys and that Long holds a minor Sayer ina tin factory their self-denial is worthy the highest appreciation. The corps hopes soon to obtain « boat in which they can more efficiently patrol the river. They have long been endeavoring to raise the sum needed for this on ose, but as yet have been unsuccessiul. O'Neill Olds the silver medal of the New York Life Saving Benevolent Association. CAPTAIN M’DONNELL'S TRIAL, Captain McDonnell, of the Eighth precinct, ap- Peared. before the Police Board yesterday to answer the charges bronght against him of having selected for polling purposes No. 203 Spring street. Mr, John D. Townsend, who appeared for the deferdant, said tho complaint was not tenable, as the Captain was shielded from any blame in the mutter by the general order issued by the chief of the Bureau of Flections. ‘hat directed all captains of procincts to choose places tor polling in the various districts, and in ¢very case to give preler- ence to such as had been used for that purpose ihe previous year. It was in accordam vith this that Captain McDonnell had selected No. 203 Spring strect, which has been used as a polling place for the last seventeen years, and is familiar to the people of the locality as such. The was adjourned until Fri- day next at balf-past ten A. M. CITY NEWS ITEMS. Orderly Sergeant John W. Jenkins has been elected First Lieutenant of Company ¥, Twenty-second regi- ment, N.G.3.N-Y, The HERALD yesterday received $1 trom “H. R. P.”” for Mile. Venturoli, and $2 from “Otto” for “any charitable purpose.” Customs officers yesterday seized on board the steamer Norman, from Santiago de Cuba, one trunk, containing 1,500 ‘cigars, 66 bundles of cigarettes, 12 boxes of ernareadell, and also 1,150 cigars in boxes which were hidden about the ship. Henry Jaegels, fifty-five years, was found dead in his room yester< re at No, 753 Kighth avenue. A small quantity of dark-colored liquid was found in a phial near his bedside, and from this it was inferred that he had committed suicide or taken an overdose of medicine. Dr. Mary Walker appeared at the Central office yes- terday, to inquire further about her complaint ainst Roundsman Lester Lewis and Patrolman Flannery. She was referred to Commissioner Bv- hardt, who communicated to her the sad intelligence that the Board had refused to entertain her charges. Mrs, Barrow asks once more for Christmas gifts of dolls, books and small toys for the New York Infant Asylum, which may be sent to her residence, No, 30 East Thirty-fitth street. The same is asked for the little su re of St. ”s Hospital, which may be sent to the Sisters, No. 407 West Thirty-fourth street. The annual meeting of the stockholders of the New York and Manhattan Beach Railway Company was held yesterday at No, 61 Broadway, wher the tollow- ing officers were elected :—President, Avstin Corbin; Pie bread end treasurer, G. 8, Moulton; manuying director, D.C. Corbin. The Board of Directors stunds the same as last year. Charles Herway, of No. 80 East Third street, en- eda room at the Bowery Hotel yesterday morn- , and a domestic discovered him some hours later in an unconscious condition. He was sent to Belleyne Hospital, where he rallied somewhat, and he told the attendants that he had taken poison to end his life. His recovery 1s doubted. The Wa-Ws-Yanda Club, an o} ‘ization cosiponet of New York gen! on, whose uar- ters the summer are at Greenwood Lake, held their annual meeting PT pera at the Florence Hotel, Central avenue. cers were elected for the ear and the condition of the club discussed at Length: A dinner followed the meeting. 7 The annual election of offters of the Bunti No, 655, F, aud A. M., took place leghevenings Judge James B. was elected master, Dr. Ira B. |, 3. W.; Duncen McLean, J. W.; M. D. Myers, treasurer; Honynge, ‘The Irish Emigrant Society met yesterday at No. 51 Chambers street and the German Society at No. 13 Broadway and esch association instructed their re- 8) ive idents to wend a letter to the Chairman of the Committee of Commerce of the House of Rep- resentatives, eqecsting him to urge upon that body the passage ef the Immigration bill now pending. Thétuneral services over the remains of John J. Stevens, the member of the Fire Insurance Patrol who died yesterday from injuries received by failing through a hatchway in Murray street, will take placo to-morrow (Thursday), from the Methodist Church, corner of Bedford and Morton streets. George Wash- ington Camp, No. 1, United States War Veterans, are to meet at Clarendon Hall, No. 114 East Thirteenth street, at helf-past eleven o'clock to-morrow, and thence will attend the funeral in a body. John Malloy, who was stabbed to death on Satur- night lust by Philip Whitney, was buried in Calvary Cemetery yesterday. Funeral services were held at the deceased's late residence, No. 40 West Fortieth street, the attendance of friends being very large. The remains, snrrounded with exotics and immortelles, were exposed to view during the morn- ing im the rear room connec! with the store. Job Maxwell, John, K. Campbell, John Carroll, Peter Kelcher and James Camp! were the pall bearers. Luigi vavide, thirty years of age, carpet at No. 37 Mul- in hand, entered a store A trotting mateh took place this afternoon between treet, yester S, ont told the proprie- two prominent local horges, which was witnessed by | tor, A. Cuneo, that he was about eee several hundred spectators, and the fashionable | ing to bis native country, . Davide was eating thoroughfare presented a lively appearance, but in Ee ee eeu ne he sella pepe ‘joadenly strange contrast to the gay throng which sssembles | Which. when #ivetl filmy Be tt@th the floor a corpus there during the summer season. The judges were | Deputy Coroner Cushman viewed the remains, but, from an external examination, could not determine Mr. Augustus L. Whiting, a member of the Coaching Club, and Colonel Edward M. Neill, YACHTING NOTEs. Schooner Intrepid, N.Y.Y.C., Mn Lloyd Phenix, bas been coppered and will be ready to leave this port for her cruise to the West Indies in about a fortnight, . The new schooner Thora, op the stocks at the yard of the Messrs. Poillon, Brooklyn, is being rapidly pushed forward to com- pletion, Cast ballast has been placed on each side of the keelson, and one course is in position under the keeison. The huli bas been calked, the masts set u. and ready for the riggess, the iron work for the dec is being made, and temporary skylights have been put on so that the joimers cen continue work re- gardiess of the weather. Mr. Charles H. Contoit, KNICKERBOCKER ATHLETIC CLUB. ‘The athictio meeting annownced to take place on the evenings of January 6 and 7, ander the auspices of the Knickerbocker Athletic Clab, promises to bes success, The events to come off aro as follows:— First eveniay—un of 75 yards, handicap; one mile walk, handicap; running broad jump; one mile run, handicap; hurdle handicap, 220 yards, over ten hurdiss, 2 feet 6 inches; balfsnile run, bandicep; three mile walk, handicap; ranning high jump; one qnerter mile run, handicap; five mile ran; tug war, open to teams of four men each from any regi- ment ip the National Guard. Second evening—Walk of twenty-five miles for the amateur championship of Medals will be given to firat, second ond third in each yame, excepting in tug of war, for which a prize will be given each member of the winning team. Entries close on Monday, 30th inst., with J. M. Pob lock, s*cretary, No. 104 Broadway, New York. PEDESTRIANISM. Robert Campbell, of Brooklyn, and J. W. Goodwin, of New York, are matched to walk seventy-five hours at Stella Hall, No. 413 Bedford avenue, Brooklyn, for $250 « side, commencing Wednesday evening, uary 1, at eight o'clock, and ending Saturday, wary 4, at midnight, MME. ANDERSON'S WALK, The remarkable feat of endurance that is now being attempted by Mme. Anderson at Mozart Hail, Brooklyn, is already beginning to attract the attention of the sporting public. During Monday night she appeared to be walking rather faster than usnal, and made some fast laps. Last —_— she walked with quite a6 mnch ease on when she started, and came on the track directly the second bell cailed her to work. About nine M. Mme. Anderson finished her 100th quarter mil having walked the seven laps in 3m, Lis, the cause of death. SUBURBAN NOTES. ‘The will of Theodore P, Howell, the patent leather manufacturer, of Newark, ee Sa Ege | yesterday. amount possessions stated, but everything is left to the widow. Frank Wilson, accused of counterfeit trade dollars in Newark, was examined and committed to jail yesterday by Commissioner Whi im defenit of $5,000 bail. William Lohmeyer, one of the alleged Hoboken snuff smugglers, was Liberated on $1,000 bail. The City Council of Elizabeth, N. J., have passed the resolution to issue $400,000 in bonds, in auticpa tion of the collection of tax arrearages with costs. ‘This will fund the doating debt and enable the Finance Department to pay the bills due from the city to the police, school teachers aud many others. At the last election in New Jersey for members of ly a bitter Sgut was made by democrats on Pee mas O Counor, a democratic candidate jewark. Poca bal ae who was elected, be proceedings against br. pre slandeseres seeking B. J. ay 4 sprig 4 damages for ie prosecute others criminally, he says. ‘The trial of William Morris, alias William Porter, for the burglary in Graham avenue, Brooklyn, was resumed ee Sings conmantes of Sessions esterday, before Judge Moore e@jury. Augustus Ueusen, ® pawnbroker, of Broadway, testified that he bad advanced the defendant $100 on a diamond stud on the 7th of August last, amd bed given him a $100 greenback. ‘The trial will be continued to-day. A pian for the extension of the Prospect Pamk and Coney Island Reiiroad from its present terminus at Coney Islnd westward two and one-half miles to Norton’s sieamboat landing has been filed in the office of the Ki County ter. The new Re tion will be of double track known as the a division, It will run parailel with and about four hundred feet from Surf avenue anil wi in the rear of the hoteis on that end of the island, Before Judge Depue Eh ony Med “$50,000 suit of William A, Kigiter against the sylvania Railroad Company for injuries sustained a his wife through being run over at @ crossing last summer was con caush,, Mrs. yg ht gi "~ pour i, e chair, looking ver; 8. jer 98 Emus Righter, who was iso igharet with her | mother, yave testimony | substan wi 08 alte been published. Mrs. Tucnter bernait next | testified, and gaid she waa unconscious of what had the hospital at until she found herself in Flszabeth subsequently. Miranda Wood's will came up for Kings County Surrogate's Court yesterday. se saerinng oft tween wae peqeeined estate, both real and to dienry War: Beocher, clergyman, and* U. Bowen, merchant, in trnet, to be used in the colored CHARITY DECLINED. Mrs. Stewart's Remembrance of the Jewish Societies. PART OF A GENERAL DONATION. Mount Sinai Hospital Will Not Accept the Money “as Proffered.” A Henatp reporter called on Judge Hilton yes- terday for the purpose of obtaining the views of that gentleman on the position suid to be assumed by the managers of one or two Hebrew charities touching the rejection of donations lately made to those institutions by Mrs, A. T. Stewart. -Having presented his card, the writer ascertained that Judge Hilton’s attention was wholly engrossed by business eftairs, and that therefore it would be out of the ques- tion for him to grant the desired interview. In afew minutes Mr. Anstey, the Judge’s private secretary, | came ont and said, “Judge Hilton asks to be excused from seeing the HrRaup’s representative to-day. Having announced his intention of not communicat- img anything to the press on the subject you have mentioned, he feels that he could not consistently ex- press his views for publication in one newspaper and withhold them from all the others, Yon can, how- ever, state authoritatively, that at the time the dona- tions indicated were ordered there was 4 list of some fifty charities, embracing all religious denomina- tions, including the Hebrew charities, made ont by ‘Mrs. Stewart, and to each of which donations were awarded, In addition to this Judge Hilton on his own part made up @ liat composed of about twenty- five or thirty charities, many of which fad’ not been inelnded in Mrs, Stewart's list.’’ 4 GENERAL DISTRIBUTION, “The supposition, then, that the Hebrew charities alone had been selected as the objects of the bounty of Mrs. Stewart and Judge Hilton, is groundless? “Nothing more absurd could well be imagined, There was no discrimination whatever observed in the giving of these donations. It has always been a rule of the firm, even when Mr, Stewart was alive, that in donating moneys to charitable institutions no discrimination ahouki be made in regard to race or creed, overy denomination, whether Protestant, Cath- olic or any other, sharing alike. Even the Turks when they were at war were remembered by the firm.” © “Would it be possible to obtain the names on those lists of charities recently made out by Mrs. Stewart end Judge Hilton?” “I believe it would not. It is matter which Iam tolerably certain would not be submitted for individ- ual inspection, much less for publication. Those donations, as I have intimated, have been given and there the matter ought to rest. If parties connected ‘with some of the charitable institutions have taken the matter in an unfriendly spirit, [suppose the re- sponsibility of doing s0 rests upon themselves,” Supplementin; statement given above, tho Hexatp yesterday received a communication from the officers of the Roman Catholic Orphan Asylum, acknowledging the receipt of $500 from Mrs. Stewart ‘and $350 from ex-Judge Hilton; also a communica- tion from the officers of the Five Points Mission, ac- knowledging the receipt of $250 from Mrs. Stewart. ‘THE THRER JEWISH SOCTETIES. Directors and officials of the three Jewish charities Pages heen yd ter Stewart were one a ras in collecti C among their iends yesterday, #0 as to be prepared by the time that the final action ts to be taken with substantial reasons for rejecting these donations. A director of the Mount Sinai Hospital stated that when at last Sun- day's meeting Mrs. Stewart's letter was first read there was a disposition shown on the part of some of the directors to accept the donation, but it was finally decided to defer the matter to an adjourned meeting. Since then thore appeared to be a unani- mous determination shown by all classes of Jews not to accept the offer, From one of the officers of the Jewish Orphan lum it was ascertained that the action taken by the Board of Directors of that institution on Sunday last was final. After the letter offering $250 as a donation by Mra, Stewart and signed Henry Hilton had been read, members discussed the fact that Mr. Hilton did not ba a his name as agent or attorney on behalf of . Stewart, and it was unanimously te- solved to politely decline the donation, and the sec- retary was instructed to inform Judge Hilton to that effect. The more cautions members of the Board, when they heard the next day that the Mount Sinai Hospital officers had ‘delayed action, secretary on Monday morning and him to hold the letter back for a day or two, but yesterday it was finally resolved to forward it in accordance with the action of the Board taken on Sunday. It is couched in the following terma:— DECLINED AS PROFFERED. Hesnew Onrian Asyivw, New Yout, Dee. 17. 1878. Drax sir ae letter announcing to the Board of Di- recturs of the Hebrew Orphan Asylum that Mrs. A. T. Stew- art proposes to donate to institution the sam of 8260 os been duly received. By unanimous resolution of the, joard of Directors I say that the donation, as prot erred, has been deel Very traly, Pi, i MYBL STERN, x To Hon. Hewer Hittox. Ms Reever PAST ACTION OF THE ASYLUM OFFICERS. “This action is final,” said one of the officers of the Orphan Asylum, “so far as our institution is con- cerned.” The same gentleman stated that, though he did not want his name to appear in print, he had already offered his own check to the treasurer, so that pecuniarily the institution should not lose any- thing by this refusal. There was no dissenting -vote at all as to the action taken py the officers. The only discussion spose as to the manner in which the re- fusal should be conveyed to Judge Hilton, The gen- tleman stated that, after the meeting last held, the secretary showed @ copy of a letter written officially on behalf of the institution to the widow shortly after Mr. Stewart's death, but Mr. Seligman, who was well pet pina with Mr. Libbey, said it would be better to make a personal application and the letter was never sont. Mr. Seligman him: made per- sonal efforts to call the attention of the executors of the estate to the requirements of the institute, but no action was ever taken in regard to it. When, subre- quently, the Grand Union Hotel trouble arose the en- tire mutter was dropped. The officers of the Jewish Home are to meet on Sunday next and take action in regard to the $250 do- nated to that institution, but according to the views ascertained by the writer yesterday the action taken by the Hebrew Orphan Asyluin is to be followed by ail the other Jewish charities. Mr. Isaac 8. Isaacs, president of the Young Men’: Hebrew Assoctation, said he would not have been hasty in rejecting s donation for a charitable institu- tion it he had one of the officers; yot he would never have voted to accept it in the manner as prot- fered, The question was whether the came di- rect from Mrs. Stewart and had been dictated by her orn ao een Tale aes aan Goa poe ot ¢ Hilton. is wae ‘St issue. Charitable institutions could not afford even to de- cline the smallest le donations; neither could Jews, even in mi like this, have any relations with Judge Hilton. He would have suggested a let- ter of Pe ee IT a the real douor, and then it would have ample time to act. Mr. Spingarn, of the firm of Lauterbach & Co., lawyers, said that when the insult was aimed at the Seligman Jews it was aimed by Judge Hom, ecting ‘as attorney forthe Stewart estate. Mrs. Stewart owned the Grand Union at the ee if she at vo time disapproved of the action of agent she di I it by act or by word, and never diga- v . OTHER DENOMINATIONS REMEMURRED. The statement made in certain quarters that Judge Hilton urged this donation of $1,000 to the three leading Jewish charities so as to buy their favor once more was ridiculed by a prominent Israelite, who said :—'Judge Hilton ws very well that it takes a od deal more to purchase our good will than $1,000, ides, I know posiitvely that a gentleman who called upon Judge Hilton recently saw on his desk a num- ber of memoranda for le gitts to other socie- ties, belonging to other denominations. In fact, I know of one German dispensary which only Inst week ee \o gitts.”” STAR CHAMBER ‘TACTICS. ‘The Police Board had a prolonged meeting yester- day. What they did at it is involved in mystery, but that it was portentous every one predicted; that it was atormy o few conjectured. When, however, aiter hours of close consultation, the officials cam forth and the minutes of their meeting showed o record of soine petty transactions, with certain lines of asterisks eandwiched between them, these black dots became invested with no little significance, Evidently they represented the real heavy work that had been done by the Commissioners, aud over which those functionaries preter to leave the veil of secrecy still suspended. Besides the asterisk part of the day's proceedings the Board fined Captain ten days’ pay, received an application reappointment from ex-Detective Dusenbary, and ay piled to counsel for an opinion touching the reco ‘ation of John Kioraan's came, MISSING, ‘Mr. Ebenezer M. Watson, of Chester Park, ands member of the firm of Smith & Watson, Boston, is reported missing since November 21. Charles B. K. Stansbury, twonty years of age, left his home in Baltimoro, Md., on the night of April 23, 1877, and, despite the most ace crdenaes rt of yt detectives, nothing has yet been Says ag ok neal father io in pa city @ Ld feared son been Bbly foully dealt with, a - » - : CO 7

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