TTR: October 30, 2013
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Gary Roberts
But that's not what you said
Thu Apr 19, 2012 05:59

You said that a witness identified Smith.

What we have is an interesting possibility--nothing more until somebody comes up with something substantial.


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  • witnesses never called....bfrey, Sat Apr 14 17:00
    I was leisurely reading a few Tombstone books and observed that Shibell was in town on the day on the gunfight and another gentleman that later became a U.S.senator that was speaking to Frank just... more
    • Spicer's opinion about Tom and a gun was perfectTom Gaumer, Mon Apr 16 22:55
      Nick As Spicer said very clearly and totally correct, the issue was if surrenedering men were gunned down or not. Whether Tom was unarmed or not is not important for the exact reasons stated by... more
    • Spot on Nick, "under the rug" (nm)Peter Love, Sun Apr 15 22:39
    • "In town on the day?"Bob Paul, Sat Apr 14 20:47
      Bruce: I have been interested in this question for a while, but currently have no answers. I have talked with Ms. Marks (a lovely lady) about her references to this---not yet resolved---and was... more
      • Marcus Aurelius Smithbfrey, Sat Apr 14 21:03
        One of Arizona's first senators was identified as the tall man talking to Frank just before the gunfight. Martha King witnesses Smith talking to Frank and overhearing Frank say "If you wish to find... more
        • Smith--a question and an observationGary Roberts, Sun Apr 15 13:07
          What is the basis for assuming that the man Frank was talking to was Marcus Smith? Smith was involved in the prosecution of the case from the get-go. On November 1, 1881, Ike Clanton paid Smith $375... more
          • Martha King's "tall man"bfrey, Sun Apr 15 14:10
            p.213 of "And Die in the West" states " Smith has been identified by researchers as the "tall man" to whom Martha King saw Frank talking after he arrived at Bauers to do her grocery shopping". "She... more
            • Re: Martha King's "tall man"Tom Gaumer, Mon Apr 16 12:11
              bfrey Why does "has been identified by researchers" mean anything unless the researchers and their sources are given? You mention Behan's jailer Billy Soule as being nearby and he was there. If he... more
              • Tom/speculationK.t.K., Mon Apr 16 19:36
                Tom, are YOU going to "relax" just from hearing a line of b.s. from Behan? Really? Please...tell me it ain't so. Is Morgan going to relax when a guy he despises - at least six times over - tries to... more
                • Everybody needs to read Cook's HANDS UP! (nm)Gary Roberts, Wed Apr 18 09:41
                • go post, well said Kenny (NM) (nm)Randy King, Wed Apr 18 08:56
                • Morgan EarpSteve Sanders, Tue Apr 17 21:31
                  K.t.K: I seem to remember some word that you have been working on a book about ME. If true, are you close to publishing. I, for one, am very eager to learn more about ME, especially his time as a... more
                  • Looking forward to that also!bfrey, Wed Apr 18 19:43
                    Kenny had more on Morgan than anyone could imagine!! Along with some documentation that is spectacular! Hope I didn't say too much! I would be the first in line to read Kenny's accounts of Morgan... more
                  • Sanders/BrooksK.t.K., Wed Apr 18 12:39
                    Steve, I’m sure you are referring to William L. “Billy” Brooks, aka “Bully” Brooks, aka “Buffalo Billy” Brooks. There was no incident between he and Morgan Earp in Montana as the former had died in... more
                    • Ha!Steve Sanders, Wed Apr 18 14:59
                      Another myth dispelled! Without recreating your whole rough draft here, would you kindly say the who, what, why, where, when and how involved in that gunplay? It'll tide me over for a little while.... more
                • Both Virgil and Wyatt said they believed BehanTom Gaumer, Mon Apr 16 22:44
                  KtK Who am I to disagree with them? We can only speculate about Morgan's attitude as he is not on record. Your specualtion sounds pretty good to me. Doc has his shot gun up and ready. He knows to not ... more
                  • Really, Tom. Wyatt said??K.t.K., Wed Apr 18 12:49
                    As I recall Wyatt was just reading.... reading the words compliled by the high-priced lawyer. This is what we do when paying out the nose to high-priced attorney. We submit to their professional... more
                    • KtK On page 152 of Turner Johnny Behan confirms what Wyatt and Virgil said to him at the time. When all three, Behan, Virgil and Wyatt, agree at the time that something was said, most observers would ... more
                  • Wyatt's light bulb went on...bfrey, Tue Apr 17 05:44
                    I always believed that Wyatt's light bulb or realization that Behan had said those words came just after Behan tried to arrest him. Wyatt was supported by a citizen who said those men did... more
                    • Right on, BFrey. K.t.K., Wed Apr 18 12:57
                      After the fact it fits into Fitch's defense "theory." Those Earp boys blew right past Behan with no hesitation to the purpose. They knew Johnny for a liar ever since November 1880. k
                    • BOTH Wyatt and Virgil said that. You get a choiceTom Gaumer, Tue Apr 17 08:59
                      bfrey Do you think Behan is the more trustworthy man or Virgil and Wyatt. That call might say a lot? The Earps walked by Behan but there was dialog between them as reported by all three. They were... more
                      • Going on life recordsPeter Love, Tue Apr 17 23:22
                        Tom Behan was more trustworthy than Wyatt or Virgil. And he was not on trial here. And I would like a legal opinion on to what extent the lack of action by the Grand Jury, and those other courts... more
                        • Marshal Williamsbfrey, Wed Apr 18 06:39
                          at one point was on a panel to decide on prosecution, I believe in Contention? What does that tell you about the make-up of a grand jury?
                          • Brucepaulj, Wed Apr 18 11:27
                            Williams was on the grand jury (December term, 1881) that would not indict the Earps. That grand jury had several people we can identify as Earp supporters, for instance (besides Williams): Sylvester ... more
                        • Are you sure about Behan's life record?Tom Gaumer, Wed Apr 18 00:21
                          Peter Behan's quality as a witness was on trial as was the quality of every other witness. I don't think Behan's life record was as good as you seem to think. Here is an obvious example. When the... more
              • not my words.....bfrey, Mon Apr 16 15:44
                I agree, sources should of been given, but Marks failed to identify the sources? I think there were a few other testimonies that would of been useful if they testified. Obviously this case was about... more
                • Questions...?Jeff Morey, Tue Apr 17 09:11
                  bfrey, Given the fact that Ike Clanton was the one who leveled the charge of murder against the Earps and Doc Holliday, was Litttleton Price empowered to lower that charge, on his own, to manslaugher ... more
                  • Charging decisions......bfrey, Wed Apr 18 06:51
                    The office of the Prosecutor determines what charges to level and what they can prove. Ike and Wm McLaury demanded and lobbied for the charges they wanted. That is not suppose to be the way it works. ... more
                    • Territorial lawGary Roberts, Wed Apr 18 07:57
                      Without a primer in territorial law, it is difficult to offer strong opinions on how things were supposed to work. We can't assume that the laws of 1881 Arizona operated the same way that they do in... more
                      • didn't mean to offer a strong opinionbfrey, Wed Apr 18 19:39
                        Obviously there are differences, but obviously Ike did not know what the differences were in a legal complaint. Ike charged everyone with the highest count irregardless of the evidence. Is it any... more
                        • It's eitherolds, Thu Apr 19 13:22
                          "regardless" or "irrespective." "Irregardless" is not a word. Or, rather, it is a word, but it is the sort of incorrect word that will get you red-flagged every time by the grammer police. File it... more
                          • cinching Docbfrey, Thu Apr 19 14:56
                            Doc could of been charged with manslaughter or another form of murder by the witness statements the cowboys presented. I didn't say the statements were true but they could of convinced a jury. If Doc ... more
                            • That answer doesn't answer.olds, Thu Apr 19 17:14
                              Since Doc was not cinchable, and, ergo, was not cinched, how could Doc have been cinched?
                              • ergo,bfrey, Thu Apr 19 19:47
                                Still waiting for an original thought? Do you have one?
                          • you rarely disappoint....bfrey, Thu Apr 19 14:45
                            Thanks I will file it. You rarely disappoint Mr.Olds. If you hadn't jumped in with your comments I would of been disappointed. It is so predictable. As I mentioned before you amuse me, so keep... more
                            • That would be theolds, Thu Apr 19 17:11
                              spelling police, not the grammer police. I would "have" been disappointed. Not I would "of" been disappointed. Insert comma after "disappoint" Insert comma after "comments" Insert comma after... more
                              • You did get that rightbfrey, Thu Apr 19 20:21
                                Offering any good points, means participating in the forum with ideas and insight. You seem to just lurk around and pounce on others with your delightful criticism. If that makes you happy, please... more
                                • Not so.olds, Fri Apr 20 08:52
                                  I don't "pounce" on others. I reserve my "pouncing" for you specifically owing to you specifically being the prime offender in these matters. If you posted less, it would be less of an issue, and I... more
                                  • I had no idea.....bfrey, Fri Apr 20 10:34
                                    that you were so attentive to my posts. That you give so much attention to them is very flattering.??????? Your silence of course would mean you don't care. Not Canadian no, not a writer, english... more
                                    • It's not thatolds, Fri Apr 20 12:03
                                      I "pay attention" or am "attentive to" your posts. It's that there are so many of them--they DO seem hourly to self-propagate, or, rather, more accurately, metastasize like carcinogens--that I often... more
                                      • Perseveration..bfrey, Fri Apr 20 19:27
                                        Yes I do understand the definition and insult. I would ask if you than understand respect, honor, and dignity? I would hope a intelligent man as yourself and an author would rise above these petty... more
                                      • with all do respectbfrey, Fri Apr 20 13:42
                                        You honor yourself too much by assuming you have an original question or response. This is all I have ever seen from you. I had no idea you were so sensitive. I will try and limit my posts for your... more
                                  • OK, OK, if you insist.olds, Fri Apr 20 09:04
                                    It's what YOU'RE good at. Mea culpa.
                              • You shouldbfrey, Thu Apr 19 19:46
                                teach a community college I think they would need a person with your talent. Got an original thought or idea let me know, otherwise your wasting my time. You could at least spell right if you or... more
                                • if you arebfrey, Thu Apr 19 20:02
                                  "are' I will save you some red ink..........
                      • first being duly sworn, complains bfrey, Wed Apr 18 08:44
                        I believe Ike swore out the complaint and the warrant was issued on his sworn complaint/affadavit. Today a citizen makes a complaint and an officer/prosecutor will obtain a warrant signed by a judge. ... more
                    • Indignant Outrage.Jeff Morey, Wed Apr 18 07:05
                      bfrey, Don't you think that because of the politicalization of this case that had Price charged the Earps and Holliday with a lesser charge than murder that the NUGGET would have voiced indignant... more
                      • possibly...bfrey, Wed Apr 18 07:16
                        I have to imagine that the Nugget would understand Price's decision if it was explained? The Nugget always voiced indignant outrage. Bottom line who was in charge of this decision, Ike, Will, and the ... more
                • wordsGary Roberts, Tue Apr 17 06:15
                  First, Marks did identify her source--see p. 443 (213. "tall man": CI, p. 15.). CI in her note system stands for Coroner's Inquest. We don't know where the other officers were. Bronk may have been at ... more
                  • factual corebfrey, Tue Apr 17 08:06
                    Yes, speculation isn't useful I agree. What is factual is that no other law enforcement officers were enlisted to enforce a local ordinance. There were other sworn officers that easily could of been... more
                    • Re: factual coreharveycmd, Tue Apr 17 09:02
                      Judge away, but keep in mind that your judgments are likely to say more about you than they are about Virgil’s decisions that day. I think that is Gary’s point. The rather uncomplicated truth is that ... more
                    • The fact is....Jeff Morey, Tue Apr 17 08:55
                      bfrey, The fact is that the men who confronted the cow-boys in the vacant lot were the very same men that Ike Clanton had been threatening all morning long. If Virgil Earp had enlisted other deputies ... more
                      • Re: The fact is....harveycmd, Tue Apr 17 09:10
                        That's another good point. The men who confronted the cowboys were the same men who had been repeatedly threatened. Therefore, by the standards of honor operative at the place and time, having the... more
                        • So as to Ike threatening and calling the tune we have to question if the others were actively involved and aware of the level of Ike's threats? Ike at one point was a one man band. Ike was also... more
                          • Well...Jeff Morey, Tue Apr 17 12:10
                            bfrey, Well, Frank McLaury may have had his own private tune playing in his head. While it was Ike's dim-witted public one-man-riot that put Tombstone on edge, it was Frank McLaury's intransigent... more
                            • Swaggeredbfrey, Wed Apr 18 06:19
                              swaggered: past participle, past tense of swag·ger Verb: Walk or behave in a very confident and typically arrogant or aggressive way. That is basically the way that many Tombstone citizens believed... more
                              • If....?Jeff Morey, Wed Apr 18 06:58
                                bfrey, If the Earps believed they were in the right as to the street fight, how should they have acted? My Best, Jeff Morey
                                • Actedbfrey, Wed Apr 18 08:54
                                  In my opinion the Earps should of been a little more contrite about taking 3 lives. They should of took the posture of acting remorseful, regretting their actions and saying so. They still had the... more
                            • I believe that botholds, Tue Apr 17 18:37
                              swagger and sashay suggest an element of strutting, arrogantly in the former case, with a certain contrived, "look-at-me" nonchalance in the latter. My own hunch, based on nothing, is that the Earps... more
                          • They listened enough to get themselves in trouble. If you rub your hands in catfish charlie they are going to stink for a while no matter how much you try to wash them afterward. Others can even come ... more
                • Can you not pursue winning by telling the truth?Tom Gaumer, Mon Apr 16 22:33
                  bfrey I don't understand your question mark after "...Marks failed to identify sources?" Are you saying she did identify them because I don't see where? Once into a trial who would not try and win?... more
                  • You are right. I assume the following, perhapsTom Gaumer, Tue Apr 17 10:13
                    in error. Sills reported overhearing the cowboys making threats. He indicated they were doing this on the open street. Whether you find him believable is another matter but he is a source that... more
                  • No.....you can get sentenced quicklybfrey, Tue Apr 17 06:05
                    Sorry about the question mark after the quote. I guess I was asking why she wouldn't list a source regarding that comment. You explain it perfectly, who would not try and win. Everyone tries to win... more
            • Not about the discussionPeter Love, Sun Apr 15 22:34
              Bruce But about Smith. Probably this is old hat, I don't know. http://trove.nla.gov.au/ndp/del/printArticlePdf/72323502/3?print=n Smith obviously saw something, because he was called for the inquest. ... more
              • Arizona and the West Steve Faziobfrey, Mon Apr 16 05:52
                Anyone read this? Apparently it has info on Senator Smith and I am wondering if the good Senator ever related anything about Tombstone history in his later years?
                • FazioGary Roberts, Mon Apr 16 06:37
                  Fazio's article is an interesting portrait of Marcus A. Smith, but it doesn't provide much detail about the Earp- Clanton troubles. It may be of interest that he and Lyttleton Price, the district... more
              • very interesting, hadn't seen it... (nm)bfrey, Mon Apr 16 05:26
            • I know . . .Gary Roberts, Sun Apr 15 16:19
              that Marks and others identifies Mrs. King's "tall man" as Marcus Smith. My question is what is the basis for the conclusion. In the Hayhurst manuscript, Hayhurst says flatly that the "tall man" was... more
              • source...bfrey, Sun Apr 15 17:09
                Hayhurst may be the only source that says it outright? In Turner's O.k Corral inquest in his editors notes, he states that it was Smith, Behan, and Mclaury. Turner thinks that the statement by... more
                • I think you're missing the pointGary Roberts, Mon Apr 16 06:18
                  I did not say that Hayhurst was the only person to say it. I said that Hayhurst appears to have been the first to say it--that I know of at least. You cite Turner, but you need to remember that his... more
                  • agree...bfrey, Mon Apr 16 10:33
                    I was not supporting the conversation that was overheard, I was merely stating what Turner had said and his guess what the two subjects were talking about.... I also think that being a lawyer... more
                    • bfrey, Right now, we simply don't know who Frank McLaury was speaking to in the exchange overheard by Martha King. However, I think we have been missing what is really puzzling about the words Mrs.... more
                      • just when I open a door...bfrey, Tue Apr 17 14:41
                        another one opens, that's what makes this so interesting at least to a novice like myself. Do we know what Smith's position was a the time, if it was indeed Smith? Was he a lawyer or a prosecutor? If ... more
                        • If....Jeff Morey, Tue Apr 17 14:52
                          bfrey, 1.) Since we don't know who Frank McLaury was talking to, it is hard to see why you continue to be so focused on Smith. 2.) Again, if the cow-boys were headed for the West End Corral, why... more
                          • talking to Frank, and why in the corralbfrey, Tue Apr 17 17:10
                            Obviously there is no correct answer to why they picked there location to gather and decide their course of action. They were out of view of the Earp's and maybe looking to confront Holliday? At one... more
                            • What evidence?Jeff Morey, Tue Apr 17 23:34
                              bfrey, 1.) What evidence do you have that Frank McLaury was talking to Marcus Smith? 2). You won't like this, but as a former teacher, can you please try to present proper spelling and grammar in... more
                              • evidencebfrey, Wed Apr 18 06:10
                                We have a witness seeing him talking to a tall man and listening to the exchange that was noted. I gave you the details of the evidence that it could be Smith. I will make a better attempt, but when... more
                                • UnidentifiedJeff Morey, Wed Apr 18 06:49
                                  bfrey, I don't know who the "tall man" who Frank McLaury talked to was. As of now, I simply consider the "tall man" to be unidentified. My Best, Jeff Morey
                                  • evidencebfrey, Wed Apr 18 07:01
                                    There is some evidence pointing to the tall man as Smith. It certainly is not conclusive, but there is some evidence. What is the bearing on this whole scenario if it was or was not Smith? Smith was... more
                                    • Plain factsGary Roberts, Wed Apr 18 09:34
                                      The plain fact is that we would not be having this discussion at all if Pat Hayhurst had not identified "the tall man" as Marcus A. Smith in a note. The plain fact is that we have no idea whatsoever... more
                                      • Not the only tall man in Tombstone???bfrey, Wed Apr 18 19:33
                                        No Mr Smith was not the tallest man in Tombstone, he was a very large man by the standards in those days. He was the tallest man on Bauer's porch before the gunfight. Unless Bob Paul was lurking... more
                                        • ???Jeff Morey, Wed Apr 18 20:41
                                          bfrey, You write: "He (Marcus Smith) was the tallest man on Bauer's porch before the fight." How did you determine that Marcus Smith was on Bauer's porch before the gunfight? My Best, Jeff Morey
                                    • "Partially Identified"?Jeff Morey, Wed Apr 18 07:09
                                      bfrey, "Partially identified"? I don't have any idea what that means. My Best, Jeff Morey
                                      • Re: "Partially Identified"?harveycmd, Wed Apr 18 09:10
                                        I think that he going to assume that it means what he wants it to so that he can continue. This is similar to the "swaggering" argument. The Earps were known to have a rather stoic and laconic... more
                                        • Chrisbfrey, Thu Apr 19 15:07
                                          Were you referring to Endicott Peabody’s Really Big Adventure” (2003) by S.J. Reidhead. Reference your comments? If so I apologize for my inappropriate comments.
                                        • really?????????????bfrey, Wed Apr 18 18:36
                                          Chris, You have been commenting on this board with articulate prowess. Unless you have walked the walk I suggest the verbiage that you demonstrate should be restrained. Franks refusal to surrender... more
                                          • Frank refused to surrender his arms...Jeff Morey, Wed Apr 18 19:52
                                            bfrey, You write: "Franks refusal to surrender his arms appears to have been done in front of a weak sheriff, in front a large crowd assembled....." What "large crowd" are you talking about? My Best, ... more
                                            • based on Martha King's testimonybfrey, Thu Apr 19 06:16
                                              King relates there was a group of men gathered on the sidewalk area of Bauer's. I suppose the defintion of "large crowd' is open to interpretation? Nevertheless, there was an audience that was... more
                                              • Question...?Jeff Morey, Thu Apr 19 23:12
                                                bfrey, How did you determine that the men Mrs. King saw as she entered the market were still there when Behan and Frank McLaury passed? My Best, Jeff Morey
                                      • partially identifiedbfrey, Wed Apr 18 09:00
                                        When a witness here tries to make an identification of a suspect and thinks its him, looks like him, could be him, but isn't positively sure we call it a partial identification. The witness has seen... more
                                        • What witness?Gary Roberts, Wed Apr 18 09:40
                                          The question is what witness (a person who was there at the time) said that the tall man looked like Smith, could have been Smith, but wasn't sure it was Smith? What we have is a researcher who was... more
                                          • Martha Kingbfrey, Wed Apr 18 14:01
                                            Stated she saw the tall man talking to Frank or the man leading the horse. No one except Hayhurst made that connection and why he did it is apparently lost? Smith was a very big sized man and would... more
                                            • But that's not what you said — Gary Roberts, Thu Apr 19 05:59
                                            • Re: Martha KingJeff Morey, Wed Apr 18 15:25
                                              bfrey, You write: "If this is or isn't Smith, is it critical to anything? So why would someone (Hayhurst) say that it is Smith. Hayhurst was not trying to make a point or influence anything, he was... more
                                              • are we disregarding..."plain facts"bfrey, Thu Apr 19 06:30
                                                That Smith was a very large man. That Martha King identified a "tall man" speaking to Frank. That Smith had been called to the hearing and dismissed for unknown reasons. That Smith was obviously... more
                                                • NoGary Roberts, Thu Apr 19 07:41
                                                  We're not ignoring plain facts. We're asking that the facts be connected in some reasonable manner. This is not circumstantial evidence. It is an idea planted by Hayhurst and watered by our desire... more
                                                  • Is this considered a fact or undetermined?bfrey, Thu Apr 19 19:59
                                                    admittedly the Earl Chafin version of Adelias memoirs on page 12: "About Lake's book: The boys I know were bitter at Mark Smith because he saw the fight {Shootout at he O.K. Corral] and knew what... more
                                                    • ClarificationsGary Roberts, Fri Apr 20 05:30
                                                      First, there are still some questions about the authenticity of Adelia's memoir. I don't have Chafin's version, but he did occasionally modify the documents he published. Second, and far more... more
                                                  • so many lawyers out and about..bfrey, Thu Apr 19 09:06
                                                    Dillon and Kinneally were noted being close to the post office just before the fight. M.A. Smith was in a legal practice with James Robinson. Robinson represented Ike after the fight. The "tall man... more
                                              • Hayhurst foundationbfrey, Wed Apr 18 18:14
                                                No Hayhurst is not providing any conclusion and he didn't mean to do that. He merely made the notation because it didn't mean anything. However, he got the information he obtained, he did not... more
                                                • Help me with something hereGary Roberts, Thu Apr 19 07:32
                                                  Sheriff Behan testified that after leaving Virgil Earp at Hafford's, "I then went down Fourth street to the corner of Fremont, and I met there Frank McLowry holding a horse and talking to somebody."... more
                                                • Your logic eludes me.Jeff Morey, Wed Apr 18 20:10
                                                  bfrey, Your logic totally eludes me. 1.). You write: "Hayhurst's word is not evidence...". Then why do you continue to treat it as evidence? 2.). How do we factor in the description by Mrs. King? All ... more
                                                  • totally....bfrey, Thu Apr 19 09:54
                                                    Smith would of testified about the events leading up to the gunfight. If you are vaguely familiar with witness testimony and how they are called you would most likely understand the concept.... more
                                                  • Logicbfrey, Thu Apr 19 06:43
                                                    I treat it as evidence because of a few supporting factors associated with Hayhurst putting his name in the documents. Did Hayhurst pull that out of thin air? Is that the contention? We factor in... more
                                                    • All I can say is....Jeff Morey, Thu Apr 19 07:22
                                                      bfrey, Your grasp of logic is as impressive as your command of grammar. My Best, Jeff Morey
                                                      • haven't claimed either....bfrey, Thu Apr 19 09:24
                                                        You never fail to disappoint either by going on the personal attack. Whether it be Nick or whoever you feel should suffer from your insults. I have always expected more of you, but I consistently get ... more
                • TG answers the question...partially.Bob Cash, Sun Apr 15 17:29
                  Tom Gaumer Adelia Earp Edwards on Mark Smith, Tue Jun 21, 2011 16:25 Jeff admittedly the Earl Chafin version of Adelias memoirs on page 12: "About Lake's book: The boys I know were bitter at Mark... more
    • Re: witnesses never called....Bob Cash, Sat Apr 14 17:49
      I, too, have always been interested in Shibell's role (or lack of one) in the hearing. One of the defense attorneys asked Behan if he had not, in fact, characterized the difficulty to Shibell as a... more
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