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Western Action, August 1953

AND SATAN CAME ALSO


“Judge Steele” Story by Lon Williams

“Bill, these lawyers have got me whupped to rags. . . . You ought to have been judge, ‘cause you’re educated. I’m so
ignorant, I don’t know my way home.”

The more experience he got, the surer Judge Steele became that he didn’t belong on
the bench. And here was a murderer before him—but Defense Attorney Demeree was
so positive he’d acquit the scoundrel that he didn’t challenge a single juror!

J UDGE WARDLOW STEELE mounted his


judicial rostrum and eased onto a split-log
bench, worn slick already by frequent use. He
laid his six-gun on a puncheon table before him and
methods to orderly administration of law. But at his
last two court sessions his faith had sustained
jolting setbacks; his jury had acquitted a pale-eyed
lobo accused of stage robbery on Emory Road and
for several seconds contemplated it through savage a squint-eyed coyote accused of horse stealing at
blue eyes. He had not yet reached a conviction Cold Spring Junction. Glib witnesses established a
whether his clumsy court of law and justice, or convincing alibi in each case, hence he could not
gunpowder, was to be final arbiter of criminal censure his jurors. But if looks and past history
destinies at Flat Creek. Lately he’d begun to see meant anything, those two scoundrels should’ve
things as his friend Bill Hacker saw them; that is, been hung on general principles.
as a slow, yet inevitable transition from Vigilante Judge Steele gave his straw-colored mustache a
WESTERN ACTION 2

couple of jerks in opposite directions. “All right, and dirty white vest stood up. “I’m his attorney,
Sheriff, call court.” your honor. French Demeree, from—”
Sheriff Jerd Buckalew, tall, rawboned and “Yeah,” snarled Judge Steele, “French Demeree
pokerfaced, hammered with his .45 on an inverted from Tennessee. Are you sure you didn’t leave that
cracker barrel. “Court’s now in session. Anybody state just two hops ahead of a deputy sheriff?”
disturbin’ same will find hisself tied in a knot.” A “Came west for health and fortune, if your
dozen hard-faced deputies standing back of him honor please.”
nodded in indication that Bucky’s words Judge Steele’s nostrils dilated. “I presume you
constituted no idle threat. refer to your own health; you’re not makin’ it
Judge Steele delayed further action, while his healthy for anybody else. What’s your plea?”
eyes made a roving courtroom survey. As usual, “Not guilty,” Demeree said, and sat down.
here was a crowd of grimy, black-whiskered gold “Not guilty!” Judge Steele scoffed angrily.
diggers and a scattering of bleary-eyed sots, “You mean he’s guilty, but we’ve got to prove it
cutthroats, drifters, and bums. This time he before we can hang him. Well, we can shore do it.
observed a peculiar and somewhat distinguished Whar’s our man?”
looking goat whose face had just recently become A chunky redhead rose with an air of assurance.
familiar. Name was Flem Fargusson. But who was “Wade Claybrook, your honor; prosecuting
he? He had thick gray hair, a graying mustache attorney.”
trimmed to a point, sharp eyes, an arrogant “Humph!” Judge Steele grunted. Recent
demeanor, and an air of unlimited self-confidence. experience had inspired in him an unhealthy
Here, thought Judge Steele, is something as contempt for Wade Claybrook. “Prosecuting
different as a black sheep. What this Flem attorney! It’s a misnomer, if you ask me. You look
Fargusson is up to is anybody’s guess, but it is as like a cannon, but you go off like a popgun.
sure as shootin’ he’s come to Flat Creek for an evil Suppose, for a change, you pitch in and help us rid
purpose. Back in his hostile, turbulent mind, Judge society of one of its obvious misfits.” He glanced
Steele retained a vague memory. It was about a down at Sheriff Buckalew. “Panel a jury, Sheriff.”
good man who went forth to sow wheat, when Old
Horny came also, and sowed thistle seeds. This
sharp-whiskered, insolent, self-confident goat
sitting back there made him think of that old story.
B UCKALEW handed over a list, and as Clerk
Skiffington called names, men came forward
one by one and took their elevated seats, long-
Also, Judge Steele felt an itching which made him beards and short-beards, rock-jaws and iron-jaws.
rub his neck, and small voices, whispering out of “A good jury,” Judge Steele figured, as he looked
long-past years of hard experience, told him he was them over. He wondered why Demeree hadn’t
in for trouble. objected; at least five of them were Vigies. But
Well, trouble let it be. He leaned over his Demeree was mysteriously content. Which could
sandbox and spat. “Skiffy, call fust case.” mean but one thing; old Axe-face had a trick up his
Clerk James Skiffington creaked and stretched sleeve. As Judge Steele wondered what that trick
his thin body and its ill-fitting garments upward could be, Demeree turned for an exchange of
and steadied nervous fingers on a sheet of paper. glances with Flem Fargusson. So Demeree was in
His voice was crisp and cold. “Dockney Waddell, cahoots with Fargusson, was he?
alias Dock Waddle, alias Waddle Duck. Charge, Judge Steele felt his blood pressure rise
first degree murder.” suddenly. “Witnesses be sworn!”
Judge Steele looked down to where prisoners Four witnesses came forward, a short gold
customarily sat. His gaze rested upon a thick- digger, Deputy Sheriff Dan Trewhitt, and a couple
necked, flat-faced, sandy-haired, insolent-eyed of middle-aged varmints who made Judge Steele
scoundrel who looked like he could have murdered think of pickpockets. All were sworn and herded
his grandma without batting a blinker. off to a witness room.
“Murder, eh? You didn’t know we hang With a suspicious eye on Flem Fargusson,
murderers in these parts, I reckon. Well, sir, you’re Judge Steele snapped, “Call fust, witness!”
about to git educated. What’s your plea?” Prosecutor Claybrook got up. “Howard, alias
A tall, axe-faced character in scissor-tail coat Brass-knucks, Toomey.”
AND SATAN CAME ALSO 3

Toomey was ushered in by a deputy and seated “I heard groans. You see, I wasn’t ridin’ by; I
on a nail keg reserved for witnesses. He was a was ridin’ up. After I’d caught that night-prowler
tough, gray-eyed miner in his late thirties, workin’ Dough-belly’s claim and banged his head
determined, but honest looking. with a shovel and got him safe tied, I rode in to get
“Your name?” asked Claybrook. hold of Sheriff Buckalew. Only Dan Trewhitt and
Judge Steele interposed angrily, “I thought you another was to be found at Flat Creek jail, so me
knowed his name.” and Trewhitt went back to drag in this sneak-thief.
“All right, your honor. Now, Brass-knucks It wasn’t just me who stopped at Dough-belly’s; it
Toomey, did you or did you not ride by Sam was me and Trewhitt both. And we had this sneak-
Proudfit, or Dough-belly Proudfit’s shack on thief slung over my horse, because Trewhitt is a
Sunday morning, last?” big, heavy man, and this sneak—”
“That’s right.” Demeree got up. “Your Honor, I don’t see what
“Thunderation!” exclaimed Judge Steele. “What all this has got to do with anything.”
kind of an answer is that? Did you ride by Dough- Judge Steele’s mustache wormed with sarcasm.
belly Proudfit’s shack last Sunday morning, or “Mr. Demeree, are you intimatin’ that this court is
didn’t you?” responsible for your lack of comprehension?”
“That’s right, I did.” “No, your Honor.”
“Then give an answer that makes sense next “That’s fine, so set down. Proceed, Mr.
time.” Witness.”
“Did you, or did you not hear strange sounds “Well, me and Trewhitt was bringin’ this
emanating from Proudfit’s shack?” thievin’ skunk in to jail, and we figured it’d be
“Yes, sir.” good news to Dough-belly if we rode by his place
“Consarn it!” Judge Steele roared. “Did you, or and showed him what we’d got. But when we
didn’t you?” stopped by Dough-belly’s door and yelled, all we
“I did.” heard in answer was groans. Deputy Trewhitt
Judge Steele leaned on his puncheon table. “Mr. said—”
Claybrook, won’t you please show just a little bit of “Object to what anybody said,” shouted
sense? Ask him one question at a time, and quit this Demeree.
double-barreled business.” “Just tell what happened,” said Judge Steele.
Demeree got up. “I object to that question “We got off our horses, leavin’ them standin’
anyhow, your honor. It’s leading.” with that claim-jumpin’ polecat still slung over my
“What do you mean, it’s leading?” horse, and went in to see what was wrong with
“Because it suggests its own answer, your Dough-belly. You see, Dough-belly had panned out
honor. He should ask witness what happened.” plenty of dust, and a lot of that he’d traded for gold
“All right, witness,” said Judge Steele, “tell money. Wouldn’t trust nobody, such as a bank, or
what happened.” Wells-Fargo. Had his gold buried somewhere. Told
“Glad to,” said Brass-knucks. “Me and Sam, me he had ten thousand in gold coin, mostly double
Dough-belly, that is, had claims side by side in eagles, besides what dust he had. Figured to go
Smalley Gulch. Good diggin’s, too. We got back East after another six months. Only last week
suspicious somebody was claim-jumpin’ at night, he said to me—”
workin’ our gold. So we made a trade; I’d watch “Object,” shouted Demeree.
one night, Dough-belly’d watch next. We both Claybrook got up. “I object, too, your Honor.
worked all day Saturday, then Saturday night was All this is irrelevant and immaterial.”
my night to watch. Sure enough—” Judge Steele controlled his temper with
Claybrook got up. “Now, if your honor please, difficulty. “If this court didn’t have to be bothered
all that’s got no bearing on this case. I suggest—” with lawyers, it might get somewhere. Objections
Judge Steele relaxed. “You ask him then, Mr. overruled. Proceed, Mr. Witness.”
Prosecutor.” Brass-knucks Toomey resumed his story. “Well,
“Brass-knucks,” said Claybrook, “tell what you when me and Deputy Trewhitt got off our horses,
heard as you rode by Dough-belly’s shack Sunday Trewhitt banged on Dough-belly’s door. Nobody
morning.” answered, only that groan again. Trewhitt says,
WESTERN ACTION 4

‘Come on, Brass-knucks, they’s somethin’ wrong.’ “Then ask him.”


And was they! There was Dough-belly, layin’ flat “Brass-knucks, did Dough-belly talk any to you
on his back, his shoes off, and blood all around. and Trewhitt?”
He’d been knifed, blood had run out of his mouth Demeree objected. “Now, your Honor, he’s
and nose, and his nose was still blowin’ red fixing to ask what Dough-belly said, and he can’t
blubbers. And that ain’t half of it. All his toenails tell that, because it’d be hearsay. I object.”
had been pulled out, and three of his fingernails. “Mr. Claybrook,” said Judge Steele, “you go on
Somebody had come to rob him and couldn’t with your fixin’. We’re goin’ to find what this
find—” witness knows, accordin’ to law, or otherwise.”
Demeree sprang up. “Object, your Honor. “Did Dough-belly talk?” asked Claybrook.
Witness is not allowed to draw conclusions.” “Yes,” replied Brass-knucks.
“Objection sustained,” said Judge Steele. “It’s “What did he say?”
plain some flat-faced hyena had tortured Dough- “Object!” shouted Demeree.
belly into tellin’ where his gold was hid.” “Now, see here,” said Judge Steele to
“That was what I was coming to,” said Brass- Claybrook. “You’ve got to prove Dough-belly
knucks Toomey. knowed he was dyin’, before you can ask what he
“We’ll just pass over that,” said Judge Steele. said.”
“What else did you see that proves hangin’ is too Claybrook swabbed his face. “What was
good for some varmints?” Dough-belly doing?”
“It wasn’t so much what we saw,” said Toomey. “He was a-layin’ there flat on his back, kind of
“It was what Dough-belly said.” jabberin’. ‘One finger,’ he jabbered.”
Demeree got up. “Object to what anybody said.” “Now,” said Demeree, “he can’t tell what
Judge Steele leaned forward. For once he felt somebody said by referring to it as jabbering.”
confident. “Demeree, we’ve been through this Judge Steele nodded at Claybrook. “It’s your
question before. Dying declarations are admissible problem, Mr. Prosecutor. Go ahead and find out
in evidence.” from this witness if Dough-belly knowed he was
“No proof that Dough-belly was dying. That dyin’.”
wouldn’t be enough anyhow. It’d have to appear Claybrook looked at Toomey. “Did he talk any
that he knew he was dying.” more?”
“Was Dough-belly dying?” asked Claybrook. Toomey shook his head. “Just them two words.
“He died while we was there,” said Toomey. Said ‘em over and over.”
“We stayed about twenty minutes.” “That’s all,” said Claybrook, swabbing his face
“Did Dough-belly know he was dying?” asked and sitting down.
Claybrook. “No cross-examination,” said Demeree. He
“Now, your Honor,” said Demeree, “witness waited until Toomey had gone out, then said,
should not be permitted to draw conclusions.” “Your Honor, I move that testimony as to what
Judge Steele looked at Wade Claybrook. “Mr. Dough-belly said be stricken. Jury should not
Prosecutor, what’s your answer to that?” consider it, because it was not shown to have been
Claybrook lifted his chin. “Mr. Demeree is a dying declaration.”
right, your Honor.” Judge Steele tossed a knowing look to his left.
“We’ll let our jury decide whether or not it was a

J UDGE STEELE put his hands down and wiped


them on his knees. “I figured you’d lay down
and purr like a tabby-cat. Be-consarned if you
dyin’ declaration. Another thing.” He glared at
defendant Dockney Waddell. “Hold your hands up
thar.”
couldn’t at least call Axe-face a liar, or a buzzard, Demeree sprang up. “Your Honor, under our
or something, once in a while. Looks like you’re on constitution an accused person may not be required
his side anyhow. But never mind; what we want to to give evidence against himself.”
know is, did Dough-belly know he was dyin’. Can Claybrook got up. “That’s correct, your Honor.”
you tell us how to find out, Mr. Prosecutor?” Judge Steele was too mad to speak for seconds.
“No, your Honor, except by asking Brass- Then he gritted, “All right, by thunder, but if I was
knucks Toomey.” on a jury and a murderin’ skunk refused to show
AND SATAN CAME ALSO 5

his hands, I’d figure he had a reason. Next botherin’ me right now is whether we should hang
witness!” Claybrook and Demeree along with ‘im. I never
Claybrook nodded at a deputy. “Call Deputy was a believer in this court business anyhow. It’s
Trewhitt.” turned out to be—”
Judge Steele cast a quick look at Flem He stopped. His eyes lost some of their savage
Fargusson. That sharp-whiskered billy goat is as fury. They had fallen upon a big six-footer with
satisfied with himself as if a dancin’ beauty had dark eyes, black, close-cut mustache, and a pair of
just called him handsome. It makes a feller mad, six-guns. “Bill Hacker, come up here.”
just lookin’ at ‘im, thought Judge Steele. Hacker jerked himself alert. “Coming, Judge.”
He posted a group of men as door guards and came

D EPUTY TREWHITT came in and sat down.


Time was consumed while Claybrook spread
down an assortment of objects on a puncheon.
forward.
Judge Steele took his seat as Bill Hacker slid up
beside him. “Bill, these lawyers have got me
They consisted of a box of gold coins, ten small whupped to rags. You know I wasn’t cut out for
heavy bags commonly used for gold dust, a pair of this job anyhow. You ought to been judge, ‘cause
bloody wire snips, and a bloody knife. you’re educated. I’m so ignorant I don’t know my
“Mr. Trewhitt,” said Claybrook, “do you way home.”
recognize these articles?” “You’re a fine judge,” said Hacker. He beamed
“I ought to; I got ‘em out of Waddle Duck’s his dark, drilling eyes at that sharp-whiskered goat
shack. Them nippers had a bloody toenail stickin’ Judge Steele had been watching. Then he
to ‘em, Waddle Duck had blood all over his whispered to Judge Steele. “Wardlow, I’m
sleeves, and that knife—” interested in that cocky newcomer down there.
“Your Honor, I object!” shouted Demeree. Name’s Fleming Fargusson. Flem-flam Fargusson
“That is not admissible evidence. It was obtained he’s called by thieving dogs around Flat Creek.
by illegal search of a man’s home. In this country, a I’ve been hearing some peculiar things about him,
man’s house is his castle. Our constitution requires too. He’s got a new trade. For a share of their loot,
a search warrant—” he keeps robbers from getting hung. Does it by
“Did you have a search warrant?” asked hiring witnesses to swear lies. That explains why
Claybrook. those two varmints were acquitted last week.”
Dan Trewhitt shook his head. “Never heard of Judge Steele’s jaws hardened. “Scum of
such a thing.” damnation! I knowed thar was somethin’ rotten.”
Claybrook looked embarrassed. “Your Honor, Hacker patted his knee. “I suggest we let
I’m afraid Mr. Demeree is right. I assumed Demeree put on his witnesses and we’ll see what
Trewhitt had a search warrant.” happens.”
“Never had nothin’,” said Trewhitt. “I just Judge Steele swung toward Claybrook. “You
kicked his door off its hinges and walked in. Didn’t got any more witnesses?”
take me long to dig up that stuff either—” “No, your Honor.”
“Object!” Demeree shouted. “Witness should “Demeree, you got any witnesses?”
wait until questioned.” “That I have, your Honor.”
Judge Steele got up, as mad as he’d ever been in “Call ‘em.”
his stormy life. “I’ve had all of this I can swaller. A Demeree nodded. “Call Hice Presswood.”
man’s house is his castle, but it can also be a den of “Ask him,” said Hacker, “what he expects to
thieves and scoundrels. Here we’ve got a flat-faced prove by Presswood.”
hippopotamus on trial for bloody murder, and here Judge Steele stared at Demeree. “What do you
we’ve got two witnesses who know enough about it figure to prove by this scum you’re callin’?”
to put his thick, ox-neck in a noose, but Axe-face “I expect to prove that defendant, Mr. Waddell,
Demeree says we can’t do anything about it. Not was in Cosby from Friday of last week until
only that, but Me-too Tabby-cat Claybrook chimes Sunday evening, hence could not have murdered
in and says Demeree is right. But, blow me, we’ve Dough-belly Proudfit on Saturday night.”
still got our hooks in Flat-face Waddle Duck, and “Prove it.”
we’ll hang him, by one route or another. What’s Presswood was brought in. He was a narrow-
WESTERN ACTION 6

faced fox, between thirty and forty. Cosby Gap? I said keep your eyes on me, you
Demeree asked, “Do you know defendant, forked-tongue stinker. If you don’t, I’ll have a
Dockney Waddell?” blinder put on you.”
“Sure do.” “It was a horse.”
“Had any recent association with him?” “What kind of horse?”
“Sure have.” “A—uh—a bay.”
“What?” “Dark or light?”
“Rode horseback with him to Cosby last Friday. “Dark.”
Stayed with him in Cosby over Saturday and “Any markin’s?”
Saturday night, and rode back with him on “Don’t remember any.”
Sunday.” “Now, see here, you fabricatin’ polecat, don’t
“That’s all,” said Demeree. He turned toward tell me you rode beside that horse for thirty miles
Claybrook. on Friday and another thirty miles on Sunday and
“No questions,” said Claybrook. didn’t see no markin’s.”
“Call Wilkes Happell next.” “Well—”
Wilkes Happell, a slim redhead, came in and sat “Keep your eyes this way, you lop-eared, lyin’
down. yaller dog.”
Demeree asked. “Do you know defendant, “He had a star on his face.”
Dockney Waddell?” “Then it was a horse, and not a mare?”
“Sure do.” “Well, yes.”
“Had any recent association with him?” “Any foot markin’s?”
“Sure have.” “Uh—yeah. Right front foot was white.”
“What?” “Had one glass eye, too, didn’t he?”
“Rode horseback with him to Cosby last Friday. “No. Sure didn’t have no glass eye.”
Stayed with him in Cosby through Saturday and Judge Steele nodded to Buckalew. Happell was
Saturday night, and rode back with him on hustled out and Presswood brought in. Judge Steele
Sunday.” resumed his questioning.
“That’s all,” said Demeree. “So your name is Hice Presswood, eh?”
“No questions,” said Claybrook. “Sure is.”
Bill Hacker leaned close. “Wardlow, hold your “You say you rode to Cosby and back with
hooks in this witness, and have Presswood kept in Waddle Duck?”
back. We’ll ask this punk a few more questions.” Presswood glanced at Flem-flam Fargusson,
“Bucky,” Judge Steele said to Sheriff Buckalew, who nodded.
“make sure that Presswood skunk don’t hear “Sure did,” said Presswood.
nothin’ this lyin’ monkey over here says.” “Did Waddle Duck ride a horse or a mule to
Buckalew beckoned a deputy and whispered a Cosby Gap?”
few words. Presswood glanced at Fargusson.
“A horse.”

F ROM A CORNER of his eye, Judge Steele


noted that Billygoat Fargusson had slid
forward on his puncheon and assumed an alert
“Sure it wasn’t a mare?”
Presswood again glanced at Fargusson.
“It was a horse.”
attitude. “What color?”
“Now, Bill,” Judge Steele whispered, “what is Judge Steele saw Fargusson close his eyes.
it?” “Dark,” said Presswood.
“Have that lying dog describe Duck Waddle’s “Any markin’s?”
horse.” Judge Steele saw Fargusson scratch his
Judge Steele nodded and swung round. “So your forehead.
name is Wilkes Happell, eh?” “Had a star in its forehead,” said Presswood.
Happell glanced at Flem Fargusson. “Sure is.” Judge Steele said, “Now, keep your eyes on me
“Now, just keep your eyes on me,” said Judge while you answer this one. Any foot markin’s on
Steele. “Did Waddle Duck ride a horse or a mule to that horse?”
AND SATAN CAME ALSO 7

Presswood flushed. “I—uh—I don’t They filed out and were back in five minutes. A
remember.” tall, iron-jawed miner remained standing.
Judge Steele got up, his anger boiling. “You “What is it, Stanton?” asked Judge Steele.
said you rode to Cosby Gap and back with that flat- “Guilty,” replied juror Stanton. “First degree
faced Waddle Duck. Yet you didn’t notice any foot murder.”
markin’s on his horse. Keep lookin’ this way, you Judge Steele nodded to Sheriff Buckalew.
pink-eyed snake. What foot markin’s did that horse “Hang that Waddle Duck, Bucky, and have your
have?” deputies hold Presswood and Happell in jail. We’ll
“None. Feet was black.” have more to say about them.”
“Was he a black horse?”
“Black as midnight.”
“Had a glass eye, too, didn’t he?”
“Yeah, sure did.”
W HEN EVERYBODY else was out
witnessing a hanging, Judge Steele and Bill
Hacker put themselves at ease.
“Now then,” said Judge Steele icily, “an honest “Bill,” said Steele, “if I didn’t have you to call
answer to this question may save your neck. How on in a pinch, them lawyers would drive me
much did Flem-flam Fargusson pay you to swear cuckoo. Who in tarnation ever said we had to have
these lies?” lawyers anyhow?”
“Fifty dollars. No, I mean—” Hacker filled his pipe with tobacco crumbs and
Judge Steele felt a pull on his coattail. He sat struck a match. “It’s something that grew up with
down. Bill Hacker nodded forward. courts, Wardlow. They’re part of it, like fleas are
Flem Fargusson was moving at a fast walk, part of a dog, I reckon.”
heading out. He was almost far enough to jump and Judge Steele got up and holstered his six-gun.
run, when five strong men squeezed him. It was “Well, consarn it, if you want my opinion, it’s
done so quietly there was hardly a sound. about time somebody was inventin’ a flea-killer.
“I’ll be right back,” said Hacker. He eased down We wasn’t bothered with lawyers when we
and out. In a couple of minutes he was back. “Now, followed Vigilante ways, and it was a heap
Wardlow,” he said, “about that search without a simpler.”
search warrant. Sometimes it’s all right to search Hacker smoked enjoyably and slid down onto
without a warrant; sometimes it isn’t. Depends on his feet. “You got to be patient, Wardlow. You’re a
how hot a scent an officer is on. But let’s just have fine judge—best there is. With just a mite of moral
a verdict and say nothing more about it. We’re rid support now and then, you’ll have things running
of Flem-flam for keeps. That’s something gained, as smoothly as a watch.”
even if we fail here.” Wardlow Steele knew it wasn’t so, and so did
Judge Steele swung left. “All right, jurors, Bill Hacker. But, by thunder, that didn’t mean that
you’ve seen what you’ve seen, and you’ve heard murderin’ polecats wouldn’t keep on gettin’ their
what you’ve heard. Let’s have a verdict.” necks stretched.

● Ì

Another fascinating character from the pen of Lon Williams, author of the “Judge Steele” stories,
appears in each issue of REAL WESTERN STORIES.
Don’t miss the latest of his Deputy Marshal Lee Winters stories, “A Desert Hippocrates”; it’s
one of the fifteen top-hand tales in our August issue, now on sale at all newsstands.

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