Mary M’Carthy

Evidence Type: Newspaper Report
17 October 1843



(Concluded from third page.)

POLICE OFFICE, Monday, 9th October—Before M. ANDERSON, Esq., J. P., and JOHN BLAXLAND, Esq., J. P.

THOMAS BELL and JOHN HAMILTON having appeared on their recognizances.

MARY CORCORAN, being duly sworn, was re-examined—Was in the habit of acting as storekeeper occasionally at the Factory; no one transacted the business of that department except Mr. BELL and herself; the bread, tea, and sugar, went into the general store, the soap into a store of which witness had charge; for the last five years O’NEIL had been in the habit of supplying the milk, with the exception of a short period, when Mr. DIXON, of Toongabbee, delivered it; since the last time O’NEIL had the delivery of the milk, there was no other person delivered any; witness was in the habit of receiving the milk and entering it in a book, which was taken from her by Mr. BELL about four or five months ago, (previous to this affair); the largest quantity ever delivered was 280 pints a day, as by her books; this was for the hospital and children, they were the only departments supplied, at the time the mistake was discovered about the children no alteration was made in the quantity of milk delivered; never received more than the allowance for the number actually in the Factory and Hospital; to the best of witness’ memory, the smallest quantity of milk delivered per day, during the five years, was 200 pints; witness gave receipts for the bread under Mr. BELL’s direction; he was storekeeper; there is a particular form drawn up to be signed by the storekeeper.

ELIZABETH REINHERT being sworn, deposed: her duty in the Female Factory, in 1842 was that of matron or overseer over the 2nd and 3rd classes; had charge of all the children except those who were in the school; the largest number under her charge was 220; it fell considerably in number, to 120 or 130; was in the 3rd class in 1841; there was a much less number in 1841 than in 1842 but cannot say the exact difference; had an opportunity of observing what rations were delivered to the children; from May, 1841 to March, 1843 they did not receive more than their regular allowance; when witness first went could not obtain the allowance of soap and hommany [sic] for the children under her care, owing to the woman over the class until she applied to Mr. BELL; Mrs. CORCORAN was in the habit of mustering the children once a month; this was in 1842, they were not regularly mustered until that year; Mr. BELL never mustered them; don’t remember that he did in 1841 or in any other year; never remember any one mustering them but Mrs. CORCORAN; never heard anything about the mistake as regarded the number of children; believed the assignment system was stopped in 1842, and thought the increase in the number of children arose in consequence of the number of women turned into the factory; was now sub-matron.

Mrs. CORCORAN recalled—It was the practice to deliver the maize meal in cart loads; it was received principally by Mr. B., but no one in particular was appointed to receive it; when it was delivered in the store and on the loft, it was received by Mr. B.; this was before Mr. ELIOTT’s time; Mr. BELL allowed the women to take from the store whatever quantity they wanted, but would never allow witness to weigh it; sometimes it was put into scales but never weighed; “I know how it was done;” it was first begun to be weighed on the 7th or 8th August last; at that time witness spoke to Mr. B. about weighing the meal; he asked if there had been any remarks made about it; witness replied none, but that she wished it to be weighed for the future; told him that Doctor HILL and Mr. ELLIOT had been there the day before, and had directed the meal to be weighed; it was weighed from that time until she left on 27th September last; before it was weighed there were complaints were frequent about the quantity when it was cooked; heard those complaints made to Mr. BELL, he said there was too much drawn, and that he was indebted to Mr. HAMILTON; they used to get 50 lbs of rice in lieu of vegetables; before the meal was weighed they never got any vegetables; but this was before Doctor HILL came—since then they have received their proper quantity of vegetables; since the meal had been weighed had heard no complaints about the quantity, because there was more than could be used.

ANN SHERWIN being sworn, stated; Was now cook in the Factory, and was in the kitchen department for the last three years; during the first year was in the kitchen eight months and three weeks and had been there now as cook four months; four months ago, on the 2nd of this month witness went into the kitchen to succeed a woman who had obtained her ticket; the meal was not weighed at that time; when first witness went to the kitchen the meal was taken there from Mr. B’s store; it was weighed at the store in her presence; when last there the meal was in a corner in the kitchen, and taken as it was wanted; the kitchen door, where the meal was kept, was locked, and we got the key from the overseer; was never told the key from the overseer; was never told anything by Mr. BELL about the meal; was in the habit of giving back, for the first two of the last four months, from 20 to 30 lbs vegetables daily, to allow Mr. B. for the meal that went into the soup, in order not to leave Mr. B. in debt; was only allowed to make a certain quantity of hommany [sic] for the women; the soup was thickened by maize meal and vegetables; could have taken as much maize meal as she liked if she had chosen to be dishonest, during the last four months she had been in the kitchen; did not receive half the quantity during the first two of the last four months, as she did in the last two months; during the last two months the meal had been weighed; witness demanded to have it weighed, in August last, and since then had been able to give double the quantity of hommany [sic] she used to supply, besides not having to lay back vegetables in lieu of the meal supplied for thickening; she had saved, during the last month, about 902 lb., after having supplied the women with as much as they could use.

LUCY MARTIN, sworn—Had been cook for the last four months in the Factory; the meal was first weighted to her about 1st August last, since that time she had had more than was required; about 900 lbs. were saved during the last month, which could not be made use of, after supplying all that was wanted. About twelve months ago, Mr. BELL frequently came into the kitchen, and told her not to use so much meal in making the hommany [sic], that she was ruining himself and family, that he was in debt to the Government, and would put witness into a top cell; the meal was in the kitchen, which was made use of as a store, but witness durst not use the meal; saw the meal come into the Factory, it was put into the kitchen; never saw it carried out of the Factory.

Cross-examined—Had free access to the place where the meal was.

ALEXANDER CAMERON re-examined—was clerk in the Factory; produced an account which he made out of maize meal received from the contractor for the use of the prisoners and children in the Factory, for the last two months, up to September; the quantity received was 6,254 lbs., and three days’ allowance short: after having served out the proper allowance, 1,232 1/2 lbs were saved, according to the scale—about an average of 20 lbs per day saved; witness issued the meal during the last two months; there are about 600 women and children now in the Factory; the maize meal is sent every day; kept this account of the meal by direction of Mr. ELIOTT; heard of no complaints during the last two months; never heard of any surplus of meal, previous to the last two months; the meal was occasionally received by Mrs. CORCORAN, who gave receipts.

JOHN JOHNSON, re-examined—On 10th August, 1842, there were 1193 women and 264 children; made the entry in this book as book keeper; there has been an erasure in the adding up; on 8th August, 1,195 women and 263 children; 11th August, 1,201 women, and 267 children; the mistake is about the children; at one time Mr. BELL thought seriously of it, at another time lightly; he told witness not to mention it; does not remember that Mr. BELL told him not to mention it to any particular person; does not remember that he told him not to mention it to CAMERON. Mr. BELL told witness that he gave him the number on the docket from the muster; never saw him muster them.

Mrs. CORCORAN, re-called—Had charge of the soap; was the person to whom it was delivered; when not there, it was taken to her room until she could receive it; the soap was likewise delivered by her until she was removed; from about six months after Mr. BELL went to the Factory the soap was in her charge, until she was discharged by Mr. ELLIOTT; the quantity of soap delivered in boxes was 112 lbs weight; sometimes two, and sometimes three boxes were received; on one occasion, last March, witness received four boxes, which was the largest quantity she ever received, for the last twelve months or more; witness asked Mr. BELL to weigh the soap, lest he should lose by it; he told her to take it as she got it; never heard of any extra soap being allowed to the hospital since she went to the Factory; has proved that 15 to 20 lb. soap a month was sufficient for the use of the hospital; kept an account which is at her lodgings.

The Court adjourned till Tuesday morning, when MARY CORCORAN was again called—Had brought the account referred to last night; the person who came from HAMILTON and MILLER’s delivered the soap; the three papers produced were received from him; they bear date the 2nd, 13th, and 16th January; he delivered the quantities mentioned therein; the fourth paper produced it a memorandum witness made on the 10th January, 1843, of loose bars of soap taken by HAMILTON’s man on that day; received no other soap than that mentioned in these papers; by the memorandum, made this memorandum particularly because the previous receipts for soap had been taken from her by Mr. BELL; to witness’ knowledge, no other quantity of soap, in January 1843, was received for the establishment at the Factory; the requisitions produced, taken in February, 1843, were received by witness during that month; took a memorandum of the remainder of the soap received during that month; by the memorandum, received 170 lb. and 112 lb., making 282 lb., on 1st February, on the 7th received 147 lbs., on the 16th 56 lb. in loose bars, on the 17th 97 lb. in loose bars, and on the 13th 101 lb.; in that month witness received no greater quantity than what she had mentioned; on 1st March, 1843, received 80 lb in loose bars; witness then stopped keeping a memorandum, finding it was more than she dare do; in August witness began again to keep an account of the quantity of soap received during that month, which is at the Factory.

Cross-examined: Sometimes the soap was received in boxes and sometimes in loose bars; witness made a memorandum on the days she received it, was very particular over that; swears this memorandum is correct as to the quantity received for the establishment in January, 1843; generally gave receipts for the soap; swears she received no greater quantity than is mentioned in the memorandum of February, 1843; left off keeping an account and weighing soap in March, because Mr. B. got quarrelsome with her; could not keep a memorandum when she could not weight the soap, and Mr. B. would not allow her, he prevented her by saying she must mind her own business; he used witness ill, and got others to ill use her; declined mentioning the ill usage; has no bad feeling towards Mr. B.; were she to tell, it would do him more harm than good; swears she only received 4 boxes in March, 1842; cannot say what she received in March, 1843, beyond the 80 lbs.; was prevented keeping an account by Mr. B.; cannot tell whether any more was received in March; Mr. B. was continually humbugging about it; Mr. B. did not give witness the soap in the regular way in March; in the month of March not more than 2 boxes of soap came in for the use of the establishment, and the 80 lb.; in March, 1843, Mr. BELL puzzled witness; Mr. ELIOTT and Dr. HILL came to Mr. BELL’s office in August last; heard Mr. HAMILTON tell Mr. BELL in their presence, that he (Mr. BELL) was indebted to him (Mr. HAMILTON) in a large amount for vegetables overdrawn within the last three months for the use of the Factory, and that he (Mr. B.) would be obliged to pay it out of his own pocket; witness said to Mr. ELIOTT, “It was a desperate thing to have to pay for things which never came;” vegetables were supplied every day for 12 months previous, from the garden attached to the Factory; vegetables came partly from the garden and partly from the contractor; a memorandum which appears dated 1842 is a mistake, it ought to be 1843, which witness did not like to correct; in the beginning of August Mr. BELL sent for witness to his office, this was a day or two after Dr. HILL spoke about the soap; he said, “Now Mrs. CORCORAN we must do away with the soap, there must be some mistake about it, or else ‘I am done'”; I replied “I cannot do anything but what I am to do”; one bar of soap was allowed for 20 dozen for the public washing and given to the laundress; the soap was never weighed to the women; never delivered any soap to the children until last month or saw any given; they received 4oz. a month; had seen soap where it should not have been; it was given to those who were not entitled to it.

ANN EDGELEY, being sworn deposed: Had been generally employed as laundress for the last 4 years in the Factory; had to give out soap for the public washing; 15 to 20lb. a month were given for the Hospital patients; a bar and a half of soap for 30 dozen was given to the Laundress for the public washing; 2 lb. a week were given to the women who washed in the Hospital twice a week; half a pound was given to each washerwoman on the washing days; and for the whole washing of the Hospital clothes; witness gave each washerwoman one pound per week; there were only two women appointed for washing the Hospital clothes; the 2 lb. a week was given out of the 15 lb. or 20 lb. which witness issued in the month; Mr. BELL spoke to witness about destroying the soap; Mrs. C. did not send her to Mr. B., but she told witness he had been speaking to her about it; Mr. B. asked if the Military washing had gone back; witness said it had; he then asked if she would wash any Hospital clothing; witness said the blankets were all clean; he said she was a very good manager; he said he and his family would be destroyed; Mr. B. told witness she had saved a good deal to him; on the next evening witness and Mrs. C. reported the conversation to Mr. ELIOTT; witness had an honest and just feeling towards Mr. BELL; witness is living in the same house now with Mrs. CORCORAN; has had no conversation with her on the subject.

P. HILL, R.N., deposed—Has attended the Factory as surgeon since January, 1841; when he first took charge of the hospital found it was the practice to deliver about 60 lb. of soap per month; on making out his accounts asked B. (about 1st February, 1841) as to the necessity of supplying so much soap, he said it was quite necessary, and witness was satisfied, and allowed it to be drawn from that period until July, 1843; in August declined taking an account of soap into his account, but handed it to the storekeeper; since witness refused allowing the soap the requisition has been made by the storekeeper himself (Mr. B.); since then the quantity does not exceed 20 lb. a month, but witness has no means of knowing except by the books; never spoke to Mr. B. about the soap but once.

JANE JOHNSON sworn, deposed—Has been overseer of the laundry eight months; one bar of soap was used for 20 dozen, until within the last two or three months; now one bar for 14 dozen; a bar weighs to from 2 1/2 to 3 lbs.; had been four years in the Factory; the quantity of soap weighing one ounce used to be delivered once a month to each woman; has known it two or three months, and sometimes eight or nine months, before it has been delivered; the quantity produced weighing 2 oz. has been delivered once every fourteen days since Mr. B. had the management; the bar of soap now supplied is sufficient, but not more than sufficient; it was not sufficient for 20 dozen of clothes.

CAROLINE JAMES on oath, states—Has been eight months laundress; one bar used to be delivered for 20 dozen of clothes; it was no sufficient; it was generally given; when we had small clothes it was sufficient, when heavy washing, it was too little; all the time witness was in the laundry we used to apply to Mrs. EDGELEY for more; it was never more than enough; we seldom got more; we did occasionally.

MARGARET CROSTON being sworn, deposed—Has been laundress two years and four months; one bar was used for 20 dozen of clothes, it was not enough; we were allowed a quarter of a lb. for a dozen; when we wanted more we did not always receive it; we are now allowed 2 oz. every fortnight; formerly we did not get it for four or five months.

MARY M’CARTHY on oath, states—Has been three years in the needle room; about 2 oz. of soap used to be given her in six months, and once she did not get it for twelve months; we get twice as much now in a fortnight as we used to have, provided we had the former quantity delivered regularly; the present allowance is sufficient; Mr. B. had not the giving out of the soap; never complained to Mr. B. about the soap, nor did she hear that her fellow prisoners did.

ELIZA DONALDSON on oath, states—Has been in the Factory three years; one ounce a week was formerly allowed; it has happened that witness has not received it for nine months; afterwards she got it at three months; the quantity she receives now is twice a fortnight; we were frightened to complain, we were always punished if we did; plenty in the Factory were punished for making complaints, by being put in the cells; Mr. B. mustered us every morning; Mrs. C. of her own will, has kept women in the cells seven weeks; witness was confined seven weeks in the cells for allowing a woman to comb her hair in the needle room; Mr. BELL came to see her about once a fortnight; Major COTTON was then Visiting Magistrate.

ALEXANDER CAMERON re-called:— Is Bookeeper [sic] at the Factory; has kept this book (ration account) about two months; kept it by order of Mr. B.; the quantity of soap delivered for the first 14 days of this month, for every purpose in the hospital, was 6 lbs.; Mr. B [?] told witness he had issued out during the last two months 6 or 8 lbs. on two occasions; the earnings of the women in the Factory since Mr. BELL went to it have been from £7000 to £8000.

GILBERT ELIOTT, Esq., being sworn, deposed—Has been Visiting Magistrate at the Factory since June, 1842; a report was made to him on the 8th August by Mrs. C. in reference to some soap; Mrs. EDGLEY accompanied her; on the following morning saw Mr. BELL on the subject; Mrs. CORCORAN told witness, in presence of Mr. BELL, that he (B.) had told her to destroy a quantity of soap, in order that the soap for that month might tally with the soap for the previous month; it was about that time witness had given directions for the soap to be weighed; Mr. B. made no reply—he neither denied nor admitted it; he was at that time Storekeeper at the Factory; the duty of Storekeeper is to ascertain what is the number of the women and children in the Factory by mustering them—to ascertain for whom rations are required—and to make requisitions for such rations to the contractor,—his duty also is to muster them in the morning, in order to check the muster of the Matron of the previous evening,—it is also his business to receive the supplies from the contractors, and to see the rations issued to the prisoners; it is the duty of the contractor to furnish the supplies from the requisitions; Mr. HAMILTON has been acting as contractor’s agent during the time witness has been Visiting Magistrate at the Factory; remembers a Board of Enquiry having been held relative to the affairs of the Factory in August last; this statement, marked A, was presented to the Board by Mrs. CORCORAN; Mr. HAMILTON appeared before the Board; a written statement, marked B, was delivered to the Board by Mr. BELL; the one produced is it; it was laid before the Board on behalf of Bell and his wife; heard Mr. H. say before the Board, he had acted as agent for the contractor for five or six years; heard him say the requisitions for rations, made by Mr. BELL, were sometimes made personally by chits, and sometimes by messages; heard him says he had no books so far as the rations were concerned; he said he kept sheets of paper whereon he entered the articles of supply for the month, and at the end of the month destroyed them; he said he kept a running account with Mr. BELL, and settled every month with him; he said he supplied all that was required for the Factory; heard him say there had been a mistake about the children; he said Mr. B. was generally indebted to him at the end of the month; the duty of the Storekeeper is to give receipts for all the supplies received into the Factory.

Cross-examined.—Mr HAMILTON came on being sent for by the Board; did not know who was paid for the articles supplied; the Commissariat pays; witness preferred the charge, and issued the original summons in this matter, in his capacity of a Justice of the Peace, and afterwards preferred the charge on oath against the parties charged in the information.

Rev. NICHOLAS JOSEPH COFFEY, Roman Catholic Chaplain, at the Female Factory, deposed—Mr. BELL enquired of him whether Mrs. CORCORAN had said any thing injurious to him (Mr. B.) before the Board of enquiry. Witness told Mr. B. that from a communication he had with Mrs. CORCORAN, he understood she had said nothing against him (Mr. B.); said nothing to witness to influence Mrs. CORCORAN; spoke to Mrs. C. about the matter, and told her to do justice to the Government and to the women; Mr. B. asked witness to speak to Mrs. C.; he seemed disturbed (from his manner of speaking) lest Mrs. C. had said any thing to the board which the Governor might take hold of against him; he seemed dejected; he said if Mrs. C. said any thing about him, he would be ruined. The Court adjourned until—


When the parties being again brought before the Bench,

Mr HENRY WILLIAM JOHNSON, being sworn, deposed—Was clerk to Messrs. HUGHES & HOSKING, and managed the contract department for several years; had known defendant, HAMILTON, for a length of time; knew of two agreements entered into between Mr. HAMILTON and HUGHES and HOSKING, as regarded the Parramatta Contract; one is between MILLER AND COMPANY and HUGHES and HOSKING, to supply maize meal and flour for the Parramatta contract, from the 1st of April, 1841, to 31st March, 1842; the other is an agreement between Mr. HAMILTON and HUGHES and HOSKING, to act as their agent, in reference to the Parramatta Contract, and to supply certain articles at stated prices; the firm of MILLER & CO., includes Mr. HAMILTON; when the contract money was paid to HUGHES & HOSKING by the Commissariat, according to the cash vouchers, which are compiled from the monthly returns, it was the duty of witness to see what articles were in the cash voucher under the head of rations, and to forward a statement of the same, and the amount to be paid to the various sub contractors; this is forwarded to the office of HUGHES & HOSKING, to check the order they might receive for the payment of their goods to the agent in Parramatta. (Vouchers produced.) These were the cash vouchers furnished to the Commissariat, and the figures were, he believed, in the handwriting of Mr. HAMILTON; the cash vouchers for the Parramatta contract were in the habit of being furnished to the Commissariat by Mr. HAMILTON; Mr. HAMILTON was paid as follows. (Here the witness described the mode of payment.) In one or two instances witness had seen Mr. HAMILTON draw orders on HUGHES & HOSKING; the orders should have been drawn for the amount of the quantity contained in the cash vouchers; the order drawn by Mr. HAMILTON upon HUGHES & HOSKING, was a sufficient guarantee; Mr. HAMILTON, by his agreement with HUGHES & HOSKING, would be paid for the quantities of goods appearing by the cash vouchers to be paid to HUGHES & HOSKING, but at the prices mentioned in the agreement between them; always considered Mr. HAMILTON an intelligent man of business; has heard from Mr. HAMILTON that he has been acting as agent for previous contractors to HUGHES & HOSKING, for the Parramatta contracts; Mr. HAMILTON’s settlement with HUGHES and HOSKING, relative to the Parramatta contract, was monthly.

JAMES MITCHELL, Esq., on oath, deposed—Is a Clerk to the Commissary General, in the Commissariat Department; produces an account from the Commissariat Office, shewing the quantity of milk charged on account of the Female Factory, and paid to the contractor, from 1st August, 1840, to September, 1841; this account was compiled by witness, from the Commissariat provision and cash accounts; to the best of witness’ belief, this account is correct, as compiled from the papers in the Commissariat Office; the value of the milk drawn in excess, at the rate of 280 pints per day, according to the contract price, appears to be £426 11s. 3d.

Cross-examined—No calculation is made as to the substitute for the milk.

Commissary GOODSIR, being sworn, states—Is Assistant Commissary General; has known the defendant, Mr. HAMILTON, more than five years; has been in the habit of receiving monthly returns from the Factory during that period, signed S. BELL, Matron, T. BELL, Storekeeper; received the returns from Mr. HAMILTON, as agent for the contractors; the returns for the Female Factory were all in the form produced; it is the duty of the storekeeper to furnish a correct account of the number of persons in the Factory; his duty is, also, to inform the contractor of the number of rations required every day for the use of the Factory; as regards the quantity, a printed form is kept in a book; the number of rations he ought to have required was according to the number of persons actually in the Factory, according to the scale of Government allowance; the duty of the contractor is to furnish the number of rations as required by the storekeeper, and to charge for those only actually supplied; the Commissariat had to pay for all certified by the storekeeper, according to the monthly returns; the contractor was paid every month, about the 24th or 25th; the number of women was certified by the Matron; the number of rations required by the Storekeeper; the two vouchers produced, marked C. and D. are cash vouchers, furnished from September, 1841, to the Commissariat by the Contractor; and the figures noting the quantities, are taken from an abstract of the monthly returns; all the supplied furnished to the Factory are contained in these vouchers, and they are receipts for the prices of those supplied according to the contract.

Cross examined.—Substitutes in case of scarcity and of necessity, had been supplied; the necessity for them is first ascertained; the Contractor names it to the head of the Department, and if deemed practicable after communicating with the Government, they are allowed; no alteration can be made in the supply of provisions without a written authority; the Storekeeper cannot, even in case of necessity, furnish substitutes without permission; in settling accounts, if it be found the Contractor has been overpaid, it is deducted in the next monthly account.

GILBERT ELIOTT, Esq., re-examined—Heard HAMILTON say all the rations were supplied according to the returns, and that he was ready to swear to that fact before any Magistrate in the colony.

Cross-examined.—He did not say he had any doubt, nor was there any reservation.

Mr. CALLAGHAN, on behalf of the Criminal Crown Solicitor, stated this was his case. He had expected his friend Mr. NICHOLS would have offered some observations on the part of the defendants, but as he had declined doing so, he (Mr. C.) deemed it his duty to say a few words as to the course he considered it the duty of the Court to pursue. He had distinctly proved five charges against Mr. BELL, and four against Mr. HAMILTON, of a criminal nature, upon all or any of which, the defendants might be committed. To get rid of those charges it would be for the defendants to prove that the quantities charged for were really drawn and required and that the rations so charged for had been supplied. Had Mr. HAMILTON acted as an honest man, would he have charged the Government with rations which were never received, and which he knew ought not to have been charged? No less a number than from eighty to one hundred children had been charged for, more than what were actually in the Factory. Upon Mr. BELL’s attention being called to the fact of rations being overdrawn, did he prove that he had immediately mustered the children? No! he recklessly went on in despite of all remonstrance. The learned gentleman here cited several cases bearing against the defendants, as regarded the charge of obtaining money under false pretences; he further contended that the defendant BELL had been guilty of forgery, which had been proved almost by his own admission; instead of ceasing at once to draw, at the extravagant rate he had been going on, he had endeavoured to conceal the circumstance from the Government by reducing the rations; according to the monthly returns, he had proved that in the month of September, 1841, Mr. BELL knew he was overdrawing, and to establish his innocence, he must prove he knew not that he was so doing; there was, he thought, no doubt but that a fraudulent arrangement had been made between the parties, and that they had both been privy to the frauds practised on the Crown.

The Bench, after a short consultation, fully committed the parties for fraud and embezzlement; at the same time upon the application of Mr. NICHOLS, admitted them to bail, themselves in £200 each, and two sureties each in £100 each.


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