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(Buffalo) All right, come on. Come on now, will ya? I got me a big dry on.
Can't you make it run no faster? And not all foam.
All right, all right. That's...
Here you go, Hondo.
Will surprised us all, didn't he?
Not me. Tom Bixby said the day he made sergeant he'd marry that girl.
[Laughs] I remember when he said he'd marry her as soon as he made corporal
and that was three years ago! [Laughs]
[All laughing]
To Tom and Lil.
Yeah.
Say, what are we gonna get 'em for a wedding present?
Well, we got plenty of time.
He's got a long ride to Tucson, and then they gotta get hitched.
It'll be another week before they get back.
To Tom and Lil.
Yeah. [Laughs]
What'd you two get 'em for an engagement present?
Well, they gotta him drunk and they got him tattooed.
[Laughs] You oughta see it, too.
A great big ol' red heart with "Tom and Lil" writ on it
and an Apache arrow right smack through the middle. [Laughs]
To Tom and Lil.
(Buffalo) Wherever they may be.
And if I know ol' Tom, he's gonna be right under
that big fat yeller moon.
Whereupon Hondo Lane and Buffalo Baker will proceed to the jail at Red Rock
receive the prisoner Sgt. Tom Bixby and escort him to San Pueblo
where he will be tried for murder.
Murder?
A priest from the mission.
Bixby? Well, that's, uh...
That's kinda hard to believe.
Well, I'm afraid Sheriff Thompson would argue that point with you, Mr. Lane.
It's seems when Bixby was apprehended, he not only had the murder weapon
but $200 in gold the priest was carrying.
A priest with $200?
Yeah, it was for a silver mission bell donated by the citizens of San Pueblo.
Well, it sounds like one side of it to me.
Now wait a minute.
You are not to get involved in this in any way.
Your orders are to pick up and deliver Bixby. Now that's all.
The Army cannot interfere in a civil murder trial.
But we can make sure that a soldier gets proper treatment
and a fair trial. Understood?
โช โช
Come on, Sam.
[Sam barks]
Ladies and gentlemen, my name is Phineas Blackstone.
Have you ever suffered from flux?
It's a deplorable condition.
A friend of mine in Tombstone suffered from flux
and I introduced him to Blackstone's Efficacious Elixir.
Good for man and beast. Only a dollar a bottle.
Now, I make no exorbitant claims
but today
that man is leading a healthy, useful life in Toledo, Ohio.
[All laughing]
And he's the proud father of eighteen happy, robust children.
Yes, ladies and gentlemen
this patented elixir
is a guarantee of perpetual pleasure.
It's spiced with euphoria ambrosia
the magic curative ingredient.
It's a boon to sufferers from hives, sciatica, gout,
lumbago, plumbago, housemaid's knee,
hay fever, and warts.
It... it improves the circulation, clears the lungs,
tones the stomach, and livens up that lazy liver.
Gentlemen of the trail, just the thing for the saddle sore and weary.
A tonic for those tired old tendons. Only a dollar a bottle.
Well, who'll be my first customer?
Here, I'll take one.
[Laughs] You'll never live to regret it, sir.
A word of advice, sir:
it's best taken after sundown.
โSheriff Thompson? โI'm his deputy.
Sheriff's inside.
[Laughs]
โSheriff Thompson? โThat's right.
Prisoner's all yours.
You can thank that fast-talkin' huckster out there that he's still in one piece.
Is that so?
Bushwackin' a padre just about heads the list for gettin' up a necktie party.
That Yankee peddler's the only thing that's keepin' their minds off of him.
He'd a gotten away, too
hadn't been we were sent out to look for the padre.
Hey, hey, Sheriff, I don't see...
what's one got to do with the other?
Well, one of my men come across the body of Father Francis.
The $200 and his gold watch was missing.
And we trailed the killer till we caught up with him headin' south.
Hey, Hondo! Buffalo!
Boy, I'm glad it's you two.
Friends of yours?
Hondo, I swear
it wasn't me.
Well, maybe I just better take him in myself.
What's between him and me has got nothin' to do with my job.
All right. You take him in.
Me and my deputy'll ride down and testify at his trial later.
You come from Red Rock?
Yes, a delightful community.
Seen anything of two men and a prisoner?
No. Could I tempt you gentlemen to a little medicinal refurbishment?
This is Blackstone's Elixir...
They're from San Pueblo.
You supposed to be escortin' that killer to San Pueblo?
Yeah, well, no jury has called him a killer yet.
I mighta known he wouldn't be tied or handcuffed.
Well, we been sent to fetch him.
You got papers?
Don't need no papers.
Colonel's word's good enough.
What colonel is that?
Colonel Jake Spinner, retired Confederate Army.
He runs things in San Pueblo.
Well, I run things here and he
stays with me until he's delivered.
[Chuckles]
Move your horse over with my boys.
(Hondo) Stay where you are.
Hold it back there!
You shoot, I shoot.
Now move over with my boys.
[Sam barks]
You go back to San Pueblo and tell your colonel
I'm bringin' in that prisoner to be tried.
Not hung.
It's a long ride to San Pueblo.
I'll be seein' you around.
You know maybe you should've just let them take me.
You do get me to San Pueblo and Blunt'll just say that I hang.
Blunt?
(Buffalo) Yeah, that's, uh, Judge Amos Blunt.
He'd hang you for workin' on Sundays.
I'd have your attorney ask for his disqualification
on grounds of personal prejudice.
(Buffalo) Well, the last attorney that stood up to Blunt
left town before the case even came to the trial.
That man should've been disbarred.
I better replenish my merchandise.
Oh... [Pours out cup]
Hondo, what... what're we gonna do about Bixby here?
You read the orders.
How'd you manage to get into this mess?
Well, it was
'bout halfway between here and Morrison's tradin' post.
I was just ridin' along easy
thinkin' about Lil.
I see this Indian ride off like he was bein' chased by the devil.
โApache? โYeah.
I come up on this padre with a knife in his back.
Musta been the Indian, and I scared him off.
You go after him?
In the dark?
What chance would I have?
What about the, uh...
watch and the $200 the padre was supposed to have?
Yeah, well, I found the $200 alright
but he didn't have any watch.
I figured the Indian killed him for his horse
took the watch
and I scared him off before he could find the money.
Why'd you take the knife?
The same reason I took the gold.
To give to the sheriff in Red Rock.
But before I could explain it his posse had the handcuffs on me and
then when I did explain, well, they...
they didn't believe me.
Maybe the jury will.
No, not in San Pueblo.
See, that's where the padre's mission is.
Just outside town.
Say, Hondo
you reckon we could locate that Injun?
First thing we gotta do is get Bixby to San Pueblo.
After we turn him over, well...
then we'll look for that Indian.
[Clears throat]
Not quite as much bite as the last batch.
It's the correct blending of herbs but
perhaps a little more therapy.
Uh, yeah.
[Laughs]
Buffalo
why don't you go keep Bixby company, huh?
You seem to know an awful lot about law for a traveling man.
A smattering. Comes in handy in my precarious profession.
Well, it took more than a smattering to get outta that jam in the sheriff's office.
I've a great deal of experience with local sheriffs.
What do you...
what do you think his chances are?
That depends upon judge, jury, and evidence.
Well, none of 'em look too good, especially the evidence.
From what I heard in Red Rock it's purely circumstantial. Prima facie.
The defendant's word against the prosecutor's.
Yeah, well, you're forgettin' one thing.
What's that?
He hasn't got a lawyer.
In most courts they appoint a public defender.
The only thing public around here is a hanging.
How long has it been since you've been hired out as a lawyer?
Longer than I care to remember.
Were you any good?
The best. They made me prosecutor. I never lost a case.
You mean you just plain quit?
That's right.
Well, quittin' is one thing but
runnin' away's another.
Why?
(Blackstone) Because, my inquisitive friend
one can be too good.
Three years, six months, and two days ago
John Rutledge
stood on the highly polished oak floor of the Boston Criminal Court
and prosecuted a man for murder
brilliantly.
I held that court here.
Using only circumstantial evidence
I demolished the defense
won my case. The man was convicted
and summarily hung.
Well, there's nothin' wrong with that.
But for one thing:
he was innocent.
Six months later somebody confessed to the crime.
And that's how
John Rutledge became Phineas Blackstone.
โMr. Rutledge... โThe name is Blackstone!
All right, Blackstone.
Bixby hasn't got a prayer unless he
can get the kinda lawyer that John Rutledge was.
The man you're looking for died on the scaffold with his victim.
You'll never dig him up again.
Now if you'll excuse me, I have some pressing business to attend to.
This is where I leave you.
Well, you could come with us.
No thanks, Mr. Lane.
Tombstone's an up-and-coming community.
It should be good for two, or three, or even four dozen bottles.
Well, I can't guarantee you'll sell any elixir in San Pueblo
but you might be able to save a life for the one that you took away.
Sorry.
Overruled.
[Horse neighs]
That road might be a little tougher to travel but
could be worth it in the long run.
Thanks anyway, Mr. Lane.
This is the road I travel.
Good luck, gentlemen.
Thanks for tryin'.
Hey, Hondo
order me somethin' to eat, will ya?
I'm goin' 'round back see if I can get his shoe fixed.
Hello, Morrison.
Hondo Lane.
Well, I see you held on to him, huh?
What does that mean?
Well, the colonel's men rode through here yesterday to fetch him.
Is that right? Well...
Buffalo Baker's out back. Fry us up three steaks, will you?
Well, you and Buffalo's more than welcome.
But this murderin' skunk, he ain't eatin' here.
Make mine a double order.
Just one to a customer.
Morrison...
Look, Bixby's my prisoner, and I got orders to feed him.
Now you're gonna make us somethin' to eat.
All right.
But let him make the most of it.
'Cause it just could be his last meal.
[Sam barks]
Hey, we got company.
It's that lynch mob from San Pueblo.
[Sam barks]
Shut up, Sam.
You oughta see what's leadin' 'em.
Like I said
it just could be his last meal.
You wanna play it out there, or
in here, Hondo?
Let 'em come to us.
[Sam barks]
Shut up, Sam!
Glad you come, Colonel, sir.
Hondo Lane.
Colonel Jacob Spinner.
44th Cavalry Brigade
Virginia Volunteers.
Yeah.
Well, the War's over, Colonel.
I won't waste anymore time, Mr. Lane.
I'll relieve you of the prisoner.
Well, I'm afraid only one man can do that,
the court in San Pueblo.
That's merely a formality.
I've been delegated by the good people of San Pueblo
to take the accused into custody.
Nobody's got a better right.
It's the colonel got the town to raise that money for the mission.
The money this murderin' skunk knocked the padre for.
โNow that's a lie! โSit down, Bixby.
Now I don't care what your interest is, Colonel.
It's sure not for the safety of this man.
Do you consider yourself a veteran of the Confederacy?
Why, you're a disgrace to the memory.
It's men like you who lost the War for us
panderin' for Yankee favor
protectin' their murderin' kind.
Let's get outta here.
Well, what appears to be the difficulty here?
The colonel here is, uh...
fixin' to take Bixby with him.
That is, uh...
if'n we let him.
John Rutlege, attorney at law, at your service, sir.
This is not a court of law.
Well, nevertheless, as the attorney of record I must insist
on my client's rights of lawful procedure.
These include his safe conduct
with his legally authorized escorts
Mr. Lane
and Mr. Baker.
He's nothin' but a sideshow tonic peddler.
That is my avocation.
This is my profession.
Don't let him talk you out of it, Colonel.
If any man here attempts to forcibly intervene
I will personally see that he is prosecuted
[Cocks gun]
to the fullest extent of the law.
Are you gonna stand still for that?
There's only one man here I'm after.
It'll take a little longer to see him hung
but hung he'll be.
You can take my word for that.
Come on, Sam.
(Rutledge) Peaceful and pastoral, isn't it?
What made you come back?
Oh, His Honor and I... [Horse neighs]
Well...
Actually, I remembered another purveyor of liquid medicinal
that passed through Tombstone recently and hadn't fared too well, so
I thought why not try San Pueblo.
It's still virgin territory.
You took on a big job. You better get rid of this stuff until that trial is over.
You said the road to San Pueblo would be tougher.
That, my friend, was a classic understatement.
Look, before we go any further I want to ask my client a question.
Did you kill the padre?
Are you for me or against me?
Look, I'm committed to your defense, so I'm assessing the odds.
Wait a minute.
[Bottle breaks]
You're as bad as he is.
Uh, these two gentlemen want to see the sheriff
and I want to see the judge.
Well, uh...
what can I do for ya?
(Rutledge) Just a minute.
John Rutledge, attorney for the accused. Where can I find the judge?
You're lookin' at him.
Amos Blunt
sheriff, justice of the peace, and general factotum.
Well, this is highly irregular, to say nothing of being illegal.
No man is empowered to place a person in custody
then mete out justice, then inflict the punishment.
Oh, I can. Saves the tax payers a lot money.
If the Court please, I'd appreciate it
if I could have a two-week trial postponement
for the purpose of acquiring additional evidence.
Well, the Court don't please.
Now any evidence you gotta collect, you better collect in, say, in...
24 hours, 'cause that's when I'm startin' proceedin's.
Such a refusal abrogates my client's basic constitutional rights
and is entirely without precedent.
Uh, look, Mr. Rutledge, you...
Come here a minute. You better save some of that legal talk for the trial.
Looks like they do things a little different around here.
What kind of evidence do you need?
Plenty.
For a start, I need more information from Bixby.
Judge, do you have any objection to our goin' inside and
talkin' to Bixby?
No, objections. No.
Come on, Bixby.
Uh, as long as I'm there with him. [Laughs]
There ain't no good I can do in there.
โI'm goin' over and whet my whistle. โWell, I'm not so...
sure there's any good I can do.
Yeah, but how am I gonna describe that Apache?
I didn't get a good look at him.
Now, what about the horse he stole from the padre.
Did you get a look at that?
Yeah.
Yeah, it was a white-faced roan with white stockin's.
White-faced roan... [Laughs]
Desperation sure makes the imagination run rampant, don't it?
Your Honor
I respectfully request a change of venue.
โWhat grounds? โDue to a prejudicial atmosphere.
My client has been harassed and threatened by those men outside.
Overruled, on account of I ain't lettin' that killer outta my sight.
Well, we're gonna find that horse. Open up that gate.
I wouldn't bother go lookin' for no horse.
You're liable to miss out on a first-class hangin'.
Ah, any luck?
(Hondo) No, but he said he got a good look at the horse.
He could be any place out there.
Yeah, I guess so, but...
โ...better than sittin' here. โYeah.
(Apache at bar) More drink.
(Bartender) You've had enough friend. Get out.
(Apache) I need more drink. Bad sickness.
I said you've had enough, Now get out!
โGimme drink! โYou heard the man. You had it.
Get out!
Get up!
You didn't have to do that.
John Chee? What is he doin' in here?
Aw, he's been drinkin' all day.
I don't know. He lost his gal to some other buck
and he's been tryin' to drown his sorrows.
โWell, maybe she'll change her mind. โNo, too late.
Hoti have fine horse to give her father.
White man's horse with iron shoes.
I have nothing to give but goat.
Yeah, well, when is the ceremony?
When moon looks down again.
John Chee, go back home and don't turn around.
Everything'll work out all right.
Go get the horses. I'm gonna go get Blackstone.
Blackstone, you said you were gonna stay off that stuff.
A legal technicality. I said I was off my elixir.
Well, you're gonna come with us to get the evidence that you need.
Shouldn't I stay here and perhaps pick up some other evidence?
Pick up some other evidence?
The only thing you're gonna pick up here is cobwebs.
Ah, what possible contribution can I make?
Now, look, just stay sober.
Make your contribution at the trial.
Go.
There's the padre's horse.
Yep.
Sure fits Bixby's description.
Where's the Indian?
He's up in that cave.
Well, what's he doing in there?
Well, that's sort of a Injun custom, Mr. Blackstone. When a...
an Apache wants to get married
he's gotta go up there and sweat out all the evil spirits.
Sorta like one of them, uh...
Turkish baths.
Hondo here he had to go through it when he
married up with Destarte.
Keep an eye on the horses. I'm gonna go up there and get him.
We need him alive. A dead man can't give testimony.
[Chanting]
[Chanting]
Hoti.
No use, Hoti.
You killed that padre, and
another man is gonna hang for it. I'm gonna take you in for a trial.
[Barks]
[Sam barking]
Well...
there goes Bixby's chances.
Well, he don't have any gold watch on him but...
we got the horse anyway.
(Rutledge) If we can get back in time.
If we don't that's going to be the shortest trial and the quickest hanging on record.
Well, Colonel, let's get this thing on the road.
[Pounds gavel] Quiet!
Let's get it quiet in here!
Quiet, please!
Tom! Charlie! Go find yourself a seat somewhere.
Joe, shut down the bar.
Irma, will you shut up over there?
Beulah!
Quit tamperin' with that jury and find yourself a seat somewhere!
Quiet! [Pounds gavel]
This court's now in session.
Well...
Looks like our lawyer friend's got more sense than we give him credit for.
[All laughing]
All right, Colonel.
Present your witnesses.
Your Honor, I'd like to call Father Verona
prior of the mission.
Father Verona
would you take the stand please?
Father Francis' only possessions were a gold watch
and $200 graciously donated by the good people of San Pueblo
through the kind efforts of Colonel Spinner.
When we apprehended Bixby, he had the $200 in gold on him
and the murder weapon.
When we come acrost him, he said as how he was on his way to gettin' married.
Guess he sure coulda used that money.
Thank you, Deputy.
You all look like intelligent men
and I don't think there's a shadow of a doubt in the mind of anyone here
that this man viciously and cold-bloodedly committed this heinous crime
for the sake of that gold sitting on the bar.
[Murmuring]
Any more questions, Colonel?
That's all, Your Honor.
Well...
it looks like to me
we give this defendant just about as fair a trial
as anybody ever got in this here court.
Now you gentlemen
go do your duty
accordin' to what you seen and heard here.
[Footsteps approaching]
Uh, if Your Honor please...
With your permission I should like to acquaint the court with the reason for my delayed arrival.
Uh, you got it.
My associates and I have apprehended the real killer
one Hoti, an Apache Indian.
He killed Father Francis for his horse and his gold watch.
Well, you got him? Bring him on in.
Well, unfortunately...
he was killed while resisting a citizen's arrest.
[All laughing] (Spinner) Your Honor
this man is wastin' our time.
You mean all we got is your word that he did it?
Why, not exactly, Your Honor.
With your permission, I should like to present some new evidence.
Go ahead.
I wish to call Father Verona to the witness stand.
(Judge Blunt) Father Verona, will you take the stand?
Your Reverence
could you identify the animal
that transported Father Francis on his fateful journey?
Yes, I could.
I should like to have your permission to introduce
the horse that was found in the possession
of the now-deceased Apache Hoti.
Did you say horse?
A white-faced roan with white stockings.
Oh, no. I'm afraid you have been misinformed.
When Father Francis left our mission
he was riding a ring-eyed burro called Cyclops.
[Murmuring]
You may step down, Father.
Well, Mr. Rutledge
since you found the wrong horse
maybe you can find the right watch.
I'm sorry, but the watch wasn't on the Indian.
Of course, there's an explanation. There must be.
It's difficult for me to understand
the hatred I see in this room today.
The desire for vengeance rather than justice
the eagerness to hang somebody
anybody
without sufficient proof.
You are the same people who loved Father Francis.
You're the same good people who raised $200
that this gentle man might have a bell for his mission.
I... I can't believe that overnight you've become vicious and vindictive.
A lynch mob.
Is this what Father Francis taught you?
Is this the action he would have counseled
and commended?
Mr. Rutledge
these are good people.
This is a good town
and all we truly want is...
is justice.
Now, I'll tell you what.
Since that, uh, Indian that your
friend says he saw did it
can't give too much testimony right now
you just explain to us
how the Father's gold watch disappeared
and how a ring-eyed burro
turned into a bald-faced roan with stocking-feet
and we'll say that you got yourself some sufficient proof.
[Murmuring]
[Whispering inaudibly]
Buffalo
he says he just remembered something that might help.
You better keep talkin' until we get back.
I'll do whatever I can to delay things.
(Hondo) Let's get outta here.
Your Honor, uh...
due to the circumstances...
extenuating circumstances...
germane to this trial, I...
[Murmuring]
I should like to petition...
I... I crave the court's indulgence.
You all right?
[Whispers] Sit down, boy. I'm fine.
Did you want Doc Preston?
Here, Your Honor.
That won't be necessary. Just a short recess
till I recover from this seizure.
(Judge Blunt) What's ailin' you?
The doctors call it gastric lumbar coronatis.
Oh.
Well, in that case
in the name of humanity
justice
I declare this court in recess
until I call it back to order.
The bar's open.
Can I get you something, sir?
Take this water, my son.
You must be parched.
Thank you, Your Reverence.
Order! [Pounds gavel]
Now, Mr. Rutledge
if you have nothing more to say, I suggest that we
turn it over to these fine gentlemen here.
Well, before that happens, Your Honor, uh...
I... I'd like to address the jury for my...
for my summation.
Well, that sounds reasonable enough.
Have at it.
Gentlemen...
the entire case against my client is based on circumstantial evidence.
Random hearsay.
So it's... it's... it's this man's word
as opposed to... to...
to what might have happened. [Murmuring]
In the annals of justice
many innocent lives have been sacrificed
by the opinions and prejudices of countless juries
composed of average, well-meaning men like yourselves
and...
by the relentless dedication of many prosecutors
self-righteously determined to get their pound of flesh.
โThat's him. โUh-huh.
What're you fellas up to?
That ring-eyed burro of yours...
It's none of your business.
Didn't happen to get him from the padre, did you?
What if I did?
I got him legal.
You know, there's one thing sorta befuddles me.
How come a smart trader like you traded a
sorry-lookin' burro for a good horse, huh?
Maybe he tossed a little something' extra in the deal.
Yeah? Tossed in what?
That's also none of your business.
Now what do you think you're gonna do with that rope?
I'm gonna go get that burro and take him back to San Pueblo.
That'll just stall things and confuse the jury.
No, sir. I ain't gonna do nothin' to help that Yankee
bushwhackin' that fancy-dan medicine man.
Everybody knows that Bixby killed the padre.
Well, suit yourself.
You'll get your burro back after the trial.
Come on, fella.
[Hoarsley] And the Bible itself says
"In the mouth of two or three witnesses..."
"shall every word be established."
Now I take that to mean eyewitnesses
of which there were none in this case.
No one to witness this heinous crime.
Mr. Rutledge
we're all God-fearin' people.
Now I suggest that unless you got somethin' to say in plain English
to this jury here
that you sit down somewhere and rest your voice.
Your Honor, I must insist upon my right of uninterrupted summation.
Legal precedent R. J. Wilson vs. the State of Massachusetts
Court of Appeals, July 6, 1865.
All right. Proceed.
Only so long as you can be heard by everybody in this room.
Hold it, Hondo!
Put him back!
He's my property.
Well, you might get one of us
but that won't change things any.
[Sam snarling]
[Gunshot]
Hey, Morrison.
You dropped your watch.
A gold watch, huh? Well, maybe it's the padre's.
Is this what he tossed in?
It takes but a brief time
for a man to die on the gallows
but many years of self-torture
remembering he was innocent.
I know.
I sent such a man to his death.
I pray I can spare you the same tragic mistake.
So if you have the faintest shadow of doubt concerning this man's guilt
then you must find him innocent!
(Judge Blunt) Mr. Rutledge
we would do just that if there was some shadow of a doubt
but there just ain't no shadow.
[Donkey braying]
Your Honor, I believe there's your shadow of a doubt.
[Murmuring]
Get that thing outta here! This ain't no county fair!
But, Your Honor, this is Cyclops, the burro Brother Francis rode.
[Murmuring]
(Rutledge) He was traded to Mr. Morrison here
with this gold watch for the horse for which Father Francis was killed.
Order!
Order in this court!
And there, Your Honor
as some famous judge somewhere once said
is your "some sufficient proof."
[Laughing]
(Judge Blunt) This court stands adjourned.
Hey, Bix
Don't you get off of that horse now until you run into that gal of yours in Tucson
you hear?
And then don't stop until you see a preacher.
โGood luck to you. โSo long.
Bixby.
Goodbye, gentlemen.
It's been an interesting experience and a distinct pleasure.
Well, I thought you'd be headin' back East.
I don't think that's likely.
You ain't gonna waste all that talent sellin' patent medicine?
You never know when my services might be needed out here again.
Anyway, there are many towns to see
and things to do. Good for the flux.
All right. Come on, Your Honor!
Hey, Hondo, what's that say?
โWell, it says "Blackstone's Efficacious..." โNo, no, not that.
The sign on the back of the wagon.
Well, that says the same thing.
And then underneath it says "Attorney at Law."
Oh. [Laughs]
Well...
here's to attorney.
โช โช
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