111 511111 OE mv;,t xtreravnFer.. .7. , ‹,' • l i CaSOlll :Ind Riot 1 „ • • .. •.. 7;.:VDIIOIOI4.IYEALTD' :vs: - Otis:in:Es -•iitnv,•:Joitiv ----;----Wiltrairigo-Aat;Pti4l.l:E.R3-j N,SAyAG.Eir... ;: . AND! OTHEDS, iOR, RIO/', AND DISTURBANCE. Or 'ink - ATURE DECk.I4ID4D: LAST; in . ourliatforiaf pareirmihy , re: . 7 - . in court in. this. .••'!•• 'all that.. We. then' felt justi-, •7.-',',..4edin'tiaying:Altlicikla we ' had ,takeii :an • .naiple _report the, proceedings in _court, We 'did not deem it• Proper -then to 'go into: •. : :•,-Atition:Of:thetourt in the prenfees, and pub:. •;:.' : , - ../icatieitia'relatiVe.to pending eases are •objee myniany. _Pei the Ori,c . 7 • course - taken . :by the `• ,'the last Reperter,'!. in :nit garbled . and•.party,eolored . statement , •transactions,. has- put:-.an entire nifty -the 'Matter ,; :int! accordingly, to. i ; - ; , - .rightly. info rift , the mind abroad, we. subsequent columns af full, Fair and' candid account orthe.'proceedings, .....i.Y6Which we.invite the. serious attention Of. : , our4eitilersi . • . - • • • • „ . This case is otie. of theniost important in the - judicial annals of-Pennsylvania or of the ;._. -- _United - States;:rand-herice die necessity not „ 'Only Of :Stating •the truth concerning . it 'et .:present; but leavingte those -who shall, Come • (tarits . 1 'correct inanity ofit,in all its - bear- - This weltad done up:to -- the.finding the bill Of indicfnient by the Grand Jury, • • itthe'„Laitarrseashina of our Court, h ieh •_!_.l:lliill,Was,:published• in Our liver of.lati,lAhOj We•;now•tontinue:the narrative; which s of-everrpatri., the very is laid in one ofthe .itibaCoatrageous violations of lath and order : Although conapiratore have secured a, : 2 ' 7 relfriitelbr"a• Wilfonths; by the force of le : '-'loliitiiblea • and' ingenious bet contemptible - stibtlitiesOheir escape in. only t emPorallp, "'"•:-"The',friends - - constitution &- •.laws. • - , "• t tliititighotit the Common wealth . may rest as touted "that' the efforts ,to--bring-'to. -condign_ ritisithisent the men who. have - . 0 fearfully. ' th at the obitir will•ht Meet'the - _ re ward - ,Of . : their heinous ( vlrerices,'.. 'The evideifEe against 181;1,04r roof Of lisAy rit,'-'. • -lied if they-do -not fsel the justice of the laws -'• they haVe _will not be-becau se `,• • itheydo not tieservelt - ,, `but lieimuse - flies. ,powerless; to avenge dieir.a'ssail-• • 1.6 guilt_of those,invelved in :the -• • prOtent.propeeution, * know tfte.m. to:be '."n,or'o4y. O 1 a bruticil but - troii-vsEkstisc . fire terms of Our `laws- 'Vih:our. own_ey . isaivth*retrelling in unrestrained licentione•-„ - •=nese• in • the Halls of the Legislature; after •1 • '• - haiirig - driven:out •that body,: and:with : bur : oivn sail; we heard - their . . tit aaonable•deelii: Yation3; and the, fact of their haiing erected :::21k-gbiernme4t_Withia a gpvernment--;an int!. ' itt leferethe world; not Init avowed by theniselves. e iiderstatid---,that _these7offencea, will till ' '.'embraCed in the bill Or bill s which will be . ---4aeut.up_l6' the• Grand:. Jury at the . August :'.iessions, and *for this .reasoii • e - rather re- regretthatiltaite b lwas quash ' • , , • • 1 1 1 . keivIvitY-shouid Nte rin ce the matter? i Nirtyloreuttd-the-tpitli?---Wity—hesitate the facts? We see no•reason for -'doing Jib, and hence our free declarations , --7--L-lietere._tlie...trialdeclarationa *which - Yhtta)Fe with the mote -freedom; inasmuch" as tde rife *net witnesses - orso concerned in cottrt as to render plain speaking indelicate. Nay, plain speaking has been rendered ne . .. , ceitaary by ,the course of -Othtr - pressea - ini • and.they and. the. public Shall Aire again say, 'that we are only induced :kiotti . to give this sketch . to•the Public, to tor erroneous imp ressions attempted td would' a pestilence. • • . . . _ . ~ . - ' [Reported for the Pa: Intelligcncer.) - _4?itarter t Seritti,otta_gf:Dittfphin Co l in ity. dipiii - Term 11539 S - "Ai &Court of .Quarter Sessions held in `•" 'line ' lin4 for - We County pf Dauphinin January ''.' 'Lit,' the follOWing;bill of indictment was.re7 ‘,..;, 'in 'lliad by the:Grand Jury,, "a Trut - Billto faT, 7 -aA 7 -.respe,cti _:Charigs__P;a.. y . 2.... JAR J. , 13 41.!Cahetti John W 4 Byer', Sohn Savage, Joseph Hall Karon F. Cox, George 'W. anon, ..,ITihn7Sifyaff, - 3tattin - . 7- Danlap -- , , ~ . Amine Black,_A.daml i biller, and so. far as re . ?spec* George Sanderson and E. J. Penni- . • 'Ow not;' 'The Bill:" ~ , 4tittuary Bessionti r A. D. 1839. '- - VAIIP IN dur•rry, set' 1 % 1 , . , ~ • , ‘••• The G d: I questoltheCommonwealth, .4of Pennsyl ania,nmluiring-for -the -County s ; . , ,ebl.Dauphixt upon their oaths and affiima , lions respectively Do presentlhat Charles ' ' - ``Pray, late of the County Philadelphia, John °M' _when late of ,the county of Philadelphi4l --- ---4--ohn:W.ltyzu.late-itifjtke tong ty - Biilia4el- 1 phis,,' Joseph Hall late of the county of .., -Philadelphia. Sohn Savage, late of the-city - lefPhlladelphin'Aaron.K - Cot, late Of _the : -county of Cumberland; George W: "Barton; ' ,%. , - late.ijf the eity,or, banbaster, John : Snydei, ' l . . late of - the count'y ofUnion, Martin Dunlap,, ,' • ... itde o f 'the . county - pf Cifitherland, jarnes - -1 - - Bleck. late of-the county_:4ft Petty w aee.r", ~- . i. ,, 9-Sandersott late'of Ctunberland count.YM. J. .7 -- itiiiniiiirliii,Tilatir of-the-county:latrhilOel , -"phis-and -General , AdaritzDiller,late 'Of . the' e•'' tounty of Lancaster being' perseni - of - e - Fir ~,.- ff''nlinds ' , nit& dispositions, together ' Avith di -11%"..,,; :tvert*ther, ,, evil- dispos ed 'millions. ..to the <l4llo . er oriehUndred brinore, whose.nernes ' .- : - - t ill as yet unknown; '7 s ':!..:''''' ,„. foiirth day of " December in the e Year ‘ of, Liii(FOrier'Ttedusand Eight Ilun-" ... • . ~,,. ....,Ig t, Avitii forceanal arms, . --- '' ' ISTAititirg in the, aunty a;:* ISM INMiI .~.a:~;8~~ u .:.^t . .. .. .r. . , • _ • X tt. au ti 4 0 - Iry o . ttorr Tar -_-, • . .. 4 . . . . such Senatrirs, .Of the, - Commenwealtii of ... -peli,ksyli;aniti - imaaeNTOcE;etijoitted -, upom:tern , ( T oo .Constitution and Laths of thtl`. said: Clomnion*eal 1-V of Pennsylvania., .• Arid - the . jurors -aforesaid, : upcin.AlietoMthii - andialtr . . - : matiois iiforesaid, do further - yresent„ that the said ,Charles . Pray, John J. ltiPCalien, 'John W,i'RYan;:JnSeph Hall.' JohnSafige, Aaron . F... box, ti9o . rge,-AV:: BarkM,- John siiyoi,lViMiti Dimlap;Jaines 'Meek. Geo.. -Sanderion, ELI. PentioniatrandAdamlJil ler; _together With_liiiers 9ther:evil.dialvsed persona, to the number of 'sone hundrell'or .more,. wito§c nainds are: to„the: jurors afore- gaid as yet unlit - intim, afterwards, to *it, on 1 the . flitirth 'day of DeCentber, in the Year *of ' Our Lord °One -lmas:and Eight Hundred - and Thirty-Eight, at the Boro:ugh of Har risburg aforesaid, in • the county 'and Com inonwealth'iforesaid, 'with force and . arifte,. _did -unlawfully, riotously, and.iouteusly as . - seMble. arid m'eectOgether, at the Stoic Chp- - itol of : the COmmoniveiltkof rdn4 1 351nia, -- at the . Borough-of Harrisburg aforesaid; and' in the . Senate' Chamber of the said:. State Capitol, the .Senators olthe_iaid .Com men wealth of Perthaylvanialhei . 6liil share being assembled and -then there holding a . -Session Of the said' Senate of - ilie.said Common-._ 4ealth — il . "Pennsylvania; :and, 'th . e. said Charles. P.ray, : jOin J. :A.l?(Jahen, John W. 1.2,.Y . an,.. Joseph Ilan, John - Savage, Aaron ..F..Cos, "Geo. W. Barton, John. Snyder, illarEin-Dunlap,--jaines-Blich -GeOrge-Salt ,dersOneE.-1. Petinenian, - ea - Adam - Diller, - Aogetherlvithilivers. other-evil-disposed-per-- -sons- to-the nomberfof one hundred or more, whose names are.to the.44lrors aforesaid as -yet-urikno wit,. being so- as 'aforesaid assem7 bled.and met together; then and there unlavv ftlily,'riiifouirly, and • routouslyr, did Make a great noise; ilea, anddisturbarice i .and staid and continued there aking such-noise,..flot, and- dinurbance, for long-time -to -Wit,_ for_ the - Space, of three 11 'ors; . mlll ilinieliy - fiiii: and - during.all that f fie f gre_ally/disturbed,_ 5) disquietcdonolest . d, , o'veritlire,d; and.tiMida- , ted, the.said S'oriaters; of .the.said Comincid-.1 wealth of Pennsylvania; dien . and there as-, sembled,_ Witkintent_to ,itind4 and prevent tile *said Senators andtliere constituting' and. lioldilika' Session of:the said Bin*" pfl ilia 'said tTommonwealth of Pennsylvania; from disclr ' -- f Ormi» a _ tile . 41U tips_en ._ , joined fthe-Crinigution iandl Laws of CoMm6nyealth of Penn sylvania; to the great damage; disqUiet, an noyana;_and-terrer-of.Tht--said.Senatorsof tote =said na tezofilthe said' C ornimOnw.ealth I of Peansylvania;.to example of all others ;in con te apt of: the_ said- .Cvpinoy-__ wealth'and. her Lawk, , and against the peace,, -and-dignity-of tlre,Commodiorre im-_ sylvania. . . Ana the jurors aforesaid, npon their-oaths pa-atiirmationfi- aforesaid,' do - : ftwther.Lpro, sent,' that the said- Charles Pray, John J. :11PC.Ulien,:John W.. Joseph 1141, , John •Pavage, Aaron F. Cox; George W. Barton, John Snyder, Martin DOnlap, James Black, George Sanderson, E. J..Venne. man, and Adam-fillets-together with divers other evil disposed perions to the number ,Of one hundred or more, (intim:jurors afore l'sid •as yeto n ktow — n)onThe.fonrtli — day of December in the Year of Our Lord One I Thousand Eight Hundred and Thirty;Eigitt _with force and arms at The 'Borough of Bar, -risburraforesaids—irrthei - county7afarestrui, and in the Senate Chamber of the Capitol of-'the Commonwealth - of Pennsylvania aforesaidalid__unlawfully, tiOtOUSiy_fTOIA -011913, and tumultnonsly,assemble a.nd gath er together to disturb the peace of the said Commonwealth af Pennsylvania, and being so then and there assembled and gathered riOgeder, did then and there make 'great noises, riot, tumult and -disturbance, and then and there unlawfully, riotously, rout ously, and tumultuously, remained and con ltinted together.making such. noises, riot, tumult, and dieturbance; for a long space of - time, to wit, -- for he space of ttifewitours and more, then next following, to the great annoyance, disturbance, disquiet,•terror and al' rm not only of tit:l - Sena - tors of the Coin intriwealth orPennsylvatria,:the said Sena= tors being then and there. assembled and constituting and'helding a Session of the Se nate of the said Commenwealth of Penn sylvania, but of all other good and,peaceiliF citizens of the said Coininonrvealth of Penn .sylvania. then 'and :Imre, being, in contempt of the said'CoiliE6lQe;alth and heiLaws, to the evil example of 'all others in like cases - Olfoioiit - , - aiiiVaiiiiitit the peace and - digiair: ty of the Commonwealth Of Pennsylvania. At the same Court, Charles Pray; John 1.11/PCalien, John W. 'Ryan, 'John Savage, Joseph 'Hall, Aaron F. Cox, and deo. 'W,:- Barton, having appeared in compliance with recognisances previously entered into be= fore Judge; Blythe, ;they having been brOught before'him by bench warrants pre vious issued by - him,) and being again bound over. to Npear at the APril 'Sessions, - to answer to the above indictment, the trial wascontinued-atAfte instance of ThelQom raonwearti Untirtheiiesentliiil - e(iirt. On, Thursday. morning, (April is, 1.8384 .the C ourt 'mei at 9 *ce. cleelvi. M., and theta being no , other indictinentlietqr for -trial, the, court called on the trial ,egatasttthe con spinners. ' ' - ' ' h\• tdr.Fpurei, on behalf of the 'Colurnon wealth rose and`stited that,theiouruiPt_for 'the Commonwealth Were disposed to:try as Inaukittthe,diferidania.namedialiiiinliek -rrient before the ;same jury, et possible, and, that•they intended to;try three o r oo r e..by the same jury if they found that,there were jurora enough in _attendance to *- 6',40,..and desired the COO to •direei thielerlt toicall over,t e jurors names in,tlie patine , w itch was , granted. . Ou calling over the;names, 'but e i ghteen juroOs, (ogefforty eight, the number: drawn,). answered to their names.- Mr. fieneu, again, rid- rose a stated-that he - perfectly P-';sfte'd etlia't the trial of , thr Ito 'Court as soon d's ; they , shoultb - accom7, __pli'ilijhat _object, I :__,2, L__ _=-, , , :' 1 Mr., Fisnint liero - a - gruiiiiieitibrirtiiteirtii = the Colirt, that rigne , of the defendants had -as „yet plead to_theindictmcnt,_and , that he -then:called uporLthem to plead, at the manic._ tune inquiring if i there was any geunfeman of the par -present w lid' waticqueerint. for. .Citiiti.na 'Putili ? -,; : . • _ • Mr. Gco. W: 'BATON replied'tliatle in. conjunction with.MessisAmmits and - RAWN _ropreseuted'lfinse/f apd-all-the ,other de. - - feifilants • against ivhoin this bill'Of indik meat had been foinufi, and that: when Mr. PRAY Vi'aS ofidially called upon, he Would answer. - .. • . . . • . Mr..FisuEß stated that he. would . call Cuantss Pray, at the same time.desiringlo linont if lie should read the iudictriient to Cum.Es!Pray . heforecalling upon.' hini - to plead. , • . • :JudgeLimin.: It - is not..necessary_ to read. the indietnient of CHARLES PRAY, as' heis.repreeented here by Counsel. - .`, '1%11%. Pistita then called—linaeas PRAY!' and the-defendant,restionde4 !' Mr. I.lAnTok then rose and stated that he motion to niakg4, foOncled. :upon sonie. allidavits which 'he. held in his hand „and would read totheCourt. • . . MT. , FISIIRR objected to their being read until examined. by the Counsel of the Coni .in'onwealth, who (lie contended) had.i . - right to:lie:appriAd of their poutents before they should be- read: that . they. - had ...a right. to oh- • feei:fdlliiiiheing . TeildirthereotiranetY impertinent or irrelevant matter, and • that they had a right to inspect them before being . read in ' order "to - enable them to. determine whether an objectiog to the - in:could he sus- . . tamed on the grotind. that they were itot re levant to the queStion.Labout to be -tried. judge IhrrnE. - . The, party - has a right -to reed his • affidavits—witlrout---previonsly submitting them to - the opposite party. Mr . .. : "MillEß: The sffidavitsi.proposed to-bs read . - are• - expaiVe afildivits,. - taken -iii the, absence of. the Coimnonivealth's coun sel, without their having an - opportunity to cross-examine. . Nay, . they ' have .- been gworizrto_in_open..Court; before:yourWon or, without. having, been lead to - you or in your presence. - • 'The Men who made the '--affiti6vits-were-called4his-motningLin_our Presence, liy -Mr. -- lParroN; and the question asked •of - thein respectively--by-.him, .. !did.' read-to yell the colitelifiisnf this affidavit?' and, were _then sworn to before ytiu,:.:,Nei, titer your Honor nor 'Ourselves • then. knew What they contained, nor.does.your Honor nor die counsel ortheCommonwealthnow , 'know . thei rtentents; -- - rusk Alien,- (said Mr. Ij - that - if yeur.XiinT3F - WiltiiiitlieTriiiitrTus to.inspect diem, -that TOU- take them.- and peruse thew_before_they. are .read t In order that you may become acquainted with their contents,- and be - enabled to .kidge whether .they. contain matter that is pertinent-ofrele 'ven-t to the . trial or-any motion - preliminary . thereto, or tiro ought to . be read us. used au' this proceeding. - -- ..• Judge BLYTHE. Kr' rite party has the right, to read the affidciviti-withoutappris -int,' Tag -COURT-OR—TIIR-OPPOSITE,EARTT_Ofi 1 t heir ~- eir contents;=-- , . • . Mr. BARTON then proceeded and read the affidavits (as published in \ thelast .13g‘porter') irthot-fullv one-orvince_aturwittr evinced the petty malignity lie entertains towards Mr FISIIEE, and the gratification he _felt_at-being able, as he supposed, to injure him in the estimation-()This fellow citizens:. -When Mr. B. had finished, his congenial task of defamation, he coven To QUASH TILE BILL OF .IkracTidmiTiound_againstliniselti. and the other defendants, for reasons which he !lad to The Court, and stated that Mr. At ; nicks and Mr. RAWN would argue the ques tions of law involved in them. and that as in this motion the Defence would be entit led to the conclusion, he would follow and reply ,to-dre — arguirmnts - of - the Counsel-for the Commonwealth; if necessary, The -'reasons- submitted tvere as follOws : the Court are respectfully asked-te quash the above.named bill of ifidictinetitTfor Ths following O'Wl'tz -- 'l. persons who acted es grandiju , Tors, and by .whom the said bill was found, at the January sessiOns„ 'A.' D.,11539, had_ no authority by law to act in that capacity, not laving- been-.selected , ,arid returoek cording .to - the provisions.of the several acts __of_assembly,directingthe_modotselect , ing and -returning jurors. - 2.' The sheriff and cormnissoners Lad no authority to select , and return, as grand jurors, 'the person wh'o limed as such at . the said• January 'sessions, A. D. 1839, 'nopre iept having been isssed by the court, to them, for .the purpqse, without which the whole proceedings were erroneous and-il lsgat ' 3. the- sheriff-mid commisioners have not el:implied with the indispensible requi sitions` of the several .acts of assembly, in drawingand-retuining persons who under! took to, discharge the, functions of grarndiw ..rors at the Said sessionscif January 1839: 4. - 11 e persons WhO as grand ,ju= rors, and found the bill of indictment above .mentioned, Were incompetent jwlaw to per forirLany...euch act, not 'hiving been sum rridned according to Jar 'end -under tlie TheritY of the epurt,-Mi.-Writ-Of-v-enirellteias under the seat , et/to:court of Q4arler , .ifiro4s; Wing been - iisued - to the-sheriff* - commissioners:Tor - that 5.• The several provisions of the acts of Issenihly have not been 'complied. with, ei ther in `l4:awing, ,eeleeting. summoning,, 9r. returning the persons -who aefed as grand jurore, andfoundiliCsaid bill.of indictment: consequently All their,acti are null and void, and the, defendants' cannot be 'called. on to answer, bathe hill' %must be Otrohed, the , ' whole-process been defective, and illegalt • . 6. The bill Of indictmenvis initself de ! fective, in the xequisite#. of sufficient and aubdtantial'averintints.' - - "Int is defectiVe and ~insufficient: in the fact' that it does not set forth the. addition of iiirrrelThifendante;; hit inentiOnsinei6 Thelr.4tnes 4 ; a. waet,i?f • ler' 4 42e . de • - long sp;il P lU 11011-COMgyr :the;: 15110'0 tam ? y ~ ~ S ~~j ~ ~ w . - ....~~~ 'r~l , r • r" • fl ple'ading, an d „ tnvis . AnCe: First An 7. foiCAL.lti:'-s"r, fri - 11 - 6:: 1 1Y, I -,36oirt -r , _ ej,7lvarpa,. In thor report of1:808 - ,ti) the leg- IsKtete - 91 the state:•': • •'• - 11 AMILTON A ',RICK'S, Counsel, ,CHARLES C. RA:W.N.. j for deft's Harrisburg, April 18 , 1839. - Mr.:B/mb proceeded With the -- argu 7 ment._ % .„Thelndietnlent , (said he) must be. Atiatilletr;tts-ii,o,priCcpt issped,to the Sheriff Atitti ConitfailtsioaerS'of AO :draw-GI-add Jurors 'for the January Sea, sions,and,there-was :no-authority-in--the- Sheriff Commissioners tii 7 dritir . the IGrand • Jury .. by w Itom the bill , was found. c ThiCSO preempt was could be found-in the Clerks. -officS, none was re `turned and there; =and therefore: the ISheriff,and Commissioners acted ,without any, authority in.drawing the Grand Jury, all', consequently all their ,acts as. Such Grand Jury_ were absolutely void and of I no Validity in point of IThe Venire (said Mr: A) to which is at - ' , melte.' the panifel 'of the Grand Jurors by' whom this :Bill Was found, 'is absolutely Void. Ittfact, VENIRE_EIAS-EYERIS! SUED from - the Court of Quarter-Sessions of Dauphin County - to summOn the Grand ;Jury_ who found this Hilt. ,(pretend ed) Venire has not-the Seal - of - th - Court of QUARTER SESSIONS affixed to it, but ass the -Seal of the :Court of COMMON PLEAS utt4ereforeilis not merely votnA nr.c, but is,bfteason or die essential ADSOLCITELir VOID, It is in fact .a Venire in form - Without the Seal or the court: It is signeil by the clerk of the Quarter -Sessionst—but but . . .:does not 'help the defeet. if the Seal of the Quarter Sessicins had been.affixed, the Venire would have bon good.even if the ClCrk had omit ted-to-subscribe his-name-theretoi----But here although the Clerk has signed the per, that does'not cure the defect of the want - of: Scab- - All -proceedings of Courts of Retord can only be. attestedbYtheif Seals.-All at events,.a n proceeding of .this_ kind; Whieh is a Writ of the Court of Quar , ter Sessions,: and must be . attested by the Seal ortliat court to give-it -any__validity. Wanting, that essential requisite, it is totally defective and void, 'and.,.all acts done- by a Grand Jury thus summoned, (a's - in - Ala , ' present; case) are 'totally illegal and of-- nc -effect. - In supportof these positiniis cited ankread—Purdotes Digest, pages - 4 66, 567,. sections _1013,109J I% I I I; . • pagi 213, sec. 54. - 6ih - Binney; - 447, - Coetli vi EatOn.J, 5 Sergeant and • RaWle. Black. stone's Cominentaries paid Brown's_ Re• ports. he %vas..proceeding - to argue these mainitt exceptions - at - lentil, when tin Court-requested-him - to: postpone- his - argu anent, announcing. that the hour bf aljotire nient had, arrived. .- • . • - - The Court - then •aajburned - iiII - 110ITpaS) two .ol.cloek; P. • ATTERNOCiN SESSIO'N.• --- A - t - serdn - as the Court opened, Igr:Ftsu• ER rose And stated that his colleagues, IVl r es• ars . AvnEs:and Al'CLuat;, andliimself; ha( given to the eXceptivs all the attention it their power during therecess of the :Court and tlnt_tbey-had,-come to -tt zonclusion at. to the . course to .be pursued by the Com. nilinwealifi; 7 —that it 'was matter.of great doubt with them - whethor the bill of indict ment-mustAidtbd -quashatl-on-=4.lm-jeom the . Court qf 'Cominon .dixed_to it; by the Clerk., through inadvertance dr_neg-• leer; - instead -- of hp-Seal-apthe Court o f Quarter Sessionq,—that those doubts, had operated - upon' their'roinds so far as to bring; theM to the conclusion that theywohld not object to the indictment, being quashe be cause even if this Court should .be now of, opinion that the•indictment should not ber, quashed, butyvould -put the defendapts up)) their trial on the and a - -•coniiotitt should ensue, it would be fruitless, i 07.• inych:as after Conviction the defend is might inove an arrest out a writ of Error, under' either of Ihich rempdies the judgmentwould be aiested -or reversedif,thegieniro.should_proPto 'ctive and void. -=What therefmeithey. LW 'the is to c, were. not .disposed to.,encounter ti .or occupy 'the lime and .attei Court and:jury.iiii abootless ini the guilt* innocence cof.the del asmuch as if this venire imar void;-andihe-,trialAdttiehLresul viction of the defendants, jut' be-areestearoica-Traititni-to— versed:on a writ of Err& it —:That as the 'motion to ceeded from TIIR.,DEFENI and from one Of theist in (Mr. BARTON ' ) and. WWI i wealth!s. counsel 'we' quashing of the. presei for several reasons, Al was That they,:.-were with. the bill, inls pal the defendants.: NO StrietinitieeTo4l COthrordwealth • to be charged been perpetrate( peace andTdignii exentplary 'par •the bea4s.of i coontryisbon) That they, ortheveso . ,a—tO-prepore-and-sent.l,',-op toethe .y.at the, August sestiicms-a hill or IN Arline a count of the ,defendat tded on the act of Assembli of this , /wealth, of the Sd -I)ecem ber-J7131 HIGH TREASON; as- well •iif for t tenons charged in the 'pritient' = • ' And .;_(said Mr. tisher,), all remarks shoUld on my loot s were it not that - . 1 reef . ' Javittee.,trijEtirlieltind to my fells to\noticti, - Pertain :a04 , 14..,„; t8 .beensetek ciart , tl l , l , .4 -- ern": tdittits. - T7f: ntn.. 'datits ci ' 7l 14 " 4 0 named jit this . Indict' who. is, _____Oy, s Tfdht. sty,fi : Onv4lietfact, convicted d timpoi on .. tbr. our *oaths in the . 1 of bauphin county. for on:nutrageousl hroal assau l t ap4 battory.cointnitted upo a .;respectable: eitzei. or,t4o.b?rOugh.. , : 6 Y-were drawn up by 004,Wie acting: ta,i _ :are,- in., bi g i huitdikilll47^, were prep .' Vhimip se; 001;!rtgefiillit;TO)lit- *Ore Ti i v i t h.. ',ot.beiti,s",ro4.ll to PO' !. ( 1 i the %du the co would art - or TCI - Court.. bad pro neniselves, pi persona, ' Jd solely on the Connon 7 eppolie the _of 'lndictment, icipal of -which elves _dissatisfied it did not charge' offence -that in d ente:laud._ bx-01.0.' ,la.ws, Ahoy ought .Thili -- offences ist her laws- and, her forf.the-mei ‘ it to be visited inpog 'horn a. jury pf Ade; Were guilql of;thcim--- it Oppo i se the quashing Ipdietrnexii,,beciause it. vitmen: and Consequently without affording nie an oppertunity to cross-examine . • them, and - strip them of their--exaggerationmid false coloring and ~ to expose the" petty, contemptible , malignity of their authors,_ - alidliteir eiders and abettors:- The object of introducing theni, here - is' but too appa rent; they were introduced, not becatise they: had, any - ,.relevancy ; jo• the matters:br contest here, but for the _purpose of .injur inQ mein thb estimation of the public with, the - hopooo 'of - destroying, the effect of my. exertions in this. cat*, and to impress up on the! - minds of the jury and COurt theta. faithful, vigorous and coescientien discharge., of my itutr - FroCeeds, front motives of mere ,personal hostility to the defendants; Sir, (said Mr. P.):l.pity Pe'. 'mino that' could carry into "execution so base; contemptible'' and paltry a.piece of malignily-t-and I pity the band 'of contemptibles who Ape con ceived and: executed this - dishonorabld scheme, - The gentleman has said-, that in introducing these affidavits he was not actoa ted-by anv motives of hostility to me; ifs°, t acquit him of. any improper ' motives.- , ..• There are, (said Mr, F.) in and rib:lift this town at present a number; ot iddividuals who ate_rn± personalsAndaties—they form a hrttd of .yelping ciTA _who_ are evetand anon secretly and clandestinely snarling and, barking et me, without' the ability or eour age to_barry out their hostility'brto*ptiblie ly evince, their-enmity or-petty 'malignity, but who,are ever ready to strike frombe-, ' hind iany covert that Will shield them from responsibility - ; and to the rancor of those, ' I am perhaps, principally: indebted for the f:dow.ttow aimed et the, • If in - thtlit' acting their greatest hope be to injure me in the estimation of My fellow citittens of pauphin 1 county, ttrivhom ram. personall known, I have. the satisfaction to, know that they hale not `succeeded. If they petted to' -mortify me or - iiii - Miir - rify - fee_ gditr - that too they have failed; for I holy . and enter -tain for :them feelings - of the rsest profound and . Superlative _contempt, thttpising them and their-petty efforts too mach to petinit myself at - anytime - to - pay - the - least Agaid to their futile attempts to do me. wrovig . - or to - - - - - -Ilyjield to nor and ed had been reduced to writing by himfiad been produced in Court by him ; andiliat lie held imself re.sPonsihle - for the.l• ale gave the gentleman full notice thtt they luid been-prepored.expressly for. EltdieatiOnvand-diatAb twoiltl-:take good gre that they should be published, that the public might.iee-the object of .this propecu lion, the motives :which prompted it; and the manner in which it was:carried on, He then commenced a tirade of fow l 'vulgar, billingsgate slang and 'abuse of Messrs. Ste xenaAnd,,estirosetwifich we feel ourselves constrained by a sense ,of decency to ex clude fiom our columns . ; and ft-vas' finally called ,to older and seatecill . tFin:43ires Esq.-ene-.of-4he , ,connsel_for=theLeatilninonr_ ; - Avenith. • . Mi. Fisher rejoi n ed. That be Would make .a few remarks in reply to the indivi dual who had just been seated.' ,He hid •stated when first up, that.he -- had - no — feal= Ingo of hostility to gratify in introduciag those affidavits—his declarations are at vat lance-with-the-facts and tht.truth— He hal': exhibited in his last speech the clover hoof. lie has fully evinced (said Mr. F.) that he too waaactuated by motives of petty malignity • towards myself;--those feelings are most manifestly evidenced in the affida vits, which he now for the .first time avows bad 'been prepared by tim, were ' in his hand writing, and had been introduced by hitu here. Sir, (said Mr. F.) will now proceed ,to allow • that' these affidavits , had ,no_beiring upon the -notion to.quash - this indiOment, nor the anost , remote tendency 4o..drucidate or substantiate any oneottha for:reasons assumed 411 -- a - alikrig - ;this. jet,' ment, hut'were introduced - Merely - AO:grati : . fy the malignity and soreness oil, that indir , vidual towards myself, arising from the fact, that he is here to answer criminally upoit anindictment drawn by rne, and found ,to e a "TRUE BILL". by the Grand Suivrof this oinity, containing charges' of an toutrage-, s violation of thelaws of the‘land by that ividualoand-someof-lis-fellow - laffidaiki . For what other- purpose-;than 'that` of , atifyino the Spleen, ,rancor ~and batrsd ,of t t.individual and his worthy ennweera• are tey introducecll Vone. , =-None as i , !need 49 'thew. • And first, I am ,chargdielared_that would -ip& .;Tiny of PaaPhin. eoinoY," , and that 'I wool! ”conviot Alum (the "rebels I V') righter ong:9 -trq Show , the fallacy'Of itly. necessary -to point th Act of bly which directs Ate fopeiectipvilraPng aell *le* ranniuglur, 'What-duty 'lit° be ,per- , Drilled by ,4 , 'Sheriff and County; tissireil i ee under 0 - 01): 'To the Board 4beet7mble,bl, am laharged eons ekieg,OstPdi.viduel.hap;tie - tpo - f r i en d s.o are as .deeidedlf'hio - The: ~S heri iVre inY OPPenents• WhOse'fidelity'aniOn"°thran I 1 -indiiidual , and 'hie ‘coa 4ied tealtjt" tg. ` ll'l4t sit evide' P 44 9ce..0 413; , dot b lisn i egainst the Jaw lON I tainly could have no •fears that the Sheriff Would bd i accessory to paclting a Jury hos.' tile-tO hirn enclitic+ fellow_defendants,_ and_ I can assure him of . thlifealty also of one the County Commissioners'.' =Besides, said (IVIr. - F,.) the declarations_ °alleged against me are said to , have been made in the niiddle of March last (the 17th of the await.) The7Juty : now drawn anid''; 'here to try him and' - his compeerspwere dravinin - farrtiary last before the bill was foWcf:'TiallienThridicidous and absurd to say, that these affidavits were introduced to establish, the feet; that I : had 4 pacited Juryr. That was not the purpose for Which they Were introduced:. Any person, even' otthe most obtuse intellect,., or the 'most uiskilled in the4ractice of humbugger() , cart,perceive that they were introduced. Witl ' t a hope, ,a latent hope, that a majority of the public would be ignorant enough to believe that ,The defendants were notafraid to - rust their fate,to a jury of honest men. They vide, introduced bete to hide thelact, the palpable ) open, undeniable-feet, that they (the defendants) Wire afraid to trust the es tablishment'of their-innutence jury of twelve,honest men. .They were introduced here to prevent the public mini from beirig disabused, Thor Were:inttodueed here for ilia purpose of keeping;he7puhlie eye and the public_mind a little longerirotn the evi; dences of their enormities:. And they were introduced here with the iiiew to divert the public attentionrfroin the odium now rest ing Upon the defendante, - and to place apor-: - lion tint if passible upon' the 'shoulders of those' who .are, bound bye - Very tie of duty - as men, es Chi:teas; and atilthe repfesenta, fives of the -Commonwealth, to bring to pun:. ishiaentohorie who. have outrageously vio lated and trainpled upon the Laws and Constitution of the Commonwealth, if they be Iltjr* of the charges ,prefered against the „afid_thatteo_Unanimptisly estorpright and independent-Grand - jury of Dauphin county. 'They Were intioduc: . edlliere to concealthe'fadi that_ those very men who boasted tip loudly of their inno cence and - of _their' anxiety to submit that. innodence to a jury of their fellow itizens, had, when the 'moment arrived which-was-to decide Upon their guilt or. in nocence, sheltered themselves behind-a bat tery of technical bubtletin,•and legal quib bits-c-pladimilicit-Only--hok-.ofTescape—in- the sanctum of the Seal of the court of Common. Pleas, which hadbeen,affixed by: mistake of the clerk-to the7„Veriire-for that Grand Jury who had found . that they should be put' noon their:trial for violating and - trampling upon the - Constitution and laws of common country: i " - serial hOstility toWards these men; with a desire to convict them, 'and with entertain : . n in Secret 'ales] tO c'envie t VirtoNo. - TliiiirTotally - deny: . 7l - enter; tint no feeling of malevolence or illw ill to wards.them. lam the open, avowed and uncompromizinvadvocate of the suprema T cy of the Laws, and so icing: as, my voice can he heard or my life - and strength are spared, - will on- all- occasions devote- the -hest energies of my mind and body to their support and niaintainance, and to the resto ration_of the" Laws to their : former validity and omnipotence. pub- d - most .ontent 7 rand hem a- elcomo lorable elusive isel for tolhq should isel had stating tetment as the Lemont id been might appear "yelp- ig and Jecome ay the lersons I have heretofore licly_declared in the presence of some of these-men, In the presence of all of them now here, that I will never relax my efforts in what I be lievoto- be-the-sacred -cause-of--the-Ponsti . . tution and Laws; and, that every energy of mind that I possess shall be vigorously ex erted to producer convictiort — ir — THEY BE GUILTY of the offences charged.against ] theni. I again declare that Ithave fm feel ingi of personaliostility towards them, but that ifthe' evidence to be given on their tri al justifies that .course, I will endeavor to establish their:guilt, and will discharge my duty withoutlear .ar favoi., and without re- WeilloTertions. , - Judge - BLYTHE. Let the Inditdrrtientlle quashed:. • now_rose_and_moved_iliat_all the defendants against whom the bill, of in- dictment has been found, should be bound over to , appear at the next August sessions of Dauphin - county, to answer to such-Bill -or Bills of Indictment as should be: prefer, Ted against them.. . . Mr. Auncits, one of the counsel for the defendants, opposed -this-motioni-on-the ground that this being the second term, and the indictment - having ; been quashed,-the Vommonwealth had no righrto bind them over again to answer the'sanie charges. I . Judge BLrrug.' I Will direct .211..1h05e iparsons: against whom 1 issued warrants & ibound ' over_ in .redognisances, to.lr again hound.oVer the same amounts Condition; d foroheir appearance'ut--the August SieV Miolls. • ' • iCOUUSECtior - tht : CiimrposTe4ll.7 7 -Wi 7 ash: that Johrr,,Sltyderi ..Martin Duniqp, James Black, _and Adam against iliii - GriftiTliiryleitiid - the - bill and ;Who are now in atiendaneemideriucognisan .ces entered:, into after having, been , brought in - .0n; process,- shall-be also Alotiiid "over., *lore one ef,the cotinsel lhic the , ' defence etated that-.Johit Snyder, :who had been brought !in on ,repese, and-wbo was --iheo actendicce, :bad not enterefl into reeogni -77111,4*X5,, one uf counsel' 'for .the 'Commenwealth; then:produced to the court ',the oath of. Alpha Durham, taken :,before. Merdecsi.McKinney•Esq. ,charging JolUx . .Snyder withithelWenco chaiged Ao the ;in dictment,- and . askeit the court do.bind him river. Judge:ll4-m.. all Aose :who , were -bound. over, before te 0005 r into, reeegnisinees; ite,*it: ,Charles ,Priy, Johit, .flyan, John PaNiagei'Ale# l 4 l4l4 :A ir * /: :Pox , and . George lit".' 11 Barton, and ,will F . require the.nthers:to Jm3„.beuvd over. w e : have oeepheard that all those order- ed by the envifto enter;into: iticognisances have donceskgqr their aliflesiance'at ;August seaSiON 2 • • ' • `- ANT/WISING& rill - 1 „. r 57 0 ,011 mai said of-;L4nehing,'quttrrelsi-hao temper,lke. o Wed, their Fleotitsieeringi,iiiApatittotot l in :a „ Pink, honorsi?le,apsa,,manner; pcifeetiy;demoeratio. • In.a- JateLeansasa. In ;Tennessee k 'three :hour; Goietwor_cainop.:*9..fioura, 01.001 Vote, three hours, anti hir.diurtotiontiltaitinight,' , All the contending • calulltistios travel•bigo4 100 . . - ti,Larrisest • • -• • ' • . •.„ . _ , Daszszt'a Rertrr:szrzoN.At the March term of the Court of Conunon Pleas for:Huron:county, Ohio, a Misfi Marietta Washburn obtained a verdict for $1145 damages againstini Ungallant chap named Hi -ram-' ellsiforcertain ganders Ite,hatl-uttered.againit—.4 her fair fame. "With.tlie true magnanimity of a 4!`', Mous. and high-tni iided glyl,'she. immediately carne 'forward and forgave the payment of all except poo and the cosh • - - • . , IBROBIIEb.TO Dexru."—The death Geo-Pollock, Esq of Roanoke, N. C. by accident,li -announced in 'the Raleigh Register... - it appearathat he left his car-, ratge.at-one 0r hiS plantations, and had mounted a ,young horse fordlepuiliose Of riding out: horsy, becameLitfinetory , in passing the gate; and on being struck, reared up and fell , over on its'rider, crushing him dreadtolly, and- causing' almost - instant ;death.—r The-accident was Only witnessed by e little boy, who opene the Este. :. . Ocarit or Mit. G41..--Mr. l'hotnas:Gili; partner. , OC Major - Noah in "the.puldicatirin tli6Eveping Star, 'died at Neif• York ' - on -, TiieSilaY, frkm npopletio attack, aged about 57 years: , lie was a mostezent. platy man: • •Txna,eT Pairartsozr, N. ,0 broke -out at Patterson, New Jersey, abont d'e)obk ou . Tuesday, orni ng,•whi eh destroyed about a dozen houses,prin4 cipally on Main and , Van Houten streets., Supposed to be the work of an incendiary. • = INTERESTING, MAnnuar.=—A man named Samuel Vilson . was married to a Miss Elizabeth Sowers, in 'the Portainouth (N. li.)jail; en - the 12th ult. and in three days thereafter, Samuel tOok'hiszeeidence in thestate-prison at ConcOrd.-' lie is-tO remain there( two years. "if, Saraivel, Samivel !" . Iloanini.E.,--A house occupied by one Felt,• id illichigim,Wasi.ilektroyed by fire on the' iftls alt.; in _whickpensliedhis_wife and lw_o chi Idren, taut horrible to.Yelatejhe father is charged with having hik family ; anti fired the house to'hide all 'evidence of his guilt. .11e.is under_airest fortrial. • • , • Hortittntx Multntti.:4.The Boom imigrant of - the4th - ultrsayti".."A - bnillii tate - of rcittider oc curred in Cooper courrity; on . Monday the tit. A Mrs. Veneye killed her infant" by cutting Its throat with - a razor. Sic is suppOse4 to be deranged." • , Unsinisro.—The barbarous punishraent of brand. • isatill--continued-in-Canada,-sevenpersupos ing recently been sentenced in Quebec to be burnt in the hand for petty offences. . , . Cuitz - ron DEArnrus.—The ratt,our of acetotis ether has been recentlydiscovered by !trainer, a 'German , artist, to be most. effectual remedy for a specici of , ) this distrelaing inalady, hitherto considered incurable. Dr. tlitnpl ison states that several' physicians have tried • lilt witirtminentauccess: - - • • • . . . • , •,, . . -..Cdirvieriroif.—The trial . of E — Gould,' for killing. John Stnrbirtionid indicted for insuishiughter; in Portiand,'Bfaino, was elpsegon-Pridny night, The . - ease.wati Aoliiinitted to the Jury earlkin.tlie.evening,._ • whii hrotight in iv - verdict of guilty: -Grould was nen-. • feniedlo_Orght,ieitroOtharstlaborin.the state Tirison... Tnnsc STEAMItO.IIII3 Lon.--TIit.II".IL. Kinney, -cargo-hides;on-a-trlp-from-Str Loma - to - Louisville, -, struck a icig, near Cape Girardeau, and . went down: The Renown, on the Arkaiisas-river, boniul down, i, - was snagged. - : - Loss total., . • Leavenworth reports the Alert Sunk near ••• Portland; on :the Missaurt. Roat total_ 1050.,N0 _ • d,• tivirErfcr:----Lie . iiiinant GoToincir Arthur 'hae granted an„unconditional pardon-to forty-two :or. the convict patriotri belonging to New York. . , - - - . . . • ._____ .• The Gallen L waw'ent into operation on the. 9th hi " • - Mississippi: The Vicksburg Whig as's,' it was a • ; Ilgofzeneml motirninnLmlyg_the Anmprieturilagj ' establislimentilispos. 7 ,1 ing l if its drinking, utensili at auction, while the dooe of another was shrouded wilhltock • ".±....Cio_w___wito...tea. , =&young.rban..by the name of 11.7. - klac, killed in this (own a few:.daysrsiuce,T.2- crows at one Shot- - and got kicked -over in the bar,- gain. fit liad; . i . t: appgars, practieed.a little indium with . thernL•ALMS , hid, in ambush and baited than - with a dead carcass; and when they had literally • 4 . vered the-Carcass, he let .slip a tremendous grist- of shot from an old queen's- arms,„ There was . trouble at-both ends of -the-gun, and the- only-Wonder-it that any one escaped to tell thi3.news...— Woodstock Ater. . . The Baltimore American - stater - that - the rail-road -- between Cliambersbueg and Hagerstown will be opened- for travel about theStli.orTuly next: A eon- Willow' route of. rail road eoinionnication will theta = be open between this city" and HagerefoW.n byway of _: .Clianabersburg,-Ca' rlittlerHarrisburg-and-Loneaster. 4 .The. Court at*St. Louis, has been for sometime oc. copied with the Vial of Gen. Gratiot.: , The Judge , charged the Jury strongly against admitting the Claim :of-the-General for services periorineds Ant allerlong_:. , ._ deliberation, the jury returned court, and declar- • ed that they . could not agree.' There. were two for 1 , obeying the mstrUctionSof Me Court, and ten for al. lowing the claims of the General. There Was no pnrty feeling in the jury. • ' , . • • TUE BURNING Muck.—The Pottsville Emporium. • says : "We regret to state tkat •the Jerilar ;Vein in. Broad Mountain, to . which we referred same weeks ago, is yet on fire t and front personal, oliserwaticin; we should presume that the pillars Of coal, which are left to prop the mines, are on fire. The late rains 1 only added fresh fuel;and there is no telling when or .. Mrs. Simmons was recently cornmifted to prison in AVood.couinty 4 Ohio, for the deliberate murder of her husband. She severed Ida head from bib body 4 ,„ _with_an tuce while he Was asleep. __ The reason given for the act iris that het' husband would nst comply 'witlr-her—wish-ito-returtrio-4bercounty-fronuch they had removed. AN...Ayr/au—or HONOR.- —Mch excitemeh, tiro* produced among khe men of letters on Saturday week Baltimore; by the rumor that two members, of tbe— • typographical fraternity had gone out to search• for - -each other's-brains. -Both the principals and their seconds were on 'the Lrottniklirmed - cats ! tpke,,_but , one party wiCsPo soon and the othei was too late,— When--they got horde it was diniovered that they were nll Considerably shotiii.tlit ' , • The Washington 'Globe , states that Mr.' Orme; a teller of the Bank of the Metropolis recently took' , • fittylhousand dollars from die Bank. • 'The Cashier'ir • suspicions being arouscd,he ascertained the vlefieien ay, and Upon chargifig the teller; be confessed every _ thing, and pointed out the person who had it in pos- :,• session, Mr. Goodrich, a clerk in the, Department.: • Upon the 'surest of this person, the• mosthy was se- - i The-five-men,-ho-the-newspaperssaid-weit-Avir_ Niagara - Falls; have not yet performed that exploit. 'A' ; Simn i si Hacip.—Thellillsborough, Ohio server suites, that. A lidr-Ricbard,Lawleas,pf that ,vicinity;Was - Accidentalirkilleit -onßundarthe- 7th---- t.,tinder t h e ,thilowing Aircumstanceti--He and . * friend started on. hat day to catch,their boreal which were conning l loose. Affer securing th t e c upy tried •their_harses t :liPee4.47AliTingalimPl e . °( race* " - The gentlemen_ beosme.,somewhiit arm .7 maw for third 'race., 'They ,stArted, and while on the. conrae,,the horse of Mr. lAwkiasSuddenly sprung ; tattle Bidet of a sapling iihlish 01;4,404p way, tiring- • ing - tain in ,violent contact with it, te ar ing cdrtailflus --4 - (ace And lira& • He - died imabo • ut walk hour after. • • • ~---- Wssari;l4re"Aimadepthillo soe. idieVocrs - 01••• ---- the•MelliodiSt - .Gliiiraies in Baltimore, to celebrate.ln a becoming-manner the close of the dreddi yesr'of the existence of their society As amp! The.rimains of the late Colonell , Ggdeq,,wei terred at Elizabethtown, NM, lermy, Sidtb,ani. • honors, and attended to thegrave b a **Como • formiog an impodrigtribute rea*t*i hiaSixe'n ..fistrez orßittr...r4ipa tlgehera ofilaltliogre e ing come to the conaltutianAat the present lugt!p f or.Otef arises :front , tlxv -attesoi*by ktto Alio! monopolize the', . market, have -- valued . to f "ate-their-thaft-to-obittge-_mora thin t. to /2 Dents per 111.,f0r th e beat:be:o4 -,;::: • . 44,Ccoianto frotii:the.lain, growlor oictiono 1 . 1 t { country r!prrfentihe, crops of wheat and; ie a • *tenting a., ,most .promisint apjr.aranae. -' - .X1% tidni luite Shin a *-ri*DellY.Lit4l l4l6 s! ti,Y 6 ge - P • , ~. , n K • • ' A:rlot•ocenoetV Pittsbtrglsonlkurility , in the celtrK which' two three tenetugentis pied by Colloid people wirer-pulled' dOwn,liu• colored child killed: ' ' •%- , TheKtirrishurg Keystone stitestltst the meal and,ruilsead tolls durivtins four week's ing on tho litli,,t4;luttotinted to,one hung fortyAbutt thousand six hundred sod r si_xty.seven lots nod skeveuteTt lents. exceeditim . theAuitm durinitlie sante pe'riodlast yisaraz a , fiver thwginkfive Modred sad six(y-two s eistitptbress OA!! ! , • - ". ~; E 3
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