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 - fact cirtainly. I dUpersed as ! a - aenaNage -...
fact cirtainly. I dUpersed as ! a - aenaNage - hoot two, e - rg A"1 - wuh ermsintUir haao by a UwW Can sir - - hen a Wn cooeoor.. .n.iH to break opeu rahU.. I don 1 think I shoedd aJow the n,u, Uraa tab r - U'. store. There were ,5W or GOT in Li lane, j sscr fled ilWl BnBg. I should eemnly in sack a ca order tbenx to fir. Mr. Sxvth exerted hia itBarnce. as fer at possible, lo tfMiu the people aad Mod them Lome quietly. To Mr. O'Cnnne.. If it tare oat that th word " Sr." in given by Mr. Browne or myself. I think w eight sot to bo permitted to bold oar situations. The taea printed and leaded ithoat oriera. 1 did not hear Mr. Browne eaii em to to urheo I aintlv dia - etaedLXben. To Mr Hroaa. I u afraid tb ba - ial woiM terovna - Tpellr. because I sue MrTfWowiM t.k Li4 rvn off (it bnwltb tt the street, and form them into a e ,ae - e at oeei4; end Unl, cotiswetei with tb eireameteoew of, Mr. Brows' dis - Mreeint ttK ate at lo Imn tb stones cam from. Ttd nslvne, mill he told m that tin.n frn tb j men o tb right not ti prim tad load, bat b toM me be BUrex, Ut which U u very anery. I J not think it pro - ordered tb men not to load. . I went down Cong the rankl IbeUetket Mr. Beauatyn or hi friend would rhow s:oo ; whenth men primed and leaded without or 'era, Mr. Drown .v .v i.tMixiiW fmm m irr,r.r. of . saauiic mbat b foand tb ntoadisc. tbat tbTdid tb pUieBB to I'm occasion U question, I entertained a . very wroeg.ead that be was trying to prevent it. I told bun th eerr hUh opinion of tbwa - and looa4 upon them ai a rery same. It wai in aiut ten minutes afur I took np my position bUrai bodvof mC at the right and Mr. Drown et the left that the men fired. ToMOCouiMttt.V - TnpalVrr p:awl across tb road, Mr. Brownea - d oat U tb mnftloJ. - nj. - Jta,taay; v.f... (In - .l thir t; fem th ' dal fir," Ther fired immediately afur. 1 knew torn ol tor. wss Un yard. Ithisi tbat a etaoe flang from th. th men wbo fired. (Thil answer ni given wjlhrrant r - ater wcti flit Mr. Cullinan aaid thU b wonll her clmiucu', aad'tbeir namea. Tbey wer qnit do to m witVn two Ctrr Mr.U'Coaiwll intimatinj ,bia inotion U profd on 'or tbrM yard of ra. I do not know Ibetn. boeana tb rart of tba.pmoo in th. - 'ho.piui. Uie toart wat aa aanH at a quarter paat 6 U,S o'clock MU mrsisf . aTt:04T kco?d tr, Th Cm&imsaMMr look. thia. Bumiu. at 9 O'filjCk rr ow - ly. hit Hit on th beech, when all th prUoneri beic in attendaaee. Mr. Sdscdiarr - BlDTth re - ji!d i Coart woall read erwr to kimhi. cridnee of th: precedsj - day, whic vu arcordinly done, and aom rerba! al'.eratwna rr h Hon Mr. Brown and I eallei aiotS Men. o to fir. Tbey fired by p'atoon or independent flrirg. I do not mean by to word independent tbat allnb firing wai on ono aide. I know what tb datr of nolie oSSeer W a noUeaaan it; on h: rctnrn to tb barrack, if h dlaobera order oa doty, it ia to report him to tb inipector - retMral. and Mr. Brown report report el tb tBtfi on th night in qseatioa who diaobeyed hia order.. Men in tbe polic eaubliahment ar Uft at nade. !! a!o wiabed to add, that whenihie or frrp'r'J , large after a report fr d aobedMnc of order, no matur waa at auk t won'd oonnder fare secatary. 11. con - how oetnooa tbat diaobediene migat bo. tenner ut. iVi him view of iba Riot Act. aa' itateTeateriae. wai : Brown nor I took the trenble of aacertaininc wbo war oorri - ct. I tb g - ulty or th innocent men on oar return to barrackj ; Coart. If no riolence were conim:tUJ tcaintt peraon or i we were too tnscn exnanawo, canrg rn np lor two or una War.t iU th deem it namun'ji S - e in an hour after' nichtanreTiooslT:bat lam rladrodeelar that two of the men reaJ ct tb Riot Act 1 j now in tbadock coaldnotb of lhftring"party,bern I at - Mr. aciytK I wonlJ not think myielf jaitifted a nnng I uonad tbm insiJ Uannatynaa gate befor toe nnog com' Bscs a mob after an hoar. crri Jed ttwr oosTiit'e l n lio - menced.TbraearPatrickSmTthandJama Roa,boihtab con lence .itheron pertoh or property, anlther remaine - i ?". atablra. It would tak aboot ten minotea for the men to x - tionary. Much remaiai in th ducretion of tbe fonmtwtr. Mr. 0 - CTOBUnd Mr.Hyne harUg tiehacgtd ,liiU of wilceuea, Mr. O'ConoeU called Th jraat aUb I remember MonJay nigat Ian. 1 was tLin tb cartach boxof 3tS men;the firelock - aadall woold b doc in that time: if w examined th firolocki and car - toacha - boxea at tbe proper tim aareral of th innocent men nw in gaol for two day woold b nappy in lae'r Darracu. with tb poli re befor tbe. firing. I aaw Mr. Browne the - ! It coaM then b acer:a:nd what men bad find, and what and Captain D Rarynta. Saw th men drawn acre tbe rwa. Saw nr. saiytli tner ar.rr taat. iw me mrr. Ileny there alo; I beard Mr.i Seiyth adrea the peop'e when tby atood tilently attending to h:m. Mr. Smyth aaid, "On th next day there will be collecj tion male to procor meal and prorirfea for ye at far at Mr. IIenneay and I can d iL" A great r - wlion of tbe people lbn went off with him and fatter Henneesy. Tbey went toward! the Oit - mark.t into M31 atreet Mr. 8m jib returned. I did not him, bat I heard hia Tiiee. He roaght eff a aeeond batch, which far axeeeded theflrtt in tramber. Tber might be SOO or fi"0. I waa aboat two yard a to the rear of th police, Mr. Brown waa nar m. !! waa eniteeldaeto me. I taw atones fling from th top lift of Mr. Bannatrn'a star ; the atones flang wrr f oar fr fir in namV - r. The peopl were to do to the polic that tbey might be charged without stirring from th spot. I w n stone Hang from lb Mill - street aid at the time. When I aaw th stones flang from th top of Mr. BtnnatycVstore, Mr. Uron said, " In Her Mejty'a' nam I ask yi all to diiperie." Som persons in the crowd said." rd '.he act," which waa repeated, when Mr. Browne aaid, " I'll soon read an art for yon. Tbe polic left their pontion and marched on with fixed hareneta. The? adrueod 20 or SO iard towards Mill strtet. Heard Csptain D Rarynea fi rit say. My Ood, irhat can b done to disperse tbe people I Mr. Brown re Mr. R - nrM said." I moat tak. all Main an mrse'f." nntil tbe firiTig commeaead, was for or fiTe mnates. Th front and rear ranks stood facing th open street. Heard th word fire gieen by Mr. Browne, when fear or fir ho - .s were disshargtd towards Mill - street. Did not tee, bat heard them. Ttiii wu Tnacana I atood in th rear. Maw the fir strike th f lets. Mr. Brown and Captain! de. Rarynes wen both in the front rank, bat at different sides, when the former gare tbe word Fir." Th frar shots wre not fired together. In the second discharge I heird seren or eight aho! ; the were fired in th aom way as the first, following each o'.her. ItiJ not hear Mr. Brown ntterla arUabl after be first gate the word " Fire." Neither did I Captain de Roernes, loetwMa tb first and seoand discharge. 1 aaw no otner aaoa flred in tb diranion of the mills. A few of the men tnrned rnnnd f r that tmroose. I cannot aar who com? anded them to fce aboat. I beard tb words, fir ' mn - " bat I do sot know wbo gar them. When tbey fire tn th mill direction. direction. I aaw a boy fall named Michael Leary. He was about 14r 15 years of sge. He waa aboat 40 yards from tbo police police when I saw him faQ. I know the policeman thit shot hia. His name I beard la Harrey. I saw him yesterday. There wer four abets Bred In the ram direction, ana liar eer'a was th last. That is the reason I know of bis shoot icg Leary. It was the last shot that wounded him. I was within, three yards of the polio when th shots wer fired. I was aboat 16 ytrdi from tb bor when h fell. He was aboat 19 or 90 yards from th police 1 spoke to Captain De Rarynea, and asked him if he ordered the colire to fir on the neonle. This wat within th hearing of the police. H replied h did not. I anked him who aathorixed Mr.Browne to giTe the word fire, and he answered, I don't think h gar the word." I told him that h eonld not eonrine me witness of what my rs were listening to, that was to Mr. Brown giring the word fire, and th thre of them dning it (I meant Meetra. D Rarmes. BrowT. and Pittsimonl. I told .Captain De Rarynea that HarreT wat the man who shot 'Leary. I identified him, collared him by the breast, and gar hia tip to the captain on a charge of the boy's life if he died of the wounds receiTed. Tbe raotain said that was not a place for investigation, bat that he wool I get on held. (Wilaen then identified the policeman Harrey.) Half the number of police could discerae the crowd without firing a shot. When four shot were fired in the mill direcann. there wer not more present than 59 to 40 Toanntert. I saw stones flrinr from Btnnatrne's stores. I can't aay at whom. Th peopl wer not anxioos to clot on thepolice. I am quit tye that Mr. Browse first gar the wo(i fire, and that it waTr4hroogh him the people were thot. I swear positively that tb polic did not get aiogle blow that I could see. and that ther fired without prorogation: bat they fired only because tbey wer ordered to fire ; the peopl were not excited against the police, bat they were, agaiatt Hasnatyne for not (inng meal against lus wul. Court. Wbr should be sir it against his will! Witnen. Because necesaitr rea aired it. A man ia not ccmtelled to starre in the land of his birth. When a man has r.o earning, and has no money to bay food for trs family. he nt - ouid not stsrve. i wonld rather re anai loan aiarre in the former cx I should not feel th psniihment. .Vr. - II mes. .What broaiht Ton to the store 1 'Witness. To et meal or floor if I coald. I certainly waa on Of these ready to break open the store, if necessary t gt the prorition, I cannot nam another of the asm mind. I acroar.t for no can's feelinrs bat ar own. If I found ethers of the same intention, we should get either mal or fkrar in spit or the poliee, bat there wr none that I could perceire. To Mr. Pullinan. It appears to me that all the excitement wai against Baanaryn, and not the police. Before that Monday it waa reported that Btnnatyn would not give his. n.ral to pple until it came to a standing pric. There are other flour and meal stores in, th town. If en of thm were attacked, n.r was there an intention of' doing so. Tbe great body of tb crowd were aiet and peaceably dis - pcaed. Mr. T. PBkingt?n, depcd as MIows. I recollect Monday night lsL Saw the police fore drawn np in !in on th road tear .Vlr. Banratyne's store. Was there when the firing com - oeneel. Had a distinct riew fof police and people. Did nor think there was any j ait cause for the police firing at the tine they fired. Heard no order siren to th polic to fir, and was within about fire yards of th - m to th left when tbey .fired. Heard a person deeire them not to fire, whH th firing was going on. Th people were farther from tb poliee when they fired than at be tim I came up. Tb crowd htd ri 'Ved aboat 'JU or 30 yards before the firing commenced. Sw n man ame time af'er the nrin - commenced running down. Did not hear anr one desire them not to prime or load. T Mr. Hyres. Understood the police wer brought to protect Mr. Kannayne'a storei Heard one or two of tbe people ray. et us go 'home. or attack the store." I was sarpived when I beard tbe shots. I remained rear the police till the firing was over, and made no attempt to atop them or remor.s'rate with them. .Mr. PJs'nston deposed to many yher facts which appeared appeared in evidence before. John Coon? depowd at follow I bare been a soldier, ar.d lire in Mill - street, opposite Mr. Arthur's store. Recollect Recollect the colic being drawn up in rank aud file wi'hin about two or tore yarda of my boo.; 1 was itjid my own door. tm4re:d, and going to te - i. i io u iiie lor and h.d a distinct view tf the front rank. Did nr - t see Capuin De Rarynea. Saw Mr. Browne with his back to tbe deor. Heard the worJ "fir siren before ant ahot wu fire. from oudo - ait tov Mr. Browne. When Mr. Browne gave the woid "fire." be directed tbe men to fire lo w. The t instsntly fired. It was an independent file firing. There wis about a rrendaman fired at tbet:me from about lis or If hie ol men. WLen.the tans hsd been discharged, M r. Urown expressed wis " law firing. Mr. O'ConneU intimatd Jiat his case wii elated. Mr. Hyres. I propose, Sir, to exaaiin witnesses. Thomas Kittiimon, sJib - inp - ccr,ena.ii.ed hr Vr. Muses. Afr giving his teeti mony of the m - lt clicly cccnrrencrt of O.e bight tf the Cth instant in nearly the earn manner as vr the inquest, the witness' cmtimiUl - I do tl.iuk ttie f - i'm force were in da ager their tites that night mth rea l. I a'lode to th t me ttiy began uy fire. By the Court. If it that danger, why dii fiey act re - li itness I am snrei I can't) ar. V e ravn I id not giM orders is becauseX wss not in ojmaud of the j,arty. I imlade in tbe d - nger Cptain D' Karnes, Mr. Browne simyfeir. I went sat trocrrttieconiman I ol the ttipeudiary men had not. and the cumber of roauia fired br aeh. I heard befor. I ram to tb barrack that tervral persons had ben wounded by tb diteharg of the gins. 1 think w did not do ear duty in not examining tn arms and car - tridg - boxea. Mr. Browne did not mention this neglect In the reoort to the InsTMCtor - freneraL Mr. Kitxaimon waa mora than fir hours under examina tion, and tb Coart adjourned, after 9 p.m., to 3 0 clock on Jlon.ay morning, Gov x x.tx x?rT Lxbkl Casts. Oa th assication of con 1 for the Crown, the trials of the nronristort of tb Bfut 'ndieator and Arm jueiier bar ba Dost toned till Moadsr next. Counsel for the defendants asked to bar lb cases set down last in th list on tb ground that Mr. O'ConneU O'ConneU might b una hie, from th pressor of othar duties, to lend bit professional assistance on to early a day aa tb 2l)th inst. : but this was restated by th Crown, in tin acq, aa ut oecial commission miiht intervene, at which th Attornsr - ieneral would hare to prow cat ia pcrsoa. whereas, if Mr. O'ConneU c:ald not attend, defendants might readily engage other coonerL Wsut or HtBEii Co arcs. In the eat of th Qaeea r. th Rer.' Daniel MTettigau," ooanvl for th defendant ap - T.'imA th!. rf.w ;n. a tV. Dn n. nni - h nllin in chambtr, to diacharg him from, custody, on tb ground that the warrant of cmimittal was not framed oecording to the statute and was also bad at common law. ins rer. oeiena - ant, wbo it a Roman Catholic clergyman, was committed to prison by loor magistrates ot lb county of Uooegai. ia tne becinnins: of tb nreaent month, for refuainc to be xamined br them in a eat whsr a neraon not in custody wat charred with felony, and baring sued oat n writ ot iliiieai tbrjmt. n wax brougnt np this cay Delor the Jort oa nis petition to b discharged trom cuxtoay. uis coon sel argued that hit detention wat illecal eu three crounda : nrst, that tb nam of on of tb committing justices, of whom ther wer fear, wst erased after the warrant wat 'tigned and aealed by them ; secondly, that the commit' ting' jajtice bad no luritJiction iu tbacaa: and thirdly, that area if ther had jarisdiction. ther had not obserrtd tbe forms required by law. In support of tb first proposition eeamel referred to tb languag ol the warrant, to snow that the erased sixuatnr waa a material art of th ins tra in en t, and quoted aereral aathoritiat to pror that whar an alts ratio ef any material portion of a document took, plac the whole became void. To sustain tb second proposition he argued that it was clearly tb intention of tb justice to found tb warrant on th statute 9th Oeorg IV., chap. St, tec 2, by which power was given to magistrate to commit to prison any person refoxinc to be examined or to rive art - deuce in a case where a prisoner wat in custody and under examination by them on a charge of felony. Tn power to commit was giren only in esses ol felony, those ol misdemeanour misdemeanour being exetptad by th third taction of the atatau. - i ow, tn toe preasut case, there wat a person charged wua a felony, certainly, bat he wat not ia custody; and of course was not present and nnd.r xamination when th nr. defendant defendant wat called on for hit testimony, nor had he been for aix weeks previously. The case waa. therefor, clcarlr out side of tb statute, and he believed that coonsei on th other sid would b onabU to show that such a pew - r was rested in magistrates by tb common law. In support of hia third proposition, he rtatad that the charge of felony had been instigated instigated by a different bench ef magistrates from that which haa committed th rer. attcnaant. ana n contanaaa that the committing jostle had, thrfor, no jurisdictien in that particular eat at wai reqaired by law. H also argued argued that their reasons for th committal should bar bean expressed a th fac of th warrant that aom sufficient particular matter should bar been stated to show that they knew tb nartr could rive material evidenoe in tb cat. Tb Counsel for the Crown baring briefly addressed the Court in opposition to the motion. The Court ruled all th point put forward by th. pri soner's counsel in bis favour, and ordered hia to V imme diately discharged from custody. The :n Esther. no bare now arrived at nearly Mid summer, and such a summer ! In tb memory of th oldest inhabitants no parallel can be found for th raging beat of thia th men? month of Jon. Yesterday morning, dark cloud rare presag of a change, and aboat 4 o'clock tb rain frU in heavy showers, aceompanie t by several peals of thunder the beat being, if possible, mora intent and op - pretsir than it had bean prior to tbe faU of rain. In the evening, th weather again cleared, ana tn air was somewhat somewhat cooler, but thit day the: it literally no ihad or escape from tb intolerable strength of tb tun t ran. ELorim.Tr. At Henry - street police - office thit day, a man named Murphy wat charged by a most respectable widow lady, Mrs. Kennedy, with having aided and abet'ed the complainant's complainant's daughter in an elopement with a Mr. John Derenax. It appeared that Mrs. Kennedy, who it sister - in - law of Sir John Kennedy, of Johnstown Castle, in th county of Kil dare, resided with hir three daughters, wbo ar coheiresses coheiresses of th late Mr. James Kennedy, at Peamount, with in four muet of this cur : that the Tounceat dsuuter. Miss Anna Kennsdv. ared 15 Tears, who. toc - tber with her si iters. ii a ward in Chancery, became enamoured f Mr. John De - vereux, and tb passion being reciprocated an elopement was to r;ult - Th Irving pair hare for th present eluded detection, detection, although pot'tir information was given that they had been stopping at UuntMr a Hotel, in Dorset - street, ytt - terdsy morning, where a fruitiest search wat made for the parties by the officers of jar.ic. Th magistrate decided on comuv.Ktinz narpar w pnwu. to euiue uis uii lor yaruapa - tion ia th erima. ef IirsoLTKtr Court. The ta of Mr. Carew, the tcnlptor, was mentioned in this court on Tuesday. It will be remembered that this gentleman wat recently diichareed under lb act, . He was opposed on the part of Sir C. Barrell and Colonel Wyndham. as executors of the late Earl of Ere - raoLt, with the view of having certain alterations made in the statement set forth in the schedule respecting an alleged claim on tha 1st t,aru It appeared that Mr. Carew brought an action - against th executors to establish th claim, in which he waa noes oiled, and it waa atated daring the hearing of tbe case in this court that th action had been brought an the executors ' nn'dertakinr to nav the coata whatever miaht be th result. Mr: Carew complained that thit bad not been done, but tbe executors said they were willing to do ao, u the proceedings were considered final. Th learned Chief Commissioner Commissioner announced that ainc th hearing he had learnt that tbe executors had paid those c la, aad h considered it. a rery liberal proceeding on their parte. Ixsolvext Court. Wiq r. Comfort. Ia the coarse of yesterday merning, dirir.g the bail cases, Mr, Wo Jdruffe. c - ne of the learned cianseL fin dine himself on - pressed by tha dot atmosphere of tha court, divested . him self of his wig, and continued in the box without that necessary necessary badge of forensic wisdom. This circumstance attracted tbe attention of the learned Chief Commiaaioner, who remarked remarked upon it. Mr. Woodruffs said, ha wat Buffering under sever pains in th head, and mentioned that be had teen several several of the leading counsel in the superior courts divested of their wigs, aad even tha judge themselrra. Th learned Commissioner said, that if it was permitted irjLthe interior courts, he could not, of course, object to it her. Mr. Woed - ruffe availed himself of th permissn daringtb rest of th Asylum for Aokd 'asd Decited Frim isoxj. 1 he supporters and contributors of th funds of tbi very x - cellent institution celebrated their festival yesterday br a dinner at the Freemasons' Tavern, Great Q ieen - streeU Th meeting wa i a rery fall one, ani the seats at the tablet were all quickly occupied. Th chair wat taken ahortle after o'clock by Mr.' .Shaw, or at he is called on the - e occasions, urovuer ooaw, im irnai osiro. ine musical treange - meats, which wer very good, - were under th management of Messrs. L - uU:n Hansford, and othirs, assisted by Mist Bta. Mi - s F. RufeU, th Missel Br9wn,&&, wbo, la th eours of the evening' sang torn deluhtfn! and appropriate tutwtra'e. l ehoiii not itinlt ruit - lf jast hed ia ginng i songs. 1 n healths a - f tier .Msjesty thatjaeen. of lb (jieen orders to fire under any rircuma'aitc'et uua directed by a Dowsger, of Pnnee Albert and th Prince of Wales, and th ipeuir oaierr or msgisira - .e. it my rou. manning omcer or - rest oi toe noyai xamuy, wer given, - ana receirea wiia im re.J ri to fire, although be were wt a ui tgitrate, I a'loald nual honours. Th health of th bake of Saatex, Grand xcey tim. At the im. the nen Bred wer; attacked in ' Maa'er, f.xot and rear. I cannot Ml the Lumber of ahott. I kiw tbe quantity of ammunition they CArrird ; bat I did ixa examine it on te;r retarru The iu - n at all timet bare Kroonds of ammunition in their pouchy. To Mr. Culliria - '. There were no ito - .es thrown at the hn' - Mr. Smyth rrtumed frm the party, and b'as - esr;d Ceptir - 1) Ravrnei hvl the Riot Act with him. I U not hear that a great number of the crow I wnt away wrth Mr. Smyth. 1 cannot tay whthr or r.ot, if I Ver tbe aoTscer in eofliraand.I abou'd tive crdert to fire. I raan - t form aa ppini - a whether a magistrate ahoal J gir. orders to fire if a saw the policemen's liret in danger. I don't anew that past of daty aVmtlfiring by a polica - offi xr on th populace, ever being in that pr dieamebt before. It is certainly a moat tsaaertaat part of duty to know - when tn officer should order ""K to easnaane. It it not the most important part, ba - asawa tb oflterr it always aeeooipanied by a megistra'a. I I otTw "hat to do in aach a case, I don'i think I aJd masW any eirrumsUrt fire open th paopl. wi hoat tUattWai aawaeiatma. U ltmroU irtra im Matar f was drunk with enthasiirm. and wai followed by th healths of the Grand Matters for Scotland and Ireland. For the latter country Mr. Moraa returned thankt amidst much cheering. Th health of th treasurer. Dr. CrudSx, a - d of tb committee, wat particularly weU received, for which nonour vr. irucinx rexamea tnanxt ia aa energeje iptecn amidat much cheering, and then proceeded to read th report. irom amen it appeared tnat toe rusat war nonntturg, though ine society waa eat tn its infancy, ana that ther wst every tppesranee of its becoming one of th moat permanent and ns - f ol institutions in tha empirs. Th toast of th eve nine "Saeeetstoth Asylum," wat received with great honour, and ahorUy afterwards Mr. Ball gar the health of th gentleman gentleman ia th chair, for which MrlShaw returned thanks. The health of tb ladiee and ot th variooa oSoar ef tha institution institution folic wed. The superb candelabrum of chased til rer, pre - aented by the members of tb maaonic lodge t Dr. Craaflx, waa exhibited on a tabl at th back of th foreman, snd attracted attracted maeh attention. It la a fine speeissn af modern art in sUrer, aad a gratifying tastitaony at the patatU faaliaf of vm rvtaa

Clipped from
  1. The Times,
  2. 16 Jun 1842, Thu,
  3. Page 3

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  • Clipped by PJJKANE – 12 Apr 2013

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