NEW JERSEY v HAUPTMANN: TESTIMONY OF JOSEPH WOLF, SEVENTH PROSECUTION WITNESS


STATE vs. HAUPTMANN

January 7, 1935



 [341] JOSEPH WOLF was called as a witness on behalf of the State, being duly sworn, testified as follows:

Direct Examination by Mr. Wilentz:

Q. In what capacity are you employed with the State Police of the State of New Jersey? A. As a trooper.

Q. And were you so employed on the 1st day of March, 1932? A. I was.

Q. And prior thereto for how long? A. Four years.

Q. Where did you reside then? A. I was stationed at Lambertville, New Jersey.

Q. Stationed at Lambertville? A. Yes, sir.

Q. Where are you stationed now? A. I am stationed at Trenton, West Trenton.

Q. Lambertville, where you were stationed, is in the County of Hunterdon, is it not? A. It is.

Q. Now, in connection with your duties as a State Trooper, stationed at Lambertville, in Hunterdon County, the 1st day of March, 1932, were you—

Mr. Reilly: May I interrupt you, please, General?

Mr. Wilentz: Yes, sir.

Mr. Reilly: Step up here, please.

Mr. Wilentz: Pardon me.

[342] Mr. Reilly: May we consult with you, Judge?

(Counsel step forward to side bar.)

Q. In connection with your duties as a State Police officer, stationed at Lambertville on March 1st, 1932, did you have occasion to go to the Lindbergh home? A. I did.

Q. And that, I take it, was as a result of a call? A. It was.

Q. And who was the call from, if you remember? A. The call was received from my station.

Q. From your station? A. Yes, sir.

Q. Were you at the station at the time or were you patrolling? A. I was patrolling at the time.

Q. I take it the State Troopers patrol the roads in and about Lambertville? A. They do, yes, sir.

Q. And as a result of that you went to the home at Hopewell? A. I did.

Q. I think the correct name is East Amwell Township, isn’t it? A. Yes, sir, East Amwell Township.

Q. I see. How did you find it there when you got to the house? A. When I arrived there I found Colonel Lindbergh and Officer Wolfe and Williamson of Hopewell.

Q. The last two officers are the two local men from Hopewell, New Jersey: is that it? A. They are.

Q. What did you do when you arrived there? A. I spoke to Colonel Lindbergh and then went to the nursery on the second floor of the home.

Q. So that as a result of the conversation you had with the Colonel, you and the Colonel went upstairs to the Nursery: is that right? A. Yes, sir.

Q. What did you see there when got up there? [343] A. When I arrived in the room I saw an envelope lying on the south window of the east wall.

Q. South window of the east wall? A. On the sill of the window.

Q. I take it that that is the window that is indicated on Exhibit S‑2 as being the first one to the left of the east elevation. A. Yes, sir, that is.

Q. As I face it. A. That’s it.

Mr. Wilentz: May I have the pointer, Mr. Constable?

Q. Just to make certain about it so that it will be your testimony and not mine will you just point it out? A. This is the window here.

Q. That is the south east window I think we have been calling it as distinguished from the north east window. All right. You say you saw an envelope on the window sill there. A. I did.

Q. And have you the exhibit there of that note and may I have the picture of that window and the wall there. And did you see a sort of a suit case near that window? A. Directly under the window I saw a suit case.

Q. Did you see anything on that suit case that seemed a little unusual to you? A. There was a trace of mud.

Q. On the suitcase? A. There was, yes, sir.

Q. I show you Exhibit S‑17 with the initials on the back of that envelope “F.A.K.” What have you to say as to whether or not that is the envelope? A.That is.

Q. How do you know it is the envelope? A. I saw these initials put on this envelope.

Q. Who put them on? A. Trooper Kelly.

Q. Frank A. Kelly? A. Frank A. Kelly.

Q. Did you see the note that night, the ransom note? A. I did.

[344] Q. Will you take a look at this, Exhibit S‑18, and see if there is any sign on there that identifies it as being the note you saw that night? A. That is.

Q. How can you tell that? A. The initials of Frank A. Kelly on the back of the paper.

Q. You saw them marked that night? A. I did. Q. Now, of course, when you got there, Trooper, that note was still in its envelope? A. It was.

Q. And tell us about the process leading to the opening of the note and the marking of the initials on there. A. When Trooper Kelly arrived and went to the nursery, he put on a pair gloves and he picked this note up and brought it to a table in the center of the room and there he used material, fingerprint material, to check this envelope for fingerprints.

Q. Did he find any fingerprints? A. No, sir; he did not.

Q. Were you there when he checked it? A. Yes, sir.

Q. And then did he put his initials on it? A. He did.

Q. And those are the initials that appear today on each, F. A. K., is that so? A. The same.

Q. You were talking before about the suitcase with reference to the window, and I show you Exhibit S‑12, and ask you if that isn’t the window and  the suitcase as it appeared to you at that time. A. It is.

Q. With the exception of the fact that at the time you looked at it you also saw the note heretofore referred to on the window sill: is that so? A. Yes.

Q. I take it that is S‑13, Exhibit S‑13, which is a picture of the fireplace and the window and a suitcase, showing the same window, the same suitcase, but from a different point? A. It is.

Q. That is to say, it includes the entire fireplace? A. It does.

[345] Q. So that in that very nursery there was this southeast window, then there was the fireplace, then there was the northeast window, then in the center of the table, and between the table or, rather, on the other side of the table, the table being between the window and the crib: is that it? A. Yes, sir.

Q. All right, officer. What did you do then? A. I then went downstairs and I made—

Q. Pardon me. Did you notice whether or not the blankets were still pinned to the mattress? A. In looking at the crib I noticed that the upper end of the blankets at the head of the bed were still pinned.

Q. I see. A. Through to the—either the mattress or the sheet, the lower sheet.

Q. All right. Now then, you came downstairs, did you? A. I did.

Q. And waited for the detectives? A. No, sir; I made one phone call to my headquarters.

Q. I see. A. To see that everyone had been notified and on information received from Colonel Lindbergh I went around to the east side of the house.

Q. I see. A. And—

Q. What did you see there? A. Under the southeast window I noticed two indentations in the mud.

Q. What sore of indentations were they? A. They appeared to have been made by boards; the end of the boards stuck into the mud.

Q. Like indentations that would be made if a ladder were stuck in there? A. Yes, sir; the same.

Q. What else did you see? A. Out from the two indentations I saw a footprint, man’s footprint.

Q. What sized shoe do you wear, Officer? A. Nine.

[346] Q. With reference to the size of your shoe what have you to say as to this footprint? A. This footprint was a large footprint.

Q. Was it as large as your shoe? A. It was, if not larger.

Q. All right. Now then, did you return to—you looked around, I suppose. A. I looked around further.

Q. With the aid of a flashlight? A. Yes, sir.

Q. At any time in connection with that— I withdraw that. What happened then? A. After looking around the ground at that time other cars started to arrive and I left the east side of the house to go and see who was coming in.

Q. Yes. Who did come in? A. The first arrivals were Detectives Bornmann, De Gaetano.

Q. All right then, what else did you do? A. I gave Detective Bornmann and Detective De Gaetano a general outline of what I had found and another car arrived at that time and Detective Bornmann and De Gaetano then went up to the nursery. They had been—

Q. Now, Officer, in the course of your visit around the east side of the house, did you have occasion to use the flashlight and play it around on the grounds? A. I did.

Q. And in the course of that examination, did anything appear in it, within the rays of that flashlight, like a ladder? A. There was.

Q. Where did you see it? A. That was about, I should judge 60 or 70 feet in a southeasterly direction from the corner of the house.

Q. I see. So that particularly we will know the direction—the map is not very helpful—it would be out, say, towards the east, you say? Is that what you said? A. Yes, sir, southeastwardly.

Q. And if that is the nursery (indicating), it would be to the right side as I face it here? A. As [347] we face it here it would be to the right.

Q. To the right, yes; to the right and to the east? A. Yes, sir.

Q. And down here from the library the same way (indicating)? A. Yes, sir.

Q. To the right and to the east. And here (indicating on another map), right towards me it would be in this direction? A. It would be towards you looking at this diagram.

Q. If you were looking out of that window, in order to look in the direction of that ladder, you would have to look in the direction in which I am standing? A. Yes, sir.

Q. Is that so. About how many feet would you say, giving your best judgment, away from the house? A. To my best judgment I should say 60 or 70 feet.

By the Court: Q. From the southeast corner of the house? A. In a line from the window, which is almost to the corner.

Q. But measuring from the southeast corner it would be your judgment that it was 60 or 70 feet, is that the idea? A. Yes, sir.

Mr. Wilentz: Now if your Honor please, with reference to these Troopers, my examination with them and other officers would be limited so far as it is possible so that the testimony may come in in what I consider to be the logical order. They also participated in some matters relating to this case at the late stages; and so I suggest and request of counsel that I may be permitted in connection with all these officers, particularly those who participated in the later stages—that I may be able to recall them [348] on other matters. As to the events of that night, I rest with this witness.

Mr. Reilly: Certainly, no objection.

Mr. Wilentz: And you may take the witness, sir.

Cross-Examination by Mr. Reilly: Q. Trooper Wolf, is it? A. Yes, sir.

Q. What did you do to preserve the footprint? A. I assigned a man to see that no one went around that side of the house.

Q. What was the condition of the soil? A. At the point where I was standing on this boardwalk extending along the east side of the house it was soft. I didn’t step on it. It appeared to be soft.

Q. Did you see anyone preserve the measurements of the footprint? A. I did not, no.

Q. Did you see anyone pour plaster of Paris or anything else into that footprint so it would be preserved? A. Not to my knowledge.

Q. Did you see anyone photograph it? A. I didn’t see him photograph it, I understand it was done.

Q. Did you see anything done that night to preserve that footprint? A. I did.

Q. What? A. Keeping persons from going around to that side of the house.

Q. You knew, did you not, as a trained trooper that that was a very material piece of evidence? A. I did.

Q. That sometime would have to be spoken of in court before a jury? A. That is right.

Q. And yet, you saw no one preserve the measurement or the identical outline of the footprint in [349] any plaster of Paris or any flour or anything that could be preserved as a cast, did you? A. I did not.

Q. Do you know if there is one in existence today? A. I do not.

Q. The cast of that footprint? A. I do not. Q. And how many footprints did you see? A. I saw one.

Q. Of a right or left foot? A. I couldn’t say.

Q. Can’t you tell by looking at a footprint which shoe it was? A. Hardly in soft mud.

Q. Well, it was there the next morning, wasn’t it? A. I wasn’t there the next morning.

Q. Well, did your superiors call you back at any time to point out the footprint? A. Not to me, no, sir.

Q. The next time you did arrive was when? A. Arrived where.

Q. At the Lindbergh home. A. I worked from that point on different details.

Q. Did you ever come back to the point of the footprint? A. Not that night.

Q. Or the next day? A. I don’t believe so.

Q. Did you ever see it again? A. I did not.

Q. Never went looking for it, did you? A. No, sir.

Q. Did you point it out to the detectives? A. I informed him where it was.

Q. Did you take them over and say, “Here is a footprint; preserve it,”—did you? A. I informed him where the footprint was.

Q. But did you take him over and show him? A. I went with him to the east side of the house.

Q. Did you show him the footprint? A. I told him where it was.

Q. Did you show him the footprint? A. I didn’t walk all the way with him. There was only one man able to walk on this walk at a time.

[350] Q. Now, as a matter of fact, you know there was no footprint there. A. There was a footprint there.

Q. Was it a man or a woman? A. It was a man’s print.

Q. Did you show it to Colonel Schwarzkopf? A. I did not.

Q. Did you show it to anybody from the Federal Government, any investigator? A. I didn’t know any of the Federal people there.

Q. Did you show it to Colonel Lindbergh? A. He showed it to me.

Q. He showed it to you? A. He did.

Q. Did you see him give any orders to preserve it? A. I gave orders to preserve it.

Q. You know, don’t you, that there are many sizes of men’s shoes: correct? A. I do.

Q. Length and width? A. Yes.

Q. And many kinds of heels? A. Yes.

Q. Two kinds, at least: leather and rubber heels? A. That’s right.

Q. And that a rubber heel will make a different indentation than leather heels: correct? A. That is right.

Q. Now, did you look in the footprint, did you pay any attention to it at all? A. When I went out to the east side of the house, in the time that I was out there, I did everything possible to note the conditions. I was unable to go any further, due to the arrival of numerous cars coming, other officers arriving.

Q. Well, certainly some detective who arrived or some chief or somebody asked you something about the footprint, didn’t they? A. I informed the first arrivals.

Q. Now, there wasn’t any ladder leading up to the house, was there? A. No, sir; there was not. Q. And the only thing you had were two holes in the ground that made you think something had [351] been stuck in there, two pieces of board as the General says, which might have indicated the ends of a ladder: correct? A. That’s right.

Q. Now, how far down in the ground did the two indentations of what you call board holes extend? A. They were deep, but I didn’t measure them.

Q. Did anybody measure them? A. I don’t know.

Q. Did anybody take the ladder found 70 feet away in the woods and take it back in your presence and fit it into the holes in the mud? A. Not in my presence, no.

Q. No. And you were there all that night? A. Not at that side of the house.

Q. Well, you were there on the grounds? A. I was in the vicinity.

Q. And you were the first trooper? A. That is right.

Q. And that is all you found on the outside of the house, two holes that looked like ladder holes and one footprint, correct? A. And also a woman’s print.

Q. A woman’s what? A. A woman’s footprint, the footprint of a woman’s shoe.

Q. Where? A. That was further to the south between the boardwalk and the house itself.

Q. All right, let’s have that. You are sure the other was a man’s footprint? A. Positive.

Q. Now let’s put the man’s footprint somewhere where it belongs. You may have my pointer. You can point it out on here, if you please. This is the kidnap window as we call it, the Colonel’s library. This is the boardwalk, I assume, along here. A. The boardwalk extended on this side of the house. The man’s footprint was about here.

Q. About how many inches beyond? Can you see (addressing the jury)? 

[352] Mr. Wilentz: What is the question?

Mr. Reilly: I was asking if they could see. I thought possibly the jury couldn’t see, that I might be in the way.

By Mr. Reilly: Q. Let us assume now that this is the boardwalk, this shadowy part here, along this elevation of the house, is that correct? A. That is correct.

Q. And let us assume, let us not assume. Will you on this pointer indicate in your opinion the width of the boardwalk? A. A distance of about—

Q. Point it out. A. (continuing)—I should judge about eight inches.

Q. Single board? A. A line of boards.

Q. Thin boards, extending along, you mean? A. Yes, sir.

Q. Single boards but not joined together, just laid there? A. Just laid there.

Q. And those boards were about eight inches wide? A. To the best of my knowledge, yes.

Q. And about how far away from the edge of the building? A. I couldn’t say exactly.

Q. Well, they weren’t right up against the edge. It was a footwalk, wasn’t it? A. No. It was a foot walk.

Q. Between the boards and the edge of the building, I suppose was the same kind of muddy ground? A. About the same.

Q. Then came this eight-inch board that was stretched along, when one board ended another one was thrown down, correct? A. Yes.

Q. They were nailed together, just put together, as a catwalk? A. Yes, sir.

Q. And on the side of the board came more mud, is that right? A. Right.

[353] Q. Now then, the far side of the board—well, say I am correct—if this is the window up here and the catwalk is here, on the far side further out was the footprint? A. Between the boardwalk and the house.

Q. Oh, the footprint was between the boardwalk and the house, is that correct? A. That is the woman’s print.

Q. The man I am talking about, the man? A. The man’s footprint was outside of the board walk.

Q. I am talking now about the man’s footprint, and you understood me now to be talking about the man’s footprint. I don’t want to confuse you. The man’s footprint, is that correct? A. The man’s footprint.

Q. That you say was larger than your shoe? A. I should think so.

Q. And you wear a size nine. A. Nine.

Q. What width? A. Narrow; I wear a narrow shoe.

Q. Now, then, that would be in the space approximately between the wall and the cat walk of about—can you point it out here, approximately? A. Approximately—

Q. You did not measure it, of course. A. I would say it might have been twenty inches.

Q. Twenty inches? A. It may have been more, it may have been less.

Q. Now, did that footprint—which way did the footprint point? A. Still the man’s footprint?

Q. Yes, always the man’s footprint. A. The footprint faced the house, the toe pointing in toward the house.

Q. The toe pointing toward the wall, correct? A. Yes, sir.

Q. Now, was there any mud, water or slime of any kind on the board walk, the cat walk? A. I believe the boards were damp.

[354] Q. Did the marks of the boards that you have spoken about—were they between the cat walk and the house or were they outside the cat walk? A. Outside of the cat walk.

Q. And extended how far out? A. A short distance from the cat walk.

Q. And extended how far out? A. A short distance from the catwalk.

Q. About how many—? A. I never measured it; I can’t say.

Q. Approximately? A. Might have been a distance of six inches; may have been less.

Q. So that we have 20 inches between the wall and the cat walk, approximately; is that correct? A. That is right.

Q. Eight inches catwalk, 28 inches? A. That is 20 right.

Q. And about 6 inches more, the prongs or the marks of two boards: correct? A. That is right.

Q. 34 inches? A. Approximately.

Q. Well, approximately in the neighborhood of three feet? A. That is right.

Q. From the edge of the wall; correct? A. That is right.

Q. And we have the footprint in a space of 20 inches between the catwalk and the wall: is that  correct? A. The woman’s print?

Q. The man’s print. I am talking about now—don’t—I don’t want— A. The man’s print is not between the walk and the wall.

Q. Where was the man’s print? A. The man’s print is outside of the walk.

Q. All right; we will go back. A. Away from the house.

Q. All right. Now, go back; I am going to direct your attention, please, to the man’s footprint  and the man’s footprint only. A. Yes.

[355] Q. Because I don’t want it said I confused you and I didn’t understand the testimony? A. I understand.

Q. Now, the man’s footprint only? A. Yes.

Q. There was 20 inches between the wall and the catwalk: correct? A. Approximately.

Q. Approximately. Eight inches, approximately, catwalk? A. That is right.          

Q. Correct? Right? A. That is right.

Q. Six inches prongs—correct? A. That is right.

Mr. Reilly: Now, may I have your pointer for a second?

Mr. Wilentz: Yes, sir.

Q. Let us assume, here is the house here, let  us assume here is the house: tell me when to stop—Will those jurors who cannot see tell me when—stop me when I get, please, to the edge of the catwalk. (Indicates, using two pointers, hold at an angle against the wall, and drawing away). A. I should say something about in that neighborhood.

Q. Stop me when I get, please, to the edge of the cat walk. (Counsel draws sticks back from the wall slowly.) That marks the beginning of the cat walk, can you see it? Right? A. Approximately.

Q. I am not tying you down to inches. A. I want to make sure.

Q. Your best recollection. A. That’s right.

Q. Now you understand it so far? A. I do.

Q. Correct. Now we will say that the cat walk extends from this mark to here (indicating.) A. I believe that is approximately correct.

Q. So that then we come now to the cat walk, that is the end of the cat walk furthest away from the house. A. This is approximately the end of the [356] cat walk here.

Q. All right. This is the beginning of it as you come out from the house. A. The end is about here ( indicating. )

Q. This is the edge of the house (indicating joining of wall and floor.) Here is mud. A. That’s  right.

Q. We are coming out now to about here as you said where the cat walk begins, the width of it. A. Begins.

Q. Yes, the width. A. Yes.

Q. The planking, do you understand what I mean? A. Yes, I understand what you mean.

Q. Now is it fair to say that the width of the cat walk was as wide as from here to here (indicating)? A. I believe that is over eight feet.

Q. All right. I will put it back there. Is that  approximately it? A. Approximately.

Q. Then if I move this up here (indicating) I have the distance between the house plus the width of the cat walk, haven’t I? A. You have.

Q. You understand me? A. I do.

Q. Now that is the end of the cat walk. Now we have the mud. Where was the man’s footprint?

Mr. Wilentz: Walk out here and show it, please.

Q. These are the two sticks in the ground.

Mr. Wilentz: No, just a minute, please. The sticks, as I understand it, are supposed to indicate the end of the cat walk. Where was the ladder?

Q. Well, now, all right. Give me the footprints.

[357] Mr. Wilentz: Pardon me. I should not interrupt.

A. This is the end of the cat walk (indicating.)

Q. Right. A. About within the distance of six inches at which place the indentations were in the ground.

Q. Now, have you the stick marks, is that correct? A. That is correct.

Q. Then that brings us over here. Is that correct? Those are the stick marks which the General calls the ladder marks. You understand it up to now, do you? A. I do, very well.

Q. Now let’s put them over like this as though it was a ladder and I will hold it and you stand back there, please, and show me where the man’s footprint was? A. Approximately—

Q. Yes. A. Approximately about here (indicating.)

Mr. Wilentz: Indicating about six inches away from the foot of the ladder, facing the ladder and the house.

Q. A larger size than yours? A. It appeared to be, yes.

Q. And you were, for the purposes of the record, nine what? A. Nine.

Q. Nine, and what width? A. Narrow width.

Q. Narrow width. Well, you haven’t any narrower foot than mine, have you? A. Mine is a narrow foot, and I wear a narrow shoe, what is supposed to be a narrow last.

Q. All right. Now I think that is established. In connection with what now appears to be the bottom of the ladder or the sticks, the holes in the mud—because you saw no ladder, did you? A. I did.

[358] Q. Not in those sticks, you didn’t? A. Not in those sticks.

Q. In those holes? A. No.

Q. You just saw two holes that indicated something to you. Now in relation to the two holes that indicated something to you and in relation to the man’s footprint, where was the woman’s footprint?  A. The woman’s footprint was further to the south between the boardwalk and the house.

Q. Between the boardwalk and the house, you mean the mud between the catwalk and the house? A. That is right.

Q. And in relation to this window, where was it? A. Approximately here (indicating.)

Mr. Wilentz: Indicating a point slightly to the south.

Q. Indicating a point, we will say, that is almost the corner of the building, is that correct?

Mr. Wilentz: That is right.

A. Somewhere about there.

Q. Now Trooper, what does this mean, do you know (indicating)? Is that an areaway or something? A. This is the entrance to the terrace, an open terrace, extending along the front of the house.

Q. Is this the terrace (indicating on another map)? A. (No answer.)

Q. Is this the terrace here? A. This is the terrace.

Q. This is the stone terrace? A. That is right.

Q. And that runs along that side of the house there, doesn’t it? A. The front of the house, the south side.

Q. The front of the house. No part of those [359] broken stones extend around here at all (indicating)? A. No.

Q. Now did the woman’s footprint point toward the terrace? A. It did.

Q. Were there one or two woman’s footprints? A. One.

Q. And Colonel Lindbergh and you were the first persons at that scene of the footprints, correct? A. I don’t believe so. There were others there before—

Q. Did you see the Colonel with his gun? A. I did not.

Q. He did not have any rifle? A. He did not.

Q. Where was he standing when you saw him? A. On my arrival at the scene, at the home?

Q. Yes. A. He come out of the front door.

Q. Where was Miss Gow when you got there? A. I didn’t see Miss Gow.

Q. Where was Mrs. Lindbergh? A. I couldn’t tell you.

Q. Where was Mrs. Whately? A. I couldn’t tell you that.

Q. Where was Whately? A. I couldn’t tell you that.

Q. What other police officer was there before you? A. Officers Wolfe and Williamson of Hopewell, special officers, I believe.

Q. Where did you see them? A. They were standing out in the front.

Q. On the terrace? A. The front terrace? No.

Q. What do you mean by out front? A. Of the front door.

Q. Yes. A. Yes.

Q. Well now, I want, and it is quite important to know, just what time you arrived. A. I can tell you, approximately five minutes of eleven.

Q. How long after you received your call? A. I received the call about 10:30 and I was—

[360] Q. You were the third officer to arrive? A. I was.

Q. Wolfe and—what is the other gentleman’s name? A. Williamson.

Q. Williamson. Both local officers of that neighborhood; is that correct? A. Of Hopewell.

Q. Yes, but not connected with the State Police?  A. No.

Q. And for the purpose of the record, they are both men: right? A. You are right.

Q. You were the third officer on the scene? A. I was.

Q. Correct. You saw no members of the household roaming around the ground? You saw Colonel Lindbergh come out the front door, didn’t you? A. I did.

Q. You did not see Mrs. Lindbergh, Miss Gow  or Mrs. Whately, did you? A. I did not.

Q. And you did not see the male butler, did you? A. I did not.

Mr. Reilly: That is all.

Re-Direct Examination by Mr. Wilentz: Q. I want to show you a picture of what purports to be a print and ask you whether or not you recognize that as indicating about what you saw when you say you saw a man’s footprint. A. That is it.

Mr. Wilentz: I will ask that it be offered for identification. That is all, Officer.

(Photograph referred to marked State Exhibit S‑31 for Identification.)

Mr. Wilentz: Referring to what number for identification?

The Reporter: S‑31.


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