* * * * *
A small, grim prison cell was now home for Emmett Dalton. But he had no intention to stay there for the rest of his life. His plans were not of escape, but earning his freedom with good behavior. And his mother's support of him never failed.
John N. Reynolds, who spent 16 months at the Lansing penitentiary from October 1889, wrote a book about his experiences and the conditions at the prison, which gives some idea about the place that was to be home for Emmett for some years to come. Most likely due to his injuries, he was spared from having to work in the coal mine. He was assigned to the tailor shop.
Whether Bill Dalton became an outlaw or not, the newspapers certainly made him one. In May 1894 various papers carried a small item quoting Emmett as saying that he wishes his brother Bill would quit robbing people on the outside. That he says, if it were not for the actions of his brother, he would have a chance to reduce his sentence by good behavior, but prejudice against him increases all the time. This prompted Emmett to write a letter to the Kansas City Star.
Kansas City Star, May 30, 1894: EMMETT DALTON INDIGNANT. TO THE KANSAS CITY STAR: I noticed a short squib in one of your last week’s dailies representing me as saying “I wished my Brother Bill would quit his robbing the People on the outside and if it was not for Bill’s Monkey shines I might shorten my sentence by good conduct.” Possibly you did not intend to do any one an injury, yet the above statement is detrimental in every particular.
I should think that the News Papers would soon become ashamed of their oft repeated unmitigated falsehoods concerning the Daltons. Bill Dalton is not a robber and is not in this country; when he has been said to have been killed at least a dozen different times. Therefore it is exceedingly silly to suppose that I should even think of such, much less so have expressed it.
In the next place, the writer of this base falsehood exhibits stupidity in inffering that Bill’s conduct could in any way affect commutation for good conduct; see the robbing that the so called Dalton gang are doing is being done in the offices of disreputable newspapers by lieing pencil shovers and possibly is being done for pocket sugar. Since you have given publicity to the falsehood, I think it is no more than right that you should give equal publicity to this letter. Yours in correction, EMMETT DALTON, Lansing, Kas., May 28.
Also Cole Dalton had stated on April 26, 1894, that Bill was not in United States. On June 9, a cowboy named Bill McKinney at Hennessey, Ok., said that he had been with Bill Dalton at a fandango given in the city of Chihuahua the previous week, and that Dalton went south to the City of Mexico. Some cowboys were known to have received letters from him from Mexico a couple of weeks earlier. However, Bill was connected to a bank robbery at Longview, Texas, on May 23, 1894, and the law went after him. He was killed, or more likely murdered, by a posse of deputies on June 8, 1894, near Ardmore, Oklahoma (see more on this story in The Dalton Gang Story by N. Samuelson).
Kansas City Star, April 26, 1895: Young Emmet Dalton every day files in and out of the cell house and the dining hall at the Kansas penitentiary at the head of a group of convicts in lock step. He steps lightly and firmly. He is the picture of health and content. It is more than likely that he eats more and better food with greater regularity, wears better clothes, takes more healthy exercise in the penitentiary than outside and is altogether better off physically than he would be in any other condition. He is said to read books and papers, and has become a model citizen in the prison. There is no reason why the sincere friends of any young outlaw should mourn over the fact of his going to the penitentiary. The disgrace was in the deed which sent him there, not in the penitentiary itself. A man with criminal instinct is taught industry and discipline in the penal institutions and, if his term is for life, he leads as comfortable and, on the whole, as contented a life, and certainly as honorable a life, as he would outside, constantly battling with society.
The lock step: convicts walked in a single file, the right hand on the shoulder of the man in front, the left hand on the side, stepping in unison, raising the right foot high and shuffling with the left.
As the years went by, Emmett would concentrate his thoughts on regaining his freedom.
Kansas Semi-Weekly Capital, Nov. 5, 1897: An effort is being made to secure a pardon for Emmet Dalton now confined in the Kansas penitentiary. Dalton is said to be exceptionally well-behaved prisoner, but that is hardly an argument in favor of his release. The general opinion of the public is that the wild rough life he led prior to his apprehension entitles him to the comfort, rest and seclusion of the pen as long as he can be kept there.
Kansas Semi-Weekly Capital, Dec. 14, 1897: Arkansas City, Kan., Dec. 13. - Emmett Dalton, a bank robber in the penitentiary at Lansing, has written to George S. Hartley a bank president of this city asking for assistance in the matter of securing a pardon. His letter is as follows:
Lansing, Kan., Nov. 29, 1897.
George S. Hartley, Arkansas City, Kan.:
Dear Sir: - I write to you to ask a favor and one I hope you will grant. Of course, when the proper time comes, I expect to make an effort to secure a pardon or a commutation of sentence, and would like to have a letter of recommendation from you giving your idea of our trouble and the cause that led up to it. As you are as well acquainted with both sides as any one. I feel that a few lines from you would help me greatly in my case.
I would also like to get a letter from H. E. Richter, but do not know his address nor just how to strike him. Would be glad if you would inform me how and where to reach him.
Hoping you can comply with the above, I will anxiously await for your reply. Yours truly, EMMETT DALTON.
Hartley had been a federally licensed trader with the Osage Indians near Pawhuska, moving to Arkansas City in 1894, where he became a conspicuous figure in political, banking and civic life. When Bob failed to get his pay from Marshal Walker, according to Emmett: “Bob resigned and turned over his accounts to George Hartely, a wealthy Indian trader at Pawhuska. Mr. Hartely was a good friend of ours and, after repeated and persistent attempts, failed to collect anything from Walker.” Richter also had been a trader at Pawhuska, and well acquainted with Emmett and Bob.
Emmett had the nerve to approach Judge McCue as well.
Idaho Daily Statesman, Dec. 20, 1897: Kansas City, Dec. 19. - Emmett Dalton, who was captured during the attempt at wholesale bank robbery in Coffeyville, Kan., five years ago and sentenced to imprisonment for life, is about to apply for a pardon. Judge J. D. McCue of this city, who was for five years judge of the district court of Montgomery county, Kan., and who passed sentence upon Emmett Dalton, has received the following letter:
Judge J. D. McCue, Kansas City, Mo., Dear Sir: When the proper time comes I shall as a matter of course make application for executive clemency and would value a letter of recommendation from you very highly, as I think it would have some weight in my case. I shall put forth all my best endeavors to merit any favor which may be shown in the way of procuring for me another chance at something in this life and give me hope for the future. You may be somewhat surprised at my making this request at this time, but knowing the uncertainties of life I feel that through some mishap I might not be able to reach you at a later day.
As you are thoroughly familiar with the facts and circumstances connected with the case it would be a loss of time as well as an imposition on your patience to relate them to you now. I believe you can and will help me without any way injuring or compromising yourself.
Will you kindly write and forward to me such a letter or recommendation, addressed to the governor and board of pardons, as will do me for future use.
Thanking you in advance for any kindness shown in the matter, I am sincerely yours, EMMETT DALTON
When Judge McCue was asked if he would grant the request of the outlaw he replied:
“I certainly could not consistently recommend executive clemency now. What course I might take some years later I cannot now say. There is no question in my mind but Dalton should be severely punished.”
Arizona Weekly Journal, Dec. 29, 1897: Emmet Dalton, one of the Coffeyville, Kansas, bank robbers, who has been in the penitentiary for five years, has applied for a pardon.
Kansas Semi-Weekly Capital, Aug. 16, 1898: KANSAS NEWS AND COMMENT. One of the best prisoners in the Kansas pen is Emmett Dalton.
In the articles that follow, I shall skip the forever repeated accounts of the Coffeyville raid, unless they contain details of interest.
Waterloo Daily Courier, Sept. 13, 1898: …Emmet did recover and is now serving a life sentence in the penitentiary, whence he recently sent a cane to Dr. Wells, the local physician whose practice was so much better than his diagnosis [that Emmett could not survive over two hours] that he healed the lad from the effect of three Winchester bullets and two loads of buckshot.
The Perry Advetiser, April 21, 1899: Emmet Dalton, youngest member of the famous Dalton gang, now in the Kansas penitentiary for train robbery, murder and other crimes, may receive a pardon soon. Governor Stanley is said to have taken an interest in Dalton’s case and thinks the outlaw is not as black as has been painted. Young Dalton has been in the penitentiary since 1891. He was sentenced for life.
Kansas City Star, May 12, 1899: Topeka, May 12. - Emmett Dalton, the sole survivor of the Dalton gang after the Coffeyville raid a few years ago, has made no application for a pardon, but the people of Montgomery county, apprehensive that he will, have filed numerously signed remonstrances. Among them is the protest of C. A. Connelly, whose father, the city marshal of the town, was killed by the bandits. Others who object are ex-governor Lyman U. Humphrey, W. E. Zeigler, the prosecuting attorney who sent Dalton to the penitentiay; Thomas G. Ayres, a lawyer of Coffeyville; O. P. Ergenbright, a lawyer of Independence; W. T. Yoe, editor of the Independence Tribune; E. P. AllenW. P. Lyon and R. D. Hollingsworth, bankers of Independence, and F. C. Frazier, mayor of Independence. In addition to individual protests is a remonstrance signed by 800 men. Dalton is an exemplary prisoner, and by his good conduct had hoped to win executive clemency in the near future, but since these remonstrances have been filed he probably will not present a petition until another administration comes in. He expected to file a petition in July.
Miami Daily News-Record (I. T.), Nov. 18, 1899: Topeka. - The mother of Emmett Dalton, the noted outlaw is working diligently to secure apardon for her son. The prison officials say that the petition is signed by a large majority of the people of Coffeyville, where the Daltons did their killing.
The Oklahoman, Oct. 13, 1901: Topeka, Kas., Oct. 12. - Governor Stanley today set November 15 as the date for hearing an application for a pardon for Emmett Dalton, the noted outlaw who is serving a life sentence in the Kansas penitentiary for participating in the Coffeyville bank robbery in 1893.
Much opposition was made to setting a date for the hearing by those who opposed granting the pardon, and the action may therefore be considered a victory for Dalton’s friends.
Governor Jenkins of Oklahoma has written to Governor Stanley asking that the pardon be granted.
In the same issue Governor Jenkins received a lot of flak for his support of Emmett, including: “Yet our territory, which is preparing even now to ask admission to statehood, is disgraced by its governor asking this outlaw and desperado be granted pardon. Is the governor of Oklahoma bereft of a sense of proprieties?”
Adeline Dalton, Emmett’s mother, was doing all she could to secure freedom for her son.
Checotah Enquirer, Oct. 18, 1901: O. G. Eckstein of Wichita was in Topeka, Kansas, the first of the week to review before Governor Stanley the application of Emmett Dalton for a pardon, or parole. Dalton is in the penitentiary under a life sentence for participation in the murder of four citizens of Coffeyville, Montgomery County, incident to a raid on the banks of that town October 5, 1892. …
Eckstein is employed by the convict’s mother, who lives near Kingfisher, Oklahoma, and is 73 years old. Eckstein has favorable letters from three former wardens of the penitentiary and also from citizens of Independence, the county seat of McHenry County. Judge McCue so far has refused to sign the petition. Dalton is now 28 years old.
Dalton is now at work in the Kansas Penitentiary tailor shop again. He was the clerk at a cell house for about a year, but was recently changed to his own place in the tailoring department. Dalton is said to be the best cutter around the penitentiary, and he works on the suits supplied to the prison officials. He talks much about getting a pardon. His conduct in prison has always been good.
The Oklahoman, Oct. 23, 1901: … “Sentiment in Coffeyville is all against a pardon for Emmett Dalton,” said Benefiel. “I don’t know of a solitary person in the town who would sign a petition for his release. The reason we have not got up any protests is because we do not think it is necessary. It is beyond our comprehension to believe there is the least chance of Dalton getting a pardon.”
Sunday World-Herald, Oct. 27, 1901: A 70 year old mother is seeking to open the penitentiary door for Emmett Dalton. It is said that this time Mrs. Dalton is soon to win the pardon she has sought for the last four years.
Two years ago the mother almost succeeded in her effort, but there were four men of Coffeyville killed in that memorable battle. Seven years had not sufficed to placate the citizens of the Southern Kansas town for the outrageous murders. Coffeyville protested, and Emmett Dalton remained in the Kansas penitentiary serving out a monotonous life sentence at the tailoring trade.
Emmett is a fine looking, stalwart fellow, and a silent, painstaking workman - patient because he knows that if he works unceasingly and uncompromisingly with the scissors and cloth he may some day gain the precious boon of liberty once more.
After waiting two more years, Dalton’s mother made a new effort this fall. The parole of the Younger brothers from Stillwater gave her a new hope. If Minnesota could be lenient with the Youngers because the wild environment of their bandit days is no more, and they are as men born again, his old mother wondered why Kansas could not remember his youth, the leadership of his older brothers and manly career in prison, and permit liberty for Emmett Dalton.
The Oklahoman, Nov. 16, 1901: Wichita, Kan., Nov. 15. - A petition signed by the business and professional men of this city was forwarded to Governor Stanley today, protesting against the granting of parole to Emmett Dalton, the noted outlaw. The petition is that it would be detrimental to the best interests of the state, that the effect would be bad on the outlaw element, and that he committed the crime in the full consciousness of his nature, and compassion for widows, orphans and relatives should not enter the case.. The hearing of the application comes up tomorrow. L. F. Cochran, assistant chief clerk of the railway mail service here, will present the protest. His brother-in-law, Lewis Baldwin, was one of the young men killed in the Dalton raid. Adaline Dalton, the mother of Emmett, came up from Kingfisher yesterday, and, with attorney Otto Eckstein, continued to Topeka this morning. They will be present at the hearing of the application for the parole. A number of Coffeyville people also will be present to protest against the granting of the pardon, and some interesting testimony is expected to be presented.
— Topeka, Kan., Nov. 15. - Mrs. Adaline Dalton, mother of Emmett Dalton, with her attorney, Otto Eckstein, arrived tonight to present Dalton’s application for a pardon to the governor tomorrow. She is an old woman and has worked so hard she is on the verge of collapse.
— Topeka, Kan., Nov. 15. - The application to the governor for the parole of Emmett Dalton, the last of the Dalton gang of bank robbers, and who is serving a life term for murder committed during the raid in Coffeyville, Kas., in 1892, was withdrawn today. The popular protest against the parole being so overwhelming that Dalton’s friends considered it best not to wait for an adverse decision.
The Oklahoman, Aug. 16, 1903: Guthrie, Okla., Aug. 15. - The matter of a pardon for Emmett Dalton, the only surviving member of the notorious Dalton gang which operated in the southwest in the early ’90’s, is being agitated in Kansas and Oklahoma, and all men of prominence in the two commonwealths are being petitioned by the widowed mother of the convict to sign the prayer to Governor Bailey of Kansas. … The attempt to secure the pardon was also made of Governor W. E. Stanley, but failed entirely, as Stanley refused to consider the matter.
The aged mother of Dalton lives on a farm in Kingfisher county, Oklahoma, where she took a claim when that county was opened to settlement. At this farm all of her boys, at one time, were gathered, before they became the terrors of the southwest, bank robbers, train wreckers, the murderers alike of innocent citizens and officers. Ther is not a better known citizen of that county, however, than the widowed mother, who is unceacing in her efforts to secure a pardon, or parole, for her “baby boy,” as she lovingly refers to the prisoner.
She is an interesting woman and relates her life story in a way that attracts the sympathy of all. Not once has she given up the hope of seeing Emmet Dalton back on the old farm, where she may again influence him for right and an honorable life. She has talked frequently with Governor T. B. Ferguson and other territorial officials regarding her pardon, or parole, whichever she can get; and if these men, together with those of equal prominence in Kansas, intercede in the mother’s behalf (as it is now believed they will) there is a belief that Governor Bailey will issue the pardon. Whatever is done will be done because the mother asks it.
Oklahoma people are much interested in the petition, to be presented to Governor Bailey. The name Dalton is a very familiar one to the old residents of the territory, for it was in Oklahoma and never far from her borders that the desperate acts of the Dalton gang were committed. There are many yet residing in the territory who were victims of the gang and of course these do not feel kindly toward the movement to secure the pardon for Emmett. There is also much opposition to the pardon from Coffeyville, and other Kansas towns, which were raided by the Dalton gang [it pays to remember here that the Daltons were accused just about all the crimes in these areas, were they guilty or not, and by this time plenty of fiction had been written about their ’desperate deeds’]. In fact, when the attempt was made, when Stanley was governor, the citizens of these towns protested in a body.
It is now related that Emmet Dalton tried to prevent his brothers from carrying out the plans to raid Coffeyville, but he was unsuccessful. He even solicited the assistance of his mother, writing to her of the intended robbery, and asking her to see the boys, but they paid no heed to her pleas and the Coffeyville affair will go down in history as one of the boldest deeds in the history of outlawry in the southwest. Emmett was captured and sentenced to the penitentiary, having now served about ten years.
The agitation for this pardon, or parole, is one of the things that Governor Bailey inherited in entering upon his gubernatorial duties. The mother of the prisoner began another campaign as soon as the campaign was ended which resulted in the election of a new governor. If Governor Bailey does not grant her prayer, then she will bide her time until another opportunity presents itself.
William Grimes, secretary of Oklahoma territory, and United States Marshal here under President Harrison, knew the Daltons personally and knowing much of their history has always been opposed to the pardon, or parole, being granted. He is also a resident of Kingfisher county, near the aged Dalton mother’s home. Grimes asserts that Emmet Dalton did not try to prevent the robbery of the Coffeyville banks by his brothers.
The present United States marshal for Oklahoma, William Fossett, was a well known outlaw fighter at the time the Daltons were notorious and he also opposes the pardon, although it is believed that both he and Grimes will listen to and assist the mother in her work. It is a well known fact that several of her sons met death as outlaws and that another was a deputy marshal in the service of the government and was killed by outlaws in the Indian Territory.
Miami Daily News-Record (I.T.), Aug. 28, 1903: No, my son, Emmet Dalton will not pardoned in Kansas no more than Willie Sells will go scot free.
Willie Sell caused a sensation in 1886, when, at the age of 16, he was accused of brutally murdering his whole family. He was convicted on circumstantial evidence, although he was innocent of this horrific crime. He was sentenced for life at Lansing prison and worked in the tailor shop for about four years. On April 9, 1907, he was pardoned by Governor Hoch and became a pharmacist, a trade he learned at the prison. He lived respectably for the rest of his life.
Kansas City Star, May 6, 1904: LEAVENWORTH, Kas., May 6. - Emmet Dalton, one of the Dalton brothers, bandits, has applied to the board of directors of the Kansas penitentiary for a parole. Under a new law the prison directors act as a parole board. Dalton is serving a life sentence for his part in the Coffeyville bank robbery, when several citizens were killed. Almost all the members of the Dalton gang were killed and the organization was broken up. Emmet Dalton’s face has a deep scar, the result of a wound received in that fight.
Two efforts have been made to secure a pardon for Dalton. His mother worked up some sentiment in his behalf and the aid of several Populist politicians was enlisted in Governor Leedy’s term, but nothing came of it. Dalton says he wants a chance to show that he has reformed. His plans are to help his mother run the farm. Above all, Dalton promises not to take to the stage or show busines. He has expressed his disapproval of the action of Cole Younger for exhibiting himself and feels that this course has injured his chances for obtaining a pardon.
Dalton’s prison record is good. He is a tailor and makes the prison officers’ clothing. He has been a time clerk in one of the cellhouses.
Dallas Morning News, June 7, 1904: Leavenworth, Kan., June 6 - J. E. Marcell, whose forgeries of $100,000 wrecked the Highland bank, has been sentenced to thirty-five years in prison, five years on each of seven accounts, and he began serving time in the penitentiary today. He was placed as an apprentice under Emmett Dalton, the former outlaw and bank robber, in the tailor shop. Marcell was cashier of the wrecked bank. What he did with the thousands he stole is still a mystery.
The Oklahoman, Sept. 23, 1904: James Morgan, who is serving a fiften years’ sentence for killing a man near Jefferson two years ago, writes home to Grant county that he is employed in the penitentiary as a tailor, his head boss being Emmett Dalton, the ex-outlaw.
The Oklahoman, Dec. 16, 1904: Topeka, Dec. 15. - The sixth unsuccessful attempt to have Emmett Dalton, one of the Coffeyville bandits, pardoned from the penitentiary was made today. The requests for a pardon for this criminal have become so common that every governor expects to have to refuse them three or four times while he is in office. The request today was made by Mrs. Dalton, the mother of the prisoner.
Emmett Dalton has been in the penitentiary twelve years, serving a life sentence for his part in the raid on the Coffeyville bank. He was only 19 years old when the raid was made. Governor Bailey listened to the plea of Mrs. Dalton, but told her that he could not take up the case at this time, as it is too near the end of his term of office. He had already heard the application for the pardon twice and had refused to grant it.
Kansas City Star, Aug. 22, 1905: “Is Emmett Dalton a criminal at heart? If he were released now, would he lead an honest and useful life?” I asked these two questions of Warden Jewett, at the state penitentiary a few days ago. The answer was positive and given readily.
“I am convinced he is not,” he said, “and I am just as positive that if he were released tomorrow he would lead a life creditable to the community in which he resided and that the criminal records of Kansas or any other state would never again have his name written upon them.”
I had just had a talk with Dalton outside the tailor shop where he is the chief cutter. It was not much of a talk because he didn’t talk much. No person who comes in personal contact with Emmett Dalton can help being impressed by his personality. And when one remembers the circumstances that brought him to the place where he is now, the inevitable conclusion is that environment and early training were more responsible for his act when he assisted in attempting to rob two banks at Coffeyville thirteen years ago, than that he is a criminal at heart.
Emmett Dalton is a man of splendid physique. He has a round boyish face and frank brown eyes. As he stood before me, tall and erect, there was a constant reminder of the sacrifice this man had made in his attempt to save a dying brother. Had it not been his for his love and hero worship of “Bob” Dalton, Emmett might have escaped.
Thirteen years Emmett Dalton, twenty years old, was the constant companion of his brother “Bob”. “Bob” was a fearless, brutal, cruel, desperate outlaw, who thought no more of taking a man’s life than would a man who wishes to do away with a rabid dog. He had been a deputy United States marshal and was dismissed because he robbed a prisoner and then allowed him to escape.
“Bob” Dalton organized a gang to rob two banks in Coffeyville. Emmett never questioned the right or the wrong of the project. “Bob” wanted him to go and he went. His reliance upon “Bob” amounted almost to idolatry. The boy knew no other master. He was born in he “bad man’s country” where his earliest recollections of man, of almost any description, was a being who “toted guns” and who drew them at the slightest provocation. He was reared in the belief that human life was the cheapest thing to be found thereabouts. [Good grief, where on earth did this reporter get all this stuff!!!]
Warden Jewitt continued talking. He said: “You want to know what I think of Emmett Dalton, what his relation is to the prison, what he is doing and whether I think there is a possibility that, if released, he would become a good citizen. The fact that other brothers of his family besides himself had committed crime leads many persons to advance the idea that the blood of the family is tainted, and whether Emmett would or not, he could not break away from the habit of the criminal. Mrs. Dalton is the mother of ten sons. It is asserted, and I quess there is no question about it, that four of these sons committed crimes. The Coffeyville raid, however, was the first and last for Emmett Dalton. …There is nothing in the tainted blood proposition, in my judgment. It is said that the mother is related to the Younger family, and this is used as an argument that the blood is corrupted. …Dalton is to very great extent, probably wholly so, the product of his environments. His contact with the frontier was at the time of life when impressions were easily made and had their effect. …”
So obviously Emmett kept professing his innocence to any crimes other than the Coffeyville raid, which of course was bad enough for him. And, how many of us would admit to wrong-doings if we didn’t have to and there was no solid evidence to prove otherwise?
The Macon Daily Telegraph, Jan. 14, 1906: One of the famous prisoners of the Kansas penitentiary is Emmet Dalton. Probably no prisoner has had more frequent and earnest efforts made for him for a pardon.
At the time of the Coffeyville raid, the last picturesque bank robbery in Kansas, two of the Daltons were killed and Emmet was badly wounded. Emmet was only 18 then, and his friends say he was drawn into the expedition without realizing just what it was. When the plan was made clear to him he attempted to back out, but his brothers and the older men in the party forced him into line.
When the attack was made he was left to guard the horses and did not fire a shot. The latest plea for his pardon is based on the necessities of his mother, who lives only four miles from Kingfisher. She is very old and is greatly in need of her son for support.
Emmett keeps getting younger and even his involvement in the raid less and less! As to his mother needing his support, she had her son Ben living near-by and daughter Leona lived with her. She managed to survive till 1925 without Emmett’s support.
The Oklahoman, May 29, 1906: An attempt is to be made among friends of Emmett Dalton in the Osage Indian Nation to have him paroled from the Kansas penitentiary, where he is serving a life sentence for his part in the robbery of the Coffeyville bank a number of years ago. Young Dalton was a resident of the Osage country in the early days.
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Last modified: 24 February 2014