293 



lack Railroad Company — and they cut clean as they went; that 

 irespass covered, as near as we could measure it, about 700 acres on 

 State land; there was a fire in the southwest corner which burned 

 )ver two or three small parcels in connection with their land. 



Q. Was that the trespass you collected for from Hurd? 



A. No, sir; he paid $5,000 for that trespass and the costs of the 

 wit, which were $300 more. 



By Chairman Ryan: i 



Q. You testified that there are less trespasses now than formerly; 

 lo you think the fact that there is less timber there than formerly 

 las anything to do with that? 



A. No, sir; there is plenty of timber for them to steal. 



•Q. Tou spoke of the difficulty of prosecuting these cases by reason 

 )f inability to secure competent surveyors to locate the lines; is that 

 he greatest difficulty you have to contend with? 



A. The greatest difficulties are to get the surveyors to locate those 

 ines, when they get into court, and to get men who were present 

 vhen the cutting was done to go upon the lot and swear when they 

 jet into court that the cutttng is inside of those lines. 



Q. You find it very difficult up in that country to get jurors to con- 

 rict men of stealing from the State, after you have offered sufficient 

 jroof? ' ' 



A. Yes, sir; very difficult; we had a case on trial in Johnstown for 

 our or five days, and Mr. Anibal defended him, and the jury staid 

 >ut and couldn't agree, and they said they would have staid there for 

 liz months. 



By Mr. Anibal: " 



Q. How long a time did it take up in its trial ? 



A Two weeks' circuit at Johnstown was taken up in trying three 

 lases. 



Q. What attorneys did you have representing the forest commis- 

 ion? 



A. T. S. Jones, of Oneida, assisted by John M. Carroll, of Johnstown. 



Mr. Dickinson. — I move we adjourn until to-morrow, 3 o'clock. 



Chairman Ryan. — The clerk will call the roll upon that and we will 

 ee whether we can have a meeting to-morrow evening or to-morrOw 

 iternoon at three o'clock. From present indications it is quite 

 ikely that the Assembly will not adjourn very early to-morrow. We 

 an meet one hour after the adjournment of the Assembly. 



Mr. Anibal. — A suggestion has been made, and we submit it to the 

 ommittee for the committee to take such action as their good judg- 



