478 



A. It was a resident lot and has been the past twenty years. 



Q. How came you to cut the timber ? 



A. Because they never had served any notice. 



Q. Did you have any permission ? 



A. 'Yes; I had permission to cut it from the owner. 



Q. You made an arrangement with him and had permission to out 

 it from the owner and cut'it in consequence of your contract ? 



A. Yes, sir. 



Q. Since that time has any supposed claim of the State been 

 extinguished ? 



A. Yes, sir. 



Q. [Presenting same.] Is that a letter from the Comptroller's 

 office on the subject of that lot ? 



A. Yes, sir. 



Q. Did you get that from the Comptroller's office this morning? 



A. Yes, got it. 



Albany, N. Y., March 6, 1891. 

 Benton Tubneb, Plattsburgh, N. Y.: 



Dear Sib -^- By the list of State lands on file in this office, the State 

 does not now own lot 253, township 9, Old Military tract, Franklin 

 county. 



EDWARD WEMPLE, 



, Comptroller. 



Q. You have an uncle up there, his name is what ? 



A. Albert Turner. 



Q. What kind of a man is Albert Turner; have you got along with 

 him well ? 



A- I don't have anything to do with him; a good respectable man 

 for all I know; he lives in Malone. 



Q. Has he promoted any of the complaints or prosecution against 

 you for alleged trespasses ? 



A. I suppose he has. 



Q. And in regard to this indictment, who promoted that; made the 

 complaint ? • 



A. I don't know anything about it. 

 • Q. Now to come back; the conversation in regard to this deal was 

 first opened while you were riding in a cutter with Garmon up to 

 Loon lake? 



A. Fr6m Saranac lake we went to Corey's and the whole length of 

 the upper lake. 



Q. To Ihe other side you have stated that you could not give the 

 particulars of the conversation, exact words used by you or by 

 Garmon? 



