485 



Gentlemen. — I will sell you all my right, title and interest subject 

 to taxes -to the southeast quarter of township 24, of Macomb's Pur- 

 chase, Great Tract 1, on conditions you will allow me to cut and 

 remove all the spruce, cedar, pine, balsam and Hemlock on said lands 

 and discontinue the suit now pending between B. Turner and the 

 State of New York, each party paying his own costs, if accepted 

 within ten days. Tours. 



B. TURNER. 



Did you send such a communication as that to the forest com- 

 mission ? 



A. I should think I did. 



Q. Can you remember the date when you sent it? 



A. I could not; it is dated April 4, 1890; I will do that now. 



Q. And discontinue the suit now pending between Ben Turner and 

 the State of New York, each party paying its own costs ? 



A. I will do that now. 



Q. Is that the letter you sent them ? 



A. I presume likely; I wouldn't say. 



Q. With reference to what suit ? 



A. I suppose the one pending. 



Q. Before Judge Hand? 



A. I suppose so. 



Q. You so understand it ? 



A. I suppose so. 



By Mr. Cameron: 



Q. You were indicted, you say, for taking timber off a certain lot 

 in Franklin county ? 



A. I suppose that was it. 



Q. Were you ever arrested on that indictment ? 



A. I think one time at Malone the sheriff told me he had an indict- 

 ment against me and I think we went over to the court-house, and I 

 don't know what was done, whether bonds were given — 



Q. (Interrupting.) Who represented you there ? 



A. I think George Henry Beckwith. 



Q. Has that indictment ever been pressed ? 



A. No; I have asked the district attorney two or three times to 

 dispose of it. 



Q. You don't know whether it has been quashed or not ? 



A. T don't know what has been done with it. 



Q. That was for lumbering lot 235 ? 



A. That is what I understood. 



