502 



Mr. Adams. — According to that the State has had to pay for its 

 trespass, and paid for its taxes too. 



Mr. Anibal. — Simply shows that when the forest commission set the, 

 wheels in . motion, the title was turned over to them by the Comp- 

 troller's office, as the State owning the lands, since which time appli- 

 cations have been made, and cancellations been got, and consequently 

 the suits had to fall down, and that is why the indictment he says 

 never was pushed against him in Franklin county, because the State 

 title failed. 



Mr. Adams.— Let me ask, this 255 of 1881 sale, it was redeemed or, 

 cancelled January 12, 1886, by A. L. Inman ; $300 - on the ground of 

 occupancy. 



Mr. Anibal. — No proof of the service of notices. 



Mr. Adams. — State never acquired any title according to that; it 

 should have been assessed as resident land, if it was occupied ; the 

 State tax deed was good for nothing. 



Mr. Fiero. — This relates to the sale? 



Mr. Adams. — I know about the sale, they sold it. 



Mr. Hessbebg. — You are mistaken; it was redeemed under the 

 statute relating to non-resident land, that is occupancy that happens 

 after the sale, and when the time of the two years expires, and they 

 may redeem, it becomes resident land afterwards. 



Mr. Anibal. — I offer in evidence three indictments, certified copies 

 from the county clerk's office of the county of Franklin. The People 

 of the State of New York against Benton Turner. They were found 

 by the grand jury of that county March 10, 1885. 



Mr. Adams. — For what purpose are these offered ? 



-Mr. Anibal. — To justify the statement that the Comptroller, in sub- 

 stance made, the deputy Comptroller, to the forest commission that 

 .this man was trespassing there and also to state what Van Buren 

 x Miller said about him was about half-way correct. 



Mr. Adams. — Now, I object. 



Mr. Anibal. — And then to read the statement further that he was 

 only indicted in a case where there was a cancellation afterwards of the 

 State's title to the lot that he was charged as having trespassed upon; 

 and to simply show that he falsely swore in regard to it; these 

 indictements covered not only lot 255 of which we have been 

 speaking but other lots to which the State has title. 



Mr. Adams.— I object to the statement and I object to the offer; 

 was it ever heard in any court, or at any time that an indictment and 

 accusation against a man could be offered by way of impeachment? 



