522 



and the lumber taken therefrom as aforesaid and that Van Buren 

 Miller acted as the agent of the Comptroller in such adjustment. 



That said adjustment and settlement was openly made, fairly con- 

 ducted, and this deponent paid the Comptroller, by check, the price 

 agreed upon between deponent and said Miller, which was at the same 

 ratio as others were settling for, for timber taken from State lands 

 at that time. ' 



That deponent knows Van Buren Miller, who resides at Saranac 

 lake, and has for a number of years, and said Miller is a man of good 

 standing, whose word is believed and is regarded as an honest man, 

 and as never having committed larceny or any other offense against 

 the laws of the State, and deponent states, unhesitatingly, that Van 

 Buren Miller would be believed wherever he is known. 



W. W. HABTWELL. 

 Sworn to before me this 9th ) 

 day of March, 1891. ) 



W. H. Chappel, 4 



Notary Public. 



i 



Mr. Anibal. — I offer, in connection with this evidence, the state- 

 ment from the Comptroller's office where he settled for these very 

 logs with Van Buren Miller. 



Chairman Evan. — That was put in before, 



Mr. Anibal. — Yes, the same statement; now Mr. Garmon. 



Samuel F. Gabmon, recalled : 

 By Mr. Anibal : 



Mr. Anibal. — I might state, in this connection, that we telegraphed 

 and sent a special messenger to Van Buren Miller to show these 

 settlements were made while he was in the employ of the Comptroller's 

 office; Van Buren Miller, as we are informed in answer, has been sick 

 abed for three or four weeks; been taken down with paralysis and 

 unable to be about; just so he is getting out of doors now. 



Q. Vou are the warden of the forest commission ? 



A. Yes, sir. 



Q. You were here. last Friday and heard the testimony of Benton 

 Turner ? 



A. Yes. 



Q. Did you hear his statement wherein he said that at some time 

 while at the Foquet House, in the vHlage of Plattsburgh, that he 

 settle a suit that was then pending between the people of the State of 

 New York and himself, Benton Turner, wherein he paid to you, or to 



