524 



A. Against the same parties and when I went on the ground to sub- 

 poena the witnesses I found the main witnesses, all the important 

 witnesses, in both suits had gone to Canada, and I looked over the 

 situation and decided to try and get evidence enough to try the 

 suit on 219, 221 and 222; and it was in the same complaint, question 

 of title to break a cancellation; we claimed he had it by fraud, and 

 made up our mind to drop this suit on 213 and 214, and let it go over 

 the term and we did succeed in that way; tried the suit on 219, the 

 court threw us out on the question of fraud on 221 and 222; we tried 

 the ease on 219 and beat him, and some time after that I was at Pitts- 

 burgh and met Smith M. Weed and he spoke to me about the suit with 

 Turner on 213 and 214, and said then he owned those lots and had 

 owned them all the time;, the State's title had been canceled out 

 before they came in our hands and I came back to Albany and stated 

 to the forest commission, and they said they couldn't carry on suits 

 for trespass on private lands and went to the Comptroller's office and 

 they said that was so, the title had been canceled. 



Q. The Comptroller's office passed over the State lands to the forest 

 commission ? 



A. Yes; consequently we were left for a bill of costs as it looked on 

 the face of it; the forest commission said, " get out the best way you 

 could," that was why I wanted to discontinue that suit with Mr. Turner; 

 in the meantime, previous to this and at this time, I understood his 

 uncle, Martin M. V. Turner, was the man who cut the timber on 213 

 and 214, so I assumed to believe that I knew there wasn't a word of 

 truth in it, and said to Turner, "Let us talk about one thing at a time," 

 and just at "this time while we were doing this talking, Mr. Kellogg 

 came in the hotel there; I says, "Here is the suit on 213 and 214 that 

 Mart, cut the timber, as you say, and I am inclined to think that is so; 

 I will make you a proposition to discontinue that suit without costs to 

 either party, and when I commence I will commence agakiBt Martin 

 Turner and you shall agree to stand by and help us;" he said he 

 would do that and Mr. Kellogg wrote the stipulation discontinuing 

 the suit and I signed and Mr. Turner signed it and Mr. Kellogg took 

 the stipulation with him as he left; Mr. Palmer, the attorney of 

 recordi — 



Q. [Presenting.] Is that the stipulation written by Judge Kellogg 

 at the time of which you speak? 



A. Yes. 



Q. It is written in pencil ? 



A. Yes, sir. 



Q. It is signed by — 



