526 



or sixty dollars, he or Garmon, because he said there wasn't a word 

 of truth in; he got a telegram to come tb Malone. 



Mr. Adams. — I object to the reporter taking this in as any part of 

 the proceedings. '• 



Chairman Ryan. — Put the statement in evidence* it is getting late. 



Mr. Anibal. — (Reading.) — 



STATE OF NEW YORK, V oo . 



r SS> ■ 



County or Clinton. > 



S. A. Kellogg, being first sworn, says: I reside at Plattsburgh, in 

 said county, and was for some years and until elected in November 

 iast Justice of the Supreme Court, a partner in the late firm of 

 Palmer, Weed & Kellogg. Judge Peter S. Palmer of that firm was from 

 December, 1885, until his death in August, 1890, attorney for the 

 forest commission. It was my duty to examine into all cases brought 

 in the name of the people, at the instance of that commission, where 

 judge was the attorney of record, and also my duty to try the causes. 



I am informed that one, Benton Turner, recently stated before the 

 Assembly investigating committee that he had paid to me or to Mr. 

 Garmon, in my presence, fifty or sixty dollars to secure the discon- 

 tinuance of a suit for timber cut on lots 213 and 214, township 9, 

 O. M. T., Franklin county. Mr. Turner is mistaken; the story 

 is altogether false. Not only was no money paid by him, but none was 

 talked of or suggested. The discontinuance had been determined upon 

 by Judge Palmer and myself af terthe trial in March, 1887, of the People 

 vs. Turner and the recovery of judgment of $1,250 for penalties for 

 taking timber on lot 219. After full examination of the witnesses 

 and the title to those lots, we concluded there was no possible chance 

 to recover in that action and the suit which was originally brought 

 by John B. Riley, as attorney, on the information furnished by Van 

 Buren, Miller, we found had been brought without proper investiga- 

 tion. We were anxious to avoid payment of costs and directed Mr. 

 Garmon to propose a discontinuance to Turner without cost to 

 either party. This he did and on the 12th of April, 1887, 1 met both 

 Turner and Garmon at the Foquet House, in Plattsburgh, and the 

 agreement was at once arrived at and, fearing Turner might on seeing 

 his counsel insist on costs, I at once drew a stipulation in pencil on a 

 piece of paper and had both Turner and Garmon sign it. This 

 memorandum in its original consideration is hereto attached. On 

 the day following Judge Palmer presented it to the attorney of Mr. 

 Turner and the formal stipulation also hereto attached was signed by 

 the attorneys of record. 



