527 



I met Mr. Turner to-day and he mentioned the fact that he had 

 testified before the commission and said he had told there, that he 

 paid me for such discontinuance, fifty or sixty dollars, but he was 

 mistaken, that it was seventy -five dollars and he had the check. I 

 told him I thought his memory out of order and asked to see the 

 check. He took me to his house and showed me a check of,which 

 the following is a copy: 



Pobt Henby, Jdhuary 29, 1887. 

 First National Bank of Port Henry, N. T: 



Pay to the order of S. A. Kellogg, seventy-five dollars ($75). 



B.TURNER. 



and said this was the check he paid me for the purpose named. I 

 told him he no doubt gave me the check, but not for the thing he sup- 

 posed. That check he said he gave me at the Foquet House in 

 presence of Garmon at the time the paper was made by me agreeing 

 to discontinue the action. I told him I could convince him at my 

 office how wholly unreliable his memory was. He said I might take 

 the check and write him what my books said and return the check to 

 him as he had to go away. 



I find this entry on my day-book, under date January 29, 1887 (date 

 of check): 



"B. TuBNEB. 



Dr. 



To paid Oantwell balance costs $42 56 



To paid Myers' fees on arbitration v 25 00 



By check this day, seventy-five dollars." 



Just prior to this is entry of charge for services upon the arbitra- 

 tion, twenty dollars, and services in suit Cantwell brought against him 

 of fifteen dollars. 



• I remember distinctly the occasion of his payment to me. of the 

 check; it was in my office at its date, on my request, to be at least 

 refunded; this money I had paid out as above on his account, and he 

 sat down at my table and drew the check to cover those, and said 

 give him credit for the balance, which I did. 



I never had any talk with Turner about this suit which was dis- 

 continued or about its discontinuance, except at the time stated at the 

 Foquet House in the presence of Garmon. 



In the long litigation which we have had with him on account 

 of the forest lands, he has expressed himself as full of hatred 

 of the members of the commission and towards Mr. Garmon, also, 



