528 



for what he termed persecution — in other words, for not permitting 



him to steal stolen timber without insisting upon the penalties; I 



am not surprised he states what he must know is absolutely false 



in this particular. 



S. A. KELLOGG. 



Subscribed and sworn to before me, i 



March 9, 1891. j 



D. J. Cleaby, 



Notary Public. 



Mr. Camebon. — Kellogg' is justice of the Supreme Court now ? 



Mr. Anibal. — Yes. He feels about this the same as any honest 

 man would about to be accused of an offense that he was not guilty 

 of. He is a man who knows pretty near what he is about. 



Q. Now, Mr. Gorman, you heard the testimony of Benton Turner 

 yesterday here, when he spoke about your riding with him, or being 

 in company with him, going from Saranac lake to Loon lake; did you 

 at one time ride with him from Saranac lake to Loon lake ? 



A No; It was from Plattsburgh to Loon lake; went that way, then 

 on to this twenty-fourth township. 



Q. Tell the committee how you came to go and how you went ; 

 whether you and Turner went in company? 



A It is about eight or nine miles south to the southeast quarter of 

 the twenty-fourth township. 



Q. When did you get there ? 



A. First of February, 1887. 



Mr. Adams. — Is that memorandum you have made for the occasion ? 



The Witness. — I have made this for the occasion. 



Mr. Adams. — What date did you say it is ? 



The Witness.— First of February, 1887. 



Q. State how you came to go; that you and Turner went in 

 company ? 



A. Mr. Turner had said at different times, two or three different 

 times, in talking about that, he knew that quarter of that town- 

 ship and was going to hold it, and more than that he was 

 going on there this winter to lumber it, so that I was keeping watch, 

 as I told him all the time he had better keep off, as there certainly 

 would be trouble if he went on there; previous to this time I was 

 informed that he had commenced lumbering on this quarter, and I 

 went for the purpose of ascertaining whether there was any trespass 

 on that quarter or not; when I arrived at Plattsburgh, I met. Mr, 

 Turner, had a loug talk with him; wanted to know where I was going, 



