630 



A. The writ of replevin I think was issued by Judge Tappen of the 

 Supreme Court; the writ of replevin was against the whole drive; 

 the whole amount of logs laying there was not from this quarter; 

 perhaps three-fifths was from the Old Military tract, township 27, 

 drawn on there and mixed in with those logs; got the writ of 

 replevin and about the eighth, I guess the eighth or ninth day of 

 April, I struck the sheriff at Malone, Franklin county, gave him the 

 papers and he said somebody had got to go with him to identify the 

 property and I told him I would go and did go with him ; we went 

 up there and he replevied the drive, all the logs; that was about, 

 I guess, the seventeenth or eighteenth of the month; came out 

 from there and went to Plattsburgh and notified Mr. Turner; he had 

 replevied the logs and Mr. Turner in a couple of days got bondsmen 

 there, $10,000 bonds; his father signed it and somebody else; that 

 released the logs to him; from that she passed into this suit. 



Q. And that is the suit that is now pending ? 



A. Same suit. 



Q. Pending before Judge Hand ? 



A. Judge Hand as referee. 



Q. In that suit who tried it for the forest commission ? 



A. Judge Kellogg represented, Judge Palmer was the attorney of 

 record and Mr. Hessberg, of Albany, was counsel in the caBe. 



Q. At that time and on that trip did you ever go with Mr. Benton 

 Turner from Plattsburgh along between Saranac lake and Loon lake 

 at any other time but this one ? 



A. I think not; I don't remember being with him any other time. 



Q. At this time, on this occasion, was there any talk or suggestion 

 made by you to him, or him to you, about valuing the southeast quar- 

 ter of Township 24 at $15,000, and that it would cost $11,000 to pay 

 up the taxes and expenses in the cancellation of the title, and that 

 you and he would divide the difference between $11,000 and $15,000 

 between you two? 



A. No, sir; there wasn't. 



Q. Was there anything like that said or anything in substance ? 



A. No, sir. 



Q. At that time or any other time ? 



A. No, sir; the suit has been pressed from that time right along 

 without let or hindrance. * 



Q. Were you ever at his house subsequent to that time within two 

 months or a short time after that, more than four times when the sub- 

 ject of this deal, wherein the southeast quarter of 24th township of 



