537 



Q. You were in there four days with him ? 



A. We were in there two days, on the quarter, I think; four days, I 

 think, was the whole time. 



Q. During this whole time it was a game of cheat, as you under- 

 stand it, between you and Mr. Turner ? 



A. Call it a game of cheat, if you like; that is the facts in the case. 



Q. And on coming out, you procured the old gentleman, Turner, to 

 go up there, and went up with him ? 



A Yes. 



Q. And thereupon you began the suit? 



A. Yes, sir; as prompt as I could, too. 



Q. I understood you to say that only about two-fifths of the logs 

 were cut on this tract, and three-fifths came from the other tract ? 



A That is my estimate of it. 



Q. Notwithstanding, you caused the whole to be replevied ? 



A. Yes. , 



Q. Did the State have any claim, or did you suppose the State had 

 any claim on those three-fifths ? 



A. I don't know certain about that question, whether they did or not. 



Q. You didn't know? , 



A. No. 



Q. At that time, you didn't suppose it had any claim ? 



A What makes you say that ? 



Q. I ask you the question, if you didn't know you had no reason to 

 suppose the State had a claim on those three-fifths ? 



A. No, sir; I had reason to suppose the State might own the whole 

 of them; he had done the mixing of the property. 



Q. You don't answer my question; had you any reason to suppose 

 the State had any claim on the lands from which the three-fifths came ? 



A. No. 



Q. What explanation have you to make that, in behalf of the State, 

 you took the whole of this man's property ? 



A. Because the State property wasmixed up with it; couldn't sepa- 

 rate them. 



Q. Did you suppose the State had any right to replevin property in 

 which it had no interest, although it was with other property ? 



A. The Supreme Court action gave me the right of replevin. 



Q. Did you suppose it was right and just on the part of the State 

 to take up property on which it had no claim, although it was mixed 

 with property that you supposed it did have a claim ? 



A. Yes. 



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