558 



That he did sign an affidavit presented to him by Benton Turner, 

 but he did not read it or did not think it of much consequence. 



LEWIS L. SMITH. 

 Subscribed and sworn to before me, \ 

 this 6th day of February, 1883. ) 



John Vance, 



Justice of the Peace. 



I hereby certify that I know the party, L. L. Smith, signing this 



affidavit to be a man of truth and veracity. 



JOHN VANCE, 



Justice of the Peace. 



STATE OF NEW YORK, ) gg . 

 Franklin County. ) 



Amasa Washburn, being duly sworn, says that he is 69 years 

 of age and has resided in the town of Franklin in said county of 

 Franklin for thirty-three years last past. That he resided within 

 about 100 rods of lot No. 221, township 10, Old Military tract and 

 has for about thirty-three years last past; that he has been well 

 acquainted with said lots Nos. 221 and 222, township 10, Old Mili- 

 tary tract, Franklin county, New York, during the last thirty-three 

 years; that about the year 1870, affiant went to Lewis L. Smith, who 

 claimed to be the owner of the aforesaid lots Nos. 221 and 222, and 

 got permission from said Smith to cut hay on both of said lots, and 

 that thereafter deponent and his sons Orville' Washburn and Simeon 

 Washburn cut brush on said lot 221, and cleared up and cut brush on 

 a number of acres on said lot 221, and thereafter cut the hay on said 

 lots 221 and 222 for about ten years and used the same. Deponent 

 further says that during the years 1873 and 1879, and other years, he 

 occupied both of said lots under said Smith and qut and took away 

 hay from the said lots. 



Deponent further says he has heard read the affidavit of Lewis L. 

 Smith, sworn to before Judge Vance, Justice of the Peace, February 

 6, 1885, in which he states and swears that he never occupied said 

 lots 221 and 222, township 10, Old Military tract, Franklin county, 

 New York; that the said Lewis L. Smith never made any improvements 

 on said lots 221 and 222, for the, purpose of cultivation or caused such 

 improvements to be made; that he never sowed any grass seed on said 

 lots 221 and 222, or caused any to be sown for the purpose of occu- 

 pancy or otherwise; that he did not occupy lots 221 and 222, or any 

 part of them on September 23, 1873, or on October 18, 1879, or during 

 the season of 1873 and 1879. Deponent further says that said Lewis 

 L. Smith did make the statement that he occupied said lots 221 and 222 

 and had made improvements on said lots for the purpose of cultivation 



