580 



Gannon to sign it, and then went off to get the attorneys to put it in , 

 ink. Turner says on that occasion he paid the costs of the suit; very 

 likely. Now they bring the affidavit of Judge Kellogg, they are going 

 to annihilate Turner with the weight of the official character of 

 Judge Kellogg, the lawyer who has been against Turner, and he 

 hadn't been judge long enough to forget the bias of the lawyer who 

 hates the fellow on- the other side. Kellogg, in his affidavit, 

 says it was settled exactly as Turner says it was, and Gannon 

 says the only thing he makes issue on is the payment of the 

 sixty dollars costs. Turner insisted to him he had paid the cost and 

 give the check. Suppose these "two men differed in their recollection 

 as to whether he did pay fifty or sixty dollars, and then to annihilate 

 and crush Turner, Garmon and the counsel got it on that Sunday; I 

 don't know what they said or did to Judge Kellogg, but he goes off in a 

 terrible tirade on poor Turner, the worst man that ever was. If Turner 

 was so disposed he could sue Judge Kellogg for libel, and maintain it 

 and indict him for libel on that. There is another thing about it, it is 

 an ex parte affidavit without the sanction of an oath, and if Judge 

 Kellogg has told anything willfully false could not be punished for it. 

 I think that Judge Kellogg, when he put the tail piece to the affidavit, 

 ex parte affidavit or statement, I think he was very much beside him- 

 self, and he did himself, a greater injustice, by far, then he did or 

 could do Mr. Turner. 



Another thing, Turner must be broken down and so they bring 

 from the forest commission office a letter from the Comptroller's 

 office, in which is an extract or copy of a letter from this Van Buren 

 Miller. That is a gross libel and a terrible tirade. That hasn't 

 the sanction of an oath either, it is merely his statement ; mere 

 . street talk. "Who is this Van Buren Miller? Turner says he settled 

 some things up there and he forgot to return some of the money to 

 the Comptroller's office. My friends were greatly exercised about it; 

 and they got a whole lot of checks and papers and other things, and 

 were going to explain it; perhaps they have made an apparent 

 explanation, and it appears in evidence and isn't disputed that this 

 man Miller settled with several others and took their money, and 

 we brought three or four receipts and some checks and we find that 

 Turner paid him $150 for settling on lots 134 and 176, and we find 

 that Wales Parsons settled twice with him, fifty dollars for $1,200 

 worth of logs and twenty-five or fifty dollars for $300 worth of logs; 

 then he settled with Tobey & Boyce for $125; then he settled with 

 Grimes & O'Neil for fifty dollars and with Albert Stiekney for fifty 

 dollars, and then we produced a receipt on page 590 for fifty-nine 



