613 



and I have the check. He took the check home with 

 him, and compares it with his books and finds in looking up the 

 stipulation of discontinuance is dated the 12th of April, 1887, and 

 the check is dated on the 29th of January, 1887, two months and a 

 half before the stipulation of discontinuing the action and nearly 

 two months before the suit was on the calendar at the Franklin 

 circuit, and there was put over, as Warden Gannon tells you, because 

 this man Turner had spirited the witnesses away on the part of the 

 people to Canada and they couldn't try it. Does he deny any of 

 these statements here? Not one. It was so convincing to the 

 counsel that he did not attempt to put this model man from 

 Clinton county upon the stand again. The counsel becomes quite 

 facetious in his remarks when speaking of the forester, Mr. Par- 

 ker's, testimony, when he says Mr. Turner found out over two 

 years ago that the commission was useless 'and worthless, and he 

 could have them discharged or set the Legislature upon them, 

 and he says you are just finding it out now. This Benton 

 Turner found they were useless to him for his purposes, and as 

 Mr. Kellogg says in his affidavit, which the counsel says is a little too 

 strong for a judge to make, that Mr. Turner has expressed himself 

 not only with heat and warmth, but in strong terms and showed a 

 great feeling or hatred toward Warden Garmon, and the forest com- 

 mission, because they could not let him steal timber from State lands ■ 

 He found out this commission was useless for his purposes. He found 

 out he could not carry on the practice he had been carrying on when 

 the forests of this State were in other hands, and then was the time when 

 he commenced his abuse against them, when he had to stop trespassing 

 on State lands, and he vented his spite and his spleen by simply report- 

 ing his neighbors, and Mr. Garmon (received his reports and acted 

 upon them. I submit to you that not one trespass' that has been 

 spoken of here but we have answered it, or it has been overlooked 

 by the counsel. We have showed to you that immediately after the 

 trespasses had been reported to this office; that they took immediate 

 steps to have them investigated by their wardens and their investiga- 

 tors, and have the truth in regard to them ascertained. How was it 

 he reported a trespass against Hartwell on the first day of January 

 last, and inside of five days a forester was sent over, Mr. Parker, and 

 he reports back that there is not a word of truth in half of it, and in 

 the other there was some little, trespass. That was some two and a 

 half or three years ago. 

 Chairman Etan. — You have exceeded your half hour. 



