386 FIFTEENTH ANNUAL REPORT OF THE 



were pending in Herkimer county, and two indictments charging Charles 

 A. Klock and Harvey N. Gaylord, ex-State Game Protectors, with grand 

 larceny, first degree, made by the Grand Jury of Oneida county were await- 

 ing trial in that county. 



These actions and indictments were the results and grew out of unlaw- 

 ful transactions between the game protectors mentioned and the above 

 named defendants in the civil actions and by which these defendants were 

 permitted and encouraged to enter upon State land in Nobleboro Patent 

 and cut and destroy a large quantity of softwood timber growing thereon 

 and for which it was alleged that the Game Protectors Klock and Gaylord, 

 upon their representations that they were authorized by the Department, 

 received and appropriated to their use the sum of $3,750 from James Gal- 

 lagher and the sum of $4,000 from Syphert and Harrig, these sums being 

 alleged to represent the stumpage value of the timber taken. 



Before the removal of the timber the trespass and depredations were 

 discovered, and, upon orders of the Department, lumbering operations 

 were immediately stopped and the parties forbidden to remove the timber 

 cut. An investigation resulted in the commencement of the civil actions 

 above referred to and the procurement of the indictments against Klock 

 and Gaylord. 



The trial upon the indictment against Charles A. Klock was held in 

 June, 1907, before the County Court of Oneida county, Judge Pritchard 

 presiding, and the defendant, Klock, was discharged by the Court at close 

 of the evidence for the reason that there was not sufficient testimony to 

 justify his conviction as matter of law, the money which the indictment 

 charged was the subject of the larceny, being paid the defendant by Gal- 

 lagher, a particeps criminis for the purpose of completing an illegal and 

 unlawful transaction to defraud the State of New York of its property and 

 that Gallagher was chargeable with knowledge of the fact that it was 

 unlawful. 



The opinion of Judge Pritchard is reported in full in 55 Misc. Reports, 

 at page 46. 



On April 1, 1907, James Gallagher, George Vincent, William H. Syphert 

 and Albert Harrig were indicted by the Grand Jury of Herkimer county 

 for grand larceny, first degree, for the wrongful and unlawful obtaining, 



