FOREST, FISH AND GAME COMMISSIONER. 387 



appropriating and stealing of the softwood timber cut and destroyed by 

 said parties upon the State land in Nobleboro Patent. 



Trials upon the indictments against James Gallagher and Syphert and 

 Harrig were thereafter had before the County Court of Herkimer county, 

 all of said defendants being acquitted by the verdict of the juries. 



Further investigation of the official conduct of Protectors Klock and 

 Gaylord, brought to light a course of transactions criminal in their nature 

 upon their part, whereby they, had defrauded the State of a considerable 

 sum of money received by them in settlement of cases for violations of 

 the statute. These matters were presented to the Grand Jury of Herkimer 

 county and indictments charging Klock and Gaylord with grand larceny 

 were presented. The trial of these indictments resulted in the conviction 

 of both Klock and Gaylord, who were sentenced to State prison for a term 

 of not less than one and a half or more than three years. Klock is at present 

 serving his sentence and Gaylord took an appeal from the judgment of 

 conviction, securing an arrest of the judgment by a certificate of reasonable 

 doubt. The appeal is still pending in the hands of the District Attorney 

 of Herkimer county and no argument thereon has, at this date, been 

 had. 



The civil actions against James Gallagher and against Syphert and 

 Harrig were vigorously prosecuted by this Department and moved for 

 trial. The defendants desiring to secure settlement of the actions, the 

 full facts and history of the cases were stated in open court to Mr. Justice 

 De Angelis and upon the Court's direction, settlement of the actions was 

 made for the sum of $10,000. 



Beaver River Reservoir Litigation 



In the case of People v. Mary L. Fisher, et. al. (116 App. Div. 677; 

 190 N. Y. 468), the Department secured an important decision as to the 

 character of the State's ownership of lands, located within the Forest 



