The New York herald., 1875-11-19
Mr.. smth-what has become Of them

Judge Brooks-They have not been heard yet; they
are the same flood. -
mung Canal feeder claims and he said an act enabling
parties lille their claims as they had not Oeen hied
In under the previous law, was passed lot near
Nr smith-I would ike 10 have you explain what
given for the passage OF an act 10 near
claims fifteen years old
Judge BrooEs-I have never been member or the
Legislature and do not know how such things are done
| know that the law requires that the claims
should be put in at certain date; they failed
10 reach the appraisers Office in time though II
understood they were mailed, and that necessitaies
the passage OF new law witness further explained
that there OF claims twenty years old which
the appraisers have not yet had time TO reach he sad
Il matter OF almost universal complaint of claim
ants that the appraisers do not reach and hear their
claims; IN the Mllport cases, owing to the lapse OF
time, we had 10 rely on the testimony.
Mr.. Smith-Do you think the system in vogue of try
ing these claims good oney
Judge Brooks-l think II | had the power would
abolsh the Office OF canal appraiser aud substitute
regular court
Nr Smith-Do you think in these cases the interests
OF the State were proectedY
Judge Brooks-l do sir. placed most reliance on
the testimony Of Moses Cole.
Mr. smith, searched the book of minutes in the
Banks case, but could find no testimony by witness
Of that name.
Witness sald he was confident thersawas such wit
ness for he cross examined him at length; he knew
JUSTICE or THE PEACE
Mr.. Smith searched further and found it in another
case, that OF Rhodes, and said the testimony was
only and half lines OF the direct and Of
the cross examination.
The witness seid-Then all Of the testimony was not
recorded
Mr. Cole-Then all or the testimony you take is not
written in the minutes?
Wtness-lt should be and probably is fled. We
always take down all Of the testimony that is import
ant
Mr.. Cole-Can you give any reasons why witnesses
on the part OF the state not calledg
WItness-I cannot tell think there were such wit
looking for such witnesses but could nnd none The
case against the State was plain
Mr.. Coe-Did you hear that when these claims
before the Legislature stated that the State
not liable; that the committee reportedY
Witness-No, sir did not hear anything of the kind
These appealed the ground that the claim
asked permission to state that he never had the
slightest interest in any award from or CLAIM against
the State.
MR. PRRRY's TESTIMONY.
Levi M Perry, called and sworn-In 1857
lived at Lock A. on the Chemung Canal carried on a
dry dock and boat yard there 1t was about half a
mile to Lock AZ which was 40 the summit. Witness
described the storm which preceded tho flood and de-
tailed the progress Of the food IL came down upon the
canal from Bascom's Creek, flooded the canal and
further down broke the canal and set of into Cathe
rine Creek a resistless Hood; If the lock gates had
been opened it would not have made any difference;
that would not have prevented the water
from the creek breaking breaking IN into , the canal canal
rne Creek overlowed the canal above lock No
44 the level at the summit Witness then described
the course of the water in Catherine Creek showing
that il broke through the canal witness sand that his
convection that the damage done by the creek
known Miner BaScom Crcek-that did dam
age)n the first instance. and then the Catherine Creek
and Miles Creek together did the remainder OF the
damage
d. B. Hill had permission to cross examine the wit
ness, who said he did not know whether the summit
level was damaged or not; number OF State hands
came along the towpath one had erowbar, and
let the water in the canal run out
To Mr.. Smth-The ram was OF such great volume
that 1t rushed down and along the earth from all drec
tions; the so high that 1t moved barn we
were about to remove, and which was rollers; when
the hearing had Up there did not hear of any
looking for witnesses Tor the State.
Mr. Smith--You suffered damage?
Witness-Yes, SIR.
Mr Smith-Why did you rot present a claimp
Wtness-I could not see any point where claim
would stick in my case the creek certainly did my
damage; as to the dams for which damages were
claimed | think they would have been washed away by
the food in the creek and without regard the canal
TESTIMONY OF G. L.
G. L. Smith called and sworn, and stated that he
knew OF the flood at the time he went the ground
and examined the damages; afterward parties to
him and spoke to him about securing damages; they
represented 10 him that the shower was merely "A
pleasant summer shower; that the canal officials had
passed along the canal, cutting away the waste weirs
to let the water into the creeks that subse-
qucntly the official, who had neglected his duty,
discharged; that the wasfe ~etFA were all cut away
from the outside these gentlemen talked several
times and in 1S65-06 | had nnay agreed to get
special act passed and make effort Tor damages they
said they were poor, that some Of them had been
up their claims and swore to them never had any
thing to do with making up the claims;
never t0lu any OF lhem 10 make tnelr
claims larger; had nothing do with making out
George Frost's clam; he and were not speaking
terms; presented the claims to the legislature the
bill was passed. the appraisers heard the claims; Mr.
Hill appeared before the appraisers and some OF the
claims appealed by Commissioner Wright who
said he wanted to examine into the facts He further
stated the proceedings stated by other witnesses.
AS Miles, Creek he said that was little spring
rum not foot wide in places; he never knew Of
a flood in IL and could not think that there
in it, did he think IL possible for the water
raise alongside the summit level SO high as to wash into
the canal He said be had nothing further TO say than
that these claims were made by thoroughly honest
and he believed that the State entirely liable.
ID. b. Hill said he had matter personal TO himself
which he wanted 10 call the attention OF the committee
to; he had learned that certain gentleman IN his
county who had been at swords point with him, had
threatened this investigation against him (Hill) and
he had also learned that the gentleman referred to had
written letter the subject He therefore asked If
duced
Mr.. Cole said he had no objection If Mr. Seward had
none.
Mr. Smith asked him II he could suggest any way in
which the production Of the letter would have bear
ing on this case
Mr.. ID. b. Hill said he could except that such
a threat should be known ana its bearings exposed.
Mr. G. l.. Smith stated that he had received the let.
ter, and had spoken of IL, from Mr.. Mcguire, the
Speaker
Mr. smith asked Mr.. Hill if he thought it proper for
this committee to investigate the motives which
prompted this inquiry
Mr.. Seward said he thought this was a question
which did not properly belong to the committee. He
did not think the committee here to investigate
quarrels in the democratic any other party. He
therefore moved adjournment with the understand
that the proposition would be taken into considera-
tion. The motion prevailed.
THE HISTORY OF TAMMANY.