New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-11-19

% ali over ths ground again il there is corruption
in this matter, We want 10 make that appear we are
here ONLY 10 investigate this matter In general way
Mr. Hnl-Well, Sir, / make the Application Tor an
opportunity produce witnesses TO show the justice Oh
these accounts
without passing upon Mr. Hills application, the Com
mittee took a recess until gig O'Clock.
TIE TESTIMONY OF JUDGE BROOKS.
ALBANY, Nov. lS.-1he Committee reassem-
bled at 3:45 D. m when Judge Brooks appeared ana
asked permission make statement in reference to the
testimony OF one OF the witnesses named Frost who was
reported to testified that Judge Brooks one OF the
appraisers, made award in favor OF two pieces OF
nroperty he owned He said, If that the case he
ought to be in the pententiary instead OF here" lie
asked TO be sworn, and was. Judge Brooks said
Prior to March, 1875 had interest in any property
in NJ This mill was injured; Arnott owned il till July
1856 when he conveyed 10 Mr. Mallory and he sold IL
10 NE in 1871 March % 1879 bought at public auc
tion nnder mortgage foreclosure, bedstead factory
on that property, of which Mr.. Plumb was owner there
was damage and Plumb secured award; Plumb sold
the property 10 Meeker for 900, Meeker giving mort
gace that mortgage was foTeclOsed ana bought the
property about ~ 500 and am holding it for Mecker
To redeem; now want to state positively that never
had any interest in any property at Mport on which an
property in part of ihe State upon which an award
Mr.. SMITH would like to have you explain what
reasons given for the passage OF an act TO hear
been member Of the legislature and do not know how
such things done; know that the Law required that
he u
10 reach the appraisers Office in time though, 1t
understood, they mailed, and that required tho
That there ore cases OF claims twenty old which the
appraisers not yet mad time to reach He said is
a matter of almost universal complaint with claimants
that the appraisers dc not reach and hear their claims
In the Mport cases. owing to the lapse OF time they
had 10 RELY ON the testimony.
Mr. smith-Do you think the system in vogue OF trying
these claims good onei Judge Blooksl think had
tIe power would abolish the Office OF canal appraiser
and substitute regular court
Nc Snith-Do you think in these cases the interests
t,e Stafa wPre DTOtoctPd1 Judge Brooks q,
placed much reliance on the testimony OF Moses Cole
Mr. Smith, searched the book or minutes IN the
Banks case, but could find no testimony by witness OF
that name. Witness said he wac confident there was
such a witness he crossxamined him at length he
knew him well Cole was a Justice OF the peace.
Mr. Smith searched further and found 1t in another
case that OF Rhodes and said the testimony was only
7s lines OF the direct and Of the erossexamina
ton. The witness said:
Then all of the testimony NOT recorded
Mr.. Cole-Then all OF the testimony you take Ia not
written in the minutes WitnessLlt should I be, and
mony that is important
Mr.. Cole-Can you give any reasons why witnesses on
the mart OF the State not called WitnessI can
not tell think there were such Witnesses Senator
Haight had told that he had been looking for such
witnesses but could find none The case against the
Mr.. coie|Did your hear that when the claims were
before the Legislature II stated that the State
not liable that the Committee oreported witness-No
Sir did not hear anything G nf s er e R as Sss
sive, not that the state was not liable Witness asked
permission state that he never had the slightest inter
eat ia any award from or claim against the state.
Levi NJ Perry, being called and sworn, described the
storm which preceded the food on the Chemung Canal,
and detailed the progress Of the flood. He said:
The food came down upon the canal from Ba'com's
broke The canal and set of into Catherine Creek
resstless food if the lock gates had been opened IL
baf The damage was done 10y the creek known as Miles
or Bascom Creek qhat din my damagel in The lrsi IN
eether did the remainder of the damage.
TO d. g. Hill-A number OF State hands came along the
D, naff ha a thar and
took it and knocking of the ceas TO the waste weir.
let the water in the canal rim out the rain was Of such
from all drections the water was so hgh that it moved
barn. ,, ,,,.. ", o.,
Mr.. smith-why did you not present claimi Witness
Il could nor zee any point where claim would suck III
my case the creek certainly did my damage.
g. l.. Smith was called and sworn. He stated:
knew OF the food at the time; went over the ground
and examined the DAMAGES aiterward persons came 70
and spoke about securing damages; they represented
that the damage was due To the statoe action; these
gentlemen talked to me several tunes ana IN Io4o-oo
had finally agreed TO get special act passed anu make
effort for damages they said they were poor that
some OF them had been rined they agreed To allow me
onethird never had anything TO 90 with making ny
the claims; never told any Of them 10 make tneir
claims larger; had nothing TO do with making out
George Frosts claim; he and ! were not on speaking
terms; L presented the claims to the Legislature; the
Miles Creek that wac a little spring run,
foot wide In places never knew OF HOOD III 1T and
could not think that there ever was one In II these
claims were made by thoroughly honest men, and be
lcvc that the State wac entirely liable.
In.
told them 10 make the claims large; that easy
to get largo claim through as small one Witness
That In not 80.
Mr. smith-You had occasion to visit the Legislature
Was there any money nsedl WitneSs-Nct penny 70
my knowledge; Ia the matter began thlnk
a year after the events when came TO an agreement
IL understood that was to charge nothing Tor those
services la Colo; the 81 500 IN Lockcs bill was l0f
services rendered after the award was made and the
case appealed; II was justly due ana properly
charged; had followed the matter for four years.
d. e. Hill said he had learned that a gentleman In his
county who had boon at swords points with him had
threatened this Investigation and had written letter
the subject lie asked IL IL proper TO have that let
ter produced.
Mr. Cole said he had NO objection II Mr.. Seward had
none.
Mr. Smith asked him II he could suggest any way in
which the production Of the letter would have bearing
on THE ease
Mr. d. Hin said he could see none, except that such
a threat should be known and It's bearings exposed
Mr. g. L. Smith stated that he had received the letter
and had spoken of IT, from Mr.. Mcclure, the Speaker
Mr. Bnth asked Mr. Hill If he thought IL proper FOR his
Committee to investigate the motives which prompted
tins inquiry.
Mr. Seward said he thought this wac question which
did not properly belong to the Committee He did not
thnh the Committee investigate quarrels In
tho Democratic or any other party, and he therefore
tho proposition would be taken into conside ration tie
motion prevailed.
THE EMIGRANT ewINDLERs.
George w. LOomis, Augustus Ford, and
Theodore Lewis we're before Judge Reese in the
Jersey City Police Court yesterday and there being no