The New York herald., 1875-12-01
MORE CANAL FRAUDS.
THE FIXING OF CLAIMS FoR DAMAGES BY THE
HOW THE RURAL MIND WAS EDUCATED IN

CLAIM MAKING-sTRANGE REVELATIONS.
ALBANY, Nov 8O 1874
The Legislative Joint Committee to Investigate canal
frauds met again to-day.
Cornelius Glen Chief Clerk OF the Appraisers ONCE.
was recalled and examined the claims for damages
caused by the construction Of the Oskany feeder He
read the record OF the claims and amounts awarded
In all cases there was large deduction from the
original claim, but interest invariably allowed
Samuel b. Halieck was called and examined to the
alleged damage done to the Dexter MIL by depryng il
OF water by the feeder taking the Erie Canal at
Oriskany. He said that the stream very
large ono and that at the time IL was low, as In
times OF drought the feeder affected the stream; in
times Of food rain did not; witness was one OF
the claimants being part owner OF grst mill on the
steam the business was damaged by diversion OF
the water to the canal his mill hall mile from
the feeder dam; has OF stone larger than
the ordinary country mill; have been able to OPP
erate the mill since the feeder constructed
up to this, but not all the time, though good
share OF tlme this season have run
most OF the time, probably have not lost month out
OF the twelve; don't think have lost six weeks
In year any year since the dam constructed;
we considered the mill worth about SIS 000-what 1t
cost at the tme-and besides the value had added
TO In the way OF business having built that up II
run down when bought h; could not say
how much that ! think all the property
there has decreased in value owing TO the COP
struction OF this dam should think this
mill was deprecated $4,000 don't think IL
now worth over S. 600; have offered TO sell IT for
So 600; awarded damages amounting TO $40 900
for diversion of water, with interest, making II
$40 666 CO. and 81 600 for stoppage OF business
and interest on that making total Of Si3 s37; did
get all this sold the claim 70 various persons;
became the owner Of IL and sold It out TO parties who
haAp nArfno IN Tho mill
Mr. smith-Your estimate IS 1 see, $40 200 and yet
you put in a claim for only SIS 900 How was thats
Wltness-I supposed II was SIS, 600
Mr.. Smith-But how was that9 The estimate amounts
to S29 200
cred that from loss OF water we received damages OF
$40 600; estimated the whole value OF the property
at its worth, s1s,0oo and then added the damage
caused by the detention
Mr. Smith-But you see you have gotit up to $29 900
What We want to know s how vas that do1ef
Wltness-That must have been the work OF the at
torney l never knew anything of that
Mr.. Smith-l Is here stated In the record OF tho
hearing the r value OF this property Is SIS 700 Now
Is NOT that 81, 900 too muchS
Witness-Well, the value really was SIS, 600
Mr. Smith-Then how did this come to be $25, 700f
Witness is not correct; dtd not intend TO put
M, smith-Again you have put In 50, 800 for
month six weeks detention Is that not pretty
Witness-weIl, it Is enough.
Mr.. Cole-But can't You say whether It is too much
too litteY
Mr. smlth-That would be at the rate OF $40, 900
Witness-wen, it is too much
Mr. Cole-Wel how much too muchf
Witness-I don't think So, 900 would be too much
Mr. Smith looked the testimony and found that
witness had been called for the State they we're all
for the claimants
Mr. Cole-What amount OF -four did you make dayp
Witness-No regular amount; we would buy wheat
and make -four of II, and then buy more wheat
Mr. Cole-What would Is average per dayf
Witness-I do not know, sir.
Mr. Cole-What2 Did you not have charge and
can't you tell whether II ten barrels per dayf
Witness-I had charge, but cannot tell
Mr. Cole--What would be the profit Of your millf
Witness-I don't know.
Mr. Cole-How did you get at the estimates OF loss
then'
the estimates upon which we based damages.
Mr. smith-Was the Dexter MIL worth twice as much
as yours previous to the diversion Of the waterH
Witness-I don't know
Mr. Smith-Was It worth $36, ,oooH
witness-I don't consider myself judge Of such
property, and can't form any idea OF its value
Mr. SmIth-How much we're they detainedf
witness-About the same
Mr.. Smith, see they wero allowed $50, $50 for the
diversion from four to six weeks
witness-I think that is too mnch but can't say how
much too much
Mr SMITH see that witness here says the mills
would have right to uso the water.
witness-The idea given ou. tnat the mills could
have none Of the water during the seven months of
navigation except what might drip over the canals We
got that idea from the appraisers
Mr.. Peckham-But you know that Is not the factf
Witness-Yes, sir; We have had the water.
Mr. Smith-But even that idea would not have war
ranted in making estimate Of loss for all that
time
Witness-No, sir; we not deprived OF the water
in that way or TO that extent
Mr smith, lnd Buell. walech also have an al
lowance OF 81 $40 for alleged delay for q month
Witness-Six or eight weeks that year
Mr.. Smh-Well for that time, then, that was pretty
good pay.
Mr. SMITH find Walter B Pierce puts in a claim
for breaking up his tobacco business.
Mr.. Peckham-Is that Walter b. Pierce, the tax
pa%yef' %9Ilos. y.s s,r. oo !, ,Ae man
Mr Smith read the testimony In this case, going to
show that the claimant obliged TO remove his fac
tory his machinery goods and printed labels being de-
etroyed and was thereby damaged to the amount OF
s4 TAT Then amended claim put in making IL
aggregate 81 $50 The appraiser allowed him 81 e33 81
| Mr. smith-what use did he make Of the waterS
! Witness-To run his machinery.
! Mr. Smith-Then he obstructed about the same
time as the othersf
4 Wltness-Yes sir.
Recess until halfpast three ?. NJ
AFTER RECESS
The committee reassembled at four P. NJ
A. j. Williams called and sworn and examined
as to the Dexter MIL He knew the property at the
/ time the dam built and the mill abandoned; II
had passed through the hands or several tenants each
of whom was Obliged 70 give II up, they could make
nothing In NJ; II was not In use at the time the dam
was built; all such property in that locality had for
years been declining value before the dam built
examined the properly with view to see what dam
age was done called witness for the State in
the case and asked what II would cost 10 pat the
property in the condition 1t was prior TO the
diversion Of the water; said 1t could DO done for
/ $1,000
Mr. Smlth-Now, I want to ask you was that prop
erty worth before the dam built $50, 000S That
was the awarded
Witness-I would want a good deal better property
than thai for 5000; do not think it worth that
/
TO Mr.. Cole-I have bought considerable real estate
1 and think know its value.
Henry I. Buell. called and sworn examined as
TO the effect upon the Dexter LomeT factory by the
erection of the dam II had been abandoned for nearly
ten years; he then rented IL; the FIRST after the
dam was built about six weeks lost; advised
by John Seymour to bring claim against the State
and against tho pndord lost eight weeks
and made claim FOR s., Seo we did not know at that
time but that we we're runcd our profits at that time
/ we're Is, 600 or 50, 900 year.
Mr. smith, want to End ont how you got at the
! amount Of damage by estimating the depreciation OF
| The value Of an engns; whose idea was thatS
Witness-I don't know; 1t was not mine.
Mr. SMITH the estimate for lost time Is $50 per
! day was that rghtf
/ Witness-That is too high; SIS or $50 would be
4 enough. | don't know whose figures these are
Mr. Smith-How many days did you run the enginef
WttUoqe Ahout one hundred