New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-11-20
4 FEW PICTURESQUE FACTS.

OPINION - FXTRAyAGANT DAMAGES IN THE
NORTHERN PART OF THE STATE.
ALBANY, Nov. 19.-The Legislative Joint
Committee on the Canal Frauds reassembled this morn
ing in the Appraisers ii. Boardman Smith APP
pcared to make statement He said that he had acted
as counsel for the state in the Chemung Canal claims
Judge Brooks called on him appear for the State lie
said:
understood then ms now that the Commissioners
have no power employ counsel, but that they can EN-
10 appcar and cross-eXamne witnesses who should APP
pear never was retained to defend the state; had
no time prepare defense; am positive was not
spoken to than day before the examination
Judge BROOKS gave me no papers nor any lnioliaon
IL was not because knew of Commissioner Haght be-
ing along the canal 10 examne he cases were pressed
sharply owing to Judge Brooks being Obliged TO get
away TO attend to other cases the question al interest,"
was never mooted in my hearing, and never knew OF
il being allowed till last week. the appraisers IL view
ing the premises. under restraint; in estimating
the damages as TO the spikes there was considerable
foated away; assume, nnd submit had the right to
assume, that the interests OF the state were being
appraisers; had 10 opportunity 10 prepare tns oase
and was not expected to- never maze Dflel anu VIZ
not eY pectcd to- STILL recOlect made this remark to
edl Witnessed could be found who would reduce these
estimates Of damages Judge Brooks replied the APP
pIaseTs would look after that the Witnesses OF COURSE
were respectable gentlemen
Curtis Miles was sworn and testified that he knew Of
the food lie described the topography of the country,
and also the storm and flood
George Burr boatnan in 1857 the Chemung Canal,
testified:
Twas on the river At Corning the day Of the fresbet
went down the valley four sA days after the freshet
il would not hayO done good 10 open the puudo
g.tes as he canal was full of gravel IL would not have
got any course the water it should not have been
done: 1t would not have let the water on II me gates
were opened account Of the effects OF the Hood when
had washed in gravel &c; told that the water was
running into tie summit level nearly knee deep; the
water Was go high it made a perfect lake there; do
,tnt Fnn ~
away think the water IN the canal had very ite TO DO
there that when we have hard rain We have q food
the hills high and great deal o water - sen dY"n
from them during that storm water came down from
Inc hills in sheets filling the streets of Corning 20 thd
they could be nSvgated with boats in fifteen minutes,
and in half hour it was so great tavern was carried
away.
Rensselaer, Brown testified that he remembered the
freshet aud Mipoo at the time; he described
the storm and s effect; from what he saw he Thought
the damage would have been done II the canal had not
been there all the mili-dams were swept away
Mr. Smith said that in letter written by G. L. Smith.
there was nothing the remotest degree referring to
letter from Mr. Mcguire about Hill.
G. L. Smith said that he was reported saying /" it
was a pleasant Summer shower" where he bad said ut
was plentiful rain :" also tina; he had not said
the waste wcrs, but the canal banks had been cut out
from the outside. as he was informed.
MIR Smith counsel for the Committee stated that so
far as the Chenung Canal concerned The case was
closed 1t is Understood, however, that MI Hi viii be
given an opportunity to produce testimony.
The matter Of the Oneida Lake Improvement was then
taken up. Various witnesses were examined as to the
value of Frcnchs Island, which damaged 1t will be
remembered by food, and for which damages OF $4,000
were allowed by the Appraisers "a compensation.
H. Hart testified that he he'd kept hotel on Frenchs
Island which little spot visited two months in every
wear by tourists, and deriving lis whole value from that
fact The whole property is not worth more than $4,000
now The damage consisted Of The washing away an
acre OF ground worth not more than $1,000
EA CLARK testified that he would not want to give
50 800 for that whole property and bad not thought that
il really could be damaged to any appreclable extent
David voorhees, was sworn and examined as 10 the
value OF Petts lands alongside the Seneca River He
did not think they very valuable they were low
and swampy take the land at any time, and he would
not want to give more than $50 per acre for il.
Rufus b. Pe,tit sworn aud o1alnined as to tic
Joseph Pettitt farm. lie said;
paid FOR it - per cTeit swamp land never was
cultivated owing 90 the water on ~ never was worm
h h%ys BEEN BEEN daaacd by the worn. referred to- think
they valuable now ~ ever; shutting on ono hd
OF tie river would ond tojc the lana above the dams
Elisha Hckock exapncd az to this property and
confirmed the statements Of the last witness as 10 its
value.
Andrew W Wagner was examined as TO the same
point and thought the land worth 900 $50 IN acre,
aud that the land had been damaged a little by these
State works, that is in certain when Che water
was kept on longer. Tie allowance or 500 an acre rs
damage was about twice the value Of the land.
The Committee then took . recess til $50 y. IN.
On rcas.embiing. VIM. II. Carter examined with
/ REGARD to Frenchs f,land. lie did not thah 1t was
damaged quarter Of The allowance. In p years he
thought the island had washed away about 20 feet
samuel Kent was examined concerning the raising of
the banks of the Oswego Canal, and tho damage to
CooDcy' e salt bloch. Witness said:
Cooncy's block not az valuable as those on blfh
crouds don't know what IL cost CoOney to raise his
| block.
being used on CoOney's block as filling NitnesS-NO,
Sir: il was moi done: there was no Filing OF that
sInoInt II he did pu any. don't think he put In 20
wards: II this block situated alOngIde the canal
water would run into the block but positively Cocney
| did not MI In his block.
The testimony OF l.. T.. Chapman Augustus Avery ana
| JeIrnlah r. Barnes WAS also taken on this point