The New York herald., 1875-11-12
THE CANAL COMMITTEE.
More "Details About
the F'reshet.
SKILLED TALENT AT ALBANY
-Four Tons of Iron Washed Into
Infinite Space.
ALnANY, Nov. II. ls75. :

The Joint Legislative Canal Investigating Committee
reassembled this morning and called Mr. Locke one Of
the claimants. 70 the stand
He testified that nothing was done the matter for
long while after the reshot; then meeting was held
at which agreed allow lawyers Hill and Smith
one-third OF the amount secured; he understood II
would be necessary to the passage OF special
act by the Legislature before anything could be OBJ
tanned; he had paid the lawyers 81 500 extra, above
and beyond the third but he never could under.
stand for what
The following letter shows this account with Messrs
Hill Smith, and shows where the 81, 500 was put in
the law ONCE OF Smith Hill
EIMRA, N. Y, August 2l, 1873
To JAMES s. LOCKE, Esq -
The following a OF your canal matter in
our hands-Amount OF award and interest ST. AS e5
award less interest," 81 $50 as charges services
since the award consisting OF many items total
$500; balance due you So 100 43 For which please
lind my check to your order full enclosed l hear
you have been saying hard things Here send you
gotten but for Mr.. Hill and myself We have done all
that has been done, and instead Of speaking bitter
words, wholly unustinabe, should have thought Jim
Locke would have been thankful to Trlly yours,
G. /. SMITH
Witness examined in detail as to tho expenses
and losses no suffered from the food and he insisted
that his charges were inside the reality he said he
Jumped many OF the items, but he sure his est-
less than the quantities. he put six tons
of iron spikes &C., that he had to estimate; he had
that quantity the day before the freshet land was
carried away and the iron with IL; it was singular
thing that of those spikes ever found any
where after the freshe there OF spikes
and four of carried away in some manner he
could not say exactly where it was stored Of whom
he bought 1t.
Mr. Smith Twelve of land were carried away.
Where that land?
Witness-That is mistake; that corn; think it
was from four to six inches high.
Mr. SInith-That is pretty hiQh--sx inCheg the
18th of June Do you think 1t worth $50 per acre.
Witness-Yes sir; would not have sold ii for that
Mr. Smlth--Do you mean to say there is net profit
Of $50 per acre?
Wtness-On my land 1t is
Mr. Smitn-Why, at that rate man with 100 acres
could make $s 600 per year. Do you mean TO say that
can be done2
Mr. Smth-Were there any inquiries made, when
before the appraisers to these and prices
Wtness-No, sir, none
Mr. smith-Your statements we're taken facts
Wtncss-Yes sir.
Mr. Smith-Did you ever have freshet before?
Witness-Yes, sir but never much.
Mr. SMITH simply ask you If you had freshet
before and had your land damaged
Witness-Yes sir; but never-
Mr smith-Never mind making comparisons
Wtness-Wel, we have had freshets before this and
had damages the breaking of the Summit dam would
not tho food; 1t caused by cutting the
waste weir, the first lock.
Mr.. Smth-Then you knew this cause, and in all this
twelve years you did not know you had claim for
your damage?
WisucSS-h
not make o claim.
The witness was then examined by Senator Cole as
10 the value of the cork materials land &C. and tho
witness acknowledged that he secured more IN the
award than he paid for the whole property.
sworn: Have known the section OF country alluded
to for fifty years. know all the lands in question:
besides those who presented claims to the State there
were as many more who were damaged by the freshet
who i'd not make any claim; ut the time
the freshet occurred the supposition
that 1t was Independent OF tho canal; the
canal had been built in 1892 but had never
been broken through before the fcshet in question
unusual one, independent or the canal the
bridges generally were washed away at points far re-
moved from the canal from my knowledge OF the
streams and of the country should say the freshet
increased somewhat by reason OF the canal heard
Mr. Locke's testimony; think he got pretty high dam
ages; the water may have run over all his land but
do not think more than three destroyed;
Mr. Locke's claim for fences too high; do not
build very good fences along streams, they
liable to be washed away every year. | know Of the
combination get up collect damages from the State;
went to Emira and saw Mr.. Smith, OF the nrm or
Smith and Hill spoke TO Mr.. Hill about what pro-
posed; said II would do as the rest did he would
what he could do for me in regard TO my damage.
! asked him what were the terms; he said he was TO
have one-third Of whatever was recovered; he said
that Weber going to run for theLegislature, and
that must vote for him. as he was 10 assist
in getting the bill for relief through; said |
could not vote for him. since he republican
and democrat; he said that Weber, Armstrong and
Sh sd Ded that could se large
claim through better than a small and
SO was 10 make .he claim as large as could; know
the Sleeper property and think that 81 900 would have
made him good heard the claims for fences read yes
tcrday, they were all too high; the logs which Bots
than $4 Bosfords mill practically played out be-
fore the freshet; Botsord put in claim 500
damage resulting from the stoppage Of his mill.
but I don't think he was damaged any by the
stoppage; Samuel N Coe told me that he had informed
Mr. smith, at Emira that his damages would amount
TO $50 or 500, and that be got $500 think that
both Coe and Costor got more damages than
their entire property was WORTH knew Howells
property: think his claim Of $500 for docking washed
away much too high; 500 was about the right
figure: Isaac Kellys place cost him $3.50 which was
than ors Was worth Kelly got s9 nsa damages
$500; Klngsbury got $1,000 for damage to bis
house, Moekcr's damages did not exceed $50,
got $3.50 damages; the award to Plumb was ex-
cessiye the allowance of ST. ZOO should have been
moro than $l,7Oo; have heard the amounts allowed
by the appraisers in these cases, $85 900
in all / don't think all the territory covered
by the Claims would sell for that amount also
think that the freshet would have occurred lndepen
dent of the canal; have interest in this matter
and only came here because OF subpoena issued COM
To Senator Coe--l heard the last witness testify;
think MS corn, at the time mentioned by him, was
GEORGE FROST
sworn;-l reside at Milport think the whole prop
ery covered by the claims FOR damages would not
bring much as the total amount awarded heard the
last witness testify we had bad heavy fall OF rain
after two three dams had broken away; a sufficient
volume OF water had gathered TO sweep all
before IL think that independent Of the canal there
sufficient water overnowing 70 the froshet;
had never the streams swollen; had been
damaged but did not think the State liable: Mr.
Smith. or Emira wanted me to go in with the other
claimants, but declined Tor the reasons given; the
Coe properly offered to mo at $500; he allowed
STl7 so damages; l think that Coo got than
double the value OF his entire property; think that
the whole amount allowed by the appraisers 1855 000)
would pay for all the property damaged; Mr. Brooks,
Of the appraisers interested in two OF the largest
pieces Of property on which damages we're allowed
recess was here taken until halfp past three O'Clock
r. M
APTER
on reassembling Nathaniel Deyo was called, sworn
and examined by Mr. Peckham, concerning the Oneida
River Improvement Ho had acted in the matter OF
securing an award TO
AARON p
for damage done by dam at Oak Orchard; he was 70
receive one-haf the award and pay counsel and all
other expenses he employed d. p. Wood as counsel;
witness took charge In that way OF somo fourteen
claims growing OF the matter; II took about
two days tor the hearing before the appraisers;
| was employed because had had some expe-
rience IN getting awards; had claim