Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1882-05-24
The Facts in Reference to the Turnbull
Affair.


The facts in relation TO the transac-
ton about which they arc circulating
reports, arc as follows:
In the fall of 1877, Jas. McElroy
entered into contract with John 5.
Minor, in refeysnce to numbering job.
lie sold the logs he was going to got
out, to Minor, for 81 per m, delivered
here in the Boom Co. limits A list of
the lands which he was going to cut
from, was set forth in the contract, and
among these were lands known as the
Proper homestead, and as the reserved
lands As to the Proper homestead, it
was agreed that Minor should get the
title from the State for Mr.. McElroy,
Proper assigning over his homestead
rights for that purpose. :,
In the spring, after McElroy had
put in his logs and delivered them here
to Mr.. Minor, the State Tespass agent
put in an appearance and told McElroy
and Minor that most of the logs had
been taken from State lands, and re-
presented that he, and competent men
in his employ, had made a careful ex-
animation Of the lands and correctly
estimated the timber, and that McElroy
had taken from State lands about
LOO m. feet; that he was authorized
to settle for this timber, and would set
tie it for $4,000, or 50 per M, and his
expenses for the trip of looking the
lands over, amounting to Sl23.15.-I
McElroy and Minor, supposing that the
agent had given them the correct
quantity, agreed to pay him the price
demanded, the agent throwing off some
thing for timber that Heating had taken
from these same lands. So the amount
to be paid was $2,100, and the S123.15
which was to he paid in cash. The
$2,1O0 was agreed to be paid by Minor
giving his notes for 81 $50 each, due in
three and four months.
A short time after tho notes were
given, it was ascertained that mistake
had been made, and McElroy had the
lands correctly surveyed and estimated,
and it was found that only 440,6O5
feet had been cut. He came to the
law firm, of which | was a member,
and we commenced suit in equity,
setting forth the mistake and the mis-
representations made, and upon the
bill and affidavits of Mr.. Minor and
the surveyor and others, obtained an
injunction against the authorities from
collecting the notes.
To this bill, answer was put in and
evidence taken the whole matter was
fully investigated, and this evidence Is
now on file with the clerk of this coun-
ty; and this evidence conclusively
shows that McElroy, instead Of cutting
about LOO or 1850 m, the amount
that the agent took pay for, that he
only cut from these lands about 44O m
that the timber was coarse sap pine,
t5e stuu1ago Of which was worth pnly
20 or % cents per M; that the logs,
when delivered here in the Boom Co.
limits, were only worth 81; that of
this 440 m. about 80 m. Of it came
from these reserved lands, and that
these lands had been reserved Oh the
Carter road contract; that at the time
McEIroy cut the timber, sufficient
of the road had been completed TO
entitle these lands to be patented, and
that during the summer of 1878 patents
were actually issued. The proofs show
that McElroy and Minor, in settling
for this timber and in giving the notes,
relied entirely on the agents repre-
sensations as to the quantity of timber,
and would not have settled in this way
if they had known the truth. The
proofs also show that $4,000 m. of
this timber was cut from the Proper
homestead, and that McElroy was not
the least to blame in cutting this tim
Der; that when he went into the woods
that fall, he left the Proper homestead
papers with Mr.. Minor, who agreed to
obtain from the State patent there
for; that he supposed Mr.. Minor had
done so, but Mr.. Minor, when he learn
ed that the patent had to issue in
Proper's name, was fearful that Proper
might go back on his assignment, and
was endeavoring to get a patent issued
in some others name, and while thus
situated, the State authorities learning
Of the timber being cut, refused to
patent the land that McElroy knew
nothing of this hitch in getting the
patent until the timber was all cut
The proofs also conclusively show
that the agent, in taking these notes
for $2,100, had received pay for 644,-
395 feet more timber than had ever
existed. Thomas White and Amos
Burton, who examined these lands and
estimated the timber for the State,
swearing that these lands had never
had upon them timber to the amount Of
over 440 M. that their estimate was n
little less than this.
Upon these proofs the case was SUBJ
mitted to j. B. Tuttle. He held the
case for about year, running for re-
election during the time, and as was
interested in the case, and in the mean
time had something to do with dividing
this Circuit, Of course he decided the
case against me.
After this decision, | requested Mr..
Minor to appeal the case and pay the
expenses, offering to attend to it my
self in Supreme Court, without charge,
if 1 did not win. Mr.. Minor, at this
time, claiming that McElroy owned
him 5000 on account, urged him to
do this for the reason that it was the
only way he could get his pay. He
replied that he was going away; that
he would get his pay from McElroy in
some other way that l could appeal
the case if liked that he did not
wish to be bothered with it; that he
would try and make some arrangement
with Maltz for paying the notes before
leaving. Accordingly | caused suit to
be appealed within the time allow