Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1883-02-21


we go into an examination of the ties
timony at that time. / stated to hin
that l preferred that we should 90 be
fore the commissioner (Neasmith) and
examine the whole matter there. He
said then that Minor would pay
81 10000 and that he would not pay
any more. That that was more than
the timber really amounted to. That
if he could not settle it for that he
would go on with the appeal.
81 said we would go down before the
commissioner, take the papers there
and whatever the commissioner might
determine upon with consultation with
myself, that we would accept that in
payment of the notes. When we
went down there he and l, / think
was the one who stated it. | said
Mr.. Turnbull is here to settle the
matter of the Minor notes, that Mr.
Minor has gone abroad. Wants to
settle these old matters up. Wants
to get them off his hands, and he offers
81, 10000 in settlement, but / prefer
that we should come down here before
you and talk this matter over, and
go into the testimony in your presence.
"And then requested Mr.. Turnbull
to read over the testimony. And then
and there for the first time the testi-
mony as to the amount of timber that
was taken was read. 1t was read for
the purpose of showing that we aught
not to demand from Mr.. Minor the
whole amount of the notes, but that
we should be willing to take the
81 10000. Mr.. Turnbull claiming
that the trespass did not amount even
to that.
"The commissioner of the land of
fee asked me what | thought about it.
| said to him if this testimony is true
and cannot be contradicted, then it is
all we could get if Mr.. Minor should
60 on with this matter; if he should
press the appeal, perhaps we could
not recover any more than that, and
| advised him that we take that
Now both Mr.. Van Ripper and de-
PENDANT Neasmith testify that they
did rely upon these representations
and that they would not have made the
settlement and no doubt they now
think so, but it seems to me from their
own words at the time that they made
the transfer, because they were satisfied
they were getting all they were entitled
to, or would get if the appeal was
finally heard.
Nor do I think it controlling cir
the representation was that
it was Minor instead of McElroy that
was offering $4,000.
Minor could not pay anything upon
The notes without the consent of Nc
Elroy. The defendant, Neasmith, had
been expressly enjoined by the wish
Of this court from accepting anything
from Minor upon the notes.
He must have known that. They
both knew that Turnbull was Neil
roy's solicitor, and when Turnbull Of
Fered Gas they say he did $4,000
10 settle the matter for Minor, they
knew it was in effect an offer from
They knew from the bill
hat the notes were given by Minor
for and on behalf of McElroy, and as
\ payment by Minor of his debt to
That Minor must pay the
whole of the 100000 to someone
either the State or McElroy-that
what the State did not get McElroy
would be entitled to. They knew that
Minor was not interested a cent in the
result of the McElroy suit. That he
was not party to that suit, and that
no settlement that they should make
with Minor wouldprotect them against
They understood they
we're settling with McElroy through
MS solicitor, Turnbull. So far have
this matter solely upon the
testimony Of the officers themselves,
Is to the conversations between them
md Mr.. Turnbull.
That gentleman's account of this
as given in his testimony,
liffer from the foregoing in this, that
he said all the time eve will give
q, 10000 and no MORE" instead of
Minor" would give the same. 1t
would be difficult to determine which
5 the correct account at this time,
rom the testimony. I make no effort
o do SO. I form my opinion from the
ccount given by Mr.. Van Ripper him
elf.
1t is quite worthy of consideration,
owever, upon these points, that the
Try sworn to try the special issues of
act submitted to them were unable
D find that Turnbull made such rep
esentations, or that the State officers
elied upon them.
Second.-As to the suppression of
ne facts of the deposit HAVING been |