Documents of the Assembly of the State of New York Volume 58, Nos. 3-4 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1835 edition. Excerpt: ...the litigation, unless the petitioners have an equitable claim to relief. The five suits selected for trial, were brought against the petitioners, Kelly, Carver, Crosby, and Joseph and Nathaniel Crane. Each suit was several times noticed for trial; three of them were finally decided in favor of the claimant, and the Slate has paid the stipulated sum for a release of his title. It was deemed important that the defendants should be present at the trials, and for the purpose of insuring their attendance, and providing an indemnity for their time and expenses, each of the defendants was subpoenaed as a witness in some one of the suits. The fees of a witness in the circuit court of the United States, are 91.25 per day for attendance, and the like sum for every thirty miles travel in going to, and returning from court.--At this rate the petitioners were paid. In the course of the trials, it was satisfactorily ascertained that some of the. defendants were subpoenaed as witnesses, and paid fees by the claimant, and in such cases nothing was paid them on the part of the State. With this exception, it is believed that each of the defendants has been paid by the State for all his attendance and travel, at the rate of $1.25 per day. This, however, is a point on which the Attorney-General cannot, at this late day, speak with entire confidence. What has been said concerning the pay of the defendants, relates to the trials which took place in 1829 and 1830. But it is understood that a similar course was pursued when the suits were in charge of the late Attorney-General; and it appears from vouchers in the Comptroller's office, that four of the petitioners were paid witness fees by the State, in 1827, as follows: --Joseph Cole, $26.25, James Carver, .