not want me. The reason he gave was because I did not get men and teams and go to work and stop that break; and Mr. Sherrill had ten men and a team up at the lock, and was trying to stop that break. I went right up with Mr. Northrup, opened the wickets, and went right back to the lock and told Mr. Sherrill "you had better take your men and team and go out there, and probably you can do something to stop that." They fooled around some time before they went down there, and probably 50 or 60 men ready to go to work, and didn't put a man to work or make an effort to do a thing until Sunday

Q. That was after it went out?

A. Yes, sir; it was breaking away all the while. It was running and wearing away all the while until Sunday, ten or eleven o'clock -wearing away.

Q. When did they first put men on to stop it?

A. Sunday afternoon. It was Saturday, about between one and two o'clock, when this occurred, and it was Sunday afternoon before they put on or done anything.

Q. His only excuse for discharging you was that you ought to have gone down and stopped it?

A. Yes, sir; when there was no possible chance of doing anything, and nothing to do anything with, and no control of anything. All the control I had was just to open those paddles. That was all the control I had.

Q. Where was Mr. McFarland when you first heard of this difficulty; when the wall began to start?

A. He was probably at Sandy Hill.
Q. Who sent after him?

A. Matthew Sherrill. But he did not get down here until the thing was pretty well gone. When he got down here, Mr. whatshis-name had the break stopped, so that if he had went to work, he could have held it. Mr. Burling had volunteered to do it, and got men and stopped it, and held it there some time, and he told M McFarland if he would assist him they could hold it. Still Mr. McFarland did not take hold, or do anything.

The Committee took a recess until one o'clock, P. M.

AFTERNOON SESSION.

Daniel C. Jenne, sworn and examined by the Counsel.

Q. What is your occupation?

A. A civil engineer.

Q. Where do you reside?

A. At Albany.

Q. How long have you been in that business?

A. About thirty years.

Q. You are what is called a division engineer?

A. A division engineer; yes, sir.

Q. How far does your jurisdiction extend?

A. It extends over the Eastern Division.

Q. As far as Dorn's?

A. Yes, sir; about 300 miles.

Q. By whom were you appointed?

A. By the Canal Board.

Q. How many assistants have you on the Champlain canal?

A. I cannot tell without reckoning up.

Q. Will you give the names, beginning at Waterford?

A. There is one has charge there, but they are located at Mechanicsville, William H. Printup; he has charge from Cohoes to the river; he has charge of what is called repair section No. 1.

Q. Who from there this way?

A. William B. Cooper is in charge now. His head-quarters are at Sandy Hill. Watkins has charge of section No. 3.

Q. Do you call these assistant engineers?

A. Yes, sir.

Q. Each of these has men to aid him-rodmen, &c.?
A. Yes, sir?

Q. By the statute last winter abolishing the office of Superintendent, upon whom does the duty devolve to see that the canal is properly in repair, and the contract duly executed?

A. I do not understand that there is any law that provides for it. Q. Don't you understand that it is the duty of the Engineer Department?

A. There is no law that provides for it, but the Engineer Department looks after it?

Q. As you understand it, do you get your orders from Dorn direct, or do they come from Goodsell?

A. A portion of them from Dorn and a portion of them from the State Engineer.

Q. What particular directions, authority, or orders come to you from Dorn?

A. Mr. Dorn has charge of all the repairs, keeping the canal in order, and has something to say in regard to construction work. Q. Does the State Engineer have anything to do with the repair contract?

A. My impression is that there is no provision. That is my recollection of it.

Q. Then the State Engineer does not interfere with the repair system?

A. Not as a general thing, except sometimes advising.

Q. The responbility then is all upon the Canal Commissioner? A. Yes, sir; the direct responsibility.

Q. Upon the Canal Commissioner of the division, in charge? A. Yes, sir.

Q. So that if you think any repair contract is not fulfilled, you would simply report to Mr. Dorn?

A. Report to the Commissioner; yes, sir.

Q. How many years have you had charge of this division? A. At the present time I have been since the middle of January, 1862.

Q. Beginning at repair section number one, the Champlain canal, who first had the contract to keep that in repair; when you came in, in 1862, who was the man you found as contractor?

A. I think it was a man by the name of Husted; but I think he was not the original contractor. He bought out somebody, or was acting for somebody else.

Q. Whom was he acting for?

A. I am not positive.

Q. Who succeeded him in that section?

A. My recollection now is that it was Alexander Barclay.

Q. How long did he run it?

A. I think he ran about it a year. He ran it until he was allowed to go out under the law of 1864. their prices, and they were also would abandon the section.

The Canal Board were to increase permitted to give notice that they Some abandoned and some did not.

Q. Who was the first person that took possession of section No. 1 ?

A. Mr. Johnson-Willard Johnson; but not in his name; in the name of Samuel G. Hart. This is the last year of that contract. Q. Hart is from Fulton?

A. Yes, sir.

Q. Do you know Hart personally?

A. I do not.

Q. Did he ever come down to take possession of the work at all? A. Not that I am aware of. I never saw him on the work.

Q. Did you ever hear Johnson say that he bought out Hart's interest in that contract?

A. I don't know that I ever heard Johnson say anything. I know it was reported to me at the Auditor's office that Johnson was the assignee. In making out my accounts or papers, I would find out who was the assignee if the original man assigned the contract. If the original man was not carrying on the work I would find out who the assignee was.

Q. Then you made out the accounts to Johnson as the assignee after that?

A. Yes, sir.

Q. You know Johnson?

A. Yes, sir.

Q. You have seen him frequently?

A. Yes, sir.

Q. Did you ever hear him say he had bought out Hart's contract? A. I do not recollect anything of the kind. I may have heard him, but do not remember.

Q. He is the one at present under that contract?

A. Yes, sir; he has always carried it on since the contract was awarded.

Q. Belden & Dennison never had anything to do with the first section?

A. No, sir.

Q. Take section No. 2; who did you find in charge of that

section?

A. Bangs, I think, had the contract at that time. He resides at Fayetteville, I think. It is Myron H. Bangs, I think.

Q. How long did he keep it?

A. My recollection is that he ran it during the year 1862?

Q. What did he do then?

A. He sold it to Harvey Church, of Sandy Hill.

Q. How long did Church run it?

A. I think he ran it a year on that contract. That is my recollection. I do not wish to answer positively as to those dates.

Q. Did Church run it on his own account; or did somebody stand behind him?

A. Church was here on the work himself.

Q. Then in 1864, who followed Church?

A. The contract expired and was relet, and Church got the contract. It was relet in 1864 or the fall of 1863.

Q. For how long a term?

A. The contract is running now on Church's contract, which expires on the first of next January.

Q. A three or four years' contract?

A. I think a little short of four years

Q. Who bought Church out first on this last contract?

A. I think his name is Scott-the assignee.

Q. Where did he reside?

A. That I do not know.

Q. Did you ever see him?

A. No, sir.

Q. How long did Scott keep it?

A. It was kept in the name of Scott until last fall. Belden and Dennison were the men that run the section.

Q. When did they begin running it?

A. I think in the spring of 1865; but that was in the name of Scott. I never saw Scott to know him.

Q. Do you know who were the bail of Church under that contract?

A. I don't recollect if I did know. I might have known at the time.

Q. When he sold out the contract do you know whether there were any new bail or not?

A. My impression is that they furnished new bail; but I have nothing to do with the contracts, or working them up. That does not come within my department. My impression is that they furnished new bail.