IN COMMITTEE-17th May, 1832, P. M. Present-Mr. McDONALD, Mr. HOGEBOOM, Mr. HAMMOND, Chairman. The memorialists and their counsel, Mr. Viele and Mr. Cheever. William C. Trumpbour, a witness, sworn, and further examined on the part of Jacob Trumpbour, deposes and says: 69 Q. Are the items on the first and second pages of the account of Jacob Trumphour presented to the committee, and marked Exhibit N. and hereunto annexed, so far as they state the persons employed by him in the survey of the canals, and the length of the time by each, correct? A. They are. 70 Q. Are the sums there charged for services reasonable, and are there vouchers for any, and which of them? A. They are in my opinion reasonable. There are vouchers for charges numbers 1, 3, 5, 7, 9, 11, 13, 19, 21, 23, 25, 27, 35. 71 Q. Were Jacob Trumpbour, John W. Sawyer and Benjamin Overbagh, employed the length of time stated in items numbers 20, 36 and 37? A. They were. 72 Q. Were Jonathan D. Dubois, William C. Trumpbour, John W. Wigram and Matthew Jansen, in the service of Jacob Trumpbonr, and were they engaged in the survey as hands, the length of time respectively stated in items numbers 15, 29, 31, 33? A. They were. 73 Q. What length of time did Jacob Trumpbour spend in Albany prosecuting his claim before the Legislature in the sessions of 1831 and 1832? A. In all, seven months. 74 Q. Did Jacob Trumpbour, to your knowledge, in June 1831, make a journey to Schoharie and Onondaga, for the purpose of settling his claim with the Canal Commissioners, William C. Bouck and Jonas Earll, jun. A. He did. EXHIBIT N. In Committe of the Assembly-17th May, 1832. [The memorialist, Jacob Trumpbour, presents the following as a bill of the items of his labor, expenses and disbursements, incurred in the survey of canals belonging to the State.] - Hands employed in 1829. 1 John M. Slater, 1 month, at $12 per month,. 2 1 month board at 50 cents per day, 3 James Dennis 5 days, 4 5 days' board, 5 Nathaniel Mandigo 2 months 12 days, $12 00 15 00 2.50 2.50 33 50 6 2 months' 12 days' board,... 7 John Richardson 2 months,. 82 months' board,.... 9 Elijah Buck 2 months 7 days, 10 2 months' 6 days' board,. ... 11 Jacob E. Tremper 1 month 4 days, 12 1 month 4 days' board, 13 William C. Tremper, 2 months 10 days,.. 14 2 months' 10 days' board,.... 15 William C. Trumpbour, 4 months, including going and returning from Kingston, and making preparations for the survey, &c. $36 00 18 00 37 50 27 50 33 00 14.00 17 00 29.00 35 00 48 00 16 4 months' board, including expenses from Kingston and returning,. . . . . . . 80 00 17 Jonathan D. Dubois 4 months, including going and re I turning from Kingston, &c. ... 48 00 18 4 months' board, including expenses from Kingston and returning, 80 00 10 5 months boat hire, Myron Holley,. 20 5 months in all, Jacob Trumpbour and John W. Sawyer, employed in surveying the canals, including going and returning from Kingston, making preparations for the survey, travelling expenses, board, horse hire and provender, at $5 per day,... 75 00 750 00 Hands employed in 1830. 21 Charles H. Daniels 2 months 10 days, at $12 per month, 28 3 months' board, and expenses from Kingston and returning,.. 57 50 29 William C. Trumpbour 3 months, including going and returning from Kingston to Buffalo,..... 30 3 months board, including expenses from Kingston and returning,... 57 50 31 John W. Wigram 3 months, including going and returning from Kingston to Buffalo, .. 36 00 ... 32 3 months' board, including expenses from Kingston and returning, 57 50 33 Mathew Jansen 3 months, including going and returning from Kingston to Buffalo,. 36 00 34 3 months board, including expenses from Kingston and returning,. 57 50 35 2 months' boat hire, Myron Holley, 37 50 the survey, travelling expenses, board, horse hire and 900 00 37 4 months Benjamin Overbagh, employed in protracting, mapping and preparing the returns of survey, for the examination of the Canal Commissioners, to enable the memorialist to make fair maps and field books, including board and stationary, &c. at $5 per day,... 600 00 Probable expenses in the examination of the survey on the ground with the Canal Commissioners or such agents, as the State may appoint,......... .. 500 00 Probable expenses of making the fair maps and atlas, de scriptions of boundaries and field books, to be filed in the Comptroller's office, including stationary, &c.... 1300 00 The memorialist considers himself entitled to a full remuneration from the State for his expenses and disbursements, by reason of the Canal Commissioners refusing to fulfil their contract with him in relation to the survey of the canals. After the memorialist finished his survey in August, 1830, he informed the Canal Commissioners thereof, to the end that they might examine the same, &c. to enable him to go on and complete his returns, which they refused or neglected to do, and all the memorialist's arrangements for prosecuting the business to a termination being thereby frustrated, he sustained damages consequent therein to the amount of..... The memorialist's time spent in efforts to obtain a settlement of his claim by the Legislature, in 1831 and 1832, in the whole 7 months, at $3 per day, $300 630 The memorialist's expenses for travel and time in calling on the Canal Commissioners in June, 1831, and for 7 months board while at Albany, 200 Disbursements to his counsel upon the investigation of his claims,. Interest upon sums after the time when they should have been respectively paid,..... 500 The memorialist, Jacob Trumphour, has received two sums of $250 each, as appears by his note and receipt given to Henry Seymour, and proved to be now in the possession of Holmes Hutchinson, which he is willing should be deducted from his account due him from the State, on his being indemnified against the said note and receipt. IN COMMITTEE-Monday, 21st May, 1832. Present-Mr. M'DONALD, Mr. HOGEBOOM, Mr. HAMMOND, Ch'n. The memorialists and their counsel, Mr. Viele, and Mr. Cheever, and Mr. Livinston. William C. Trumpbour, a witness sworn or the part of Jacob Trumpbour, further examined on his part. 75 Q. How many miles of the canal had been surveyed by Jacob Trumpbour and his assistants, on both sides, on the 14th October, 1829 ? A. About fifty miles of the canal had at that time been surveyed by him on both sides. The whole of the Cayuga and Seneca canal, and on the Erie from Canton to Lockpit, had at that time been surveyed. Cross-Examined on the part of Mr. Hutchinson. 76 Q. How many miles of the Erie canal had Mr. Trumpbour surveyed when he left for Kingston in 1829. A. About thirty. 77 Q. At what time in 1829 did Mr. Trumpbour leave the survey of the canal for Kingston? A. About the first of October, after having made the surveys aforesaid, he returned, and he commenced again on the nineteenth of October, and left off on the 11th of November at Rochester. 78 Q. What parts of the Erie canal had been surveyed by Mr. Trumpbour on the 1st October, 1829? A. From Canton to Lockpit on both sides. 79 Q. Was the Cayuga and Seneca canal surveyed on both sides throughout its extent? A. It was, so far as the canal was dug, and along the river on one side. 80 Q. How far was the said canal dug? A. I cannot tell. 81 Q. How many miles along the river did you survey ? A. I cannot tell. Taken and sworn in committee the 22d May, 1832. WILLIAM C. TRUMPBOUR. } J. HAMMOND, Chairman. (No. 10.) William C. Tremper's Deposition. Present-The Committee, the Memorialists and their Counsel. William C. Tremper, a witness produced on the part of Jacob Trumpbour, the memorialist, being sworn, deposes as follows: 1Q. Where do you reside, and what is your age? A. I reside at Port-Byron. My age is 24 years. 2 Q. Did you assist Jacob Trumpbour in making the survey of the canals in 1829? A. I did. 3 Q. What time did you begin and where; and how long were you with him? A. I commenced on the 24th of June at Port Byron, and was with him until he quit in the fall. 4 Q. What duty did you perform in making said survey? A. Sometimes chainman and sometimes axeman. 5 Q. Do you recollect that Jacob Trumpbour was taken ill during that summer; and if so, at what time? [A. No. 335.] 8 A. He was taken ill in July I think. I do not recollect the day of the month. 6 Q. Do you recollect how much and what part of said survey he had performed before he was so taken ill ? A. About eight miles I believe; from Centerville to the Seneca river. 7 Q. Did Henry Seymour come to you at any time when you was assisting in making that part of the survey last men:ioned? A. He did. 8 Q. At what place did he so come? A. At the junction at Montezuma. 9 Q. Do you recollect what was done appertaining to the said survey while Mr. Seymour was there present? A. I do. There was a check line taken across the canal from one station to the other. 10 Q Was Jacob Trumpbour at that time present at that place engaged in the said survey? A. He was. 11 Q. Did you hear any conversation between the said TrumpBour and Seymour at that time relative to the surveys of the canal; and if so, what was it? A. I did. All the conversation I heard between them was, Mr. Trumpbour explained to Mr. Seymour the manner he surveyed. He pointed out on the tow-path side a house he had taken in, or part of it, in the line of the canal, and also some buildings on the berm side which came in part within the line of the canal. I heard no conversation other than that relating to the canal survey that I recollect. 12 Q. Did Mr. Seymour make any objections to the manner of the survey, as Mr. Trumpbour explained it to him? A. He did not, that I recollect. 13 Q. Did Mr. Seymour suggest any other method of survey? A. I don't recollect of any. 14 Q. Was you at any time present, while you were so engaged in said survey, when Mr. Holmes Hutchinson came to Mr. Trumpbour on the canal at or near Port-Byron? A. I was. 15 Q Was that before or after the illness of Mr. Trumpbour by you above referred to? A. It was after his illness. 16 Q Was it before or after he recommenced his survey after his illness? A. It was before. 17 Q. Did you at that time hear any conversation between said Trumpbour and Hutchinson relative to the survey of the canals, and if so, where did it take place, and what was it? A. I did hear such a conversation on board the boat of Jacob Trumpbour, the particulars of which I do not recollect, but it was about the survey of the canals. 18 Q. Was the subject of that conversation an explanation on the part of Mr. Trumpbour of his manner of surveying the canals? A. It was. |