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MAO.»umY, lumber dealer and man\ifacturer, of the Town of Winnipeg;, County of .Selkirk, in th Province of Manitoba, Dominion of Canada, make oath pud say I recollect the evening of July tlie third ul*. J. C. Burbank, of St. Paul, Minnesota, U.S., was with me in our saw mill ; we saw ii per.ton in a whiti^ coat and utraw iiat coining towards the mill, and as Mr. Burbank was going towards the office, he met him, I saw him hand Mr. Burbank a letter, then Mr. Burbank and this man, whom I learnt next day was (,'apt. Hoy, walked towards town. As it was near our tea time I followed shortly after with lay buggy ; met Mr. Burbank on the. treet and he drove with me home to tea. Mr. Burbank is my partner in the lumber business here, ami was stopping with me at the time. 1 don't know that Mr. Burbank saw Hoy after ; did not know anything about the arrest of Gordon until the next day, when Mr Burbank and 1 were driving home to dinner. Met Dr. Bown near Dr. Shultze's. He came up to our liuggy 'ind commenced talking; I could not get at what he meant and asked him. He (Bown) said : You know all about it. I said I do not. He laughed and walked awny, and we drove on. Mr. Burbank then told me of the arrest of Gordon, and said I think that is what ho, (Bown.) was trying to drive at; aUo told me that Capt. Hoy hsd broujjht him a letter fiom Mr. Roberts of New York, staung Hoy's business. Mr. Burbank tlien told me, he said to Hoy wliile walking from the mill to town: Now you are in another country anank got on board. On mv way up I told Mr. Burbank what the Attorney Oeneral had said about his official seal Ac, being on all the documents and letters written to p.arties here. Mr. Bur- bank then said : He (Clark) must be an ass or something to that oiror-t to not know the difference between an official seal and a hotel keepers name. He (Mr. Burbank) then show- ed me the letter that was written him. It appears that all the letters sent were written at the Nicolet house, Minneapolis, on letter 'paper belonging to the Hotel: and lately the house has changed prop..etors and across the letter headini; \n large rod letters is the name of A. G. Burbank & Co., who is no relative of .7. C. Burbank and is not personally known by him. The warrant was made out against, O. A. Burbank, but nevertheless they would have arrested .T. C. Burbank had he not got away, and wou d have given him a great deal of trouble. J. C. Burbank got out of a sick bed to come here and was sick wlien he arrived, and has been ill for the last nine months; and h.ad ho been arrested and used as the other prisoners we^e at first, and have no doubt he would have been used as badly. I think he could not have lived through it. While in the Attorney Ooneral's office on the night of the 4th, he said he wished to make mean offer and wanted it to be in strict confidence. He commenced by saying: — Macauley, you know I am a p )or man, I want money and if your friends will guarantee me, say $25,00(1 1 will resign my position as Attoriify Oeneral and agree to have (fordoii in New York within twenty days, and then said (Jordon is the damndest scoundrel in Amerio^a. I have been in communication with ttie head oflieer of Scotland Yard and have kept a policeman on the lookout for Gordon all winter and exjiocted an otticer from .Scotland Yard to arrest him. 1 told him I would communicate liis offers to my frii-mls, wliich I diil. On the 5th I tried to get counsvl for my friends, but found tliey were all engaged for the prosecution, excepting Mr. Ma kenzio. I called and asked him if he would take the defence. He at first hesitated and said he would not decide, as ho would have to see the Attorney General. The next time ho mot me said, I have made up my mind to tak.' the C!ise, Imtnvjst be paid well, as I will have to dis-olv partnership witli the .Vitornoy (Jenor.il. I then said: — How much do you w:int to attend to the suit and dofonil tlio prisoners? He then said; — I must have five lauidred dollars, a;id I .'greed to give it and lie tcrok the case. I forgot to say that during my conversation with Clark tlio niglit of the 4th I mean the night he returned from the .Scratching River, lie said: 'I'lie prisoners will he bailed out as I under.-tand, (meaning Fletcher and Mcrriaiu) but you luu.-t not iippcar in it. I will arrange the l>ail. A few day< iif'ter tlie ('x:iinination hiid comiuciic >cl 1 called at Mr. M( - \ \ Kenzie's offlp.o, and he iiskod me: Who will hail Messrs. Fletcher and Meriiam? I siid I will for one. He then said : Yoii would he ref'usoil as your property is o insidered perishable, but 1 c n arrange so that you will bo accepted, and will tell you in what way, and went on to say r you, no doubt, know that the Attorney Uene"al and his wife do not live happy together, and he, the (Attorney (ienoral,) wants to sell out all his property, and has placed it in my hands to sell. The Atiornoy General h.xs not told mo to make the offer, but if you accept I cin make arrangements with him. lie then said : The Attorney General owns 160 village lots across the Assiniboine. I'he property purchased from James Lemay, and we propose selling it to you for sixteen thousand dollars ($16,(XX)j, and then if you are ottered as bail fihey mn't relust you, as Clark will not oppose it. He then said: The bail can be forfeited. I told him I could not see it in the same light; that in case the bail might be forfeited, it might cost me $32,()(M», less the ca.«h value ol' the land, if it was forced to sale, which, in my opinion, would not bring three thousand dollars. I did not want any property that would not bring tlie lull amount paid at any time 1 would be obliged to sell. He then proposed they would lind a man of straw who would take the property and become bail. I ihen said: If this is arranged, aro you sure the Attorney (ienoral can arrange so that b ilwill bo taken? He then said 1 have no authority from the Attorney General to say so, although I know he will do it and if 1 succeed 1 want you to pay mo tifteen hundretl dollars more for arranging this. 1 then said: You had better see the .Attorney (ioneral, and if he agrees, I will talk to Brackett and Wilson about it, as they are the men that will have to make the purchase. The next time I saw him, he said he had it all arranged with the Attorney General, and that he, (the Attor- ney General,) proposed putting in another small piece of land wi^h the Lemay property. 1 think he calleil it the Bruce property, and then said: 1 am making a good sale for Clark and he ought to be well pleased, and 1 have not one cent interest myself in it, but I must bo paid the lifteen hundred dollars in gold. I then said : Supposing Clark does not succeed in getting bail, I suppose it will bo considered no sale. He said certainly. But added, I think thei'e is not the least danger, as Clark will arrange it, and the Judge v.ill not oppose it. I went home and told Brackett all that had passed. He (Brackett) said the damned scoundrel, I ought to go down and tell him his services aro no longer required and expose «he whole thing. I^then said to Brackett: You better not do that yet, you h d better go and see him, as I told him you would, and see if he holds out the .same inducements to you to buy. I saw Bracketi aftei' his interview with Mclvenzie, and he (Brackett) told me that Mc. Kenzio had made him tlio same oll'or, but came down in price $1,OUO, making the price asked for said property $1.5,000. 1 was well aware that no oilers would be entertamed for their lands anv more than to draw them on, but was anxious for Brackett to know what they pro- posetl. Nothing further was mentioned about the lands. I fancy they began to think it would be no go; however, a lew daj-s alter iJr. McKenzie called me into his office, and said: Here Cornish has been i)aid five thousimd dollars by Gordon to prosecute, and he (McKenzie) had worked hard for the last two weeks, and if he continued the case he would insist on having two thousand dollius more, and wanted me to see about it. I asked him if he wanted mo lo mention it to Brackett. He said : Ye.s, tell him I must have two thousand dollars more. I mentioned it to JirackeU, and he said: Not another dollar. I learnt some few days after that McKenzie had stated in court he had never made a ilemand for two thousand dollars, and the man that told it was a slanderer and a liar. I called on McKenzie next day, and asked him if he denied making a demand on me for two thousand dollars in case he continued the case. He said he had not made the demand the W!iy it was stated in the Minneapolis paper. I told him I did not know anything about the statement in the paper, as I did not see it He then reail it. I told him the only difference there was is this : The paper stated you refused to go on with the case unless you were paid two thousand dollars more; and your statement to me was that you must have the amount if you continued the case, which he acknowledged to bo correct. With respect to Messrs. Fletchornnd Merriam . —During lastwinter they made a contract mm^ ei -^/L )c; rP ^^^ \ ^:.\ A I' * ""^"'-^ "^^ ^ ^ to d-lve.' me a certain quantity of log.. That said lo^s wero to bn .Llivcio.! ,u tli.. Itailiofid ??>, H r n ^^ f'l'nu^ino r>r Uo>l I,.l,„Ui „., »!.., 1 ill. -!• i ■ . . . V-' CL y ', Q. CroHs.ng of Rpd l.ako River on tl.p I4tl. of June. I received a tule^-riim from Mr. Vl ctolier saying : '• Meet me at Grand Fork on tl.o 23rd ; loa;-* all in." I think I miU, liim on tho I'.lth or 2«th. Whil.•^ there, we received a ti'lrgmm from .J. C. llurbank. .stating he coMld'not leave on the night lio had previously staled in a telegram to Air. Kletchor, as li„ was then sick in l.pd, but .said ho would leave on second or tliird evening after, if .iblo, I then indu- ced Mr. Fletcher and Mr. Merriam to come on to Fort (Jarry and awiiit the arrival of , I 0. Burl)ank, iis I expected him to assist me througli with the arrangements I made for said logs with Messrs. Flotcl.or and Morriam, and others who had interest in said logs. Mr. Fletcher vise, they would hive been off before Capt. Hoy arrived h.^rc, and vvouhl have ese:iped thedilticulty they hiive been put to. W. .1. M.'VrAUmY. to 5 % ^^: i Sworn before me, one of the Prov. .Justices of Peace for the Pioviuce of Manitoba, this second day of August, in the year of our Lord one thou:*and eight hundred and seventy-three. JOHN H. O'DONNKF.L, J. P. r:. -}V