"Sixth.—In that, on the 28th day of April, 1875, the auditor purchased from H. D. Denison five canal commissioners' certificates, of the aggregate amount of $49,610, at a discount of seven per cent. per annum, but for what time he discounted them we have not been able to ascertain, further than that it was in excess of the time between the purchase and payment. On the twentieth day of May thereafter the auditor audited said certificates and drew his warrant for the payment thereof in favor of George A. Stone, assignee, at $50,542.06, and the amount gained went to the personal advantage of the auditor. As to evidence of this transaction, see testimony of George A. Stone, page 2229; Francis S. Thayer, page 2476.
"Seventh.—In that, on the 29th day of April, 1875, the auditor purchased from H. D. Denison six canal commissioners' certificates, of the aggregate amount of $30,687, at a discount of seven per cent. per annum, but for what length of time he discounted them we have not been able to ascertain, further than that it was greater than the time between the purchase and payment; that on the twentieth day of May thereafter the auditor audited these certificates and drew his warrant therefor in favor of George A. Stone at $31,153.03. That the personal gain from this transaction went to the personal advantage of Francis S. Thayer, see his testimony, page 2595.
"Eighth.—That the auditor drew his warrant in payment for a canal commissioners' certificate, in favor of John D. Hamilton, for $38,000, on the 28th day of June, 1875, in violation of law in this: that he paid it without the sworn certificate of an engineer, as required by statute.
"Ninth.—In this, that the auditor, in June, 1875, purchased a canal commissioners' certificate, subject to his own audit, from James P. Buck, for $6496.28, at a discount of ten per cent. For the evidence of specification, see testimony of James P. Buck, page 2216.
"The auditor claims he made this purchase for his brother-in-law, E. J. McKie.
"Tenth.-In this, that on the 2d day of July, 1875, the auditor purchased canal commissioners' certificates, subject to his own audit, to the amount of $49,953.91, at a discount of eight per cent. and accrued interest, in favor of the purchaser. For evidence of this purchase, see testimony of Willard Johnson, page 2386; testimony of F. S. Thayer, page 2514.
"Eleventh.—In that, in addition to those above enumerated, the auditor purchased, between the 9th day of March and the 14th day of July, 1875, canal commissioners' drafts and certificates, subject to his own audit, to the amount of $64,959.81, all of which he afterward audited and drew his warrants in payment thereof. As to the evidence of these several transactions, see testimony of George A. Stone, page 2241; that the auditor derived a direct personal advantage from these transactions, see testimony of Francis S. Thayer, page 2595.
"John Bigelow,
"A. E. Orr,
"John D. Van Buren, Jr.,
"D. Magone, Jr.,
"Commissioners."