The Pittsburgh gazette. (Pittsburgh, Pa.) 1866-1877, April 21, 1868, Image 5

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    I
lave had a great ma interviews interviews—as often
is several times a day he would either
some to my house or I would go down to
its office. We talked about it when riding
nit together to the country, and in Mr.
zinney's office,:and on the streets,:over and
wer again. I cannot give you word for
vord any particular conversation except
.hat at the origin of it—this first time down
• here at Mr. Finney's office, he said what I
lave already told you—to protect my inter
. ,st as in the same 'boat that he was in.
, Q. What is that?
A. That he would protect my interest and
:qr. Finney's interest, and that we must
-lace implicit confidence in him—that he
not w all about it, and his interests were
3nr interests, and we were to pay him $3,000
`.'or doing this business.
Q. That was the first interview?
A. Yes, sir.
LQ. He assured you that they were in the
ame boat ? ' - • -
; A. Yew sir.
Q. That your interests were their interest?
A. Yes, sir:
Q Will you please find thatArst contract,
(handing witness papers.)
A. They are all dated on the same day—
hese six of Mr. Schalk's.
Q. Six thousand barrels?
A. Yes, sir.
Q. Were these the ones he made or those . ,
you substituted?
• A. He made three, then substituted three
for them, and then afterwards he made
Them in this shape and here they are, six of
them, (handing them to District Attorney.),
These contracts were made as between Mr.
• ,Sehalk as , the buyer and Messrs. Tack
Brothers as the sellers.
Mr. Cassidy; They will speak for them
sely es.
i Mr. Mann offers contract in evidence.
Q. These contracts are made as between
\fr. Schalk as buyer and Tack Brothers as,
;yellers, and are transferred? •
-Mr: Cassidy. Never mind—they will
speak for themselves.
Q. These contracts were made with
whom ? -
Mr. Cassidy. They speak for themselves.
Mr. Mann read the contracts one dated
Pittsburgh, June 12th, 1867, for one thous
and barrels.
This is a printed form, you will observe,
!end on the margin is printed "Tack Both
'?rs & Company, &e. On the back the
transfer.
Q. The Tack Brothers& Co. on the margin
pf these are the defendants
A. Yes, sir.
Q. On account of the Fairview Company—
was there such a ccmpany?
A. Yes, sir—Mr. Schalk—that is Mr.
'ichalk's refinery; and Mr. Schalk's accep
tance is on the face of it. •
Mr. Cassidy . . It is a refinery
Mr. Mann. I had not come to that.
[Mr. Mann read th., contract.]
Q. This is Emil Schalk, the defendant?
A. Yes, sir.
• Mr. O'Brien. Suppose you give one of
;hese to the Court. •
, . Judge Brewster. I don't profess to un
lerstand these oil contracts.
Mr. Mann. I presume there is English in
',.hc , se, and I want to get it out; my friends
don't want - it.
Sir. Cassidy. Yon will get it out in the
way pointed out bylaw.
•
• [Nis. Mann read the entire contract.]
Mr. Mann. The next is of the same char
. .3.cter, •
Another is June 12th, the same parties, the
same way, 1,000 barrels.
Mr. Bogert: Don't it state when that oil is
deliverable on any of these contracts?
•. Mr. Mann. This iIEI
Sept
vember, an
, Dther is the month of Sptember, another
•Is the month of October, and one in Decem-
Q.-These were the transactions of June
'l2th?
A. These were transactions with Mr.
AI Q. What was the next transaction?
•:, I A. the next in point of fact was the sale
to Wightman dr. Anderson, but in point of
hate" it appears subsequent. In point of
fact, the next `was the contract made by
~., . .Tack Bros. to Wightman it Anderson.
Q. When was that?
A. The sale is arranged the same day,
and it may be drawn up that day or the
succeeding day.
, ; Q. What is the date?
A. 15th of -Tune for 500 barrels, at 26M
tnents.
; Q. Deliverable when? -
A. Cash on delivery; delivery to be made
Alit buyer's option, during the present year.
Q. What is buyer's option?
,1 A. It means that the buyer has the option
}af calling for it at any time during that
;year—that is from June 15th. At any time
IWightman & Anderson would give me Elf
, 'teen days notice they could call for it.
I Q. What is the next one?
A. The next one is the same date—June
sth, Wightman it Anderson buyers,Jarnes
P'Connor sellers: twentv-six cents, deliver-
Able buyer's option, during the present
gyear, 1867, Richard T. Leech, broker.
Q. Who made this contract for you?
A. Mr. Tack.
Q. What is the next?
. -
A. The next is a contract that was made
•y wire—that is, by telegraph. It was
' ef
iected by Augustus Tack, through the or
-
der
er of Theodore. It is dated. Philadelphia,
June 14, 1867, for 500 barrels.
Q. Who were the parties?
.
:, i
.- A. Simmens & Gueldermeister were the
: buyers, James O'Connor of Pittsburgh,
• through Tack Brothers the sellers.
' Q. What is the price?
: A. The price twenty-three cents, buyer's
„,
, 'option, during the month of August, signed
Rose,
Ambuhi (ft Co., brokers.
. Q. What is next.
• A: Philadelphia, June 14, 1807, two con
tracts for 1,000 barrels divided into 500
.. each, for account of Simmons tt Guilder
meister of New York. * Twenty-four cents,
~I deliverable buyers' option during the'
A month of September; Rose, Ambiihl & Co.,
brokers. The next is on the 15th of June,
.1807, J. , C. Kirkpatrick buyer; deliverable
••
October, 1867, at, buyer's option, they giv
ing I the seller ten days notice; Price,
twenty-four cents; made by Tack Brothers
I for Me.
, Q. What is the next?
4 Al l June 15, 1867, James O'Connor eel.
-4 1 ` lers J. C. Kirkpatrick buybrs, 500 barrels,
twe ty-four cents, deliverable during the
month of July at buyer's option, giving ten
days notice; sold for me by Tack Brothers.
r , The next is the same date, 15th; James
O'Connor seller, J. C. Kirkpatrick.buyer,
. 500 barrels, twenty-four cents, deliverable
August, 1867; buyer's option, ten days no
t tice. Also, by Tack Brothers. 'Next,
Juno 15th; 500 barrels, deliverable month
of September, buyer's option, with J. C.
LKirkpatrick as bu_yers; price twenty-four
cents; made by Tack Brothers for me., Next, June 18, 1867, - twenty-three and a
half cents, deliverable during, the month
of September at the city of Philadelphia,
buyer's option, 1,000 barrels, National Re
finery and Storing - Company; by Tack
Brothers,' brokers. Next, June 18, 1867;
It 1,000 barrels, National Refinery and Stor
i ing Company, twenty-three cents, deliver
able during the month of August, buyer's
option; Tack Brothers dc Co. The next:
Bunker Brothers, 250 barrels, June 19th,
deliterable during the month of July, a
1867,
with ten days notice, at twenty-four and
half to the Philadelphia. firm. Tack
Brothers; Bunker Brothers dc Co. the ac
ceptors. The next is a duplicate of that
one, the same date.
Mr. Cassidy Just read that top.
A. "Brewer, Burke & Co."
Mr. Cassidy. The contract shows it was
made with Brewer, Burke & Co.?
Mr. Mann. I asked who the buyers were?
A. Bunker Brothers. •
Mr. Cassidy. The paper will show it,
Mr. Mann. I supple* .it is part of a lot
which was broken up and sold in l' •
Mr. Hagan. There is no doubt ots..
of that,
but you can't contradict Ole :paper , by the
.„
Mr. Mann ; I• supß . the - extract - - was
made for 1,000 and whereycame
to PO ft ey split up,iit this
Watt •
J worm. 4113401 omit
tradic vary-thelaNal.beml a y e n o blinit•-•
tracQ. Who were the purchasers of that t?
Mr. Cassidy. Wait a moment. The paper
will speak for itself.
Mr. Mann. The other side has alleged
that it is a mistake. [To witness:] Is
there any mistake in that paper?
A. Not in regard to Bunker Brothers be
ing the buyers.
Q. Is there any mistake about any other
portion?
A. There is one or the other, or both-
Mr.
Hagart. Never mind..
Mr. Mann. We offer to prove that he
made a contract with Mr. Tack and these'
four papers were the subdivisions of a con
tract, and what he :said and what-they said.,
Mr: Cassidy objects.
Judge Brewster' The question is, what
Tack said about these particular contracts.
Q. What was said about these contracts?
A. I went to Tack's office by appoint
ment. Mr. Finney was to be there. He got
there before I did a few minutes, and when
I went in Mr. }limey told me what they had
done while I was walking down, and asked
my approval. Mr. Tack said he could sell
1,500 barrels of oil, deliverable 250 in July,
250 in August, 250 in September,2so in
October, 250 in November and 25 in De
cember, at a specified price. I agreed
to' it,. He didn't tell me who they
were—it was part of his contract that he
was to get good buyers. He told me Brew.
er, Burke 4Sr. Co. had sold 1,500 in the same
way-, ,, short." Several days elapsed, and
in the interim Theodore Tack came to
Philadelphia, and when finally it came to
be put into paper it eventuated in Bunker
Brothers becoming the buyers.
Mr. Cassiday. That is all they said?.
A. Mr. Frank Tack went with me in per
son to Brewer, Burke & Co.'s office, and I
accepted these identical contracts. • There
are au of them.
Mr. Mann. These are all dated June 19th.
A. They were not accepted on that day.
Across the fat 43 is written ,Accepted—Bun
ker & Bros." Across the bottom is written
**Bunker Bros. & Co., Brokers. 250 barrels
each, deliverable one lot in September, one
lot in October, one lot in August, one lot in
November, one lot in July, one lot in De
-cember."
What was the next operation?
A. The next was June 25; James C. Kirk
patrick, buyers.
Mr. Mann. These are, dated June 25th,
1867. Signed. by Tack Brothers
Brokers. Accepted—j. C. Kirkpatrick &
James Lyons. James O'Cennor is the sell
er, and the buyers Kirkpatrick & Lyons.
—three contracts of 500 barrels each.
Q. When was it you made the first con
tract?
A. June 12th.
Q. Tho last one?
A. July 2d; 1867. •
[Last one read in evidence.]
4. This is 1000 barrels at 27 ?
A. Yes, sir.
Q. What was the amount of these alto-
Aber?
A. 16,000 barrels. •
Q. Did these Tack Bros. negotiate the
whole of these for you?
Yes, sir'. •
Q. What Was the amount you were to pay
them as commission?
Mr. Cassidy—When you say Bros."
please tell us who you mean?
Q. At this time you bad intercourse with
Theodore and Augustus Tack—you have
"said nothing yet about Frank ?
Mr. Hazert—But he .will now that you
call his attention to it.
Q. How much were you to pay them?
• A. It was to be lm per cent.
Q. What would that have amounted to
on these sales?
A. About 8.3,000.
Q. That contract dated July 2d, was it
made then or before? .
A. That contract was dated July 2d; it
Was not closed until about July 7th or Bth;
it was made in Philadelphia by "wire," and
Mr. Frank Tack was the party who advised
me in Pittsburgh in regard to it.
Q. What occurred in the month of June?
Did Theodore remain in Pittsburgh or leave
there?
A. Well, the latter part ofJune Mr. Theo
dore Tack told me it was necessary to come
to Philadelphia; that he was coming on
here to do what -is called settle—in the oil
business they call it, at the <.close of the
month; "settling" time for that particular
month; and he stated that one of his rea-
Bens for coming on was that he had busi
ness in-Philadelphia; that he wanted to be
present here With his brother Augustus at
settling time. The second reason was that
be was coming on to Philadelphia to give
his own personal attention, hi addition to
his brothers', to this whole matter of his
own contracts and my contracts and all the
contracts he was interested in. He told me
this, that he purposed bringing with him
no t ooo of United States bonds, which he
firm)
said h in e h the ad t Exchange henlodged
Nati jbelo ona n l. Bank g at tO his
Pittsburgh. His object in bringing that
,r 20,000 in United States bonds with hun
was that, if necessary, when he got
herein going still further "short" of oil
Sometimes they require a margin of ap dol
lar a barrel, or whatever the special agree
ment may be—he required it for that pur
pose, as well as to protect his own interests
and the interests of myself lind all his cus
tomers, and that he would fully report $43
and advise me precisely how every thing
worked in Philadelphia and, let me know
about it. He started and cluile to Phila
delphia for that express purpose—now
I didn't see him get into the cars to come
here.
Q. But you missed him from Pittsburgh?
A. Yes - , sir; and I received letters from
him.
Q. He told yon he was going, and you
saw no more of him?
A. Yes, sir. ( -
Q. Did be write to you?
A. Yes, sir.
Q. How soon?
3d A. Well, I think the letter is dated July
.
[Witness produces letter.]
It is postmarked July 3d.
Q. When did you get it?
A. Thelieve I got this letter on the morn
in of July . sth.
Q. Will you read it?
A. It is dated July 3d, and posted July
3d, and I believe I got on the sth.
Q. The 4th was a holiday ?
A. Yes, sir • -
Q. And what occurred on the morning of
the sth ?
A. Well, the morning of the sth I was
going down Fifth street, and I met Mr.
Tacks clerk, Mr. Guthrie. I asked him— r —
Mr:Cassidy. Never mind that.
Q. What was he doing?. •
Objected to and withthswn.
Q. In conseqttenoe of what that clerk told
you did you see Frank Tack?
A. Yes, sir.
Q. What did you tell him ?
A. I told him what Mr. Guthrie had told
me.
Q. What was it? •
A. Well, Imet him on'the street.
Mr. Cassidy. Met who? Frank A l Tack?
A. No, I met Mr. Guthrie.
Mr. Cassidy. You told this to Mr. Tack,
what Mr. Guthrie said?
A. Yes, sir.
Q. What was it? ,
A. I told film I had met Mr. Guthrie' on
Fifth street, and I had asked him how oil
was, and he ha very me
by telling me it d
had jumped much
to thirty cents.
He was very much excited about it-.the
market was very much excited-and I,
asked hint if he was joking? He said no,
it was really so. I asked hint what..as the
cause of it. He'told me I bad better go. See
Mr. Frank Tack. He told*me he was then
in a great tinny; he was huntingaround for
certain parties to call upon them for the de
liveries of their oil, and he wanted to know,
where he would find Mr. Finney, whit 'was .
a seller of oil on his own individual account,
as well asa, partner of mine in theae trans
actions. • I went , immediately • to Frank
Tack's office and saw hint. • •
Q. What account did he give=what did
A. HI a exact taagoacei to the beat of my
kibtaleditWalkt_belitifiwas thatlktr.43uthrfo
was a poloracomaithingalttiletnore volgar
e '•
"~` _ '
p 1 - 7 17 .
PITTSVITItOrn -O,42I 4 IIIY:4ITi c SDAY lalt-W _
_ •
than that; that r must. nbtbelleve - every
thing I was•told; and that he did not believe
it to be true; that oil had somewhat ad
vanced, but not that much; that they had
no such advices, but he would Immediately
telegraph - to Philadelphia to see what was
the cause of it—to see what was the matter.
Theodore was thereat that time, and so was
Auirustus. He told me, not - to feel unease
about it—not to feel worried; that what oil
brokers said was as a rule not very reliable,
and that I must not believe everything I
heard. He told me to go home and keep
cool and quiet, and he would let me know
as soon as he received his dispatches. That
was about the conversation.
Q. When did you next see him?
A. Well, either that day or The next, day
he came up to my house in person. I was
in my bath-room.
A. [Mr. Cassidy.) Who did?
A. Mr. Frank Tack. I opened the bath
room door and Frank Tack was there, and
he poked at me a telegram, and as I was
wet and undressed and every thing of that
kind, I told him to tell me what he had to
say. He told me that that day, as far as I
recollect, the fuss that- had occurred -at
Philadelphia, owing to the seizure of a
very large quantity of refined petroleum
here; that General Cummings, the collec
tor of the district, had made a i raid• upon
the refined netroleum of the city. .-
Mr. Cassid,y. This is what he told von?
A. Well, I .can't tell his exact worts; it
is an- impossibility for me to recite every
man's exact words, for the last nine or ten
months.
•
id Q.
? That General_ Cummings had made a
ra
A. Well, I don't know that he made use
of the words, but he stated that the excite
ment was owing to the fact that - General
Cummings, the collector of this port, had
seized very large quantities or immensq
quantities of refined oil, and that that had
produced great excitement in the trade.
And I asked him what was the cause of it,
and he said he did not know; but that Gus.
Tack, his brother, would go to Washing
tim, and see U. S. Commissioner Rollins,
and have the thing rectified, anti that he
would go after General Cumminft, and get
him removed from his office; it was that
serious a matter. I then went and told my
partner, Mr. Finney all about it, what he
had told me. (
Q. What was the next advice you had?
A. I think the next advice after that was
that Mr. Frank Tack told me that Gus. bad
'been to Washington city, and got the mat
ter straightened out there.
Mr. Cassidy. .This conversation with Mr.
Tack you speak of was on the sth of July*?
A. No. I don't know that it was on the
sth of July.
Q. I understood you to say so.
A. Oh, the conversation about Mr. Guth
rie was on the sth of 3uly, and this; - I, think,
was the next day.
Jude Brewster. That would be the 6th.
A. The 6th; that is my impression;
* there
has been so much said about this thing that
I can't possibly state exactly
Mr. Cassidy. It is marvellous you re
member so much.
A. I will try to give you all I know.
[Letter of July 3, 1867, to Mr. O'Connor,
read to the jury.]
you
Q, Yousaid got that letter on the sth of July,
• A. To the best of. my recollection, I gat
that on the Morning o•' the sth.
, Q. Whai did you do then, after you got
that letter _ ?
A. Well, oil did not go clown.
Q. Did you remain in Pittsburgh?
A. Yes sir.
Q. Did Theodore return ?
A. He returned a few days subsequent to
that?
_ 'Q. Did you see him ?
A. Yes, sir. In the first place he came
home on Saturday or Sunday: the first•
person I saw after that was Prank Tack:
he met me at the door going into church,
and showed .me a letter
_that he had got
from the firm. I think it was in Gus's hand- -
giving.me a message. It read thus:
"Tell O'Connor that his contracts—"
Mr. Cassidy. Where is the letter?
A. It was his own letter. Ho has it.
Q. 'Whose (letter?
A. Gus. Tack's letter to. Tack Bros.' &
Co.; Pittsburgh; And he read me the let
ter, and gave me the letter, and I showed it
to Mr. Finney and after that I retuined it to
him, •
Mr. es.ctsady: What was the date of this
interview?
A. Probably along the Bth or 9th or 10th
of July, It was subsequent to the sth.
Q. What did he state
A. The letter stated: "Tell O'Connor his
contracts are all right; that he will make
money; after the delivery of. all they were
bound to deliver, they would have a sur
plus of several thousand • barrels of oil
which they could loan to their friends. I
don't say these were' the exact words, but
that is the substance of the letter. And he
then stated that same, day that Theodore had
gat home, but was very tired and would
not see me on Sunday unless I insisted
upon it. Frank brought me this letter and
showed me it—it was from the Philadelphia
house—giving me the latest news. • He then
stated about Theodore's arrival and that he
was very tired and that it being Sunday,
that he preferred not seeing me unless I
insisted upon it; that he was tired and had
been hard at work in Philadelphia, and
would meet me next morning at Mr. Fin
nev's office.
Q. [By Mr. Cassidy.] That is the conver
sation wtth Mr. Frank?
A. As far as I had conversation with
Frank Tack.
Q. [Mr. Mann.] _ Yon did see Theodore
the next day? •
A. I saw him by appointment the next
day at Mr. Finney's office.
Adjourned.
WEDNESDAY
COBIONWEALTET vs. TACT c BROS,
MORNI,,NG SESSION. ' .
Commonwealth;s case resumed.
JAMES O'CormEn, a witness, was recalled
by the prosecution and examined by Dis
trict Attorney Me.xx.
Question. You stated yesterday that you
saw Theo. Tack at his office; that was in
July. was it not?
Answer, That was on Monday, July 9,
after his return from the city of Philadel
phia; Mr. Frank Tack hadlarranged Gut
the preeeeding Sunday that- Theodore
would-meet - meat Mr. -Finney's office on
Mondtky
.a morning, July 9, and he did so.
1t did you say to him?
A. Well, he told me that this tenitorarS*
advance in oil was caused by a o'corner," a
combination, which had -"called" about'
70,000 barrels of oft simultaneously; and
that a man by.the name of Legan, Wm. P.
Lovas, had heedinstrument of doing
it; that the price of oil would soon dneline;
it was merely temporary; that his interests
were then, on that day, just the same as
they had been, my interests. They ',were
largely short of oil yet; for me to feel easy
about it, because all the oil that could be
"called" from him as my agent was during
the month ofJuly, and would• not amount
to but very little money ; and that this lit
tle temporary thing would pass away and
that I would be all right. Ho also told me
that Mr. Crucy's circulars, stating that
there- were a very large number of ves
sels - loading for Europe; an immense de
mand, and every thing of that kind, had
also added to the stimulation of the market.
He went on and discussed this whole matter
fully. for an hour and a half or two hours
. • • -
there. - - -
Q. That was July flfht, ' ' •
A.:Yea slr.
Q. Wh at next di 44 „itsM 'after•that •
A. The next next
I had Mr. - Thecr:
• Tack was in his own office, .probably the
tandeadfng day.. 'Ha fidd me that it was fp.
ported around town that his 'firm bad
testa very large sum of Money. I wag
telling hi that it was reported that I was
'broke, that Was caught for a large amount
of Money, that-it would ruiu me,And he
gave me his sympathy by ate me that
it had been said be was)tro_ kft audit, w,ist
'reported` also that their ' iirm 4 had lost large
stimr'cifMeney„they befing-iathe,eam h C,
*on' then And - then the' sable t
•ti 3141. me she Adv.; before' WaS*ldl
ed over again and • - he' said - 'there
would be no - trouble, my losses
would.-be only temporary, and we dis
cussed that a little and went home a great
deal better pleased.
Q. Have yon the circulars - he showed
you?
A. Yes, sir. •
Q. Where are they? "
A. In that case, (referring to .
from which he took several paper
these is the circular I received, or
ed to Mr. Tack, and handed to
time; I had it at least. The others
by Crncy to the pnblic, and thos:
ones which Mr. •
(Witness is stopped by Arr.. Cass
That must be the one, I presu
the filet of its being addressed to
pegted.) I say I presu addressed
tor the reason that it is
Bros.
Q. You have no doubt about
the one ?
A. No more than that I know
sidy is Mr. Cassidy.
Q. We want ne ambiguous tern.
presume"—that ie the one? [Objem
Q. [By the Court. What have
say about that, Mr. O'Connor?
A. That is a circular of Jules Crl
CO, oil brokers. That circular is t
June 22d.
Mr. Cassidy. Never mind that.
A. (Continued.) I got that paper from
.Mr. Tack, Mr. Theo. Tack.
•Q.. [By Mr. Cassidy.] On the occasion
Sou refer to?
A. Well, on or about that time.
Q. What do you mean by that—the next
day or the day before?
A. I told you yesterday, - and I tell
_you
again, it is impossible for me to go pack
nine or ten; months in an immense matter
like this and say that I did a particular
thing on a particular day.
Q. lam not inviting you for a speech, I
want to know what you mean by on or
about?''
A. Well, aboutthese conversations—that
circular was brought - and handed to
Me about the time he was explaining
to me in corroboration of this statement
about the large amount of oil.
Crete-examined. Q. Do you mean by "on
or about" the tlay before or the day after?
Yes or no about that?
A. I cannot say positively as to dates.
Q. [By the Court.] It was about the date
of the other conversation you have
spoken of?
A. On or about that time. '
Q. That he brought that circular up?
Yes, sir.
[Circular withdrawn for the Present.]
Q. What did he [Theo. Tack] say to you
)ut the circular?
A. Ho said, either at the time when he
brought that up to talk about this.
In the latter part of June, before he
came last, he had told me who Jules
Crucy t Co. were.
Q. What did he say?
A. He told me that they were a Greek
house.
Q. [By the Court.] What is the name of
the Greek house. -
A. Jules Crucy A: Co. And he told me
they were a reliable house, a respectable
house.
aboi
Q. Did he show you anything else besides
that circular?—anything in regard. to the
seizure of oil?
A. About the seizure of oil—that, was
with Frank Tack, as I stated fully yester
day, in Mr. Theo.'s absence.
What took place after that interview?
Q. [Mr. Cassidy.] To what interview do
you refer? •
A. The last interview (of which we are
now speaking) occurred at Mr. Tack's of
fice, about the 10th or 11th of July, about
his losing Money, the reports on the street
about him, and about my being broken up.
Q. You described that fully?
A. Yes, sir. Then about one week after
that, finding that oil did not go up, and
feeling—. [Witness again interrupted by
defence.]
[Mr. O'Connor—Do you want to know
exactly the very time I saw him?)
[District Attorney -0 no.] What next
conversation?
A. Well, the most important matter was
that I sent for him to come to my house on
the 27th of July, and he came to my house
in Pittsburgh about three o'clock in the af
ternoon, and I told him if was asserted that
he had betrayed my confidence. I told him
that I was advised that be and others had
gotten up this "corner"' by which I would
lose a large sum of money, and I told him
I wanted to know, what he had to say about
it. Mr. Theo. Tack _said that those state
ments that had been made that their firm
or he or other parties had gotten up this
"corner," or were instrumental in all -this
thing, he said those statements were not
true. ,I told him that I would come on: t
Philadelphia and investigate it fully, that
would tramit up, and if it was not true I
would be very glad of it, because I had
thought up to that moment a great deal of
him.
Q. [By Mr. Cassidy.] This is what you
said to him ?
A. Yes sir, this is what I told him, ex
actly word for word. He then saidi would
have hard work to prove it, I replied to
that, "Theodore that is not the . answer of
an honest man; if it is biro Twill prove it,
and if it is true and I prove it, you had bet
ter be in some unmentionable - place than
be where you are." -
Q. [By Mr. Cassidy.] Was that what you
said? State all you said, and that only.
A. I would rather not do so here, but if
you insist I will state it.
Mr. Cassidy. You said you remembered
it accurately. Let nahave it all.
Witness asked: Shall I state exactly what
itsaid? •
Mr. Mann. Certainly.
A. I said to him, word for word, "that if
I was true and I found it out to be so, and
that he had betrayed my confidence and
gone after and robbed me, that he had better
be in hell." That was my language, sir.
Q. What did he say to this?
A. He did not reply at all. He got up
and left the room: Igot in the carriage,
went to the depot, and came to Philadel
phia that afternoon.
Q. Who did you see when you got to
Philadelphia?
A. I went with Mr. Finney to bee Mr.
Augustus Tick, the partner of Theodore,
,(who has an office here on Walnut street',)
on" Monday morning.
'Q. What occurred?.
A. Mr. Finney came with me from Pitts
burgh on this particular business. The
first thing Mr. Augustus Tick told me was
to, say that I had been on the streets hero
l in Philadelphia reputing; that ,they had
acted: dishonestly and that I 'ought not to
'have done it. told him I had seen no oil
man, or oil broker, or anything of the kind,
but - had come right down p ftom the "Conti
nental Ilotel,"Where I was stopping., with
Mr. Finney, to his (Tack's) office, and he
was the first I had talked , to on...that sub
ject. That was the flist:remsrk that was
made when we went into' the office. ' Then
Mr. Augustus Tack said they were not in`
this "corner" and combination; that they
had not acted in the manner in which it
was alleged that they had.
Mr. Cassidy. I)o you meansity:he used
the words "corner" and "combination?"
A. Yes, , sir. It was well known there
was a "corner."
•
Q. Did he use that word?
A. Corner? Yes, "corner;" he used it
That he.was not in that
Q. What next?
He then went on to say that I had al
ways been very kind the firm,,,sent them
a goed - deal of btldness,- befriended them
in every possible
way; and that lie felt-par
tioularly anxious that there. should be no
ditteulty about this thing op account of the
great friendship existing between his
brother. Theodore and myt*llf in Pittsburgh.
I told him then that I was prepared.to hear
all the explanations of all the' deeltsations
"that had beenMgde against. them, - ; and he
then said for me to`go around among the
Mi r brokers, and sea' , what 'they said
abciat it. Itold hlinthere * *a paxtirti
,P••
' • '`-`''-"f,•-'kel2S-3•0•t
-. • ••,4
-
__~r~.
YHAftRtEII
. . .
HALER—HALL4n Thursday evening;' April 18,,_
186$, at St. James Church, Pittsburgh, by the Rev.
George Slattery, Mr. E. P. BALER and Bias SARAH
L. HALL, both Of 'Pittsburgh, Pa.
DIED:
lIARKER.--On Saturday. April lEtth, 18138, Mrs.
FANYY, wife .of William Barker, Sr., in the 75th
year of her age.
Funeral from the residence of her husband, No..
70 Smithfield street, Pittsburgh, on TUESDAY, 21st
inst., at 2 o'clock P. x. Friends of the family are
respectfully invited to attend.
age
e of
ess
t he
aed
LET NOT YOUR PREJUDICE USURP
YOUR REASON.
It is a fact that, in the minds of many persons, a
prejudice exists against what are called patent
medicines; but why should this prevent you resort
ing to an article that has such an array of testimony
to support it as HOSTETTER'S STOMACH BIT
TERS? Physicians prescribe it; why shout(' you
discard It f. Judges ; usually considered men of tal
ent, have used anddo use It In their famlllesl-whY
should you reject It? Let notour prejudice usurp.
your reason to the everlasting injury of your health.
If you are sick, and require a medicine, try these
Bitters.
When the bodily energies are worn out. by anxiety
gad need a stimulant, this iB the best that can be
taken. It is tempered and modified by hygienic
herbs and roots, which prevent It froto levering the
blood, and hence It does not produce a mere tempo.;
rary excitement, to be followed by injurious reac
tion, but communicates a permanent potency to the
entire vital organization. Some of its herbal eon
' stituents are slightly soporific, so that in cases where
sleeplessness is one of the accompaniments of ner
vous disease, a dose of It taken towards bedtime
will tend to produce quiet and refreshing slumber.
For palpitation of heart, tremors, hysterics, faint
ing fits, eneral restlessness and the causeless fears
and dl resting fancies to which ladies are especially
subjec under certain morbid conditions of mind
an,. ' y peculiar to their sex, the Bitters will be
I f
found the most agreeable and certain of all counter
irritants. •
om
14-
ne,
: ck
ate cy
d
The constitutionally nervous may readily keep
their infirmity In constant check by the daily use of
this healthful vegetable: tonic; and those who have
"shattered their nerves '
" as the phrase is, either
-by imprudent indulgenceor undue physical or intel
lectual labor, will find in this vitalizing elixir a
prompt restorative. .
AvIWA Pk/ tz, 6 aR 1/411
Bar" ELECTION NOTICE.-THE
of the. Annual Election for President and Directors
MONONGAHELA WATER CO.
Will on ly T U ES D AY, rst National Bank of Birming
ham, May sth. 1868, between the
hours of 4 and 6 o'clock r. pt. _
ap2lioSS EDWARD "WYE. Secretary..
WANTEII.--A- SITUATION.-A
sober, steady and trustworthy man whtihas
had fifteen years experience In the peddling And
general commission business, and who can present
unquestionable references, is desirous ofprovaging
a situation. Address, "G. N.,
Winshingtonville.
ap2l: Columbiana county, Ohio.
WANTED,
A SMART; INTELLIGENT
For a pupil, anti to ,
act as assistant to a Mechanical
Engineer.- Premium required.
.Address Boa .50,-T. 0., Allegheny City, Pa.
*pia:oM
TO LET;
. .
TWO GOOD DWELLINGS,
On 47 Ohio street, two doors west of Diamond,
each containing two rooms and two porches.
Enquire at 46 Ohio street.
- art.= • W. CARSON.
STRAY HOBSE,A LIGHT BAY
HORS was taken up by the Police, on Tues
day, the•l4th just, 15,1iltands high; two bind feet
white; dark mane end tall; about eight years old.
The owner is, reouested to come forward, prove
property, pay chatges and take It away, ur It will be
sold on the 25th inst. to pay expenses. ' •
apt.'l:o92 • MATTHEW J. GREENE.
DISSOLUTION.—The firm of
r.
GREGG & CLENDINING,
Was dissolved on the 15th Inst.', by mutual consent.'
Eltber partner will sign the name of the firm in set—
tlement. JAMES tALEEG. No. 4 Rand street.
• WM.CLENDINING, No. 50 Hand st.
Pittsburgh, April 15th, 1868.
JAMES GREGG will continue the old business at
No. 4 Hand street. AU orders will be promptly at
tended to. -
, .
•
•
The business will also be continued et the old
stand, No. 3O Hand street, by W3l. CLENDIN
ING. ap21:o:8
A. BRADLEY .. ..... VANICIILK J. S. BRADLEY
. ETNA S,TOVP. WORKS. ii
A. BRADLEY & CO.,
Manufacture every variety of
Cook, Parlor , and Heating Stov'es,
Among which are the celebrated% EttREKA.
TROPIc and TALISMAN (Coal Stoves); POMANA,
VETERAN and.IRONS/DES (Wood Stoves).
Also manufacture
GRATES, GRATE PRONTO, &, 43 •:
(Mice and Warehouse, corner of Second and Wood
streets, Pittsburgh. Entrance, on Second street,
ap2lms9 .
ORPHANS' COURT SALE. • -
ON- THURSDAY, APRIL 23d,,1868,
fT CO!C toex. P. M.,
Will be' sold on the premises, all that PIECE OF
LAND situate in McClure township, - beginning at
the corner of Backlante and a 40 feet street,_• thence
along said street N. 13 degrees 50 minutes W. 344
feet /02' inches John Class , Ilue; thence N. 77
degrees 10 mi E. 389 feet 2'_
inch to Bakewell`s
line; thence Id line B.- /*degrees 30 min
utes E. 230 lb inches to Back Lane; thence
along the same 578 degrees W. 388 feet to place of
beginning, containing 3 - acres '33 perches, with a
sttpl o f i e7zidereserred - off the eastern end o f sa a pec.oroad TI e
property of Hus
.
sung. deceased. -
,`Terms will be made known On day of sale.
By order of the Orphans' Court. - • -;
JOHN GASS, Jr., Administrator.
J. LUDEW_I9 ILOETHEN, ` Attorne y, 71 Grant
street. . • ap=-00
Cr"( OF PITTSBURGH
WATER ' LOAN.
Oroposals for Two Hundred and Fifty .
Thousand" Dollars,
Of the "Water Extension Loan Bonds," will be re
ceived at the office of the City Controller; Fourth
street.
•
These Bonds will bear SEVEN FEE CENT. IN-'
TEREST with Coupons attached. The Coupons are
payable semi-annually, at the Office of the City
Treasury, and the onds payable in' Twenty-five
years. A- SINKING FUND FOR THEIR ULTI
MATE PAY3IENT IS PROVIDED FOR AND THE
!COUPONS ABE By LAW MADE RECIIVABLE
FOR WATERIRENTS.
The Bonds are, BY ACT OF GENERAL ASSEM
B -
LY; F
FREED ROM. STATE, ,COI.I.NTY AND MU
NICIPAL TAXATION. . - - •
It is a well known fact that Bonds Issued for water
purposes, in all large cities, have proved safe and
very desirable invespuente..
421 blaft Underplar tan be acted upon. The Bonds
are to be issued in denominations of el.OOO, 000
and ono.
By order of the Finance Committee. •
ap21:04 THOMAS STEEL. Controller.
EW GOODS I -
WHITE AND BLACK'
LAMA LACE MANTLES.
EVENING
. - DIt,ES - SH AWLS.
-- •
..„.:
_.... _...
CHOICE
PIQUES AND CHINTZES.
THE LATEST NOVELTIES IN
=!A
SILK MANTLES.
A LARGE AIitiORTMENT OF
DRESS "GOODS
COIINTEIIPANE&IN# FIJIINITERE COVERIfiIi
• I
ATEB &
aPI erns T kr r• " ' 4'o 3a
gc'walla LIST 017 7 .I\RPLeICA
TIONS TO SELL LIQUORS. fi led in the Clerk'
e, for the months of 31arelt and April, 1868.
Pittsburgh:
•
John Rowley, tavern, lat ward. •
Mordiehl Johns, tavern.'lst ward.
Fred. - Vierheller, taVern, list ward. ..
Sehaum & Roessing, tavern. Ist ward.
John F. Morgatirtavern,L,t ward.
Louis Hager, tavern. Ist ward.
- Morgan Thomas, tavern. lit ward. ''• -
Thos. Welsh, tavern, Ist ward.
John Ryland, tavern, lit ward.
James witourke,
tavern. Ist ward. " •
Caroline Pollock., lst ward.
John M. Keller, tavern, Ist ward.
Hugh Sallie, tavern. Ist ward. . -
James McColl, tavern, Ist ward.
Patrick Connelly, eating house, Ist ward.
C. Weigant, eating house. Ist ward.
Rachel Myers, eatinghouse, Ist ward.
Wm. Hasiage & Co., other goods. Ist ward.
ScDlltlner Stevenson. other goods, Ist ward.
Val. 1. eh!, tavern,. 2d ward.
John Meader, tavern, 2d svard.
John Andregg, tavern. 2d ward. '
David Reich, tavern, 2d ward. - -
Rosa Laverty, tavern, 2d ward.
John Brown, tavern, 2d-ward." ' •
John Smith, tavern, 2d ward.
Christ. Gotthold, eating house, 2d ward.
T. N. Miller, other goods, 2d Ward.
Dlerker & Speck, other goods, 2d ward. •
Jos. S. Finch & Co., other goods, 2d ward.
John Mulherron, tavern, 34 ward. - •
Jos. Armstrong, tavern; Mt ward.'
Owen Corcoran, tavern. MI ward.
Jane Gazzola, tavern, 3d ward.
Patrick Dunn, tavern. ad ward. ' •
Louis Cella, tavern, 3d ward.
Francis McLaughlin, tavern. 3d ward.
Johanna McGraw, eating 3d ward.
J. .1. Speck,other goods, 3d ward. • '
McGraw Sc McCann, other g00d5,..31 ward. • ' -
Win. Lowry. tavern, 4th ward. •
McPherson & Kerr, tavern, 4th ward.
.los. Rhinehart, tavern, 4th ward.
W. N. Chessman, tavern. 4th ward. • - •
John MeGrady, tavern,/ 4th ward.*
Wm. McCoy, eating houte. 4th ward.
Munhall &McGraw, other goods, 4th ward. -
Hedry McSwlggen , other goods, .4th ward.
IVatson, other goods, 4th ward.-
MeCullotigh & Co., other goods 4th ward.
A.',Trisslng, tavern, sth ward: "- •
Jacob Fuchs, tavern, sth ward.
Louis Bucliter, tavern. sth ward.
Wm. Buerge, tavern, sth ward.
McManus & Smith, tavern. sth ward.
Stephen England, tavern, sth ward.
J. K. Lanahan, tavern, sth ward.
Wm. J. Morgan, tavern, sth ward.
David Boyd. tavern, sth ward.
Edward Barker, tavern., sth ward.
Jos. Fritch, tavern, sth ward.
Robt. Lindsay, tavern, sth ward. -
Thos. Duggan, tavern 3th ward.
H. Freyberg, eating house. sth ward.
F. Dace), eating house, sth ward.
other goods, sth ward. •
P. & M. Kane. other goods. sth ward.
Chas. Jacob, other goods, sth ward.
"Jas. Williams, eating Longa: 6th ward. - /
as. Kennedy, other goods, 6th ward.
John Watson. other goods, 6th ward.
Pat. Burke. other goods,Bth ward. :
Alex. Haughey , tavern , ward." "
A. W. Washington. eating house, 7th ward.
Andrew Hackett, tavern, Bth ward.
Henry Allen, other goods, Bth ward.
Mich. Conher, other goods, Bth ward. • ••- -
Mary Fleming, other goods, Bth ward. -
F. Kaiser, other goods, Bth ward.
Rich. Scoultz, tavern, oth ward.
Jas. Neeson, tavern, 9th ward.
Daniel Dugan, tavern, 9th ward. •
Thos. Romaine, tavern, 9th wlird.
Thos. Clark, tavern, 9th ward.
H. S. Love. tavern, 9th ward.
Samuel Turner, tavern, 9th ward.- • -
Benedict Dilger, eating house, 9tlr ward.
John Meyer, tavern, 10th ward. • •
Elijah Hall, tavern, 10th ward. '
Wm. Riddeli r tavern, 10th ward. •
Geo. Slegrist, tavern. 10th ward. •
John Burke, tavern, 10th-ward.
Stephen Calrne, tavern, 10th ward.
Stephen Cavanara, tavern, 10th ward.
•" Jos. Frlcker, tavern, 10th ward.
Jo's. Ludewlg, eating house, 10th ward.
Jas. S. eating house, 10th ward.
Xavier Walz, eating house, 10th ward. •
Nich. Young, eating house. 10th ward. • .
David Haworth; tither goods; 10th ward. -
Win. Clayton & Son. other goods, 10th ward.
J. Adam Weber & Co.,' other goods, 10th ward. •
Jacob Keller, other goods, 10th- ward., • . •
Rich. Young, other goods, 10th ward.
Allegheny.
Geo. Bailey, tavern, Ist ward.
G. W. Dawson, - tavern, 4th ward.
Win. Gang. eating horse, 7th ward. •
Louis 31yers, tavern, Bth ward. - •
Boroughs.
Sarah .1. Robinson, tavern, Braddock's.
Geo. Kraugh, tavern, Birmingham. •
Frank Bach, tavern, East Birmingham.
John D. Risser, tavern, East Birmingham.
Chas. Gehring, tavern,•East Birmingham. •
Conrad Shemeg, tavern, East Birmingham,
Pat. O'Neil, tavern, Temperancevllle.
Geo. Henze!, tavean, Temperanceville.
Townships.
Christ. Drenhanser, tavern, Baldwin..
Christ. Fromm tavern, Baldwin. •
Chas,:liambelAavern, - Collins, - • ' 4
Jos: Gansten, tavern,Collins.
Jonas Sral th, davern,Colllns.
Jacob Weigel, tavern, Pitt.
John W. Ciark. tavern, Collins.
Mahala Gardiner, tavern, Chanters.
J. F. Swaney, tavern, Findley. • .
Jos. Wright, tavern. South Fayette.
Mich. Mansfield, tavern, South Fayette.
Geo. , Hegela, eating house Harrison.
Robt. Euwer, tavern, Har rison.n
Win. Thorpe, tavern, Mhfltn,' -
Chas. Engel, tavern,
_3lllfibi.
Adam 8011, -- tavern, McClure.
Evaline Freeburg, tavern, McClure.
Veit. Kaltenheiser, tavern. Oakland; •
Leopold Klee, tavern, Oakland.
John O'Donnell, tavern. Oakland.
Daniel Williams, tavern,- Oakland.
Wm. Morehead; eating house, Oakland.
Frank Llmegronver, tavern. Penn, • •
:Thos. Carroll, other goods Penn.
Mahal d Turner, tavern, Richland. •
Cath. Leonard, tavern. Robinson.
Jacob Wallrath, tavern, Shalar.
Andrew MeQueety, tavern, Scott.
Samuel J. Heath, tavern, Snowden. • _
•Maryßeitzhoover. tavern, Lower St. Clair. •-.
Geo. Goldbach, tavern,'Lower St. Clair.
Marg. Ma ire, tavern, Lower St. Clair.
John Leonard, tavern, Lower St. Clair.
Fred. Hampe, tavern, Lower St. Clair. '
F. S. Bogle, eating house, Lower St. Clair.
Geo. Voelker, eating house. Lower St. Clair,
Bogie , Fischer Sc Co.. ea'g house, Low. St. IClalr.
Daniel \Vearts, tavern, Wilkins.
The Lense Board
M wiII , MONDY, the
27th day ic of April. S. - at 9 o'clotk .6 A : - )Wfor
bearlug the . above applications.
• JOHN G. BROWN, Clerk,
i r L yRPIIANS' COURT SALE OF
„TIME HOUSES AND LOTS.
Alvirtue of an dated April hans Court of
llegheny County, 18th, 1868, the
Executor - of Peter Creahan, deceased, will sell at
PUBLIC SALE, at the COURT HOTSE, In the City
of „Pittsburgh, on - ; • •
Wedn.esday, May 13,1868.
AT 10 O'CLOCK. A. 31.,
All that certain LOT OF GROUND situate In the
village of Noblestown, Allegheny county, Penna.,
fronting on the State road. leading to Pittsburgh,
and being the second lot - from the corner of the
Township road and the State road. Beginning at a
'post, 31 feet front the east corner of F. Marshall's
house; thence. 97 feet 6 Inches to the line of said
Marshall and said Creahan to a post, said post be
ing 8 feet from the corner of a house owned by the
said Creahan; thence along the line of said Crea
ban to a ran; thence along the line of property - of
,David Crouch to the State roadi anal- thence along
the State road to the place of begiuning—on which
Is erected a two-story frame dwelliug house.
Also, All that other LOT OF - GROUND situate as
aforesaid, bounded as follows, to wit: Beginulng at
a stone on the northeast side of Mill street. near the
tavern house,
_• thence by a lot of ground belonging
to Joseph llleilurry,.north 183; degrees east 3 and
8-10 perches, to a post at :the corner of the cost
house; thence north 36,4 degrees east 11 2-10 per
elleS Le a stone lb the run: thence by lot of ground
belonging to the heirs of Joseph litcslurry. -south'
33 degrees west 7 and 9-10 perches to a p6bt
thence by a lot of ground belonging to John Taylor,
and heirs of Jos. Taylor, north 18y degrees west 4
and 9-10 perches to. a most ; thence by - McDonald
Taylor's wool house south 83; degrees west 58 feet
to a post; thence by Mill street north 8034 degrees
west 64 feet, to the piece of-beginning, containing
perches.Bo
.Also. That other t certain LOT , Olt. PIECE OE'
OROUY.:D, situate as aforesaid, bounded as follows,
to wit: lA:ginning at a point on hill street, (for
inerly:tue State road,) at the corner of land of
Glens:Oat:sells; thence along said Mill street 60 - feet
smore or fess, to property now or formerly belonging
to B. A. Mevey; thence southwardly .oloug the line
of the same 140 feet, more or less, to a point where
the above mentioned line of Mewl' property , corners
wills a' line of other property" belongingfo B.
Mevey, running parallel or nearly so with said Mill
street; thence along said last Mentioned line, 60 ft.
more or less, to the line of ..bud,ortilennts-teirs;
and thence along the line of same 140 feet, more or
less, to the place of beginning—on which is erected
a two-story frame store house., - .
_FOr further information fuquireOf A. sr. DROWN;
Esq., Attorney-at•LawNo. 114 Fifth St., Pitts
!burgh, or of ' WILLIAM CREARAN,
ap2tio9l-14T , '• . .' - Noblestown,:r a.: ,
IitIRNITURIE, MATTRESSES,
Gatoc.nrEs,
CARPETS, PIANOS, MIRRORS, EXTENSION TAilif.B ‘
. ; Arldliousehold Goods at Auction..
I=
. THURSDAY, A_pril 23d,- at' abt*(),: mo , mit
AUC:TIOW HOSE 53 an. tr srYittkitreet,Fat IG
o'clock A. M., Will ne solo an ator tmexit
of
Un.
tare, consisting of 31brbie,T9r,-..flitreaus,- Stands s a
nd
Center, Tables, Bedsteads a tol - lonages, goo i o. -.._
Side, Dining and Alteben
`vans, • Tcte-a- To te Seib, 'Cane and Wood Seat
c hairs, Extension, Card,
Bedding new Hair, Husk and' Cotton Rattrasses and '
or all kllids: 'Desks, Wardrobes and Book
Cases: Canned India, Toas. Uackeral, tehad
Herring, Hoge, dc.
.At NI to p. la. new c arpeta will be sold In
Au/miles to aul ipuichase.rst- •t allow Nur, tivest.andl
plait' _IVInsloW. Blinds raid shades.
Ata o ?ciocK P. )1. two, splendid Itosesvood Caged
iM
SMITHSON, 17. <4 I .A.NIIOOIC '&llltOtiii4Nii,
A uctioneers..
I)otir CLOTHES WASHER tliiii-
best In the market; another, ivy idst '44;(42'
I : 7 M, , , J. & Elz-P LT. pEk it‘,l
- -
.=,, Sole agents for 1 Is comity. — 9 "
- ohb
12. ' I N-41 nik aI e s ~.= On -stikilifer is:,'
Pine t rove, to arthrAtOgiatiehil `'• ' .
aD2I
LIALAIT DIOICHT ,4 co,
NEW