8.
'THE OTOYNOIL-TACIC
(Contindea from Fifth Page.)
neighbors; persons that I had reason to
know were probably in the—
Q. You told him this, did you?
A. Yes, I did toll him that; and we, got
into a wrangle about it.
Q. [By Mr. Hagert.]. You said you told
him these persons were in this?
A. Itold-him there tiaat.l did not think I
would take' his advice particularly, or be
guided by it in asking his neighbor oil bro
kers, particularly as some of them, I knew,
were in' this thing. I said that to him.
-;--r-._94:33Y,Mr-idant‘.3 - And then you had a
rangie about It;you' say?
A. And then we had a very great wrangle
about it. I told him I would have the
.:. mat
; ,ters•investigated fully in my own way, I
would go, to the parties really outside of
- • 'this thing, and learn all connected withit.
Q. What reply did he make to that?
A. I don't think he made any reply, sir.
• Q. Was thatall of your interview?
A. This all occurred the same morning.
. _While Mr. Finney,Mr. Augustus Tack and I
'my'self were wrangling about this thing,
Mr. Daniel L. Miller came into Mr. Tack's
office, and came in where we, were; and his
„-•partioular busiriesis•wa.s tei see me and see
Mr. Tack, regarding one of these contracts
—the last one—the one dated July 2d, re
ally executed on July Bth! and in which
there was a deposit of $l.OOO in cash (to be
put up by me), and $l,OOO in cash to be put
up by .Badetty, the buyer. Badetty had
transferred all his right and title to it to
Mr. Miller, and Miller had come to see
'what was the matter,.what was the reason
of this difflculty.l told Mr. Miller and Mr.
Tick I had sent my thousand dollars to Mr.
Tack, with .instructions to deposit it, ea.
cording_to arrangement, with the United
, • States•Trilat 'Company, and he had' not de
posited it; he had it; he had kept it.
Q. Got it yet? (, P.
A. Yes, sir; he has it yet. That the con
tract, not , having been fully complied with
• on either side, and the fault being Mr.
Tack's, that Mr. Miller could look to Mr.
Tack for, that contracMs, nd that I had noth
ing to do with it. It threw the burden on
M. Tack. Mr. Tack referred to his letter
book in connection with that to show to Mr.
Miller what he had written. Mr. Miller.
and he had a wrangle and quarrel regard
ing that, and then, in connection with that,
while Mr. Miller was there, or while he had
stepped out a moment, (Mr.. Finney was
there, Mr. Tack was there, and I was there,)
I then suggested that he might as well show
I me the balance of his letter of that date (it
' was about July 6th, 7th, of Bth, or along
there) with regard to the Badetty contract;
• ' to let me see the whole letter he had writ
ten to his brother; and that was the only
way in which I could, learn whether these
men had acted right or not. He objected
to that; he said that portion of the letter
he had shown mo had reference to this
thousand dollar transaction; the balance I.
had no right to see. I told him I had no
right, neither didl ask anything except that
which he should grant me in fairness, and
that if he wanted to act honestly and truly,
he ought to let me read the whole letter;
and he let me read the whole letter of that
date.
Q,. [By Mr. Cassidy.] The whole, of it?
A. I. am not certain. I think I read the
whole of it-. It was a very long letter.
• • [The letter referred to was called for' by
the prosecution. Mr. Cassidy replied the
letter would be produced as soon as he
could procure it.]
Q. [By Mr. Mann, continued:] What 'did'
you say with reference to that letter?
A. It showed that on the day on which
_ that letter was written, they had bought a
very large quantity of oil. . •
Q. Instead of being sellers? •
A. Instead of being sellers. I was quite
excited about it; and put my hand on this
. letter-press book and said "that is
, all I wanted to know about this transac
. tion, there is the proof of itself." I then
told him he had swindled me. That'.
what I told him—the exact language—and
left his office.
Q. Where did you next see him?
A. The next time I saw him was at the
Continental Hotel that night. That's where
I was stopping. 1 1 3:net him on Walnut
etreat first.
' Q. Whereabouts on Walnut street? •
A. Well, about eight o'clock that even
• ing. I had walked out with my wife and
- was walking up Walnut street, soniewhere
about Tenth or Eleventh street. Mr. Tack
had come after me. He told me that he
had been down to the Continental to see
me, and not finding me in had learned I
had gone out to take a walk, add had fol
lowed me and caught up with us. He
walked with my wife and myself un to the
corner of Braid and Walnut streets, and
back from the corner of Broad and Walnut
streets to hotel. Ho commenced speaking
about this oil business. When we went
back to the hotel, Mr. Finney and he and
I went down stairs in the Continental Ho
tel and we talked it all over, from about
probably ten o'clock until after midnight.
Q. Well sir, what was it? •
A. Welt he told me his particular busi;
ness in coming to see me, after the trouble
of the morning, was that he did not want to
have any difficulty with me. He repeated
the same thing about the great, friendship
and intimacy between . Theo. Tack and mya
' self, and that he did not want to have any
- .trouble, any difficulty; he wanted to have
this fight / and quarrel stopped, and then
, went on to say that on my 16,000 barrels'of
oil that were out, the best plan to 4io, was
to listen to his propositions; he had a "big
thing",and he would explain it all in detail,
and he would commence. . ;
- • So he commenced on the 16,000 barrels of
"short" contracts th,t I had out,'"and he
said that out bf that amount 6,000 barrels
' was held b 7-,, Schalk—Emil Schalk—who
was his veersonal friend, and Schalk would
do ar:ithing regarding them, to retire them
?,r get them up, that he would advise
- ad 1,500 barrels of them were heldby the
firm of Bunker Brothers & Co.,'and. that
Bunker Brothers were great friends of his;
because but a short timd prior to that they
• had got into difficulties and he had sided
them, saved them from failure, saved they
from bankruptcy—necessarily that
would dgardo anything he wanted thorn to do
th re this matter. And in that
wi connection he
stated that the mode in which
he had saved them from bankruptcy
by going on the inarkbt and reporting them
• "broke," so as to.put the price of oil down,
(they being at that time "short,") and got
them to cover up every thing, and that it
was false but it succeeded. That was the
' obligation which Bunker Brothers & Co.
was under to him.
Q. So as to take up their contract?
A. Yes, sir; get then covered as
- - it is termed, With regard to the other par
ttes, he figured them all np in detail, and
he said that as a good Many of them were
Pittsburghera;l 'would probably have more
personal influence with 'them than he
would. That was one of his statements.
I told him ,I would not meddle with it
at all. The Contracts had been made; ex. !
clusivelythrougb Tack. -If they were to be
retired and taken up, and this difficulty
• settled, it must be alone through him. And
It was figured up then that' for the sum of
about fourteen or fifteen thousand dollars,
• - if I would do thertwhatits wanted, ine
ditten that he 'could and'Woulti get up all
these contracts and get them mneelled, g. et
my "shorts" taken. up; ,and now the only
way to do,'if he' did, that, Was to go in with
him. Se said that this "corder" and
"ring" that had been made, had so fax
:worked well enough, bat that • it was
: heavily loaded and must be still further
extended. fte said that'their next exten=
slon of it would be to get up an agreement,
' •by which they would buy an immense quan-.
tity of oil in _Antwerp, Europe. stimulate
tr t the Mice; get It up there and also in Phila
delphia He said' that Mr. Schalk would
ggoo into, it r f'or , 8,00 0 -harrelikwith two
- dollars 'a barrelio a Margin ($16;000.) And
that Bunker Brothers wouldinto
• • it for • 8,000 - harrelsi' 00 1$1 6 1 0 00;) go,
that
' it was ' sally ; understood and ':',agreed
I • upon. And a gentleman by the moue,
of Me*, In New York,' Would go
~
- 8,000 barrels at 'two dollars. This _wig',
MEE
agieedon -* aria they theinsell_i4;(Va c ck
Bros.) their' invn firm,• would go in • 8,000
barrels at two dollars per barrel. That
would be 816,000 more. And that I must
go in 10,000 barrels at two dollars a barrel,
and give him the money to go into the
thing; and he would make money for me,
hewould make more.money for me than 1
had lost try the "short" contracts. He said
he would also ask other persons to go into
it, and it would be a very large transaction I
and it must succeed. He told The that des
perate cases needed desperate remedies, -
and this thing must be:put through, and he
told me they inadera business of making
"corners" and "rings" to put down oil or
put up the price; that the commission busi
ness was of too limited extent, that out of
the one and one-half per cent. commission,
they had to pay five-eights to a sub-broker,
and that was too small an affair for him,
but that this was the nay to make the
money. If I gave him the $14,000 to retire
my "short contracts," and gave him the
$20,000 in this arrangement, he would Pro
, tect me frilly and phe matter would come
dut all right, and it would be all harmoni
-ous and,right as between me and his/broth
er, and all the rest of them.
And in that connection he 'made use of
the express word "ring," for he said before
he left the hotel that it was very necessary
to get me in this, because I knew all about
such things, because I had been in another
very large "ring" of the kind in Pittsburgh;
and therefore he wanted me in it.
I asked him what he meant, and then he
smiled and laughed. And then I wanted
to know what he meant. When he found
.I did not take it good-huboredly, he turned
off the conversation. This is what f distinct
lay made me recollect the conversation.
The conversation took . place from ten
o'clock until probably half-past twelve.
Q. Did he explain about how this money
was to be used?
A. Yes, sir; this money was two dol
lars a barrel margin. They were to buy
oil contracts deliverable ahead in Ant
werp, and "bull" the market. The more
people they got into it strong people—
why the greater strength they gave the
movement. And he told me then these
parties (whose names I have mentioned)
would go in, and urged me to go in, and
said then that he would make every effort
toget others whom he named.
Q. He then spoke of "billing " tho mar
ket in Antwerp, to raise4he price in Ant
werp?
A. Yes, sir; he was to "hull'l,the market
in Antwerp.' When oil - raises in' price in
Antwerp it necessarily rises here. •
Q. [By Mr. Cassidy]. This is what he
said? •
A. No, sir. •
Mr. Cssidy. Do not state anything but
what he said.
A. Daring, the conversation in, the Con
-tinental Hotel it Was figured up on paper
and fully diSciSsed, and Mr.Fiiiney and I
both told him before he left that night, that
we would see about it; we. would think it
all oVer;,we would consider his proposition;
we wanted to get all the facts.
Mr. Cassidy. Never mind; tell what you
said.
A. Well, I told hint I wanted to get at
the facts; and as soon as I dould see this
matter in all . its bearings, we would 4380
About it. He asked me when I would de
cide. I told him next day or the day after,
I ought to go to Cape May; that I had my
own family with me, and I had three other
gentlemen's families in charge, and that it
was •a necessity for me to go to Cape May.
He told me I had better come up from Cape
,May—Mitter of very great importance,
and ought to be done and: must be done
no tinie to lose. I told him that that was
an impossibility; that my family arrange
ments were of such a cluikacter that I must
atiend to them and attend to these ladies.
And then he said he would go to Cape May,
and that when he went to Cape Maraud
met me, he would have the whole thing he
had told me reduced to writing, and we
made that arrangement with him.
I did with Mr. Tack--that he was to come
to Cape May, where I had to go, and he
woultr% then 'have the whole thing
reduced down in writing. .I want
ed to get it from hint in
writing. I was then, after that, to say
whether I would give him the fourteen or
fifteen thousand dollars to retire my con
tracts, and the $20,000 to go into this thing.
And we left each other that night, or rather
morning, for it was certainly half-past
twelve o'clock, maybe one o'clock, before
he left the hotel. -
The next morning Mr. Finney and I went
-down to the office,
of
Mr. Tack (Aug.
Tack) pulled out of his pocket a telegram
and showed it to me and toMr. Finney: It
was a telegram from Bunker Brothers, of
New York, stating,- Sheplar "Will go in
8,000 barrels ($16,000); Schalk is here, and
—" I cannot give it woid for word, but "he
will go in the same way. Shall we draw
upon you at eight days' sight for '316,000?
Answer Bunker Brothers." •
"Now," said he, "it is so, and really true,
and will, go on."
• Q. At the conversation at the Continental
was there anything said between you on
the subject of these two dollars-_--how far I
your responsibility extended?
tes. I aaked him, '"Suppose these
parties have put up this 'two ; dolhtrs a bar
rermargir, and by 'any , means whatever
the'.tbulling' movement would not be sue
63ssful, would they'lose anymore than two
dollars a barrel?' and hp said no; that it
was so arranged, and would be so arranged,
that the two dollars a barrel was all that I
could lose, so that my total loss ' under the
worst circumstances, would have been
$34,000—520,000 in the New Antwerp busi
ness, and about $14,000 or $15,000 besides. I
Q. The twodollars. a :barrel, making
$16,000, and this $20,00 in your case was
not to bny oil, but—
A.
The two dollars a barrel was to be put
up as a margin on "time centracts," for the
purpose of security. -
Q. (By Mr. Cassidy.) This is what Mr.
Tack said?
A. Yes, sir; Mr. Tack said that. It was
for the purpose of seeming the contracts.
Q. W hat contracts?
A. Anybody's contracts who purchased.
Q. Contracts to do what?
A. The soller_would agree to deliver so
much oil.
Q. What were you to do?
A. We were to buy; we were to pay up
two dollars, and he would put up two dol
lars (both sides of the contract) as a secu
rity, as a margin. He told me that the
$20,000 would be my margin, two dollars
per barrel on ten thousand barrels.
I have given you the exact substance of
that portion of the interview in regard to
showing me this. telegram. And then after
that, was done,-he had taken us outside and
showed it to us in the little passage-way,
and had impressed•on Mr. Finney and my
self the propriety of = keeping ,it quiet.
"Now" -said he, "you see it is really so,
here this telegram." After that we went
.bae into his °film
Mr. Finney and I, and Mr. Tack, at the
moment sat down, and we commenced dis
.ensiting about the fourteen or fifteen thou
sand dollars, about which we had, discussed
the preceding night; Mr. Tack figured on a
piece of paper, and then I figured on apiece
of paper,. and we figured' it up pretty much
the same as. wo had before.
I think we put down Mr. Schalk for five
thousand dollars, as about the amount he
would have to get.
Q. Have you these contracts before you?
A. Yes, sir; I have them here. I will - ,
complete what was said that morning: ,
A., 'There Wits a contractwith Emil &chalk?
A. Yes, sir; for six thousand barrels.
One moment you said you wanted to
`Complete : that conversation? • ' -
A. Yes, sir. I figured it up and he figured,
and the arrangement was then the
same, as the night before, and he was to go
to work and get these contracts up; and he
said:4!Supre 1 do it,
_haw arn you going
to pay it T I said to him, "I am going t o
pay itt meney." He then said; "Are you
goineinto . this other? I sald: "Welt g ee
70Xlati that afterwards. If I dolt at all itwllli
be in m oney. " I< then left his office,'
haverover epolcfg to , 'dm strum / belt'
he catitoP, my iritbn hotel once
twiceabout some , .and he Wired to G.
-
, a:*
s`'•
,
4 140P z
4:' -
' ;
"3
t '
•
PITTSBURGH - GAZEIIJ
..: TTSPDAY. _AIRII, '2l, 1868
once or twice, but I don't callthat speaking
to him. I had no conversation.
Q. What have you lost or pa id on account
of these contracts; how much money?
A. I have paid, -or caused to be paid,
twenty thousand dollars some six hunoired
or seven hundred dollars, four thousand
dollars of that money Ipaid in person to
Kirkpatrick and' Lyon, in Pittsburgh, and
the remaining sixteen or nineteen thousand
dollars was paid with mymoney. Paid by
my agent, Augustus Marino and the con
tracts were transferred to Marino in trust
for me, in accordance with the advice of
my counsel. I paid this money, and they
got their money, and the transfers were
made. The four thousand dollars I piiid in
cash to Mr. Kirkpatrick in my house.
Q. Then you are twenty thousand dollars
out of pocket? ,
A. Yes, sir; Between twenty thousand
and twenty-one thousand
.dollars. • I
Q. I would like you to take these con
tracts, and pit on the right hand side all
those you paid, and on the left all you4de
dined to pay. You mean to say you paid
money?,
A. Yes, sir.
Q. They furnished you no oil?
A. No, sir.
Q. You made that arrangement, and that
was the result? •
A. I paid this money—what is called the
difference between the contract price I had
agreed to sell, and the price it had been
bought up to at the time it was due.
Q. You had to pay , the difference what
ever anybody made the market?
A. Yes, sir.
Q. Give me the names of the people?
A. Here is one. ' J. C. Kirkpatrick di CO.
These contracts amounted t0 f 2,000 barrels.
Four contracts each 500; one at twenty-four
cents; one at twenty-four cents; one at
twenty-four cents, and one at twenty-four
cents.
Mr. Cassidy.—How many, gallons to a
barrel?
A. 4t was ordinarily estimated that forty
gallons made a barrel, but the,oil brokers
sometimes settled at forty, and sometimes
they claimed as high as forty-four. •At a
certain time -it was forty, but- since then
they have settled on forty-four.
J, C. Kirkpatrick $4,100. They were paid
in the city of Philadelphia, at White &
Earle's office, by my agent, Mr. Marino, in
my presence.
Mr.'iTagert. Give us the date of that pay
went? -
A. I have not the exact date. Mr. Marino
can give the date. •
Mr. Hagert. Suppose you give. us about
the time?
Mr. Mann. The contracts speaks for them
selves
Mr. Cassidy. Generally had the contracts
matured?
A. The first contract was to deliver 500
barrels in the month of July, any time the
buyer called for it with ten days notice.
Mr. Cassidy. The date of the execution?
A. Executed on the 15th day of June.
The next contract (executed on the 15th
day of June) was to deliver 500 barrels in
the month of August, any time the buyer
"called" for ten days notice. Also, on the
•15th of June, another one executed for 500
barrels, at twenty-four cents, to he deliver
ed at any time in the month of September,
(at any time the buyer "called" for it) ten
days notice. The next one (executed on
the 15th of June) was deliverable in Octo
ber, buyer's option any time they called
for the ten days notice. That is July, Au
gust, September.and October—any time the
buyer called for it—during (any of Those
months.
Q. Give us the date at which you settled
the $4.100.
A. I have not got the date in this book,
nor do I recollect the exact date at which
Mr. Morino paid that. To the best of my
knowledge I was present and saw him pay
it; and I think it was in November, 1867,
or certainly not later than the early part of
December, 1867. Mr. Merino's check will
show the exact date. That was all of J. C.
Kirkpatrick.
Q. Give the names' of those you have not
paid.
A, TAfter several oments.] Here they
are sir; "Jos. Kirkpatrick and Jas. Ly
.ons." They were paid $4,000.
Q. iese are settled, are they?
A.Yes, sir.
Q. Hand me the next one that is settled.
A. [Reads]: "David Kirk, National Re
fining and Storing Company, 2,000 barrels."
This was settled, and Mr. Kirk got $1,704.-
17 on the One contract, and $5,321.34 on the
other contract, making $7,028.59 in cash.
That is, to the National Refining and &or-.
ing Company, David Kirk, Superinten
dent.
Witness repeats the name of contracts
paid by him, as follows]: J. C. Kirkpat
rick Jr. Co., 2,000 barrels; settled and paid
in cash $4,100. Kirkpatrick it Lyons, 1,500
barrels; settled and paid in cash, $4,000.
National Refining and Storing Company,
2,000 barrels; settled and paid in cash, $7,-
028.59. Simmons & Gildemeister (trans
ferred and' owned by Brewer, Burke Jr,
Co.); Brewer, Burke Jr. Co. were settled
with and paid in cash $3.000.
The next is Wightman tt Anderson 1000
barrels, on which they claimed $2,200, sub
sequently increased it to $2,690, and on
which $2,000 was paid to Mr.Wightman, on
account, until we had time to examine and
know how much more than that sum was
due.
Q. What has been paid altogether?
A. Well, he gave a note for it to,lir. Mo
rino, and when the pote came due I paid
Mr. Wightman. in person the $2,000 in
cash. And so I have paid him $2,000 in
cash on these contracts, and he claims yet
$690, which he says ho wants. That makes
$20,000, and odd dollars. '
A. -yes, sir.
Q.
Q. There arJ some you hive not paid.
Tell whose they are.
A. Well, hero are contracts of Schalk's
for s6,ooo—one of these defendants.
Q. The next one.
A. Contracts of Bunkers Brothers. Mr.'
Grierson of the firm is also one of the de
fendants. Then here . Is the contract of
Badetty, transferred to Miller, that the
$l,OOO in Cash that I sent Mr. Tack, that ho
never deposited. • That remains just as itis,
unsettled.
Q. [By Mr. Cassidy.] That is the one
.you repudiated; that you said you would
not pay?
A. I said I would not
_pay, but Ith Mr.
Tack ought to pay to Mr. Miller;
tainly was not bound to pay it.
(Mr. O'Connor here retires for the pros
out.]
William Gibson Miller, a witness' called
for the Commonwealth, was sworn:
Q. Where do you live?
A. In Pittsburgh.
Q. What is your business ?
A. A clerk, sir. •
Q. For whom?
A. In the employ of the Eurka Insurance
Company. f
Q. Were you present at any interview
held at the corner of Market and Water
streets, Pittsburgh; between Mr. Theodore
Tack, and Mr. , O'Connor, and Mr. , Finnejr?
A. Yes sir; there were some meetings
held there between those gentlemen, in the
office that I am employed in.
Q. About what timel
A. I don't remember, sir, the time; I
have no idea.
Q. Do you know what the subject was;
what the meetings were about?
A. Oil. • -
Q. Making contracts for oil? ,
- A. Yes siri,
• ['By Mr. O'Brien.] What did they say?
Mr. Mann. You said “oll," Mr. Miller.
That comprehends a great deal.
A. Yes sir; that was about the burden of
the conversation—pretty much. - • 011 and
its purchase aralsale.. -
Q. -Did you hear any of the conversations
and any of the statements of the parties?
A. Yes sir; I overheard ; conversations
onceOr t L •
• Q. I want you to relate what Theodore
Tack said to O'Connor in regard te - giving
him control of it, witatever it'
Tbieet6d-Vr 'Mt said
.rorda elm to e
ithion the' subject - of relying upon tie Ira
! cit i* -
40 Wed to.l
•
Q. What was said about relations exist
ing between these parties? State__ what
Theodore Tack said about it.
A. I could not state the entire conversa
tion of Mr. Tack on the several occasions
that he was there in the office; and I have
heard him on. one or two occasions—one
certainly I know of—state that in this mat
ter of purchasing . oil they must place im
plicit confidence in him; that he was better
versed in the minutiae than they were, and
that they would have to rely on him; if they
went into the business at all they would
have to rely on him—lea"ing me to sup
pose, giving him entire control of the
matter. ' •
Q. What was said, on the subject of their
interests?
A. Well, they we
together so far as ti
were concerned.
Q.'[By Mr. Cassi
A. That is about.
)Q. [By derts] Ai
A. 'Well, he said
implicitly on him;
of the matter, an
bility of their lo
them timely wa
cover themselve :
boat together; I
made money; an
all lost money t
I understood th
cation.
Q. [By Judge
the word "they"
A. Mr. Tack,
- Finney were tb
that time, with t
Q. [By deft's.]
Office ?
A. This was in \ _
lice.
Q. Were you not a clerk in that office tn
that time?
A. I am a clerk there of the Eureka In
surance Company. I drati my pay from
the Eureka Insurance Company.
Q. Was Mr. 'Finney employed at the same
office?
A. Mr.. Finney is the secretary of the
same office. lam a clerk in the same of
fice, sometimes called assistant secretary.
Robert Finney, a witneSs called for the
Commonwealth, was sworn.
[Examined by District Attorney Mann.]
Q. Where do you live?
A. In the neighborhood of Pittsburgh.
Q. Were you present in Pittsburgh at an
interview between Theodore Tack, of the
firm of Tabk, Bros. & Co., and James O'Con
nor, when the conversation on the, subject
of entering into contracts to sell oil• came
up?
A. Yes, sir; I was at several interviews.
Q. Will you begin now at the first con
versation of which you have recollection,
early in June. State the arrangete_ent pro-
posed, and what was said.
A. I cannot give the several dates of the
interviews; I can. only give the general
tenor.
Q. What month were they in?
A. In June, 1867, followed by some in
July.
Q. Do you know of any arrangement be
tween these parties?
A. I do know that Messrs. Tack, Bros. &
Co. bought a considerable quanpy of oil
for and in behalf of James 0' nnor, or
agreed toaell. rather [to protect myself.]
Q. [By gr. Cassidy.] Do you know that
from the Tacks?
A. Ido from the Tacks, a d 1
from per
sonal knowledge. I'
Q. What? -
A. I know from the Tacks, and being
personally present.
Q. I ask, were you 'personally present
when the arrangement was made? -
A. I was.
Q. Tell me what occurred, and what you
know about?
A. I kneWr that Mr. Theodore Tack ad
vised Mr. O'Connor and myself to enter
into contracts for the sale of oil during the
then balance of the year 1867, and for
several specific or specified months, at cer
tain prices, ho to act as Mr. O'Connor'S
broker, who was the party appearing for
both Mr. O'Connor and myself. For that
ho was to receive, or their firms were to re
ceive, a certain commission.
Q. In connection with this, do you know of
any statements made by Tack to O'Connor_
and yourself, in regard to the relations ex
isting between you, of confidence or other
wise.
e all in the same boat
.
ea individualinterests-
y.] This.what he said?
hat he Jia_id; yes, sir.
e those the exact words?
hey would have tenni) ,
give him - entire control
if there was any. possi
ng- that, he would give
ing by which they might
; they went in the same
f- they made money, they
if i they lost money they
igether. That was the way
matter from the conver-
Brewster.] To:, whom did
refer.
Mr. O'Connor and Mr.
e only parties present at
e exception of myself.
I This was in Mr. Finney's
the Eureka Insuranee of
A. A great many, sir,
OJI,-State them.
(A. Mr. Tack told me that when I` ofto •
know;him better I would understand that
lie-Ni - as worthy of the confidence that he
desired me to repose implicitly in him;
aaiured me, O'Connor and myself, that in
order •to make any•nioney in these con
tracts we must repose, entire and perfect
confidence in him; that he would
manage the whole affair for us and that if
we lost, their firms would loose infinitely
more ; they were in the same boat with us.
Q. What statement, if any, did Tack
make in regard to their own condition as
to being "short" or "long?"
A. That they wereselling largel "short
y "
of oil.
Q. What was the amount of commission
that he, was to get?
A. One and - one-half per - cent.
Q. This was Mr. Theodore Tack ?
A. This was Mr. Theodore Tack.
Q. At Pittsburgh?.
A. Yes, sir.
Q. hovi much would that amount
to?
A. Well, it depended upon the figures,
sir; I never made the calculation myself. •
Q. How many 'barrels of oil were sold
under those circumstances?
A. 16,000 barrels.
Q. What would be the commission, at
the ordinary price, on that?
A. Somewhere in the neighborhood of, I
believe, $3,000; it is easily footed up.
Q. What did Mr. O'Connor say when Mr.
Tack said that O'Connor - implicit con
fidence in him, and he wanted you to have
the same when you knew him better. Did
Mr. O'Connor assent to that proposition?
A. He assented fully.
- Q. Did or did not Mr. O'Connor place im
plicit confidence in him? What did he say?
A. He said, "You had better take care of
me, old fellow, I assure you"="Mr. O'Con
nor said. And then he went on indulging
In some badinage in referedbe to a lady's
name being introduced, and I don't care
about repeating that.
Q. Now; if you knowthe relations of in
timacy or otherwise between these parties, I
state them?
A. I do know that they were of the
closest character. Prior to the pleasure of
an introduction to Mr. Tack, Mr. O'Connor
had always spoken of him to me.
Q. If you know of the Mations between
these people state them. • •
A. Well, I cannot conceive of two gen
tlemen being more intimate than were those
two gentlemen at the time I made their ac
quaintance.
Q. When you speak of "intimacy," do
you mean kindly intimacy?
A. Certainly, sir.
- Q. Toll the rest in regard to these trans
actions. You went in?
A. I•went in—yes, sir—with the most of
iese transactions.
Q. Put implicit confidence in what he
A. Yes, sir. _
Q. And M.r. O'Connor did the same.
A. Certainly.
Q. Now state what interviews you had
with Theodore Tack, &c.
A. The iirstinterview, I think, was when
he returned from Philadelphia that I had
with him. I had an interview with him in
Mr. O'Connor's presence ' and he spoke
then as if he had thought there was no ul
timate anger to success in the result of
dur contracts. _
• Q,. That was July 9th!
A. July 9th or lftb
Q. Was anything sad ia . - regard to sett.
urea in 'Philadelphia, on account of - the
change that had taken place? •
A. We - had' Tirousiy I think, some:
knowledkuoAtb,rise seisnre". Ihada letter
Q. ate Yoil seen idr.. 4 ilacit'shiiiidt
11,:. Nor iii:the panda O?:14,,,`"Ilrodor,
• ,L 1 'I..
iJ 41Lt
Q. After you heard of these rumors and
all this sort of thing, what account did. he
give you of the condition of things?
A. That there had been an attempt at
"corner"—a "corner" which had been par
tinily successful, brit which had bursted;
that the price of oil had also 'been: excited
by the action of General Cummings in seiz
ing a large quantity of it here, nearly all
refined oil; that his brother, Augustus H.
Trick, had gone to Washington with some
of the oil men here and they had succeeded
irrhaving most of the oil released. That
was the substance of it.
Q. What did he say in regard to the fu
ture condition of tilt, market with reference
to your interests?
A. That they would be -very careftilly
guarded, that they were all right.
Q. What 'did he, say as to, the future price
of oil; what the market would be? • .
A. That the price could not be maintained,
in his opinion. At one time he thought a lit
tle differently—at one of these interviews—
and spoke about the °allure of the rape seed
crop, which might have the effect of -ad
vancing. the price of petroleum. "Rape
seed" is some oil that comes into compe
tition as an article 7ith refined petroleum.
Q. State the interviews you had with
Tack and what was said.
A. Well, he corrected that with his later
advices and informed methat there had been
no failure, that the European markets
wore filled oil and that the prices could
not, in his opinion (and by his advice we
acted) could not advance.
Q. Did he say any thing in regard to his
own contracts or his own condition at that
time, where his firm stood in this Matter ?
- A. Always with us; if they lost, we lost,
if we lost they lost still more heavily.
Q. Did you subsequently come to Phila
delphia in regard to this matter.
A. Yes, sir.
Q. Did you see Mr. Augustus Tack hero?
A. I did.
Q. Describe your interviews with him?
A. On the evening of the 29th day of July
1867i - Mt. James O'Connor came into the
Continental Hotel and told me he had had
a remarkable conversation with
[Counsel. Never mind.)
Q. Your mind just left what I asked you
about ?
A. I saw 111.! Augustus Tack—l want to
speak .hitelligibly—Mr. Augustus Tack
then in my presence:—
Q. Where did you first fall in with him?
A. At the. Continental Hotel, on the
evening of July 29th.
Q. Did you go with Mi. O'Connor to see
him In the morning ?
A., Not ou the morning of the29th, I
think-.-yes, I did ; I beg your pardon. It
was on 'the evening of S'unday that I first
saw Mr. Tack at all—either Saturday or
Sunday. Then I went on Monday morn
ing triklack's office. Then on that evening
I met Mr. Augustus Tack at the Contineb
tal Hotel again.
Q. Where did you first see him to have
any conversation with him?
At the Continental Hotel. He called
there to see some ladies.
Q. Did you see him?
A. I saw him.
Q. When did you next see .him?
A. On Monday morning follovying—the
morning of the 29th.
f Q. When did you next see him?
A. The evening of the 29th.
Q. 'Where?
A. At the Continental Hotel.
Q. Relate what occurred at - that inter
view—on Monday evening, was it?
A. On Monday evening. He made a di
rect-proposition to Mr. O'Connor to place
520,000 in his hands (the hands of the firm)
as one of the party who should obtain the
control of from one hundred and fifty to
two hundred thousand barrels of oil at
Antwerp and put up the prices of oil there
and - re-acting here.
C. Did he mention the names of any per
sons who would go into that?
A. He mentioned the names of Emil
Schalk, of Brinker Brothers, and of Shefder,
their own firm also included.
Q, Their own firm was Tack Brothers dr
Company?
A. Was ono of the party; yes, sir.
Q. What else did ho say? State what you
heard at interview.
A. In consideration of Mi. O'Conner's
goinginto this arrangement, he was to do
the best he could to obtain a release to Mr.
O'Connor of the amounts that were approx
imately due upon the contractsLthat had.
been made by his firm in Pittshurgh.
Q. How ranch money did he name?
A. There were only estimates made, sir.
Q. Well, about?
A. $14,000 of $15,000. - :
Q. Did you go around and see him in the
office next day ?
.4. Yes, sir.
Q. What occurred next day?
A. Re showed O'Connor and myself a
dispatch friSm Bunker Bros. dr, Co, of New
York; to effect that. Mr. Schalk, Sheplar
anti they themielves had gone into the
proposed . "
. Antwerp arrangement for 8000
barrels apiece, and desiring to have per
mission to draw upon Tack Bros. & Co., at
eight days, for their $.16,000.
Q. What did he say in regard to this "ar
rangement," or "ring," or "combination?"
A. He stated that.
Q. At that time was there any thing fur
' ther stated, any inducements? If he used
any language to inforce it upon you, or any
thing else, describe it.
A. Well, he spoke both upon the even
ing previous and that mormng' as to any
possible or prospective losses of Mr. O'Con
nor and myself, being mere flea-bites to the
advantages that might be obtained by go
ing in and consummating this Antwerp ar
rangement. .
Q. Did he say anything in regard to his
business, in connection with that sort of
work?
A. Yes, sir; he spoke decidedly upon
that subject.
Q.. What did he say?
A. He said their firm did not profess to
confine themselves to a strict brokerage
business; that the refiners were well aware
of that; Mitt they did not have such a great
number of refineries, Such for instance as
the firm of Waring d: King, and that they
frequently operated in "bulling" and
"bearing." ,
Q. Will you state to the jury what "bull
ing" and "bearing" is?
A. "Bulling," I believe, is 'an effort on
the part of the operators to influence the
market price of any article upward; "bear
ing" is to depress it.
Q. Did you hear Mr. O'Connor's testi-
11M
molly? -
A. I did; the most of it; not all.
Q. Did he [Tack] say any thing in re
gard to a previous "ring ?" If so, what?
A. He told Mr. O'Connor that Mr. O'Con
nor had more knowle aboutthe “rings”
than he had; that h ead beenin many a
one..
Q. What did O'Connor say to that?
A. Mr. O'Connor intimated to him pretty
strongly that he hadtrbeen misinformed,
that he did rot know what he referred to.
Q Tack replied to it? Did he explain or
say anything about it ?
A. No, sir, I do not remember. The con
versation was of a trivial character, and did
not impress itself upon my memory.
Q. What was said on the subject of going
to Capo May?
A. I do not believe I heard any such con
versation, sir. I understood subsequently,
I did not hear any (conversation, sir, that I
remember.
Q. Did Mr . . O'Connor go to Cape M a y,, or
not? •
A. Ile did., _
Crass-examined by Mr. O'Brien.
Q. Yon have fixed with some degree of
certainty the date of that conversation at
the Continental Hotel. Can yon- now fix
with any degree of certainty . the -
converse
'lion in which' the failure of the rape seed
'crop was mentioned?
A. I cannot, sir, at all, deflultely, except ,
that, it was after Mr. Tack's return from
You stated that that' was about the 9th
or lOtli of Ally. There was a Sunday in ,
the 4:p.testkail
Axe ,
A. •roXt Ad thlokhag P'C9 l / -
ofoei testimony ! • • :
tidnking' of iti; At.Wwitixw
view of bringing to your recollection the
qame occurrence. _ • I
A. I don't remember, sir, that date.
Q. It was certainly prior to this conver
sation at the. Continental ? •
A. 0, decidedly.
- Q. About how long?
A. I could not fix it. Sonic two or three
or four weeks possibly. I
Q. I understand you to say that Mr. Theo
Tack was somewhat alarmed - about the con
tents of this information from Europe aboui ,
the rape seed? -
A. He thought that might affect the
price. . /
Q. Raise it ?
A. Yes, sir.
Q. You also stated that afterwards he v.,
peared to change his mind as to the iniluJ
ence of thatfact, ?
A. Yes, sir. :
Q. How long afterwards? • 1
A. A very short time. - .
Q. You are ' familiar with the oil opeta ,
tions? • • , I- _
A. Unhappily, I know too much abdui
them. ,
Q. I mean prior to your entering into he..
gotiations with these defendants? - 1 . •
A. I have had other contracts. ,
Q. How long previous to six months 0 a
year? . . •
A. No, not so long. I think that Id •
agreed to buy some oil that year as earl *
March. i
Q. You are familiar with the modus *F4
andi of these operations—the "buyer's 41p:
tion, notice," ikeß` t
A. Yes, sir. - •
Q. In these ventures you relied uptin
your own judgment? ;
A. In some of them . I did. . I i - ,
Cr. You lived at the headquarters of ail
these operations, Pittsburgh ? 1 1 I
A. I lived at Pittsbugh; yes, sir. .Itra4si
acted business there. 1
.
'Q. Most of the refineries are there?
A. .A great many of them; I cannot saY
how many. i 1
Q. You had other contrasts , I presume__ 1 i
A. Yes sir. : I
Q. One.with Mr. Schalk?
A. Yes, sir. 1,500 barrels, I. think. ,I,
Q. And Schalk, the defendant hero, sued
you at Pittsburgh, on that contract? i 1 1
. A. Yes sir.
'Q. And you put in an affidavit of
'fence? • i
A. Yes sir.* • ..
Q. Have you been active fin getting ii
this prosecution? • .'.., •
A. Not particularly •so ; I- have take '
comparatively little interest in it. , ‘
Q. Have you not a large interest in AS '
suit? - - ~
A. In the matter of-dollars and cents, y,sir.
Q. You are a joint partnei with Mr. 91
Connor hi all these ventures?. i
A. Not in all.
Q. In any of these 10,000 barrels?' ,
_ A. In several of them. 'Ellin a partner;
in a great -majority of themi but I do net •
remember without having reference to sl
list, that I have not now with me, whetheq
it is one, two, three or four. with
my formal
testimony I said, "Badetty land one othei
contract ;" I think I was iki little in errA
in that. i' 1 1
Q. Have you and Mr. O'Connor had ivtE
quent conferences about the mode and maul
ner in which this prosecution was to bo
conducted and other matters connectett
with this prosecution, both 'here and in
Pittsburgh ? . . i
1
A. Well, sir, I have most generally beer 4
advised by, Mr. O'Connor ht steps that hd
had already taken before he asked my °pin!
it
ion or advice with reference to them at all
Q. Had You not had conferences with u
4
•
before any - steps were taken as to wha ,
should be done?
A. Yes, sir. -
Q.Have you not contributed m?ney Vt.-,
wards the expenses of this prosecution?
A. Not one dollar.
Q. Have you not agreed to do seq . I• 4 i
A. I- consider myself bound to share
O'Connor's net loss. • ' 1
Q. Do yon consider yourself bound
share equally your proportion of the e
penses of this prosecution.?
A. Yes, sir.
• Q. Then, as I understand you the ei*
penses of this prosecution come in whei
you make up the estimate of the net loss? ,
A. I have never inquired into the pros
pective details; I was just awaiting
final results. . f
Q. What do you mean then by the nioti i
loss? • .1 •
A. Whatever the thing may finll
amount to; whatever Mr. O'Connor i 4
eludes in his account. ,
Q. [By Mr. Mann.] You and Mr. 0 1 0*
nor are friends, I suppose ?
A. Yes, air. .
Q. [By Mr. Cassidy.] Why did you flop,
put your name in the contract?
A. Mr. O'Connor was giving It all hie
personal attention. . I should hays done It -
if I had been asked to do so.
Q. You gave it to Mr. O'Connor?
A. Mr. O'Connor attended to it. I did
not think it worth my while. And it ;le
frequently the case for persons in business •
to give—
Q. You had, no oil to seal? ' a
A. No, sir. •
Q. Yon were not in theoil business? You
went in to take your chances for making
money ?
A. Yes ' sir.
[By Mr. Cassidy.] Who commenced
the first conversation upon the subject o'
oil—you or Mr. O'Connor—with Mr. Tack?,
The first remark§ were always with whore,
A. Well, indeed I don't know. •
Q. Don't you know it was Mr. O'Connor?!
A. With reference to the purchase of thisi t
ail—l don't know who commenced the con-1
venation, to speak positively., f
W
Q. You don't know that remarks ere \
always first made by Mr. O'Connor?
A. I don't know that fact.
Q. And you have never so stated?
A. I don't say that.. I day that I don't
now remember that I have ever said so or
how those conversations commenced. Mr.
o'..Connor introduced this whole subject of
this oil matter to me himself.
Q. What was said when you and O'Con
nor and Tack did meet?' -
A. That there was no oil to be delivered.
Mr. O'Connor tried to impress that, strong
ly upon Mr. Tack.
Q. Yon added other phrases about (ft
edged checks?
A. Yes, sir. •
Q. Where are they? . The jury were tint
there.
A.. In making these contracts Mr. :O'
nor told Mr. Tack"now. I wish it distinetly,t;
'understood that there is no oil either tobe
given or taken, that ; the differences are ;:to
accounted for by us either in cash or •Iv 1 41
one of your gilt-edged cheeks." L 4.4
Q. Neither you nor Mr. O'Connor hid
any onto deliver or sell at all?
A. No, sir; we did not have any. ,
Q. Have you not sworn, on your fired
examination, that the first remarks were
always from Mr. O'Connor? . k a t
A. I don't know that I ever did; I 'have t
no remembrance of it.:•2". ;
WILLIAM WICITITAAN, a witness called
by the Commonwealth, was sworn. • t
A. I live in Pittsbargh;T am, now a pe
troletun banker, and was formerly engag
ed in refining.
,
Q. What were yoU in June and. July iSt
A. Well, I was a refiner then.
Q. What was the name of your firm?
A. Allightman & Anderson. ?„4.11.
Q. What was the nal* of your refinery? PO.
A. Eagle Oil Works.
Q. Was there any offer or paper Shown
to you desiring ,youktenterinto an arrange- •
ment to raise the Trite of , oil in Antwerp?
A. Yes, sir; there was. 0'
Q. Who was it produced the paper?
A. Mr. Emil Schalk., ;
Q. What names Were on it?
A. Tack Bros.. Brewer, Burke & Co. and
Dilworth. , : •
• Q. Tack Bros. forhow much? I',
- A. I think, it was 8,000 barrels.
, ,
kCONTIITED TO-1401111.0W.)
•
Local Iforwar.eZmu our. SoYenth,pme will
be,tbn4d Local bdelligepo i thole:mita and
„
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