A
tbe litt,slrugt Gairttr.
11l
THE VCONNOR-TACK- CASE
• • '
Court of Qua: ter Sessions.;—Hon. F. Carrol,
- .Brewete.r.-AsFoclateJwitice.
To-day we resume the publiCation of the
testimony educed by the Commonwealth
in the trial of the,ifesm. Tack Brothers for
conspiracy, now gbing on in Philadelphia.
The proceedings published to-day will be.
found very ipteresting, and, will amply re
pay the reader's careful perusal:
[CONTINUED FROM YESTERDAY.]
•
Q. How much,margin?
A. The margin was to be, two dollars a
barrel while it was called for.
Q. Emil Schalk how much?
A. 6,000 barrels.
Q. Haw much did theywant you to take?
A. They wautedme to take three or four
thousand.
Q. Who am
A. Schalk.
Q. Did he tell you who was in it? •
A. Well, he said-there were several go
ing to join them and buv oil in Antwerp.
There would undoubte4y be a profit in it.
Q. Please tell me the substance of the
paper.
A. Well, it was articles of agreement.
It read thus, " We, the undersigned, agree
to purchase the amount of oil set opposite
our names."
Q. Did it state_where they were to pur
-
chase?
4, • A. I think it said at Antwerp.
:,. Q. How much margin?
1 A. Two dollars a barrel, provided they
were required. -
_
Q. What names did Schalk give you as
those that were in already?
A. Well, I-don't know that he mention
ed any particular _names; he said there
, were several parties in New York going to
! join it. -
Q. Did you need or want to buy any oil ?
A. I would say here that I was a dealer,
• as well as a refiner.
Q. Did you subscribe?
A. I did subscribe. •
Q. For how many barrels? -
A. Four thousand barrels: -
Q. Did you put up the margin?
A. If it was required, we were to pat up
- two dollars a barrel, but I never was asked
for_the two dollars.
Q. You never put it up? • -,
A. No.
Q. Then you were in the enterprise?
. A. Yes, sir; I was at the time "short in
• oil:" oil was very high here, and low - in
Antwerp. - - •
! Q. Yon thought to equalize it, did you?
A. Yes, sir; I had contracts here to fill at
• i very low prices and had to buy at very
: high prices, and ' I
thought itrall probabili
ty one would "offset" the other.
Q. •You did.-it?
. , A. I never heard anything more of the
Antwerp after I signed it. •
Q. They left you out, did they? •
•A. So fares I know, they have.
I Q. They never paid you your share?
A. No, sir. I signed the name, anyhow.
. Q. But you never got any - profits?
A. I never gotany profits.
Q. Have you not claimed it from them?
-i -A. Well,..i..have heard it talked of.
' [District Attorney offers to prove that
this 'witness claims his share from these
- i parties, and that they declined to give him
what.was coming to him from this enter
- prise. Objected to. Objection. sustained.]
Q. [By Mr. Mann.] What become of
that paper after Schalk showed it to you?
A. The last ISW of the Paper was then;
I never afterwards saw the paper.
•:_._
,•,___, ~.. .....__
•' 1 Cro&s-ed..summem. uy Aux. DIUGEUT.
'I
, this, Q.
'ln
the
? first place, tell us what time
occurred • ' • - ,
Mr. M ) ,..u.sus:'. One moment; who else was .
I present at this?
i A. Charles Burk, I think.
:I Q. Any body else?
1 A. I think not.
• Mr. IludEnr. - Please tell us the date of
this intersictuputeak 'of.
A. Well, it was in August sometime—
]
. about the middle of August.
. - Q. Where abouts? '
A. On Duquesne Way.
3 Q. Where did you first hear of any such
proposition? Or of purchasing oil in Ant
•l werp, and from whom?
I A. Charles Burk was the first.
~ Q. Where?
A. On the wharf, Duquesne Way. '
' Q. Where did you next hear of it?
A. From Emil Schalk.
1,
him Q. ?
Where did you next hear of it from
•
A. I never heard 'any more of it. .
wa rm s?
Tell us exactly what that proposition
A. It was drrwn up in lead pencil, a kind
of agreement.
Q. To purchase oil in Antwerp?
A. Yes, sir.
Q. Yon were going on, lost all the reason
of the arrangement. You had stated about
the relative prices of oil here and at Ant
werp, and that you were "short," and you
pleaded to go into the Antwerp market to
purchase. State what all that amounted to.
What was the arrangement? What was
the price of oil here at that time?
A. Thad lots sold here at twenty-two and
twenty-three cents.
Q. What was the price at Antwerp, lower
or higher?
A. At that time it was lower, or about
the same price, bt% the price of oil was
some twenty-seven or thirty cents.
Q. Consequently if you had filled your
contracts, you would have had to go into
the market and buy at thirty cents?
A. Yes, sir.
Q. A less of what?
A. Twodollate erthree dollars a barrel.
Q. You found you could purchase oil in
Antwerp at twenty-three cents, about the
price or value you had agreed to furnish it?
A. Yes, sir. •
bleQ. And lot; thought it - would be profita
?
A. Being - a dealer, I thought there was a.
profit in buying there.
Q. And you makeup your losses here ?
A. Yes, sir.
Q. Was that the purpose of the arrange-.
ment ?
A. That was `l4 purrs:mi.. I didn't know
the purpose of the others. Mr. Schalk ex
plained that oil was much cheapet 'there
than here, and in all probability• it would
rise there.
Q. Itaisi3 there . up to - the : prises of the
home market? • -•- . •
A. That was the general impression.
ifx,'ln any case your did not,'exikeet the
market here to get any lower, - and' ex
pected the Antwerp market to get up to it?
• A. Yes, sir. •
Q. Therefore it was profitable to go into :
that market ?
'A. Yes, six. ? -
Q. And Pnrchase'te Make jrourielfequid?
• A. Yes, sir.
• Q. You are a refiner—could oil have been
Inannfilvittred.aithat:time thp - iprice.ymt
could have purchased it at Antwerp.
A. No sir, it could not. ,
Q. In other *bids; ft waircheaper'b4) ibuy
at Antwerp than to make it here? •'T
A. Yes, sir: ,
Q. It was also cheaper to buy in Philsdel
plua than to mal co, it here?
• 1.
was also cheaper to buY , m Pidla
delphia than to,nykke it, at the refiners in .
Pittsburgh? •
'ft - Were net all 'clie'rbtlbertt,'br Yilost of,
them e short of prude oil at that time ?
A. I 'don't` know about "short" in oil.
- Q. Ilown?any refiners are there in Pitts:
A. Etuim6itny - o'r . ;.,1 5.1, ,
Producitiorffilveepv --
Q.' Ho*liiitall ilitiiialt,iunolint to? spent?'
•
A.
sand bitrreig
''Watinot ah - Oitiie that time;'
an apse
We tfi pi z y k 4t.lhe,
- log VT AP-UP P
• 1, j:niilPr
• • • ••• tot ,
: :I,IT “f:.•
°
d ' 0
Q. Then it, is the liabit of Pennsylvania
merchants to send goods from this market
to where they are cheaper than here.
Mr. Cassidy objected.
Question will be drawn.
Q. You had made contracts to sell oil ?
A. Yes, sir. . .
Q. It was your interest for oil .to be low?
A. In July it was.
Q. This engagement for this Antwerp en
terprise, what was its effect, to make oil
higher or lower hero?
A. 'Well, we expected oil-to stay at the
same prices here atict to go' np at Antwerp.
Q. I ask_ yon what NVEL9 the effect to kw
produced . by this enterprise on the price' of
oil?
A. I only knew so far as my awn know
ledge—
Q. Was not the effect to raise the price of
oil; was not the design and unleaded effect
to raise the price of oil? -
A. The idea was that oil would advance
in Antwerp. - -
Q.. Was not the', intention to raise the.
price of oil?
A. If I was interested I would likeito pee
the price go up in Antwerp.
I ask you if the intention was not to
raise the priceof oar
Objected to. Objection overruled.
A. I prektme the object was to bave.oil
advance in Antwerp.'
Q. Wete you to furnish oil here ?
A. I had some contracts here,
Q.- Explain to this; jury how you were to
be benetitted by raising the price of oil?
A. I had sold oil some time before, and
during the month- of July, oil advanced
from twenty three-to twenty-seven cents—
it VMS June r sold oil for July, August, de
liverable at twenty-two. In .the ,month of.
July, it adviniced twenty-seven mad thirty
cents; I had my July contract and I
bought part of my contract in Philadelphia,
back and I had my contract to cover and
looking at the market-saw the Antwerp
market was lower titan the Philadelphia
and not expecting oil to decline. I thought
to make money by buying oil in Antwerp.
Judgeßrewster. You expected - to -Cover.
up your losses at home? •
A. Yes, sir.
Q. You had two's:dap( contracts, you had
'contracts to sell contracts to buy?
A. I had nbont covered my contractS.
Q You thetight t),s , , raising_ Vie 'price of
oil in Antweipthe:parties would haYe to
pby Your, Share?,
' No, pirt
.
Q. NoW, yinfide telling what you didn't
tell before; you told ne that you had agreed
to sell oil' and we ojaer to ocelot '
"A. No, sir. "
Mr. Hagert, No.
Q.' Did you say,sou Wont into these prop-.
' In PbAaer,, J"u l k9 ' . was
. 1 1/Jhort;',! In the liitte!,pOrt Was,
even, X load ItOlight ,at a Innis ',and 'cOirked
ntyicon‘hand rio 40ix 8 40, 4 0
thene , no 4,14 a for',4iitwero. • ,
'O„;..AVIen w ee asked
'44iatiooo.llll#*#rlA:ol;uiiderpoi4tra4' to
tdlidei4ennii ,
ficanyer.r„... 3
.411. I • ,
•.2.1 .1.-
:
t -- G% •
PITTSBURGH GAZETTE : WEDNESDAY. APRILS 4. 1868.
river was very low, as stated by Mr. White
in his opening? What Was the state ,of the
market at that in crude oil?'
A. ,c4Anie.oil,ladadv4aced.-
- mean with . - referenCe to the
Was it now, in Ally' and August?
A. Yes, sir. • •
Q. What was this owing to?
A. The river had been loWthr sometime,
and that was the way we had of getting oil
to Pittsburgh.
Q. There was no rantma at that time?
A. No, sir.
Q. Was it unusually IoW that season?,
A. Yes, sir.
Q. Was it not low much later in the sea
son than usual?
A. Yes, sir; we lad no rise that year. ,
Q. Has not the effect of that to affect the
supply and prevent your: fulfilling- your
contracts?
A. We
.expected, a , rise, but . it did not
come, ,
Q. How did you fulfill your contracts?
A. .I had to buy, oil. •
Q. When did you buy?
A. July, August and September.'
Q. Didn't many others in the trade , have
to do the same thing?
A. Yes sir.
Q. What was the effect of that upon the
market, when you all went into the market
to fulfill contracts ?
A. Every body was anxious to "cover"
up their "shorts" as soon as possible.
Q. All went into the market to cover up?
A. Some staid out. Some took the chances
until the day of delivery. I went into the
market; there was an unusual demand;
prices advanced nominally.
Q. Is that not the inevitable effect of a
large demand, that prices will go up when
there is a short supply? When the oil. is
short and you have to go into the market
to buy, is not the effect to put up the prices
of oil? • .
A. Last year was the first time I had to
go, in. .
Q. What was the effect then?
A. The price wbnt up.
Q. You saw there was a short supply and
a large demand?
A. Yes, sir. .
Q. Was there not a large 'shipping de
mand?
A. lam not so well posted in the ship
ping demand ?
Q. Was it not, understood in the trade
that there was a large shipping demand?
A. I saw the circulars stated that vessels
were loading. So far as I am concerned;
there was a largo demand upon me.
. Q. To supply oil for export?
A. It came to Philadelphia; it was bonded
oil; it - must have been exported, for I re
ceived my release.
Q. How is that?
A. In shipping oil we have to give bonds
for the oil. The oil comes to Philadelphia,
and we get a perinit, and after oil is taken
out of the warehouse in Philadelphia, and
as soon as the oil is ready for the vessel, we
get a release from our bond; . •
Q. Yon know then that your oil , was for
export, for your bonds were released ?
A. Yes, sir.
Q, Do you know- whether that arrange
ment or proposition was ever carried out,
of your own knowledge?
A. Well, I don't know.
Q. You say you were called upon. Do
you know whether.the proposition was ever
carried out ?
A. Nothing but what I read in the pa
pers. .
•
Q. What do yon mean by "in the pa
•rs?" •
A. 'l'elegraphic dispatches.
Q. I understand you say the date of this
as the middle of August? '
A. As near as I can recollect.
Re-examined.
Q. You have said liere there was a de
mand madefor oil for'exixirtation, but you
did not say it was exported, or that it was
taken for export. I want to know whether
that was not a demand made for the pur
pose of raising the price, and not for send
ing away. IHave you not reason to believe
that it was under the color of exporting,
but really for the purpose of raising the
price. .
Mr. Cassidy: It is irninaterial wbat he
believed.
. Q. Mr. Mann argued the admissibility of
the lestive.
Mr, Cassidy in reply said there was no
objection to the • District Attorney asking
this witness if he knoiti3 the fact. If he does
I woul4be glad to have it before this jury.
I deny his allegation that there was n 6 de
mand for export, and I assert that there
was such ademand.
;Objection sustained.
Q. You say for export; you mean' to say
that it was really taken to be exported as
good fail; or do you mean to say itkas ta
ken as if for export?
A. When I sent.in one, lalw.sys expected
it to be exported.::.
Q. Do you mean that. the demand was
rarely for export or as if to be exported? '
A. -That I don't know.
Q. You say. that oil' was cheaper in Ant
werp than it was here?
A. Yes, sir •
EWA
, 7,1.1
• •
• ~..kr.00,4,1:e-
„pr" 3.1•41;
• - *" 'I " ZR.b."*.klong . =no"- .
raz
'''"" • q,"?.'
Q. Were your contracts-to deliver?
A. Yes, sir.
Q. Arai:mil* contract to receive?
Q. An they were about eqto.ly
-anced? • • - -
A. Yes, sir. •
Q: If they were • equally balanced, how
could you lose anything ? •
A. In the first placel. sold'uy oil at low
prices, in the earlyof the year.
part
Q. I was speaking of the future contract;
were you bound in / the future to furnish
oil?
A. I was.
Q. Had you also made contracts to re
ceive oil in the future ?
A.' Yes, sir.
Q. What wasth'e.price you had agreed P,
furnish? -
A. I sold from July to December at 21
Q. What was the price you bought. oil?
A. 25 to'27.
Q. You had agreed to sell at 25?
A. Yes, sir. •
Q. Then you were said to gain?
A. Mr. liagert. It was the other way.
Q. It was to make the people who were
to furnish you pay more money?
A. No, sir. I looked at the.market and
saw it was lower in Antwerp and it was
coming to that time when. oil was expected
to advance, and' not expecting the market
to decline I thought. there, was money in
the arrangement. I don't Of the others,
Q. It was a speculation to make money?
A. Yes, sir. - •
Q. Did you "go alone" or with.others ?
A. Several others—there was an agree
mefit. •
DAVID KIRuK, sivoriz :
Q. Where do you live ?
A. Pittsburgh. •
Q. Were you solicited to go into this oil
enterprise-buying oil in Antwerp?
A. Yes; sir. •
Q. Who solicited you to join?
A.-Mr. Schalk, mentioned it.
Q. Did he show you a paper?
A. No, sir.
Q. Whorwae With him?
A. He was alone.
Q. Did your -see Mr. Tack ? • -
A. No, sir. ! .
Q. He pr . oducad, the paper ?
A. No. si-r. I heard of no paper.
Q. Did he tell you of the scheme?
A. He told me—l met him-on Chestnut
street in this city—he told meinfact I
knew that oil was cheaper in Antwerp than
any place in the world, and that it would
be a good speculation to buy oil there.
Q. Did he tell you who were in it.
A. I think he told me at the time that
there were certain parties who proposed—
Q. I want to know the name of the
parties? -
A. I think he gave the name of—
Q. You say you can't give a single name
he gave you? •
A. No, sir,—the proposition at that time
was simply--
Q. Did he, say at any time ?
A. I bad only one conversation ?
-Q. None with Theodore Tack?
A. No, sir.
Q. None with Augustus Lack?
A. No, sir. •
No cross-examination.
CRARLES LOCKHART, Sworn;
4.. What is the name of your firm?
A. lam in a good many firms—Lockhar*
and Flew, Lockhart, Frew and cu..
Q.- What is your Pittsburgh Houses?
A. These are. both Pittsburgh Houses.
• vil m t Is your Pladelphia House?
Wardgm Frew 1t Co. •
Q. Are you engaged in refining oil?
A. Yes, sir, as Lockhart, Frew ct Co: -
Q. Largely engaged?
A.i Tolerably so.
Q. Do you knoW Mr. Schalk?
A—l do. • • _
.Q. Do you know Tack Bros.?
A: I do.
Q. Were you asked ny either of these
gentlemen to join an enterprise to purchase
or pretend to prirchase oil at Antwerp?.
A. I - wag.
Q. At what time. ..• t •
A. Some time in the summer 0fg.67.
Q. Did you enter or did you decline?
A. I declined.
Q. Tell us about the time you declined
and told these gentlemen that you Would
not go in?
A. I can't name the name of the month--
something along the 'middle of the sum
mer, sometime in July or August.
Q. Who was it you said saw vou ?
A. I saw Mr. Shalk and Mi. Theodore
Tack.
_ Q. Were they together?
Crass-examined: By Mr. Hagert. .
- Q. What (lid they say. to yob ?
A. I don't remember all that was said.
Q. The District Attorney asked you
whether you were invited to go into a pur
chase or pretended purchase, and you an
swered "yes." Say what they said. He
(District Attorney) put it In an ingenious
way.?
A: It was . to purchase and not to pretend.
Q. You have one of the largest refineries?
A. Yes, sir.
By Mr. Mann:
0. Ho said to purchase—what was the
idea?
A. It was to purchase and sell again.
Q. Did you intend to buy it?
A. To buy it in Antwerp and sell it again
there.
Q. When you speak of buying and sell
ing an article, do you , inean. to purchase
and reccive it?
A. Yes, either purchase and receive it or
sell the contract, whichever was the most
convenient or.advantageous. •
Q, The idea was to sell it again?
A. That was implied—no cute , wants to
keep it.
Q. Somebody buys to wse?
A. We dont.
Q. SomebOdy does? .
A. Yes.
Q. Between the people. who buy to sell
and those who sell there are parties who
use?, .
A. Yes.
Q. Would two dollars buy a barrel of
oil?
A. : No, sir; it was to make a margin.
[Cross-examined by Mr. HAGERT. ;
Q. Please explain what is. Meant by put
ting up this 132 as rnarg.in." Is it ' not giVen
in case oil should go down and make *the
party suffer?
A. !rhe party was security—them are who
sell oil on the other side:
Why was the oil . to be purchased ha'
Antwerp? 1
A. 138cankte they thought -the Antwerp
market the lowest market in the world.
Q. How much lower than the market at
home? e "' e.s ` . • e-
A. -Lean't tell elnetly. 4 4everal (mete.
Q,' Therefore ltfwas a piefltableo epeet!la
tlon? -
A. Yes.
•
Q. %%sit not understood that the mar
ket here -was more likely to aditaime than
the Antwerp market• to recede? - • ' -
A. Our opinion differed about that..
Q. That was the reason you declined
going tn? ..re. • , iF
A. - Yes, sir.
,•, I •
• •
Q, Yon exercised your, own judginent.
Q. Was this not based upon the large de-'
A.. I think not; for they were haying too
far ahead,for the, fall months. -
Q. It was not spot , ' oil? ,
A. No,air,.. • •
Q. How .areftheseloreign enies.. - buyers
or sellers option? ..
A.. J. , don't know., ; • • •
Q. What, wan the. ewe of the, eon
iit,that timer - wanit•large or small ??
A. Which inaricet?
•
Q. At. Pittsburgh.: •
A. A pretty fair start. , , 1!t .
Q. Row was the river? ; ; ;
Lo ek w.
Q.,,We theca poi *my, retineitk Oikil
A. - 71
mode
Witt:oer°, : any otnoi
rte. bring
-Ing erode oil exec;
•, ] ,4i f ;
A No other f4twotr?var. ,, ,1-41.
Q 1 alleOrc4l ,
411 9 P01144 upon tip)
'river? A. •
Yest.ldg 1
i; ; •.:: ,
e .
, ,
•
. '
OEM
I=l
AFTEROON SESSION
r • ,J
•
•1
.
ME
Q. How was the weather—was it dry?
A., It was usually dry.. ' - g• • •
( 4,:iWbattirae , does the flee in:tlnSrtver
. -- -.....---m-r.
A. d c eneralliiiriepaiiiber; and fromlbai
time on?' • - • -, •
Q. In 1867 was it .. delayed ? •
A. We had no rise until 'December.
Q. The result •of that was thatithe stock
of crude oil got very low.
A. There was considerable stock of crude
oil, but it was held in a few hands, and a
great many refiners had no oil t all.
Q. In the month of August there not
a large demand for shipment.
A. The demand was very be vy in July
and a great fieal Shipped, 1 thi k.
Q. It the supply was short n the one
hand, and the demand on the ther large,
what was t le effect upon the p ice ?
A. The e ect was to go ti hat is the
laws of the rafie. - • '
Q. [By Dl
~ 111ann.] Was not oil cheaper
in November than in August?
A. I think it was, towards th • last of No
vember. -
Q. There was no more oil in
in November, than in August?
A. I don't think there was as
Q. The ri e
s i
r had not risen ?
A. No, • ,
- Q. No oil, ad come?
A. No, Sir .
Q. What made it lower?
A. I can't tell; there are a great many
things about the oil trade that I can't ex
.
Plain. _ _
[Mr. Mann.] We propose to enlighten
Q. [By Mr. Hagert.l Can you explain the
ecline November
A. No, sir.
Q. Is there not great fluctuation in the
rice in the course of a year?
A. Yes, sir.
Q. Is there riot great fluctuation in the
nurse of a week ?
A. Yes, sir. .
•
Q...lti the coursi3of a day?
- A. Yes. Not so mach in a day as in a
week.
Q. If you know the fact, state . it. This
oil does not come by river. Do you 'know
whether any of it went to Cleveland for re
fining ?
A. There is a railroad connection With
Cleveland "all the time—it don't depend on
the river.
Q. What market does it stiprAy
A. New. York, and a little to Philadel
phia.
Q. Was Ater° dot, in the months of Octo
ber, September, and November, consider
able amounts hipped from Cleveland to
New York, which brought the prices down
in November
A. That I can't answer, as I was not in
New York or Cleveland.
_ _
Q. [By Mr. Mann.] Were you in Phila
delphia on August' 9th?
A. I don't know.
Mr: Mann offered in evidence dispatches,
one of Tack's and one of Grierion's on the
subject of Mr. Lockhart—Aug. 9, and Aug.
14.
Mr. Cassidy objects.
Mr. Lockhart recalled—[dispatch shown
witness.]
,you • familiar with that hand
writing? ' • .
A. I am not--Zwithout the -isaature
would not have recnry-rh-vu it.
M r . taway.aimits that the dispatch sign
oa wheOdore'Tack is in his handwriting.
Mr. liagert admits the other to be in tthe
handwriting of Mr. Grierson.
Mr. - . Mann puts dispatches in his hands
mid reads to the jury.
Q. [To Mr. Lockhart.] Were your busi
ness relations in Pittsburgh extensive?
Q. You were largely in the business 7
A. We handled a great deal of oil.
Q. You are one of the largest refineries
there? •
A, Not the largest but among the largest
Q. Largely and actively ongaged ?
A. Yes, sir.
GENERAL ALEXANDER CUMMINGS, Sworn.
Q. Are you Collector of Internal Reye
nue for the 4th District ?
A. -Yes, sir.
Q, Were you so in July and August, 1867?
A. Yes, sir.
Q. Mr. Forbes is an assistant of yours ?
A. A deputy.
Q. Fatnillar - with the details of the office?
A. Yes, sir_
Q. HaVe you any personal knowledge of
the seizure of large quantities of oil, or of
any part of it, • bound for the city and
switching offthe cars in West Philadelphia?
A. I have seized some lots of oil since I
have been in office, last Summer.
Q. To what extent?
A. Not ,large quantities.
Q.. Do you know the figures and amount
A: I think Mr. Forbes can tell you.
There never was a large amount actually
seized? . . •
Q. In July, or the latter part of June'
what amount had been seized?
A. A small amount at any time.
Q. 'A thousand barrels?
A. At no time a thousand barrels. The
seizure were made with reference more to
ascertain what would be the result of the
seizure on account of irregular shipment.
I was under the impression that large
t - h
aaunts were coining into the city, upon
which the tax was evaded, and I communi
cated that impression to the department at
Washington, and I made , some seizures
with a view to ascertain whether the pro
cedure did not prevail and whether it could
not be - stopped. The amount seized was
-more with a view of testing the question,
and it was generally understood thatiny pur
pose was to make extensive seizures. /inti
mated to several dealers that I would seize
all that came that was not marked .regidarly.
Q. Did you ever order the cars to be
switched off? • • .
A. No, sir.
Cross-examined by Mr, Hagert.
Q. General, when was this you intimated
to the oil dealers that you would seize large
amounts of oil that was not marked?"
A. I think-in June.
Q. What time in June? •
A. I can't tell accurately. .
Q. Can you tell us to whom You commu
nicated thelact. •
A. I had - two or three interviews with
Holbrook . and Morse and one of the Tacks,
(Augustus:) , • -
• Q. :What others?
A. That is all I can re-call. .
Q. Can you re-call what you 'said to Au
gustus?
A. Pretty much what I have said."—that
under the cover of transportation bonds, a
large amount of oil' was -coining into the
Market atid - eswirig taxation,' and Iny;pur.
, pOBl3-VMS to prevent it, andrin purduance of
that I should seize all the oil that was hot
'regularly marked.- •
Q. What was tho difficulty? ,
A. My objectionwas , that it eid.not-bear.
the marks . of - having been a 'bonded -
warehouse. -I said it'shouldxhave been
marked as coming from a warehouse Where
it had been placed.
Q, Was this not , about the latter part of
June? •
MEI
•
A. I can't - tell, but Mr.,Forbes Can tell.
Q. DM Mr.. Tack and 'Other. 'gentledien
call upon you'and have , titu interview with
you•in refbienee to the Matter? •
A. Yes, Sir. can't txtheliMe.
Q. What itriu3 the result!
' , :41.7.'11 wait at that interview I contitipl
cated my views.
1. Q. What didlhey? • • .
A. They avbwed their pumwe to go to
Washington' , and granithwatood they did go.
itoderstodd that the' the' gentlemetVwlto
called at my office went with Mr. Minder--
ttialateheAs a , gentleman :Connected' with
thfoil buainess,perbaps he is , an ott bro
ker.
Q. Where did you get• the intorrnationl'
. 1 Objected to. .., , „
Q. What did he state, vie ,hisl,object: in
going/ -1" • ,
A. To procure a.decon tOtthe dapart
moat, maintairlingflhat, my.- decision was
erroneous.
,i,StvYnallacky Lyon' aelzetEcnira • i
car : tain
numbet , Orrc.Merc.. is 01 vi4-aUhoncih:.the
Vorb oi el v49:B ußieekTuttr;obj eotionst, .•
A. Yes, sir. -
44 ... - AAlunotitkoict oil vaere subject to' - ,
your d al roultimqisilot“ to :make_
I=
rlCr.,..
=I
culty „you seized only a limited quantity to .Q. What sort of transactions? ' :,•
test the question? A. I have had intimate friendly transae..!
A. Yes sir. dons. • :
.--44......77‘144140tui1atteite1tat..17.0-1,1-jutsiotie,dr ta itemMX.4l44l3,4AVleßteiib . ,-,
,-,-.,
..- • • 7,- ....- ;‘,.A.,-,-. 1 -.t;
seize a litieoll,not . nded in a particular , Witness: I will reply. It was principal:Cy::
way? .-. ~. . ::-. ~. , , . -1 a banking transaction. . ' - , 1
knioir bow far I intimated ray I Mr. Ilagert pressed:his right to wase'.
decision, bnt I intimated my determination 1 questions in order to ascertain if this ai•
to maintain my position. Until' the Depart- probable
otirai
sustained.tistion
.
ment at Washington decided. '
Q. By Mr. Cassidy : Did •your subordi- Q. Had you any oil dealings with Mr. 'l4
, .
nates detain oil? O'Connor?
A. I think there was one or two deten- Mr. Mann objects.,
tions of oil for a period. , . Witness. I can answer that question. It
Q. For some considdnible period? - had some dealings. Mr. Hagert argued the -,
A. My deputies could tell that more objection. The prosecution washased upon;
definitely. the theory that Mr. O'Connor was an intro-'
Q. Wlio are they? ,
cent confiding man, who put himself in the !'
A. Mr. Young could tell. - hands of these men, that he was ignorant ,
WILLIAM F. FORBES, sworn. ' . of these transactions. The defence want to .
'Q. Yon are a Deputy Collector of the show that 1 e was not such a man. He was
Fourth District? a shrewd an, who had had dealings in oil
A. Yes, sir. ' and was no in a position to be cheated and i
Q. Are you able to say how much oil defrauded oy these men. -.
was seized in the month of June in your Judge Brewster. This will be proper j;district? • • when the defence call their witnesses. •
A. Yes, sir, I have the official record Mr. Hagert proposed further to show that
which I keep. 160 barrels Belied in June Mr. O'Connor, and this
witness, and certain-;
and July, of which all but 67 barrels were other parties in the city, formed a combi- -
seized in June. nation, "a ring," to buy oil stock, in order;.
Q. How many belonged to Tackßrothers? to show that Mr. O'Connor haa• knowledge
A. We can't tell who the positive owner of "rings," as Mr. Tack told him.
.
of the oil is, can only tell to whom it was Judge Brewster. That falls under the ,
consigned,
previous objection. ' .
Q. To whom was it consigned? Mr. Wightman recalled.
A. Tack Brothers.
Q. I want to ask ou exactly ;
Q. How many barrels? done about the note y
to Mr. Marino?what was
A. Three barrels. A. He handed me his check. • '
Q. A barrel contains 40 gallons? Q. What did you do with its
A. Yes sir. A. I drew the money and took it home.
.
Q. You don't know of any shock pro- Q. When' he gave you the check, you
doted by this? gave him some paper? t
Mr:. Cassidy. Never mind.. A. I gave him a note at four months.
A. I don't know anything about it one Q. Did you receive notice of that note?
way or the other. A. I did. i
-1
Q. How log was it before yOu released
.Q. Did you pay it?
them ? A. Yes, sir.
~
A. I think they were allowed within one Q. You went to the bank and paid $2,000. t
or two days to be taken to the -warehouse, 'A. Yes, sir, .
• •;;
with notice that they would not be allowed Q., Where did you get the $2;000?
to leave until the question wase decided. A. From Mr. O'Connor.
We took possession of it first, but . the time
was very short.
Q. Then the transaction resulted in gig - -;
Q. Did you switch off any cars, or do you ing a piece of paper and getting $2,000, and :!
know of any such violent thing? then getting this piece of paper? First, you
A. Not that I know of.
got that $2,000, and gave this note that you.:.
gave to the, firm; after that, was it under- !
Cross-examined by Mr. I - laciarer:.--
Q.-Just a date—this seizure ? stood that you were not to be pressed l '
_
A. 25th ofJune. •'t for it? • ~A- - .tl
. Mann :,--When was it released? Mr. Cassidy. Neverminil that.
A. Same day. I meant it was allowed to Mr. Mann. That is all, then. r,!
Mr. Hagan.
,Ask the proper question. c:
go to the warehouse until the question was
decided in Washington.
111 r. Mann. No, I won't ask anything
t.
Q. When was it decided? .
about i.
Mr. Mann offers in evidence dispatch
A. Within a week.
Mr. Hagart :—How was it decided ?' '
Jta Y 6 ' 1867 '
[Objected to—not in defendant's hand-
A. Adverse to the Collector.
writing.
Mr. Mann :=Have you anything on rec-
Mr .11iann offers dispatch July 3,1861. :,
ord to show when it was released? -' . . ,
[Writing acknowledged; but objected to i;
A. The decision of the Commissioner is
aft long after the date of the alleged con- :.
dated July Ist; and the oil was released ft- .
. spiracv.
nally July sth. '
Daniel L. Miller ---- .1" - ' nca— T arn P at ch
Q. Of that oil seized as a. test question, it
shownl : ---'
included these three barrels? r,_...--wstrit you to look at this , dispatch. '
A. Yes, sir. - - Are you familiar with the writin
Mr. lagart :—Until that decision- -.'''. " Pzi know g? Do you
Emil Schalk? •
oil in the market in. t- 1 —• --- • Tar was liable to A. I know him. • . ~
seizure ?
Q. Do you know his handwritin
.. .t_ aluarwa..; the opinion of the Collector. g?
A
A. I think I do; I have-seen his writing ~
VOUSTITS MERINO, sworn . .
- ,
Q. Did you pay any money on account of frequently.
Do you
Mr. O'Connor in regard to taking' up con-
Q.
h is
that that believe, from your knowledge, his writing?
tracts for oil?
A. I did. .
A. I would not affirm that these ant! his
,
Q. How much ? signatures, but I think they are. I have'
seen considerable of his writing, end ,be-
Q. Can you state the parties to whom you •
. A. $16,000 and upwards.
lieve I know it; I may say I do know,„
paid it?
Mr. Cassidy. Did you ever see him write? .;
A. Yes sir. A. Yes, sir. ~• ; ,
Q. Tell us the parties and the amounts. Q. When and how often?"
A. I gave my check to Daniel Burke, A. I have rarely seen him write.Q. More than once?
.ly but I think,!
dated September 19, for ei,704.43. On Oa
toner Ist I paid a check to the same order
A. I won't say positive • •
.
for 85,02.3.7... I paid a check twice. ,
'September the order of Wightman &An
on the 21st of Q. You say upon that that you knew his .
to
derson, for $2,000. On November Bth I paid a writing. . • - -
check to Messrs. J. C. Kirkpatrick & Co., A. IliaVe seen contracts of his. '
Q. How did you know it was his Writing?
for $4,100. On the same day I paid one to .
.1... He told me it was his contract.
Messrs. Brewer, Burke & Co., for $3,000. I
Q. Did you know it was his writing?-
think that sums 816,028.15.
-A. No; upon that presumption, I don't 1
Cross-examined:l3y Mr. Hagert.
-Q. Who settled these contracts with the know anything!
Mr. Cassidy. I tho
several parties? I don't mean who ac- ught so! ,
tually handed the money over—who ar- Air. Mann. Whatis your belief upon the-
ranged the terms, you or Mr. O'Connor. subject of that being his writing?
A. I arranged the account 'of Messrs. ' A. The ink signature ,I have no doubt is ;
Brewer, Burke & Co. personally for $3,000, hist but the other signature I won't say
also that of J. C. Kirkpatrick - for $4,100, positively, but I think not; the one dated
both of the-date of September 6th. . July 25th I see is in hiswriting. .
•
Q. Who arranged the others? l.
1 11 r. Cassidy renews •his objection.]
office A. In my I paid Messrs. Wightman. Mann offers in evidence—
& Anderson $2,000, and received their note Dispatch September 7, 1867,
therefor. The account of two checks'given • " July 25 1867..
to to the order of Daniel Burke, fer $1,704.43 .: ,
September -- 1867,
I did not settle. . September 18, ,
1867.
Q. Did you make these arrangements un- JJul yB, 1867 . - •
der the instructions of Mr. O'Connor? • July'. 0 7, 1867.
A: Under the instructions of Mr. O'Con- " August 9, 1867. •
nor, as per advice of his Counsel, Mr. White " July 12, 1887.
and General Collis. - o July 18, 1867. . .
Q. They were his counsel in this matter 0 July 22 _ 1 18 6 7 . "
at the time?
" July 23, 1867. •
A. I believe they were. . Ju1y26,1867
September
Q. Was that before 'or after the corn- 4, .
1867.
inencement of this prosecution? :, Septemher 4, 1867.
A. I think about the time; near Novem- " No date, 1867. .
ber 6th was about the time. July 24, 1867. . .
Q. Was it after Mr. O'Connor filed his " October 3, 1867 . •
• J 1
bill in equity against these parties? . " oY 1 9 1867 ,
A. I can't recollect. Thedates are there _ " July 9, 1867.
which will give data to the matter. Detective Tryon sworn, and proves the
Q. Do you know that Mr. O'Connor at service of subpoena. Attachments issued.
this time had filed a bill against these P. F. Chase affirmed:
parties for a conspiracy to cheat and de- Q. You area clerk of Tack Brothers ?
fraud him? ' A. I ain.
Mr. Mann objects. Q. Are ydu able to read their dispatches
Mr. Hagert. I want to show that when in cypher? -
he was settling with these parties he had A. I can.
charged them with conspiracy , to cheat 'and Q. Look at that one. ' [Dispatch exhibit
defraud him. ed.] Reads: -
Judge Brewster. That is a matter of ree- "We have refused all day,"'&e,
ord evidence.
_[Witness produced key of cypher.]
Mr. Hagert. lam only asking as to the Mr. Marm offers key in evidence.
fact. " - Mr. Cassidy objects. Admits' that 'the
Muestion withdrawn.] - jury have the right to look at it and use it,_
Q. Can you tell us the date of the settle- but objects to the COmmonwealth or jury
ment? When these arrangements were taking property belonging to defendants:
trade; the time these checks were given. Judge Brewster decides that it is corn-
Were there any anterior arrarigements patent to read kerf ., ,. and, during the session
prior 'to the time the • checks were . Court, of the Cou, the - ey . remains. At the ad
given? , jourmnent the key is to be given back to
A. lam not cognizant of any. •defendant. The whole of it 'may be read,
Q. Now you have said that in your set- and theme is no power in the Court;to pre
tlement with Wightman & Anderson, you vent it being taken by phonographer.
agreed upon 82,000_, or rather you paid him Mr. Mann reads the key, first requesting
$2,01. and accepted his note? ' the phonographer to make a note of it as
A. Yes sir. It was for four months. ,he reads. ' . . • ,' -
Q. Explain why that note was given? • [Contents of book read.]
A. I cannot. Mr. Chase,re-called; and identified a du-
Q. Underwhotre instructions and dime- plicate in the handwriting or Mr; Grierson.
tions was that note given? - • • Oroat.examined by.lkir. Thwart. •" i
A. Under the instructionseof Mr. O'Cen- • Q. , When was that cipher prepared? You
nor. ' • ' '" - ' -- - ' say you prepared it for the use of the Tack
Q. Do you know' , where thatanate• is?' Brothers, for use in your business? .
A. It was deposited for collection. A. It was prepared three years ago.
Q. Was it paid? . . • Q. Has it been in use ever since, in their
A. Yes sir. . : . . t . general business? .
Q. Who paid it? .
Western - . • A. Yes, sin - - I ''
A. It was paid al the Bank. It - • .Q.,Constantl,y and daily?
was extended: on the bsiak book and
. passed A. Yes, sir. .
to the debit of the Western lkink. - -•, . - Q. It used inseltding their - dispatches
Q. What become of the proceeds? 1 -from one point to another?. ~.. ,
, A. I credited the proceeds to the account A. Yes, sir. It is used , for economical
of James O'Connor.' ~ • '( 1 4 . ' ~, . ' " ' PurPoseth- for,: one word, here . may thus
• Q. Then Wightrilan . & %Anderson. lave', . owe the expense , of nine words , ... ~' ,
notteen•paid? , '.. ".` • ,. , ~.. 2 ~ 4....;Give an extunple .frozn, the, book.
,A. I =renewed mys2,ooo, -, bat- InhethEir! -A. Instead ,of writing, “e .can , get re
they have been I . can't . tell. ~ 'Somebody, • fusel of the lowest pricese', all that can• be
paid their note. ~. ~ ..,.....• .. , lii ' implied by the word '_owleked."- ; _, .', -• • .
• Q. , .13304 r. O'Connor gat - the - lienefit au? , ,Q. Whativerddbodifference . in' Atte ex-
A...lres. -, , , ,t; ~.; A ,' • ' - . 7
Q. A• . e? ~ • • ,
- Mr: O'Connor keeps an account - , l
with .pe Arlt would. depend. upon : the length of
you?.
' - ~' ~ 1 ~ - ..r, -, -.. ~ the dispatch; as they charge the first ten
A. , He .doec.,; , . ) -. ,I. words. If it wee the tenth werd.ltwould
- Q,. You- gave bumf 'credit? :' , -,. ~, ,- ,:i". t.; - save seven , wordsor about 85 cents.,;
A. Yes sir. , • -
Q. Was that $2,000 in full teskttletnedit of ,-,; A.: .Every day:.. , _ - ,• . . ,•
the claim? . ~.-._ , '. , . Q.
de oerable eXtealt? . , ' '
A. From What I tuideratend;it warnoti , :, A.: It pends,nPortlbe business done.
Q. What shout. the. balance? . f .`;' i , ,:Q. ean When thetbushaeas is. brisk?
A. I don't kuo wanythingettent'it.'.. , A. Abetu 833015,adt%
notQ.i Then, solar Bayou Aticrw, , they -bane Q.-'With the use:ef _the cipher? •
received. anything.t! , ,-,;-., ', i: -.,, . .., , Ip i. , .A4;-Yes,, sir. , ~,,-'• :- . 1 •51*, .;,• - ts,: .
A. .tean't tifiy enythitig abotitit, except:l, Q. What would;, your, ,Ifills amount to
receivedr...L;Jachiehtgaire')to , Wightmen , without the nee of , the cypher? ' • -.:
de Andersen, and I got tMlenotel •11.! , .4) :. Mr :Maori objected;
-Q It was itAilid-ofewappingjaokage Question withdrawn. de,
A. I didn't undornd - whether it was .. P.Q‘ Ila lit ftusto m a r y for the tru _ t i . , use
• ,Tack
s wafighgjabatteorteLn i ~ ,.11';' ..! , the cypher, or is it Pec uliar -t° tile .
4 0 %...Ze1L50 telt ttehow3fr . o4linnormatrie Bros.? - • - "
td selett vote to siegotiatelide knattartr , i A. It , is riow.ciasti auu ,; ;,d' ithas",b,, en •
~." Av I cab%•sa3r: ,7.11: , c , f i.l;--v II .1 - 44 ;'. •enfot a greetwhil4 6ls '
,
' I Q' 364 Yonany previous rtransaWane? ~ =e4.: , ,----.,- - ..-----t-.'--- --4-- - -
~'A,,I,Ita-ce; luuti, , , - }(1. 1, .1 . - ,•;. .f.:411. .11 . 4 ~
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