gil THE O'CONNOR-TACK . CASE. (Contlnud You state it all nowspirstantialle. A. I state it all substantially. -And..l made use of the nhrase that I would crush them or push them to the wall. Well, sir, we talked, of, it about .half an hour. That is the meaning of it. That 'is mot all that we said,. but is thesubsttmce of it. , • Q. lid you say to Iff.r.liolomon Shea, of Pittsburgh, that me matter how this suit turned out you would ruin these Tacks, or words to that effect? • ,A. Not that I : recollect of. Thad. several • conversations with Mr. Solomon Shea, but do not.recollect using that language. • Did you not send a dispatch to - tir. Dan. Miller at tho time you were selling 0-,611. through the Tacks, that you had oil on ' hand to till your contracts? . •A. I sent a! dispatch to Mr. Daniel 10, Thai you had oil on hand to fill your contracts? A. I do not think that is the language of the dispatch. If you show tne.the dtspatch I may answer more accurately. , Q. Have you ever.. .said to anybody that the purpose of bringing;this criminal suit was to get your money? . - A. I nave sworn I, have . said both, that my ,purpose in bringingthis 'criminal pros ecution, was to get justice and to get my money back. • .1 - Q. ~R estitution" was your word,' vas it not? • . Ai I think , ' to get my money backs' was exact phraseology. n Q.' Did you not employ counsel to onable you to restitution? . • Q. , At Pittahnrgh? A. Pittisliurgh and Philadelphia both. Q..lnthis,Cilse? Ao . l.n.this case. ~ -• , Q. I uuderstood Pittsburgh say 1114 that you been a resident- of Pittsburgh for a number -,of yeAril!, And that in 1864-5 • your business was that of refining oil? ' . A. Prom the date in 1864 to the date in 1865 that I have already mentioned: : - Q. Q.-Before that you were engaged in the banking, business? , - _ A. I was at that time president of a'bank and also special partner in the Keystone (:;0111 Refineryi _ • . t, Q. Of what bank were you pregident at that time—the ; Fourth. National or lifex chants' and Manufacturers'Eank? ' • [Objected tb. Objection sustained.] 1 Q. Did yo telegraph, Mr, John Sedge wick, your counsel in New York, of the departure of r. Tack for Europe ? , A. I sent I, r. SedgeWiek, after my re-' turn frc3m tikes Y9rk;sevenil dispatches. Q. Did yon send him one suclias that I t i o ,have indica ed to you—that Theo. Tack [O - was, going . Europe? • • • . .i • Q:: You s ed you arrested him, I think - , on.the 24th or August? A.:l do not think I named any day. .Q. Then We wfil allow you to name it. now. When was it,? • A. .I do not recollect the exact , dav 'but it , was in August. . Q. Was it in the beginning? •.- A. No, sir; it was atter the 22d of August. Q. How much after the 22d? A:. / think probably the. 23d or 24th of • - • .Q. You are now alludingto the arrest In. :New York Y • : . • A. Ism.. • .• ~ . . Q. Did yOu send any Message to Mr. Sedgewick . after that upon 'the subject of Theo. Tack's departure from Europe? ' - A. After I returned to Philadelphia I saw a newspaperln the Continental stating that • ho hadsailed, not on the Perriere, but on a ' succeeding steamer; he had found he could not get on the Perriere and intended to go on another steamer. And that newspaper I ~ showed to General Collis, illy counsel, and • i4fiegraphed -to Mr. Sedgewick that fact. That was after'llidd been to New York and returned: ' And we found that, not to be - the easti . —that he had 'bought his ticket a second time but had not got off the second. • time: - Q. You arrested him again? - A. I arrested him in 'New York city a second time on a New York warrant. Q. And ho was-again discharged? ' A. 'That I do not know—about his dis charge of my own knowledge ; I was not " there: • Q. And you know that he u - :113 not brought back here bynny one? A. Do yon want me to tell all about it? Q. I want you to say that—that you know he was not brought back hero by any offt- A; Ha' was' not brought back by the tdfi- Q. He was not brought baek by any aft . cer ? - A: Be' - was not brought back by any offi cer, I believe. but 1 believe he was brought into Alderman Beitler's Office, that he was inthatge of an officer: ''Q. In charge of an officer ? 'A: 'Either he or An stun Tack. Q. Were- you at Alderman 13eitlei's of- A. Yes ' sir.' - Q. Thefirit time. A. No, not the first time. 'You have - volunteered to say you saw them , (the Ticks) brouipt. before that Al dernian.by an officer. '\ow do fnean to say 'that?" " • - Mijected ; ; - .v.. I want io know if Yeu'mean to sWear and tell that jury, that you werepresent and ,saw them brought into the office in-compa .; .•py with an officer ? . 4.. I meanite:nay that of my own knowl , edge I saw One of the Tacks, in Alderman Beitler's office—that Iliad :sent' an officer ~with express instauctions to bring him in; pr; kaher came in with him ar the nio merit or. joined hint at the time • ' • Q. "lonned the officer ? ' ; ;The eilicerjpined luiu.' • - .Q. .W,ho, waatbe officer: • A. It pas either 14gart or Smith, or one Ofthose people. . Q. We, want the man you saW. • • A. My present recollection is. •it - Was , George Smith; but if it was not him it was ' his partner.. There, were several officers ,employed about , tlfis matter. ' • • • , • -.Q. Iwant to know which officer it was. A. Well, to the best of my recollection, I think it,wnsGeorge fr3mitti or his partner, Ihadany‘handi veryttill of this matter and it was impossible for me tp tell nt the mo. went. This to, the best of my knowledge .and . • i f . [Re-examined' by District-Attorney . Mann :j , • - - " • : . Q. • You were asked insegard to whether there was a tander - of oil-,to you; and i you said there was not, a tender of oil to TOM (What wzis Said or, done by Mr. Tack in the' texture or character of : a tender? •,. • A. The .first time Mr. Augustus Tack camelo.the,Continental, he came up to me - with Mr.: Wilcoxin his, company, I was seatedi•llbelleve, in'the rotunda or near the • book-stand of the Continental Hotel. He , came up_tome with a large roll 'of papers, • icanudfil4r a . parcel 'of certificates of oil; and of having been gauged by Inspectors; a "whole moluminOus :matter, being - What are termed by oil broltersi : fi papers netew Ear2:to make a tender 0011." - ./trprosence , • 'of - 011 r-:Wiloht be called .sur.attention • to these papers. tttrued around arid :sulked he wanted me toiread all r Mime I •,.i. , ,,aerel•know what his reply was, , 44 .1ardght or • :I Might nbt.+l i :asked. what it was • .stbout. He bald .then it. was itivltitth• they 1,...:4-ereboond to . deliver to•naei and if I would. f, ! pay - .Mut:. whatever . the bill whd:(o.• large. amounto—quite a number of thousan d dol lars);ilaskked, him.if these were thYplipera, lie was abing to .:leave 'them with me.. • •He said' -no,-rt I: paid mimeo ,marly. .; :r-,thouttandidollars- rAly 'answer wai to, refer: •him tartly counsel,' flt i ta e?3 ,..,.,,, ,eekt, take: chartrae.W fthigaglidneft The second ,- , time - falevr,Mr..l/akdOhe. eamelo•thy room din the!continentidi Oltd•Siont into(Shel heh. MAAvarlor ttp_stairs ; and he had vCtNil Luaß. with :: , 1ib: 114 4- )1e had also a pareel of. documents. Thh, . time I gave him a very short answer, inti mating that I did not want to be annoyed • by any such things; that I referred him to Col. Wm. B. Mann, who would take Charge of this entire matter. Thereupon the three gentlemen (Lockhart, Long and Taoki). walked out of the gentleman's parlor. - That was what really occurred 'in detail; so' far "as I can recollect new, , coneerning wig was termed "a tender of oil." In both 'in.: stances I referred them - to my counsel; I don't know whether I named any partici:l.; lar one; the second time I'intined yourself. Q. Mr. Cassidy- asked you' whether you did not deem yourself posted'as to the con dition of the crude oil market. At the time the Tacks spoke to you of these con tracts—were you pasted then? "A. Prior to that time I was posted on the crude market, - because I had given it con siderable attention. - • Q.• What was the price of crude oil at that time? • . • A. Well, • I had frequent conversattons about the crude with a great many persons; doubtless, among others, with Mr. Tack. It depended upon the time, the month, as to how crude oil was. • , Q. What was it about? _ - . A. Well, when- I -first spoke' to him the price probably was higher than what it was subsequently. Crude oilment dovin very low; it was falling up to June. Q. Was there a large or small , stock of oil on hand in June? ' A. At what place? Q. - At Pittsburgh, or where it was taken to be refined? . 'A. My conversations with him had been mostly in regard to the stock of oil, dm., up in the oil regions. There was a large sup ply there. I had no personal knowledge of the exact amount in Pittsburgh and its .vicinity, because I did not make direct in quiries myself, but I can tell you what per sons had asserted there was. Q. Then you know nothing of the condi tion of the market there in crude oil, or what the future prospects would be except what the Tacks told you? " • ' A.• .I knew from my own knowledge,nl and also froin every information could gather from every source, that the stock of crude oil up in the oil regions was very large and accumulating. In these conversations that was always admitted; and the exact amount at Pittsburgh, at any particular time, it .would be almost impossible to,tell, unless a man'went to each particular.refinery, and measured each tank. But there was a large stock, a very large stock in Pittsburgh at tho time. • • - Q.: (By=-Mr. Cassidy.] These papers thst were Shown you were warehouse receipts and other' evidences of title?, A. I have no doubt they,Were.- Tasked him • (Aug. Tack). it.' , Should keep them (they were very large and voluminotia;) and he said I. should.. if paid hitu the money. WILLIAM W. WEIIIER was sworn as a witness for the prosecution: - lam a freight agent-for the Pennsylvania Railroad. and am stationed at Thirteenth and Market streets. Q. Have you been asked to prepare a .statement 'of the amount of oil which came over your road during certain months? A. Yes, sir. These are the statements which were furnished. , Q. Be good enough testate the month and the number of barrels which came over the 'road in each month. • A. Tho two statements here should have been condensed. Q. Give,the sum total of each month. A. [ln regard to one of two . papers which Witness holds in his hands, he remarks] : This statement is gotten up from the books at Thirteenth and Market : ' • ; [Reads' June, 1867. July, Aug. " Sept. " Oct.= • - Nov. Dec. " • 514/5 . 13b1.; also, 259 1)1318. 98,308 " 50,120 " • 61,036. " 4' 73,334 • " 56,650 . 4, • 28,134 " • • 424,857 Total Which came over the Pcumsylvania Rail road from June Ist to December 31st. The other statement is from West Philadelphia, and is for oil unloaded at the oil platform during same months, and not included in this other. paper, 844 barrels in the aggre gate. Q. Those two aggregate amounts repro. sent the whole amount of oil that came over the Pennsylvania Railroad in these months? A. Yes, sir. That is, refined oil Cross-examined. Q. .[By cpunsel for defendant.] Do you know how that compares with other sea sons?. - _ ' A. No, sir. Q. Where was this oil stored? A. It was delivered at different points Point Breeze, Gibson's Point and Green with Point. These Were all principal. points. Q. [By _prosecution.] 'Being all points in the neighborhood of this city and for use here? - A. Yes, sir Q. For use or shipment here. The own ers store it at points in the vicinity of this city? A. Yes, sir. . Q. Was that all bondeiloil? • A. That I cannot answer. • Q. Can von tell us where that oil canto from?' A. Not entirely. Q. Can, you 'answer from what point it was shipped?' A. The principal part was shipped from what wo call Allegheny Junction, that Is junction of the Western Pennsylvania Rail-. road and Allegheny Valley Railroad. [Witness proceeds to state.] A. From the evidence or statements that I have, I would say this all came over • the Penntrylvanin - Railroad. It .includes oil over the - Philadelphia and Erle road, and oil from Cleveland, if any such came. Q. It includes only refined, not crude oil? A. Not ernde. • Q. Does not all that oil go in the bonded warehouse? 'A. It is my impreasion that it, does, the principal part. lA'rfaitAx SHARPLESS, witness for the COMmonlyealth, r was etworit., I am employed at Thirteenth and Market streets, in the freight depPt of the Pennsyl vania Railroad Company. Q. Have you prepared a statement of the amountof crude oil that came ever tho rail road? • , A. Yes, sir; in this statementthe crude oil is not divided frojil retlned. r can 4uit give you the crude alone. have got the 'digerenee. of credo for the seven months ,altogether it is 115,824 barrels; Juno 60,647; July '117,311; „August 138,208: September 77 0 333; October 09,405; Novara ber.7s,42l; Decembor42;22B. Refined' and crude. together.. Q. That is 415;824 in lublition,lo :the '424,- 00; which .would-make?', • ' , . A. 510,1381. barrels altogether: othezketuanined [By defendant.] That, Inchides all the oil that , came <we* the PhiladelPhia did Erie road,, well as the oil over ther-,Pennsylvanla road? Q. And it includes Oil from Pittsburgh` and.other points? - * • Q. Do you know where that ,rekped oil .went? : , , • • A. It' Went to Grttenwicli Point, Gibson's Point And roirit Breeze. , • ; , • Q., To bonded warehonsie? • , A. Yes, sir. ' ' • , Q. It; as bonded Oil? , / could. not ansWer - for that. ' egisn, I& recalled, for the CorthriOri - blstrict , Attoiney Mann, I ask -you whether7ack,Brothert3 had not ] aflame ruf:fil'Connoisonte ,other name in cipher! A `Nosh ,- ;,1 ,• ' • • - • • 4, 4 4 : 10321 4*' ici° 'P 9/11 '°, 7 ' 8 • name .1).0 Cipher?' , T - * t ' • „..A.e ', b.i.'*''O'Cnniio'r! • nuns was 6 1111,Y ,4sl•teltresaint"PiConnOr's namebut writing ' Torino • • y0u 5 11 97,, patch bfwlTch Mr. O'uonnor s name was 'put as “Foreman?" A. No, sir.. [CONTINUED TO-]MORROW.] ~ vF :b PITTSBITItGIi GAZETTE: THURSDAY. APRIL 23 1868 THE 'TAM-O'CONNO-,R CASE . • Closing Bpeectrof.the Counsel for the De fense-Charge . , Ml:metal Dispatch to. the Pittsburgh:Gazette.; ~. :April .2.., • , , PIIILADALPHIA, .22, woo. The petroleum war, Nthich has .raged so fiercely in this Court for a long week, came to a close this morning, so far as the action of the combatant was concerned, Mr. Cos sidy.making the closing speech for the de fense. This gentleman, in the course of his address, took uptitimY from the huge pileof . telegrams between the parties, and those which the prosecution commented upon as most positive ,proofs ol' the defendants' guilt, and explained away and gave a version to theirt which, he argued, would not 'admit -of their being turned against his clients, unless by alfalse construction and tricky perversion of ttheir true intent.' Brit,be maintained that most of them that *ere paraded' forth to brush the Tacks, rebotinded ripen Cr Connorls own head, and contradicted him most flatly in his most positive assertions. If it was a crime against the public for these men to put up oil a cent or two per quart in July, so that every ono who bought for his home or store use paid a trifle more for it' than a short time preVionsly—if they were to be Incarceratedin the loathsome cells of Moy amensing, and have their reputation de stroyed for doing this, how . much credit would` they receive. for put ting it down in 'November, making it vastly', cheaper" for the general' pub lic in Noirernber, as the ,prosecution said they and?' 'll6 should that, question be answered? O'Connor had complained that the men hid conspired; to rob by, forcing him to pay thousands of dollars to parties other than thethselves, for they were not to get it dollar of it, 'and yet he Said he' consulted counsel, who told him the contracts were illegal, that, he yes not bound to pay, and should not pat-, and he subsequently 'did pay them of his oivn motion. This was a conspiracy through which he did what he was pleased to do. The prosecutien had said that these men I should receive no sympathy i*this Court, for this was an illegitimate gamb ling business; ' which aided no ono, gale ,no hope or succor to thelaborer, to the working people, but it only affected a class ofspecnlators and injured others engaged in lawful business. -.Mr. Cassidy maintained that this was untrue. .The trade did hol the community. The discov ery of oil employed borers, refiners, coop ers, blacksmlts, engineers and transport ers. Everyj man of mechanics and labor was benetitted by it. These llieople .had first started the business in this tom, es tablishing a house at the petroleum head quarters, Pittsburgh, and one iin this city, and doing yearly a trade of Millions, and since its introduction the cities of Pitts bugh and Philadelphia have been vastly improved. It has become a matter of universal interest, and to-day there existed a most lively, rivalry between New York, Baltimore and Phila delphia in regard to the petroleum trade, each one anxiously striving to monopolize it, and a verdict against the defendants in this case would do more to rob our city of it than all the combinations and sharp coin . mercial tricks that have boon attempted, and all the newspaper articles that have been published, even while this prosecu tion has been pending. The trade was trembling, and thousands of dollars had been drawn from it. In this matter not the lives of the parties wore entrusted to the jury, but something more sacred—their character—tha fair name of, their old father, which he had won by a long life of honora ble endeavors, to serve his God, his fellow man and himself, and which he had trans mitted to them untarnished, and the peace of ,their dear mother, who had spent among Philadelphians a long life of virtue, belov ed and respected by all. Those twelve Philadelphians, good men and true, were summoned to pass upon James O'Connor, of Pittkburgh, or tho Tucks of Philadel phia, who had ever proven themselves good sow, kind brothers and honorable citizens. CIIARGE OF rin: COUltr At the conclusion of Mr. Cassidy's speech, the Judge charged the jury as follows: Goat, men of the Jury: 1.:3u have listen ed with great attention and patience to all the details of this case through a protract ed trial of many days and double sessions. It'is hardly necessary for the to do more than to call your attention to the outlines of this indictment, and the evidence in support of it, occupying a- printed record of over two hundred pages. The defend ants, as you have heard, aro charged with the offense of conspiracy, which is an agreement between two or more persons to accomplish an unfawful act or a lawful act by, illegal means. Under the Pennsylvania statute it is declared if any two (2) or more persons shall falsely and maliciously conspire or agree *cheat and defraud any • person or body corporate, of his or their money, or other property, or to do any other dishonest, malicious and un lawful act, to the prejudice of another, they shall be guilty of a misdemeanor. The in dictment upon which you are to pass con tains(s) five counts: •It charges, in sub stance, that the defendants on the sth day of July, last, conspired, to cheat, defraud and injure James O'Connor and others dealing in petroleum, and that this design was to bo accomplished by false represen tations and, rumors, which thcidefondants, it is said, made .nd set on foot; add which are described in the various counts of the indictment 'with great paiticularit3r. It is charged that . they falsely pretended that they had reliable, information, that for six months the'supply of petroleum would be greatly in excess of the demandi that the market prices would' 'decline, and •that James O'Connor could Mike large sums of money by selling upon time contracts, the petroleum to be delivered in the future. It is averred that relying upon these statements, Mr. O'Connor entered into these contracts; that the defendants then caused an advance in the price by fore stalling the. Market, by spreading false rumors, and prodUcing' an apparent scarci ty. It is charged that all dealers at that time were injured by these injurious com binations and acts. To this indictment the defcrekints have pleaded not guilty. ,The law :presumes them' to be' innocent until their guilt is made out by' ompetent lestimony, - , and it is therefore necessary that you should bo satisfied beyond a reas onable doubt' that two or more of the de fendants actually ponspired within this ju risdiction to coimnit some 'of the Acts charged against them by the employment of the moans and devices set forth in the indictment, -. Th&CommonWealth contends that the . _ folloiving facts have been estab.: it s h e d : • First, That Mr.' Aug . l Tack told Mr. O'Connor that oil wtiiftt ling and would bo lower; that the.firm of Tack, Bros. ct Co. were laTgely, short, siren; that thero was surplus of oil; .that the markets of Europe Were 4,litttedF and* that; he Advised Mr,. woortnor tiogo'sbort Second,' That Mr 'Theodore Tack aorrobo: ratedellthis and agreed that implicit Con fidence should,be placed in them: Third,Thatt, relying upon these 'ittita 7 ' 'mentsiMr.lo'Cennor,tbrciughhreedre. Tack; Bros. Co.,&entered' into 'contracts for the delivery , of 10,000 barrels' of oil, whereby he lost large/MIMS of money.. ' Fourth, That all of tbe 'defendants were parties to ritrhngeMerit , to effect this purpose, and thatith, 'all , knew these re ca3seentatKas,,to', 4aMes O'Connor to. be Filth, What they;'furtherne control, the foreign market in order tkruio t4 O 1 ) .* 0 : / 1 % 1 ;4444 Were, in fat, Marge Chase* , whim some:0;of theta ,pretendest. to Beacileris,o7i the Part o; "th defendants,;;' I All or these petilta ui r e denied, and - yore twoor,try .eaelt,l-deretidaitt BeStOxatelt cording to the evidence' as appllisabla big case. Mr. O'Connor, the prosecutor and principal witness, states in substance that he and his partner, having lost about $5,000 , - -2; • • • -s" in a previous business transaction with Messrs. Tack,, of which no complaint is made,' Mr. 'Augustus Tack, about the 7th -of June, 1867, expressed his regret at, this ' because of the friendly feeling ' theretofore existing between Mr. Theo. Tack and Mr. O'Connor, and that Mr. Augustus Tack said that the only way to cover up this loss was to do as he had done, "go short on oil," and the quicker it was done the better. Shortly titter this, as lunderstand the testimony of Mr. O'Connor, ho went to Pittsburgh and saw Mr. Theodore Tack, who told him their house was very "largely short on oil;" that they were going on to sell oil "largely, short,'; and ' urged 'him to authorize Mr.' Tack to sell oil. Mr. O'Connor adds that he - did authorize - Mr. Theodore Tack to ell oil, ' and `agreed to pay him a inmission - therefor. That .he placed implicit confidence in Mr. Theodore T ck and that contracts were ac cordingly i nod, binding Mr. O'Connor to It deliver a la ge amount of oil at a future time. Mr. 'Connor.snbsequently, accord ing to his tement,lelt satisfied that the Messis. k were not Ongagedin the'same kind of op ration, that they were really in the adva e of oil, and his allegation is *that all th statements . made to him as in ducement 'to enter into these contracts were false arid were so knoWn to be by the parties m king them, and that all this was done with.the previously . formed design of defrauding him. ' He further gives the details of other con- Versationi, in which he alleges that there is 'evidence f a conspiracy. to forestall the market in oil. The other defendants, it is said, wer involved - in this criminal ar rangemen , and though some of them 'were not in th county 'when certain alleged, overt acts were committed, yet it is con tended th t if the jury are satisfied that ! there was a conspiracy .in this county, the overt act of one conspirator in furtherance of the common purpose is the - act of all. • I affirm the correctness of this as a legal proposition. 1 It is farther alleged that the statements of Jsfr. O'Connor are- corroborated by the testimony of Mr. William a Miller, Mr.' Robert Finney, Mr. Aug. Merino, Mr. Miller and Mr. Dilworth. • 1 , It is said that the connection of the other defendants with the arrangement is estsb fished by Mr. Widitmari, Mr. Kirk, Mr. Miller,, and Mr. Bel'iney, and in addition to these witnesses Gen. Alexander Cum mings has been examined as to the alleged seizures,and Mr. Wm. B. John has spoken of exports of, oil from our port. 'A number of telegrams have also been read to you. It seems to be conceded that if Mr. O'Con-' nor is to be believed, a case is presented against some of tho defendants; but his credit has been subjected to the criticisms which you have heard. It is urged that he is an interested witness; that he testifieS under strong feelings of bias; that he has endeavored to evade a. full, fair answer to certain questions propounded to him, and that for these, and perhaps other reasons which have been suggested, you are not to believe him, The question of the credibility of a witness is exclusiVely for the jury. You are to weigh carefully all that he says, and his manner in saying it, his relations to the case, and to the par ties, and thus decideupon the proper credit to be attached to his statements. Tho law of this case has been ably dis cussed and clearly settled by my brother Judge Ludlow. in his opinion he said: 'The act of an individual may be lawful, and yet if ho combine with others to do the same act with the intention to cheat or de fraud another, or to benefit the conspira tors to , the prejudice of the pub lic, by force, fraud, or menaces intended to effectuate a purpose, or where prejudice and opposition are the' natural and necessary consequences, he may commit an indictablii offence." 'Coon the force of the authorities I have no doubt that an -agreement between two or more persons to forestall and control the market, tbr any necessary of life / by the employ ment of falsehood, and disclosing an un mixed - motive of niischief, either to the pub- lie or indvidual, is:clearlylindictable; but the question behind all this is the proper deduction to be made from the evi dence in the case, - and this I shall leave without any further comment entirely to you. If you believe one or more of the defendants to be innocent, or, if you have a fair reasonable doubt as to his case, you should acquit him. If 'satisfied of guilt beyond reasonable doubt, yon wilt have on the other hand to convict. The case is of great importance to the prosecu tion and defendants, and will, I am sure, receive your most careful consideration. I have been requested by the learned coun sel for the defendants to charge you upon the following points: fi'irat. To entitle the • Commonwealth to a - verdict of guilty, tho jury must be satisfied that the defendants con, spired to defraud James O'Connor in the Month of Juno last, Iry representing to him that oil was declining; that the supply of petroleum was large; that they were short, and that - - ho would . make money by selling short, and- that at the time they made such representa tionethe same were false to their knowledge; and that in further pursuance of the con spiracy they combined to raise the price of oil by spreading the rumors of large seiz ures of oil by the revenue:officers, of large •shipments of oil to-Europe from Philadel phia, .of shed supply, and that such reports wore false, and were known by the defen dants to be false; that they secured the con trol of and "withdrew large quantities of on from the market, and that the Same was done dishonestly, • willfully and maliciously, and with malice and intent to cheat and defraud James O'Connor or others. • "'answer this point in the affirma tive. - Second. That it is not an unlawful con spiracy for men to purchase oil on their joint acconnt NAIR). a' viow to making a profit upon their Hale. Lanswor that such an agreement is of itself not the subject of an indictment. • . Third. It -not an indictable conspira cy for several persons to agree to purchase oil at a foreign port, where oil is cheaper' than at the home market, with Niew to make profit upon - an anticipated rise in the price at such, foreign port, although the effect of such' purchase may be to assist advancing the price. I answer this in the affirmative. :" Fourth. "That advance in price, which is tho resift of purchase by ono or more per sona, is not necessarily a fictitious advance, and the burden of proof is in the Common wealth to show it to be so. I answer this in the affirmative. - - - • • It is the motive which distinguishes the -lei3sl combination of several to pur chaSo for their own profit '-from illegal con spiracy to purchase with a° vices to oppress and detraud others and In considering the question of motive tho jury ought to take intco! censideration the fact that such pro posed purchalie vas openly discussed and communicated ; and was generally. .known• to persons in the trade.' I answer this in the affirmative. • • 61,zeh:. That= to 'render several persons liable in a ofiiffinal preceeding.for anlaw fully'conspiring fictitiously to advance the price of oil. it must appear that the adiance is to be'effected by some other means tin% the mere naked purchaSe; there must be _some fraud, falsehoodor 'deceit used anal"- tended to affect the pike; 'end the ,motive must be dishonest—as if several establish a for* . foO'their own profit, it is lawfal, , though it, injure the' yalue of a neighbor ing fairy; but if the motive of its establish ment be to rain the othey, it is indictible. This point is afilinied, .' 1 ' r B eventh, ' There is no evidence in the case that the defendants' purchased atftwith dtoW, large quantities of oil freni the' mar; WA.'„nu iff a question of• fact for the jury. The wifenditrits , contend that-the 'evidence does.not she* any kuc!►' purchases. The` COnAtentvealthusserts tb the contrary, and you must.leddethis like'every ether fines % 149 n of fltet tnthis * calgy by the evidence — Eigrhtfs'i'''There bencrevidence tlialthlfatg fondants received any portion of the money paid by James O 'Connor in settlement of the contracts. - 1 - affirm this point. ' A' Ilumblig—yotirit Looks., This insect, . `... Hasa glossy dreas, • ' A brass face, Mealy mouth, , A hard heart,. Plenty of cheek, A sharp tooth, Light finger:, Long legs • Apt to change places, Feeds on cooked fbols, _ And bites simpletons., But Pain Paint stands the test of hundreds, •whO get relief every day, free of charge, at 116 Stnithfield street. We haye Wolcott's Annihilator; if you have Catarrh or Head ache, relief:mit here be found. No dosing the stomach with drugs; no harm done to con stitutional health. Wash the mucous or phlegm from the head with the Annihila tor, prevent bronchial or. - consumptive af fections, dyspepsia, liver complaint, &c., &c., 116 Smithfield street. • S. H. Hisrmos, Agent. Furniture, Carpets, Pianos and Sundries. —This day, 10 o'clock a. in., at Masonic Hall Suction RoOms, will be sold a large assortment of furniture, new hair, husk and cotton mattresses, desks, and eaten kion tables. Now carpets of every !descrip tion. Two splendid pianos; also, h quan tity of groceries, teas, mackerel, shad and herring, cigars, chewing tobacco, queens ware, cutlery; and household goods. Re member 55 and 57 Fifth street. Special sale of new carpets 'and window shades at `2 o'clock p. in., precisely. The Renown of Burnett's Standard Pre parations. For more than eight years these Preparations have maintained_a large and constantly increasing sale ; sustaining the opinion of the,best Judaea t*it they are un-' rivalled. Burnett's Oriental Tooth Wash is a pre server of the teeth, and beautifies them withotit injury to the •eriamel. In this re spect it sands alone. The evidence of Chemists and of the Deritat Faculty sub stantiates these facts. " TrsT Lost a Finger.--Saturday last a German, whose. name we failed to learn, had the first finger of his right hand cut off at Reese 'Graff tV., Dull's estabhshrbent, while examining a machine for . cutting shingle strips. He Was feeding iron into the ma chine, when his attention was directed to something , else, and letting his hand slide down the feed-board thei finger was caught and cut entirely off. I-le - was taken to Dr. Robinson's office, Lawrenceville, where his wound was dressed. • : ll=l Pat and His Pigs .--Patrick Lowlind re sides on Arthurs street in the 7th Ward, and it is alleged by Mrs.. Young, one of his neighbors, has several, which he kept in a per, which pen is a nuisance, as the steneh arising from it is deemed prejudicial to health. Mrs. Young made the allegation before the Mayor, and Pat was arrested. After hearing ihe case, His Honor directed Pat to abate the nuisance, by removing the pen, and upon payment of the costs he wag discharged. • A clear voice and swret breath follow Trix. Singers unite in commending Trix. • Trix gives new power to the organ of taste. • Trix is mighty and must prevail. All druggists sell Trix. Wholesale depots for Trix B. L. Fahnestoek &. Co.'s, Pittsburgh; Geo. A. Kell3 & Co.'s, R. E. Sellers & Co.'s, " ' Reymer & Bros., " R. A. Snodgrass, Allegheny. . Surety of the Peace.—Albert Givert made information before Alderman Humbert yesterday against Dr. F. Venn for surety of the pence. Givert is a blind man, and in company, with several othor persons, of whom the doctor Nylll3 one, was in a beer sa loon on Penn street, where a difficulty arose between the doctor and-the blind man, when it is alleged the doctor threat ened to break his bones. Venn was arrest ed and held to bail for his appearance at court, The Fair at Washington Hall, Allegheny City, for the benefit of St. Peters' Church, is _nightly thronged with visitors. = The principal attraction is the massive, gold headed cane, which is being contested for by the friends of !Mayor • Drum of Alle gheny, and Mayor Blackmore of this city. It is at Mrs. McCloskey's table. The vote stood last night 291 'for the' latter, and 302 for the 'former. "Do 'not fail 'to be present during the Fair. Ferocious Deg.—Johri Highlands yester day made information before the Mayor, charging Joseph Gantz with keeping a fe rocious dog. The' defendant resides at Frankstown, and it is alleged keeps :a fero cious dog, which is a terror to the entire :neighborhood. - Yesterday the dog bit ono of Mr.' Highland's children. The defend ant was arrested, and' upon promising to kill the dog, was discharged on payment of the costs. Assault and Dattery.—A. H. Robinson made information before Alderman Butler, yesterday, charging Dennis Golden with assault and battery. Ho alleges that he met Dennis on High. street, and that with out provocation he seized him by the collar and attempted to choke him. Dennis was arrested, and, after a hearing, held to bail to answer at Court. , Broke His Leg.—A young man named James Oliphant was wresting With companion on North avenue, near James street, Allegheny, Tuesday afternoon ' when his foot slipped, and ho fell heavily to the ground, breaking; his leg .below the knee. He was removed to the hospital ,for treat- The Galaxy for May - ccimes to us fifty per cent. larger than heretofore, and, to say the very least, not dh:nlnished in literary worth. Walt. Whitman, Harriet Prescott, Mark Twain, Pierre Blot, sm, the California poet, and many other only, less well-known names are among this month's elmtribu- Attempted Burglary.—Ori Monday night en attempt was made to enter the dwelling house of Bartley Holley, in the Sixth ward, Allegheny. The operations of the burglars aroused tile inmates of the house, and they loft without accomplishing their object. Edueatlonalr-A convention of the School Directors of the Consolidated City will be. held in the Third Ward School building at 2 o'clock this afternoon, for the purpose of electing a City Superintendent. •' To Country and City Merchants--We 'are thoroughly supplied• with all kinds of Dry Goods, Staple mid Fancy, bought at unusual advantage through our Eastern purchasing department, taking advantage of the recent large auction sales and fictettta. tion.s in prices, and we can and will • sell'at leas • than the lowest Eastern cash prioes. We invite you te an inspection of our stock and comparison of prices, at 59 Market street. ' . J. W. BARKER & CO Alpacas 3734 Cents, • - • At Barker's.. ' Double width Dtpss goods 25 cents, ~- • ' - At Barker's. , Percales, Chintzes; Beach Ginghallts, LawitkOrgandies,. jaconets,'&e: -cheap; • - .` At Barker's. . , . Diseasesuriaggavated more or less by 1. 7 4 1 80 4 4 1 9 11 . afi 'Cases the first thing in er„to'remO:ire is "disease, to regulate the stomach and bowels.' No better gener al Catliartio:'ean be' administered for this purpose Ifian - 7Wliseb'S Pills. ' SOld •by an thaviaciladtliiig&ti !xi the 'United States. At 11liter , 11at, - : ' r- • • .91 -1:321.0,;4ite5t priata, • . 41eantifal SWes; f 1230, , Pine Yedtwlde;'-v. Shirting Muslin; 123,e, One Case Ginghams, Good Styles. BRIEF NEWS .ITEMS, • —A jury was "obtained in - the Cole Hi cock murder, - at Albany, New York, ye; , ' terday. , . —The division 'bog; 'of the Memphis art: , , Charleston Railroad was run over by train at Lafayette; yesterday morning, an; "killed. • ''• —The Spring "beefing over the Memphi race course, on the .27th, bids lair to be success.' Several stables aro already thei in training. ' A - -Major Henry. C. Robinett, of the Fire United Stites Infantry, committed suicic vesterday at New Orleans. fs —Charles Dickens sailed in the Russ from New York yesterday. A' large nun; her of friends saw him olf. —Alexander McDonald, U. S; Senate! elect from Arkansaa, arrived at St. Lou; yesterday en route to Washington. —The steamer Berlin from Bremen, al rived at Ralthnore, yesterday, bringin seven hundred and seventy passengers. —At a special eleetion for 'Alderman i; • the 11th Ward of St. Louis, yesterday, t);! radical candidate was elected by about 2.( majority. . . —The Capada authorities have found man who says he saw the shot fired the killed McGee. Hellas not yet seen Wht len, but feels confident he can identify bin —The "Exile of Erie, " Daniel Drew, an party, return to New York to-day. TaS lor's hotel, where they have sojourned du; ing their stay in Jersey - City, - has been aol to the Lelands for a quarter Of a million c dollars. Christian. F. Macke, a barber, fort; seven years old, committed suicide o Wednesday evening., at Cincinnati, b; shooting .himself with . a - Pistol, the ball tearing his heart all to pieces. The cam wasa difficulty with his wife: —Af, S. Mansfield, formerly of the Fir ; Nationallißank, was arrested yesterday a New ()linens by order of United Stall Commissioner Wellerom a charge of con plicity in., the burning of the steams Shooting, Star, On'w - bich $lOO,OOO insure* was collected. • ' • • ,—At a meeting of soldiers and sailors, t State Convention, .at 'Baltimore, yesterda twenty-four delegates at.large and tweet from each of the five Congressional dig tricts were chosen to the Soldiers' and Sal ors' National Convention , at Chicago the 10th of May. —A telegrani front Arizona to San Frai cisco states that a horrible murder whites by Flute Indians; took place on ti Pitt River at Red Rock Ranche, -Ler• Valley, 'Nevada, on the 17th or 18th April. The Indians • had been committin • ' depredations for some time, stealing atm; etc., but made no throats against the liv of the whites. 'The savages took the par( by surprise, they not suspecting any hosti intentions, ,and murdered W. H. Piers wife and daughter, Jno. Sutherland ar another man. A boy about twelve yea of age made his escape, but was pursued long distance by the.lndians. For Sale.'-.LA good paper route on tl Gazette for sale. -Apply at this office. HOBBS—CASSINGHAM.--Dn Tuesday evenln April gist, 1.868, by the Ev. W. H. Locke, NI ELI HOBBS and - Miss LIDA CASSINGHAM. cards. ' • 1 .. . McKEE.—On Wednesday, April 22d, at 10 mf utes before 1 o'clock. D. m.. SAMUEL STERREII youngest son of John and -, Ereanor: McKee, aged years, 10 months and 20 days. . ! , Funeral will lake place from the residence of , parents, „on :the. Alkheny and Perrysville Plar Road, (one mile from city, ). Jiro -AFTERNOON, al o'clock. Carriages will le se - the Diamond, Al gheny.. at 2 Y . X. ?Cho PH nds of the family a respectfully invited to erten . . • ) FOSTER.—On Tuesday, April _2lst, Colonel !. HERON FOSTER. editor of the Pittsburgh pal Dispateh; aged 46 years. The rehilikes and friends of the tinnily are respei fully invited to itterit the - funeral on FRIDAY, JV THRSOON,Id front o`e/oek, fro the familyresideni No. 202 South Avenue,i Allegheny City. UNDERTAKERS; I2EX. AIKEIV ITNICERTABEI .4: p Na 160 FOURTH STREET.. Pittsburgh, C Ilis,of ill bands, CRAPES,. GLOVES, and C eryAescriptlou of Funeral Furnishing Goodsl ft niched. ' Roomii open -Aay and night. Hearse a, Carriages furnished. - • , I _REVNITENCES—Rey. David Herr, D. D., Rev. W. Jacobus, Ti, D. Thomas Ewing, Esq., Jacobi Miller,' Esq. • - - •' ' - , i QIIAALES ;f4PEEBLES,ITNDEF TAKERS AND :LIVERY STABLES, corner S 'DUSKY STREET AND CHURCH AVENU Alligieny City, whore their COFFIN BOOBS It eo ntry supplied with real and imitation o w od, Mahotemay.and Walnut CoMns, at prices rylng from *410,1,100. Bodies prepared for into went. , Hearses and Carriages - furnished: also, .1 Kinds of Mourning GoodS, if required. Office op at all hours; day and nig . t "ROBERT T. ROD.STEIir, END TAKER AND EMBALMER, No. 45 STREET, Allegheny : and' NO. SO D1A310.14 SQUARE,• by John Wilson Bros., keeps alwal on hands the best Metal, Itcsewalid, Walnut a imitation Rosewood Coffins. Walnut Coffins. frci $25 upwards. Rosewood Collins $2O upwards, other Coffins I proportion. Carriages and Hears furnished at low rates: Crape, Gloves, Plate at Engraving furnished . gratis.' Office open day- at, nignt. - , . . 1 QPECTACLES, . . . taintovE Tit SIGHT. DUNSEATH & HASLETT,S: JEWELERS AND OPTICIANS 65 FIFTH NT.,OPPOSITE MASONIC HALL. N" • SPRING 'GOODS, Adapted to A FIRSI; pr....osnry.ATHA NT TAILO9. f . INu TitAD", , . HENRY G. DALE'S, ra Corner of-Penn and SL'Cloir Streetit , _ with `IN! IvAI H NZ irms AND: SEE TEE NEW SPRING AND GOODS k sfi ntb - liivtD AT H. SMITH'S Tail Ting Establishment, NO. 08 *Tut BTitEET. , • , .1 • Corier of 'Federal.- FOn sAten, noneKEN,THL. 3304nceprino% desyable" Lots are now offeret,'. it private sate , and any one desirous ofllne bulldlne - 2_ sites would do 7011 to miie selection. The villagq?', Is lOCAtied;On a beanticulfinid healthy spot. two and L.:TA : - hs .ltmlterik*trfraargebtirg,' Ote the Western Penn. _ .Railroad,: hich'intiiihrough it, making much more`:tfitnibie at;tl 'igrceable, Extenslycy 'preparaitioninrioxinakingibr erecting a numbono' , 4il Vitll;DrOre' an ornament to The retaaindirOf thin) Lots will be sold aiT4 .. W very reasonable rates , and on terms exceedingly easy. SILL & 8/lIITTERLY, Real Estate and ' saranee Age s, Lawrenceville. lEEE MARRIED• TVA It It.A:N Tklfi TO JUST Oi'E.N . O, AT
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