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