The Pittsburgh gazette. (Pittsburgh, Pa.) 1866-1877, April 24, 1868, Image 2

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Vit slll3 o al*
Court of Quarter Sessions-. Hon. F. Carrot
Brewster. Associate Justice.
To-day we conclude the publication of the
testimony - educed by *the Cornmonwealth
in the trial ortho Merins.rrack Brothers for
conspiracy ' • _
Q. Whenyon read these telegrams hero'
before had you another cipher book?
• A.,'lnever had but oneook.
• Q. Never the other book? /
A. There was one or two dispatchesvitit
ten from the other cipher, butt was ftttid
not to answer the purpose, and it WitS OS
continued. -
lied' Discontinued long before . they
these these transactions with O'Connor°
A. Yes, sir. . .
Q. Could you tell what O'Connors' fa*
would be according to the cipher Orthat
book N?
o, - I
A.sir. , .
[Certain dispatches of Tack Brothers
were read to the jury by the' counsel for
[The following explanation was given'by
the witness of telegrams, which he had
been told to decipher.]
Q. [Mr. Mann 'reads.] “Grus telegraphs
"from Washington, we 'have got a written
decision in our favor on every point."
Is that you dispatch? .
• A. Yes; air.
I Q. What had that relation to? •
• A. It had relation. to the. seizure of oil-
Gen. Cuniming's seizures. •
Q. Yon made out the dispatch the day that
it is dated? -
A. Yes, sir.
Q. When did you get the dispatch from
A. The same day.
Q. r Yon telegraphed that kit was decided
in his favor in everrpoint) on June 26th.
[The• following interpretations of tele
grams.were given.] _
• . 'Telegram to C. It. Robinson.] .
`Teleg.ram of August 16, 1867.]
'We have and offer of-31--500 each-buy
er's option, September, buyer's option, Oc
, .[Atigust lfith.] , "We
5 each ;" buyer a option. September; Wiry
eds option on; 314. "Give us the
.re fum all day of - .lqooo each," 'buyer's op
tionKiOctoler,‘ buyer's option, - January.
_ "Lowest priee,•best price."
[August 6th.] "We want refusal at 28 or
(July 80th.] "We have an offer of"
_6OO buyer's option, September; answer.
[July. 26th.] , : not draw; send us
*lnds to the extent of . 20,000, if you can."
- [July -18thi] .. : We have refusal, half hour,
.500,s buyer* October 31st.. ' • ,
. (June lst.]._ Can, see the parties. Have
closed by note, "
" 500. Buyer's option, June
.25th, standard
- [,Tune sth.] "Buy- 500 , each. July,. De
member, standard white. 27. Have fair
view • and.reteale." • Best "-price, "working
[June 10th.] "Shall we buy 500 each
standard white." , July, December, 26. - An
. [June "ilth.] We can buy 5,000. crude
from prime • parties, buyers,- • all this and
next year,l2.. , . .4 , How.wortld this snit Joint
getting.rooney from him now, and
-havini t use of sale."
Q, Mr. Mann.] "Joint Hill." what
.does that mean?
Hill. A. It means Joint account H
Q. What Hill?
A. Alfred Hill Boston, Mass.
Q. What is meant-by "joint account?"
A. "On account together," . I suppose ._
Q. "Getting money from him, dc.
.From whom?
A. I presume the dispatch means Hill.
I know nothing but what the dispatch
[June 17th.] "Give us refusal all day of
' 2,500" buyer, year, 26. For—. "Have you
`any early delivery, cheap..
Q. [B3" prosecution.] What is "Goblet."
A. "Goblet" means "give us the refusal
all day of," "whip" means "we have
1,500, buyer's' all year" with
Schalk, 26, •to a company contract." "Take
;thousand for our account, think advisable."
[June 18th.] "Give us refusal all day of
;1,000 each, October, December, 23 or 2314.
Best offers new, buyers all the year, 25,
working crew is 1,500, .company fresh con
tract." ,
; [June 26th.] "Refusals for Jnly 24th ask
for:,. If you can buy July at 24 or 23M,
;Grierson says better take, hold for. 1,•000 or
'2,000," If craft 5,000 comes in for accept
ance, I have arranged with King to take
care of it.
Q. (By Mr. Mann.] Who instructed you
to send that dispatch?
A, I forget whciit was; I think no one in
structed, me to send it, [Last dispatch
- again read.] , •
A. [Continued.] Mr. Grierson told me to
'end that-all of course except the latter
part. That I understood.
Q; Whose clerk were you at that time?
• A. Tack Brothers 'clerk.
Q. [By Mr. Hagert.] Mr. Grierson was
attending to Tack% business that day?
A. Yes, sir.
JaxEs Bexxv, witness for the prosecu
tion, WaS sworn;
A. I reside in Pitttsburgh and am In the
oil refining:business. • •
. What refinery were you at '
A. The Petrona.
Q. Were you engaged actively in the bu
siness during the months of June to Octo
ber, 1867 ? • ,•
4A. , Yea, sir ; I was.
1..Q...And for the year out, 1867? .
A. Yes, sir.
Q. Do you know any sudden "calla"
made by the trade there, or the people who
had contracts in theearly part of July ?=
-A. Yes; air, there 'we - re sudden" elli"
They were madti from the Ist to the 15th.
Q. Simultaneously.
[A. Objected to.] " •
Q. Do you know of any calls being made
by. Tack, Emil Schalk,'Grierson or Thinker
.:Mr. Cassidy. Speak of your.own •knowl e
-- . :There were "calls" made, but there'
were- no "calls" 'made on me.% - I viielt• to
correct my statement. • There was a stair ,
made upon me for wthonsand barrels early,
In July, through- Mr. Crotch* of 'Philadel=
pWa, Mr. Dilworth's agent. Mr, DilWorth
wasnt in Philadelphia.
Objected -to,
• • '
Q. [Objected-to, but allowed.] •What of
Diet:lml those "calls" upon the-pride of oil
in ! July? _ ; ' .
CA. A sudden advance in therice..
tak ' o,
Q. To what extent did the advan ce
A. I had sold a thousand barrels to bo de
livered by th e sth°
idol'', at 25 cents, and
I :
my oil did not ' get tTm -
it Mt, Dii
„paid 30 , cant l s : • Tor to fIU 1 oon.,
la lie* olln • . b a rrel.
A.. Two dollars: • '
co you t to P
Ir, That was hu . pay for
that rise? • • •
A. Yes, air: few n o;
• •
livering tbs. oil?
.L 1 t qr
7as. Mi.,riniQrt4Pal ,X J. '•
I de 'net hneW:to'Whem titatielkwootiV
I.•do - , Aot :kw, who 404a1s psid : I
Dilworth. my ent be .in PhiladeciPhisAaa
M age
' I
s oil for m, the did nos give me
the name of the ht...yar, When they "coned"
• for the oil, which t0.°Y. : 1 1 ,41 suddetq ( ; j it
thlrtV'oellto: ,
Q.vaq i i was that sudden ,icau"iappr
t i be. filth .Ittitelc i „ , l2..arut
given MO about the filth,
(r. rpm 01l continue
thinkit _to
the. inatitet 4ursi 3 gir d t, 63 .
duriter4lnly',l ,the •
44'0Fir • itod,„' :
amidelM,Y o 4r" i bi d ..
Aitlte. ' WY* iftWe t
irir4 'sae.
Q-driv_tho , -
what was oil, refined oil?
A. Well, I had some oil sold at tieaty
cents, twenty to, twenty, I be
Q. Then ltranup in,the 1:41:11th to=
thirty-five cents?. -
A. 'Yes, Mr...' • • ,
Q; _When did It 'tumble down? -•1 ,
It declined , in Angust. ..atought in
August, at , twenty-eigfit — Utid a half
cents. 11l September it went up as high as
thirty-seven cents.
Q. In October what was it?
A. About tblity-fiie eenta.
A. I think about twenty-two or twenty
two and a quarter, cents.
l ar 7 P-PdafiftWhitt'tilluVaibUttatts ll . -- tn ..,
the price o oil result frcurt any oil being
br,ought from the' 011-regior4 oor any addi
tional supply of oil
A. NQ, sir. ,• • • ' •
Q. What was the condition , i of the, river all
that 'while?' •
A. The river-was very low. -
Q. Unusually dry?
A;.Yes, air. , -
`wawa So low as to rkevent oil being brought
i` -A. I received- one boat during the sum
mer, during the warm weather; it was a
very small boat. ' -
Q. How many barrels?
A. I think it - was 145. '
Q. What do' ,, the boats generally carry
there? • : •
A. They carry from seven to eight hun
dred and a thousand barrels; some, fifteen
or sixteen hundred. •
Q. Have you any_ unowledge as to What
produced that wonderful rise in oil and
that wonderful fall in oil, without there be
ing any supply from the oil region?..• •
A. I don't know that I have any crtain
knowledge; only knowledge from hearsay.
Q. Do you know of. no natural causes to
produce it? ,
A. No, sir.
Q., W hat do you mean when you, say
"from hearsay?" What have you ever
heard from Emil Schalk, or the Tacks, or
N. I - have had some conversations with
Mr. Tack in reference to oil: .
Q. Do you. know of anybody being en
gaged in a combination to "bull" oil to
raise the prices? "
A. Of my own knowlekie I do not.
Q. Have you no knowledge, from what
you heard from Theodore Tack, Augustus
Tack, or Emil Schalk, of any such opera
tion? '
A. I had very - little business With Mr.
Tack. • Individually in refined oILI had,
I might say, no business with him during
the summer of 1867.: I had some traymc
tionsin erode " • •
Q.' "In anY of your transactions did 'you
ever hear them say'sxtything about a "bUll
ring" at Antwerp,' or an "Antwerp ring?"
A. They never said a word ,to me about
it, nor In my presence:
Q. You say, you did not trade with them?
A. Not in the summer of 1867. We had
some transactions in crude oil. They bor
rowed some crude from me in 1867.
• Q.,: You did nottrade witheach other?
A. Not in refined oil.
Q. Oil was "called," as I understand it,
"When you were "called?" •
A. Yes sir. The. time the "call" Was
made on 'July
. 5th,,1 think oil was 'about
twenty-seven cents; thirty, Cents was the
price paid for the 1,000 on; the 15th.' '
Q. That was "called" in accordance with
the terms of the contract
A. Yes, sir.
• Q. The party had a right to "call" upon
you for the oil in accordance with
,the sale
and contract ?
. ,
A. - Yes, .sir. -
Q. You did not lose any money by that
Ifl had not sold the oil for - twenty-five
cents I would have made money, I would
have made $2OOO more than I did.
Q. As it was you did not lose?
A. I don't know whether I did or not.
I cannot remember exactly the price I paid
for the crude article.,
Q. Do you know of any reason for this
falling in price of your own knowledge?
A. I know no outside reason, no more
than there was more oil than they wanted.
Q. [By Mr. Mann.]. If instead of thirty,
oil had been twenty cents, then having
sold at twenty-five, you would have re
calved $2,000 instead of paying that amount
• A. If I had not sent the oil' on I would "if
I had bought at twenty.
Q: [By Mr. Hagert.] As I understand
you the operation was, this.. You had sold
the oil at twenty-five, and when you deliv
ered it oil was up to thirty cents. ,
Q. That Is, in order to fill your con
tract at twenty-fiVe, you paid. thirty, by
which you lost $2.000?
• A. Yes,..sir.
Q., Now, then, how did you make up that
loss of 5`2000? '
A. I had oil on hand.
Q. You made the thirty cents for what
you had on hand? -
A. As far as I can remember now, I don't
think there was much difference in the . ac
WILLIA.N. D/WORTII, Jn., sworn:
Q. Where is your residence?
A. Pittaburgh,:on, the Allegheny river.
`Q. What Is your, business? • ; • •
A. Lumber and oil. • - ; • •
Q. Were-you a resident of Pittsburgh last
summer, the summer of 1867, and all.the
year 1867? , ; • •
Q. You are sir :
with the state of the
oil market in Pittsburgh during June. July,
August and. September last? ,
•A. "Tolerably., ' . • •
Q, 'About the middle of Jane to the /aid
of June, what was the price of 'refined oil?
A. About;twentyrtwa cents in Philadel
Q. You say it was about twenty and
twenty-two cents?. .
A. Yes, sir. , . • , .
Q. What did it ri se to inJaly?
- A. About the Litter pitit of 7itly it went
up to twenty-eight and twentY-nine cents.
Q. When did the rise begin?
A.. From the Ist to the stb.
Q.;lt,continued at it?
A. Yes, air.'
Q What was the maiket in August? -
A. It 'Ailyanced gridually. I think—it did
not advance yezyrapidly. • •
Q. When did the market fill—go bac kto
its original price?'
A. NOV • ember. ~
,_ _
Q. What was the condition in Septegtber?
A'. It was the highest price.., . ... . .
Q. Didit itdvanee? .- • , ,' . •
A. It advanced in the month . of Qctolier, `
and contracts were sold as , hlgh. air flirt;
Q. Did'irau hear of the cable dispatches
of the price in Antwerp?,..,,. ' . •,, • .• -
A. Yes , sir. RI haw . thorn daily• •: • ,4
Q. Did they produceAny,effeett,
A. The market fitictuateilVth the pr ices
In ',/t,*worp t . • • • • , - -'. - •
Q: When !tinge in Antwerp to the high-:
ssl it titaid!d the market, ripe here- Sarres
-9,... 4 miSSAkiiieyOUaity as you received
theise..d4batah* • ,,; ' , ~;±.-:, ;.: •:.
A.:Yes, Sit,— .1. ' .i;;: .
4: - Wt4R4 Pit 4 101 A diciiti l O ..049.isime;
here. ' •, ,! '• - - ~ , •
A. ThiPiiiiiiket tint; iviiiiicer as - 'the, iii.!
dine commenced ri...4,24werp. , •,, • ,li
i :Q,.'What'dld'it Milne kith Afifwerit. , t_,
A. iittfiat as highMlA47 4 4o4 , •francai.and
Was as law air farty-ts!AACid PPAY-tilrect , ! 1v1.;
Q.„Do yOu4ASiss. l 4,44karialVitY4 OP*
f pr AWY S24OS4I3OI4 P r t a RPFY ,42I - 1 1° , 9* 1511
thaw changes? - ,
A.,,i oi,not i knowut Anrocaicityts the
... .
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llSrgdggP, Vili
Q. DO you know s man named licligutmg,
A. Yee, sir.
. . ..
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GAZETTE: FRIDAY. ; ..4 13 4 17 4:44;: -1868
r What b his husineas?
ochmeetion with Mr. Schalk?
• A. I don't know.
Q.'Do you_know whether' he was 'the
agent of Schalk ?.
- A. I believe headed as agent for Schalk.
Q. Where does, the oil come from that Is
brought tolittslatiglat
A. The principal part from Venango
county__ - -- -
Q; Is it brought here to be refined? _
A. Yes,. sir, it is brOught there 0,;:' its
crudestate. •
A. Yes, sir ,
Q. How.-ranch crude oil deer tak to
make refined oil, what proportions? I
A. The.calculation -with those who pur
chase and sell Is 663‘ per cent.
Q. That is what - they expect to get out of
crude oil? -
A. Yes, sir. 'The waste and evaporation.
Q. There is a loss of about 32 cents.
A. Yes, sir. •- • -
Q. Was there a hirge supply of crude (Al
during the months of July and August?
A. There.was up to the first Of Jane, and
the river then went down and I think the
supply began,to diminish from that day.
Q. To.wnat extent did the crude midi
minish; waethere any large stock on hand?
A. There vras from the , amount passed
over the - Penn'a. Rail Road—from what I
heard here yesterday, over 600 000 barrels.
Cross-examined: by Mr. Cassidy.
. • Q. How many?. •
A. Over 600,000 barrels.
By Mr. Hagert. " -
Q. Was not the stock of oil in Pittsburgh
in the month of March, somewhere in - the
A. I don't kaew.
Q. You don't know what the. stock was
in March? •
A. No. :
Q. Can you tell about how much it
A. lam not posted. , • •
Q. Can you - tell Whether the stook was
not larse in March?
A. Not so large as in the month follow-
t?.. - Which month following?
A. April, June.
Q. I want to know 'whether there was
any large stock to start the spring?
A. There'ivas. • •
Q. That was the accumulation of the
previouis month?
Q. Then the oil continued to come until
the early part of June?
A. •Yes; - „sir.
Q. Then what was - received was added,
less what was shipped? • •
A. Yes.
Q. What went to Philadelphia was accu
mulated prior to - June. Can you tell how
long those 600,000 barrels had been accu
mulating in Pittsburgh? -
A. From the fall previous.
Q. Then was it not generally understood
that the stock in June was very heavy, and
the supply to the market the coming month
would be very large?
A. Yes, sir.
Q. Was there any reason to explain any
largo demand in the month of June?
A. -In Pittsburgh.
Q. Anywhere? •
A. No, sir.
Q. I understood you to say that the sup
ply was:very large in the month Of June.
Any unusual demand in the month of
A. No.
Q. You say that oil in June was 22 cents
in Philadelphia. Please say whether you
mean ~ spot" oil or oil for future delivery.
Is there not a 'difference of 1 and 1% be
tween the two? '
A. I think not at that time; there gener
ally is.
Q. Mr. Mann asked you whether oil did
not go back/ to its original price, and you
said ves. Mi'hat do you mean by this
"original" price—the price it stood in
A.. No.
Q. It fluctuates?,
A. Yes. -
Q. From week to week, month to month, ,
and from day to day?
A. Yes.
Q. Does not the question of supply and
demand Influence the price at various
times? •
A. Yes, air.
Q. The amount of stock and the demand?
A. Yes, air.
Q. It is influenced by the amount of oil
liable to "call" at any particular time—that
is the demand?
A. It is frequently , influenced without
reference to the law of supply and demand
by manipulators.
Q. It is also influenced by the question of
the rise in the river, the supply and the de
A. The market responds to the supply
•nd demand.
Q. How did you got your information
bout the prices of oil in Antwerp? ,
A. Only from the telegram, and I was
ald in the papers and the dispatches.
Q. Do you know what the price of oil was
n_Antwerp on the lat of June?
A. I don't know.
Q. Do you know what the price, was in
Antwerp on the Bth of June?
A. I don't know.Q. Do you know what it was on the Ist
or Sth of July?
A. That I can't answer you.
Q, Can you tell.whether oil went up or
down from the Ist to the Sth of July cor
responding to the rise and decline here—
from your own knowledge, from any die
patches ?
A. lam satisfied the Antwerp did not
respond to the advance here.
Q. Didn't the Antwerp market fall off
from the Ist to the Bth, and the market
here go up from the Ist to the Bth?
A. Yes, sir. I know it went up here, but
I don't know about there.
Q. Didn't it fall off fronf the Ist to the
18th, while it advanced here ?
A. I know it went up here.
Q. Didn't 611 advance froin 24 to 33 be
tween the Ist and the 24th of July, and did
it not decline Iti'Antwerp from 43 to 41; in
other words didn't oil go up here and de
cline there?
A. Idon't know, about there; I know it
went up • here. , It was lower there than
here. • • •
Q. Then the market in Antwerp does not
follow the market here necessarily? '
A. The market in Antwep don't, but this
market respondsto the Antwerpmarket.
Q. Is not the market ih Antwerp gov
erned like every other market by the
;question of supply , and • demand as well as
t state of the market„ ere? • •
A. The niarketa are frequently governed
by the nutnipulations of certain parties—.
Q. All , no also owned by the amount
of the istookl i .tha,uature of,the demand in
'EttiOPS as well as the market here? • ,
A. It ought'to be, but, does not. ..>:.,
Q. You swear than, as a fact, that the An
twerp market is: not affected by the:nues. ,
ticin cff the stock on hand, and the demand?,
lqd,rogialaiik.. • ,
inliumiPO4 t4ese causes as
other 'Markets? ,
A. • It ought te; but l o n ot . • •
the reason? Dp yoi
ktailv'the Act tat;it.does not
A. I don't,' bid - I am satisfied'from,tne
acquabritaticenni .the Markets here
sre- o nce
in ligitimate Imr else=
Wherte 3 '.' ,... c • • i•
rgi Ri s Vr 6)3'oll4:hew that? • ;,
• There was too Muth WV ?Yeti Witbre.
, objects 'JO 'lbrm" of the
questicni. •
, Jvoo undertake to swear that
the price ot-tfre market -Was influent:6d 6y
A dham,than eamws,-. wing tune do
„44.1 larta.rehalflog_ there!! was •more
WM elm altipmr_tas demand hare. •. • ,
;=neat (Al 1 , 1 -4'l; ILI '
A 4 In.ltigagt-Juiy.f, •;, A,st , L
' At I#l4 theEprinegougtib Amer f•/:
,A.- rte sUs 4•Ai
litv) I, • s
4 1. , :r_i
( 4„ nak I lly0:411411teadlly 40111131 4
from April until the early part Ad
?tom the first of Ape.
A. Xes, and
.went &fon t desdaY — Telfhled
Q. tim speaking of refinedUll..
Q. Was there, not, a .large shipping
Mand in. the Month of July—lyou knew:
there was a large number of vessels on thek
berth waitingcargoes? -
• ' I am not Mlle of that.
g. Have you not the means of knowing
that from circulars and dispatches as that
of the Antwerp market.
A. No, sir. .
:Q. Then you don't know what the de
mend was in Philadelphia for oil? You
don't know e . natithrof the demand in
:4 11 4 1 X — ' , *.gg_ 4 1 :4 31 1 1 ?-: - . - :.r...... - • • ~....-_;:., •-:.-v.4..-3-.-..
A. There as a demand—no doubt of
Q. Large• or small? - . ,:. . -", ''
A. -It was n t a legitiniate'demand, 1 Om
satisfied:: .. • _.. ~... "• .... • : •
Q. Do you can to say under oath there
was net ala e demand for, export in July
—a lax& Mil rig demand?.
A. There I no doubt of that.__.,
Q. That erl33vad? -- .t . •
A. Yes,'s .
Q. Iwa to ask -you whether if there
was - a shipping , demand, the prices
would not dvance. ' •
A.-If the e 'are vessels in the market to
take it, it ould, of course. • ' •• •
Q. If.the e is a demand,' it would put up
•the,price ? . . • , .• - •
A. Yes, sir. . . .
Q.'Had - there not been large "short" sales
in Tune?. • , , ,
A. Yes, sir. "
Q. Was not the sales for delivery. in June
and July unusually large?
A. Yes, sir.
Q. Was not - the effect:to put up the price?
A. Yes.
Q. You mean to say then there was no
legitimate reason for the advance?
' A. The detrumd was from speculative—
Q. Please answer , the question?
A. The number of contracts that had been
made, made the demand speculative in
stead of legitimate.
Q. You have said there was large demand
for shipment, and there were large sales,
and I ask you whether such a demand
would not have the effect of putting up the
prices legitimate ? You can answer that
question as a business man—it is plain to
every, one. My question is :,, Whether or
not that legitimate demand was mada—the
shipments of oil, the large short sales that
fell due in Juiy did not have the effect to
put up the price? , •
Mr. Diann. He has said the demand was
not legitimate.
Mx. Hagert. He' said there were large
"short" sales, deliverable in July and Aug
ust. and .I ask him whether the effect was
not to put up the price. To make it sure,
I will go over it Again.
Q. Was there not a large demand for oil
for export in the month of July, and brge
numbers of vessels loading in the month of
A. I am not positive as to the amount.
Q. I am not asking the amount.
A. I have no doubt there was.
- Q. Didn't You,'ln answer to my question
whether there were large "short" sales, say
there were?
A. Yes, sir.
Q. Now . , then, sir, when these calls were'made,
made, and there was that demand for ex
port, and a large demand, I want to ask
you whether the effect was not to put up
the price legitimately?
' A. The prices—
Q. Answer my question. IS that not the
A. Yes, sir.
Q. You have been asked if you knew
Mr. Edgerton and whether Mr. Edgerton
was not an oiebroker, and • acting as agent
for Schalk. I want to ask whether his
business was not that of a broker; and
didn't he act for everybody who sent him
A. Yes, sir.
Q. He was not special agent for. Schalk?
A. No, sir.
Q. Are you deputy collector at this port?
A. 1 sun.
Q. Were you so in the summer of 1867?
A. Yes, sir. •
Q. How long have you been there ?
A. From the month of May, 1887.
Q. You remain?
A. Yes, sir.
Q. Did you prepare and certify , a certifi
cate of the number of vesSels loading from
the port of Philadelphia?
A. I did.
- Q. Is that accurate?
[Paper produced.]
A. I presume it is accurate.
Q. Look at it.
A. That is my signature, alid that is the
seal of the office. Of course I nave to do.
pend upon the subordinates in the office.
When a document of that kind is taken
from the office, the clerk who prepares that,
and before I sign it the seal of the office is
put upon it.
Q. That is a certificate, copied from your
A. Yes, sir. -
Q. Turn to that, and tell me how many
barrels of oil were exported in the month
of July, 1867? ' -.„, •
Q. What vessels cleared, and what the
cargoes? , • -
Mr. O'Brien. Do you offer that?
Mr. Mann. I don't know:
Mr: O'Brien. Don't readituntil we know.
Mr. Mann concludes to offer, and defence
propose first to cross-examine.
Q. Din you make this out?
A. Only signed. .
Q. ,I understood you to say it was made
up by officials in the offi ce? .A.. 'Yes, sir.
Q. It contains only a list* of, the vessels
cleared? - ' - -
A. r can only Say It contains what it does
contain. ' I only certified to the correctness
of the statement.' ' -
Q. You only take "cognizance of vessels
when they tallier clearance?
A. Yes, sir. ,••
Q. You don't keeyany record of• vessels
in the berth,loading until they are cleared?
A. If it is a foreign - vessel, 'we have
Q. But you do not give a clearance until
she is loaded. Prom the records in the of
fice, you can't understand the number of
vessels loading with. oil and in the berth?
. ,„
A. Oil being in bonded warehouses, and
the Government inspector being in charge,
he could give the inf,ormation:
By Mr. Mann ,
Q. This give the whole up to the date?
Q. When a vessel completes 'loading, you
get a statement?
~ ,
A. Before she clears, the shipper, must.
swear to a Manifest, and the , captain must
swear to the whole manifest.:.,
Q. Ali that is the process, of clearing?
A. Yes, sir., ..,
Q. If they swear to that, and do not clear
they have a right'to go? ' ' • •
[Statement reed inevidence.) •
_Omumnis C...ltunms, n witness , for •the
prosecution, sworn: .. ,
' latamined by DiStrict Attorney Nana.)
Q. - Where do you live?.
A: Vittsburgh. ' '' . ' -.
-Q. Do yon Itoorr , Thae. Tack?
, 4 A.'"-Ido,"eir . . o) •'• t., . -.- .., -• . ' ' ~ •
Q. Do yonknow the t lrinofTeck;DrOtheri
Q•. Who are :the 1 pertierii'.'the active'
people Oft thid "firth? •• ''.., ,' • .
- M.r.,(fitlitssidy. , '' 'Sate, ' s chly - of your ' own
A. Mr. Theo. Tack and Mr: Aug. Tamik
are the most active - Members of the con
' cern, air.. • ' ' '
Q. , Dolou. know Frank Tack?'
.A.i.ido. n, ~ ..I.f .:- i .:• , ..,1 , ,„ . :. ,••; ': ..
. ,Q.. Alta patient ,i.,.!: ri7. - : , - 1, • . • .
Ai iI z ACOV.t know wisethel he is a partner
orno ii.lii.,-".e.,t .. ... , -1 -. . , 1 9. i, ~'.., e (11, , • , :.. . :
4, ! 0404.iiiiigiiiid:With•Ida' hind ,
A. li gave seen hlipaappsriting. '
• Q. You *mow it,l9en,yonm it? ~ , , r
1 1 11:ttildlikardn.' 1 ! • '- ' ` 1 : - '”" i " -
rya shnint,ritrCaz tiiitt 0.) , ,b ~, 1 ,j,i ti ll
DO you, or not, know his handwriting?
A. remedy say that /think I. do; I Am
not positive:
• Q, . YoUllaveirkt cenfidenepvhether you•
know it or net? , " 5
A• I could:not swear iisraitivelythid this
was his signature; I could only say that I
believe it to be.
4 1 To what extent have you knowledge
of his handwriting?
' A. I have seen it in business matters.
Q. Did you ever see him write?
A. Well, I cannot say thatl ever have; I
think I have in one instance.
Q. Did you ever see writing that you
knew he acknowledged to be his?
A - . l may ormayr-nOt; Itatibet - rde iecY
T. W. DANIS, a witness, for the prosecu
tion, sworn;
[Examined by District Attorney Mann.]
Q. Do you know Frank Tack?
A. I do.
Q. Are you acquainted with his hand
A. I 'have seen it on several occasions.
Q. Do-you know it?
A. I do not think I would be prepared to
say whether it was or not his writing. I
have seen it. [Paper shown witness.] I
would not know that. .
Do you know Frank Tack?. [Paper
shown.] -
A. I know Frank Tack; I do not know
his handwriting well enough to say what,
that is.'"
CHARLES C. BURKE, re-called:
[By District Attorney Mann.]
Q. Do you know of Brewer, Burke 6: Co.
selling to Tack Bros., on June 14, 1867, one
thousand barrels of oil?
A. I do. • -
Q. You say that on June 14,1868, Brewer,
Burke dr Co. did sell to Taeks a thousand
barrels of oil ?
A. Yes, sir: I saw the thousand barrels,
Q. State what purchases you know of in
June, July and August.?
A. In August we sold them • and held
their contract for two thousand barrels of
oil. '
Q. [Judge Brewster.] Bo Tack?
A. Tack . Brothers; 2,000 barrels, deliver
able 500 in October, 500 in November, 500
in December, and 500 in January—price
31 . % cents.' I would like to say in explana
tion, that at the time this sale was made,
they gave us another party; they said it
was bought for another party.
[By' Cassidy.] Not for therriselVes?
A. No, sir.
Q. On the 14th day of June, when they
bought a thousand barrels, what did they
say then?
A. I know nothing about that.
[Mr. O'Brien.] Ho has not said they
bought • any in June. [To witness.] Did
yon say so? '
A. Yes, sir..
[Mr. O'Brien.] Then I run wrong and
yon are right?
A. It was sold to them direct, for aught I
Q. There was nothing then about their
buying it for anybody else ? •
• 'A. blot that I am aware of.
Q. What subsequent . contracts or pur
chases were there?
A. We sold them, Sept. 6th, I,ooobarrels,
deliverable 500 in December or January,
and 500 in January.
Q. On whose account?
A. Tack Bros. :
Q. Their own account?
A. I suppose they bought for themselves;
they gave their own contract.
Q. When was the ,
A. I think we sold them a thousand bar
rels', in October, for December delivery; I
think the price was 34 cents.
Q. You have used the term "I think."
Have you any doubt about that? '
A.. Well, I have no memorandum of that;
I know we sold them a thousand barrels-
December delivery-34 cents,, or about that
Q. Do you rembmber seeing Theo. Tack
in Pittsburgh, about the Bth or 9th of July,
immediately after his return from Phila.-.
A. I saw him very soon after his return
from Philadelphia. -
Q. Did you talk with him then upon the
subject of oil?
A. We were ',alking about oil in. Pitts
burgh. Mr. Tack gave his opinion that the
market would advance. Some one re
marked that he had changed his views
very suddenly. He said it was very well
to be "short of oil," but persons should
know when to take the other track.
Q: What else did he say about their own
condition in regard to that?
A. He said that Tack Bios. were all right.
A. Well, sir, there was a paper drawn up
in pencil• for the purpose of stating how
may parties could be got on it to buy oil
in ntwerp and Pittsburgh. There were
so °three or fotir parties got °tithe paper,
and that is all I know about it.
Q. Who had that paper? .
A. The paper was handled by several
parties. Mr. Schalk, I think, was the
leading party about the paper.
Q. Whom did you see with it? '
A. I had' the paper myself in one in-
Q. •Ezotu whom did you get it?
A. I think I got it from Mr. Schalk,' Mr.
R. W. Burke, and Mr. Dilworth.
Q. What were you doing with the paper?
A. I asked several persons to sign it.
Q. Did your firm sign it?
A. .I think they did; yes air, they did.
Q. Was Mr. Schalk's name.on it?
A.. Yes, sir.- • •
Q. Was Tack Bros. & Co's name on it.
A. :Yes, sir. .
Q. Was Grierson or. Bunker Bros. on it?
A. Not that I saw.
Q. Do von know of their going on it af
A. Ido not. There .was 'Another paper
afterwards. 'I do' not knowlanything about
Q. This was the outline in lead 'smell,
and the other was to be tri ink?, What was
the fact? Tell it all without my asking
and fishing for this thing..
A. I will, as quick as I can remember it;
it is so long ago that I have.forgotten a por
tion of it.
What did you do with that'paper ?
A. Well, it went back to Mr: Schalk.'
[District Attorney for •the produo
tion. of the paper. Defendants OM to pro
duce it.] .
• Cron-exantined:.
Q. What became 'of that proposition or
agreement about !•ealling?" • •
A. I think it.did not amount to Anything.
Q. It was a Grille ? •
A. Yes; sir. :
.Q. Why was it dropped?:
[Objected to.j -
Q. Did not the agreement fall through in
consequence of oil in -Antwerp going up in
the meantime, so far ae you know?
A. Well, I don't icnoWwifether-that was
the reason or not. '
Q. You only.know it wag
A. Yes, sir:
Q. Who originated that matter?
- A. Mr. Schalk iniggeated it first;
Q. Who drew •the paperapt :
A. I think. it __was drawn, up by my
Q. Who signed . o - drat?
A. I cannot say positively..
Q. Did Mr. ticheJlt .sign that paper, fi rs t?
(ou say his name was on it. .., - •
A. I cannot say whether he, signed first
e. not.-- • ~. .. • ; • • -1-1. ,
Q. , Did not your brothe r sign that paper
int? ,4 . 4 s , , A; '-f .1.1 - . ' • I 'I .
A. Loaanok mi. who signed Itifirst.. Ili,
was signed by several mute there. . ,
Q. What was , the price of oil in Antwerp
compared with theApar,ket.bere at the, time
this PaPerArifillOwire ao you . ? !Don't you ,
know tunde r, ~. , • 1 , . .., c ri , _ .. •
A. I,don't now the rapt;
Q.... What Mouths/ea Ur ,
Plialt,_ ,___.,____,ltiaVia in Autmt , -
,____.Q., Aktoo-el, WIMPS flVottei part of Au
guati . • = • I its tr) 4 ' 10 :),1
i t
i t
idro o ll 44 o •.1 t'i JO ~1i Iv : L . = ii ..
Q. -"NUL ALTllRfAntwerp sagli,
IVitiir :. zII ~, / :1 .-... iii loc ii t iii
about the re ...
ire p co of oil.: 1 ' ? ":'
'Q. The object was, as I understa nd you,
to purchase oil in Antwerp.
A. Yes, air.
Q. Did you not know that the Mews.
'Tack had been largely "short' in the moan•i
of June?
A. Do you wish to know:my op inion?
Q. I want to know whether that was
the general understanding, the report
the trade, that the Messrs. Tack wei
"short" in June? Don't yen know it ?
[Objected to,]
Q. Do you not know ttiat the 'Alessi .
Tack were "short" in June? •
Q. Don't you know that they were "short;
sellers inthe month of June?
A. I &Ail know anythts , g about „the ..;
busineis. - T can eye yon the reports oz
the street, what others Said: . •
Q. DO you km* whether the repo=
came, to Mr. O'Verinor'w knowledge
not? ' J, ' •
[Objected to.]
Q— Do you know whether Mr. O'Conne,
knew they Were "Short" in the month ci
June? I . •
A.. No, air. '
Q. The Tacks were brokers?
A. Yes, dr.
Q. Buying and selling oil for othei
parties, as well as on their;- own account?
A. Yes, sir. •
yhen d you made a sale to the Tack*
•• I •,"
could you distinguish' between purchasei
made on their own account and purchasel
made for others? In other words, is it nq,
customary lota broker to purchase in lul
own name when he is buying for othel
people, and 'give his - own contract? S'
A. Yes, sir. , '1
Q. And then transfer the contract to hi
customer, as was done in the O'Connoq
case here? ' ii
A. Frequently done.
Q. This sale of a thousand in June—wal
that made by you in person?
A. No, sir. , 1 I
Q. You were in Pittsburgh at the time?
A. I think I was; I don't renember.
Q. Was not that sale made by Mr. Mossi
A. I think it was; he was our man heru;
Q. Therefore, you know nothing . abotti
the matter, except that you got a contras
A. That is all I know.
Q. You do not know on whose account oli
for what purpose it was purchased?
A. Ido not know anything about it, e
eept that we have their contract, and sol
them a thousand barrels of oil.
Q. [By Mr. Mann.] You saw Theodor 4
about -it afterwards in Pittsburgh—aboir
this thousand barrels of June 14th? 1
Q. Did you never talk it over afterwar
when you saw Theodore?
A. Ido not think I ever did, di
Junius Murisunizttun, sworn.
Q. What is your business? .
A. Refiner. - ‘
Q. Where?
A. Pittsburgh. . - . • '
Q. How long have you been engaged 14
that business?
lA. Five years. . ,
Q. Know Mr. Schalk . ? 1 ,,
Q. Is he engaged in business in Pitts
burgh? .
A. Yes, sir. ~ . , .
Q. In Philadelphia also? ..
A. Yes, he is now. . . , • }
Q. Do yoa remember seeing him in, thc
ommer of 1867, July or August? i
A. Yes, air; saw him frequently.
Q. Do you know of his saying or doing
anything at all upon the subject ot raisin
the price of oil? : ,
Mr. Cassidy. One moment.
Mr. Mann. In July and August?
A. Not to my recollection. ,
Q. Did he speak to you on the subject o
discontinuing. in refining? • '
A. We had a conversation.
Mr. Cassiday. When? 1
A. I can't recollect. . •
Mr. Mann. What was the conversationt
give us an idea of about the time?
A. If lam not mistaken it was in June.
It might have been in July.
Q. What was it he said to you? 1
A. ,He Advised me to buy refined oil in l.
stead of refining myself to fulfil contracts.
Q. What language did he .us. ? Did MI
try to prevail upon you, to- stop 'working
your refinery? What did he say?
. A. We argued the question of the pro:,
priety of buying crude oil. He took the,
position that it was cheaper to buy, for it
could be bought cheaper than it could be
, Q. Where did this take place ‘.
. A. On Duquesne way.
Q. How did it happen? - '
A. That I hardly know, for we bad fre
quent conversations on this point and
Q. Did you stop refining?
A. No, sir. • • 1
Cress.excfmined by - Mr. Hagert. •
Q. What is your business?..
A. Refiner. - • . • -
Q. Mr. Schalk was also a refiner at that
U ..... : . ja
A. Yes, sir. - .
Q. And is still a refiner? -
A. Yes,. sir. •
Q. As well as a dealer?
A, Yes, sir.
Q. Had he not a largo refinery at, that
time? - '
A. He had large works. -
Was there not aßoard of , Refulers • at
Pittsburgh at that time? _ _
Q. Met frequently? : • . -
A. Yes.
Q. Was there anything peculiar or un
usuatabout. you and people. consulting to
gether about what course to pursue in your
business ? • .
A. No, sir...
, ; ,Q.
,Q. Was it not a constant.praetiee ? •
A. Yes, sir, _ • .
Q. Was there anything peculiar about
this conversation? ,
A. No, 'sir. • .
Q. Had you not frequent conversations
with lthn? „
A. Yes sir. •
. Q. At this time did. not a large number
of refiners stop and buy to fill contracts? .
A. Yes, sir.•
• ,
Q. As a questionof fact it , was cheaper to
buy oil thanit MS to make it? . •
A. Yes, sir. •
Q. That was his belief? • ,
A. Yes, sir. - • '
Q.You didn't agree with him? ,
A. No, air. ,
Q. Could you at that time manufacture
oil for 22 cents? ;
. • •
A. I can't tell without knowing , thevrice
of crude oil. If I knew tlutt,'l could tell
very readily.,; ,
Air. White. You went on ? '
Q. Then yon must have made money?
Mr. liagert. Not, necessarily. •
A. We had contracts for future delivery,
and it made no difference to us... * - _
Q. Mr. Schalk said crude oil was high and
refined oil low?
Q .Did you go. 031,56111ne
A. , We don't sell, *.ve are .refiners.: We
prefer to keep on and keep our money for
other purposes, anduot buY. ' '
Mr. Uagart. Yout had your - money en
amen is to meet.from day to day?
DwxlsL L . bfir.r.s teas/led. ' •
Q. Whore do you live?
A.Rotivarton,lTew...Yervey. - • =
Q. Where do you do business?
A.. 123 Walnut street. • • , ,'•
Q. - What is your business?
A. Chiefly petroleum'
Q. Do you kn0w111,04048 H. Tack?
A. Yes.
Q. Where does he
A. In Philadelpti*, - ,
Q. Do you know Theodore Tack!
A. I do. • • , r;"
Q. Where does ho reilde
- .• Pittabarflb•'''buai-
A. Augnatea Tack*
Q. Do ritikneWAO.,, , T - • .
li. 1311gg1i~lr.
I "'F t Viraa 9 litailik4# l fr.:
A. i d :01.4..1cv summ er?'
Q. Where did he live Wit
' A. Pittsburgh