Newspaper Page Text
THE O'CORIORTACK CASE.
o(Contilued from Second Page.)
Q. And , do business in Plailadfilphia as
well as•PitAsbargh ?
He -httd no house here, but transact
ed btishiessithrongh Various parties.
QDo yotiknow Dir. Grierson? -
-Q. The firm!
- A. Bunker, Broil:l.4k Co. Office, Walnut
Q. Yshe ihenumaging partner in the city
of Thlladelphia? r
A. He-,was, He net a inembei.of the
firm n0,,1 - -
Q. What is his business now ?
A. I think„the same kind of businekswieW
lathilßchalk, but the exact capacityl don't
Q. You say you are engaged in the petrb.
A. Yes, sir. 1.
Q. What .kind of oil is usually shipped to
A, Chiefly refined oil.
Q. What does a barrel contain?
A. Varies from 40, 46, 46 and 47 gallons.
Q. What is meant by selling "short" or
A. "Short" represents the case of a party
whose engagements to deliver are in excess
of his contracts to. receive.. "Long" repre
• seats the case of a party whose stock on
hand and engagements or contracts to re
ceive are in excess 'of his engagements to
Q. Do you know of many of these con
tracts having been made last summer?
A. There are always large contracts on
the market, . sales . made "long" and
Q. What is meant by "spot" oil?
A. Wilmean oilen hand ready for imme
diate delivery. - ' •
Q. What is meaqt by "buyers option?"
, .!'Buyors option" means , to
upim certain terms within :the time desig
nated in the notification. For instance,
"buyers option"—all the year—fifteen
days" wouldba.deliverable upon the buyer
gtving that notice. "Buyer* option" dur
ing a month the buyer wouldliave the right
to call upon the seller giving ' the required
notice—"sellers option" just the reverse of
this. In the absence of notice , the custom
irithat Contracts maturely= _the lost day
of the month, no = node& being. required.
Contracts are made in duplicate, ! one kept
by the buyer anderie- by the_seller, so that
each can give notice:` . •
Q• Do you know what the market for re
fined oil was in.Jime, 1867—the middle and
last of June?
• A. During the last or part of • June, the
last perhaps, • it was twenty-one cents for
.standard, while ztwerity4wo - ,•• cents- was
the last marked.., • - •
-Q. Do port known of, any sudden ad
vance.in the market early in July?
• A. Early in July the market advanced
- rapidly several cents a gallon. •
Q. What caused the advance?
'A. A. variety of circumstances operating
upon the markets produced that
' (1. - State what they were? ~ -
,A. In addition to the ordinary and riga
lar demand for export, there, was a large
demimd upon the part of speculators. .
Q. Calls made? •
A. 'Yes. •• -
Q. State the details. I want the jury to
be familiar with them.
A. It is my business to be posted in re
gard•to the market and I - In= = thefact
that oil did largely advance, and there was
a heavy, speculative demand puthe market,
and there was a cOnSiderable amount called
for delivery—reports of small stock and
reports of "corners" attempted caused
timid people to go into the market for fear,
they would be caught. .
Q. Do you know Jules Crucy?
— A. I do. -
Q. Who are they?
A. In the petroleum business.
Q. Where is their office?
A, Walnut strbet below Second. They
occupy two offices in the same sqUare.
Q. How far from the Tacks? ,
A. Within a few doors.
Q. Do you know of their issuing printed
, A. They were
- in the habit of :issuing cir
Q. Do you know of their having business,
with Tacks and Bunker Bros.?
A. They were very large brokers and
were intimate with' the patties named, and
were in the habit of buying and selling for
Q. Yon saw this circular?
A. I received them regularly. They
were sent around to the trade every . week,
and were a matter of public notoriety in
Q. Do von know anything of the asser
tions ma de - in•this circular?
A. They *ere somewhat startihig in their
character, and therefore it was a subject of
discussion in the trade.
Q.' Were - these assertions tree' or false?
Mr. Cassiday objects, and the objection
Q. _Do yon know of the sudden rise in
August and September. If so, state what
mused it? •
A. In August, after the rise in. -JulyAhe
market receded somewhat; and then ad
vanced again in Sep t tember and October.
i l! in g t or y til ei ef e te ra m be llrl s
tents, and A ent as high as 37 in October.
Q. Will y u state the cause of that rise?
A. The sa e•answer with regard to the
`cause of Lb JulyrisnWilrapplyto this.
Q. 'Do yo knowof a rise in Antwerp?
A. I hav never been , in Antwerp, and
our knowle ge Is deriVed from our cable
dispatches received by parties who sub.
for them , and front 9:ol..knew' of
Q. What effect had that ?
A. It acted upon the market here. '
Q. What amount•••-25cents? , k
A: I have stated the market reached 37
cents. The extreme rise in Antwerp was
from 38 francs, and I - don't remember any
higher quotations than.s7 francs. -
Q. What did themarket go down to
November and September? : • .-
A. The lowest point I remember in De
cember was 20 and 21%.
Q. Didyou or any of your principals get
any of than - contents •inade.thi - D'Connor
through thirTacke? - •
'Q.' Which? • -- .
A.• The contract dated July 2, 487, for
one thoussnd,barrels to M. and P. Bedette.
Q. Did you scalar. Tack ationt that? -
A. I did when the oil was demanded.
Q, What did he, state?
A. Bedeclininita dellverniletinfisaid. he
had no instractionsfromO'Connor to do so,
and produced a telegraphic dispatch from •
(K9ol44t.r_,P3lling him thatilPcWotti4not.ite o i
knowtedgethe call." ' Hi declined to deliver,'
and subsequently a- formal demand' was
made upon Writ orthelawst - AtrincaftWi r. '
in the presence of two or three witnesSes,
went in for that purpose, before whom
the whole mattekleas'discruned .
•Q. Was there a margin pnt up? • .
1. l e r i s t rilMicif coo llar_ lisp
tol o I. t -, e-': bption au fhb
year," and thereMeideocaltof one thou.
sand do ll en.. the ebntract for my
son-in-1ahr,,Mr.4,1114104,M1.44 1 _ • !I.:
theehilinifintitincit - Weiteli c tildth e V art
of the wasf i thek deposit of one thou
sand' ileibuil lis `ll' enkrgin• As a invor, I
taker) the deposit roade.iilid
80 Yule th 1 : 0 24 0 W
Joe: >The uum,...T --Okited, Jai
cumphdied the iniu. 44. know fen:weal *Pt
' rikontaftthe-TBOklileCt a i Vil l s lllo ,,, . •
OW andrndeke*rw ' l 7;i
O'OognortoCrV l NO ri t ,eilled
exchange took qglisawituu 3
tuuireninte& ase twaithidiro4lo 1:
=nibusitsor=ttlatfs.'. l r .,-- ,::.
ig o - o ff *dr a s ow ei c so .12Da!asrvet 11. -
- Avvvivi 4 s r ,t, v 3r ,
had not deposited. ' II. '" 1 " • • • i
Mr. Hard. That is not-what :ho .
Q. Did ke state a reason f - ,
A. I heard nothinget that tints in regard
to the Trust Ocanpany. The Tooke had not.
.; , 3:.c.. ~ ar, s,.~.:.~:3S:a~w';=:¢~ral&+cue -'r..~Y::,^"..~a
informed me of the Trust Company in con
nection withthis contractor deposit didn't
hear of it until after the making - of the
contract. The reason he gaVe me was that
O'Connor had sent them* telegraphic de
spitch, Which they showed, all the
deposit had; .not'beetr:inade in aecoKaUce
with the:conditions - of the Bale. •z' If • • • • • •
Mr Cassidy: That was yoirdeboilt?...r,',
A. That was their allegation and ccaginii
ed by the' • .atch they showed me; 'sad I
could not eistanalt, and I asked for an
explanation • and in making the formal do
mand, took. with :me two .parties,and
showed that the ;deposit , had been nade,
and inquired lithe repository,Pater Wright
& Co., was not satisfactory; and they said
it was, and' was .at a-.loss ; to know the
meaning of the diffiCulty..
• Q. What, did ..o'qorknor say to ion. about
it? . • . •
• , A. O'Connor was . ot in the city. Subse
quents tothat, or on or about the Slither the
month 3 I - telegraphed O'Connor that he
would be held for damages. O'Connor ad
vised me,Ahat. ho would be on. _He did
(tome; and he , and I went to Tack's office.
At that'time the subject was again discuss
ed,'and O'Orninor then alleged, for the first
time, that Tack had_ violated his instruc
tions. I asked him in_what particular. He
told. me that the. deposit showed me ;vas
made in a certain Trust -Company. I told
him I had never heard of it;- that the Tacks
had never made any such request, and had
filled up the contract s uch
the deposit was
made, and in addition, at the:date of the
maturity, they said they were satisfied with
the deposit and the depository,' and expres
sed regret that O'Connor had not delivered.
Q. Did they offer.to Make it good?
A. They did not, or 'rake any offer for a
Q. In this discussion, was reference made
to the letter book? •
A. There was O'Connor's letter to Tack,
and Tack's dispatches, a letter to O'Connor,
and. I think, in the interim, at one tithe,
Tack gave me a copy of the correspondence
on the subject. , • ' .
Q. Did he look at that letter?
A. Tack produced a letter., and read to
me; and O'Connor asked to see whole of it;
and to him the whole of it was shown. but
Q. What did he say, when he saw the
whole of that letter ? -
FRIDAY, April 17, 1868..
Francis, Batee, .a `witness called for the
prosecution, was sworn:
Q. Where do you live?
Allegheny - City.
Q. What is your business?
A. Refining oil. •
Q. Do you know Mr. Frank Tack?
Q; How long have you known him?
A. I think about two years.
Q. Do you know his handwriting?
A. lam not positive that I do. I know
I have seen it. •
Q. Did you ever see him write?
A. I did. •
Q. Do you say you would latow his hand
writing or not ?
A. I. am not positive tnat
Q. (Paper exhibited to .. witness.] Do you
know that to be his handwriting ?
A. I do not
Q. From your knowledge of Ills hand
ivriting, are you able to say whether you
believe that to be his handwriting or not
A. I am not. . • -
Q. Do you know of any sudden calls
made in-July by which the price of oil was
raised? • •
A. I do.
Q. About when did they take plate?
A. From the 10th to the 15th. They were
made by a number of parties.
Q. Do you know anything of Tacks mak
A. I do. '
Q. Just state your knowledge.
A. Tack Bros. called on P. Wessenberg
A Co., on the 15th of July, for 500 barrels,
deliverable in July, "buyers', option."
Q. Any other call?
A. There might have beeri a number, but
not to us.
Q. Was there`a large or small number of
Mr. Cassidy. Do you know of jou" own
knowledge? If not, do not state?
A. I only know from the rumors on the
streets, of course.
Q. Do you know Emil Schalk ?
A. I do.
Q. .Did he ever have any talk with you
about stopping' a refinery?? If so, state
what it was? . -
A. Yes, sir; I• had some conversation
with hiM in regard to it. I think it was in
the laVyy part. of Jnne. Mr. Schalk told
me it would be better to atom our t'efinery,
and buy .olt to fill otir contracts, as there
wouldbe a large demand, and we had bet
ter be prepared for it. We could buy the,
oil cheaper in Philadelphia than we could
make it. _
,Did you follow his advice?
Q. Ho came he to give yon this advice?
-•A. Schalk and Iwere talking about scime
transaction we had during April and May,
and' asked him r What he 'thought Of the
market; what the prospects were. And
that' was the way he came to speak of
Q. Tell exactly what 'he said to you, or
you to. him, on the subject?
A. He said what I have stated before.
Cross-examined. [By Mr.. Hagert.)
Q. You were a refiner, were xOtt not?
A. Yes; sir.
Q. Could oit have; 'beetr•bought at, that
time at 22 mite '
A. That would have depended on the
crude oil—upon what it emits to make
Q. Had not n number of refiners ceased
'operations at that time?.
A. I think they had. •
Q. Because it was cheaper to purchase oil
than:to umke it? _ •
A. I don't know about that. " .
Q. That was the fact —I understand' you
to say-4hat you could buy oil Cheaper than
you could mann/act:me it? ,
Q. Why did:von not cease' manufactur
ing? You went on you say?
A.'? We went'on,andmanufaettned.
A. Because we thought it better to fill
Q. You bad your engaiements to nil and
you wanted, the ' money. you had invested
in' your drudg, oil from the, sale of the re
fines:l and that is the reasonyou went onT
.-• • •
"f 4; "remarks you have 'just sivieir
of were brought out by your conversation
about.the of the market?
A. Yen; sir.. • - _
Q..2dr. Mann has asked you if_ you knew
ofeerkatritiallithat•Put upthainice of oil
ItednitoOstip the iotheilJuly. Do I sui..
derstand yen to. aey-,1 that , - there were -
'''Apalke" •, 11; a
• •T I
Q,. Was it due-this contract of yours? •
A. It was due at any time in July that
they ohOsa tf: 0 ; 001 l far 'lt, givingt en" ol ' I
pettish 4.0 .
Qi 11r1:0AaPearto•be calledlo 'deliver
the oil in theme:nab of July, according Ito
your contract? •
A. We did. • -
Tlunofore /forgot 'surprised? ,
:A. Welll -wo werresurprisedin..; 4 1'7' jr
Why; • • - 1 - 1 " "''
*goof tne market atiltebegofJuly
adebeilkeihM4or the tairUidelly
itteNtelhtlindottlielmmithvi 01' , I• 1
e 15h ?.. ,f0e iist,deliA. Onthth tm . i
i n tZA y W l Winnt , i k taller
.10 tgl. 3Ettl.af.t. _?:?tit
Q. (By Mr. htann.l•4llen you state with
47i . abco:f..) 'Jr
onfort tit /
. on paid then the difference, did
A. So, air w e v furnbhelifhe odl
w ar b l ed:sin. Waring and King=
the oil !bras
- - -
iITISBURGH - GAZETTE : FRIDAY'APRIL 24. 1858. •
t g iiz Mr. Hagert,) They were your
• A,*Our brokers.
Q. At what price?
A.. At 83 cents,
• Q. What, Was the price you agreed to
_. * • *
A. Twenty-eight cents.
Did pay the difference, between
• A. We' die,
Q. How? • ,
4. Through our brokers. I
money - to the brokers; they purclutsed , ii
for us of course, : ; and charged us With thi
Q. Do von know—that_ they purchased
any at all? , •
A: I do.
Q. Frog( whoni?
A. 1 don't know * from whom* they pm.
chased the oil;
Q. Do you. , know whether they ever actu
ally bought any and handed. it over?
Did not they buy somebody's "contracts?"
A. No, sir; they did not. •
• Q. Didthey buy paper or oil?
A. They bought the oil. •
Q. From whom? -
A.-I don't 'know from whom theybought
it. Imerely judge from their statements
to us.. • _ • _ _ •
Q. From your, knowledge, do you kn.w
whether they bought the oil or not? I
A. 'Not from my direct knowledge.
[Mr. Mann after some discussion be
tween counsel, put the following:]
Q. What is the fact. about the matter?
• A. That Waring d: King rendered us a
statement that they had bought oil on ;our
account. ' - -
[Defendants object to a further answer,
and were sustained.]
Q. [liy Mr. Hagert.] Had von. not , the
evidence from your broker in PhiladelPhia
that he actually delivered the oil in Phila
delphia? • . ,
A. Yes, sir.
' Q. How did you know it?
A. By the account sales to us.
Q. Stating the number of gallons actually
delivered and ganged by the gingers?
A. Yes; • sir. ,
Q. Were you short of oil when you made
the purchases to deliver that oil?
A. Yes, sir:.
'Q. Had you no crude oil on hand? '
A. We had crude oil on hand.
Q. Did you not get the benefit of the rise
in the market on that oil, or could you not
have got it? _ I
A. Indirectly, we did.
[James O'Connor was again recalled by
the prosecution.] • _ k
Q. Do you know Frank Tack's hand
writing? I ,
A. Yes, sir.
Q. [Showing a paper.] Is that hi hand
writing ? „
- .A. Yes, sir. ~ .
Q. Was that letter delivered it your
house ? ,
A. Yes, sir; at my house in Pittsburgh.
[The paper is given in evidence.]
Daniel L. Miller, a witness fcir the prose
cution, is recalled. . 1
Q. [By District Attorney Manni ;Did you
have any conveisation with Schalk on the
subject of "bulling" oil and rain g prices?
A. Notpatl. remember, in those terms
or words; I had conversations with Schalk
at different times, during last summer, in
which he was very confident— I
By Mr. Hagert . State what he said?
A. Well, he said he would advise me
very strongly to buy oil for the late months
of the year, that it was inevitably bound to
advance, was one statement.
Q. Did he give you any reasons for it, or
make any allual l ens at all to this eombina
A. Schalk did,give reasons'for his opin
ions and faith in the price, and among
those reasons were the purchases) of large
quantities or oil in Europe, and thepower
and control he, himself and some others
had over the market to some, extent. The
exact language he used I don't remember.
areas-examined. [By Mr. Hagert.]
Q. You have been examined in tho equiv
proceedings in reference to this matter ?
A. I have.
Q. You were asked as to the residences
of those parties and their busine ss.. Whore
does Mr. Grierson reside ?
A. He did at - that time reside at Wood
bury, New Jersey.
Q. Mr. Mann lies asked you what "short"
contracts and "long" contracts were. Did
you ever hear of a "short" contract or a
A. I have in substance, but not in those
Q. When you gave a definition - of this
matter you meant "short" sales or "long"
sales—that the.party was "short" or "long"
A. As connected with contracts.
Q. When'a man says he is short in oil,
he does not, necessarily, mean he - is not
buying ? If he is short and oil falls he
necessarily must buy 'to till his contracts ?
A. Yes, sir.
Q. Was there not in the month of July
what was called a verglarge ".abort " in
terest in the oil trade.?
A. In June and July there' was well un
'darstood to be in the market a large "short"
Q.-That is to say, there were a number of
persons who had large qUantites of oil to
deliver; which they would have to go into
market and buy ?
A. That is so. • '
Q. I understood' you to define rbriyers'
option" to be, that the . purchaser has the
right to'call for the oil -within the months
specified for delivery or giving notice?. '
A. CertairilVsc: ;. :
Q. The . object is to enable: longer to
"call"' for the oil, when he will make nooney
on the "call?"' - - • '
A. 'Or when he wants it. for delivery.
Q. Then the purpose of a purchase of
what is known as "buyers option,'! is
either in order to have the oil to fill a 'con- .
tract, or to make a re-sale of it'at a time
when it can besold profitably?
A. Those are the - 'beret objects con-,
templatlxi in the purchase::
,Q. As I nnderstand you, if the buyer
fails to call for it within the month, _he la
bound to take it at the end of the month?
A. That is the generarprinaiple and nit-
Q. He is bound to take it in the month,
his "option" is only as to the day pf the
A. Yes,' end • the' seller has the right to
make him-take it on the last day if -he has
given hint no notice. ; '
Q. Was there not a large liuntber of Vim
eels in-' the month of July loading with bit
for Europe at the port of Philadelphia?
A. There -• r - i - ' '•-• -, ; • '
Q. How many can you state? .
A. The exact number I cannot_ ell.
Q.:About hoe many r -.., : . - • ~;.
A. 4 BM satisfied that the capacity of the
vessels 'exceeded • 100,000 barrels. " I had s
very &din& recollection at one time, 1
think fronll4o t ooo tolso,ooobarrels.
;_Q.' Pot• vessels loading!
A; iYes. ; • ; .-, ~ . • ._ i , - . -... r. t ,
; Q. Was that . not an unusual amount of
tOnnArt .: , - .. -, ,- ‘1
A. .verytinnsnal• , ; ~., • 1,
Q... Did you ever knowof such an amount
before,•in your experlenceT ,, --' 1 - - ' •
-A. Never, - ,1 - .:,... •, • :., f. ~..; . ~, - ; -•,_ ...,:
Q. In order. ta supply that demand, was'
it not i necessary , that alirp amount:of oil
should be forwarded from Pittsburgh to
this market ! • - -a-- • . .
- A ii.,. n . wa is;.pit—., t . -.,
Q.+'Atid;itasilheke , •nOt lA* ihilinietts
over the ,valifead from Pittsburgh at that
lu.lithirre*ere. , .- . 3 0 :ILif. :1., .T 1
44.*Whatiwas i thpeiffeAnten ihe Orilie:of 1
asitof 6 late blisi t oo3r,',
, ni b l igionn i v!.: II ,-.1 , ...,0 ~ , ..I. ~ , i .!;., , .., .
in T Ilt;the: - 1401 , 1*,44 igliirtg4 t o ei.'
WO** ttiosiceididereld . (.. .
, Oi , ,
la „ .. •A" , ~ APTr.. ..:- '.; 1 4
hill 31i Ilt: 141 0 0 1% A 4l
iegitilf 1 ilia *Om.
i gelled to pay what is Called NbrzatiMigilif
A. Tbs 9 varf o r 3 steeisnY, Ismg mord ,
lug to thesis. avowed, alft to *qty .
day* The mere= are. rare outside of
time Ilirdts. .
4. - What is the average about?
A. I should think from twenty-five to
Q. Suppose a vessel does not get her car
go on board within those twenty-five days
—is she not compelled to pay a heavy- sum
for each days delay? •
A. _lt is the almost univeral condition of
.charters that it the vessel is not ••loaded
within the days . :cified'in.those charters
the parties chart ring.the vessel are com
pelled to pay a - penalty--generally in
"pounds sternal!" and in gold--..every 'day
which ; the vesse I is.detained. That amount
varies,aqcordin • to the size' of the vemel,
and the special.... !bat the time, ranging
usually from. b pounds sterling in gold - ,
to as high, I thi k as 80 or 40 pounds ster
day. - •
Q. Is not .0 result oflhat to. expedite
the loading of 'essels?. • - •
A. Unquesti.nablY. •
[Witness' ' - • f'
rhaye paid p
r parties as high as POO for
"demurrage" . n account of one vessel. -
Q. That eat- up the profit, does it not?
A. The par les thought so. I- think it
was well unde ... in one or both those
months (July and August) some vessels
that were on ". em e;" but the .i'host of
them got the oil on board within their
"lay clays." I think it was in the month of
July that I - of Bunkers being under
"demurrage." • •
Q. Do you k ow whether there was the
usual rise In he Allegheny river in the
summer and fall months of 1866 and 1867.
A. I was in Pittsburgh and the river
sometime during the year and witnessed
the fact personally, that the river was un
precedentedly low. - •
Q. So that the stock which had accumu
lated on hand was being carried away and
used up duririg these months of June, July
and August, without any addition being
made to it?
A. Yes, sir; there were very large con
tracts existing in Pittsburgh, and serious
apprehensions were entertained of a very
severe "corner" in the market. If the re
ceivers should demand, as they had aright
to do, they would reader it impossible for
the sellers to comply. ,
[Witness further answers.]
Crucy, it Co. were petroleum brokers;
their office is in Walmit Street. I think I
am a little nearer to Tack Brothers Co.
- ,:wmfse. • -'
than they are. Except the shipping list, of
the Commercial List of Philadelphia, tdo
notlhink there were any other parties in
Philadelphia in the re gul ar habit of issuing
circtaars for the tra de but Crucy tic Co.
There were circulars also issued in Pitts
burgh and New York for circulation among
Q. You have had business connections
with Mr. Schalk?
A. I have.
Q. And with the Messrs. Tack? -
A. I have, but not 'recently.
A. Owing to a want of cordial feeling on
their part towards me.
Q. You have had business connectio ns
with Bunker Brothers?
A. I have to a considerable extent in the
past, but more recently hot so much on ac
count of the circumstances referred to.
Q. You - have had some little business
A. Not with the Bunkers.
Q. What is your regular business? '
A. Brokerage and commission—buying
Q. You are hot a refiner?
A. No, sir.
Q. In the course of your business,
have bought and sold for Mr. Schalk, have
A. I have.
Q. And for Jules, Crucy?
•A. No. I have bought and sold through
Q. Yon hays had business dealings with
them? . •
A. Yes, sir.
Q. And on joint account with them?
A. The Banker Bros. I have had—not
Q. And you have - had dealings with all
A. Yes, sir.
Q. And so have the Tacks?
A. Yes, sir. - I
Q. They are all brokers, 'and enter into
A. Whenever they see a chance to make
money, or think they do. -
Q. Then you are all in pursuit of money?
A. There is an amiable willingness to
take it, if we can get it. - •
Q. Did you make any sales of oil for Mr.
Schalk, either for or to him?
A. I did.
Q. Did, you sell for him any oil on the 2d
of July? •
Q. Row many barrels?
A. 3,000 barrels. . •
Q. Towhomik ~ - , •
A. Taft,Lee & Ca. , , '
Q.• When was that oil deliverable?
A. In each of the then remaining months
ofthe year; from. July to December.
Q. Did Taft, Lee & Co. call for that' oil at
the maturity of the contrails,, or before?''
A. The first one in July was ""called" for
by them; and delivered through tae; I
made the "call."
Q. Upon• Mr. Schalk to furnish that oil?
. A. I thihk the "call" was made' Upon
him. • "- :
Q. Do you know of a sale of 4,000 barrels
by Mr. Schalk to the National Refining CO.
in the month of July?
A. I know it from the fact that I resold
these contracts back to Schalk.
Q. Did you purchase any - oil for Bunker
Bros. in the month bf June?
A. (I bought through Rose, - Amboul &
Co., of Bu nk er Bras. 1,300 barrels, deliver
able either in 'the latter end, Of 'Attie or
eatlY in July; I think the lattef:liiid i of
Q. Was that delivered to yon? -'' ' - '
'. Q. Was :that oil actually delivered to
A. 'Actually oil; and at a - low piice, 22
cents agallon; that is my recollection.
Q. What was the market price when it
was delivered to yon?'
A. lb -get that; I should have to refer to
a memorandum; but I think it was higher.
Q2ou made a it
•A: Very little-if any.
' _' - •
Q. Yon had previously kolditt .
A. Yes, there was very little difference;`
the contract wair'houorably,, and Irrespeo.
Live of' the market price: • •
Q. I understood you . to " say that Mr.
O'Connor had refined to acknowlecigeyour.
"call;" ,what did •ylin say wail the reason
he.gave for it, when you called - for the de
livery of the oil nad.oi- , the 'Beastly,. con
tract. : , ..1 '; .' "J - - --, ' ' • • ,
A.; If you will allow an explanation of the.
facts with regard to that contract= • ~
Q. What Watt O'Contior'S veiumn for the
:refusalT. , At -Wtill, - it-Wan'iiiilliitiftifthe Inn on the
sth of !July.-.,_116 then' declined it,' because '
he said he hatlnot libt''/Iccepted the' con
tract.. On the 9th the "call' was made.
On the 24th Taelt.ado43.e of thei3Mll-
01114 Y on bin . , ' and n,'the .29th .or 30th
of Jule/Art . • ` so*Oits;it,Auturrievi of .
Tack min Of " . . di ? : TO gemmd:uss gone
over botktVlrAincor, as 3
statederitiOhl heingt 48
7 # C 0,6 bet a;i k :de posit liviiii.
"t r .hilud i iroktp t d d itil lt uMiersta t titi;,
er, , ..' - AVM* 4 , ,riii
of Wats ::' ",, , 'tettkr '. - - , ,
Al , OW .1 `, l , „ ti0 ,,, e 3. 4 al jiit4 i iiiii r iii r l
of tliiiidtit , , "-lai iiiii'it • *f cle ;
Q. Wainot that ana.au'aion - was la'
lag° -on Ih P fitrt - a i ms, 4):Ckmacc,,that
Y2 114 4- 1 045k.iAI(V MBreh,"lcqr 11 Po
o.„lfi r t,_ ~.2-,,..,,,, -„; , , _ ,
• 4 - 0401,44ethiAul.ze :64.
n 1 t he iti,1*411141000 . ,. - ,-, c- ,
• lei : 4 , o2Tg gram ilsruiw ' riiiiig7. ,
I 1; ; t; Ogstatettl*Ao l 4 l t or t beforat
29094014 Wee Aver baying ,
. • ) •1 •,..
41 P 11 . 411 ' • . entilliaiiiigaitiiessiviaread
as Pam :1 - .
"You Media your contract by Wing to
thedeposit money agrped upon. and home
no slain onnta. 1 win leikral P"Cal l3 4
This is to Mr"..r. Badetty. '
A statement, that he (O'Cormor)'would
be here on the _3oth was in some manner
communicated to me. On more mature re
ftection,' I think it might have been that
telegram which gave me the information.
Mr. Cassidy. In asking whether yon ever
saw that telegram, we mean to ask whether
the substance of it was known to you?
A. I never saw that paper, of 'course, but
the fact that he was to be here on the 30th
was in some manner communicated to me;
whether through that dispatch or through
Crum or of aomething of that from O'Con.
nor, I. of Course,cannot remember.'
[Four telegraphic ;dispatches handed to
witness to examine, in regard to which he
Ttio Of them are in my hand-writing, and'
the. other two are in .the hand-writing of
The two in my hand-writing were dia.
patehes sent by me to O'Connor; and the
two in his hand-writing are the' replies.
The two are dated July 2d and 3d.' There
.wcitild'appenr to be a discrepancy in, the
dates;:because my dispatch is certainly in
'reply to this dispatch, apparently dated one
day earlier or else is in reply to a letter. I
think it is in reply to that dispatch. My.
' dispatch is da - tdd the second but should be
the third. '
[Witness then read dispatches.]
Q. By Mr. Hagart.• In that copy of a dis
patch (which Mr. O'Connor showed you,
yon say) were there not
tions to retain that $l,OOO depositfi
[Objected' to.] • L
JOSEPH KIRICPATRIthr; re-called.
Q. You were the owner of some of these
contracts of Mr. O'Cotmor's, were you not?
A. Yes, sir.
Q. Did Mi. O'Connor pay you
sideration for them? I '
A. lie did. He paid Mr. Lyons and my
' Q. When?
A. It was early in the month of Novem
ber very early in the manth. It was after
the first of November when he paid us the
money. This is the am aunt cif_ the check;
our names are not - on that, but that is the
Q. Had you any contracts With Tack
Bros. for oil daring Juno, July and August?
A. - Those contracts were all made be
tween the refineries that I represented,
Pittsburgh' and the Mesirs. Tacks.
[Certain contracts were here produced
in evidence. [Objected to.l Contracts
dated Feb. 8, 1 then offered [Objected
to.] Gtoand tak B67,
en that the Common
wealth should produce all defendants con
tracts of sale and purchtuse, &c. [Objection
Q. Were you to deliver oil to them in
Jane according to that contract ?
A. Yes, sir.
Q. To,what extent?
A. 5000 barrels at twenty-six cents per
Q. What was the price of oil when you
A. I do not exactly remember what was
the price of oil. in the latter part of June
last. I think it was a little lower than 26--
a little lower than they were to pay for it.
Q. By Mr. Hageit.—The Tack's were
A. Yes, sir.
Q. They lost by that decline?
A. They would if they held the contracts
to that time.
Q. [By Mr. Mann.] . Were y(
to be one of the losers in this
A. Yes, sir. I was called
Theo. Tack and Mr. Schalk. l
me to subscribe and pay upacart
of money, and so on.
Q. What was their proposit on
A. They proposed to buy 60 00
refined oil in Antwerp.
Q. Who 'did that?
A. Mr. Theo. Tack and Mr. Si
the parties that called upone.
Q. What was the proposition they made?
A. They proposed that this 60,000 barrels
of oil would be purchased in Antwerp
through some agent of _theirs, and the
party subscribing to the paper would pay
up 02,00 a barrel on every barrel subscribed
as a "margin."
Q. It was 0120,000 for 60,000 barrels ?
A. That would be it, if the sixty was sub
scribed according to the terms of the paper.
Q. About what time was this Y
A. It was the last of August or beginning
Q. You did not go into that?
A. No, sir, I did not subscribe. -
Q. You heard nothing more about it?
A. No, sir, I did not hear any thing more
of its amounting to any thing.
Q. You knew it fell through ?
A. Well, I believe that arrangement did
fall through. ;-
Q. What was the price in Antwerp-lower
_ A. Ido not remember. , .
Q. What was said about it.?
A. Well, the gentleman represented that
it would be a profitable arrangement for us
to go into. lam not exactly clear whether
they said • it was. on account of extremely
low price, of it or whether they hoped to ad
vance the market price by, getting posses
sion of it. I think: it was that by getting
possession of the 60,000 barrels with these
24,000 barrels the price : would advance. I
did not hear any thing more of the move
ment that was on foot. at that time.
P. J. CIIAsE [before examined) was again
recalled. • • #
A. [The witness answers that he knows
A. J. Reynolds, of Pittsburgh; that he be,
Bayed Reynolds to be a clerk of Schalk's,
though lcrtowdng. , so little about him he
(witness) , could . not '.igiy,much. Had not
seen his.writing.) , , ,
[The dispatch of Reynolds to Schalk was
here offered but objected,to.] . .
S. L, FttLLWOOD, sworn. • ; ,
- A. I am La.the Western Union Telegraph
office, PittsbUrg.h....That dispatch is froU.
A. J. Serields to. g. Schalk.. / put that
dumber on it myself-. I do not know Rey
nolds. _ 1, 1 . ~ r . , , .
That message - is "timed"--that is; it shows
the signature of the ()motor sending and
receiving and the time it witasent. I only
know it was sent from that. The massages
that were sent have' that on Ahem.,
Several letters, one of June 10, 1857, were
here offered; objected' to; admitted and
read in evidence. 4 ' 1
Prrtanulteit, Junelo, 1867. -
_O'CoterOir, Esq._. • ~ 1 . , .
, Dear Bir-anolbsed please lina'telegram
which we _have - just received_ frdm our
A. H.' T. ' The ,latter has called on you
twice to.day, once to leave notice of Badetr.
VI, which, we ptestime, you received, and,
to show yon the enclosed -telegrani. We
would like Yoit to call on ilk say 10 A..-AS
TOWS; truly, ~'
ca T.Soit 13nos. 4 1: Co. ,
P. T. °Mak again lled._.; "-
Q. By Mr. lann.j - This*..thaviphar
book from which youproditeed the, names?
- A. I believe that tn be the licsik,4 i
Q. 1,00 4. at.l . Mk t , clay, wbeither. ‘, _Tore
man" does not . ~ •-• ;"...TatnewlPConnor? . •
At Yes, Miramar , -, ... So thiaboak 'Tore
man" means James o', s- . lino*.
Q. "Faction" ineaiiii4unker,pros.?
A. Yes, atri according' o this book.
Crosrmandmtlif , - •- ' - . 4
[Witness munviincl -,i: , • 0 ,i , t, t':-.. ° •
A. This la a plintapi book. - Thatltia page
readsr."Televapliks, Cipher for .the nsa...of.
Brbkdis - a'nd' Dealers in l'ettoktiin; com
piled Amd , amiiiitgact by R. I 7V. 'Platilt;', Of
Patinawhi-Atliutti&Teleiliao oomparkT ?:
Pittabnighilese. l, ,'•• - ' - • • ''''" •
.Q.:Tbaitigto!ort Wldcityan`lind O'Ocinl
nors•nameits tinder the 'bead •or 'Brokers.
and Th a d e rep ( „l:,.... , . .. .1, •
A: Yew skyrAc•l qk • • ,‘ ' ,(
_4IW. , O'Ocanor's•'natcia Was icavrra.tsr
pipronsokr ,:t, --..1' ..., :Itz , - ~..,:,
A. Prisiiiiiiiilistetaiiiiiiiitlei, I iiieetv#o2 ,
4.-• And antivitiltebilift:F l 4 al J°°Ta•
ace known itoSbatislir l':'!:::, ", ~ i .., 7. , •
• -A& -YeaVair:- ., Ji"•' , - '''' -
' 441.11BrrobaricaPAUtaljYY -011 1, 1 4 1, : - ii , ~ ,, - : ""t
lealarrtcrsitoP i tray °rlte . , A, .2, .1.•.;:, ,
' Q. Is he a cbembST
A. yes sir; he was a verX age dealer in
ci, iv B og ert.] Was Mr. Laming a
dealer in pil l ?
A. Yes, Mr. .
Q. Was he not a partner in l
A. Yes, air. • -
Q. Therefore he was a deB
well as a dealer in drugs ancC
A. I thought he was the ehi
the Fairview Oil Refinery.
Q. And a very large dealer:,
A. Yes, sir.
Q. I want to have, it clear,
used- by- the •Tacks for two
and then. abandoned?
A.-Yes , sir ;.It Was used at
general thing it was not used)
-Adjourned.' • •
BRED' AT MS —7— J
GEO. H. BARTON ' STAGE MARAOLEt.
THIS EVENING, farewell be nefit ,of Miss LEO
HUDSON, on which occasion wlTh,be presented the
great sensational drama entitled the . CATARACT
OF THE GANGES, Introducing bar celebrated
trained mare, ”Blact: Bess."_"l
Grand Hudson Matinee on Saturday afternoon.
amAqr.btITXBRasR?j'SIVZS,I d GREAT NAT-
AT FRANKLIN HALL,
Fifth street, opposite Pittsbnrgh Theatre.
Cards of Admission, 25 cents. Doors open from
9 o'clock A. M. to /0 P. SI. i apBml.B'
- —An Essay for Young Men on the Crime of
Solitude, and the DISEASES and ABUSES which
create -Impediments to BLABRIAGE, with itire
means nf relief. Sent in sealed letter envelopes,
free ofeharge. Address Dr. J. SKTLLIN , BOUGH
.TON, Howard Association, Philadelphia, Penn'ail
CARPETS, OIL CLOTHS. &C.
mAuca :::: : : 1868.
THE VERY 14141E3T
THE VERY NEWEST
ARE DAILY ARRIVING, AND SOLD SOON 'AS
THE VERY LOWEST;
M. FIFTH STREET: dime Wood:
mhZ • .
1868. 8pRorG STO .I FKIB6B
OF '• •
n by Mr.
LARGE . ASSO TMENII,
LOWEST PRKES TUE ciw
SPECIAL INDISCEIL L EtiTS TO THOSE . WHO BUT
BOTARD, ROSE & CO.,
21 Fifth Street,
mhlo:ditwr OVEA'NtATES &BELL'S
MoFARIAND ei& COLLINS
ARE NOW OPENING THEIR
NEW SPRING STOCK,
CA13.1? ET ;
maim LAST mom FOR CASH.
AND IN MANY INSTOVES AT
Las titan Admit Cost to .Itanutachire.
These 'Goods• coubli notnow be replaced for ;the
ame cost, and are olfermlT'oll CABH. At • • .
VHOLESAIZAND - gf44,
Fax Below Theii Present Value,
AT THE PLACE WHERE HAIIDATIOS CAN AL-
- i WAYS BE HAD O.X.Ykt! BEST tir •CH '
lios. , :11 and 13 - 'Fifth ,Sreet.
er N4lticterE r TRUZL New, Tort and oth,-
Naito= cities luus prov i ed ii - complete toteeis..,
. , .„1, igei;owsirot;
iit - 444 11 * aIP I A I 4I $1 .0 1° 13 ? • 1
14- ;pmi s t iimm i s a. 1 , •; • -,;, , ,-, T . • 1 .
Ott - k dash amotAser WI: bataltf ,
MO "loO k s n w asv.l4 .i progyy,o, w.f.,
..suit from • • •
loilg os aill/t y a ti dearsat ztothinr etral s -a• igen ltant ot
, r - 7 '`,.. • Y ---.-....,- n',.7i,..Z.1:0' / ~, t ,'y
~ A ix ininias , A,TAIECOPIivir,4 - ,..,. , . ,
No. I: l Y9 ' 'f l Abit . iti :- tiee ' I, '-
Or addre ea ssed to r• 0. Box 413•Irin Metre raikepa
the - Fairriew
er in oil as
ef partner in
his book was
or three days
times. As a
Cl7.7l>l'AIX G 001",
OEO. L. iIeCLINUCI,