The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-07-27
The PETROLEUM CASE.
KELLOGG AND HILLYER RECALLED.


| ADDlI1ONAA AEC ANAON1s
SLOW PROGRESS IN THE CASE.
| &c, &C., &c.
the proceedings in this case were delayed half hour
yesterday morning beyond the time set down for com
mencing consequence Of the unavoidable absence or
| Justice Dodge.
MR.. KELLOGG RECALLED.
Redirect examination resumed-Exhibit II, now pre-
sened represents the action of the company TO which
have referred previous answers is copy Of resolu
tons passed by them Envelope and contents of letter
| dated Liverpool Ohio July 8, were identified by wit
ness; had received that letter by mail Mr. Field OBJ
ected to any evidence involving Mr. Goodrich In connec
ton with the production Of tho letter. Counsel admit
Ted that the letter had been received by witness in due
course Of mail Mr. Banks put In the letter evidence
| Mr.. Field objected
| Further redirect examination waived till the
op.non Of Justice Dodge could be obtained the Ques
ton.
Rc.cross examination telegram from stebbins to
which have previously referred stating that there was
flow of oil in the Brown WELL addressed to Manu.
You do not believe that there Is any oil In that we
A. Not to speak Of; understood from Mann that the
Brown we'll was ON our premises Colonel Mann brought
back bottle of oil and said that he had got it from our
well on the PREMISES informed by Mann that they
had struck oil one Of the company wells, and he
MANN out there to how far they had developed
OIL and when he back he brought bottle of lubr-
eating oil with him. which he exhibited and stated that
came from one of the companys wells @ What became
of that bottle of oS A. Have not seen it since the LIST Of
June O. Did the bottle disappear at the time OF the
commencement of these proceedings Objected TO-
When did YOU first notice its disappearance? A.
noticed its disappearance from its accustomed place in
Colonel Mann's office about the LIST oil june
MR.. HILLYER RECALLED.
Witness testified as follows:-I do not remember
that Mr. Mann paid various sums Of money in
bank bills; am satisfied from my bank book that the
following payments were made to Neon August H9,
ST. OOO August 81 $500; September Is, $3.50; Decam
ber $1,OOo-this, think was in payment of the note
previously given; there was note Of November for
So 0OO which paid he'd also received note Of H. T.
Fitch, for 81 O00 there was draft drawn by me on Sa-
other sums the whole footing up 81 $50 including
$500 for expenses incurred by me in the ssvice Of the
Accoutrcment Company, which was setslsu by Mann;
did pay $500 the 22d April; on me 2sth Janu
airy Colonel Mann, In the presence Of Peter E1ns and
Witness presented an account of his receipts all the
sixth Of the net profits thereon amounted to ~
the account not discussed at the time did act
assent to the account; did not accept it as nnd
settlement; the point of difference between us wSs
expense account OF Colonel Mann the 9th Of April
there full accounting Of all payments made to mo
by the Colonel to which we both agreed the Fitch note
was then accounted for; Colonel Mann reduced his
pense account presented Higgins several thousand
dollars; cannot remember the items Mann struck out
5000, leaving me some 500 more to receive al
lowed him to retain 81 900 for oil subscription; took
maturity Of the draft OF $4,000 in April Gaylord owed
Mann 1000 on his draft Mann represented the Boston
told Mr. Mann that II he did not reduce his expense
count to what far and legitimate he would fight IT,
DID MAJ Mann state you the e y Of
did; Mann stated to me in May that lot No.
cost 5000; that he had paid that amour:
that No was portion Of large tract OF land which he
had owned for number Of years; the time be said that
No cost 600 after the company had been organ
ized and no witnoss) had bcome member of it; at the
time Mann stated that he paid IS 0C0 for No he stated
also that he paid S. 900 for No tho time Mann sold
he said that he had bought for 000 and tho treason
that he had put In at 600 was because that mmedi
ately after leaving tho house where he made the pur
chase he offered 5000 for IT, and that therefore he
thought right that he should charge the company the
price that he could get for it, at meeting OF the Board
in June Mann stated that he bad contracted TO purchase
the land from Sratton; that Sraon had purchased II
thai he paid 50 600 for lot No. g. he did not at the
meeting in June that he paid any particular pr &c
for these lots, but he stated that he paid 500 800
for ALL he stated that No had cost him $40 COO and
lots Nos and $4,000; he also stated at another time
that he had paid no specific price for any particular lot
that he did know what the value of No was; that
IL ugged in; Straiton was elected trustee Of the
company in the place Of Kellogg had believed Mann's
representations about the prospects of the company first
doubted them when he MANN proposed TO exchange the
Goodrich farm for the lease Of the half adjoining lots
Nos. /, and g.
Redirect by Mr. Banks--Q Did Mann make Other
representations to you in detail to which you have not
| tcstncdY II so, state them now.
| Objected TO. Waived for the present.
Witness explained in reference TO his previous evidence
in respect TO bis profits on the accoutroment contract
that he represented saying that his profits
twenty-five cents per set his profits were not so high as
| hat
HENRY W. GOODRICH RECALLED.
Cd t1a inf hofcaa Mace Arof
the accnsed Sraon on the cars from New York to tho
oil regions; made his acquaintance; was not introduced
to him; II wns In February, 1855; went 70 Franklin
venango county: stad nj the inn with him. II wai
STATIONS suggestion that brought them together In the
oil business Stratton spoke of the Washington Company
afterwards the United Service Company; told him be
would get him (wtness) superntendency; went TO the
oil regions business partly and partly speculate in oil
had sufficient money TO pay his expenses Sratton told
him that superintendent he would have 0C0 salary
at the time out OF business; had been assistant
freight agent on the Grand Trunk Railway at Boston
i've six months such agent; before then was on
the Great Western Despatch; Ind charge of the Office
giving out bills Of lading &c am civil engineer
chusetts and Maine, &c. am somewhat familiar with tile
construction OF steam engines; the next time no saw
StIaon the subject OF the oil company told him that
thought favoraby OF taking the situation as supern.
tendent Srnton thon told him TO go 10 New York. and
that he would follow him there this conversation took
place In Grcene's HOTEL venango county, straton said
no would follow to New York in q day or two witness
arrived in New York two or three days before sraton;
Straton did not speak TO about subscribing myself
but he proposed that should go 10 Boston and collect
subscriptions from my friends that of the stip
laons for getting the suporntendency that should get
subscribers he said that he had $1,000 stock that he
wanted me 70 dispose Of for him; went 10 Boston mme.
diaiely, mainly for the purpose Of getting sub
scriptons; got some subscribers there; cannot
positively state that anything particular was sad
about the company ut this time he Boston after
me, and as wanted some information about the com.
pany asked him questions about IL that the
1rst time had conversation about the company; did
not know what Mr. Sracn doing at the oil region
but supposed he was engaged In buying and selling land
cannot say whether Stratton told him in Boston the
parties 70 subscribe in Boston, among Others his sistern
law and friend Of the OF Bellngham W. Lawford
there person whose name he forgets; there wal
Geo. A. Whitney and Harriet Harris; George Phippen
~ father and SON. four thousand dollars was the aggre
gate Of their subscriptions; had authority TO give