New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-07-26


morning before Justice Dodge.
Col Hiyer was further examined and stated that nc
invested his money on the representations OF oo'
Mann
TESTIMONY OF col. HILLYER.
RI ID Dudley Fseld-Q Colonel, have yon looked
after yonr accounts with Col Mann since your Ias' OK
animation A. looked after paper APP, copld not nd
n. ! have no book account with Col Mann.
There were seven bank checks and one drar SHOWN
TO the witness to see II he could ldeniny tnel sno
member II the amounts stated on ther iaee were e'e'
paid 10 him. A.. N 81, .hr bad
be.n Maid but three that the Others NAV nave Deen
raid INT he could not remember, Col. Mann ana nc
Yeyer had sny dispute over their accounts; witness
remembered making loan OF $50 but could lot re-
member when 1t was that loan was returnea uIe wa
money from Mr.. Marks.
RI M Banka-In your cross examination you stated
you aid not paw the amount due your subscription 10
:he oil stock but Col Mann paid himself now L want
to know how Col Mann paid himself ana Wbeh anu
wheref - -. 40
GAYLORD Manufacturing Company on account OF certain
contracts for accouterments the money was pad 70
him by Mr. Gaylord; he held twothirds for himself
one sixth for Boston parties. and oneslxh ior me- IN
me settlement between Col Mann and myself he stated
thar he had charged up the $1,000 on account OF my
subscription the oil company by the agreement pc
tween ms at the time that charge WIS reduced 10 siVV
with the understanding that should pay the othcr
s 900 al the time the deeds were delivered To nun by
Col Mann so that Col. Mann having money OF mine.
he charged ne in the manner stated and ibis IS now
Col. Mann paid himself
RECEIPT.
OFFICE OF rHE UNITED SERVICE PERoLvuM AND
MINING COMPANY, No 2fO Broadway
Maior.Gen W. s. Hancock, Presidents W. ID. Mann,
Vice President George D. Kelogg, Secretary W. I.
Church, Treasurer; w : Hillysr Cou9sei ;, o., ,ses
1 Received of W u. Mann his draft for =. 600 on ;.
GAYLORD at 60 days this date This IL in full satlsiae
ton of all claims Of mine the profits in any contract
hoo al FIN Manue Patent Announcements,
and owe him $3.50, being amount overpsld ~ sau
4 draft which promised to pay demand said Mann
assuming all liabilities due TO partiS, IN any way con-
4 nected with said contract WM. > Hilllth
Witness stated that ne Rad conversation in May ai
No go Broadway with Col. Manu. NJ whch .c stlte1
the prices paid for the different lots Of land; Mr. he
oge was present; be took of the prospeeuses and
/ figured down what had been paid for the land; Col
Mann stated that he paid $1,000 forlot No J. and SIS
Geo for Nos and 5000 for No ) and 80 800 for NO
6; those amounts ] remember postivelyi l THINK lie
stated that he paid $4,000 for No T. and that lots nos
| them; and also paid 5000 for No. =
this conversation took place about the
middle of May at No $40 Broadway
! / had several conversations with Mr.. Stralton, but
have no recollection about what occurred in these
versations about the of March Mr. Stration stated
to me In Pennsylv aniaaye. Washington that he bad
come over 10 pay subscriptions, and that II he ana
Col Mann did not paw SI5O C0 the next day they Would
lose their conract the representations OF Col Mann
which have fully stated before wac what induced me
| 10 invest in this oil company; | was With Col Mana
+, daily in NewYork and Washington, and We talked
freely Of the company at both places this was in the
| early part Of February, lrG5
| EXAMINATION OF GEO. d. KrLLOGG.
Il Question by Mr.. Stuart-Dd that prospectus bear
the names Of the officers of the company A. Yes sr
did and this lie the last published prospectus OF the
Z g. Who published this lonestion objected to. but
, aftcrwagd susiainedli A published 1t as trustee
O. Is not this with the exception under the letters
On b. precise copy Of the prospectus issued by Col
MANN A. 1t is copy OF the original prospectus ,s
the exception of the name w y thurchi IN place VI
p that is placed tho name OF MI Hastings.
? @. Was not this prospectus issued by you IL
respect of representation relative 10 the pr9pe.ty Of
" the company. the sane as that issued by Col Mann
i "A 1t is a copy Of the original
q Q. Was Col. Mann consulted or advised about the
publication Of this last prospectus A IL was made
. without his appreciation or advice
O. 10 il true or false that the statement made under
the letters N. that oil taken from the Grafton
. property A. don't know; got all my information
from Col. Mann never telegraphed 10 any one about
oil being produced the Grafton property have writ
ten 10 Gen. Hancock, Mr.. Marks and others that OIL
was produced on the Company's property III ono.
There were two kilograms shown to witness in order
TO know if he could identify them. He answered thni
he had never seen they. They are as follows ,.
housewife, April %, 1865.
W d. Mann, No. $40 broadway; One hundred 400
barrels struck this morning al the foot OF our
vine only forty rods from our lot called the Mctadden
S& w. GOODRICH.
Grafton Ohio May !. 1865.
Col w. ID. Mann No. $40 Broadway: Struck flow OF
oil-Brown's well Eighty-two (e2) feet 10 sand rock
Come. c. STEBrAs
CO.. Mann told witness IN the early part Of February
that the property was purchased by - gentlemen
Col. Mann not aware that mad subscribed TO the
stock
According to his Information the Statements in the
4 prospectus were not trne.
The Company have made 10 other prospectus since
May, 10 my knowledge.
Q. You have written among others, to a man named
Marks A: He sen, 500 to the working capital OF tie
stock, which l turned over.
.. You still as Secretary Of this Company, occupy
4 No. 24O Broadway A Iocc1py room No. s. No go
| Broadway, and cali myself sqnatter.
Il q. On whose premises are you squattng A. ] am
Secretary Of the Company and occupy room No. 5 as
n such.
At this juncture discussion arose about adournins
|. and Justice Dodge called.
II Mr.. Field TO Justice Dodge-YOur Honor, the ed.
III journments In this case are very onerOus am
II other LAWYERS very DESTROYS Of going with any
from long distance and the case being proiracted
nom time TO time
\ Mr. Banks-Mr Goodrich was here at 70 o'clock and
went away, we not being ready for him.
H Justice DOdge-Why not 60 on with Mr.. kelloggs
examination
Mr.. Banks-Because have some papers in nv Office
that evidences and therefore do not want TO 20 on
with his examination.
Justice Dodge to Mr.. Banks-Cap you continue from
day 10 day
Mr. Bsnks-I can 20 on on Thursday morning
Justice Dodge-How many witnesses DO you intend
10 examined
Mr. Banks-we will have three or four more.
Mr.. Field-I will engage 10 sit here from 10 ~, or
any other hours that get through with this case
Mr. Banks-Tben suppose that we Sit here rom ~
O'CLOCK onward
M-Boise-Wel that's all right except some accident
occurs.
M Field-I wish could get on this afternoon and
finish up with Mr.. Kellogg.
Mr.. Banks-I have some papers at my office 40 that
i cannot proceed with his case.
. MI Field-well 60 on without those papers hope
that your Honor will not allow this trouble ab0ut going
ON with this case 10 occur again. -ls
Justice Dodge-I will not 80
the case was adjourned accordingly til tomorrow
a. GsHa L al ~