Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-02-02
LOCAL NEWS.
The Great Petroleum Fraud Case.

DECISION OF JUeTICB DODGE-coLoNEL MANN
HoSoRABLY DISCHARGED.
tFrom the New York HERALD
The alleged OIL swindling case, of which so
full report appeared IN the Herald of the 9Th
day Of June last, was brought to a close on
Saturday last before Justice Dodge, who dis
missed the complaint, thereby fully eXoner-
atlng Coi: W ID, Mann, late of the 7th Mich
igan cavalry, of any false representations or
dishonest dealings in the matter. SO many
persons were interested by investments or op-
erations IN petroleum, and SO many prominent
men, including officers high in rank in the
army, were connected with this company (The
United Seryice) that the very extended publi-
cations last summer OF the alleged bad prac-
tees In its organization and management caused
intense and general interest
Some two thousand pages Of testimony were
taken for the prosecution, but which so signal.
ly failed 10 substantate the charge that the de-
fence moved for dismissal of the complaint
without onerlng any evidence in their own be-
halt. To the reverse OF dishonest or negligent
practices on the part Of the manager of this
company Colonel Mann, the evidence shows
an unusual amount Of perseverance,, energy
and correctness in the administration Of af.
fairs.
As the original affidayits in the case were so
derogatory 10 the character OF Col Mann who,
1t appears, was good soldier of long service,
and who had established a respectable position
In society, II cannot but be pleasing TO his
friends to see so complete a refutation in this
clear and full decision.
Below Will be found the decision OF Justice
Dodge in full:
Tke People, dc, on complaint Of Geo. D. Kellogg,
wv. 8. Hillyer and others, rs. WRt. u. Mann aud
Ddaiel Strdnon-The evidence in this case
shows substantially this state of facts That
the defendant Mann had a series OF business
transactions with Geo. d. kellogg, William \.
Hillyer, and others, complainants In the case,
and that from such relation an intimate friend
ship sprung up, whereby confidence was in
spired In the honor and honesty of Col. Mann.
1t Is unnecessary 10 recapitulate the evidence
showing the facts Of this relation, which is
most voluminous, and tends only to the result
stated. Suffice il TO say that out of this
quaintaDce and friendship the purpose OF form
ing company 70 buy lands and mine for oil
arose. Without going into the preliminaries,
It's enough 10 say that n company, called the
United States Petroleum Company" was in
sttuted by Col. Mann, with one or two others,
prospectus issued, and subscriptions to the
stock solicited. Among those who subscribed
and paid were these complanants, who WERE
as they allege, induced so TO subscribe by means
OF the false represen atiens of the value of the
lands claimed by Col Mann TO be owned by
the company. 1t is important Immediately
upon q consideration OF this case 10 observe the
very grave fact that most, if not indeed ALL of
me representations upon which the complain
dDts relied were made and pretended IN the city
of Washington, and out of the jurisdiction Of
the authorities OF New York. Indeed, il is man
ifest from positive evidence that the money was
got and obtained by the defendants in the above
named city. These facts Of themselves are
enough, in my judgment TO dispute if not
wholly 10 deprive, me Of power or authority
over the case of the parties Interested on either
side. If am right in this, it would seem un-
necessary TO examine the further facts Neiyen
In evidence. But it m?y not be amiss 70 OBJ
serve that the matters and things alleged to
nave been stated and represented by Mann,
and also by Stratton, have not been suffc fcfept-
ly con:radicted or dsproved on the part of the
prosecution 10 fix upon the accused the crime
of a felony. 1t is certain that no such defect of
title TO the property claimed to be owned by
the defendants, has been shown as would i'm
pute 10 them crime in what they pretended
in that respect and as TO the value Of this real
estate property. 1t may be that the evidence is
somewhat contradictory between one or more
witnesses upon that subject but looking at the
whole nature OF the evidence given upon that
poIntl can by no means say that the lands
were not AT the time and in view OF the pros
pecuye use and purpose TO which il was de-
signed they should be devoted, worth ALL or
considered in the oil producing market to he
worth all, that the defendants claimed for
them. The rule upon this subject is, that all
the pretences must be regarded as true until
fully and satisfac torily denied and contradict
ed by reliable testimony. 1 feel that this has
As 10 the engines and other appliances for sink
ing wells and raising Oil (ndeed. as 10 all the
chattel property owned by Mann) there is
considerable proof of its existence, but whether
in the full amount, and up to the entire value
declared, Ii is not clearly known; il is certain
however, that cannot detect in that part Of
the case enough of falsehood and fraudulent
device 10 raise the facts OF this Complaint TO the
grade OF crime against the law, nor do they,
win the other circumstances mentioned con
stitute a false pretence within the meaning of
Inc statute. 1t must be seen by all familiar
with the circumstances and history of this case
and Of the highly respectable parties interested
on the one side and the other, that with the gene
raj views already expressed OF the most ma
terial facts involved, IL will be unnecessary for
me to enter into more minute and critical
analysis OF the transactions out of which this
suit arose, since enough has been already init
mated TO show that these defendants must be
discharged from custody, and the complaint
against them dismissed ..
The motion of defendants counsel TO dismiss
this case and discharge the accused is there
fore granted.
WILLIAM DODGE, Police Justice
New York City, Jan. -, ls66 :. -r..