The Birmingham age-herald., 1904-03-25
MT. De Funlak's Affidavit.

State of Alabama, Jefferson County.
 Before me the undersigned notary pubhe In and for said county in said state, personally appeared E. A. de Fun lak, who, being first duly sworn, says that he is the general agent of the Louis Vile and Nashville Railroad company at Birmingham. Ala. and has been such since January 1, 1892; that he knows R B. Conner of Birmingham, Ala, who was at that time engaged In the manufacture or meal and the sale of four hay and grain, under the name of the Birming- ham Mills at Birmingham, Ala; that some time during October 1892 Mr. D. Wilkerson. who was at that time con- neoted with the Western Grain company or Birmingham, Ala, complained to af- liant that B. B. Conner was underselling the Western Grain company, which was competitor, on flour sales at Rirming- ham, Ala, where the flour was obtained from the same sources and under similar conditions; that thereupon affiant, at the request of said Wilkerson. started an in- vestigation with reference to flour ship ments consigned to B. B. Conner at Bir- mingham, Ala, and to Birmingham Mills. at Birmingham. Ala, and ascertained by personal investigation that flour had been shipped over the Louisville and Nashville railroad consigned to R. B. Conner at Birmingham Ala. and Birmingham Mills, at Birmingham, Ala. in meal sacks branded in large letters BIRMINGHAM MILLS-B. B. COMER, brand JIM DANDY NEAL" That 1t was after wards aseertained that nine 60 cars of four had been shipped from the Maury Mills Carter's Creek, Tenn, to B. B. Conner or Birmingham Mills at Birming- ham, Ala. in meal sacks branded as above, and billed by shippers as meal at meal rate and weight, and that the total I1~ y1. -N. ( tion and billing on said cars was one hundred and twenty nine dollars and eighty-six cents (s129S6); that the freight on said nine (9) cars by the terms of the shipment was payable and had been in fact paid at the meal rate and weight by B. B. Conner at Birmingham. Ala; that affiant afterwards, in person, presented to said B. B. Conner, in person. a bill for the said undercharge of one hundred and twenty-nine dollars and eighty-six cents Cs129.se) that the said B. B. Conner, in person, gave affiant a check to cover the amount of said undercharge; that neither the said B. B. Conner nor any one for him, made any explanation to af- liant at that time, or at any time there after with reference to said false classi- fication and underblling; nor did the said B. B. Conner state that he received no benefit from it. nor did he state that it was not designed to benefit him; snd affiant says that the said B. B. Conner did not show to affiant at that time. or any other time up to the present time, the entire correspondence relating to this matter, or any part thereof, or any in- voices or papers of any kind for the pnr- pose of showing that said B. B. Conner lad no interest and received no benefit from said false classification and billing; that neither the said B. B. Conner nor any one for him has ever made up to the present time. any explanation or any Kind to affiant with regard to how said false classification and underbiling occurred, but paid the amount of said undercharge to affant without explanation of any kind E. A. Dh oNiAn
 sworn to and subscribed before me this, the 23rd day of March, 1904
 J. R. VAIL.
 sss Notary Public.