The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-11-26
MAKES POOR CASE
Some of Tucker Charges Are
Rfddled Today.
Superintendent Faust Fails to
Substantiate Statements.
TELLS ABOUT THE TAR
Says Price Paid by Stannard
Was Fair.
Mr.. Morse Makes Explanation of
His Actions.

to testify to the charges that he made
against J. c. Q. Morse, receiver Of the
Uncle Sam Oil company, that the latter
had sold $4,000 barrels of tar for $500!
when he had been offered by response
BILE party $4,000 failed to substantiate
the claims.
In fact the charges made by Tucker
were badly punctured by the testimony
of s. D. Faust, superintendent of the
Uncle Sam Oil company and principal
witness. The hearing of the referee in
bankruptcy, Judge z. T. Hazen, on this
feature of the report of the receiver
was practically concluded at noon to-
day.
rs 35 cents a fair and reasonable
price under the existing conditions and
circumstances? was asked of Faust
by Judge Hazen.
LAS far as can say, yes sir I don't
think that Mr.. Morse could have got
any more for it from the fact that the
lighter oil was mixed with it," came
the reply.
That Judge Hazen will give consider
able weight to the testimony Of Mr.
Faust against the charges filed in
the affidavit Of H. H. Tucker, jr., was
indicated when he said later: THE
referee will give considerable weight to
the testimony of Mr.. Faust He is well
acquainted with the business and has
been in charge during Mr.. fuckers S
charge and later with Mr.. Morse
did you receive any offer for this
tar?" Wilson asked of Faust.
Yes, sir. We got an offer of 65 cents
at Atchison and 85 cents at the Cherry
vale refinery
WAS the contract made?"
mo. sir, it is still being agitated."
How much did this contract repre-
sent 2"
About five cars a month. 1t was a
different kind though than what we
had in storage. This was mixed with
crude oil It was q gravity and the
oil would have to be taken out of it
before we could have sold it at that
price to the Council Bluffs people"
you could get this oil out, couldn't t
your
'eYes, but it wouldn't pay to do it.
You would have to run it over again. !"
with Mr. Tucker showing him some
letters: Didn't you tell him that you
could sell that oil?"
Not that but some that we could
make from 1t"
had been made to purchase tar from
the receiver were for asphaltum fiux
and not for the kind of tar that was
sold by Morse to c. A. Stannard
at was better to give that tar away
in order to keep the refinery running
than to hold it and shut down. Our
storage capacity was such that we
would have been either forced to shut
down the refineries or sell the tar,
said Faust.
'.what do you know about the econ con ,
What if any difference was there in
taking care of the property under the
receiver than that as under Mr.
Tucker"
sHThere was no difference"
Faust also testified that the mixing
ha halned
IT as fuel oil and that it could be used
during .he summer months but that
in the winter it was of small worth.
The refinery at Cherryvale was
dilapidated and those at Atcnlson ana
Tulsa, T. T., were in good condition
said Faust. Wear and tear had
brought the Cherryvale refinery to
its present condition and in addition
some of its equipment was inadequate
H. H Tucker, Jr., took the stand
sfble person whom he mentioned in
his affidavit had offered Morse $4,000
for the tar.
Tucker on the Stand.
'who told you, Mr.. Tucker, that?"
was asked as the affidavit was read by
r l. Krauthoff, attorney for Morse.
Tucker gave an evasive reply.
who told you that?" came the per-
NOBODY that I know of came right
Tucker with a smile. Il look at that
AFFIDAVIT in a different way than you
do What I meant to say was that 1
knew he wouldn't have had any trou-
1ble to sell that tar for twice what he
got for it if he had pursued a business
like course.
IT was told that the Leavenworth
reople would be paying 80 cents bar
rel and Mr.. Faust told me OF the
asphalt company"
rs that what that affidavit is based
on?"
Yes SIR
In the beginning of the cross exam
ination Tucker testified that the value
of the tar in question was from 81 to
81 25 a barrel and that was the selling
price at the Cherryvale refinery when
he had been in charge of the company.
at from 81 to s1-25?"
I'VE wouldn't sell for less than one
dollar said Tucker.
Wilson, fuckers attorney, then bark
cd hack to the Soldiers Home at Leav-
en- worth which had made request for
bids for fuel oil and the neglect to
make a contract by Morse for the sale
of the tar to the home for this purpose.
Held Down by Hazen.
A tilt took place between the referee
and Wilson, the court ruling out this
line of testimony.
saThe referee holds,'' said Judge
Hazen, that the testimony must be
held to the fair market value of the
tar and not to what one sale had been
made for. If there was such wide
margin between the price at which 1t
was sold and what 1t could be sold for
why didn't some one come In and buy
1T? Why wasn't something said at the
time? It's strange that If there Is such
a big margin of profit that Mr.. Stan
nard did not take all of that $4,000 bar
rels instead of only one-haf."
IF he couldn't get the cars" inter