R. S. Baker being duly sworn deposes and says:

As one of the plaintiffs in this action, I have several times made demand upon the California Star Oil Works Company for the proportion of the oil produced by the Pico oil wells that was due me, under the provisions of the lease, under which the company held the wells. On one occasion in response to a demand made by me for my proportion of the oil, Mr. Bryant, the secretary of the company, furnished me with a statement, a copy of which is hereunto annexed marked “Exhibit A” and made a part of this affidavit, and on another occasion in response to my demand, Mr. Bryant, as secretary of the company, furnished me with another statement a copy of which is hereunto annexed marked “Exhibit B” and made a part of this affidavit.

About one year ago, General E.F. Beale and I called at the office of the California Star Oil Works Co., and I then demanded of F.B. Taylor and D.G. Scofield my proportion of the oil and demanded a statement of the amount of oil produced from the Pico wells and the amount de me. They both promised to furnish me with a statement. I made the demand upon Scofield and Taylor several times and the last time I made it, they promised to send me the statement the next day, without fail, to the Palace Hotel. They did not do so, and I sent a servant from the hotel to their office for the statement, but neither of them could be found. I also instructed John. H. Wise, as my agent, to make demand on the company for my proportion of the oil produced and for a statement by said company of the same, and my interest therein, and I am informed by said John H. Wise, and believe the same to be true, that he for me, within the year past, made such demand to comply with which said company has wholly neglected and refused, except as above state.

About September, 1877, I gave R. C. Macpherson, on the California Star Oil Works Company, an order for 100 barrels of crude oil, to be delivered in tanks at the springs to be charged to my proportion of the rent and amount of oil due me on said lease, which said oil was never delivered, and as I am informed and believe, said California Star Oil Works Company repudiated said order and failed and neglected to deliver said oil, or any portion thereof, or in any manner, to comply with said order, or the request therein contained. I also made the demand, a copy of which is hereunto annexed, marked “Exhibit C”, and made a part of this affidavit, to comply with which, the defendants, the California Star Oil Works Company, have hitherto wholly neglected and refused.

Robert S Baker

July 3, 1878






“Exhibit A”

Lyons Station June 1st 1878
Mess. Baker Beale & Co.

Gents:
Enclosed please find statement of crude oil taken from Pico Wells from April 19 to June 1st 1878.
April 19 to May 1st, 40 Barrels.
May 1st to June 1st, 126 Barrels.
Oil taken from Wells to Macpherson wells,
88
--------
254
Your share being 1-8 of the amount in tank, being 31.3-4 barrels, which is at your disposal.

Yours Respectively,
Cal. Star Oil Works Co.
Per E. Bryant.





“Exhibit B”

Lyons Station July 1st 1878
Mess. Baker Beale & Co.
Gents:

Enclosed please find statement of crude oil taken from Pico Wells from June 1st to July 1st, 1878:

June 1st to July 1st 1878 412 BBL.

Your share being 1-8 of the amount in tank being 51.1-8 Barrels which is at your disposal.

Yours Resply,
Cal. Star Oil Works Co.
Per E. Bryant