In the District Court of the 17th Judicial District of the State of California in and for the County of Los Angeles
Nathaniel J. Clark, Plaintiff
against
Rube Denton, Defendant

Deposition of Rube Denton

1. State your name, age, occupation and place of residence.
Rube Denton. Forty four years. Am doing nothing now. Have been in the oil business. Have no particular residence and about to travel abroad for my health.

2. Do you know D. C. Scott and J. G. Baker? If so, since when have you known them and where?
I have known them both in Los Angeles County since December 11th, 1875.

3. Are you the defendant in this action?
Yes sir.

4. Do you know Nathaniel Clark the plaintiff in this action?
Yes sir.

5. State whether or not on the 22nd day of March 1876 or at any other time you contracted in writing or otherwise with D. C. Scott and J. G. Baker and Nathaniel Clark the plaintiff in this action to pay said Clark any sum or sums of money as the debts of said Scott and Baker to sid Clark and, if any, how much?
No sir. I never did in any way.

6. State whether or not you ever purchased an interest in the Star Oil Works in Los Angeles County of Scott and Baker. If so, about what time?
I did. I bought the whole of it about the 14th day of March 1876.

7. At the time you made such purchase, or thereafter, did you undertake to contract or agree such in writing to pay the debts of Scott and Baker to any person or persons whomsoever or in any sum or sums of money whatever?
No sir.

8. State if you ever paid, after your said purchase, any sum of money to the plaintiff. If so, how much and at whose request did you so pay it.
I took up a note of Scott and Baker of two hundred dollars. I think it was about thirty one dollars. I made a demand on the plaintiff if he had any more claims against Scott and Baker. I was then ready to pay them. He produced a note against D. C. Scott. I refused to pay it. He produced no other claims. I was going away and he said that he had a lot of claims against Scott and Baker and if he had, I wanted him to produce them.

Cross examination:
1. What is necessary in law to constitute a contract in writing to answer for the debt of another?
I suppose a written contract signed by me.

2. Do you understand that that is the only way by which you can be bound to pay the debt of another?
Yes.

3. What was the purchase price agreed upon by you and Scott and Baker for the Star Oil Works and other property you purchased from them?
I believe it was eight thousand dollars.

4. At or before the purchase from them did you have any conversation with them with reference to their indebtedness?
I did.

5. How much did they state they owed at that time?
They thought between six and seven thousand dollars.

6. How much of this indebtedness was for labor performed at the works and how much for machinery and material used in the erection or repair of the works?
That I could not answer.

7. About how much?
There was nay little of it. I have bought and paid for nearly every thing there is there since I made the whole purchase. There was very little of it paid for when I bought in.

8. Did not Scott and Baker furnish you with a statement or inventory of their debts?
No sir.

9. Where and to whom and for how much did you sell the Star Oil Works and appurtenances?
Objection to the question. I sold to R. C. Page a half interest for six thousand dollars.

10. Who owns the other half interest now?
I could not tell you. J. A. Scott has a fifth interest or did have. I don't know who owns the balance. Can tell you who the incorporators were but don't know who owns the stock.

11. When do you expect to leave this State and where to you intend to go?
If my health doesn't get any better when I get to San Francisco I am going to take a trip to Australia and back.

12. How much and in what way have you paid Scott and Baker for the property you purchased of them?
I paid them in advance. I advanced money to them on the 28th day of April 1875 four hundred dollars ($400.00) and continued to advance them money until I took the property.

13. State the dates and amounts of the other advances you made them.
I could not do that without my book.

14. Where is your book?
It is at San Francisco.

15. Did you not about the time of the purchase sign some agreement or other writing for Scott and Baker?
No sir.

16. Did you not on or about the 22nd day of March 1876 cause to be inserted in the Evening Express a newspaper published in Los Angeles City the following notice to wit:

"Notice of Dissolution: The co-partnership heretofore existing under the name of the Star Oil Works, Scott & Baker, proprietors, was this day dissolved by mutual consent, they having sold out their interest to R. Denton, who will carry on the business as heretofore, under the name of Star Oil Works, and who will collect all accounts due the old firm and pay all the liabilities of the same. D. C. Scott, J. G. Baker. Notice - All orders for refined oil should be addressed to R. Denton, Box 145, Los Angeles Post Office; or to R. Denton, Andrew Station, California. Los Angeles, March 21st, 1876."

I told the Express newspaper man to put an advertisement of the dissolution of the partnership in his paper. I did not write the notice.

17. Who wrote it for you?
The editor of the Express I think.

18. What other debts, if any, of Scott & Baker have you paid besides this note to plaintiff?
I don't know, but have paid a good many.

19. Where and when did you demand of the plaintiff that he produces all of his claims against Scott and Baker and who was present?
In front of the St. Charles Hotel in this City about the first of July 1876. The plaintiff and his brother were present.

Redirect examination:
1. At the time you directed the writing and publishing the notice of dissolution of partnership of Scott and Baker did you not understand it to be simply a notice of their dissolution of the co-partnership and was it not done at their request objected to because the writing speaks for itself?
No. I told them to put in notice of dissolution. I understood it to be a dissolution of the firm of Scott and Baker and I was to take their business.

Re-cross examination:
1. What do you understand words to mean - R. Denton will collect all accounts due the old firm and pay all the liabilities of the same?
I understand it to mean just as it reads. It was not my writing.

2. Was not the writing done under your supervision and direction?
Yes sir, it was.

Rube Denton
October 4, 1876

Certified by J. D. Bicknell
Notary Public for State of California, County of Los Angeles