The affiant L.C. Bently being sworn says:

That I am now and have been ever since the 20th day of June 1876 employed by said Defendant Corporation to assist Mr. C. A. Mentry in drilling and operating the oil wells on the Pico claim. I have resided during said time on the claim and have been actually engaged in assisting in operating said wells and have been in charge of said wells whenever said Mentry has been absent.

I have been on said premises and employed on working said wells almost continually since my employment by the company as aforesaid. Mr. C. A. Mentry, the superintendant, has during said time exercised the most careful supervision over said wells and said property and said wells have, during all the said time, been operated and used in a proper, skillful, and workmanlike manner, and I feel no hesitation in saying that nothing has been left undone necessary for the proper workmanlike and skillful operation of said wells, and that no one has, within the twelve (12) months preceding the action or at any time since I have had anything to do with said property, checked or suppressed or impeded the flow of oil from said wells, and that nothing has been done that would injure, or have a tendency to injure, said wells, or either of them, or to cause loss to the plaintiff.

That the machinery for operating said wells is of the most approved kind and adequate in every respect for their proper operation. I do not believe, nor do I know of, any reason why any one should believe or allege that the flow of oil has been checked or suppressed, or that the working and operation of the well as it has been, and is now being, done, is forcing or will force the oil on the Pico claim to find an outlet elsewhere, or diminish the yield of said wells. There are no other wells producing other then those on this claim and but one being drilled within miles of the same, and this well which is being drilled, is at least one half mile distant from the wells on the Pico claim.

How any one can state that this well which is on an opposite slope of a high mountain will tap the same oil deposits as those tapped by the Pico wells I cannot imagine and I do not believe such will be the case. It is almost certain that such well cannot affect the yield of oil from the said Pico wells.

I have never heard any complaint made by any one concerning the way the wells on the Pico claim have been, or are being, operated, and do not believe any cause for complaint exists.

L. C. Bently

June 10, 1878