This affiant A.J. Bryant being first duly sworn states:

That he is a resident of the City and County of San Francisco, California. That the above mentioned defendant, the California Star Oil Works Company, was organized on or about the 8th day of July, 1876, and that affiant is now, and has been ever since its organization, one of the Board of Directors of said Company, and also President of said Board.

That as he now recollects and believes he has attended every meeting of the Board of Directors called by the said company, and presided over the same; that no demand has been made upon him personally, or as President of said Company, or upon said Company through him, for any part or portion of the oil produced by the wells mentioned in the complaint, or that he individually, or as President of said Company, or that said Company should account to R. S. Baker or E. F. Beale, and Sanford Lyon and Christopher Leaming, or any or either of them, for any oil produced at or from said wells, except that the said Beale did, on or about the [blank] day of [blank] 1877, demand of affiant that he cause said company to prepare a statement showing the amount of oil produced, and also showing that such statement was rendered to the said Beale and Baker to the exclusion of said Lyon and Leaming and that it should admit and acknowledge that one eighth of said oil, being the amount due to the parties of the first part in said lease, was actually due to said Beale and Baker to the exclusion of said Lyon and Leaming and all others.

Affiant further states that he has never heard any other demand made by said Beale or Baker except the one above mentioned and that no demand of any kind was ever made by them, or either of them, or by said Lyon or Leaming, or either of them, at any meeting of said Board of Directors.

Affiant further states that until the filing of this complaint, he never heard any claim made or any assertion on the part of any one that the wells described in the complaint had not been operated and worked in a proper manner, but upon the contrary, it has been the intention and desire and to the interest of the Company, to work and operate them in the most skillful and workmanlike manner and to that end the company has always employed the most skillful managers and operators which could be provided, and endeavored to use all proper appliances and tools.

Affiant avers on information and belief, that said wells and any of them have been operated since they have been in the possession of said Company in the most skillful and workmanlike manner.

A.J. Bryant

June 7, 1878