This affiant G. W. Porter being duly sworn says:

I have been in the employ of Sanford Lyon in drilling what is known as the Lyon well situated on the Pico oil claim, commencing at or about the 14th day of February 1876, and was in said Sanford Lyon’s employ until about the middle of May 1876. I then commenced work for the San Francisco Petroleum Company in the month of May 1876 and was employed in drilling what was known as well No 1 situated at the foot of the mountain in the Pico canyon and continued in the employ of said company until October of 1876, and in December of 1876 I went to work for Adam Thayer & Co on Sulphur Mountain, Ventura County, and was in the employ of said Adams Thayer & Co until March 1877 during which time I was in charge of and drilling the wells known as No 5 and 6, and on the 18th day of June 1877 I came back to the Pico Canyon and went to work again for the San Francisco Petroleum Company and was employed by said San Francisco Company in drilling what is known as well No 2 situated on top of the mountain in the said Pico Canyon, and continued in the employ of said San Francisco Petroleum Company until the 27th day of February 1878.

I further state that I now reside and have resided during the time I was in the employ of said Sanford Lyon and also in the employ of the San Francisco Petroleum Company in the Pico Canyon and in close proximity to wells operated in said Pico Canyon all of which are situated in the Country of Los Angeles, State of California. I further state that during the time I was in the employ of the San Francisco Petroleum Company I frequently visited the Star Oil Works Company’s wells and saw that the wells under the supervision of C.A. Mentry were operated in a proper, skillful, and workmanlike manner and I never saw that the flow of oil from said wells were ever checked, suppressed, or impeded in any way and that nothing had been done that would injure or have a tendency to injure said wells.

I further state that in the month of February 1878 Mr. R.C. McPherson, who is superintendent of the San Francisco Petroleum Company, did instruct men in the employ of said company to construct dams in the said Pico Canyon for the purpose of saving any oil that might flow down the canyon and from said Pico wells and R.C. McPherson gave me as his reasons for constructing said dams as follows: That as the roads were then in a bad condition on account of the heavy rains and the teams not being able to go up the canyon for the purpose of hauling oil, that probably the tanks might run over and the oil would run down the canyon, and thereby in constructing dams he might be able to save some of the oil.

I further state that I am in knowledge of the fact that there was but little oil saved by the construction of said dams as there was but little, if any, oil flowed down the canyon from the Pico wells.

I resided within one hundred feet of one of the dams and being at the time in the employ of said San Francisco Petroleum Company, I did not hesitate in stating that what I say is a correct statement of fact and I further state that while I resided in said Pico Canyon that I never saw oil enough run down said canyon that could be set on fire by lightning, a match, or even by applying a torch. I further state that from experience I am in knowledge of the fact that providing there was one or two barrels of oil emptied into the creek of said Pico Canyon and a body of water was running down said creek, that to a person not acquainted with or having had no experience in seeing oil flowing on top of the water, would think there was not less then one hundred barrels of oil flowing down the creek, when actually there would be only one or two barrels of oil.

I further state that I was born in Clarion County, Pennsylvania, and commenced operating in oil wells in 1873 and have since that time been almost continually engaged in operating oil wells generally and in my experience in pumping the Lyon oil well situated on the Pico oil claims, I have found that the well would produce as much oil by on pumping the well twice a day as when we pumped it three times per day.

I further state that from the 1st of November 1877 until about the 23rd day of January 1878 and while in the employ of said San Francisco Petroleum Company, I resided at well No 2, on the mountain, and since the said 23rd day of January 1878, or about that time, and until about the 11th day of June 1878, I resided at the foot of the mountain and about one hundred and fifty yards below, and in sight of, the residence of Mr. Thomas Waite in said Pico Canyon, and sometime about the 1st of March 1878, it was on a Sunday morning, I met Mrs. Waite, the wife of Mr. Thomas Waite, about half a mile below my house in said Pico Canyon and she informed me there was oil running down the canyon and requested me to fix the dam that was constructed near my house and in the canyon. I hurried up and when I got there I fixed the dam. Mr. Waite saw that the water was somewhat colored and said she thought the tanks had either bursted or overflowed.

I did not save any oil as there was only a little of what is know as B.S. oil, which is nothing more than the settlings and dregs of the oil which accumulates on top of the water and underneath the oil which accumulates in the tanks and when the water is run off from the tanks, the B.S. oil is also run off which colors the water so as to appear to persons not thoroughly acquainted with oil, as though there was considerable oil.

I further state that I am not an interested party to this action and am not now in employ of either plaintiffs or defendants, and have no interest in this matter in controversy whatever.

G. W. Porter

June 24, 1878