D. C. Scott being duly sworn deposes and says:

That I am the D.C. Scott who gave an affidavit in behalf of defendant heretofore and that, as appears from the same, have had an extensive acquaintance in oil matters and also in respect to the Pico oil wells. Said wells are what as known as dry wells, i.e., wells with little or no water as contra-distinguished from wet wells or wells containing greater quantities of water. I am satisfied that the proper mode of pumping wells on the Pico claim is by heads or at intervals. I state this from actual tests made with these wells. I assisted in making several experiments and it was demonstrated that the wells would produce as much or more in a given time when pumped by heads or at intervals than when pumped continuously. In Pennsylvania wells of the character of the Pico pumping wells are universally pumped by heads. The pump generally used in oil wells will pump very much more if run continuously than the said Pico wells will produce and for this reason if the pumps were run continuously they would be run upon a vacuum most of the time, and running upon a vacuum is generally considered, and as I believe, injurious to a well.

I know that the defendant corporation have managed and used and operated the Pico wells in a first class and workmanship manner. Although I have been upon the claim very often, I never heard until this litigation was commenced any complaint as to the management of the wells or any suggestion that any of them had been plugged or the flow of oil in any way suppressed or obstructed, and do not believe that any plugging or obstructions occurred.

I knew about the so-called plug and also the oil “saver” used by Mentry. Each had outlet pipes sufficient to take away ten times the amount of oil produced and it is remarkable that any could by found foolish enough to suppose or swear that these things checked or obstructed or plugged the wells.

I knew that A.L. McPherson’s statement that crude petroleum was shipped from the Pico wells to Ventura County is untrue, as no crude oil could have come to Ventura from the Pico wells without my knowledge. I have made many and frequent visits to the Pico wells and I state positively that the mode and manner of working them pursued by C.A. Mentry has been first-class in every respect.

I know the Pico Springs as the Pico claim adjoining the wells worked by the defendant corporation and that the oil from said springs which is not controlled by them, is constantly running to waste, and at all times makes a considerable show where there is no water in the creek. I further state that in almost every canyon from the Sespe to Coche Canyon in the Canada Larga more or less oil is constantly running upon the water and making a considerable show, although there are no producing wells in any of these canyons except one.

D. C. Scott

July 15, 1878