Charlie Smith being first duly sworn deposes and says:

I am a white male citizen of the United States over twenty one years of age and reside in the County and State aforesaid. For six months last past, I have resided in the San Fernando Oil District being employed at the well known as the McPherson well, near the Pico oil wells.

I have been at the Pico oil wells frequently and have very frequently, during the last six months, seen oil running to waste from those wells and in considerable quantities. On one occasion, about the 1st of April last, I built a dam in the creek about two and a half miles below the wells to catch the oil that was running to waste and did catch and fill two barrels. There was a great deal more oil running to waste there, but I had no more barrels. This oil came from the Pico oil wells.

Charlie Smith

June 28, 1878