In the District Court of the 17th Judicial District of the State of California in and for the County of Los Angeles
Nathaniel J. Clark, Plaintiff
against
Rube Denton, Defendant

Case 3375

Deposition of J. G. Baker

J. G. Baker, being duly sworn on behalf of the defendant testifies as follows:

Interrogatory 1: What is your name, age, occupation and residence?
My name is John G. Baker, age twenty eight, occupation, clerk, residence, Oakland, California.

Interrogatory 2: Do you know the parties to this suit and how long have you known them?
I have known the plaintiff about a year and a half. I have known the defendant about a year.

Interrogatory 3: Had you at anytime an interest in the Star Oil Works in Los Angeles County, State of California, and, if so, when and what interest and has that interest ceased and if so when?
I had during the year 1875 a half interest. It ceased by a sale to Mr. Denton, the defendant in March 1876.

Interrogatory 4: If you have disposed of your interest, to whom did you sell?
To Mr. Denton, the defendant.

Interrogatory 5: State whether you and Scott and Clark were in any manner interested together in any other mines or mining interests or in the discovery and development of the same; if so, what were they and where were they situated?
I was not.

Interrogatory 6: State whether or not you knew of any contract in writing between yourself, D. C. Scott, Rube Denton and N. J. Clark by which Denton obligated himself in writing to pay any indebtedness of yourself and D. C. Scott, and, if so, for what amount and for what purpose?
The only contract I know of is the one a copy whereof is as follows to wit:

"Whereas the undersigned have this day received of D. C. Scott and J. G. Baker, heretofore doing business under the firm name of Scott & Baker, a bill of sale of all their interest and property held or owned by them as copartners aforesaid. Now therefore this is to witness that I have agreed and I do herby agree in consideration of said conveyance to me to assume, pay off and fully discharge all the debts and liabilities of the said firm of Scott & Baker, and to hold said Scott & Baker harmless from all liabilities on account of their said business heretofore contracted.
Witness my hand this 21st day of March, 1876. Reben Denton. Witness J. D. Bicknell."

Interrogatory 7: State whether or not plaintiff N. J. Clark at any time advanced or loaned to you or to D. C. Scott any money for the purpose of carrying on the business of the Star Oil Works. If so, how much and was the money so borrowed, advanced or loaned used in the business of the Star Oil Works?
We did. I can't say how much, but all the money received was used in the business of the Star Oil Works.

Interrogatory 8: State if plaintiff ever loaned or advanced to or said Scott any money to be used in the development of any mines of mineral interests other than those of the Star Oil Works.
He never did to me. I don't know whether he ever did to Scott.

Interrogatory 9: The plaintiff claims to have advanced to you and D. C. Scott $1505, $250 of which was secured by note of Scott. Did he advance said amount to you or either of you, or any part thereof to be expended on the Star Oil Works? If so, how much?
He advanced money to me to be expended on the Star Oil Works. I know of four hundred dollars at one time and thirty dollars at another. I might have got another amount not exceeding one hundred dollars. I speak from memory having no memorandums. The above amounts were used in the business of the Star Oil Works.

Interrogatory 10: Did you and Scott or either of you have any money accounts or transactions with said plaintiff Clark other than those connected with the Star Oil Works? If so, what were they and to what extent?
I had not.

Interrogatory 11: State generally any facts within your knowledge explanatory of the above questions or either of them.
I have nothing further to say than what I have stated already.

Cross interrogatory 1: Have you now in your possession or under your control any contract, obligation , note, memorandum, letters or other evidence in writing signed by the defendant of a promise or agreement made by him to pay the debts of the firm of Scott & Baker or of the individual members of said firm or either of them? If so, please annex a copy thereof to this deposition.
The only writing I know of is the one, a copy of which is given in answer to the sixth direct interrogatory.

Cross interrogatory 2: If you answer no to the last interrogatory, state whether you have ever seen any such document, when and where you saw it, where it now is and state the content of such document as near as you can remember the same.
I refer to the sixth direct interrogatory.

Cross interrogatory 3: Do you know any other matter or thing touching the matter in this action that will be to the benefit or advantage of the plaintiff? If yes, declare fully and at large as if you have been particularly interrogated thereto.
My previous answer comprises my knowledge.

John G. Baker
December 5, 1876
By Charles Halsey, Court Commissioner of the District Court of the Fourth Judicial District of California, City and County of San Francisco