[In the case of Parker Handy and John Paton, Trustees, vs. The Cleveland and Marietta Railroad Company et al., Circuit Court of the United States, Southern District of Ohio, Eastern Division.]
Q. The auditor reports it (the $340) remitted on October 29, 1885. Please state by whom it was held from the first of May to that time.
A. We might as well go back of that, and I will make a clean sweep, so far as I am concerned. This overcharge of twenty-five cents was held by the Macksburg Pipe Line Company. Whether this was my fault or the fault of the general agent I am not able to say. I know no difference between Mr. Rice's oil and the Pipe Line Company's.
Q. The books of the company show from the 26th of March, 1885, until April 28, 1885, Mr. Rice shipped from Macksburg to Marietta 1,360 barrels; that upon these shipments $340, or twenty-five cents per barrel, were reported to the auditor of the Cleveland and Marietta Railway upon the 29th of October. Who sent the money — $340 — to the railroad company, and who reported the amount of money to the auditor?
A. If I understand correctly, if it is the amount I think it is, that is the amount for overcharge. It came through my office.
Q. In whose hands had the $340 been from the time paid by Mr. Rice until it was sent by you to the bank at Cambridge?
A. I received check from Pipe Line.
Q. How soon did you send money to Cambridge after receiving check?
A. I think the next day.
Q. How did you come to get that check?
A. I don't understand.
Q. Did you go after it?
A. No, sir; it was sent to me by mail.
Q. Where was it mailed?
A. Oil City, I think.
Q. By whom was the check signed?
A. By the treasurer, J. R. Campbell, I think.
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Q. If I understand the arrangement during the month of April, 1885, you collected thirty-five cents per barrel for all oil shipped by George Rice, and paid ten cents to the receiver of the railroad company and twenty-five cents to the Macksburg Pipe Line?
A. Yes, sir; as long as Mr. Rice shipped.
Q. Afterwards the Macksburg Pipe Line Company sent the money thus paid to it to you, and you paid the money into the depository of the railroad company on the 29th of October, 1885?
A. Yes, sir.
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