L.C. Bently being duly sworn says:

I went to work for the California Star Oil Works Company at the Pico wells in June 1876 and have been in the employ of said company, working at said wells, ever since. My business being particularly to assist Mr. Mentry in operating the wells. I have had his affidavit herein verified July 13th 1878 and have personal knowledge of nearly everything he states regarding the wells, their operation and the waste of oil since June 1876 and believe all the statements of his affidavit are true. I know however that Weed has been at the wells twice; once when Mr. Mentry was there and once when he was absent, but at neither time did he stay long enough, in my opinion, to enable him to ascertain sufficient to give expert testimony.

The plan adapted for the pumping wells is to pump them “by heads” or at intervals.

I am satisfied that this is the proper way to handle these wells and that as much oil is obtained in the long run as would be if they were pumped continuously. We determined this by actual experiment for the purpose of testing the matter, and pumped one well a long time continuously, I think about two weeks, and found that it would produce no more oil than by pumping “by head”.

I am certain that Loomis is mistaken about seeing No 1 spurt to the top of the derrick, never heard of any such spurt, and would without doubt have heard of it if it had occurred; and the statement that that well spurted to the top of the derrick, or that the spurt lasted half an hour, are unreliable.

I remember when Loomis was staying with Stanton. We were deepening No 1 at the time and always at night the top of the casing was secured by an “oil saver” or some equivalent device, and outlet pipes arranged to carry off the flowing oil. In this way spurting such as described by Loomis was impossible.

The wells have never, since I have had any thing to do with them, been plugged so as to obstruct the flow of oil or gas.

The “oil saver” and so called plug mentioned in Mentry’s affidavit, were used but there have always been outlet pipes in connection, more than sufficient to permit the escape of oil and gas. Some devices of this kind are necessary to prevent wastage when deepening flowing wells, and are, as I understand, universally used by oil men; and how Lyons or A.L. McPherson could have overlooked the outlet pipes or been willing to swear that a well was plugged, in the sense in which they apparently use the term, I do not understand.

I have read with special care that part of Mentry’s affidavit relating to so called wastage. Either he or I have been on the claim attending to the wells all the time and no waste of any amount could have occurred without one or the other having knowledge of it; and I know no wastage other than he mentions and are confident his statements are correct.

The wastage he mentions as occurring when I was in charge and he was surveying happened in this way: There is a pipe line connecting the tanks at the wells with the tank where the oil is delivered to the wagons about 1 ˝ miles down the canon. I was running oil from one of the upper tanks to the lower one and at the same time running oil from the wells in the upper tank. In some way the pipe line became clogged and the upper tank filled up and commenced running over.

This was soon discovered and I at once turned the oil from the wells in another tank and stopped the wastage. I am confident that not more than three barrels escaped at this time. I know from personal experience that oil evaporates greatly in Pico Canon, much more than I would have supposed without actual tests.

Have heard Lyon complain to Mentry that his Lyon oil was only gauged once every 15 days; and contending that it should be gauged oftener, and that he suffered heavy loss by evaporation in the meantime.

The California Star Oil Works Company have always provided sufficient tankage for ordinary circumstances. There would have been no trouble as to tankage but for the unusually heavy rains of the last season, and consequent interruption of the hauling. The wells have at all times been pumped regularly except at the times mentioned in Mentry’s affidavit filed herein; even at those times the wells were pumped sufficiently to keep them clear of water and I am confident that none of the wells have been injured by any of the acts of omission or commissioned on our part.

I am well acquainted with the so called experts who have given their evidence in behalf of plaintiff as to the management of the Pico well and have met and talked with them at different times.

I have never heard any complaint as to any mismanagement of the wells until the commencement of this action.

L. C. Bently

July 13, 1878