Emil Wolff, of full age, being duly sworn, according to law, upon his oath deposes and says:

That he resides at No. 342 South Sixth Street, in the city of Newark, county of Essex and State of New Jersey, and for many years last past has been a maintenance engineer in manufacturing plants, and is at the present time employed as an assistant supervisor of the bureau of smoke abatement in the city of Newark, county of Essex, and State of New Jersey.

That on or about the 25th day of April 1927, he entered the employ of the Bolinross Chemical Co. at its plant on Orange Street, Newark, N. J., and was continuously employed by said company until the 20th day of February 1929. His duties with the said company were to maintain the machinery and equipment in good working order and to attend to the mechanical repairs, operations, and cleaning of the machinery.

On the 18th day of February 1927, the Bolinross Chemical Co. had in operation four stills as follows: One lime still, one sulphuric acid still, one water still, and one ethyl acetate still, the only still from which it would have been at all possible to take a sample of alcohol fit for beverage purposes, but this was impossible in this particular case because the equipment in and of the said still would render it impossible to procure a sample of alcohol fit for beverage purposes, because of the use to which the still had been put prior thereto in the manufacturing of ethyl acetate.

However, on the 18th day of February 1929, I ordered John Long who was then employed by the Bolinross Chemical Co. and who had been in full charge of this still to thoroughly wash and clean the same, and after he had done so, I made a complete inspection of the same to ascertain whether he had properly performed his task. I found that he had and the still, column, and condensers had absolutely been washed and cleaned and there was not a trace of alcohol in the still, column, or condensers, and it would be absolutely impossible for the Government agents or other chemists to take a sample from the column which would contain alcohol fit for beverage purposes.

As maintenance engineer of this company, I was fully familiar with the plant, its general lay-out and the buildings it occupied. The Bolinross Chemical Co. plant occupied the premises described by the figure "J" on the plan attached to

8. Repts., 76–3, vol. 3- -22

the affidavits of which this is one together with the shaded portions, and had absolutely no connection whatsoever with the other buildings described on the said plan. That the walls of the building occupied by the Bolinross Chemical Co. were 12-inch brick walls and had no entrance or connection with any other buildings. The Bolinross Chemical Co. had its own water-pipe lines with water supplied by the city of Newark and had its own boiler plant, and as herein stated had absolutely no connection with any other buildings described on the said plans. After the still in question had been thoroughly washed and cleaned, it was intended to keep the same idle until after the Washington's Birthday holiday, and on February 20, 1929, the still was idle.

After the still had been washed and cleaned in order to deliver any product whatsoever, it would have been necessary to keep the same in operation at least 3 days before it delivered any ethyl acetate or other product from which a sample could be taken. In order to keep the still in operation at all times, I had John Long work the 12-hour day shift and Chester Lucus work the 12-hour night shift, and it was only during the period when the still was being washed and cleaned or was idle that they both worked at the same time.

From my prior experience and from my knowledge of the operation of the Bolinross Chemical Co., I know as a fact that it was absolutely impossible for any still on the premises to deliver alcohol fit for beverage purposes.

Sworn to and subscribed before me this 7th day of April 1937. [SEAL]

EMIL WOLFF.

MAURICE JORDAN PRICE,
A Master in Chancery of New Jersey.

STATE OF NEW JERSEY,

County of Essex, ss:

John Long, of full age, being duly sworn, according to law, upon his oath deposes and says:

That he resides at No. 63 Rutgers Street, in the city of Newark, county of Essex and State of New Jersey, and is by trade a general mechanic and has been for many years last past.

That he entered the employ of the Bolinross Chemical Co. on April 25, 1927, and remained in their employ until February 20, 1929. That his immediate superior was Emil Wolff, the maintenance engineer.

On February 18, 1929, preparatory to closing the plant for the Washington's Birthday holiday he was instructed by Emil Wolff, the maintenance engineer, to thoroughly clean and wash a certain 2,200-gallon iron steam-coiled steel plant with a 36-foot copper column and two copper condensers, water-cooled.

That pursuant to said instructions he and deponent's helper, one Chester Lucas, started to clean the still early on the morning of February 18, and worked on the same with bis helper Lucas fully a day and a half and thoroughly cleaned and washed the kettle of the still, the column and condensors, washing same down with large volumes of water. When this was finished the stills, columns, and condensors were inspected by Mr. Wolff, the maintenance engineer, and the work was approved by him.

Deponent further says that he knows of his own knowledge that it would be absolutely impossible for the Government agents or any other chemists to take a specimen from the said still which would show that it delivered alcohol fit for beverage purposes. The only other stills in operation at the plant at that time were the lime still, sulphuric acid still which was in repair, and a water still, and it would have been impossible to take a sample from any of the said stills which would render alcohol fit for beverage purposes. Further it was impossible to take a sample from the ethyl acetate still which would render alcohol fit for beverage purposes because of the use to which the still had been put in delivering ethyl acetate.

Deponent further says that from the time he entered the employment of the Bolinross Chemical Co. on April 25, 1927, to the time of the raid by the Government agents on February 20, 1929, he was the only person who operated the said still, and because of the construction of the same he knows that it was absolutely impossible to put the still to any other use than the purpose to manufacture ethyl acetate made with completely denatured alcohol and unfit for beverage purposes, and in all the time said deponent was employed in the said plant nothing but completely denatured alcohol was used in the operation of the said still.

After the still was washed and cleaned by me, together with the assistance of Chester Lucas, the same remained idle and was idle at the time of the raid by the Government agents. This idle period of the still was necessary because of the fact that we had intended to close on Washington's Birthday. In order to do so it was necessary to shut down the operation of the still. This was due to the fact that after the still was once washed and cleaned, and in order to produce ethyl acetate again, it was necessary to continue the still in operation for at least 3 days before it would deliver that product. It was for this reason that the still was idle on February 20, 1929.

During the period of the operation of the still it was necessary for someone to be in charge of the same at all times, and for that reason I worked during the 12hour day period and Lucas was in charge of the still during the 12-hour night period, and it was only during the period that the still was washed and cleaned, or was idle, that Lucas and I worked during the same period.

From my experience in the Bolinross Chemical Co. plant, I know that it was impossible for any other still than the one under discussion to deliver any alcoholic product, and it was impossible for the still under discussion to have any sample of any alcoholic product on the kettle, column, or condensers on February 20, 1929, when the same was idle and after it had been thoroughly washed and cleaned. JOHN LONG.

Sworn to and subscribed before me this 6th day of April 1937.

SIG. C. BERshear, Attorney at Law of New Jersey.

STATE OF NEW JERSEY,

County of Essex, ss:

Chester Lucas, of full age, being duly sworn, according to law, upon his oath deposes and says:

That he resides at No. 63 Rutgers Street in the city of Newark, county of Essex, and State of New Jersey, and is a general factory helper.

That on July 29, 1927, he entered the employ of the Bolinross Chemical Co. in the capacity of a general factory helper, whose duties were to aid and assist John Long, who was the general mechanic in the plant of the Bolinross Chemical Co.

Deponent's duties were to assist in cleaning and washing the plant and the machinery and equipment and generally to help John Long.

That on the morning of February 18, 1929, he and John Long were instructed by Emil Wolff, the maintenance engineer, to commence cleaning the 2,200-gallon iron steam coiled still equipment with a 36-foot copper column and two copper condensers water cooled. That together with John Long they thoroughly washed and cleaned the kettle of the said still, column, and condensers, and when the same was completed, the said work was inspected by Mr. Wolff, the maintenance engineer, who approved the said work.

Deponent further says that after the said still was washed and cleaned, it would have been impossible to take a sample from the column or any other part of the still which would show that it rendered alcohol fit for beverage purposes. In fact the still was thoroughly cleaned and would not render anything but water, and it would have been impossible to take a sample from the said still which would show alcohol fit for beverage purposes.

After the said still was cleaned by the deponent, together with John Long, it was intended that the same should remain idle until after Washington's Birthday when we again intended to resume operations. After the still had been once washed and cleaned in order to deliver ethyl acetate again or any distilled product, it would have been necessary to run the still for not less than 3 days before any results could be obtained therefrom.

At the time of the operation of the said still someone must always be in charge thereof and during the operation of the still which was conducted by John Long, and whom I assisted, the method of operation was as follows: Long would be in charge of the still during the 12-hour period of the day, and I would be in charge of the still during the 12-hour period of the night, and it was only during the time that the still was being washed and cleaned, or was idle, that we worked together at the same time.

From my 2 years' experience in the plant of the Bolinross Chemical Co., I know that it was impossible for any of the other stills which were used for the production of lime, sulphuric acid, and the distillation of water to render any other products therefrom, and that the only still in operation that had any alcoholic

product was the still which we washed and cleaned and which was idle on February 20, 1937.

I have read the above affidavit fully and know from my own knowledge that the facts and statements herein made are true.

CHESTER LUCAS.

EDW. SHAW,

A Notary in Chancery of New Jersey.

Sworn to and subscribed before me this 5th day of April 1937. [SEAL]

STATE OF NEW JERSEY,

County of Essex, ss:

Sidney Rietman, of full age, being duly sworn, according to law, upon his oath deposes and says:

That he is a clerk in the employ of Edward J. Abramson, a counsellor at law of the State of New Jersey.

That at the request of Edward J. Abramson, on April 13, 1937, he made an inspection of the records of the United States district attorney for the District of New Jersey, at his office, at Trenton, N. J., for the status of the complaint against Frederick G. Ross on an information filed against him after a hearing before Joseph Holland, United States Commissioner, on February 20, 1929.

The records in the United States district attorney's office disclosed that the grand jury returned no indictment and that the complaint was marked "closed." That he requested a letter or certificate to this effect from the clerk in charge of the records in the United States district attorney's office, but was advised that this information was gleaned from the docket entries, and that they could give no certificate or letter because the docket and jacket were not available.

SIDNEY RIETMAN.

Sworn to and subscribed before me this 13th day of April 1937. [SEAL]

MILTON L. ZICHERMAN,
A Notary Public of N. J.

Expires 1938.

OFFICE OF THE UNITED STATES ATTORNEY,
FOR THE DISTRICT OF NEW JERSEY,
Trenton, N. J., April 13, 1937.

Newark, N. J.

EDWARD J. ABRAMSON, Esq.,

DEAR SIR: So far as our records indicate, there is no case open of record at this time against anyone by the name of Frederick J. Ross.

Very truly yours,

JOHN J. QUINN, United States Attorney.

UNITED STATES OF AMERICA

DISTRICT OF NEW JERSEY

I, George T. Cranmer, clerk of the District Court of the United States for the District of New Jersey, do hereby certify that I do not find any indictment or criminal information filed against Frederick G. Ross, as the same remains of record, and on file in my office.

In testimony whereof, I have hereto subscribed my name and affixed the seal of said court, at Trenton, in said district, this 13th day of April A. D. 1937.

[SEAL]

GEORGE T. CRANMER, Clerk.
Per B. F. HAVENS, Chief Deputy Clerk.