Central Pacific Railroad Company Lawsuits

In the Supreme Court of the [all underlined individually] City and County of San Francisco [all underlined individually] Department No. 7. [all underlined individually]

The County of San Joaquin [all underlined individually] — vs — The Central Pacific Railroad [all underlined individually] Company et al [all underlined individually]

Be it remembered that on this 27th,, day of December 1880 before me, the undersigned Notary Public in and for the City and County of San Francisco and pursuant to due Notice given appeared before me Charles Crocker a witness to be examined on the part of the plaintiff and also came A. A. Cohen Esq.. Attorney for Plaintiff, and S. W. Sanderson Esq.. Attorney for defendants and the said witness being by me duly sworn deposed as follows.

Be it remembered that on this 29th day of November 1880 before me the undersigned Notary Public in and for the City and County, and pursuant to due notice given, appeared before me Edward H. Miller, a witness to be examined on the part of the Plaintiff and also came A. A. Cohen Esq.. Attorney for plaintiff and S. W. Sanderson Esq.. Attorney for defendants and the said witness being by me then and there duly sworn deposed as follows:

Testimony

of

E. H. Miller Jr.

Called as a Witness Sworn

By Mr. Cohen

Q. 1 Please state your name, age, place of residence and occupation.

A. E. H. Miller Jr, age, 54, Residence San Francisco, Occupation, Secretary of the Central Pacific Rail Road Company.

Q. 2 [crossed out:] "(This is the suit of the County of San Joaquin against the Central Pacific R.R. Co, and others in which this deposition is taken.)" How long have you been Secretary of the Central Pacific R.R. Co [Central Pacific Railroad Company]?

A. 15 or 16 years.

Q. 3 Does that time include the Secretaryship of the Corporation Known as the Central Pacific R.R. Co of California [Central Pacific Railroad Company of California]?

A. It does.

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Tuesday November 30th 1880

Continuation of the deposition of Edward H. Miller Jr. a witness sworn and examined on the part of the Plaintiff pursuant to adjournment Before E. V. Joice Esq.. Notary Public Present: A. A. Cohen Esq.. Attorney for Plaintiff and S. W. Sanderson Esq.. Attorney for Defendants

November 30th.

Testimony of E. H. Miller Jr.

Recalled

By Mr. Cohen

Q. 19 Who were the directors of the Western Pacific R.R. Co [Western Pacific Railroad Company] at the time of the consolidation with the Central Pacific R.R. Co of California [Central Pacific Railroad Company of California]?

A. Previous to the consolidation with the Central, to wit: on November 2d [2nd] 1869, the Western Pacific R.R. Co [Western Pacific Railroad Company] was consolidated with the San Francisco Bay Rail Road and the Capital stock was increased from fifty four hundred thousand to ten million four hundred thousand.

Q. 20 At the time of the consolidation with the Bay Rail Road that you have spoken of, who were the Directors of the Western Pacific?

A. Leland Stanford, Charles Crocker, C. P.

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In the Superior Court of the City and County of San Francisco Department No. 7.

The County of San Joaquin vs The Central Pac. R.R. Co. [Central Pacific Railroad Company] et. al.

Thursday December 2nd 1880.

Continuation of the deposition E.H. Miller Jr., a witness sworn and examined on the part of the plaintiff pursuant to adjournment, before E. V. Joice Esq.. Notary Public. Present: A. A. Cohen Esq.. Attorney for Plaintiff and S. W. Sanderson Esq.. Attorney for defendants.

Testimony of E. H. Miller.

Resumed.

Mr. Cohen Q. 127 You were asked at the last hearing to produce written contracts if such were in your possession between the Central Pacific Railroad Company of California and Charles Crocker and the Central Pacific Railroad Company of California and the Contract and Finance Company. Do you produce them?

A. I have looked for them and cannot find them or do not find them.

Q. 128 You were also asked to examine and inform us of the amount of stock of the Central Pacific Railroad Company of California which was transfered [transferred] from the Contract and

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In the Superior Court of the City and County of San Francisco Department No. 7.

The County of San Joaquin vs The Central Pacific Railroad Company et. al

Monday December 6th 1880

Continuation of the Deposition of Edward H. Miller Jr., a witness sworn and ex=amined on the part of the Plaintiff pursuant to adjournment. ---

Before E. V. Joice Esq., Notary Public

Present A. A. Cohen Esq., Attorney for Plaintiff and S. W. Sanderson Esq., Attorney for Defendants.

Mr. Cohen [underlined] --- Q 212 --- Now, will you turn to the page in Ledger 2. of the Central Pacific Rail road Company of California, which you have produced and exhibit the account kept with the Contract and Finance Company, known as the Contract and Finance Company Construction account?

Mr. Sanderson [underlined] --- We object to any investigation into the construction of the Central Pacific Railroad Company, on the ground that the "defendant"[crossed out] plaintiff in this suit, if he has any interest at all, is interested only, in relation to the Western Pacific and as Counsel for Mr. Miller and others, defendants in this suit, I instruct him to

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