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A I can not say.
Q 64 David D. Colton?
A I cannot say; I think he was though
Q 65 You do not know of your own knowledge that either Stanford, C. P. Huntington or Hopkins were stockholders in that corporation?
A Not of my own knowledge, no. I never saw them sign their names to the list or never saw them have any stock.
Q 66 And you never saw any list of the stock holders?
A Well, I cannot say that I have not seen a list, yes sir; I have seen a list I think but as to remembering who was the stockholders I can not tell you now.
Q 67 Do you know of any other person that was an officer or director of the Western Development Company excepting Mr. Douty?
A Yes. I know that a man by the name of Miller, that went by the name of Miller.
Q 68 Will you give his first name?
A John Miller.
Q 69 Anybody else that you recollect of?
A Not that I recollect now.
Q 70 Who were the officers of the Contract and Finance Company besides yourself?
A Who were the officers at what time?
Q 71 At any time during its existence, that you know or?
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A Well, I think Ben Crocker was one of the directors.
Q 72 At what time was he a director; do you know?
A. In 1867 or 8.
Q 73 Is there anybody else that you recollect of, as being connected with that Company?
A W. E. Brown was the secretary of it.
Q 74 Was he a director also?
A. I think so.
Q 75 Who else were directors of the corporation or officers of it?
A I do not remember now who were.
Q 76 You do not recollect of anybodyelse?
A I think — let me see now — No. I do not remember how long he remained — Mr. — that grocery man there right under our window[crossed out] office — what is his name? — Mr. Milliken was for a while, but how long he remained, I do not remember.
Q 77 Do you know who the stockholders in that corporation were?
A No, I do not remember all of them.
Q 78 Was there any other stockholder in that corporation to you knowledge other than yourself, Leland Stanford, C. P. Huntington and Mark Hopkins.
A. At different time there was, yes.
Q 79 Who were they, if you recollect them?
A Well Ben Crocker was one and Mr. Milliken.
Q 80 How much stock did each of them
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hold?
A. I do not remember.
Q 81 Did Ben Crocker or Milliken or either of them, to your knowledge ever hold any of the stock in this Contract and Finance Company, in their own right?
A Yes sir.
Q 82 Did they ever participate in the dividends declared by the Contract and Finance Company?
A I dont[don't] know whether they did or not. I bought Ben Crocker out myself. Whether he had received any dividends before I bought him out or not I dont[don't] know.
Q 83 Who bought out Milliken?
A I do not know.
Q 84 Do you recollect who the stock holders were at the time of the dissolution of the corporation?
A I recollect I was; I do not recollect who else.
Q 85 Do you recollect if there were any other stockholders, at the time of the dissolution of the corporation, other than yourself Leland Stanford, C. P. Huntington and Mark Hopkins?
A I don not remember who were stockholders. I suppose the names of the stockholders are all a matter of record and easily ascertained.
Q 86 Where is the record by which that
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can be ascertained?
A In the Court that dissolved the organ=ization
Q 87 Does that record contain a list of the stockholders?
A — I presume it does; it necessarily would in order to get a dissolution I should think — I am not certain about it.
Q 88 You say you were the President of the Contract and Finance Company?
A. I was at one time.
Q 89 Did that Company keep those[crossed out] any books showing who their stockholders were?
A Oh, I have no doubt they did.
Q 90 Do you know where the book is?
A No sir.
Q 91 Did you ever see it?
A Yes sir
Q 92 When did you last see it?
A I do not remember when I saw it last; it is a long time ago though
Q 93 Do you know where any of the books or the records of the Contract and Finance Company are, at this time?
A No sir.
Q 94 When did you last see them or any of them?
A I could not remember the date; it is a long while ago though
Q 95 What time in 1861, was it that you ceased to be a director of the Central Pacific Railroad Company of California
A Well without reference to my memorandum
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I could not state it; I have a memorandum in one of my pocket books which I looked up at the time I was making out that answer I think. I wish to state right here that I have a very poor memory for dates and to be positive about any thing I have to refer to some written evidence as I after times conformed two events. It is only some remarkable thing that fixes itself upon my memory as to dates; otherwise I am not positive in my dates. And in that answer I always referred to the books to verify my memory.
Q 96 Are the facts here stated to[crossed out] in your answer, sworn to by you, taken from books?
A Well, when it was necessary, yes sir.
Q 97 State what portion of the answer if you can is from your memory and what from your books.
A Well, it is a very voluminous answer and I could not state the exact portion that was.
Q 98 That portion of the answer in which you aver that you did not make the sum alleged in the complaint, as the profits on the contracts between the Central Pacific Railroad Company and Charles Crocker and Company and averring that you only made a reasonable profit — was that from your memory or from your books?
A It was from memoranda that I had