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Fourth District Court
John R. Robinson - vs. The Central Pacific Railroad Company et al.
Thursday, July 6, 1876
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In the District Court of the Fourth Judicial District of the State of California, in and for the City and County of San Francisco.
John R. Robinson - vs. - The Central Pacific Railroad Company et al.
Pursuant to the notice hereunto annexed, and on the 6th day of July, A. D. 1876, at my office in the city and county of San Francisco, State of California, before me, E. V. Joice, a Notary Public in and for the said city and county of San Francisco, duly appointed and commissioned to administer oaths, &c, &c, personally appeared
Charles Crocker, Leland Stanford and E. H. Miller, Jr.,
witnesses notified to appear by and on behalf of the plaintiff in the above-entitled action, now pending in said Court
A. A. Cohen, and Delos Lake, Esq., appeared as counsel for the said plaintiff, and S. M. Wilson, Esq., Robert Robinson, Esq., and S. J. Bergin, Esq., as counsel for the said defendants.
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Called as a witness for the plaintiff.
Mr. Joice: I propose to have Mr. Crocker sworn as a witness
Mr. Wilson: Counsel on behalf of Mr. Crocker and the other defendants in the case object to the examination of Mr. Crocker as a witness at this time, on the ground that the examination of Mr. Miller has been commenced, and is not yet completed. Mr. Miller is present, ready to proceed to finish his examination; after which the other witnesses, including Mr. Crocker, are ready to be examined. We object to the examination of Mr. Miller being broken at this time for the pur= pose of examining another witness.
Mr. Lake: We are ready to proceed with Mr. Miller's examination, provided he has here the books and papers which he is subpoenaed to produce; otherwise we propose to take up Mr. Crocker, and examine him as a witness.
[Subpoena produced, and read.]
Mr. Wilson: Counsel for defendants say that when Mr. Miller is called, they
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will give a proper response on his behalf, to his call. At present we advise Mr. Crocker not to be sworn or to answer, in the midst of the examination of Mr. Miller, until it is finished; and, on behalf of the defendants, counsel object to Mr. Crocker being sworn at this time.
Mr. Joice: Mr. Crocker, do you decline to be sworn in this case now?
Mr. Crocker: Under advice of counsel I do, sir.
Called as a witness for the plaintiff.
Mr. Wilson: All the statements made by defendants' counsel in reference to Mr. Crocker, and all the objections in re-gard to his examination, are made in reference to Mr. Stanford.
Mr. Joice: Governor Stanford, will you be sworn in this case this morning?
Mr. Stanford: Under the advice of counsel I decline to be sworn.
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E. H. Miller, Jr., Recalled for Plaintiff
Question 1 You have been subpoenaed to produce certain books here at this time: Will you now produce Ledgers Numbers 1 and 2 and Journals Numbers 1 and 2 of the Central Pacific Railroad Company of California? — Have you those books with you?
A.I have not?
Q. 2 Why do you not produce them?
A. I am advised by counsel that I should not produce them.
Q. 3 Do you decline to produce them?
A. I do.
Q. 4 Do you make the same statement in regard to each one of the documents mentioned in this subpoena?
A. I brought none of them.
Q. 5 You read the subpoena, did you?
A. Yes sir.
Q. 6 This subpoena was served upon you, was it not?
A. Yes sir.
Q. 7 Will you consider it read now?
A. Yes sir.