David Stewart vs. C.P. Huntington

1

Testimony of E.H. Miller Jr. taken pursuant to a commission issued from the Supreme Court of the State of New York in and for the City and County of New York in the actions now pending in that court entitled David Stewart vs C. P. Huntington et al Lloyd Aspinwall, et al Executors is " " " William Patou " " " " Elizabeth Patou Executrix [&c] " " " " John T. Agnew et. al. surviving partners [&c] vs same defendants

Mr. Cohen Ques 1. Please state your name age place of residence and occupation?

Ans. My name is E. H. Miller Jr. age 54 years residence San Francisco occupation Secretary of the Central Pacific R. R. Co [Central Pacific Railroad Company]

Ques 2. How long have you been Secty [Secretary] of the Central Pacific R. R. Company [Central Pacific Railroad Company]?

Ans. Well some 16 years — 16 or 17 — 16 or 17 put it.

Ques 3. Has that been the name by which the Co of which you are secretary has been known during all that time?

Ans. No sir, the name originally was Central Pacific R. R Company of California [Central Pacific Railroad Company of California]

Ques 4. By consolidation with other

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Companies the present Co. [Company] was formed?

Ans. The present Co. [Company] was formed.

Ques. 5 Under the present title?

Ans. Under the present title. it was formed by the consolidation of other Co.s [Companies].

Ques. 6. When did you become the Secretary of the C.P.R.R. Co. of Cal. [Central Pacific Railroad Company of California]

Ans. I think in Dec. 1863

Ques. 7. And were such secretary up to the time of its consolidation with other companies?

Ans. Yes sir.

Ques. 8. Which was in June 1870 was it not?

Ans. June or August, well it was in 1870 I think in August.

Ques. 9. Do you know Mr. David Stewart.

Ans. I do not.

Ques. 10. Do you know any of the parties plaintiffs in these various actions?

Ans. I do not.

Ques. 11. Do you know any of the parties defendants?

Ans. C. P. Huntington.

Ques. 12. The. Defts. [Defendants] are C. P. Huntington Leland Stanford Charles Crocker and

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Mark Hopkins.

Ans. I know the first three and I knew the latter at that time.

Ques 13. Was Mr. David Stewart a stock-holder of the C. P. R. R. Co. [Central Pacific Railroad Company]?

Ans. C. P. R. R. Co of Cal. [Central Pacific Railroad Company of California]

Ques 14. C. P. R. R. Co of Cal. [Central Pacific Railroad Company of California] I should say

Ans. To the best of my recollection he was or there was stock standing in such a name.

Ques 15 Have you any books in your possession showing where he became a stock holder and the amount of stock he held and to whom that stock was transferred?

Ans. I dont[don't] know that the stock was ever transferred but if it was I have books in my possession to show the whole.

Ques. 16. Was the Certificate or Certificates of Stock standing in the name of Mr. Stewart ever returned to your possession?

Ans. Not that I remember.

Ques 17. What is your practice where stock was returned to you as the Secty. [Secretary] of that Corporation what became of it, would be affixed in in its place in the

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book from which is was issued?

Ans. It would, either that or temp-orarily filed.

Ques. 18. But it would be finally restored to the book from which it was issued?

Ans. It would.

Ques. 19. Now will you produce the book from which that stock was issued?

Ans. Yes sir. (Produces book)

Ques. 20. Now then will you please state [and, with a strikethrough], looking at the book before you to refresh your memory, where the certificate of 200 shares of stock of the C. P. R. R. Co. of Cal. [Central Pacific Railroad Company of California] was issued to David Stewart?

Ans. 50 shares. Aug 24, 1865 and 50 shares March. 18. 1867 and that is all.

Ques 21. Where is the other hundred?

Ans. No certificate was ever issued to him for only that, for these 2

Ques. 22. Now do you find any other stock standing in the name of David Stewart on the books of the C. P. R. R. Co. of Cal [Central Pacific Railroad Company of California] than the two certificates you

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have mentioned?

Ans. There was standing in his name for which no certificate was ever issued 100 shares. (The certificate is produced) reading as follows No 606 C. P. R. R. Co of Cal [Central Pacific Railroad Company of California] 50 shares.

Sacramento, Aug 24th 1865 (Vignette between the words Sacramento and Aug. 24th) This certifies that David Stewart is the owner of 50 shares of the capital stock of the C. P. R. R. Co of Cal [Central Pacific Railroad Company of California] transferable only on the books of the Co. by surrender of this certificate properly endorsed. In testimony whereof the said Co. have caused this certificate to be signed by their President and secretary. E. H.Miller Jr. secretary. Leland Stanford President- Capital stock the figures $8,500,000 in print erased in ink, and written over in ink $20,000,000 in figures. The stub reads No, 606; No. of shares, 50; To whom, David Stewart; dated Aug 24th 1865 There is no receipt on the margin of the stub but annexed to the stub is a paper which reads