David Stewart vs. C.P. Huntington

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the same as on the previous certificates, to the Contract & Finance Co., endorsed by Wm Paton to the Contract & Finance Co.

The next is 609; this certificate is a copy of all the others, No. 609 for 500 shares, dated August 24th 1865 to Wm Paton, and is endorsed by Wm Paton to the Contract & Finance Co.

The next is certificate No. 730 in the same form for 60 shares to Wm Paton, dated June 6th 1866, endorsed by Mr. Payton to the Contract & Finance Co. The next is certificate No. 1368, for 20 shares, dated October 28th 1869, to Wm Paton, endorsed by Wm Paton to the Contract & Finance Co. Also certificate 1369 for 20 shares dated October 28 - 1869, to Wm Paton and endorsed by Mr. Paton to the Contract & Finance Co.

The next is 1370 dated October 28th, 1869 — 20 shares to Wm Paton, endor-sed to the Contract & Finance Co.

The next is 1371 - 20 shares to Wm

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Paton dated October 28th 1869, endorsed to the Contract and Finance Co. Also 1382, 1383, 1384, 1385, 1386, and 1387, all dated February 15th 1870, each for ten shares issued to Wm Paton and all endorsed to the Contract and Finance Co.

Ques — 48 — Please produce the certificate issued to Thomas Payton for 100 shares.

Ans. The witness produces certificates 608 in the same form as all the others dated August 24th 1865, issued to Thomas Payton for 50 shares and endorsed by Thomas Payton to the Contract and Finance Co. That is all the certificate that was issued to Thomas Payton. But it appears by the stock book of the Co. that on May 19th 1870, one hundred share were transferred to him from C. P. Huntington and on the same date transferred by him to C. P. Huntington, and on the same date, transferred by Huntington to Harvey Fisk, and by Harvey Fisk to the[inserted above] Contract & Finance Co., September 29th 1870 —. 2[scribbled out]

Ques. 49 — Now the certificates that you have produced show that 300

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shares stood in the name of Wm Paton — his complaint in this case alleges the ownership of 287 shares; can you say anything about the 13 shares; can you give us any explanation about the 13 shares?

Ans. — Our books show nothing.

Ques — 50 — Your books show nothing excepting that the whole stock was transferred.

Ans. — They show nothing in explanation of the discrepancy.

Ques 51 — Your books show that 300 shares were transferred from Paton to the Contract and Finance Co.?

Ans. — Yes sir; that is the fact.

Ques 52 — Please produce the certificates of the stock that was owned by Wm Agnew's sons 50 shares.

Ans. No certificates of stock were ever issued in the name of Wm Agnew's sons; but there was one certificate of stock issued to R. G. Agnew No. 989 for five shares dated December 4th 1867, which was returned endorsed by A. G. Agnew and transferred

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to the Contract and Finance Co.

Ques. 53 — Well, you did not find any other stock standing in the name of Agnew.?

Ans. I do not; in the book, there is no more than that five shares; that is all.

Ques 54 — In the book that you produce, the certificate 610 mentioned in the receipt annexed to certificate 606 issued to David Stewart. — This certificate 610 is for 50 share issued to E. N. Shelton, August 24th 1865. Do you know whether or not that stock was sent to Wm Agnew's sons?

Ans. — Well, by a memorandum on the margin of certificate No. 610 as also on the margin of 609, certificate in the name of William Paton for 50 shares, and on the margin of 608 in the name of Thomas Paton for 50 shares, and on the margin of 607 in the name of Wm Paton for 50 shares and on the margin of certificate No. 606 in the name of David Stewart for 50 shares — by memorandum on the

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stub, were all sent to A. G. Agnew. San Francisco.

Ques. 55. — This certificate 610. I am inquiring about, was endorsed to the Contract and Finance Co., was it not?

Ans. — It was.

Ques 56 — These endorsements to the Contract and Finance Co. upon all the certificates produced, that were issued to Wm Paton, Thomas Paton, and to A. G. Agnew are all your handwriting?

Ans. — The name "Contract and Finance Co." is filled in, in my handwriting.

Ques. 57 — These certificates of transfers from Mr. Aspinwall to D. O. Mills, in whose handwriting is the body of the endorsement, the name of D. O. Mills & Co.; E. H. Miller Jr.?

Ans. — The certificates numbers 982, 983, 984, 985, and 986, are in the handwriting of E. S. Miller Assistant Secretary of the C. P. R. R. Co. [Central Pacific Railroad Company] of