Edward H. Miller Jr. Deposition

Twelfth District Court

The Central Pacific Railroad Company — vs. — A. A. Cohen

San Francisco May 1. 1876

Deposition of Edward H. Miller, Jr.

In the District Court of the Twelfth Judicial District of the State of California, in and for the City and County of San Francisco.

The Central Pacific Railroad Company — vs — Alfred A. Cohen

Be it remembered that pursuant to the order hereunto annexed, and on the 1st day of May, A.D. 1876, at the office of McAllisters & [Bengier], 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

Edward H. Miller, Jr.,

a witness on behalf of the defendant in the above entitled action, now pending in said Court, who, being first by me duly sworn, was then and there examined, and interrogated by Alfred A. Cohen, Esquire, of counsel for the said defendant, and by Hall McAllister, Esquire, of counsel for said plaintiff, and testified as follows:

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Examination in Chief By Mr. Cohen

Question 1 State your name, age, residence and occupation.

A. Name, E. H. Miller, Jr; age, fifty years, resi-dence; San Francisco; occupation, secretary of the Central Pacific Railroad Company.

Q. 2 That is the corporation plaintiff?

A. Yes sir.

Q. 3 How long have you been such secretary?

A. Thirteen years: about that.

Q. 4 Have you been secretary of any other railroad corporation?

A. Several of them.

Q. 5 Please state their names.

A. Sacramento Valley Railroad, Stockton and Copperopolis, Stockton and Visalia, Northern Railway Company, San Pablo and Tulare, The Western Pacific Railroad Company and, I believe, one or two others.

Q. 6 You are the person who verifies the complaint in this action?

A. I believe so.

Q. 7 You know whether you are or not, don't you?

A. Yes, I am.

Q. 8 You verified the amended complaint, also?

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A. Yes.

Q. 9 State what you know of the purchase by the plaintiff of a certain parcel of land mentioned in the complaint, known as Block 9.

A. I know nothing of it, except the fact that it was purchased.

Q. 10 How do you know it was purchased?

A. By its having been paid for by the Central Pacific Railroad Company, and, I presume, by having seen the deed; but I do not recollect distinctly.

Q. 11 How much did the Central Pacific Railroad Company pay for that property?

A. $250000, I think.

Q. 12 To whom did they pay it?

A. I cannot state positively. I think, however, it was paid through the bank.

Q. 13 Which bank?

A. The Bank of California, I think: — Perhaps deposited there for the account of Mr. Tichenor. It seems to me that is the way the payment was made, but I may be mistaken about that.

Q. 14 Mr. Robinson: You do not make payments, do you?

A. No sir.

Q. 15 Mr. Cohen: You say you know it

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were purchased: How do you know it?

A. Because the payments as made by the treasurer, through the treasurer's department of the Company, of course came into my office to be entered up; and it was entered up as paid for.

Q16 Do you know who made that purchase?

A. I do not.

Q 17. You have no knowledge whatever on the subject?

A. None whatever.

Q. 18 Did you not aver in your complaint the facts concerning that purchase?

A. I do not remember just what the averments of the complaint are.

Q. 19 Did you ever read the complaint?

A. I did.

Q. 20 You state in the complaint that the property mentioned was purchased by the defendant: What do you know concerning that?

A. I was informed so at the time that I read the complaint: I was informed that that was the fact.

Q. 21 Who informed you?

A. I think both Judge Sanderson and Judge Robinson.

Q. 22 That was all the knowledge you had on the subject at the time you made

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