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A. I do not remember.
Q. 89 Are the letters produced by you here, dated, respectively, San Francisco, December 15th, 1870, and December 29th, 1870, and which are annexed to the voucher which you produced, and which has been given in evidence as Exhibit "A", letters which were received by you from the defendant in this case?
A. Yes.
Q. 90 When were those letter so received by you?
A. I do not remember; but I suppose in due course of mail, — two or three days after their dates.
Q. 91 In the letter of the 15th of December I find a statement: "I will settle with Gov= =ernor Stanford the amount due to me by the Western Pacific and Central Pacific Railroad Companies, and will then forward my account," &c. Do you know the nature of those services spoken of?
A. I do not.
Q. 92 Do you undertake to say that those "services were rendered in pursuance of any general contract of employment be= =tween the Central Pacific or Western Pacific Railroad Companies, or both, with
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the defendant?
A. I know nothing about it.
Q. 93 I will ask you whether that account expressed in the voucher Exhibit "A" did not go to cover a charge standing against the defendant upon the books of the San Francisco and Oakland Railroad Company when they came into your possession, as secretary of the Central Pacific Railroad Company, by reason of the consolidation of the two companies?
A. I think not; but I am not positive. It is possible
Q. 94 Will you state what were the items of the account that offset the amount of this voucher, Exhibit "A"?
A. I cannot remember
Q. 95 Are they expressed upon the books of the Central Pacific Railroad Company?
A. They are, of course.
Q. 96 Will you produce those books, or fur= =nish those items — a copy of the entries?
A. Yes sir.
Q. 97 Do you undertake to say, then, that "no part of that amount was made up by a claim of the San Francisco and Oakland Railroad Company —
A: [Interrupting:] I did not say any
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such thing: I do not undertake to say any such thing. I said I do not think they are: I do not remember that they are. My impression is that they were not made up from any items from the San Francisco and Oakland Railroad Company. That is an impression only. Possibly they may have been. [in margin: a/c to be finished.]
Q. 98 When can you furnish that account?
A. This afternoon.
Q. 99 I see you endorsement upon that voucher — Exhibit "A" — is: "Chargeable to Expense Account and credit A. A. Cohen." Did you pay any money out to the defend= =ant on that voucher?
A. I think not.
Q. 100 When was this voucher countersigned by Leland Stanford?
A. Certainly before December 30th, 1870.
Q. 101 Did you make any reply to these two letters annexed to this voucher?
A. I do not recollect.
Q. 102 Have you any evidence of any pay-ment made to the defendant for services performed by him during the years 1869 and 1870 other than this voucher?
A. Yes sir.
Q. 103 Will you produce them?
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A. Yes sir. I can state what it will be: It will be for salary for the next three months from October 1st, 1870, to January 1st, 1871: that is all it will be.
Q. 104 I meant to ask — during the years 1869 and 1870, and prior to the date of this voucher — Exhibit "A."
A. I do not know of any.
Q. 105 Did you give to the defendant any voucher, for and on behalf of the Central Pacific Railroad Company, at the time he receipted this voucher — Exhibit "A" — to you?
A. I presume so: I do not remember. I presume I sent a statement of his ac= =count receipted.
Q. 106 This is all the evidence or voucher which you have going to show any ser= =vice rendered by the defendant to the Western Pacific and Central Pacific Railroad Companies, or either of them, prior to the first day of October, 1870?
A. Yes sir.
[Here a recess is taken until half past one o'clock p.m.]
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Afternoon Session.
Q. 107 Mr. Cohen: Where was the office of the Central Pacific Railroad Company during the years to which we have been referring: 1868, 1869 and 1870?
A. In Sacramento.
Q. 108 Up to what time did the offices of that Company remain in Sacramento?
A. Until October, 1873.
Q. 109 Do you know anything respecting any contract made between the plaintiff, or the cor= =poration of which it is claimed to be the successor, and the defendant, for the rendering of any service?
A. I do not.
Q. 110 Do you know, of your own knowledge, whether the plaintiff or the Western Pacific Rail= =road Company did or did not employ the defendant to purchase the property spoken of in the complaint as block 9?
A. I do not
Q. 111 Do you know whether or not the defend= =ant ever did purchase that property at the request of the plaintiff or of the Wester Pacific Railroad Company?
A. I do not.
Q. 112 I understood you to say that you
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