ENPages
AlfredACohen036
to San Francisco, in 1873, you came down here?
A. I did
Q. 185 Since then you office has been here?
A. Yes sir.
Q. 186 During all these transactions that you have been speaking of Mr. Cohen, the defendant, resided in San Francisco, did he not, — or in Oakland?
A. Yes sir. His business office was in San Francisco, as I understand it.
[Here an adjournment is taken until Wednesday, 10th iustaut, at ten o'clock, a.m]
35
AlfredACohen037
Wednesday May 10, 1876.
[Examinations resumed; pursuant to adjournment.]
Recalled by Mr. Cohen.
Q. 187 Did you, in the month of July, 1870, make an affidavit in the case then pend= =ing in the District Court of the Sixth Judicial District of the State of California, in which The California Pacific Railroad Company was plaintiff and the Central Pacific Railroad Company of California defendant?
A. I do not remember.
Q. 188 You have no recollection of it?
A. No recollection of it.
Q. 189 Could you recollect it f the facts contained in the affidavit were called to your attention?
A. Possibly: I cannot say.
Q. 190 Did you not, at the time mentioned, and in that case, make an affidavit that the defendant in this action was not then and had not been connected with the corporation defendant therein, either as stockholder, agent or employe [employee]?
36
AlfredACohen038
Obj'n. Mr. McAllister: On the part of the plaintiff we object to the witness' being in= =quired of as to the contents of a written paper, which written paper is not produced.
Mr. Cohen: I am not inquiring as to the contents: I am merely stating the con= =tents to recall to his recollection as to whether or not he made an affidavit.
Mr. McAllister: I think that amounts to the same thing, and advise the witness not to answer the questions until the alleged affidavit is produced, or its absence accounted for, its existence first being proved.
A. Under the advice of counsel. I decline to answer, as to the contents of any paper.
Q. 191 Mr. Cohen: I am not asking you as to the contents of the paper: I am asking whether or not you made such an affidavit.
Objn. Mr. McAllister: Counsel for plaintiff makes the same objection, that the question substantially amounts to a question calling for the contents of the alleged affidavit; and therefore again advises the witness not to answer, as to the contents of that affidavit.
A. Under the the advice of counsel. I decline to answer.
37
AlfredACohen039
(Copy) Exhibit "A" to dep. [deposition] of E. H. Miller, in the case of The Central Pacific Railroad Co. vs. A. A. Cohen.
San Francisco October 1st, 1870
Central Pacific R.R. Co.
To A. A. Cohen Dr
For services rendered and disburse= ments made in business of The Western Pacific R.R. Co. to date
$15,721.54
Received payment in account
Approved Leland Stanford