Miller - County of San Joaquin vs. Central Pacific R.R.

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In the Superior Court of the City and County of San Francisco Department No. 7.

The County of San Joaquin vs The Central Pacific Railroad Company et. al

Monday December 6th 1880

Continuation of the Deposition of Edward H. Miller Jr., a witness sworn and ex=amined on the part of the Plaintiff pursuant to adjournment. ---

Before E. V. Joice Esq., Notary Public

Present A. A. Cohen Esq., Attorney for Plaintiff and S. W. Sanderson Esq., Attorney for Defendants.

Mr. Cohen [underlined] --- Q 212 --- Now, will you turn to the page in Ledger 2. of the Central Pacific Rail road Company of California, which you have produced and exhibit the account kept with the Contract and Finance Company, known as the Contract and Finance Company Construction account?

Mr. Sanderson [underlined] --- We object to any investigation into the construction of the Central Pacific Railroad Company, on the ground that the "defendant"[crossed out] plaintiff in this suit, if he has any interest at all, is interested only, in relation to the Western Pacific and as Counsel for Mr. Miller and others, defendants in this suit, I instruct him to

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decline to answer any question in relation to the construction of the Central Pacific Railroad.

A --- By the advice of Counsel, I decline to do so.

Mr. Cohen [underlined] --- [Q] 213 --- Have you the information asked for and which you promised to produce at this meeting.

A --- I have it partially but not all of it. I have not had time to get it all.

Q 214 --- What part have you?

Mr. Sanderson [underlined] --- Let the question be asked in a more specific form.

Mr. Cohen [underlined] --- [Q] 215 --- You were asked at the last meeting to look among your vouchers for the years '67, '68 and '69 and produce the vouchers that you have for money, stock and other property paid by the Central Pacific Rail-road Company of California to the Contract and Finance Company. Have you those vouchers?

Mr. Sanderson [underlined] --- I interpose to that question the same objection that I interposed a moment ago and I advise Mr. Miller not to answer the question.

A --- I decline to answer by advice of Counsel.

Mr. Cohen [underlined] --- [Q] 216 --- You were also asked to examine the records in your possession and produce all the vouchers for money, receipts or other property paid to the San Francisco Bay Railroad Company, the Western Pacific Rail road Company Number one and the Western

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Pacific Railroad Company Number Two., to the Contract and Finance Company and to likewise produce them at the next sitting --- Have you those vouchers and receipts?

Mr. Sanderson [underlined] --- I object to the testimony sought to be elicited by the question, so far as it relates to matters which transpired prior to the consolidation of the Western Pacific Number One with the San Francisco Bay Railroad Company and advise you not to answer the question.

A --- I decline to answer under advice of Counsel.

Q 217 --- You were asked at the last meeting to state what number of shares were subscribed for originally, of the Central Pacific Railroad Company by Leland Stanford, C. P. Huntington, Mark Hopkins and Charles Crocker, and you were asked to state how and when payments were made by these persons for the stock so subscribed by them. You replied "it will take some time to make the statement", but you would make it, at the next meeting. Have you that information?

Mr. Sanderson [underlined] --- I interpose the same objection and give the witness the same advice.

A --- I decline to answer under advice of Counsel.

Q 218 --- You were also asked to state the

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amount of stock in the Central Pacific Railroad Company of California which was, after the original subscription subscribed for at any time, by Leland Stanford, C. P. Huntington, Mark Hopkins Charles Crocker and E. B. Crocker, how the same was paid for, also how and in what manner and at what time the stock originally subscribed for by E. B. Crocker was paid for and whether such payments were in cash or whether the stock was paid for by any or either of these persons by credit for services, claimed to be rendered to the corporation and in case of credit for services, what the amounts of such credits were, to which you replied "I will look it up and answer at the next meeting" Have you that information?

Mr. Sanderson [underlined] --- I make the same objection and give the same advice.

A --- I decline to answer under advice of Counsel.

Mr. Cohen [underlined] [Q] 219 --- Please look at the paper shown you and say what it is.

Mr. Sanderson [underlined]. I object to the testimony upon the same ground as heretofore and advise Mr. Miller not to answer. This as I understand relates entirely to the Central Pacific Railroad Company of California?

A --- Yes.

[caret bracket]The paper is marked "Exhibit A" --- HAJ. Dec.

6th 1880 [closing angle bracket]

Mr. Cohen [underlined] --- Q 220 --- Mr. Miller, you are one of the defendants in this action, are you not?

A --- I think so.

Q 221 --- In the answer made by you in this case at page 9, commencing at line 1, it is said "They deny that by reason "of said contracts, said defendants, Stanford, "C. P. Huntington, Hopkins, and E. B. Crocker "received from the said C. P. of C. [Central Pacific of California] or ap"=propriated to their own use, or voted to "themselves, under the pretense of being "Directors of said C. P of C., or otherwise "large sums of money, or any money, "bonds or any bonds, or assetts or any "assetts of said C. P. of C. of the value of $7,000,000. "or any other sum, over and above the "actual cost and reasonable profits of the "work done and materials, furniture and "equipments furnished and supplied in "the name of and under the direction "of the said C. Crocker and Co. or at all"

Will you state what was the actual cost of the work in that paragraph mentioned --- and what were the profits which you describe as reasonable profits of the work done, and materials furniture and equipments furnished.

Mr. Sanderson [underlined]. I make the same objection and give the same advice.

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