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

to Charles Crocker?

A. Seven hunderd and Seventy four shares.

Q. 43 To whom was the stock issued that was used in the purchase or in part payment as you have mentioned of materials?

A. It was issued in the name of C. P. Huntington.

Q. 44 Can you say, how much at that time was issued to C. P. Huntington?

A. C. P. Huntington had paid out 360 shares of stock which had been issued in his name for the purpose of paying out for materials for construction and equipment.

Q. 45 Go on and state what was the consideration to the Central Pacific RailRoad Company of California for the issue of the one hundred and fifty seven thousand eight hundred and ninety eight shares of the twenty million issue up to July 23d [23rd], 1868?

A. My answer to a previous question accounted for fourteen thousand, nine hundred and eighty five shares of stock. The Company paid out the remainder mostly for work done upon its line for material for equipment, and construction and various items of legal, service, real estate &c [etc.]. Those are small items however.

Q. 46 How much of this was paid out for work done upon this line and to whom?

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A. There was one hundred and thirty nine thousand four hundred and twenty five shares of which one hundred and thirty thousand eight hundred and twenty five were paid to Charles Crocker; Eight thousand, six hundred to the contract and finance Company about as near as I can ascertain in the hurry of making these figures. They are approximately correct.

Q. 47 Will you state what was the consideration the Central Pacific RRCo of California [Central Pacific Railroad Company of California] received for the balance of the four hundred and five thousand, seven hundred and one shares which were issued at the time of its consolidation with the Western Pacific Rail Road Company in June 1870?

A. The consideration received for that was the same as previously --- work done, cash and materials purchased.

Q. 48 How much cash was received?

A. Four hundred thousand dollars.

Q. 49 Can you say from whom?

A. Charles Crocker.

Q. 50 How many shares were issued for that four hundred thousand dollars?

A. Four thousand shares at par.

Q. 51 How much was issued for work done on the road and to whom?

A. Two hundred and forty three thousand six hundred and forty one shares of which two hundred and

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twenty eight thousand seven hundred and sixty shares were issued to the contract and finance Company, and fourteen thousand eight hundred and eighty one shares to Charles Crocker.

Q. 52 Were these various issues of stock to Charles Crocker authorized by a vote of the Directors of the Central Pacific R.R.Co. of California [Central Pacific Railroad Company of California]?

A. Yes Sir.

Q. 53 Was E. B. Crocker a Director of the Company at all such times?

A. Well, I think he was, at most of the times. He was elected a Director December 24th 1862. He resigned on June the 1st 1863. Was re-elected January 14th 1864, and then was Director continuously until October 21st 1869.

Q. 54 When did E. B. Crocker first become a stockholder of the Central Pacific Rail Road Company of California and to what extent?

A. He became the owner of ten shares November 20th 1862.

Q. 55 From whom was that stock derived?

A. It was a subscription by him, subscribed by himself.

Q. 56 Was that stock subscribed for or paid for at that time?

"X"[written on margin] A. He subscribed and paid one hundred "thousand"[crossed out] dollars at that time. That was all that was called

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on the stock at that time. He paid the assessments.

Q. 57 Had that stock been issued to him at the time he became a director of the Company or was it standing simply with a ten per cent assessment paid on it?

A. No certificate of stock was issued to him but the first installment receipt of ten per cent was given to him.

Q. 58 I think I forgot to ask you as to what amount of cash was received for the issue of one hundred and fifty seven thousand, eight hundred and ninety eight shares? I dont think you gave me that item.

A. I dont find that the company received any cash for that issue.

Q. 59 What work did Charles Crocker perform in consideration of the issue to him of the various blocks of stock you have mentioned?

A. He graded a portion of the road and built bridges and culverts &c [etc].

Q. 60 Did he furnish the material?

A. In some cases, but not in all. In his first contracts, he was simply to do grading; but I believe in some of the later work he furnished material also.

Q. 61 When you speak of material what do you mean?

A. Lumber for building bridges and culverts and I believe the iron and

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ties for some portion of the road.

Q. 62 Do you know from memory what portion of the road, he furnished the iron and ties for?

A. I do not recollect and I am not positive that he did for any.

Q. 63 Was the work done by Charles Crocker under contract made with the Central Pacific R.R.Co of California [Central Pacific Railroad Company of California]?

A. Part of it.

Q. 64 What part of it.

A. The part of the work that he did between Sacramento and Colfax was done under contracts.

Q. 65 And how was the other done?

A. I will have to refresh my memory about that.

Q. 66 Well explain what you mean by part being done under contract and part not.

A. Well that part that I have mentioned, he had written contracts with the Company to do. The other part, I think he had no written contract but went in under a verbal agreement that the company should pay him so much for the work he did.

Q. 67 Have you the written contracts you spoke of in your possession.

A. I dont know without looking.

Q. 68 Please look at your records and see if you have them and produce them at the next sitting.