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

[top left corner:] 1

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

The County of San Joaquin vs The Central Pac. R.R. Co. [Central Pacific Railroad Company] et. al.

Thursday December 2nd 1880.

Continuation of the deposition E.H. Miller Jr., a witness sworn and examined 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.

Testimony of E. H. Miller.

Resumed.

Mr. Cohen Q. 127 You were asked at the last hearing to produce written contracts if such were in your possession between the Central Pacific Railroad Company of California and Charles Crocker and the Central Pacific Railroad Company of California and the Contract and Finance Company. Do you produce them?

A. I have looked for them and cannot find them or do not find them.

Q. 128 You were also asked to examine and inform us of the amount of stock of the Central Pacific Railroad Company of California which was transfered [transferred] from the Contract and

[bottom left margin:] 26

Finance Company to Leland Stanford, Charles Crocker, Mark Hopkins, E. B. Crocker and C. P. Huntington; have you that information?

A. The whole of the Twenty two million eight hundred and seventy six thousand dollars of stock of the Central Pacific Railroad Company of California standing in the name of the Contract and Finance Company was transferred as nearly as I can ascertain from an examination of the books in equal portions to the parties you have mentioned in your question.

Q. 129 I will ask you what became of the increased Capital stock of the Western Pacific Railroad Company No. 2 after the consolidation of the Western Pacific Railroad Co. No. 1. with the San Francisco Bay Railroad Company?

A. Two million three hundred and ninety five thousand dollars of it was issued to the Contract and Finance Company and One hundred and five thousand dollars to other stock holders of the San--Francisco Bay Railroad Company.

Q. 130 Can you state who the stock holders of the San Francisco Bay Railroad Company were, to whom this one thousand and fifty shares were

issued. Just state as near as you can recollect it?

A. There was Leland Stanford, C. P. Huntington, Charles Crocker, E. B. Crocker, E. H. Miller, B. B. Redding, Jerome Madden, Charles W. Sanger, and two or three others whose names I forget.

"X"[written in margin] Q. 131 The bulk of it was held by Stanford, C. P. Huntington, Hopkins and Charles and E. B. Crocker.

A. Yes sir.

Q. 132 For what consideration was the twenty three thousand nine hundred and fifty shares of the increased Capital stock of the Western Pacific No. 2 issued to the Contract and Finance Company?

A. In consideration of the same a amount of stock held by them in the San Francisco Bay Railroad Company according to the articles of association which I believe were issued share for share.

Q. 133 What was the consideration received by the San Francisco Bay Railroad Company for the issue of this twenty three thousand nine hundred and fifty shares of stock to the Contract and Finance Company.

A. The construction of their road by the Contract and Finance Company.

[bottom left margin:] 28

Q. 134 To whom did this twenty three thousand nine hundred and fifty shares of stock pass from the Contract and Finance Company?

A. To Leland Stanford, Charles Crocker, E. B. Crocker, Mark Hopkins and C. P. Huntington.

Q. 135 In as near as you recollect about equal proportions?

A. Yes sir as near as can be told in equal proportions.

Q. 136 Will you state who at the time of the consolidation between the San Francisco Bay Railroad Company and the Western Pacific Railroad Company was the President of the Contract and Finance Company.

A. Charles Crocker was President.

Q. 137 Was the Charles Crocker whom you have mentioned as being President of the Contract and Finance Company, the same person spoken of as contractor of the Central Pacific Railroad Company of California and as being at one time a director of that Company and at another time its General Superentendant [Superintendent]?

A. He was the same person who was at one time a Director and also at another time a contractor of the Central Pacific Railroad Company and was also General Superentendant [Superintendent]

[top left corner:] "B"

of the Central Pacific Railroad Company of California.

Q. 138 How much of the road of the San Francisco Bay Railroad Company did the Contract and Finance Company construct, to your recollection?

A. Well I do not recollect.

Q. 139 Was the contract for the construction of the road of the San Francisco Bay Railroad Company with the Contract and Finance Company in writing?

A. I think not.

Q. 140 Was it a mere verbal agreement.

A. As near as I can recollect it was.

Q. 141 At the time of the construction of the San Francisco Bay Railroad Company who were the Directors of that Company?

A. Leland Stanford, Mark Hopkins, Charles Crocker, E. B. Crocker and E. H. Miller Jr..

Q. 142 Will you examine the records in your possession of the San Francisco Bay Railroad Company between now and the next meeting and ascertain whether you have a written "and"[crossed out] contract between the San Francisco Bay Railroad Company and the Contract and Finance Company for the construction of the road of the San Francisco Bay Railroad Company?

[bottom left margin:] 30