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

A. I will.

Q. 143 Will you state the manner in which the settlements were made between the Central Pacific Railroad Company of California and the Contract and Finance Company for the construction of the railroad of the former corporation by the latter, that is whether the settlements were made at stated times or whether they were made for particular stated pieses [pieces] of work "or"[crossed out] and in what manner and on what vouchers the payments were made to the Contract and Finance Company for the work it was assumed to have done?

A. Well I do not think there was any particular time or any particular amount of work that was regularly settled for.

Q. 144 I believe you have heretofore said that settlements were made between yourself on the part of the Central Pacific Railroad Company of California and William E. Brown: the Secretary of the Contract and Finance Company. It is agreed between Counsel that the testimony now taken shall be subject to all legal objections except as to the form of questions.

A. I think not. I have not said that in this examination but my

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impression is that such is the fact although I do not now recollect any settlements in detail with him.

Q. 145 Do you recollect any one who did represent the Contract and Finance Company in making settlements with you as the Secretary of the Central Pacific Railroad Company of California for work done on construction or any other work?

A. I do not recollect distinctly but my impression is that William E. Brown the Secretary of the Contract and Finance Company, did.

Q. 146 Upon what data or vouchers did you make such settlements?

A. That I cannot answer without making an examination.

Q. 147 I am asking now as to your general practice from recollection. Did you take Mr. Browns statement as to the amount that was due to the contract and Finance Company or did you have some written evidence before you of the amount that was due to it at the time that you made such settlements?

A. As I said before I have no recollection of the detail of any settlements but I am very sure that I had some other evidence of the work having been done and performed besides the simple statement or bill rendered by

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Mr. Brown as Secretary.

Q. 148 In what form was that evidence?

"X"[written on left margin] A. That I do not recollect. I could ascertain.

Q. 149 Was it in the form of an engineers certificate?

A. I am not sure whether it was.

Q. 150 Who represented the Central Pacific Railroad Company of California in measuring or estimating the amount of work done by the Contract and Finance Company if anyone?

A. The chief engineer of the Company S. S. Montague.

Q. 151 Did you take any receipts from the Contract and Finance Company or William E. Brown the Secretary at the times you made settlements with him on behalf of the Central Pacific Railroad Company of California?

A. I do not recollect but I have not the remotest doubt but what I did.

Q. 152 I will ask you to look among your vouchers for the years 1867, 1868, and 1869 and produce the vouchers that you have for money, stock and other property paid by the Central Pacific Railroad Company of California to the Contract and Finance Company?

A. It will take some time to produce them and I will do so at the next meeting.

the Western Pacific Railroad Company No. 1. and the Western Pacific Railroad Company No. 2. to the Contract and Finance Company?

A. I will produce them at the next sitting.

Q. 157 I will ask you now what number of shares were subscribed for originally, of the stock of the Central Pacific Railroad Company of California by Leland Stanford, C. P. Huntington, Mark Hopkins and Charles Crocker?

A. Mark Hopkins one hundred and fifty shares. C. P. Huntington one hundred and fifty. Leland Stanford one hundred and fifty and Charles Crocker one hundred and fifty.

Q. 158 I will take first the subscription of Leland Stanford for one hundred and fifty shares and ask you to state how and when that was paid for?

A. It would take some time to make that statement I will make it at the next meeting if you combine the whole of them together.

Q. 159 At the same time furnish like information with respect to the subscriptions of C. P. Huntington, Hopkins and Crocker?

A. I will.

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Q. 160 Will you state the 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 and how the same was paid and also state how in what manner and at what time the stock originally subscribed for by E. B. Crocker which you have heretofore said was ten shares was paid for, and please let your answer include the statement whether such payments were in cash or whether the stock was paid for by any or either of these persons by credit for services rendered to the corporation and in case of credit for services what are the amounts of such credits?

A. I will look it up and answer at the next meeting.

Q. 161 What was the nature of the work done by the Contract and Finance Company in the construction of the road of the Central Pacific Railroad Company of California or that part of it which it did construct. Was it merely furnishing the labor or labor and material and if it furnished any material, did it furnish all the material or what portion?

A. My recollection is that it was the labor for the grading and material

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