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

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Deposition of Edward H. Miller, Jr., in the lawsuit County of San Joaquin vs. Central Pacific Railroad Company. Miller was the Secretary for the Central Pacific Railroad Company.

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Q. 185 Page 82 of the same book under date of August 12th $70,687.50?

A. That is the same think [thing] charged to Contract and Finance Company on construction account, to cash paid to them by Mark Hopkins Treasurer.

Q. 186 Page 93 August 28th $451,711.38. That is I understand for iron and material. State briefly how many tons of iron and at what price?

A. It is 3,542 tons "of"[crossed out] iron at $75--233,600 pounds of spikes at 4 1/2 cents. 256,598 pounds of splice joints at 6 cents. For 120 flat cars at $600. For 8 locomotives at $11,000--- each and 3,400 arms of Pacific telegraph made at car shop:

Q. 187 That constitutes the $451,711.38?

A. Yes sir.

Q. 188 "Well now"[crossed out] on the same page and under the same date there is also a charge of $86,918.03?

A. That is a transfer to the Contract and Finance Company construction account of an amount charged to the Contract and Finance Companies general account on these same books, simply a transfer.

Q. 189 On the same day and on the same page there is a charge of $3,047.06.

A. That is a charge to the Contract and Finance Company for

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California and Oregon Railroad Company for the railroad, rails and spikes account.

Q. 190 Now at page 83 of the same book August, 29th there is an item of $1,107,636.03?

A. That is for cash paid to them by the Treasurer of the company.

Q. 191 Does it state the consideration?

A. Paid to them on construction account.

Q. 192 On page 96 under date of August 31st there is an item of $1,024.50.

A. Well that is a charge Yuba Railroad Company for teams Casey's pay-roll for April voucher 598.

Q. 193 What is the amount?

A. $1,024.50.

Q. 194 On the same date and page there is $5,250---.

A. Yuba Railroad Company bonds bought, $7500--- currency at 70 cents $5,250---.

Q. 195 On the same date page 97 --- $29,808.25.

A. The Contract and Finance Company are charged to Bills Receivable for 3,325 bars R.R. [railroad] iron bought at sale by Sheriff of Sacramento County on a judgement against the Yuba Railroad Company. Note C. L. Wilson $78,586.65 [Sale the 28 Feby [February] 68]

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Q. 196 Please turn to page 84 of the book under date of August 11th 1868. Credit Contract and Finance Company construction account $6,622,000---.

A. For 77 miles railroad and telegraph line completed (accepted by Commissioners) under contract of December, 3/67.

Q. 197 Turn to page 92 under date of August, 28th 1868.? There is a credit of $3,440,000--- to the same account. Please explain it?

A. Well it reads for 40 miles railroad and telegraph line completed from the 215 to the 225 mile (accepted by the U. S. Commissioners) under Contract of December 3d [3rd] 1867.

Q. 198 Have you in your posession the contracts mentioned in the last two entries dated December, 3d [3rd] 1867.

A. I have not.

Q. 199 What has become of them?

A. I dont know.

Q. 200 Did you ever see them?

A. I have no doubt I did but I do not recollect.

Q. 201 Was the contract mentioned in the book before you, of December 3d [3rd] 1867 a contract made between the Central Pacific Railroad Company of California and the Contract and Finance Company?

A. It must have been.

Q. 202 Would not such contracts in

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the ordinary course of your business be in your possession as the Secretary of the Central Pacific Railroad Company of California?

A. Well they would ordinarily with the exception that there are a very great many papers that ought to be in my possession that have become scattered in one way and another during the last 12 years.

Q. 203 Do you say positively that you do not know what became of those contracts?

A. I state positively that I do not know what became of this contract.

Q. 204 Of December 3d [3rd] 1867?

A. Yes sir.

Q. 205 Do you know of that contract at any time being in the possession of any body connected with the Central Pacific Railroad Company of California but yourself?

A. I do not.

Q. 206 How do you account for its going out of your possession?

A. Well it is impossible to account for it but a great many papers are called for by the various "advisors"[crossed out] officers and legal advisors of the company or have been called for in

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times past and of course were delivered to them.

Q. 207 What commissioners are referred to in your entry on page 84 as accepting the 77 miles of road?

A. The United States Commissioners.

Q. 208 Have you made diligent and careful search among your papers and records to see if you could find the contract of December 3d [3rd] 1867?

A. I have.

Q. 209 And you did not find it?

A. I do not find it.

Q. 210 And you cannot give any account of its whereabouts?

A. I cannot.

Q. 211 Will you produce Ledger 2 to which the balance of the account of the Contract and Finance Companies construction account was transferred on September 1st 1868. [The book is produced]

Here an adjournment was had until Monday Morning at 10 o'clock.

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