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Fourth District Court
John R. Robinson vs. The Central Pacific Railroad Company et al.
Monday May 15, 1876
Deposition of Edward H. Miller, Jr.
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In the District Court of the Fourth Judicial District of the State of California, in and for the City and County of San Francisco.
John R Robinson vs. The Central Pacific Railroad Company et al.
Be it remembered That, pursuant to the notice hereunto annexed, and on the 15th day of May A.D. 1876, at the office of Delos Lake, Esquire, in the City and County of San Francisco, State of California, before me, E. V. Joice, a Notary Public in and for said County of San Francisco, duly appointed and commissioned to administer oaths, vc., vc., personally appeared
a witness produced on behalf of the plaintiff in the above — entitled action, now pending in said Court.
Alfred A. Cohen, Esq, and Delos Lake, Esq, appeared as counsel for the said plaintiff, and Hall McAllister, Esq., S. M. Wilson, Esq, and Robert Robinson, Esq., as counsel for the said defendant.
And the said witness, having been by me first duly sworn, testified as follows:
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Examination in Chief By Mr. Cohen
Q. 1 Please state your name, age, residence, and occupation
A. Name, E. H. Miller; age, fifty years; residence, San Francisco; occupation, secre-tary of the Central Pacific Railroad Company.
Q. 2 Were you the secretary of the Central Pacific Railroad Company of California?
A. I was.
Q. 3 At what time did you become such?
A. In 1863 sometime: just what time I do not recollect.
Q. 4 How long did you continue to be such secretary?
A. I think during its whole existence from that time.
Q. 5 At what time was that company in-corporated?
A. I cannot give the exact date.
Q. 6 What year?
A. I cannot state the year, positively
Q. 7 How long did it exist: up to what year?
A. Up to 1870
Q. 8 And then —
A. — Was consolidated with some other companies.
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Q. 9 Was that the consolidation which formed the present company — the Central Pacific Railroad Company?
A. I think there were two consolidations: first a consolidation of one or two companies, and then another consol-idation forming the present company.
Q. 10 The present company — the Central Pacific Railroad Company — was the company formed by those consolidations?
A. Yes sir.
Q. 11 How long have you been secretary of the last-named company?
A. Ever since its earliest existence.
Q. 12 Who was the secretary of the Central Pacific Railroad Company of California from the time of its incorporation until you became secretary?
A. I think there were two secretaries pre-vious to my being elected.
Q. 13 Name them.
A. Mark Hopkins and James Bailey.
Q. 14 You were continuously secretary from 1863 until the consolidation in 1870 which you speak of?
A. Yes.
Q. 15 During that time did you have the custody of the books, records and
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papers of the company?
A. Such custody as secretaries usually have.
Q. 16 Did you have the stock-book of the company?
A. It was in the office.
Q. 17 Was it in your custody, or under your control?
A. Yes: as secretary of the company.
Q. 18 Was it kept by you?
A. Not altogether; sir.
Q. 19 Explain
A. By me and my assistants.
Q. 20 Who were your assistants in keeping it?
A. Various clerks at different times.
Q. 21 Give their names, as far as you recollect.
A. E.S. Miller, — D. A. Bender, I think. I do not recollect particularly any others.
Q. 22 Were those persons under your direc-tion and control?
A. They were.
Q. 23 Where are they now?
A. E. S. Miller is in San Francisco. D. S. Bender is in Carson City, Nevada.
Q. 24 Did you receive the subscriptions that were made to the stock of the company during the time that you were secretary?
A. I think not. There may have been some subscriptions received by me; but
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