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cash, $3,225,000." — So far as I have read, in whose handwriting is that?
A. It is the handwriting of W. E. Brown, secretary of the Contract and Finance Company at that time.
Q. 720 [Reads:] "September 25, 1868. Cash paid per bill rendered, $845,068.55 Cash paid, warrant on Treas., 2,379,931.45 ______________ $3,225,000.00 Stock certs. issued to Cont & Finance Co., 3,225,000.00 _____________ total $6,450,000.00"
In whose handwriting is the latter part of that?
A. From "September 25, 1868," it is in my handwriting.
Q. 721 The voucher annexed to that bill reads: "Central Pacific Railroad Company To Con= =tract and Finance Co., Dr. 1868. For balance cash portion of contract for building R. R. and Tel. line from 225th to 330th mile, 75 miles, at $43,000, $3,225,000. Less bill of C.P.R.R., 845,068.55 ______________ balance $2,379,931.45
Sacramento, September 25, 1868. Received from Central Pacific Railroad Company $2,379,931 45/100 in full for above account. W. E. Brown, Sec. C. & F. Co." — Revenue stamp.
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I notice that that voucher which I have just read is not certified or allowed, like the preceding voucher which I have asked about: Will you state why?
A. I do not know.
Q. 722 What constituted the bill of $845,068.55 mentioned in that voucher?
A. I do not recollect.
Q. 723 Have you that bill?
A. I do not "know"[scribbled out] [caret]"think" that I have.
Q. 724 Is the voucher that I have last read in you handwriting?
A. All but the signature to the receipt.
Q. 725 Will the books of the Central Pacific Railroad Company of California show the items composing that amount of $845,068.55?
A. Undoubtedly they will.
Q. 726 Will you please refer to such books, and state what composes that amount?
A. If counsel say I shall do it I will.
Mr. Bergin: You need not do that, Mr. Miller.
The Witness: Under advice of counsel I decline to do it.
Q. 727 Mr. Cohen: Who drew the warrant on the treasurer, spoken of here, for $2,379,931.45?
A. To the best of my recollection all the warrants drawn were signed by both
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the president and secretary of the company: Leland Stanford as president and myself as secretary. But of that I am not quite positive.
Q. 728 What do you recollect concerning this warrant, if anything?
A. Nothing.
Q. 730 Was that warrant paid by the treasurer?
A. I do not recollect anything concerning that warrant; but it doubtless was.
Q. 731 Were warrants drawn by you on the treasurer returned to you, or to your office?
A. I think not: to the best of my recol= =lection they were not. It was so long ago that we issued warrants that I do not remember.
Q. 732 Do you undertake to say that all warrants for money drawn upon the treas= =urer were signed both by the president and the secretary of the Central Pacific Railroad Company of California?
A. To the best of my recollection now, they were; but I am not positive.
Q. 733 Will you state how you arrived at the amount that was due upon this voucher at the time you drew such warrant, or at any time?
A. I do not recollect anything about it, further than what appears upon the
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face of the voucher
Q. 734 Can you determine by reference to the books of account of the Central Pacific Railroad Company of California whether or not this voucher is correct, and whether or not at that date there was any such sum of money, or any sum, due to the Contract and Finance Company?
A. I can.
Q. 735 Will you do so?
A. Under advice of counsel I decline.
Q. 736 Please look at that portion of the bill of the Contract and Finance Company an= nexed to voucher number 1216, which is in your handwriting, and say how much stock purports to have been issued to the Contract and Finance Company?
A. $3,225,000.
Q. 737 What stock was that?
A. Stock of the Central Pacific Railroad Company of California.
Q. 738 At what rate was it issued?
A. That I do not remember.
Q. 739 At what rate is it charged there?
A. Allow me to state that this portion of the bill, is read by Mr. Cohen, from Sept= =ember 28, 1868 — which is in my handwriting as heretofore shown by my answers — is no
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part of the bill, but [caret]"simply" a memorandum made by me at that date.
Q. 740 State what the memorandum means.
A. It means precisely what it shows upon its face.
Q. 741 Your memorandum — "Stock issued to the Contract and Finance Company, $3,225,000" — means how many shares of stock?
A. That I do not remember anything about.
Q. 742 Does that other memorandum of "stock $3,225,000" — in the handwriting, as you have heretofore testified, of William E. Brown mean the same stock as that mentioned in your memorandum?
A. It doubtless does; but I do not remember.
Q. 743 Was that stock issued at the date of this bill and voucher?
A. That I do not remember.
Q. 744 Has it ever been issued?
A. Yes.
Q. 745 When?
A. That I do not remember.
Q. 746 To whom?
A. To the Contract and Finance Company
Q. 747 Was it all issued at one time, or at various times?
A. I do not know. I do not remember.
Q. 748 Does it now stand in the name of the
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