Edward H. Miller Jr. Deposition 2

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Deposition of Edward H. Miller Jr. dated May 15, 1876. Miller was the Secretary for the Central Pacific Railroad Company.

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=ing all that time, with this frequent present= =ation of accounts, you compared there with a written contract, or whether you relied on your memory of the contract made between the parties?

A. I do not remember comparing them with a written contract.

Q. 126 Who, on the part of the Contract and Finance Company, presented to you those accounts?

A. The secretary of the company.

Q. 127 Have you mentioned his name here= =tofore?

A. William E. Brown, and afterwards John Miller.

Q. 128 Did those accounts so presented to you cover all the transactions had between the Central Pacific Railroad Company of California and the Contract and Finance Company?

A. All the transactions that I know any= =thing about.

Q. 129 And also all the transactions between the last=named company and the Central Pacific Railroad Company?

A. Yes.

Q. 130 Did those accounts show how much was paid for the construction of the road?

A. How much was paid to the Contract

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and Finance Company?

Q. 131 Yes sir.

A. Yes,

Q. 132 Can you state how much was paid?

A. I cannot.

Q. 133 How did you make payments to the Contract and Finance Company?

A. By cash and checks; and, if there was any stock due them on the contract, by giving them the stock.

Q. 134 On whom were those checks drawn?

A. On any bank where the Central Pacific Railroad Company had money. Payments were not always made by checks and cash, but sometimes by stock, if there was any stock due. We consider checks and cash as one thing.

Q. 135 Will you name the banks on which the checks were drawn?

A. The Bank of D. O. Mills & Company at Sac= =ramento, Bank of California at San Fran= =cisco, and possibly others; but I do not know.

Q. 136 Did you draw the checks?

A. Not usually. I may have drawn some.

Q. 137 Who besides you drew the checks on behalf of your comany?

A. The treasurer and assistant trasurer.

Q. 138 Who was the treasurer at the time

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you speak of?

A. Mark Hopkins.

Q. 139 And who was the assistant treasurer?

A. I think Charles Scudder, and after =wards E. M. Hopkins.

Q. 140 Were those checks generally for large amounts?

A. I cannot say. Usually for whatever balance was due them — if we had it.

Q. 141 "How"[scribbled out] Who made the payments which were made in cash?

A. The treasurer or assistant treasurer.

Q. 142 By your direction?

A. No.

Q. 143 Were any moneys paid out to the Con= =tract and Finance Company by your com= -pany excepting upon vouchers issued by you?

A. There was non of it paid on vouchers issued by me.

Q. 144 Were any payments made by your company to the Contract and Finance Com= =pany excepting on account or vouchers fur= =nished by the Contract and Finance Company?

A. There we not: not to my knowledge

Q. 145 How did you ascertain the relative pro= =portions of money or stock that was due to the Contract and Finance Company at the times when they made demands upon

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you for payment?

A. Well by knowing the terms of the contract, which were at that time [caret]"of course", fresh in my mind. It was easy then to ascertain how much was cash and how much was payable in stock

Q. 146 At what rate did they take your stock?

A. That I do not remember.

Q. 147 At what rate did you issue your stock to the other parties whom you have men= =tioned as taking it in payments for work?

A. I do not remember.

Q. 148 Did you have written contracts with any of the parties who did work for your cor= =poration?

A. Yes.

Q. 149 Are those contracts still in existence?

A. I suppose so.

Q. 150 Are they in your custody as secretary?

A. I think so. They were at that time, and I have been secretary continuously since. I presume Share then now. I can= =not state positively. Papers frequently go out of the office, or get lost.

Q. 157 How much stock of the Railroad Company, in all, did you issue to the Contract and Finance Company?

A. I do not remember.

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Q. 152 Can you approximate?

A. No: I cannot even state approximately.

Q. 153 Assuming that, at the time of your dealings with the Contract and Finance Company, the stock of the Central Pacific Railroad Company had been increased to $100,000,000: how many shares would that make?

A. One million shares.

Q. 154 Can you recollect how many of those shares you issued to the Contract and Finance Company?

A. No; I do not.

Q. 155 Did you issue as much as half of the whoe number of shares to them?

A. I think not.

Q. 156 How much less than half do you think it was?

A. I cannot state. Very much less than half in all I can state.

Q. 157 Was it one hundred thousand shares less than one half?

A. Yes. I think a great deal more than that.

Q. 158 How much more?

A. I cannot approximate the amount at all; but it was a great deal less than one half of the total.

Q. 159 Was it as much as a quarter of the

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