Crocker - County of San Joaquin vs. Central Pacific RR

at the time.

Q 99 Have you those memoranda?

A Not with me.

Q 100 Are they in existence?

A I don't know.

Q 101 Do you know whether you can produce them or not?

A Let me see the portion of the answer that you refer to.

Q 102 I will read you the portion of the answer that I refer to. I read from time one of page 9. "They deny that by "reason of said contracts, said defendants. "Stanford, C. P. Huntington, Hopkins and E. B. "Crocker received from said C. P. of C. "or appropriated to their own use or "voted to their own use, or voted to "themselves under the pretence[pretense] of being "directors of said C. P. of C. or otherwise, "large sums of money or any money "bonds or any bonds or assetts[assets] or any "assetts[assets] of said C. P. of C. of the value of "$7,000,000.00 or any other sum over and "above the actual cost and reasonable "profits of the work done, and the "materials, furniture and equipments "furnished and supplied in the "name of and under the direction of "said C. Crocker and Company or at all" I ask whether that portion of your answer is founded upon your memory or upon the books or written memorandum kept by you or in your possession.

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Mr. Sanderson[underlined] We want to take our objection to this. We object to the question upon the ground that it is irrelevant and immaterial and has no application whatever to the issues in the case. It is immaterial because it can make no difference as to the sources from which he obtained his information; whether from his memory or memoranda or from inquiring from other persons. We advise the witness not the answer the question.

Mr. Cohen[underlined] — 103 Well you answer the question Mr. Crocker?

A My Counsel advises me not to answer it.

Q104 When did you become a stockholder of the Central Pacific Railroad Company?

A At its first organization.

Q105 To what extent?

A I think my first subscription.

Mr. Sanderson[underlined] Never mind; we advise you not to answer that question. I make this objection upon the same grounds as I objected to any investi= =gation into the organization and contruc=tion of the Central Pacific Railroad Company of California, upon the ground that the plaintiff in this suit has no interest in those questions. What ever interest it had or has is confined to the organization and construction of the Western Pacific Railroad Company by the Company[crossed out] Western Pacific Railroad Company.

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Mr. Cohen[underlined] 106 Were you a member of the firm of Charles Crocker and Company, named in the pleadings in this case?

A Yes.

Q 107 When was that firm formed?

A In 1861. I think.

Q 108 What was its business?

A Contracting.

Q 109 Who composed that firm besides yourself?

A No one It this relevant Judge?

Mr. Sanderson[underlined] Well, it is immaterial so far.

Mr. Cohen[underlined] 110 Did you enter into any con=tract or contracts with the Central Pacific Railroad Company of California, either in your own name or in the name of Charles Crocker & Co for the building or and[crossed out] construction of any portion of the Rail road of the Central Pacific Railroad Company of California?

Mr. Sanderson[underlined] That question is objected to upon the same grounds stated in the objection to the sixth preceding question.

Mr. Cohen 111 Will you answer the last question asked you?

A By the advise of my Counsel I decline to answer.

Q 112 Did you yourself or as a member of the firm of Charles Crocker and Company construct any portion of the railroad of the Central Pacific Railroad Company of California?

Mr. Sanderson[underlined] I make the same objection.

A By the advice of my Counsel I decline

to answer.

Mr. Cohen[underlined] 113 Did you as President of the Con=tract and Finance Company enter into any contract with the Central Pacific Railroad Company of California for the construction of any portion or its road?

Mr. Sanderson[underlined] I make the same objection.

A By the advice of my Counsel I decline to answer.

Mr. Cohen[underlined] 114 Did the Contract and Finance Company at the time that you were President of that Company construct or build any portion of the road of the Central Pacific Railroad Company of California?

Mr. Sanderson[underlined] I make the same objection.

A By the advice of Counsel I decline to answer.

Mr. Cohen[underlined] 115 Did you at any time receive from the Contract and Finance Company any stock or bonds issued or made by the Central Pacific Railroad Company of California which constituted the profit made by the Contract and Finance Company upon the construction of a portion of the road of the Central Pacific Railroad Company of California?

Mr. Sanderson[underlined] I make the same objection.

A By the advise of Counsel, I decline to answer.

Mr. Cohen[underlined] 116 Were you a stockholder of the Central Pacific Railroad Company of California, at the time of its consolidation with the Western Pacific Railroad Company?

A Yes sir.

Q. 107 To what extent?

Mr. Sanderson[underlined] I object to that on the ground that there is better evidence of the fact.

A. Well I could not answer it anyhow that is I could not name the amount.

Mr. Cohen[underlined] 118 Were you a stock holder in the Western Pacific Railroad Company at the time of its consolidation with the San Francisco Bay Railroad Company

A. I do not recollect whether I was or not.

Q. 119 Were you a stock holder in the Western Pacific Railroad Company at the time of its consolidation with the Central Pacific Railroad Company of California?

A. I do not recollect that.

Q. 120 Was then any Contract made at any time between the Contract and Finance Company and the Western Pacific Railroad Company?

A. I do not recollect.

Q. 121 Did you receive any portion of the stock of the Western Pacific Railroad Company from the Contract and Finance Company as your portion of the profit made by the Contract and Finance Company in construct= ing a portion of the road of the Western Pacific Railroad Company?

A. Those transactions were so long ago that I do not remember whether I ever had any Western Pacific Railroad Stock or not. I might have been a stock holder of record

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