Crocker - County of San Joaquin vs. Central Pacific RR

but I do not think I ever saw a share of the Western Pacific Railroad Stock or a certificate. I do not remember that I had any stock positively.

Q. 122 Did you receive from the Contract and Finance Company any portion of the stock of the Central Pacific Railroad Company after the consolidation between the Central Pacific Railroad Company of California and the Western Pacific Railroad Company if so how much?

A. Is there any objection to that?

Mr. Sanderson. No.

A. I do not recollect whether I received any after the consolidation or not. It is a matter of record and can be easily ascertained though if I did.

Mr. Cohen Q 123 Did you not have transferred from the Contract and Finance Company to you upon the books of the Central Pacific Railroad Company between the 20th day of June and the 22 day of August 1870 $6,163,000 of the stock of the Central Pacific Railroad Company?

A. I do not recollect the date nor the amount but I have had stock transferred from the Contract and Finance Company to me.

Mr. Sanderson. What is that question?

[less than sign]The question is read[greater than sign]

Mr. Sanderson. We object to that question on the same grounds as above stated

to the Central Pacific Stock. We object to the question on the ground that it relates to the Construction of the Central Pacific Railroad Company of California indirectly and falls within the same category as the questions heretofore objected to. Strike out the answer.

Mr. Cohen[underlined] 124 I object to having the answer stricken out.

Q. 124 Did you at any time have transferred to you from the Contract and Finance Company on the books of the Western Pacific Railroad Company any stock in the Western Pacific Railroad Company and if so how much?

A. I do not recollect whether I received any from them or if so how much.

Q 125 Have you any means of ascertaining?

A. Well yes it I —

Mr. Sanderson. I do not know that the witness is under any obligation to hunt up testimony for you Mr. Cohen however if he in willing to do so I do not know that I shall have any ground to object?

A. My ability to answer that question would depend upon my ability to be able to find the books of the Western Development Company — I would say of the Western Pacific Rail= =road Company.

Q. 126 Where are the books kept by the

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Western Pacific Railroad Company?

A. I do not know.

Q. 127 Did I understand you to say that you were the Vice President of the Central Pacific Railroad Company?

A. I am second Vice President of the Central Pacific Railroad Company.

Q. 128 Do you know whether or not the books of the Western Pacific Rail= road Company are in the possession of the Company of which you are second Vice President, the Central Pacific Railroad Company.

A. I do not know. If guess work was admissable[admissible] I might give a guess.

Mr. Sanderson[underlined] We dont[don't] want guessing. We want to get the frozen truth.

A. Well I dont[don't] know anything about it.

Mr. Cohen[underlined] 129 What consideration passed from you to the Contract and Finance Company for the stock of the Central Pacific Railroad Company that was transferred from the Contract and Finance Company to you?

Mr. Sanderson. I will ask counsel what date [caret]"he" "you"[crossed out] refers to, whether it was before or after the consolidation.

Mr. Cohen[underlined] 130 I am referring to the date of the consolidation between the Central Pacific Railroad Company of California

and the Western Pacific and the Consolisation between the corporation formed by the Union of those two corporations and the consolidation that took place between that corporation and various other corporations on the 22, day of August, 1870.

A. Well I have told you already that I dont[don't] know that I had received any at that time.

Mr. Sanderson[underlined]. That question is objected to because it does not appear that he ever received any such stock.

Mr. Cohen[underlined] 131 What consideration passed from you to the Contract and Finance Company for the transfer to you by the Contract and Finance Company of the stock of the Central Pacific Railroad that was transferred to you by the Contract and Finance Company.

Mr. Sanderson0underlined]. That question is objected to because it assumes as state of facts which has not yet been made to appear.

Mr. Cohen[underlined] 132 What is your answer to that question?

A. Well you advise me to refuse to answer Judge?

Mr. Sanderson.[underlined]. Yes.

A. Under the advice of Counsel I decline to answer.

Mr. Cohen[underlined]. 133 Do you say that you did or did not receive from the Contract and finance Company after the Consolidation

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between the Central Pacific Railroad Company of California and the Western Pacific Railroad Company any of the stock of the Contract Pacific Railroad Company?

A. I do not think I did. Let me explain that the transfer of stock on the books of the Company from one person to another dont[don't] always designate the day on which the stock was received, that the part having it transferred it. They may hold it in their possession for years in the name of the other party with their endorsement upon it and I know that a good deal of my stock that I received from the Contract and Finance Company I carried in their name for a long time. Sometimes years and when it was transferred it might have been at the date that I received it and it might not have been. It might not have been for years afterwards but as to receiving any stock from the Contract and Finance company after the Consolidation I have no remembrance of having received any.

Mr. Cohen[underlined] 134 What consideration passed from you to the Contract and Finance Company for any stock in the Central Pacific Railroad Company