Crocker - County of San Joaquin vs. Central Pacific RR

which you received from Contract and Finance Company ?

Mr. Sanderson[underlined]. That question is objected to on the ground that it is utterly immaterial what consideration he gave the Contract and Finance Company for any stock they had if they had any or that he gave any other person for the stock?

A. Well on the advice of my counsel I decline to answer the question.

Mr. Cohen[underlined]. 135 What consideration passed from you the the Contract and Finance Company for any stock in the Western Pacific Railroad Company which you received from the Contract and Finance Company.

Mr. Sanderson[underlined]. That is objected to on the ground that it assumes a slate of facts which is not yet proven and is an effort on the part of the counsel to entrap the witness into admissions of facts which he has already stated that he dont[don't] remember about?

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

Mr. Cohen[underlined]. 136 You were asked in the subpoena issued to you in this case to produce contracts made between yourself and the Central Pacific Railroad Company of California. Do you produce those papers?

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Mr. Sanderson[underlined]. We will object in the first place to any such testimony on the same grounds as have heretofore been interposed to questions involving the Construction of the Central Pacific Railroad Company, a question in which as we man= tain the plaintiff has no interest?

A. I have not got them with me.

Mr. Cohen[underlined]. 137 Is there any contract of the character enquired for in your possession?

A. No sir.

Q. 138 Was there any Contract made between you and the Central Pacific Railroad Company of California?

A. Is that pertinent Judge?

Mr. Sanderson.[underlined] To that we make the same objection that we made before.

A. I decline to answer by the advice of counsel.

Mr. Cohen.[underlined] 139 I have a copy of those contracts myself and I will offer them to the witness and see if he identifies them?

A. There was such contracts, yes sir if there is no objection to any answering.

Mr. Sanderson.[underlined] Let the testimony take its regular course.

Mr. Cohen[underlined] 140 You were also asked to produce certain contracts made between Charles Crocker and Company and the Central Pacific Railroad

Company of California; also contracts between the Contract and Finance Company and the Central Pacific Railroad Company of California. Do you produce any or either of those papers?

Mr. Sanderson[underlined]. I make the same objection which has been heretofore interposed to other questions of that kind with regard to all evidence as to the construction of the Central Pacific Railroad Company of California and the witness is advised not to answer.

A. I refuse to answer on account of being advised by my attorney.

Mr. Cohen[underlined] 141 You were also required to produce all statements and books in your possession or under your control showing the dividends received by you from the Contract and Finance Company and the Western Development Company. Do you produce such statements or books?

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

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

Mr. Cohen.[underlined] 142 You were also asked to produce a Contract in writing made by you, Leland Stanford, Mark Hopkins, C. P. Huntington on the one part and D. D. Colton of the other part dated October, 4th, 1874. Do You produce that paper.

Mr. Sanderson.[underlined] Well I dont[don't] know whether the witness can produce it or

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not.

A. I cannot produce it. I have not it in my possession.

Mr. Cohen[underlined] 143 Who has if you know?

A. I dont[don't] know.

Q. 144 When did you last see it?

A. I last saw it I think about over a year ago.

Q. 145 Where?

A. I think Mr. Wilson had it. It was at the Palace Hotel. I think that was the last time I saw it. I dont[don't] know whether it was a copy or what it was he had then but he had what answered the same purpose I presume very likely he had a copy he may have had the original I certainly have not got it and I have not it in my possession. Well really the fact is this I have never had possession of that document nor have never had any control nor never exercised any control.

Q. 146 Well who did have the possession and control of it?

A. I don't know.

Q. 147 Was it a contract executed in duplicate?

A. I think it was.

Mr. Sanderson.[underlined] Never mind we object to that.

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Mr. Cohen[underlined] 148 Have you seen it since the date of its execution October, 4th 1874.

A. Well as I said before I dont[don't] recollect whether it was the original or a copy I saw.

Q. 149 Have you since you served with this subpoena, looked for it?

A. No sir I looked in my safe and I did not find in there I did not look any further but I knew I had no possession of it without looking.

Q. 150 You were also asked to produce an agreement in writing made by yourself, Leland Stanford and C. P. Huntington of the one part with Ellen M. Colton of the other part in the year 1879 do you produce that paper?

A. I do not think there was any contract ever made with her in 1879.

Q. 151 Well if there was not that is a good reason for not producing them.

A. But I know the contract you have reference to and I have no possession of it and never had.

Mr. Sanderson.[underlined] The objecting to the last question is that that is a transaction that occurred long since this suit was commenced and had nothing at all in the world to do with it whatever.

Mr. Cohen[underlined]. 152 Can you say in whose

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