Crocker - County of San Joaquin vs. Central Pacific RR

possession that contract is?

A. No.

Q. 153 In your answer in this case you say "They deny that said contracts "were made with said C. Crocker "and Company for the joint or individual "profit and gain of the said Leland "Stanford, C. P. Huntington, Hopkins, E. B. "Crocker or either of them or that "they were let at prices or rates "which were exorbitant or excessive "or at rates equal to 200 per, cent "or at any per cent over and above " the actual or reasonable cash and "expense of the work done and "the materials, furniture or equipment " furnished the same in the name "of said C. Crocker and Company." Will you state what was the actual cash and expense of the work done and materials furnished in the name of C. Crocker and Company?

Mr. Sanderson.[underlined] Counsel "for plaintiff"[crossed out] for defendant asks counsel for plaintiff to explain what work he refers to, whether work done on the Central Pacific Railroad or on the Western Pacific Railroad prior to the consolidation.

Mr. Cohen.[underlined] 154 This particular allegation I understand to refer to a contract

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made between the Central Pacific Railroad Company of California and this witness under the name of C. Crocker and Company for the construction of a portion of the railroad of the Central Pacific Railroad Company of California.

Mr. Sanderson[underlined]. We object to the question upon the same grounds as above stated in relation to the construction of that road and advise the witness to decline to answer it.

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

Mr. Cohen[underlined]. 155 In the next paragraph in your answer I read from line one to line eight inclusive of page 9 you say " 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 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 cash and " reasonable profits of the work done and the materials, " furniture and equipments furnished and supplied, in " the name of and under the directors of " said C. Crocker and Company or at all."

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will you state what was the actual cash and reasonable profits of the work done referred to in that portion of your answer.

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

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

Mr. Cohen[underlined] Q 156 In your answer commencing at line 54 of page 9 and ending on line 2 of page 10 you say. "Said defendants " further deny that the moneys " and stock so as aforesaid paid to " said Contract and Finance Company " were in value greatly in excess " of the amount of $206,632,661.50 1/3 " or any other sum, of the cash " and reasonable profits of furnish= " ing on the materials, furniture and " equipments and doing the work which " was furnished and done by said " Contract and Finance Company "under " said Contract". Will you state what was the cash and what the reasonable profits of the work done referred to by you in that portion of your answer?

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

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

Mr. Cohen[underlined]. For the purpose of having an opportunity of taking the opinion of the

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court as to how far this examination may go and what questions it is proper for the witness to answer I ask the Notary to adjourn this matter.

It is stipulated that this matter will be referred to the Court upon the Reporters notes on the motion to show cause why Mr. Crocker should not be required to answer these questions and to be taken up on the 7th, of January, 1881, subject to the right of either party to show[crossed out] cause[crossed out] more for an adjournment for cause.

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