Ellen Colton vs. Leland Stanford

[Imprint: E. S. Belden.]

time should be the period of

That defendants have employed as ex-perts as to the accounts of the various corporations mentioned in this affida-vit two experts, and that these experts are still at work upon said books and said accounts and have not yet com-pleted their investigation, but that if the delay of [blank] be allowed to defendants, that during said period these experts will be able to complete said investigation, and report the results there of.

That the various ad-journments of the Courts during the progress of the plaintiffs case, have af-forded all time and every facility to plaintiff to obtain all such testimony as she desired. And that

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[Imprint: E. S. Belden.]

if this delay of is afforded to the defend-ants, they will then be able to go on without further delay and present their case from day to day, as speedily as the sessions of the Court will permit, and without such delay. I believe that the defendants will not be able to fully and fairly present their def-ense on the merits of this case.

That it has been impossible for the de-fendants to ascertain from the pleadings ex-actly what the case of the plaintiff would be, and therefore as to many matters which have been brought forward by the plaintiff in her testimony, the defendants have had little opportunity to reply, by testimony to the same,

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[Imprint: E. S. Belden.]

and have had no notice of such matters until they were actually intro-duced in evidence.

That since the com-mencement of the trial of this cause various vouchers have been dis-covered by the defendants, which at the commence-ment of this action they were not able to produce, but which the plaintiff claimed did not exist, and they believe that if fur-ther opportunity is af-forded to defendants, va-rious other matters of disbursement which are claimed by plaintiff to be supported by no vouchers, will be discovered to be properly vouched for.

That since the com-mencement of this trial and since the defendants have procured the bank account of David D. Colton

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[Imprint: E. S. Belden.]

with the First National Gold Bank, and with the London & San Francisco Bank, Limited, that defendants have discovered several large and material defalcations on the part of Colton to the defendants herein, and to the various corpora-tions mentioned in the amended complaint.

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Draft affidavit