5

E. H. Miller, Jr.,
Recalled for Plaintiff

Mr. Lake:

Question 1 You have been subpoenaed to
produce certain books here at this time:
Will you now produce Ledgers Numbers
1 and 2 and Journals Numbers 1 and 2
of the Central Pacific Railroad Company
of California? — Have you those books with
you?

A.I have not?

Q. 2 Why do you not produce them?

A. I am advised by counsel that I should
not produce them.

Q. 3 Do you decline to produce them?

A. I do.

Q. 4 Do you make the same statement
in regard to each one of the documents
mentioned in this subpoena?

A. I brought none of them.

Q. 5 You read the subpoena, did you?

A. Yes sir.

Q. 6 This subpoena was served upon
you, was it not?

A. Yes sir.

Q. 7 Will you consider it read now?

A. Yes sir.