David Stewart vs. C.P. Huntington

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and stead to transfer the above number of shares to sign and execute all necessary papers to that end, hereby ratifying all lawful acts of — said attorney done by virtue hereof. Witness — hand this — day of — A.D. 186

Signature D. Stewart. Witness A. J. Bixby

Ques. 23. Look at the endorsement on the back of the certificate — which has just been put in evidence and say if you know in whose hand writing the words, "Contract and Finance Co [Contract and Finance Company] are?

Ans. It is in my handwriting.

Ques. 24 Now from where did you receive the certificate?

Ans. I do not remember but — well that is sufficient — I do not remember.

Ques. 25 Now turn to the certificate of March 18th 1867, if you please.

Ans. (Witness does so) This certificate reads No. 876 — 50 shares. It is in the same form as the last certificate — read, and is dated March 18th 1867 and is a certificate — to David Stewart

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for 50 shares signed E.H. Miller Jr. Secty [Secretary] Leland Stanford President &c, stamp affixed to it showing that it is of the issue of the stock of the Co [Company] of twenty Millions Capital stock. The stub No. 876 Number of shares 50; to whom David Stewart; dated March 18th "67 and has appended to it these two papers " Received from the C. P. R. R. Co of Cal. [Central Pacific Railroad Company of California] Certificate of stock No. 876 for 50 shares in my name issued to me on assignment of the Certificate of G. T. M. Davis, which was dated and issued on the 28th day of October 1867 for 50 shares. D. Stewart.

Two cent revenue stamp cancelled

New York 19th February 1867 Steamer 20th of Feb. E. H. Miller Jr. Esq. Secretary C. P. R. R. Co. [Central Pacific Railroad Company]; Sir — enclosed please find certificate of 50 shares of stock in your Co [Company] No. 524 dated 28th of October 1864 in favor of G. T. M. Davis duly assigned to me, which please transfer to my name and send me new certificate and I would like you to mark

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on the margin date of present Certificate showing the time of original issue by the Co [Company] if you have made any recent reports or publication of the Company I will be much obliged for copies or for any new as to prospects of the Company.

Yours Very Truly

David Stewart Post office box 1150.

The endorsement on the back of the certificate is precisely in the same form as the form on the last Certificate put in evidence and purports to assign the certificate to the Contract and Finance Co. — the blanks in the Certificate being precisely the same as the last.

Ques. 26. Will you look at the words "Contract and Finance Co." in the endorsement of the Certificate just read and say in whose hand writing that is?

Ans. My hand writing

Ques. 27. Can you say from whom you received that Certificate? Ans. I do not remember. Ques 28 Do you remember where you received it. Ans. No I do not remember where

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Ques 29. Do you remember at whose request you made that endorsement?

Ans. I do not.

Ques 30 Can you not say why that stock was endorsed by you why you filled in the endorsement with the name of the Contract and Finance Co?

Ans. Well I can only say generally because I do not remember the particulars that it must have been handed to me by somebody representing the Contract and Finance Co and asking to have it transferred to that Co. and that I filled it in for that purpose for the purpose of transferring it to the Contract and Finance Co.

Ques 31 Do you remember whether or not you received that Certificate from C. P. Huntington?

Ans. I do not.

Ques 32. Have you any means of arriving at the knowledge of whether these two Certificates were sent to you by mail or whether you received them from the hands of some person I don't suppose you would remember?

Ans. Yes sir but I do generally

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It certainly was not sent to me by mail. These Certificates were not sent to me by mail to transfer and though I do not remember from whom I received them yet I did not receive them by mail.

Ques 33 You did not receive them by mail but you received them from some person individually?

Ans. From some person individually that is it.

Ques 34 The books in which the two certificates are found are the stock Certificate books of the C. P. R. R. Co. of Cal. [Central Pacific Railroad Company of California] in use during the years 1865 and 1867 are they not?

Ans. Well from December 5th 1864 to June 21st 1870.

Ques. 35 Well now please explain how the ownership of Mr. David Stewart appears as to the other one hundred shares?

Ans. It appears to have been transferred to him on May 19th 1870 from C. P. Huntington and on the same date transferred by him to C. P. Huntington