David Stewart vs. C.P. Huntington

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such purchases?

A. I could not say as to that. I am not position that it ever bought any of the stock of the Central Pacific Railroad Company. It may have done so, but I am not positive as to it; and I could not say who directed it to be bought if it was bought.

Q. 59. How did it acquire all of the stock that it transferred to you?

A. It acquired it as a contractor to build the road, in payment for building the road.

Q. 60. Took the stock of the Central Pacific Railroad Company of California, in payment for the Construction of the road; is that what you mean?

A. It took the stock of the road which was building, whichever it was, whether it was the stock of the Central Pacific Railroad of California, or of the Central Pacific. It it built the railroad for the Central

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Pacific Railroad of California, it took its stock in payment for so much of its road as it built.

Q. 61. And you get the stock of the Railroad as a dividend on your stock in the Contract and Finance Company?

A. A part of it.

Q. 62. But you cannot say whether in those dividend that you so received, any portion of the stock of the plaintiffs was used?

A. No sir; I dont[don't] think there was any of it.

Q. 63. What means of knowledge have you of whether it was used or not?

A. Well, I am certain that none of that stock came directly to me: but it may have come around in changing the stock in 1873: but not before that. It may have got mixed in with other stock so that it could be traced back to that stock that I got: but not di= rectly to me.

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Q. 64. Why are you certain that it did not come to you before 1873?

A. Because I did not have any stock from the Contract and Finance Company except I received it as a dividend.

Q. 65. What is the latest time you received stock from the Contract and Finance Company as a dividend?

A. I cannot name the day.

Q. 66. About the time?

A. It was shortly after the completion of the road.

Q. 67. The road was completed in [caret]May 1869?

A. Yes sir.

Q. 68. How long was it, after that, that you received stock in that way, as dividend.

A. I cant[can't] remember when the settle= ment was made: but it was made either during that year or the early part of next year.

Q. 69. Didnt you, in June 1870, re= ceive over sixty-three "million"[scribbled out] thous= and two hundred and sixty shares of the stock of the Central Pacific Railroad Company of California as a divided from the Contract

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and Finance Company?

A Very likely I did. I received it at the time the settlement was made, whenever that was.

Q. 70 Are you prepared to say that in these various dividends which you received from the Contract and Finance Company, the stock of the plaintiffs did not form a part of the stock which you received?

A. I dont[don't] see how it could. If it was, it was without my know= ledge. If it was mixed in with the Stock that the Finance Company received for the building of the road it may possibly have got into my hands; but I think not. I think that my stock came originally for the certificates from the Company to the Contract and Finance Company, and endorsed by them over time.

Q. 71. Were not a great many pur= chases of the stock, property and other assets, made in the name of the Contract and Finance Company, divided up among the directors of

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the Central Pacific Railroad Company as dividends?

A. No sir; not as dividends to the directors of the Central Pacific Railroad Company. I dont[don't] know of any stock that was divided among the stockholders of the Contract and Finance Company, ex= cept the stock that was received on the contract for building the road.

Q. 72 The stock purchased from the Lambard party, and Mr. Brannan, didnt[didn't] that go to the Contract and Finance Company?

A. I dont[don't] remember. I think it did.

Q. 73 If it did, wasn't it divided up among the Stockholders of the Contract and Finance Company in the shape of dividends?

A. Yes sir; but when, I could not say. It must have been divided, because all of the assets were divided.

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