David Stewart vs. C.P. Huntington

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Testimony of Edward H. Miller Jr. Miller was the Secretary for the Central Pacific Railroad.

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Re=direct Examination[centered] of[centered] Charles Crocker.[centered]

Mr. Sanderson.

Q. 1. You say you ceased to be a director of the Central Pacific Railroad Company in 1872, prior to going to Europe?

A. Yes sir: — I think I went to Europe in 1871, didn't I?

Q. 2 Then, at the time you went to Europe, or just before that, you ceased to be a director of the Company?

A. Yes sir.

Q. 3 Did you at that time also cease to be a stockholder of the Company?

A. No; I had stock in the Com= pany; but I had sold it: it was still standing in my name on the Company's books.

Q. 4 But you had sold out?

A. I had sold out actually, and the stock was put up in escrow as collateral security for payment. I did remain a stockholder.

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Q. 5. When did you return from Europe?

A. I returned in 1873, in July.

Q. 6 You speak of a distribution of stocks having been made in 1873. Ex= plain what distribution you mean.

A. When I came back in 1873, I made a trade with C. P. Huntington to resume my relations with the Com= pany and take back my stock; — cancelled the sale which I had made of my stock when I went to Europe: and at that time there was an equalization of the stock among ourselves: — a bargain among ourselves.

Q. 7. In other words, you pooled your stock?

A. Yes sir; we pooled our stock, and agreed to equalize it.

Q. 8 And in that way you may have come into possession of some of this stock?

A. Yes sir; in that way.

Re= cross= Examination[centered] of[centered] Charles Crocker.[centered]

D. 1. By Mr. Cohen. Did you receive any

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stock in 1873, after you resumed your interest in the Railroad Corpor= ation, from the Contract and Finance Company?

A. I dont[don't] know whether I did or not. I think so, but I am not certain about it.

Q. 2. You think you received dividends from the Contract and Finance Com= pany as late as 1873?

A. No sir; no dividends. However, I could not say as to that posi= tively. I dont[don't] remember. There may have been a dividend as late as that, but I dont[don't] remem= ber of it now.

Q. 3. When was it you sold you interest in these corporations: — In what year?

A. In March 1871.

Q. 4. You sold your interest in those corporations, to C. P. Huntington, did n't you?

A. Well, yes: to him and Stanford and Hopkins.

Q. 5 And in 1873 you repurchased, so to speak; or reacquired.

A. Yes sir; we cancelled the sale.

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Q. 6. And you resumed your former position?

A. Yes sir; I took back all of the property, and cancelled the obli= gation which they gave me.

Q. 7 So that in reality your position in respect to the transactions that went before that time were the same as if there had been no sale by you?

A. Yes sir.

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