David Stewart vs. C.P. Huntington

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Cal. In 987, the blanks are filled as follows. the first three blanks in the handwriting of Mark Hopkins. The first blank the word "I"; the second blank the words "D. O. Mills & Co." the third blank "100" the fourth blank "I" the sixth blank "My" the seventh blank "Me" the eighth blank "My" the ninth blank "My" the tenth blank "My" the eleventh blank "17" the twelfth blank "May" the thirteenth the figures "70" are in the handwriting of Mark Hopkins. The fifth bank the words, "E. H. Miller Jr." are in the handwriting of E. S. Miller.

Ques. 58 — Where is Mr. E. S. Miller now?

Ans. — He is in the office of the C. P. R. R. Co. [Central Pacific Railroad Company] and is now present.

Ques. 59. He is now the Assistant Secretary of the C. P. R. R. Co. [Central Pacific Railroad Company], is he not?

Ans. — Yes Sir.

Ques. 60 — And I understand you

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it say that he held the same position in the Corporation known as the C. P. R. R. Co. of Cal. [Central Pacific Railroad Company of California]

Ans. — Yes Sir.

Ques. 61 — Where is Mr. Mark Hopkins.

Ans. — Mr. Mark Hopkins is deceased.

Ques. 62. — He was an officer of the C. P. R. R. Co. [Central Pacific Railroad Company], was he not?

Ans. He was.

Ques. 63 — State his position.

Ans. — He was a director and Treasurer of the Co. [Company]

Ques. 64 — Now can you state to whom the stock that went to the Contract and Finance Co. from these different plaintiffs, was transferred from the Contract and Finance Co. or by the Contract and Finance Co.?

Ans. — It is impossible to trace it any further definitely.

Ques. 65 — Ot is impossible to trace what became of it after it went to the Contract and Finance Co.?

Ans. — Yes Sir.

Ques. 67 — Does not that account

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show the credit to the Contract and Finance Co?

Ans. — Yes sir. It shows in the aggregate with other stocks but in such a shape that it is impossible to trace this individual stock.

Ques. 68 — Is the Contract and Finance Co. an existing corporation?

Ans. -— I do not think it is.

Ques. 69 — Is there any stock now standing on your books in the name of the Contract and Finance Co.?

Ans. — I believe not — there is not.

Ques. 70 — To whom was the stock that stood in the name of the Contract and Finance Co., on the books of the C. P. R. R. Co. of Cal. [Central Pacific Railroad Company of California] transferred?

Ans. — It was transferred to itself on the books of the C. P. R. R. Co [Central Pacific Railroad Company] at the time of the consolidation.

Ques. 71 — I understand you to say that when the C. P. R. R. Co. of Cal. [Central Pacific Railroad Company of California] consolidated with the Western Pacific R. R. Co. [Western Pacific Railroad Company], whenever that was, that the stock, which stood on the books of the C. P. R. R.

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Co. of Cal. [Central Pacific Railroad Company of California] in the name of the Contract and Finance Co., was transferred on the new books, which were opened, of the C. P. R. R. Co.[Central Pacific Railroad Company], the the same corporation, the Contract and Finance Co.?

Ans. — Yes sir.

Ques. 72. Well, now from that time what was done with the stock of the Contract and Finance Co. in the C. P. R. R. Co.[Central Pacific Railroad Company]?

Ans. — It was transferred to Leland Stanford, C. P. Huntington, Charles Crocker, and Mark Hopkins.

Ques 73 — I ask you from whom you received the certificates that stood in the name of Mr. David Stewart. You have said that you could not remember. Can you remember from whom you receiv-ed the certificates that stood in the name of Mr. Aspinwall, Wm Paton, Thomas Paton, or the Agnews?

Ans. — No. I can't remember; I don't remember.

Ques. 74 — Are you familiar with any purchases of the stock of the

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C. P. R. R. Co. of Cal. [Central Pacific Railroad Company of California] made during the year 1870, by Leland Stanford, C. P. Huntington, Charles Crocker, or Mark Hopkins, or either of them, and what price was paid by either of the these gentlemen for stock so purchased, if you know of any such purchase?

Ans. — I don't know of any purchases made by them.

Cross Examination of E. H. Miller.

By Judge Sanderson.

Ques. 1 — Do you know whether Mark Hopkins held a power of attorney from C. P. Huntington in the year 1870?

Ans — Mark Hopkins always acted as his attorney in fact; but I never saw any written power of attorney.