David Stewart vs. C.P. Huntington

DEPOSITION OF G. Frank Smith. [red double underline]

1 q By Mr. Cohen.

Please state your name, age, place of residence and occupation.

a G. Frank Smith, attorney at law; fifty five years of age; place of residence San Francisco.

2 q How long have you resided in San Francisco?

a Since 1852.

3 q How long have you been a practicing lawyer in San Francisco?

a Since 1854.

4 q Do you know anything about an action brought in one of the District Courts of San Francisco, entitled "Samuel Brannan vs. the Central Pacific Railroad Company of California, and others?

a I know it only from hearsay.

5 q Were you connected with that case in any way?

a I was not.

6 q Were you instrumental, or did you take any part in, the settlements of that case?

a No; it was settled before I had anything to do with it.

7 q Do you know of your own knowledge what were the terms if settlement?

a I do not: Mr. Felton and Mr. Cobb were the attorneys for plaintiff in that case, and it was settled before the suit of Brannan against Brannan was started which brought me any knowledge, whatever, of the

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proceedings.

8 q What was the suit of Brannan against Brannan of which you speak?

a It was a divorce suit — for dissolution or marriage, and a division of the common property.

9 q Was Samuel Brannan the plaintiff or defendant in that suit?

a The defendant.

10 q Were you the attorney for Mr. Brannan?

a I was attorney for Mrs. Brannan, the plaintiff in the case.

11 q As attorney for Mrs. Brannan in the suit of Brannan versus Brannan, did you have anything to do with the case of Brannan against the Central Pacific Railroad Company of California?

a No; as an action I did not; but if you will permit me to state my only connection with what I suppose you desire to get at: (some Central Pacific Railroad Stock coming into the possession of Mrs. Brannan) I will state it. That was my only connection with that suit.

12 q Go on and state anything you know about that suit.

a While the suit of Brannan against Brannan was pending, Mr. J. B. Haggin informed me that there was some Central Pacific Railroad Stock in the possession of Brannan about which he (Brannan)[caret inserted in blue ink] had brought suit against the Central Pacific Railroad Company, and in the division if Mrs. Brannan would get that stock, he

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would purchase it, or cause it to be purchased. I have forgotten what his exact language was. He agreed upon a price that he would give for it. I consulted my client; found it was satisfactory, and in the division of assets of Brannan, in the suit of Brannan against Brannan, I did succeed in getting that stock for the plaintiff, Mrs. Brannan and I sold it in accordance with the understanding between Mr. Haggin and myself.

13 q Can you state how many shares of stock you received, and what price you obtained for it?

a I have been in the country Mr. Cohen and I have had no opportunity to refresh my memory from an examination of the assets divided in that case, which I probably could do by examining the papers in my office. I only came home last night, but my recollection, or rather, impression is, it was one hundred shares of the undivided stock. That is to say: it was a hundred shares of stock before it had been divided up to its present condition.

14 q A hundred shares of stock of the eight and a half million dollar issue of the Central Pacific Railroad Company of California?

a I do not recollect what the issue was. It was stock of the Central Pacific Railroad of California — the first issue.

15q Now, will you state, if you remember, what price you obtained for it?

a Eighty-five thousand dollars.

16 q At the rate of Eight hundred and fifty dollars per share, you think?

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a If it was one hundred shares, that would be the price. I state the number of shares with a distinct reservation: it is merely an impression on any mind.

17 q Can you, without any inconvenience give us exactly the number of shares which you sold, before this examination closes?

a I think I can by referring to my papers.

18 q How long will it take you to do that?

a Probably half an hour, or an hour.

19 q You do not know how many shares you obtained?

a Well, it was all that Brannan owned.

(At this juncture Counsel for defendants, called witnesses' attention to the fact that that number of shares alleged to belong to Samuel Brannan in complaint filed in his suit against the Central Pacific Railroad Company and others was two hundred. The witness continued)

If it is there[caret inserted written in blue] alleged that it was two hundred shares it was two hundred shares. It was all he owned. It was his entire interest. It was what was claimed in the complaint filed by Brannan against the Central Pacific Railroad Company. If it was two hundred shares, that was the right quantity.

20 q You are sure that you received for Mrs. Brannan the whole of the two hundred shares of stock claimed by Samuel Brannan?

a That was my understanding at the time.

21 q So as to get at the real fact of the case. I will ask you, if you will examine your papers or memoranda which you have, from which you can state distinctly what was the quantity of stock?

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a I am very confident now, it was two hundred shares.

22 q Was eighty five thousand dollars the whole consideration price paid for the surrender of the two hundred shares?

a That was the whole price paid, as far as I know anything about it.

23 q To whom did you sell the stock spoken of?

a I sold it either to Mr. Haggin; or through Mr. Haggin. I was paid a part of the money by Mr. Haggin, and the remainder was paid me by Mr. D. D. Colton.

24 q Do you recollect what year, this was?

a I think it was about February, 1871.

25 q How far apart were the payments made to you.

a I think there were only two, — at an interval of about thirty days, I think.

26 q Both paid during the year 1871?

a Yes.

27 q Did you divide the stock "of"[scribbled out] into two parts in selling it?

a I did not. The stock when it should have reached Mrs. Brannan's hands, was found to be hypothecated in Sacramento with a man by the name of Wetzlar who was President of a Savings' Bank there, for ten thousand dollars. Mr. Haggin advanced the ten thousand dollars, and sent up and got the stock and brought it down. He then paid me the difference between that and

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