David Stewart vs. C.P. Huntington

thirty five thousand dollars. At the time I held a memorandum from him of the fact of his custody of the stock, and of the further indebtedness.

28 q You say the difference between the sum of ten thousand dollars and thirty five thousand; do you mean thirty five thousand, or eighty five thousand?

a Thirtyfive thousand he first paid me: the balance was to be paid in thirty days. Then the time came, I went to him for it, and he requested me to go over to Mr. Colton to get it. I asked him for an order, or some indication to Mr. Colton to pay it: he said he (Colton)[caret inserted in blue pen] understood it; that it was not necessary; all I had to do was to go to Mr. Colton, and get a check for the balance, and I did so.

29 q Mr. Colton paid you fifty thousand dollars?

a Fifty thousand dollars; I went over, got his check, and receipted to him for it, that closed the transaction.

30 q The stock had been delivered previously to Mr. Haggin?

a Yes.

31 q Did Mr. Haggin state to you for whom he made the purchase?

a No: I go the impression [scribble] [centered] (Objected to.)

32 q Did he state for whom he was making the purchase?

a Not directly.

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33 q Did Mr. Colton state to you for whom the purchase was made?

a Nothing whatever: my conversation with Mr. Colton was strictly limited to asking him for a check for fifty thousand dollars for the Central Pacific stock purchase matter. He sat down and drew it. He seemed to understand perfectly that I had come for it, and he gave me a check for it.

34 q Is the person you have named as D. D. Colton, living?

a No sir: he had been dead for about[caret inserted in blue pen] two years.

35 q Is he the person who was a director of the Central Pacific Railroad Company?

a I do not know whether he was or not. He was connected with the Southern Pacific Railroad Company, but I do not know what his connection was with the Central.

36 q "By Judge Sanderson."[all individually double underlined] You do not mean at that time?

a No I think it was just before his connection with the Southern[written in blue] Pacific. His office was at the corner of Montgomery and California Streets.

37 q "By Mr. Cohen."[all individually double underlined] Did you have any conversation, at any time with respect to the purchase of the stock with any of the defendants in this case, Leland Stanford, Charles Crocker or C. P. Huntington?

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a I had a conversation once with Gov. Stanford owing to the fact that Mr. Haggin was out of town; it was just before I had got possession of the stock, and before I had sold it to Mr. Haggin.

Gov. Stanford referred me back to Mr. Haggin, saying it was a matter he had nothing to do with, and referred me back to Mr. Haggin. The conversation was not probably of three or five minutes duration at the head of the stairs in a building on California Street, where I think Gov. Stanford, at that time, had his office temporarily.

38 q And you think the transaction was that you sold the two hundred shares of stock to Mr. Haggin for eighty five thousand dollars, and received thirty five thousand from him, and fifty thousand dollars from Mr. Colton at the consideration?

a That is my present recollection of the transaction.

39 q I will ask you one more question. Did you receive any information that if you obtained this stock, you would find a purchaser for it?

a Yes. Otherwise I should have endeavored not to have got it.

CROSS EXAMNIATION[double underlined in red]

1 q "By Judge Sanderson:" [all individually double underlined] You stated

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in your direct examination, Mr. Smith, that the stock which was assigned in the division of the Brannan estate to Mrs. Brannan was of the first issue of the Central Pacific Railroad Company of California; how do you know that fact?

a I only know it from a general impression got from my conversation with Mr. Haggin and General Cobb.

2 q Then I understand all your knowledge upon the subject was hearsay?

a Entirely: I have stated that I was not an attorney in the suit, and I knew nothing about it. I doubt even if I read the complaint in the case.

3 q Did you ever see any of the certificates of stock?

a I never did.

4 q Do you know of what date they bore issue?

a I do not. I have already stated that when we got them they were in the hands of Mr. Wetzlar in Sacramento, hypothecated then by Mr. Sam Brannan for ten thousand dollars.

Mr. Haggin sent up there and got them. He paid the ten thousand dollars and brought them down, and I sold them to him without ever seeing the stock after that, or having anything to do with it.

5 q Did you understand that the suit of Brannan against the Central Pacific Railroad Company of California had been

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settled at that time?

a No, sir.

6 q Did not you state in your direct examination that the suit had been settled before you had anything to do with the stock?

a The general suit that was brought, in which Mr. Felton and Mr. Cobb were the Attorneys I understood had been settled, [written in blue ink]but I did not intend to refer to the Brannan Suit.

RE-DIRECT EXAMINATION [red double underline]

1 q By Mr. Cohen [individually double underlined] You stated in answer to a question in Cross-examination that all your knowledge of this matter was from hearsay: did not you intend to limit your reply to your knowledge of the proceedings in the suit of Brannan against the Central Pacific Railroad Company of California?

a Yes, "that"[crossed out] all that had been done in that case previous to my connection with it.

(Judge Sanderson [caret]"explained" that he understood it differently [caret]"and said" ): "My question was in relation to his knowledge of which issue that stock belonged to: he said his knowledge was such as he had gained by hearsay — for he never saw the stock?

2 q By Mr. Cohen[individually double underlined]: You did not intend your reply "that"[crossed out] you gave, to be understood that your knowledge of the price paid

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