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A. That I don't know.
Q. 57 Was it in writing?
A. That I don't know.
Q. 58 Are you the custodian of the archives and records of the Central Pacific Railroad Company?
A. Yes; I think so.
Q. 59 Were you of those of the Western Pacific Railroad Company during its existence?
A. Yes: that is, during a portion of its existence
Q. 60 During the time that you were the secretary of it?
A. Yes sir.
Q. 61 I believe you were the secretary of it during he years 1868, 1869, and 1870, were you not?
A. I think in 1869 and 1870: I do not re= =member about 1868. I do not remember the time. My memory for dates is not good.
Q. 62 In 1869 and 1870 you were?
A. Yes sir.
Q. 63 If any such trust had been execu= =ted in writing it would come into your possession, I suppose?
A. I do not think all papers belonging to the Companies always come into my possession. I think the president of the company had papers frequently that did.
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not come into my possession.
Q. 64: Are there any papers connected with this transaction which were retained by the presi= =dent of the Company?
A. Not that I know of.
Q. 65 Were there any general relations of trust between the Central Pacific Railroad Com= =pany and the Contract and Finance Company?
A. No: I think not.
Q. 66 You say you do not know of any?
A. I do not know of any.
Q. 67 Were you ever an officer of the Companies known as the San Francisco and Oakland and San Francisco and Alameda Railroad Companies?
A. No.
Q. 68 Were they ever under your control or management?
A. No
Q. 69 You aver in the complaint that, in the month of October, 1869 and for a long time prior and subsequent thereto, the defendant was continuously in the employ of the plaintiff and the other corporations mentioned therein. State what you know about that.
A. I aver there that he was paid a salary.
Q. 70 From what time?
A. From, I think, the first of April, 1869.
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Q. 71 Do you know that of your own knowledge?
A. No; not of my own knowledge. He was paid a salary at a certain time — I don't know whether my answer would be a proper answer — which, at the rate that salary was paid afterwards, must have commenced on the first of April, 1869
Q. 72 By whom was that payment made?
A. By the Central Pacific Railroad Company.
Q. 73 Mr. Robinson: After the consolidation?
A. After the consolidation. It covered ser= =vices for the Western Pacific Railroad Company — so specified — for the Western Pacific and Central Pacific
Q. 74 Mr. Cohen: You say that in com= =menced on the first of April, 1869?
A. It commenced on the first of April, 1869
Q. 75 You state that positively, as a fact within your own knowledge?
A. Within my own knowledge, arriving at the fact in that way.
Q. 76 Do you know it as a fact in any other way?
A. I do not.
Q. 77 Have you any voucher, receipt or ac= =quittance, signed by the defendant that shows for what that was paid?
A. Yes.
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Q. 78 Have you it with you?
A. I have not.
Q. 79 Where is it?
A. It is at the office.
Q. 80 Will you produce it?
A. I will do so.
Q. 81 That was the date at which the em= =ployment alleged in the complaint commenced: the first of April, 1869?
A. So far as I know.
Q. 82: Is it your business to be acquainted with contracts for services made by the Companies of which you are the secretary?
A. Not my special business.
Q. 83 Are all payments therefor made through you?
A. No payments are made through me, scarcely, at any time; but all vouchers pass through my hands, to be examined and approved.
Q. 84 What was the amount of the payment spoken of, made to the defendant by the Central Pacific Railroad Company, by which you referred his services commenced on the first day of April, 1869?
A. The amount was fifteen thousand and some odd hundred dollars.
Ex. "A" [The paper above referred to is here produced, and a copy offered in evidence,
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marked Exhibit "A."]
Q. 85 How was the money mentioned in that voucher — Exhibit "A" — paid?
A. I do not know.
Q. 86 Was not that receipt of October 1st, 1870 — Exhibit "A" — given in settlement of an account rendered by the Central Pacific Railroad Company, as the successor of the San Francisco and Oakland Railroad Company, against the defendant?
A. I think it was settled by an ac= =count of that Company — an account of the Central Pacific Railroad Company — against the defendant; but what that account was made up from — whether as successor of the San Francisco and Oakland or San Francisco and Alameda Companies — I do not remember now. The Central Pacific had an account against the defendant for that amount.
Q. 87 But you do not recollect what that account is made up of, you say?
A. I do not recollect what the account is made up of.
Q. 88 Did you not render an account to the defendant of all matters between the Cen= =tral Pacific Railroad Company and himself up to December 1st, 1870?
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