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personally took no part in the transaction?
A. None whatever.
Q. 113 The payments were not made by or through you?
A. The payments for the lot?
Q. 114 The payments for the lot: Were they made through you?
A. No payments of money are made by one, directly; but I think that I ordered the money to be sent to make more than one payment: that is my impression. I think I had something to do with ordering the money sent: I think the president of the company told me to do it, and I did t.
Q. 115 You have already said that you made the payments either through the bank, or by depositing them in the Bank of Cali= =fornia.
A. I think that is so. My recollection is not very distinct as to that, how it was.
Q. 116 Did you ever give or send any money to the defendant to make any such payments.
A. I think not.
Q. 117 I understood you to say that the whole amount of $250,000 has been paid.
A. Yes.
Q. 118 Do you know anything respecting any of the averments in the complaint concerning
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the purchase of this property mentioned other than you have already stated?
A. Not anything of my own knowledge.
Q. 119 You do not know whether or not the defendant received from Mr. Tichenor $50000 of the purchase money, as alleged in the complaint?
A. Not of my own knowledge.
Q. 120 Have you the papers spoken of this morning, — the lease and contract?
A. No; I have not those. All the paper I have is a paper which will correct my testimony given this morning in relation to a portion of that $15,000 having been made up by an amount due from the defendant to the San Francisco and Oakland Railroad Company.
Q. 121 Will you state how that amount of the voucher Exhibit "A" was made up?
A. It was made up by a charge of the charters of those two schooners, the "Elko" and "Truckee" —
Q. 122 How much of that amount?
A. $2296.66 was for the charters of those schooners, and $13,424.88 was an amount transferred from the San Francisco, Oak= =land and Alameda Railroad Company's books to the Central Pacific Railroad
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Company's books at the time of the con= =solidation.
Q. 123 That was what composed that amount specified in Exhibit "A"?
A. Yes. There were some little items back and forth that I did not take off, because this covers all that is in the account.
Q. 124 You have the books of then San Fran= =cisco, Oakland and Alameda Railroad Company in your possession?
A. All that ever came into my possession are in it still
Q. 125 Do you know what composed that charge against the defendant on the books of the San Francisco, Oakland and Alameda Railroad Company?
A. I do.
Q. 126 What was it?
A. Cash
Q. 127 Any dates given?
A. It is all charged up on the cash= =book of the San Francisco, Oakland and Alameda Railroad Company under one date; but it was composed of various items, as shown by what is known as a cash= =tag, which was in the handwriting of the secretary of the San Francisco, Oak= =land and Alameda Railroad Company.
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Q. 128 A cash-tag is generally put in for money drawn for which no voucher is given at the time it is drawn?
A. Yes.
Q. 129 Did that extend over any considerable period?
A. I cannot give any dates. I think not a very long period, but two or three months, probably — I think.
Q. 130 Will you charge your memory again as to whether you did not know that that voucher, Exhibit "A", was given for the purpose of covering up and settling this charge on the San Francisco, Oakland and Alameda Railroad Company's books against the de= =fendant; and were it not known and understood by you at the time that the money charged to him by that Company had been expended by him in and about the business of the Company?
A. I did not know anything about it.
Q. 131 Was it not brought to your atten= =tion at the time of the allowance of that voucher, by the defendant, or by Governor Stanford or by both, that the sums charged on the books of the San Francisco and Oakland Railroad Company to the defendant, and comprising this amount
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of $13,000 or thereabouts, were sums that had been used, during a period extending over some years, in and about the busi= =ness of those companies by the defendant, who was the president of that company?
A. It was not.
Q. 132 From whom did you get the inform= =ation, Mr. Miller, upon which you made that charge for the use of the schooners "Elko" and "Truckee"?
A. I have not any positive recollection about it, but I think from Mr. Towne. My impression is, from Mr. Towne.
Q. 133 You mean the general superintendent of the Central Pacific Railroad Company?
A. The general superintendent of the Central Pacific Railroad Company.
Q. 134 Did you ever give the defendant any receipt or voucher in settlement of his account that offset that Exhibit "A"?
A. I do not recollect doing it, but probably did.
Q. 135 What do you know, Mr. Miller, re= =specting the matters alleged in the complaint as to a contract between the plaintiff, or the Western Pacific Railroad Company, and the defendant for the purchase of coal?
A. I do not know anything, of my own
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