W. E. Brown

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W. E. Brown examination and interrogation by A. A. Cohen, Esq., and S. W. Sanderson, Esq.

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Q. 63 You do not recollect of anybody who subscribed? --- Do you recollect of any one person who subscribed for any portion of that stock?

A. Yes sir: The president was a subscriber.

Q. 64 Which president?

A. Charles Crocker and E. B. Crocker: both of those presidents.

Q. 65 How much did Charles Crocker and E. B. Crocker subscribe for that stock?

A. I do not remember.

Q. 66 Did Leland Stanford subscribe for any?

A. I think he was a subscriber.

Q. 67 Was Mark Hopkins a subscriber?

A. I think so.

Q. 68 Was C. P. Huntington a subscriber?

A. I think so.

Q. 69 Can you state the number of shares that either one of those parties subscribed for?

A. No; I cannot.

[left margin:] Objn. Mr. Sanderson: All this testimony is objected to, upon the ground that there is better evidence.

Q. 70 Mr. Cohen: You cannot tell whether it was one share or one thousand shares that either of those persons subscribed for?

A. I don't remember.

Q. 71 How much money did you pay into

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the treasury of that corporation at the time of your subscription, or at any time afterwards, for the stock issued to you?

A. I don't remember how much money I did pay in.

Q. 72 Have you any means of arriving at an answer to that question?

A. No.

Q. 73 Where is your certificate of stock which you received?

[Objected to as immaterial.]

A. I don't know where it is.

Q. 74 I will ask you if you have no books of account or papers which would enable you to ascertain for how much of this stock you subscribed, or how much you paid.

A. I have not.

Q. 75 Who, if anybody, furnished any money with which the business of this corporation — the Contract and Finance Company — was carried on?

A. I don't remember who furnished the money.

Q. 76 Was any money furnished by anybody?

A. I think there was money furnished. The Contract and Finance Company earned money and received money for work done.

Q. 77 What work?

A. Work for which it was incorporated:

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contracting for and building railroads.

Q. 78 For building railroads?

A. Yes sir.

Q. 79 What railway did the Company build?

A. It took the contract for building portions of the Central Pacific.

Q. 80 Will you state what portions?

[No answer.]

Q. 81 Mr. Sanderson: Was that contract in writing?

A. Yes sir.

[left margin:] Objn. Mr. Sanderson: We object to any testi= =mony in relation to it, upon the ground that there is better evidence.

Q. 82 Mr. Cohen: Who executed that con= =tract that you speak of?

A. The parties to it were the Contract and Finance Company and the Central Pacific Railroad Company.

[left margin:] Objn. Mr. Sanderson: Note our objection to all this testimony.

Q. 83 Mr. Cohen: Who executed the con= =tract on behalf of the Contract and Finance Company?

A. Whoever was acting as secretary and president at the time.

Q. 84 What was the date of that contract?

A. I don't know the date.

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Q. 85 As near as you can recollect.

A. I have no recollection about it.

Q. 86 Was it during the time that you were secretary that the contract was executed?

A. I think so.

Q. 87 Do you not know whether it was or not?

A. I think I executed a contract as secretary of the Company.

Q. 88 How soon after the incorporation of the Company was that contract executed?

A. I don't remember.

Q. 89 How many contracts in writing were made between the Contract and Finance Company and the Central Pacific Railroad Company for the construction of the railroad of the latter Company, or any part of it?

A. I don't remember.

Q. 90 Was there more than one?

A. I don't remember whether there was or not.

Q. 91 Were any contracts made orally in your presence, or by you?

A. Not that I remember.

Q. 92 Who executed those contracts on the part of the Central Pacific Railroad Company?

[left margin:] Objn. Mr. Sanderson: I object to the question,

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upon the ground that there is better evidence. The contract itself should be produced.

A. Its president and secretary, I presume.

Q. 93 Mr. Cohen: Do you not know of your own knowledge?

A. No.

Q. 94 Were any books containing minutes of the proceedings of the Contract and Finance Company kept by you?

A. I think there were, — regular books.

Q. 95 Were these contracts entered upon those minutes?

A. I don't remember whether they were entered in full or in synopsis.

Q. 96 I will ask you, Mr. Brown, how long the incorporators of the Company who are mentioned in the Articles of Incorporation as its "president"[scribbled out] trustees continued to act as such?

[left margin:] Objn. [Question objected to, upon the ground that there is better evidence.]

A. I don't remember how long.

Q. 97 During the time that you were secretary were there any "other"[scribbled out] persons acting as trustees, other than those you have mentioned: yourself, Mr. Benjamin R. Crocker, and Mr. Milliken?

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