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. 273 These contracts for the construction of the railroad which you have spoken of were executed in duplicate,, I understand?

A. I think they were.

Q. 274 Do you recollect of their [there] ever having been withdrawn from your office?

A. I don't remember. I can simply re= =member that papers were very often withdrawn for some special purpose — to consult or look over — and returned again.

Q. 275 If I have understood you correctly you have already stated that all the work done by the Contract and Finance Company for the Central Pacific Railroad Company was done in pursuance of written contracts.

A. I think so.

Q. 276 Was it stipulated in either of those contracts that you should furnish the ties for any portion of the Central Pacific Railroad?

[left margin:] Objn. Mr. Sanderson: We object to any evidence as to the contents of those writings, on the ground that the writing themselves are the best evidence.

A. I think the ties were included. It was to build the road. Of course the road could not be built without ties.

Q. 277 Mr. Cohen: To furnish "ed"[scribbled out] the material?

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A. To furnish the material.

Q. 278 I will ask you whether you charged the Central Pacific Railroad Company the same or a greater price for the ties than you paid for them; and, if a greater price, how much more?

A. I don't think we ever charged them any ties.

Q. 279 Will you state, to the best of your recollection, the contents of the contracts, or either of them, between the Contract and Finance Company and the Central Pacific Railroad Company, for the building of the road of the latter Company?

A. I cannot.

Q. 280 What was the entry of the charge that you did make against the Central Pacific Railroad Company upon your books when you performed labor or furnished material?

A. I don't remember exactly the entry of it. I suppose it was for the completion of a certain number of miles of road.

Q. 281 Was it at the rate of so much per mile, or a lumped sum for a certain num= =ber of miles?

A. It was in accordance with the con= =tract, whatever that was. I have forgotten

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what the contract was. In accordance with the contract the entires would be made.

Q. 282 Can you state at what rate per mile the Contract and Finance Company under= =took to construct the road of the Central Pacific Railroad Company through the state of Nevada?

A. I don't remember.

Q. 283 Did those contracts include the equip= =ment of the road, as well as its construction?

A. I think it did.

Q. 284 I understood you to say that, at the time you retired from the secretaryship, you left all the books and papers of the Contract and Finance Company in the office?

A. Yes.

Q. 285 I have understood you to say that you kept a book of certificates of stock: a book from which certificates of stock were issued to persons entitled to receive them?

A. Such a book was kept, I think.

Q. 286 Kept by you?

A. Yes.

Q. 287 What other books were kept in your office?

A. Cash=books, ledgers, journals, time= =books — all the books pertaining to an office of that kind. A great many books.

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Q. 288 Pay=roll books?

A. Yes. I called them time=books.

Q. 289 Did you keep more than one set of books — more than one ledger — at one time?

A. Not at one time.

Q. 290 What other books did you have besides those containing accounts with the Central Pacific Railroad Company: separate accounts with the individ= =ual directors of that Company?

A. No.

Q. 291 There were no such accounts?

A. I don't think there were.

Q. 292 Do you state that positively?

A. I don't remember of any such accounts.

Q. 293 Did the Contract and Finance Company issue it promissory notes, or bills payable, at any time?

A. I think so.

Q. 294 By whom were those notes issued?

A. Sometimes by the Company.

Q. 295 By what officer of the Company were they issued?

A. The president and secretary.

Q. 296 Do you recollect any particular presi= =dent who issued any of them?

A. I think Mr. Charles Crocker signed notes as president sometimes — if any were

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given during his incumbency.

Q. 297 For what purpose were such notes given?

A. For payments of the indebtedness.

Q. 298 Did you ever issue any promissory notes to the Central Pacific Railroad Com= =pany, or to any of its directors?

A. I don't remember whether there were any ever issued to that Company or not.

Q. 299 Did you keep a book showing the notes that you issued, their amounts, dates, when issued, and when due?

A. They will appear on the general books of the Company.

Q. 300 Did you keep a separate book showing the notes issued, commonly called a Bills Payable book?

A. No. Our payments were mostly cash.

Q. 301 Were the notes which you issued authorized by the directors at meetings of the board of directors of that Company?

A. I think so.

Q. 302 Would such authorization appear upon your minutes?

A. Yes sir; I think it would appear upon the minutes.

Q. 303 Did your minutes set out every act and thing done by your Company, and

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