Central Pacific Railroad Company Lawsuits

1

Testimony of E.H. Miller Jr. taken pursuant to a commission issued from the Supreme Court of the State of New York in and for the City and County of New York in the actions now pending in that court entitled David Stewart vs C. P. Huntington et al Lloyd Aspinwall, et al Executors is " " " William Patou " " " " Elizabeth Patou Executrix [&c] " " " " John T. Agnew et. al. surviving partners [&c] vs same defendants

Mr. Cohen Ques 1. Please state your name age place of residence and occupation?

Ans. My name is E. H. Miller Jr. age 54 years residence San Francisco occupation Secretary of the Central Pacific R. R. Co [Central Pacific Railroad Company]

Ques 2. How long have you been Secty [Secretary] of the Central Pacific R. R. Company [Central Pacific Railroad Company]?

Ans. Well some 16 years — 16 or 17 — 16 or 17 put it.

Ques 3. Has that been the name by which the Co of which you are secretary has been known during all that time?

Ans. No sir, the name originally was Central Pacific R. R Company of California [Central Pacific Railroad Company of California]

Ques 4. By consolidation with other

In the Supreme Court of the State of New York in and for the city and County of New York. [underlined with double horizontal red lines]

David Stewart vs. C. P. Huntington et als. [underlined with double horizontal red lines]

Lloyd Aspinwall et al Exrs. vs. The Same. [underlined with double horizontal red lines]

William Paton vs. The Same. [underlined with double horizontal red lines]

Elizabeth S. Paton, Executrix, &c. vs. The Same [underlined with double horizontal red lines]

John T. Agnew et al, surviving partners, &c. vs. The Same. [underlined with double horizontal red lines]

DEPOSITION [double horizontal red underline]

of witnesses produced, sworn and examined the ninth and Eleventh days of December, in the year One Thousand, Eight-hundred and Eighty at San Francisco, California, under and by virtue of a Commission issued out of the [inserted]Supreme Court of the State of New York, in and for the City and County of New York in five certain cases therein depending and at issue in one of which David Stewart is plaintiff in another of which Lloyd Aspinwall et al

In the Supreme Court of the State of New York, in and for the City and County of New York. [double underlined in red]

David Stewart vs. C. P. Huntington et als. [double underlined in red]

Lloyd Aspinwall et als., Exrs. vs. The Same. [double underlined in red]

William Paton vs. The Same. [double underlined in red]

Elizabeth S. Paton, Executrix, &c. vs. The Same. [double underlined in red]

John T. Agnew et al, surviving partners, &c. vs. The Same. [double underlined in red]

DEPOSITION [double underlined in red]

of witness produced, sworn, and examined the ninth day of December in the year One thousand, Eight hundred and Eighty at San Francisco, California, under and by virtue of a Commission, issued out of the Supreme Court of the State of New York, in and for the City and County of New York, in five certain cases therein depending and

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at issue, in one of which David Stewart is plaintiff; in another of which Lloyd Aspinwall et al, Executors, are plaintiffs; in another of which William Paton is plaintiff; in another of which Elizabeth S. Paton as Executrix, &c, is plaintiff; in another of which John T. Agnew et al., surviving partners, &c, are plaintiffs, and in all of which C. P. Huntington and others are defendants, as follows:

Moses G. Cobb,[underlined] aged sixty years and upwards being duly and publicly sworn, pursuant to the directions hereto annexed and examined on the part of the plaintiffs, doth depose and say as follows:

(Before William Thomas, Commissioner.)[double underlined in red]

(For Plaintiffs, A. A. Cohen.)[double underlined in red]

(For Defendants, S. W. Anderson.)[underlined in red]

DEPOSITION OF MOSES G. COBB. [underlined in red]

1 q By A. A. Cohen: Please state your name, age, place of residence and occupation.

a Moses G. Cobb, attorney at law, sixty years of age. I reside in this city and county.

2 q How long have you resided in the city and county of San Francisco?

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In the supreme court of the state of New York, in and for the City and County of New York.

David Stuart — vs. — C. P. Huntington et als. [the above bracketed]

Lloyd Aspinwall et al. Executors etc. — vs. — C. P. Huntington et als. [the above bracketed]

William Paton — vs. — C. P. Huntington et als. [the above bracketed]

E. S. Paton et al. Executors etc. — vs. — C. P. Huntington et als. [the above bracketed]

John T. Agnew et al. Surviving Partners etc. — vs. — C. P. Huntington et als. [the above bracketed]