Central Pacific Railroad Company Lawsuits

were purchased: How do you know it?

A. Because the payments as made by the treasurer, through the treasurer's department of the Company, of course came into my office to be entered up; and it was entered up as paid for.

Q16 Do you know who made that purchase?

A. I do not.

Q 17. You have no knowledge whatever on the subject?

A. None whatever.

Q. 18 Did you not aver in your complaint the facts concerning that purchase?

A. I do not remember just what the averments of the complaint are.

Q. 19 Did you ever read the complaint?

A. I did.

Q. 20 You state in the complaint that the property mentioned was purchased by the defendant: What do you know concerning that?

A. I was informed so at the time that I read the complaint: I was informed that that was the fact.

Q. 21 Who informed you?

A. I think both Judge Sanderson and Judge Robinson.

Q. 22 That was all the knowledge you had on the subject at the time you made

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A. Never.

Q. 41 Do you know when the purchase of block 9 from Mr. Tichenor was made?

A. I do not

Q. 42 Do you recollect what you have averred in your complaint concerning it?

A. No.

Q. 43 You do not?

A. I do not recollect positively.

Q. 44 As nearly as you recollect, what was your averment in the complaint concern= = that purchase?

A. I have very little recollection about it.

Q. 45 Who are the gentlemen you have spoken of, from whom you derived your information: Judge Sanderson and Judge Robinson?

A. They are the counsel and attorneys for the Company.

Q. 46 Is the Robinson you speak of the venerable judge, or the younger gentleman of that name?

A. He is the most venerably of the Robinson family.

Q. 47 I believe you are a director of this Company?

A. Yes sir.

Q. 48 How long have you been a director?

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C. P. R. R. Co. of Cal. [Central Pacific Railroad Company of California] made during the year 1870, by Leland Stanford, C. P. Huntington, Charles Crocker, or Mark Hopkins, or either of them, and what price was paid by either of the these gentlemen for stock so purchased, if you know of any such purchase?

Ans. — I don't know of any purchases made by them.

Cross Examination of E. H. Miller.

By Judge Sanderson.

Ques. 1 — Do you know whether Mark Hopkins held a power of attorney from C. P. Huntington in the year 1870?

Ans — Mark Hopkins always acted as his attorney in fact; but I never saw any written power of attorney.

33 q Did Mr. Colton state to you for whom the purchase was made?

a Nothing whatever: my conversation with Mr. Colton was strictly limited to asking him for a check for fifty thousand dollars for the Central Pacific stock purchase matter. He sat down and drew it. He seemed to understand perfectly that I had come for it, and he gave me a check for it.

34 q Is the person you have named as D. D. Colton, living?

a No sir: he had been dead for about[caret inserted in blue pen] two years.

35 q Is he the person who was a director of the Central Pacific Railroad Company?

a I do not know whether he was or not. He was connected with the Southern Pacific Railroad Company, but I do not know what his connection was with the Central.

36 q "By Judge Sanderson."[all individually double underlined] You do not mean at that time?

a No I think it was just before his connection with the Southern[written in blue] Pacific. His office was at the corner of Montgomery and California Streets.

37 q "By Mr. Cohen."[all individually double underlined] Did you have any conversation, at any time with respect to the purchase of the stock with any of the defendants in this case, Leland Stanford, Charles Crocker or C. P. Huntington?

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a I had a conversation once with Gov. Stanford owing to the fact that Mr. Haggin was out of town; it was just before I had got possession of the stock, and before I had sold it to Mr. Haggin.

Gov. Stanford referred me back to Mr. Haggin, saying it was a matter he had nothing to do with, and referred me back to Mr. Haggin. The conversation was not probably of three or five minutes duration at the head of the stairs in a building on California Street, where I think Gov. Stanford, at that time, had his office temporarily.

38 q And you think the transaction was that you sold the two hundred shares of stock to Mr. Haggin for eighty five thousand dollars, and received thirty five thousand from him, and fifty thousand dollars from Mr. Colton at the consideration?

a That is my present recollection of the transaction.

39 q I will ask you one more question. Did you receive any information that if you obtained this stock, you would find a purchaser for it?

a Yes. Otherwise I should have endeavored not to have got it.

CROSS EXAMNIATION[double underlined in red]

1 q "By Judge Sanderson:" [all individually double underlined] You stated

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