ENPages That Mention Mr. Wilson
Crocker, Stanford, Miller
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Called as a witness for the plaintiff.
Mr. Joice: I propose to have Mr. Crocker sworn as a witness
Mr. Wilson: Counsel on behalf of Mr. Crocker and the other defendants in the case object to the examination of Mr. Crocker as a witness at this time, on the ground that the examination of Mr. Miller has been commenced, and is not yet completed. Mr. Miller is present, ready to proceed to finish his examination; after which the other witnesses, including Mr. Crocker, are ready to be examined. We object to the examination of Mr. Miller being broken at this time for the pur= pose of examining another witness.
Mr. Lake: We are ready to proceed with Mr. Miller's examination, provided he has here the books and papers which he is subpoenaed to produce; otherwise we propose to take up Mr. Crocker, and examine him as a witness.
[Subpoena produced, and read.]
Mr. Wilson: Counsel for defendants say that when Mr. Miller is called, they
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will give a proper response on his behalf, to his call. At present we advise Mr. Crocker not to be sworn or to answer, in the midst of the examination of Mr. Miller, until it is finished; and, on behalf of the defendants, counsel object to Mr. Crocker being sworn at this time.
Mr. Joice: Mr. Crocker, do you decline to be sworn in this case now?
Mr. Crocker: Under advice of counsel I do, sir.
Called as a witness for the plaintiff.
Mr. Wilson: All the statements made by defendants' counsel in reference to Mr. Crocker, and all the objections in re-gard to his examination, are made in reference to Mr. Stanford.
Mr. Joice: Governor Stanford, will you be sworn in this case this morning?
Mr. Stanford: Under the advice of counsel I decline to be sworn.
Edward H. Miller Jr. Deposition 2
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account Contract and Finance Company, $4484: making a total of $14,418.58.
Q. 599 Mr. Cohen: Are the items which you here give an explanation all the items shown on the papers known as Stanford's Reports of January 20,1868, and July 29, 1868?
A. They are not all the items shown on those reports; but they are all the items that are shown on that report as disbursements which were charged to the Contract and Finance Company.
Q. 600 To whom were the other items charged?
A. There are so many I do not remember.
Q. 601 Mr. Sake: Is there a separate footing on that report of the 20th of January of the sum of $16,634.08?
A. There is not. The items are sca= =tered throughout the report, under differ= =ent dates; the report covering from November 29, 1867, to January 9, 1868, at leas: I don't know how much more.
Q. 602 Do those items purport to show moneys expended belonging to the Central Pacific Railroad Company of California?
Mr. Wilson: We instruct the witness not to answer questions as to the contents of that paper relating to other matter.
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A. I do not remember that.
Q. 608 Why did you make it up?
A. I do not remember.
Q. 609 Did you charge the whole of that money to any account?
A. To some accounts: to various accounts. I did.
Q. 610 Did you charge it to accounts which, all together, purport, to account for ex= =penditure of the moneys of the Central Pacific Railroad Company, or on account of the Central Pacific Railroad Company?
Mr. Wilson: We make the same objec= =tion, and give the same advice to the witness.
A. I decline to answer, under advice of counsel.
Q. 611 Mr. Sake: The question is intended to be: Did you charge the whole of the sums included in that report to accounts which purport to account for the whole moneys are moneys of the Central Pacific Railroad Company, or on account of the Central Pacific Railroad Company?
A. Well, that I do not remember, and "I"[scribbled out] do not know.
Q. 612 Then you prefer to change your answer?
A. I will change it: — I do not refuse to answer. I do not remember, and do not know now.
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to answering, and before you resumed.
A. Five counsel.
Q. 621 Why do you object to giving us "the"[scribbled out] all of the items contained in that report?
A. I object because my counsel advise me not to give them.
Q. 622 On what ground?
A. I did not ask them why. I asked them for their advice, and they gave it to me.
Q. 623 Did they give you any grounds or reason for it?
A. They did not.
Q. 624 Why did you ask for advice on the subject?
Mr. Wilson: You are not bound to state that, Mr. Miller, if you do not want to.
— Mr. Miller's counsel advise him that he is not bound to answer that question.
A. I decline to answer, by advice of counsel.
Q. 625 Mr. Sake: Are there any items in that report, aside from what was charged to the Contract and Finance Company, which purport "an"[scribbled out] to state an expenditure by or on account of the Central Pacific Railroad Company?
Mr. Wilson: Mr. Miller's counsel here advise him not to answer the question.
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