ENPages That Mention Mr. Miller
Edward H. Miller Jr. Deposition
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the complaint?
A. All the knowledge I had on the subject of the defendant's having purchased it, except I had heard so before.
Q. 23. From whom?
A. Well, I think from Governor Stanford, or Mr. Hopkins. It was a general talk among the directors of the Company. I cannot remember which one spoke of it.
Q. 24 When did Governor Stanford tell you so?
A. It was along about the timie [time] the purchase was made. It was talked of generally among the directors of the Com-pany, and I understood at that time that the defendant made the purchase for the Company; but which one or who said it I cannot now remember
Q. 25 What time was that, Mr. Miller?
A. I cannot fix the date. — Either in 1869 or 1870: I don't know which.
Q. 26 It is important to determine which.
A. I do not know of anything by which I can fix the date.
Q.27 In what relation was that conver= =sation had between you and the directors of the Company?
A. It was in relation to general talk about the purchasing of the block, and
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of $13,000 or thereabouts, were sums that had been used, during a period extending over some years, in and about the busi= =ness of those companies by the defendant, who was the president of that company?
A. It was not.
Q. 132 From whom did you get the inform= =ation, Mr. Miller, upon which you made that charge for the use of the schooners "Elko" and "Truckee"?
A. I have not any positive recollection about it, but I think from Mr. Towne. My impression is, from Mr. Towne.
Q. 133 You mean the general superintendent of the Central Pacific Railroad Company?
A. The general superintendent of the Central Pacific Railroad Company.
Q. 134 Did you ever give the defendant any receipt or voucher in settlement of his account that offset that Exhibit "A"?
A. I do not recollect doing it, but probably did.
Q. 135 What do you know, Mr. Miller, re= =specting the matters alleged in the complaint as to a contract between the plaintiff, or the Western Pacific Railroad Company, and the defendant for the purchase of coal?
A. I do not know anything, of my own
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were not paid by the Central Pacific.
Q. 153 [Gives witness a letter:] Will you look at that letter, Mr. Miller, and state whether or not it is signed by you, as secretary of the Central Pacific Railroad Company?
A. It is.
Q. 104 Does that relate to the hire of those schooners in part?
A. It does.
Q. 155 And the other part relates to the matters embraced in Exhibit "A"?
A. Yes.
Ex. "B." [A copy of the letter is offered in evi= =dence, marked Exhibit "B."]
Q. 156 Can you say how long that charter of the schooners "Elko" and "Truckee" continued?
A. It continued until the defendant purchased the schooners. I cannot fix the time.
Q. 157 Until the time of their purchase by the defendant?
A. Allow me to correct that: I am not positive of that.
Q. 158 Give your best recollection.
A. The only answer I can give is, I cannot recollect. I am not certain but they were laid up for a certain time before the defendant purchased them.
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David Stewart vs. C.P. Huntington
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of showing at what date the stock was issued, and when it was trans= ferred from the names of those different persons who are plaintiffs in these actions.
A. I cannot do it to-day as Mr. Miller, the Secretary, has gone. You can get the books when the Secretary is here, without me.
Q. 240. Then the books will be produced for the purpose of giving that information before your deposition is closed?
A. I have no objection to that that I know of.
Q. 241. Can you state what was the Capital Stock of the Central Pacific Railroad of California, when it was first incorporated?
A. I think it was Eight Million five hundred thousand dollars.
Q. 242. Can you state at what time it was increased from eight mil= lion five hundred thousand — if it was — and to what amount it was increased?
A. I cannot state the time exactly: but it was discovered that the Capital Stock was not large enough
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Monday September 6. 1880.
Re=cross Examination[centered] of[centered] Leland Stanford.[centered] (continued)
Q. Do you produce the stock-books of the Central Pacific Railroad Company of California, showing what stock it was that was issued to the various plaintiffs in this action, and to whom, if anybody, it was transferred?
A. I do not, for the reason that the Secretary is absent and I have not had time to examine the books myself.
Q. The Secretary is Edward H. Miller, Junior, isn't he?
A. Yes sir.
Q. Will you instruct the person in whose custody they now are, to produce them?
A. It will be necessary for me to confer with Mr. Miller about it, who is absent from the City.
Q. Please look at the paper now shown you, and say what it is.
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