Central Pacific Railroad Company Lawsuits

[top left margin:] 15

"& Co. seven certificates of C. P. R. R. Co. [Central Pacific Railroad Company] "stock namely numbers 858 to 861 for "fifty shares each numbers 864 to "866 for 100 shares each. 500 shares "in all. Which be good enough "to transfer to the name of Wm "H. Aspinwall, in lieu of the above "seven, Please issue fine certifi"cates of 100 shares each — and "forward the same to us — "through Wells Fargo & Co. We "remain yours Respectfully. " "Office of C. P. R. R. Co. [Central Pacific Railroad Company] Sac. [Sacramento] October 16 - 1867. "Received from the C. P. R. R. Co. [Central Pacific Railroad Company] — "certificate of stock; 982 for 100 "shares; 983 for 100 shares; 984 for "100 shares; 985 for 100 shares;986 for "100 shares. All in the name "of Wm H. Aspinwall

[caret bracket] signed [caret bracket] Wells Fargo & Co.

Ques 43 — By the endorsements on these certificates you have produced, you were constituted the attorney in fact of Mr. Aspinwall to transfer that stock; To whom did

[top left margin:] 16

you transfer it?

Ans. Well to D. O. Mills & Co.

Ques 44. Please look at your books and see to whom it was transferred from D. O. Mills & Co.

Ans. It was transferred to Leland Stanford November 28th 1873.

Ques 45. And remained in the name of D. O. Mills & Co. from the time it reached your hands until it was transferred to Leland Stanford?

Ans Yes Sir.

Ques 46. Is that as to the whole 500 shares that stood in the name of Mr. Aspinwall?

Ans Yes sir.

Ques 47. Now as the 287 shares that belonged to Mr. Wm Paton — Please produce the certificate of that stock.

Ans. The witness in answer to this question pro-duces the certificate book showing certificate No. 607 for 50 shares dated Aug 24th 1865 — on which is endorsed the form of endorsement —

[top left margin:] 20

stub, were all sent to A. G. Agnew. San Francisco.

Ques. 55. — This certificate 610. I am inquiring about, was endorsed to the Contract and Finance Co., was it not?

Ans. — It was.

Ques 56 — These endorsements to the Contract and Finance Co. upon all the certificates produced, that were issued to Wm Paton, Thomas Paton, and to A. G. Agnew are all your handwriting?

Ans. — The name "Contract and Finance Co." is filled in, in my handwriting.

Ques. 57 — These certificates of transfers from Mr. Aspinwall to D. O. Mills, in whose handwriting is the body of the endorsement, the name of D. O. Mills & Co.; E. H. Miller Jr.?

Ans. — The certificates numbers 982, 983, 984, 985, and 986, are in the handwriting of E. S. Miller Assistant Secretary of the C. P. R. R. Co. [Central Pacific Railroad Company] of

[top left margin:] 24

Co. of Cal. [Central Pacific Railroad Company of California] in the name of the Contract and Finance Co., was transferred on the new books, which were opened, of the C. P. R. R. Co.[Central Pacific Railroad Company], the the same corporation, the Contract and Finance Co.?

Ans. — Yes sir.

Ques. 72. Well, now from that time what was done with the stock of the Contract and Finance Co. in the C. P. R. R. Co.[Central Pacific Railroad Company]?

Ans. — It was transferred to Leland Stanford, C. P. Huntington, Charles Crocker, and Mark Hopkins.

Ques 73 — I ask you from whom you received the certificates that stood in the name of Mr. David Stewart. You have said that you could not remember. Can you remember from whom you receiv-ed the certificates that stood in the name of Mr. Aspinwall, Wm Paton, Thomas Paton, or the Agnews?

Ans. — No. I can't remember; I don't remember.

Ques. 74 — Are you familiar with any purchases of the stock of the

Leland Stanford, aged and up= wards being duly and publicly sworn pursuant to the directions hereto annexed, and examined on the part of the de= fendants, doth depose and say as follows:

Mr. Sanderson.

Q 1 State your name, age, occupation and place of residence?

A. My name is Leland Stanford, age. 56, residence San Francisco, occupation railroading.

Q 2 Do you know the nature of the cases in which your testimony is to be taken?

A. I think I do, substantially.

Q 3 What do you understand to be the cause of action alleged in these cases?

A. I understand it is a claim by the plaintiffs against C. P. Huntington, Mr. Crocker and myself, and I don't know whether others or not; based upon the purchase by C. P. Huntington of Central Pacific Railroad Stock of the plaintiff.

Q 4 Do you know of any of the parties plaintiff in these suits: if so who?

A. I met Mr. Aspinwall on a few occasions

[bottom left margin:] 2