The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-01-17

whether he specified the whole or part? A. cannot
or the most az Understood from him that was all sold
e.nen a. u was one or the othsr O. Had you glven
nm NM any directions already them before 4. was
directions to sell t. O. After the passage Of The irst
resolution Up TO the tImo when you met In Mr. Dun
you have stated had You given NJ tracy no d,rectons
In regard 10 themf 4. bad given no directions, o.
even MN any authority in regard to thsmi A.
sequsscel m VIVA. he was doing. O. Did he tell you
VIVA. ne was donga A.. lie mentioned to me at di,er-
Sns lines what he was doing @ wha. did he say he
ali that 10 tod yoas yer q 'sS stock ma Is Is a1:
you tho prey A. canno, say that ho told mo the
y a s,r = Nero you not Informed d tho price whom
yoa were informed CT tho saoP A. I was informed OF
ABOUT ABOUT VIVA. was being dono knew about what was
n 0vns y 70 mo price @ What the informa.
or another do not recoect tho ngures d But what.
eyer eyer inc price was you were told, you thlnks "A
Whom did you receive tho information OF tho rrIcea
Ior which tho stock was sold? A. From tmo to time
eaa you sas any Q, The prices that Dir Tracy rep
now SIR. 9. Did no inform you that there wero any
sofa previous 70 tho month OF December at ali?
a. ! thins no dd, sir. . In the month OF November
did be say there were sales A. think So BAT cannot
gay positively. Q. Have you any remembrance, or
means OF refreshing your memory in that resnectg
nave no remembrance, and only means / have OF
refreshing my memer5 Is 10 think OF Circumstance
.nas might refresh my memory on that subject. G. Can
you 40 so noWr A. cannot; no. sir. Q. Was there
sny reason Why's WHOM the stock was soli Ii was not
delivered! Wei did no, manage tho sale OF tho
".
Do you know whether there was or was not any reason
why tue delivery Of the Stock dd not Immediately fol-
,9w upon ae saesf Me- cir; do not know ahy it
Information upon the suoectY A. had no informa
tion except from conversations that Mr. Tracy had
mo ~ different umes. O. What were those conversa
uonsY A. Meutt,ning what he was doing Q Did no
ten you he was senng ana not deIiverings A lie had
SAID 80 TO mo Q. Did he give you any reason why he
was doing thatG A. No particular reason G. Any Tea-
son not Particular A. have recollection Of any
particular @ Did he give you envy reason what
a. L nrali anf nf
ms 81. ling any reason why did not deliver O. Did
you nave no doa yourself why tho stock was not delv-
no did not want to deliver the stock; had
somo reason for II. Q. Did you not think
o. ihiaTing what the reason VAS had no particular
interest In Il, excepting to do what thought was the
pest acting az director OF the company. q Did you
tbhK was best TO sell stock ard deliver IL at tho
time OF the salcl A. Wel acGuiesocd In what was
done by Mr.. Tracy without advising him to DO so or So
O. ask you FOR the Of yoGr actioa MIR D)wsY
iOJccted to- A. had reasons except 10 do what
thought IL was my duty TO do. Q. VIII you explain In
what respec. you thou I'M IL your duty ohays tho stoc
sod a, one tins aud delivered another A. Because
thought should the into.es of tho CORPORA.
ton better m that way than any other. q. In
the Interests OF tho corporation? A.. In whl. wag?
les Question rcpeatc1l A. rc obtain ,he money
max yon would get better Price By selling one
time and delivering Of another? A. canno. my that
thought Of ht. Q. Al the tms OF sails had tho cor
poiatlon any need OF money! A. they had u, rood of
money for immediate use. as far "a know. @ Waon
was tho money TO be needcds A. IN my opinion, as
fast as the road built. q. when would TIE time
occur demanding an expenditure OF malteyP A. should
how soon. o w',lin ycare A. On. yes, within a
mouths. Q. Demanding expenditure OF how
muchy a. could not answer that for you.
this money! O. Ye., sir. Il. No. sir: 1t has not been
required yo. @. Anl it IS to be required within the
next few months: that yol know A. Not 70 my
knowledge. @ Can you now, sir, eiFe any reason why
the STICK was sold IN November, The early part Of
nscGaGfr AID no, delivered up with
cent what have given. g. Were any means takon to
ina', tho price OF Tho s.ooh' O. Not That know of,
sir We're any means taken to derrsss the pr or
tho stocks A. Not that know OF, sir. Q Did Mr.
Tracy inform you Of the receipt Of tho money the
informed me- that no had received money;
caunot speak as 10 the whole amount bat ia, no hal
rec ve money Tor II ock and paid il II o. the Office
Has all tho stock been paid forf A. That could
not cay sir; | don't know @ Hsvo yon been In
iormedr A | have not boon nforneI--no. sir q
received tho money! A. So lar a. rnSw, sir. O
Wien paid isto the Office tho money received 70, tho
oiices in Tho on . with tho treasurer q was Il de.
Ios ia Ia bankY A. il placed IN ,hc hands OF the
b,nkY A. presumed It was in tho bank; lie was
the treasurer aud must have place 10 Keep il.
Q Does n draw on, on bis thocks the olcors
OF ,nc companyY As treasarof, sir O. without
anib,dy coun.r-sgnns tho checks? A. DO ask me
from my own tno"icdse-from what know? Q. Cor.
al 'iy; from your own knowledge a director. A.
do not know, sir; never him fi.n a check G.
Have you yolrelt authorized any deposition OF tho
money to be made2 A. You speak o. NV Gathoi z.ton
myseifs @ Yea A. Ma, cir, | haze not. O Hava
yuu an orlcer or the company, In any manner au.
iho.zed or sanctioned any disposition Of lhe rrp.
fort nine thousand shares Of s,ock7 A. Yos.
A Not TO ny knowlcdga sir, ony 70 Keep 10 safely:
work done. or ~ anylniag cseY O canno. explain
TO you wha. mean hout pa.ting tho question
what do you mean By keeping 1t safely; whom did
you direc TO keeo l. snolyS !. directed moody to
kocpit siteiy. Q Did you fivo any directions IN re-
como Of ~ A. d, no. know Of my own kn twIcdSc.
O. Have yon inlliredg % dos,el to, A. / Gqu.fct
OF ,hc & atager Z no had reci ed the money TOR tno
sok u ani delivered. what had becn cod aud de-
| vrfcA; 10 tod me he had; that Is sons time ago
@ How ng ngo vas ,.at A. ! shoeld think Il eas
tho last days oi December Q After that did you
inquire u 10 had the money stiil? A. No sir; 10. of
tie treasurer. q. Have Yon OF any ono! a. No, sir;
havo made M part caiar inquiries Of any one Have
you nado any Inquiries whaoyer OF any person respect
Ing the pro eat cyn1I on place OF deposit Of that
m)aey2 have not inquired plr9niary OF any one.
Yes sir. q y! whom A. Of The treasurer. a. WGep2
A. Tue later part OF Decenibcr q what IN orInatloa
old you rep A. No othor Information than tliat
h, bad money bel'nging 70 Tao ROCK Island
Railroad Company -hc onsins 70 IT, g. Have Won aay
OF that money! a. have no definite Information as
to where il deposited. q. j. Il deposited auywhereS
a. or n.y. o1n kuo@iedcc DO not know that It Is do
posted ay ehere u must 10 dspcsited some"Aerc OF
coars, q lave yoi any Information that Il q; depns
TOD auywhereg A. Tns only uicrna cn hasc i that
IN. money vas raid our treasurer sni that Ia do
posts money in thc bank of which 10 Il presdeat
who're Il nos, "a OF u, oras much IA u tare. e-anot
tel witroJt inq ny O. You have ~ Jrma.Oa IN tic
suheci u0s2 A. No, sir; have uut asked IA csafi
the particulars VI H. q Have you no Information
you might b. told without estlag-havo you any IN.
formauea the sohjsct2 A. Yss, arr have beoa in
forucl q. What - too inlormatlcnf
DefsrieDts counsel oajcoed and ADVISED the "i!ness
not 10 answer.
wress--Undor tho advice OF my counsel mug. do
cline answering the question.
&. Dc you sasw wi no tie money Is now L. whenI
asked him
DO eniap;s counsel--YoG arc asked II you know of
your own gnowea.o.
Nincss.-Na. sir; do not
Tho ctc thOn adjourned.