The New York herald., 1869-03-23
NEW YORK CITY.
THE COURTS.
SUPREME cuusr-cnAmBsRs.

SUPREME couHT-cnAMBsAs.
Tn. Union Pacific Railroad Litigation-Exam
inatiou OF II q. Durant Continucd-Ths
Books of the Company Ordered 20 be De-
tiyercd Up-Dimcuities in the Way-Adjourn
uent of tho Cnsc.
Before Judge Barnard.
Jagnes Fisk Jr u.s. The Union Pacific Rdilro0f
Companv.--The hearing OF this case was resumed
Yesterday morning. Counsel for the defendant read
the following afidavit OF Sidney Dillon to the eject
thar he is q director OF the Union Pacific Railroad
Company that he Is the president OF the Credit
Mooiller OF America, which Is corporation organ.
szed under the laws OF the State OF pennsylvania,
and that the general onice OF the said Credit Mo-
bllier OF America Is now, and has been since the
organization OF said company in the city OF Phllade
pnia that since the month OF December last past the
sald Credit Mobiiier OF America has had no office or
branch at No. 90 Nassau street, in the city OF New
YORK. nor has it done any business at that place
since that time, and deponent further says that
there are q e dSps Of
No. 20 Nassau street, in the city sof New York. nor
has there been any OF the same for several weeks
last past within the knowledge OF the dep0nent
DepOnent says that he has heard read the afldayit
Of ]. II. Whltmore, made March 16, 1862 In this
tion, and that the same is, In each paragraph and
statement therein, absolutely false and untrue and
without the shadow OF foundation In point OF fack
saving only as to the following points, wiz
\
OF the stockholders Of the Union Pacific Rail
road Company are stockholders. of the Credit
he has read the copy anldavits Of James Fisk, Jr.
In this action March l6 1869, and the affdavt
OF Mr. @. Durant, sworn herein on the 10th day Of
March, 1862 and knows the contents OF the same and
the papers TO which they aude and refer. That the
afndavt Of the said Thomas @. Durant Is in all
spects true within the knowledge Of this deponent.
With the exception OF that deponent was not present
at the time the United States Commissioners ex-
amned that portion OF the road known as the z, and
haas Ef n ia n RaI
ing thereto; but that in that respect hetruy believes
the said atdavit OF the said Thomas @. Durant to be
sanzation Of the annual meeting Of the stockholders
Of SAID railroad company on the 10th OF March. 1852
when any mess ana g1en aaa no
count but speaks OF the same only upon informa-
ton ana belief =
the afidayit OF Charles A. Lombard stated that he
is director OF the Union Pacific Railroad Company;
that he is also stockh0der Of the Credit Mober OF
America; buthe has never been director Of the
latter c0npany thar he had read the copy OF the a
davit OF James Fisk, and also the afddavit or
Thomas G. Durant, and knows the contents Of each
anidav OF Mr. Cisco, also con1rmatory Of the state-
ment entertained in the AFFIDAVIT Of Mr. T. G. Durant,
Mr.. Durant was then examined BY Mr.. Field.
He referred to mistake in his previous tes-
timony, to the effect that the number Of teams
employed was 5000. not 500. de had not seen the
contract with James W. Davis. Davis lived in
Omaha. He had tried to see the books, which would
tell him the amount Of hts dividends but the Sherin
The Union Pacific Railroad never paid dividend.
Q. Why notf Question objected to.)
Judge Barnard observed that the scope OF the In
curry was whether money properly belonging to di
vidends had not been turned over to the Credit Mo-
bler for division among its stockholders tThe OBJ
lection was overruled.
A. Wen, because the road was not completed, and
aS yet no profits had been made.
z. The dividend made TO the subscribers to the
contracting fund was that dividend or profitss A.
The Credit Mobnier made some profits as the agent
OF MIR. Hoxle; the Oakes Ames contract made an al
10 N trnS iS hnf fha
profits TO be for the benefit OF the stockholders
the Oakes Ames contract was made in October,
1867; that contract was authorized by the board OF
trustees; work under that contract commenced i'm
mediately; he presumed the contract was made for
all who assented TO 1t: be supposed all the stock
holders who had paid up Tor their stock had paid up)
ON their stock II received their allotments, except
Brigham Young; the assent OF the stockholders was
obtained soon as possible; the amount Of stock
issued $4,000 600; that had been paid for CASH
no instalments had been called for about year
they then passed a resolution declaring full maid:
there was then no partially paid stock out, except
some on which only ten per cent had been pad they
were compelled to TO pay nye per cent o every six
paid IN; the last call, he thought, had been made
within year.
scrbed in 1867 for 900 siares the stock paid
IN fuils A. At the time Mr.. Fisk subscribed the
board mad called but for nfty-nve per cent? but the
stockholders had voluntarily paid up In full
z. Do you undertake TO say thar the stockholders
had to pay up in fullf A. Except those In default
Ior not paying up the hffy-nve per cent.
Q. What was the amount OF outstanding stock
A. / cannot say; there had been several subscrp-
tions after the drst OF s2,50O,000 witness had him.
self at one time subscribed for LOCO 600 and PAID
twenty-five per cent the amount that had tnen been
called; the Credit Mobilier took S50o00o; witness
had . majority OF the stock originally subscribed:
the Credit Mobiier sold of It's stock; the rest
they mad paid IN full; witnesses had done the same
thing; the company had sold its own bonds: some
times the company paid for the equipment Of the
contractors, AZ being stipulated that the equip
msnt should be such and such; they paid
tractors from $4,000 to $4,000 according
the work; he could not say positively whether the
part on which they paid 900 was that part where
the United states allowed $4,000; portion OF it
WAS; he could not say whether all was; he thought
that sum was paid 70 the Am IN mile post! the con
road and engineering, and not with regard to tho
allowance from the government: some paris OF the
road cost three four times the government allow
ance: had not been his Intention TO provide for
the contract as 10 leave E<sduum for the stock
holders, put me ~ hrst mortgage bonds and sub,id
road, and were applied TO that purposes 000, 900
OF the land grant bonds went for the same
purpose: portion OF these first mortgage bonds
were deposited with the government as security;
witness did not know how many locomotives were
disabled the largest number In the shop at one time
was nineteen; ne thought 100 had been built; they
were receiving an average OF eight or ten locomo-
tves month ana fourteen cars a day; some were
made IN Detroit and Chicago, and he turned out
four cars day himself at Omaha. Il not TO their
interest 10 have short curves; witness had made
conraos ror or ess1 ops an ss ney SoIa S ges
coal from everybody they could get lt FROM their
present supply was about two months supply: n
proposition was submitted to the company by some
gentlemen proposing 10 form wyoming Coal Com
pany, but II had never come TO any result.
Y. Are there any members Of Congress interested
Ia the Pacific Railroad Company A. There sew
eTal stockholders.
q. Cite us their namess A. Oakes Ames.
q How many more members OF C0Dgressy A.
don't know
q. Has any money ever been paid by the Credit
Mobilier or by the Union tactic Railroad Company
70 any member OF C0ngressY A. Not that know OF
would be very likely To KNOW n there had unless It
occurred recently.
Y. Is any member Of Congress interested In any ol
these contracts A. Dakes Amcs Is.
Y. Did you ever hear at any meeting OF the board
any discussion concerning the interest OF members
OF Congressg A. Not 10 my knowledge al any meet
ing OF the Union Pacific Railroad Company; he did
not Know OF any property m this State belonging
the company, except what was hypothccated for
loans; they were under charge OF A special commit
tee tne Fourth National Bank had made loan, he
thouRht OF about 100000 c0llaerals: he did not
know what collaterals; he thought there was loan
by CISCO sons; witness knew they owed borrowed
money; bevond the coleteras he did not know OF a
dollar OF property except what was the SALE oil
which the Shern had tue key he supposed the books
would show; he could not tell