The New York herald., 1869-04-06

subscription Of i've thousand shares OF said stock for the
rendered the of said road the same Identical
srpon and did no, Offer deen tender than the cheeks
aforesaid That, Immediately aerward nnding that said
through the form Of subscribing i've thousand shares Of
q n ass
that deponen did lend did said Fisk borrow
OF Ss said or any other large
further says that said checks neeapon and within
few minutes again offered and rendered the treasurer of
parties TO the stock Of the company un without the pay
through the form drawing new Checks ior
aeou! s2eo9vO were no@Snaly made to the stock
$4,000 FURNISHED by the the dep9qen and his associates
being BY the company grounds which
Ses sissd & upon said aid 80 made
as aforesaid Deponent further says that other large sub
the same time BY Messrs Alley Dillon Blair and Others,
h M a aTe aeyr Seem %
valid The deponent had previous to said New York sub
subscription there the stock Of the said company and said
FISK proposed mat deponent Would employ friend
to- gave the io FOR his seat him Gh
s5Jf his services thai While Chicago deponeni
ton the OF Fisk for 5eo more shares and
hh dor & some % sum IN sSw e Irs "a % s
was eJeced by him as not being money within the require
and said pretended subscription was wholly invalid and
sV a tk has r amy OF what
no stock or in said comuan 70 the extent Of dollar
claim arises from and out OF the aforesaid farcca
upon which said Fisk now claims TO have large pecuniary
interest IN the stock of this Deponent further says
8!O0 any other whatever expenses
alleges be the cause OF his present persecution Of the
Union Pacific Railroad Company deponent believes
depose and say that each and every Of the material aega
plants is and are Absolutely false and Without SUBSTANTIAL
iOnndHiiOn in fact and The material alterations
y Ty se9eeT . was apponed BY this court are IN
Of The the Teea
with the Pacific Railroad Company and in regard to the pro-
h received or paid or agreed to be paid to the Credit Mo-
wholly without foundation point that the facts
are follows, and not otherwseThe arst contract made
company, long after 1t was made and after much Of he
biier Of America which company agreed to become the
agent Of The and TO advance the money necessary
Mobilier advance large of money,
Whole pr'cs @
Union Pacific Railroad Company was ended Except that
tractor in the year 1906 and from that time to the
said Union Pacific RaoadCompany either for the building
@ bo ar m 1872 and ea S 'e & N s e
plant Of them in this action to other differ
and false and without the senbancc OF That the
- All or which Wes naid d" in cash. beb was snbe o
gaenty Increased $4,000 That erganiza
OF 81. per cent and more and its present assets do not
ment of work on the line of said railroad its bona M stock
n9e were & w II number not I in all sixty
continued to be the largest stockholders and
was made under which the rst "a niles Of the road
was there was no rswsy connection for
to be built through new country destitute OF resources for
finances of the country in unsettled state, iron and
very great natural Obstacles to be That soon
became necessary to call upon the directors for very large
the road, frequently advances made by d
S All % IL, % ~ d MI iaSi, That n he ysar ~ iss1 ba
apparent that unless the principal parties In interest In
would be seriously retarded aud after fun consultation with
but nasmuch supposed that this contract aioush
Of tie soSshoders might be deemed p o5jeconaSe
thai should receive the express sanction OF the stockhod
es 81 The that @ ea s Pre- sas snd @
made 1t believed to be essential for the interests OF
should completed without the usual delays Incl
SS S 70
the natural obstacles TO be overcome and to this lbeay
eases Of more than double the 'S Original es.imase .
That the said contracts separately and as whole have
been wise and prudent and well eonsdered not only in the
bondholders and stockholders Of the railroad
Gnicd states allowed subsidy Of sss per nile for grad
Ing and Of se road the contractor
by means thereof and through the devoted energy Of the
Ing Only the pain In this acon Representing STOCK Of he
value OF s2 and through and by means of the enormous
advances OF money and credit tat times of hazardous
charaeter) made by the under and upon the
has 6eea praSiicay That the road %e Snd
built aud well eaupPed and Is in both respects
within the limits Of civilization, while this gigantic under
before encountered any similar undertaking in this
country That equally good an favorable eonsrae': for the
has prosecuted could no, have been made with any
boldeT that taking the actual Of the railroad
total profit. earned Or paid agreed % be paid %
being the extraordinary hazards and risks pecu
ercss 1surmountabe grea, as are
% and Prd 1 upon o ,s ,S 10 the
who have Full and complete knowledge of all the facs
cost Of the work done and under
tracts which are now sought TO be inyaidated Deponeni
paint Of one Henry f. Comb asanst The Credit Mooi-
statements are erroneous and Untrue in aci
D'''' apr" , '' $S5SSfLfSs 5; Ers4SELL,
siDSEY sHDhAs DILLON, 81 Z ssAN''
JOHN B. ALLEY.
The Case Before the Refcree-Bxa r,ination
OF John B. Alley.
The examination OF witnesses before Referee Mr.
A. A. Rcd1eld was resumed at the Offices No. 20
Nassau street counsel arrived there from
the Supreme Court. The only witness called was
Mr. Alley, whose examination extended to past five
O'clock when an adjournment, after some contest
for II, was at last conceded.
John B. Alley, st0ckholder OF the Union Pacific
Railroad Company and OF the Cr6dit Mobilier Com
pany OF America, testlhed:-He was present in the
supreme Court when the atfidavits OF Mr.. Durant
AMI Others were read; remembered a statement In
Mr. Durants aiiidavlt that the Credit Molslier
Of America had paid two dividends OF six per cent
each; believed to the best OF his knowledge, that
that was true.
by Mr.. Field-Have no profits been divided In any
way among the stockholders OF that company ex.
cept these two diydendsS A. should think not
understand 1t; my explanation Is this-that
contract was made with certain parties who were
stockholders In the Union Pacific Railroad Company
subject TO the OF all the stockholders OF the
nnrnnnnH and Inc nrnnta OF TINT cnnlr1rt ,,nrr 10