The New York herald., 1869-08-28
TIE ALBANY AVID sUsQuEEiaNa RAILROAD
WAR.
SUPREME COURT. ALBANY.
The Evidence Of MIR. Phelps, Treasurer or tho
Road.

fol0ws:-1hat he was the secretary and treasu-
rer Of the Albany and Susquehanna Railroad.
and had been such since March, 1883; was not
stocKholder; as secretary had had the custody OF
tho books and papers OF the company.
Q. Where are the stock ledgers, transfer books,
scrip book and cash book OF the companyi A. L
don't know.
@. What did you do with thems A. Haven't done
nything with them.
Q. Have you seen them since the 9th lnstants A.
Yes, Sir.
Q. wherep A. AT MI. Henry Smiths ONCE on the
9Th instant
Q. How many times did you see them therer A.
Once.
Q, Did you make any entries IN them at that timer
A. Yes, sir
Q. What entriess
tMr. Hall. counsel for defendants, objected to this
question. and to all evidence belonging to tho books
OF the company and entries made therein
A. Transferred the town or Decatur
q. Have you seen the books snces A. Yes. at
Mr.. Henry Smiths house yesterday afternoon.
Q. Describe the books you saw. A. Two stock
ledgers two transcript books, one scrip book and
one cash book
O. When was the cash book given 20 Mr.. Ramsey
A. sometime IN the week succeeding August I,
gave It to him ana saw 1t on Tuesday OF this week
Q. How did you get into Mr.. Smiths house, A.
HAD n key given me s,1 BY son Of Joseph Ramsey
A. 1 think they were.
@ Was any person In the library with your A.
Yes sir, VIM. Ramsay and Mr.. Van Alstyne
O. Who took the books from the Office Of the com.
panys Samuel Hard took some on the 9th In
stant-l take this back-I don't know who took
o. who took away the minute book from the oface
Of the company A. can't remember.
Q. Did you give any OF the other booksf A.
didn't give any Of the other books.
m M n
since It was taken from lhe ofncei A. Yes, l en-.
tered the proceedings OF the two last meetings OF the
Q. Have any entries been made in the stock
ledgers. transfer books scrip book or cash bookY
A. Entries were made IN the transfer books and
Q. VINO made that entry In the cash BOOK! A.: I
yns on tG s es 5 Of US s Al
Decatur for money paid INTO the ONCE In the neigh.
q. What entries have been made In the transfer
books and stock iedgers since they were remoyedf
A. cannot remember particular entries They
styne this week-Monday or Tuesday. guess.
cannot remember any Of the entries.
transfers from different stockholders to diferent
stockholders OF susquehanna stock.
since they were removed from the office OF the CON-
q. From whom and to whom and wha. amounts
A. do not remember any person who transferred
or any person to whom 1t was transferred
Q. Where are the subscription BOOKS OF the COM
@. All OF thems A. No. Sir; do not think all Of
them are there.
Q: How many are there which are not in the
vault A. do not know.
@. DO You Of any. and If so Of how manys A. I
Quite number the directors have never returned.
q. Which directors have not returned the books?
a number have understood along the Line Of the
road.
OF those books that have not been returneda A. No,
Q. Is the stock Of this company the same as was
outstanding at the last annual electons A. No, sir.
@. In what respect Ia 1t dilreientf A. In amount
Q. what amount and what characters A. 1t ia in
the hands or different persons and has been trans.
ferred since the election; don't remember the
O. In the last annual report the capital stock out
standing is stated at sa.s6l,S ,So3 10. How much
Q. DO you know that there Is any mores A. Yes,
sir; there Is twenty -four hundred shares issued on
the contract OF Groesbeck and others
q. Is that all you know oft A. No; there is be.
tween nine and ten thousand shares; can't give
you all the names; MIR. Ramsey has some. think.
Q. How many has hef A. don't remember; he
got them by subscribing in the subscription book
saw 1t at MIR. Ramseys house on the 9Th Of August
o. Has It ever been In the ONCE of the Company
A. don't remember; have not seen 1t snce
Q. What was there IN its A. several suoscrip'
o. Give the names and amounts A. Can't give
the amount; don't remember the names either; Mr..
Ramsey was one Of them.
Robert H. Pruyn's name was there; can't remember
any other name
other IN: ma nsmei nef A. Not to be certain. '''
O. What is your best recollectionf a. can't
o. what az The total amount Of stock subscribed
in that booki A. Between nine and ten thousand
Q. Don't you know exactly, A. Nine thousand
i've hundred can't tell what was subscribed there
Q. When was that subscription made A. That l
o. Was any money paid on III A. Yes, sir; Mr..
Pr1yn gave me the money for it on the 6th Of Al.
o. In what form did he give 1t to your A. Mr..
Pruyn didn't give 1t, but Mr. Hendricks did, In the
o. whose draft and on whom and for what
amounts A; II was Mr.: Ramsey's draft on D. Groes.
U. Was It paid9 A. suppose so.
Q. Was It sight draIs' A. Yes, sir; haven't
heard from II since
bank and whens A. Deposited on 5th OF August In
Mechanics aud Farmers Bank.
MIR. Ramsey as Presldents A. don't know whether
It was signed oilicially or not
q. To whose order payablei A. think 1t was
James Hendricks aud by him endorsed. deposited
Q. O. Was 1t endorsed in the passbook ut tho times
A. No. sir; didn't have the passoeok with me.
O. What nour OF the day was uf A. don't re.
o. AIwhat hour ana from whom and where did
you receive the draits A. don't remember what
| hour received the draft from Mr. Hernek at his
o. DO you know whose money IT was then drawn,
that is whose money on deposit with Groesbeck
| A Cor A. I don't know anything about that.
q. Was any one present when you received the
| draft from Hendrlckss a. Yes, sir, Mr.. Pruyn.
q. Did either OF them say anything 70 you, and II
| 80 whatf A. Mr. Hendricks said nothing tnat re
member; Mr.. Pruyn said this checK was to pay for
the subscriptions. - .,
o. Wnat subscriptions did he tell your A. On the
subscription book that had seen at Mr.. Ramsey's
house tnat evening.
o. Did you know OF another subscription Of 5000
| shares made by Ramsey IN tne name OF Groesbeck,
| aud n so what do you know about itf A. know "
was made; Ramsey showed me the book
| U. Was 1t the sane book In which the sups0lp.
| tions were enteredf A. No, sir.
| o. Where Is the booki A. gave II 10 MT. RAM
| sey; don't remember when or where.
| q. was II the 9th OF Augustf A. ! think u very
| likely; have no recollection OF II.
Y. What did Ramsey tell you about that subscrip.
| tionS A. The only thing recoect his telling me
| was there was nothing paid on IT.
| q. Look nj the book now shown you ana tell me