The New York herald., 1869-04-03

"A. Know
the parties named In the contract. l am speaking
Q. which do you mean by the present contract
@ Do you not know that the directors OF the COM
pany are now carrying ont or receiving dement's un-
| der the Davis contracu A. do not
z. Is Davis carrying out the contract himselff A.
q. Are yoa paving money to HIM on account OF III
A. / honor drafts which are drawn by Mr.. Kennedy.
Q. The contractor. Mr.. Davis. Then 80 lar as you
nave any knowledge or Information Is DAVIS pst @ .ne
person solely interested in and executing tnas con-
tractf
Tracey objected.
as well as his knowledge and also asking Tor such
information and knowledge In respect TO matters
which belong to witness.
Referee sustaiDs the objection.
O. Is Davis the person solely interested In exc
cutting the contract. A. don't know whether ne Is
| or not.
O. Have you received any information on the sub
leci from any OF the directors OF the company de-
OBJECTED TO- because there are over twenty de-
PENDANTS in this case and this s against
Company and the Credit Mobier OF America,
neither OF which ID bound by declarations OF de-
fendant
Objection overruled and exception taken.
A. Don't think have
q. When you make payments what vouchers 90
you receiver A. pay acknowledged drafts.
2. without any other voucherf A. nave no
other voucher.
company for the paymentY A. do not know that
there 49, payments are made on monthly estimates
/.
q. Are these estimates transmitted to you before
paymentY A. Not to me.
Q. To whom are they transmittedf A. To Mr.. II.
c. Crane.
@. What position does he hold in the companyS
Q. DO you mean that you pay the money Of the
company draft OF one who Is not an officer, and
the estimates Of the chief engineer, transmitted
to one who has no connection with the company
A. No, Sir.
Q. What authority have you, then, for the pay
mentP A. The engineer certifies to the work, and
fha mn % maid n
engineer
Q. TO whom is the money paidf A. To the parties
O. who are the parties who hold the drafts9 A.
The parties who cash the drafts out there.
Q. Is all the money drawn used in the construction
and equipment OF the roadf A. do not know, am
sure
.. Do you not know that there are large profits on
the contracts-that Is to say that the amounts re-
ceIved by the contractor largely exceeds the ex-
penses Of executing the contracts A. do not
Q. Can you get at the books in the safer [ob-
jected to; objection overrued.l A. No.
@. WHAT is the dlilicultyp A. The door is locked.
q. Where is the key2 A. The shern has 1t.
9. Can he unlock it2 A. do not know.
hands of Benjamin G. HamY A. do not
@. DO you know Benjamin +. Ham? A. do.
Q. Where Is he? A. do not know.
q. When did you last see him a. Eight or ten
q. Has he been in the city within that timer A.
O. Are not kilograms sent to Ham from your
office daily? A. Not to my knowledge.
q. Is there teegraphc instrument in the Officer
A. i believe there is.
Q. DO you not know there isY A. do not
Q. DO you not know that ness messages are are
odiee by telegraphlc instrument A. am
not aware that any telegraphic dispatches
by instrument in the office. We have frequently tee
graphs received Dy messengers.
O. BY what line are teegraphc messages sent and
received between the company and It's agents on the
road A. Western Union.
Q. BY what line telegraphc messages sent or
nd hatt a anh
stated just that was not aware messages were
sent to or received from him.
O. Has any particular clerk or officer OF the COM
pany charge OF telcgraphic messages? A. No.
O. Has an officer or clerk OF the company Deen sent
to Jersey City to communicate with Mr. Ham. A.
Not to my knowledge.
Q. Has any communication been made to or re-
ceved from Ham In the last ten daysS A. Not 10 my
O. viii the books in the safe enable you to answer
any Of these questions that have put 10 you that
you have been unable to answer
Objected to- First, 1t asks for an opinion or judg-
ment OF the witness; second It asks for his knowl-
the last five minutes the receiver has announced
that he has opened the safe.
on hearing this announcement plaiptir7s counsel
withdraws the question and asks that the witness
produce before the referee the following books
First the SUBSCRIPTION books second, the book
showing the contracts and who are interested in
them: third and the book showing what property
has been received from the United States and what
disposition has been made OF them.
At this point Mr.. Field asked the referee to direct
Mr. Tweed, the receiver, TO produce, first the sub
n.
containing the contracts
PLAINTIFFS counsel say that any person who inter
feres with the books OF the company Will be treated
trespassers.
The receiver appears before the referee that he is
in possession OF the books OF the company.
The referee directs them 10 produce the books
above.
The receiver produces first stock ledger; second,
marked cash books OF the Union Pacific Railroad
The receiver Informs the referee that belongs to
the Credit Mober, which the referee directs 10 be
brou vht before him.
question to Mr.. Tutte--win you look at the cash
books before you and point out any entries OF cash
paid on the Credit Mobiler OF contracty Objected
to on ground that the question implies that there IS
no central question charged as follows
WIN you LOOK at the cash books before you and
point out any entries OF cash paid the contract
performed by the Credet Moblier9 A. In the year
1865, $142 337; not that the footing right:
The receiver announces that he has the books Of
Credit Mobier OF America Mr.. Bell objected TO any
statements being made by the receiver 0verruled j.
Journal dated August 81 1861, TO April 30 1865. Ten
pages or written matter.
J. stock ledger OF Credit Mobilier showing that
account commences November 1, 1864, one page and
ending December Il, 1864; 5. Journal Credit Mobier
OF America, commencing saturday, May 20. 1868,
dated Of st entry August 81 S paSe
twentyseven aud date OF last entry lhrst heading,
railroad Iron; last entry September 80, 1861 page
fifty.
Mr.. Tweed says stock ledger OF the Credit NO.
bilier OF America.
find the names OF Charles NJ. Hall, Oliver Barnes.
T. G.. Durant, Geo. Francis rrafn. George r. NJ
Davis, trustee for W. DAVIS Train. Those are all the
names in the stock ledger.
r. c. Durart November 2l, 1854; Mr.. Tram Novem-
ber ~ 1864; Mr. French, November q, 1854; Geo. T.
NJ. Davis November II. 1864. Receiver stated that
the items-RaIlroad iron, $685., ,000 OF chains and
spikes, ss,642 &C., transportation account $3.50 SO;
turn table S3,050; equipment account, not footed
telegraphc account not footed; incidental not
fooed.
The Union Pacific ledger is Ledger A. Last entry
II December 81. 1858.
Question to Mr.. Tutte-How much was paid ON
the Ames contractH A. i can't tell under some
hours OF examination.
II being then half past six O'Clock the further hear.
ing OF the case was adjourned TO ten O'Clock this
morning.
POLICE TRIALS.