The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-04-16
SUPREME couNT-srsclAl TENN.
The Union Pacific Railroad War.


corn Exchange Bank.-The examination o! wit
nesses before the referee in this case WAS resumed
Yesterday at three O'Clock p. N.
MIR. Clark Bel appeared as counsel for Crane, Mr..
Tracy for tie bank and Mr. David Dudley Field for
the receiver.
EXAMINATION OF Mr.. EDWARD W. prNHAM.
Edward w. Durham, president OF The Corn Ex-
change Bank, was the first witness called, and to
the question if Mr.. II. C. Crane kept an account
with the Corn Exchange Bank answered "ies."
BY Mr. Field
O. What Is the amount OF Mr.. Cranes balance in
that bank? A. sl,2.o II after paying a cheek OF
S2,50o which paid this morning on the order OF the
o. What was tie balance OF that account at the
time the injunction was servedf A. $3.50 II was
Q. Have you oniy one account with Mr. Cranei A.
Only one.
Ing the last month"; "A. No, sir.
q. Has tie Union Pacific Railroad Company an ac-
count at your bank?
This was objected TO on the ground that it was not
by the order OF the referee or any Thing con
tained In the complaint or IN any OF the afdaVls In
Referee sustained the objection.
Q. Has the Union Pacific Railroad Company any
money IN your bank
objected to by Mr.. Bell the ground that this Is
improper and incompetent here as this IL an action
against Crane and tie bank; ana the inquiry here is
as to certain debit or account standing III the name
VI the defendant Crane.
Mr.. Field read the order OF the referee to the re-
ceiver. He then read the aildavits OF Mr.. Durham
and OF Mr.. Crane they appeared in yesterdays
HERALD report.
Objection overruled.
A. They have not to my KNOWLEDGE
Q. Has Mr. Crane ever made any loans 10 the Corn
Exchange Bankf A. II making deposits IN the
hank to his own ere 1t be loan he has, not other
wise.
o. Has he On deposit in your bank any bonds
against which LIE draws checkss A. No, sir; he has
o. Does he draw checks against any bonds OF the
Union racidc Railroad there depositeis A. lie does
not against any bonds whatever.
tho hanE a.
None whatever, except the deposits Which he makes
from time to lime to meet them.
q. Does he occasionally overdraw MS accounty A.
have no knowledge or recollection OF MS ever hav-
lug done
during the last three monthss A. | Gould not tell
you that: j have no recollection.
q. Win IL appear by the BOOKS OF the bankg
Objected TO on The ground that ii calls ior the con-
tracts
oyerruled. Exception taken.
A. Certainty it Will.
Q. Does it appear by any other book :: NO
else 1t would be the same thing as appears In the
ledger.
with Mr. Crane eateredY A. His deposits are en-.
tered in the credit cash book and the amount OF MS
checks In the debit cash book, and both are posted
IN tue edger-ole TO his credit the other TO his
o. when was his bank account last balanceda A..
l did not notice and can't answer.
Q. Did you looK at the account TODAY A. did,
in order to ascertain the exact balance
Q. Were tne items larger
Objected TO and not pressed.
Q. VIII you produce the b0oxss
Mr.. Tracy as counsel for the Corn EXChang
Bank, objected TO this qEeston-nrs because II doe
ask for any information or fact; second, becaus
1t irregularly and unawiuy calls upon the witnes
to make q promise Of future conduct: third. becaus
the bonds Of the bank are the property Of the pan
as corporation and the witness mas no risht
produce them on this defence.
Objection sustained.
o. HOW long has this account with Crane bee
runningS A. Probably eleven or twelve years.
q. What is the relation OF Mr. Crane to The unoi
they have any relation; Idont know anything abou
O. Do You mean to say that you do not know
whether he has ever Transacted any business for thai
company
Objected TO, because the previous question and
answer give 10 warrant for q question OF thus
character; the prior question being as to Mr.
Cranes relations 10 the Pacific Railroad Company,
aud said question and answer not Justiying the pre-
sent question.
Objection oyerruled and exception taken.
A. don't know anything about it, OF my own
knowledge whatever In any way, shape or manner.
O. Did you ever Know OF his trsnsacting any bust.
ness for that company A. think not.
q. las any oilcer Of the company ever spoken
with you about MIR. Cranes accountr a. have no
knowledge OF anybody ever speaking to NE about
was an officer OF the un.on Pacific Railroad.
q. DO you know Thomas c. Durantf a. Very
q. Has he ever spoken to you about that account
A. lie nas not 10 nay recollection, ever.
O. on not yOus bank receive instructions from Mr.
Durant 20 pay checks drawn BY Mr.. Crane against
this account A. Never.
q. Has the cashier 81 the bank any better &C
qlalntance with TINS account than you; il. NO
slr, he has not
q. What, according to your best recollection Is tnt
total amount Of the deposits OF Nj. Crane since tn'
ist OF January lastt A. cannot form al estimate
from recollection.
q. Is IL several millions, A. I have alread!
answered that cannot form any estimate, but
sioud guess II was nothing like that sum- should
guess 1t was not over 100000.
q. Have you ever had any conversation with Nj
Crane himself about this account A. should sa
q. Have you any knowledge or information tina
the money deposited 10y Mr.. Crane Is his own pr
yate money, except from its being deposited in hi
manner A. have not; have no knowledge on Tn
subject
all moneys paid into the bank on said account, q
far as the bank or you mad any notice, knowledge
belief have been the proper moneys OF Crane, Ia M
rlght; did you mean TO convey the idea tina
you had no knowledge or information on the SUD
teria TO this reference unauthorized by the order
reference, aud inadmlssibe as question put by
party producing the witness.
objection overrued. Defendants excep;s.
A. None other Than when Q man brings money .
deposit his pose ssion OF H. exhibits his right.
q. Did you not know That the complaint allege
the depos 8 were Ia mis- name for the benent 9
moley thus deposited really belonged, and that you
afluayit meant to carry 10 the court the idea INA
subject beyond that OF the name OF the depository
objection 10 80 much OF the question as refers !
the entire am laylt by the deendsnts Irst, !,
witness by falsely stating the nature. tenor aud II
tent OF his afi1davit. Second-As being mmater
TOR any other purpose than an attempt 10 bring y
preach upon witness without any Just foundation
and as being maniiestly put without ANY inteniio
Of gaining any evidence thereby.
Oyerrued and defendants except. .
Mr. Field dlsclained any intention 10 insult u
Witness ,.
Mr. Field asked that the question be changed 4
10 read would be used to convey instead
'Inealt.r
Nj. Tracy then withdrew his objection.
A. can't say that had any knowledge That
would be used for sucn purpose.
ExANIS ATloS OF MR.. HENRY G. CRANE
Mr.. Crane was next examined by Mr.. Field
q. Have you your bank pass book with Corn b.
change Ednsi A. No sIr.
O. Where Is ltl A. suppose In my safe.
q Where is the safer a. No. 10 Nassau street.
this building