, 1873-09-16

Company, by O resolution Of tho Executive
Uomnlitsoe Go Of itel Directors. Of Witch
passed. on tho 10th day Of Jatuary, 1871. sold
to said defendant Bushnell 2, 1856 so.called 1nnd-
grant bonds, 1000 ao.chlled inc0mo-bonds, aud
$500 special bridgc-bontE, all "t prizes bolow
thoir true value,-upon which tho paid Bushnell
roalizcd large profit, for which ho is account
nblo to said Company.
The Haid Dushnoll atso, on or about tho 0tl,
day Of March, 1871, undor the authority OF the
Board Of Directors Of tho said Company, or tho
Executive Committee tloroof, tho said B',Bhnell
being member of said Board md Of anid
Committee, obtained largo autn of money
from tho said Company, to wit: tho sum Of
$126,000 upon claims for compensation on no.
count Of SERVICES pretended to aavo been roll
mont Of moneys pretended to llaTo boeu OK
ponded for tho lnwful uBo OF the aafd Company;
and tho complt inantR charge that said money
was paid to tho Bnl Bushnell without considera-
tion, aud wronRfully and unlaWfullv; and that
tho said Bushnell ia liable for the amount thcro-
Of to tho Bnld Company, with interest thereon.
Under exhibit J, pages III and 112 of the bill,
Mr. Bushnell is credited with 1000 slaros Of tho
Credit Mobilier. 10 oil OF which things he thus
replies:
This defendant, by protestaton, not confossing
oil any of tho matters or thugs in tho plaili-
till bill Of complaint contained to be truo in
auch mannor and form as the aamo is therein
eet forth and allogod, doth demur to aaid bill,
eaid plaintiff hath not, III aud by it's said bill.
mado or stated such caso aa entitlea said plain
tih, In o court Of equity, to any rolief against
tho dofennnt az to tho matters contained in suid
bill, or any Of such mhtters
And, for flrthor ca,ise OF DEMURRER this dc.
fendant Bho1eth, ttat 1t appears By said bill that
tue ssno is exhibited against this defendant,
and tho several othor persons and corporations
distinct matters and cauHes, in several
whereof, as appears by the aaid bill, this
defendant is not in any manuer interested or
concerned; and that tho said bill ID altogothor
multifarious.
Wherefore, nnd for divers otlor good ca,,Bes
Of demurrer appearing in said bill, this defend-
ant doth de1nur thereto, and hun,b1y demand tho
Judgment Of this Court whether lie shall DO conl-
pollod to mako any further or other answer to
said bill; and prays to be honco dismissed with
fully sustained.
Many Of those connected with tho Crodit Mo-
bilier have boon before the public; but, upon in
veatigation, Mr., 1nahnoll becomes disa-
principally distinguished for his poverty
and numerous family. At tho beginning Of tho
Var, ho Hod many patcled-up vessels to tho
HoTeEnmont ; ho was engaged In Several Wnr-
speculatonB, as the stories go, and, like mauy
other energetic mon, became suddenly wealthy
in the midst Of his country's misfortune. IIo
has becn connected with tho Pacific nailroad
from tho start. blr. Bushnell ia ono OF tho
DIIS1L uuu Hu1uluB tl!lhEb OIL tue 11ONe 6IteDt
Church, formerly so-called, in Now Haven.
James Brooks, Oakes Amce, md others aro
mentioned in the bill % deceRsed from which
It would eeem that tho Credit .hIobilier is worry
dangerous stun to handle. 1t is forbidden fruit.
Mr. BuDhneu must think Of the opening lines to
Misc Prontiss' beautiful little poom, in his hours
Of meditation
Over tho rivor thoy bcckon 10 me,
Loved ones who have croaaod to the other side.
but, for adamansine cheek, cheek imponotra-
blc for effrontory and Innocence Which pass all
understanding, commend to ua
cnARLEs II. aE1LsoN, OF NEW YORK.
Wo learn from him how much 100 shares Of
Credit Mobiier are worth. His answer is tho
liahod. It reads as follows:
This defendant has held stock IN tho Credit
hobilier OF America and In tho Union Pacific
Nailrohd Company on hia own account, but for
the accoont OF or benefit Of no other perBons
than himself, and no othor porson or persons
wore interested in tho elarca OF stock in either
of the said corporations standing III his nanle,
excepting as he has from time to tinlo, hypothe-
Gated or pledged tho sa,no for advances aud
loans Of money to him.
Tho number Of shares in the said Crolit Mo-
bilier standing in his na1no las been $50. Tie
first 100 sharos Of the anid Btock woro purchased
by him about Dec. 20, 1867, together with 200
shares Of Union Pacific nailroad Compapy's
stock and first mortgage honda of the Union
Pacific Railroad Company, by virtue OF IN op-
tion from Thomas @. Durant, Esq, and, as tliB
defendant understood and believed, tho Union
Pacific shnres md bonds wero dividends which
1nd been declared upon said 100 sharos of Credit
Moblller. and which wero covered by tho gnid
option. Tho remaining 80 we're allotted to
him, as lie understood, in respect to tho Baid
100 shares, upon an increase Of tho share capital
Of so per cent. This defendant paid par and
small amount Of accrued interest for this, and
received tho shares on or about tho Sd day of
March, 1868.
On the Sd OF january, 1868, he received a
dividend on his 100 shares Of tho Credit A1obil-
ier stock Of GU shares Of tho stock OF the Union
Pacific Railroad Company; on tho 9TH Of
March, 1865, another Of 80 more shares on tho
18th of June, 1868, another Of 60 more HllaroB
and, on tho 10Th day Of December, 1868, another
OF 800 shares OF tho Same, "a dividends On Lis
150 shares Of Credit Moblicr.
On or about tho 17th day Of June, 1868, he
received dividend Of the Credit Mobilor, upon
his 150 shares Of it's stock, Of $4,000 in cash;
and, on tho 8th day Of July, another dividend Of
purchased 172 sllares OF the stock OF the said
Union Pacific Railroad Company.
This defendant alao received from the Credit
Moblllor az dividends on his said stock, Jan. o.
1893, 3 tirst-mortgago bonds Of the Union Pa
4. 1868 four similar Dontls July 8, 1868, eloyon
incu4... ~; =. IT 81 900 each, of tho Union Pa
cl1o RailroAu company, and certificate for $3.50
profits.
This defendant has novor according to his
PAtao.1t Auo"leubtt 4lIuft!iAtsull, AuN uGGE, TO-
coived from either tho said Credit Mopilier or
Union Pacific Railroad Company any other allot-
mont Of stock or bonds, or dividends in cash or
other property whatsoever, nor any other prop
orty from them, or from tho Trustees, so-called
under the Oakes Amos contract, nor under the
Davis contract, in the bill OF complaint mention
cd. nor from any other person or porsouH III bo-
half OF the said corporations or oithcr OF tIom
az Trustees, neither for hi1nself nor for any
other persons represented by him. All that he
has received hnB bcen on his own ACCOUNT Uo
has no memorandum to guide him In answering
this interrogatoEy, excepting the statements con-
m,tteo having charge Of the investigation Of tLo
Credit h1obilier, and he makoa his anBwors from
the information contained in them, and from his
general recollection Of the matter
!M,lB defendant, further answering, atatos TINT
he has received nothing else on account Of dlyi-
donda OF the said shares of Credit Mibiller.