The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-07-10
,ournel on The motion Of the counsel for the PLAIN
tItfs iii August 9th, lS!S ~ ~ osnmniss,oner.
co,rNrssIosEn's OFFICE, August g. 1878.
Present: JOHN LYON, ESQ, Counsel for dst r !
i'''e L. K. PACE, ECO, Counsel for Pills.

COMPREHENSIVE OFFICE, August 8, 1873.
n.ose,t. JoaS LYON, ESQ, Counsel for derts.1 |
L. Il. PACE, ECO, Counsel for pins. |
Deposition II f, ". WilktRs continued
rThe witness, f. W wilkins here states that ION on
Re was n.staken as TO the amount of money recsvsd
from his counsel on uccOuns or STOCK tnat since Le
adiournmen, on yssterday Se as nT
post from the said bank for 81 GAIT. which is
a she ssoney advanced 10 him or received ny MIN,
e't Cer,iscate marked T. ". "" herewith hled.
~E. W. W."
>. t.. BACON, President. WIN. NJ. HILL. Cashier.
TIE STATE BANK OF VIRG1N1A,l
RICHMOND, VA, August Srh, 1873. )
Tails Is 10 certify that there was deposited III thS
bank By l.. r. Page u the credit OF F. W, WiiSins'
." ti,nnI ic lie I' WIN. N. HILL, Cashier.
Fifteenth Question by j. Lyon. Esq: You have
hands pIssse ,.te the extent e authority you
gave him with regard TO said stock!
nrnI Sse ito SefK
he for nv interest. That was my understanding OF
the extent Of my authority to him gave him the
authority 10 act with regard 10 this stock ~ he
might thiuk proper for my Interest
Sixteenth Question: When did you first hear or
know of 'le petition or reinonstrance presented ID
Broadnax to the Senate OF Virginia In February,
1873 : whether before or after It's presentation ia
Answer: did not know personally OF It's presen-
tatlon until after II had been resented it was pre-,
sented by my counsel, L. K. Page, under the broad
general authority from me 10 him 70 90 the best ne
could for my interests in the premises.
lat this stage of the proceedings, on the sueges-
lion Of tic plaintiff c?unss to sRve time II Is t NJ
cause th neither OF these plaintiffs In this suit had
any knowledge of The presentation OF the petition
and rem onstrance fled In their before the
Senate OF Virginia in February. 1873, az ainst the
amendment OF the charter OF the Petersburg Rail,
road Company until after it had been presented and
The fact published 10 the newspapers: that the same
was prepared and presented by l.. r. fage, their at
turner aud counsel. und,r the general authority
given him bv the plaintiffs when they placed their
stock IN his hlnus; that The same Is true In respect
the bill flied in this suit. except there was an eX-
pcc'ation Oh the part me plaintitS thar MI pags
fail to effect d Sale or settlement with Mr.. Rag
land.I
seventeenth Question How many shares Of the
Petersburg railroad stock do YOU now own?
Answer placed the STOCK in the hands of Mr.
rage, aud have not been Inform, by him that he
has made any disposition OF IL, aud therefore sup
pose thai the stock must still be mine. us know Of
no sale or disposition Oft placed In his hands
forty-iivc snres and t" the best OF my knowledge
and belief own that number of slIai es now.
tightecnth Question: lave you the right to sell
fortytvr shares of the Petersburg railroad stock to-
Answer: belleyeI have the right to the best of
my knowledge and belief
| Nineteenth Question: DO you mean the forty-ire
shares that GU hay. before testified you placed in
| the hands of Mr.. Page for sale?
| Answer | Go.
| twentieth Question Then what is your price,
and what viii You take tor said Tor yfvc shares of
stock which you say you have the right to SELL and
| answer AS far as that question is concerned
have no price; have left that t. my counsel.
Twcnty-irst Question: Is no, your stock in The
| Petersburg Railroad Company considered more
| valuable row than it was Defrfe The 18th day Of
Answer: do not know that I consider 1t SO, as I
| do not know Whit the price was In 1872.
| Twenty-sccond Question: What did You value 1t
ut, ana what aid You or your agents oher to sell II
| Answer: never nut any vaua ion upon 1t at all
with regard to selling it. lett 1T in the hands OF
| my counsel TO get whatever he could.
| 1wenN third Question DO You Consider that the
transact ms Of the Stockholders in the meeting of
| Juue 9th, 1872. have nffrcieu The value Of your
| stock US property for sale In The marke =?
| Answer | 40 hot know anything Of the effect OF
the meeting of the tlanslc ions of The stock
holders of the meeting OF June II. 1872. except
hearing through The newspapers that Ollie RS and
some other transactions had b,cn considered,
which transactions have no d. finite Knowledge OF
the particulars. | not pr, sent at the meeting,
and never Was present at L meeting Of the stock
holders.
have received S1.042.71 from Major Page on ac-
count of your stock Please state In what charac-
| ter You hold said sum OF money. whether as owner
or borrower, as proprietor or Debtor Tor SAID
amount?
answer: All can state Is that Mr. Page placed
this money To my credit in the State Bank of Nir-
siuia, and has Lever Informed inc thtt 1t was not
mine property to do us pleased with. tie never
stated 10 me that was TO return 1t, or that was
Twenty fifth Question: VIII you now consent
that your counsel, Mr.. l.. Il. Page may testify IN
thus cause spe1ling he Sale OF your stock ana It's
you concernt d, whatever Injunction OF secrecy
The law may impose upon him In your interest
counsel, UPON the ground thai the Win. S, is here 20
give testimony, and cannot be legally called upon 60
| waveany right secured IL hun by HE law. Ana
further, The counsel lnstructs the witness to reply
10 this request 10 waive his rights that he VIII he
| governed by the advice OF his counsel when that
counsel is upon The stand as witness. ana There
upIn Mr.. "a gc Instructed the witicS$ TO make no
fun ler reply W this que tor.J
! The defendant still Insisting upon an answer to
the question, IL was repeated u Tic "iiness aud an
answer required.
Answer: refuse to answer the question.
| TWcnly-sIXth Question: Why have yoli, up to
this date failed and neglected to ascertain from
your counsel Mr.. Page, the state and condition OF
Your business entrusted ~ him, and especially In
formation respecting the status of the money you
have received from him, the nature of the terms
CONDITION Of The remainder of the interest Of yours
I In his hands and also for what purposes and for
what other persons, amt for what otlcr interests
| your stock and Your name have been used by Mr.
i'rgc in The promotion Of what he considers 10 he
| Your incress:
| Answer: The reason l have rcfrained from
having any settlement with my counsel Is. that he
has never Informed iue that he is ready tor settle
meat, disposed OF my stotk so that settlement
| WAS necessary. l don't know or amy other Interest
| for which my stock and name have been used by
Mr.. Page except my own.
| Twenty-sevcnth Question: What do you mean BY
the expression i'm Your las, answer, - disposed Of,
| as aplied 10 your stock in The hands Of Major
| Page! 10 you mean thereby selling your stock al
| a sa;isac prce?
answer: mean that he has never informed Inc
that he has sold my stock at satisfactory price, Or
| ut any price at AL
purpose in this suit except 10 secure sale of your
stock in The railroad fora satisfactory price :?
| hnsw,r: The wish have is. that my co .nsel may
be able To secure for Inc what he considers salts
| factory price,
Twenty pinth Question: Have you any prejudice
| or anim0sity against Mr.. Kagand or the railroad
|
wish 10 Vi kc the Dad and its property out Of The
hands of Mr.. kugIand and his directors, except so
| factory price for your stock?
| r iswtr: No prejudice anmosily against Mr.
Ragland, and have desire TO see the road utter
tercd with i'll not att. CT Interest. and 10
| secure my interest have no other obj CT except
10 effect sale of my stock at sa isfnctory prce
| ThirIicth Question: What do you or your counsel
| consider u Satlsla tory price Tor your stock!
| Answer: have ntvcr set any price upon my
stock. have lett the matter entircyin the hands
| of my council
| Cross-erdmincd by Il. X. Page, Esq, for Putin
| tufts:
First Question What Is your vocation In life?
! Answer am afa:me'. ! once piaciced medi-
larlv now, eXcept 1T my dscrttion. among my
| neighbors when IL does not Inconvenience Inc In
my business Oh MY farm.
| Secoud Dues, ion When and how did YOU acquire
the As shares Of sock OF which You have spoken?
| answer: Il was he1ueathed 10 me BY my uncle.
Edmund wilkins. In whose naune IL Sill stands Oh
| the books of tue company. he died In 1867.
Re-eraniaed by Jokh Lyon, Esq, for DEFENDANTS.
! FRS, Question: Decor. are you not u wealthy,
thrifty. prosperous citlZ-n possessed of compe-
iency for all The uec".sares Of life, and many Of its
luXiries able u hold what property you possess,
| and leud-r rather than borrower OF money!
| Answer: cons"er myself u man able To take
care of my family; So out Of my income am
oftener borrower han lender Of money, and
oftener borrow larger am cunts than loan OUT.
And further this dcponent saith not.
+. ". WILKINS.
Examination of W. E. Broddnar Resumed.
Firty-sixrh Question b! john Lyon, Esq for De-