The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1879-10-31
THE RAILROAD STOCK AND BOND SUIT
The Evidence Taken by the Prosecution


commissioners of Lyon county against
d. S. Gilmore, l. A. Taylor and l.. A.
Wood, county commissioners in 1873.
1t was taken by the attorneys for the
prosecution, and is herewith submitted
verbatim:
Dispositions of witnesses taken before
me, Henry III. Mather. justice of the
peace, for the county of SOffolk and
commonwealth of Massachusetts, in the
office of W. Il. and w. s. Slocum, attor-
neys at law, No. 32S, Washington street,
in the city OF Boston, county of Suffolk,
between the hours Of eight o'clock a. m,
and six o'clock p. m, on the fifth day of
September, 1879, pursuant to the an
nexed notice in an action pending in the
district court, of the county of Lyon,
state of Kansas, wherein, the board of
county commissioners of the county of
Lyon, State of Kansas Is plaintiff, and
ID. S. Gilmore, l. A. Taylor, l.. Atwood,
are defendants. The said plaintiffs APP
peared by their attorney. James
ID. Snoddy, and the defendants did
not appear. Thereupon, the said
plaintiffs produced the following wit
nesses in the following order:
George W. Ballou, of said Boston, of
lawful age, being by me first duly ex-
amjned, cautioned and solemnly sworn
TO testify the truth, the whole truth and
nothing but the truth deposes and says
My name is George William Ballou
place of business No. ~, Devonshire
street, Boston. My business during
the year 1878 and up TO the present time,
was and is banking and brokerage. The
firm name is George William Ballou e.
Co. My partner Is George III. Holt, of
New York. | persume we did during
the year 1878 and 1879 handle some OF
the bonds issued by the county of Lyon,
state of Kansas, TO the A. Il. IL 5. +. rail-
road company, and to the L. Z. S. b.
railroad company. cannot state the
date at which we commenced handling
those bonds.
Interogatory /. Can you state the num-
Der of the bonds so handled by your
firm!
Ans. l. Not having the numbers with
me l cannot.
Int. 2. Can you state the names OF
the persons TO whom you sold any OF
the bonds of Lyon county, and also give
the numbers so sold, and the price
which you received on each sale?
Ans. 1. That is matter of private rec
ord as can be shown by our books.
Int. 3. Where are your books by
which the matters asked for in the pre-
vious question can be Shown!
Ans. .. The books are in our Offices
No. 72, Devonshire street, Boston, and IN
8, Wall street, New York.
Int. A. Did the house of Geo. W. Bal
lou d Co. in Boston, or the same house,
New York, during the year 1878 handle
any of the stock of the A, T. g. S. F. II.
Co., which had been issued by that COM
pany in the county of Lyon, state of Kan
sass
Ans. 4. An examination of the books
will show whether the county of Lyon
appears in the list of our transactions in
the A, T. & 8. F. II. r. stock.
Int. D. Do you or do you not now
recollect whether or not the Lyon Co.
stock, or any part of it in the A, Il. & S.
+. X. II. was handled by your houses in
the year 1892
Ans. 3. don't think we have had any
thing to do with Lyon Co. If any stock
came from Lyon Co. it came through
other parties and indirectly to us.
Int. 9. How much if any of the stock
issued to Lyon Co. by the A., L: & S. F.
X. X. Co, did you purchase from p. B.
Plumb during the year 1873 or the first
part of the year 1879?
Ans. U. live purchased any stock from
p. B. Plumb it is a matter of record. |
don't remember Our transactions have
been large in this stock. don't remem-
Der exactly the names and amounts on
our books.
Int. Z. How many of the bonds issued
by Lyon county to the A, Il. 81 S. +. II.
X. Co, if any, did You purchase for or
sell to z. b. Plumb during the year 1878
and 1870?
Ans. z. That is a matter of private rec
ord decline to answer.
Int 3. Do you recollect whether YOU
purchased any bonds issued by Lyon Co,
Kansas, for p. b. Plumb, or sold any
such bonds to him during the year 1878
and 1892
Ans. s. If we did buy any bonds of P.
b. Plumb or any body else il is matter
of our own private business and not rel
evant 20 the case.
Adjourned to IL IN. Sept 6, 1879, to
enable witness to examine books and pa
pers.
Sept. 6, 1879, 1915 p. III.
Int. o. State whether or not YOU han
died bonds issused by Lyon county, Kan.
sas, TO the U. p. $. 4. r. Co. at any time
during the years 1878 and 1879, numbered
as follows, viz: Nos. 9, 8, %, 90, 81, 2S, %,
30, 81, 32, BIB, "a, 30, 36, 4j, 46, Al, 4S, 40 so
81, %. 53, "a, 50, So 81, IS. so, 60, 81, 90, g.
"a, 50, 90, II, ~, 20, II, 70, 10, 80, 81,
SO, SO, "a, IS, So, IS, 80, 92, 93, Oh, 90, 90,
81, 100, 101, 102, 103, 104, 1O5, 106, 1O7,
10S, 100, ITO, Ill, 112, 113, ia, 115, 116,
1T, 11S, 119, 100, 12I, 1872, 123, lei. 125'
126, 1877, 1913, 129, $50, 131, 132, lat, 14S,
49, 152, 1913, 15S, 159, 100, 16S, 172, ia,
175, 176, 40, $50, 1S1, 1872, 1876, and the
following numbers of the A. Il. & s. F
X. r. Co. bonds, viz: 10, 10, 20, %, 90,
80, 40, Al, AZ, 43, A, As, 40, 63, 65, 10, so,
80, S3, 81, So SO, 1873, 1877. 13S, 139, 40,
161, 162, 169, no, III, 172, 17S, 1877, 1873,
194, 1876, 1871, 1913, 1919, 200, 1915, and state
when thRSe bonds were purchased, for
whom they were purchased, the price
paid for the same, in what the purchase
price was paid and to whom they were
delivered, and upon whose account de-
livery was made and at what price they
were delivered.
Ans. 8. / know nothing personally
regarding the sale of the Lyon bonds,
except such as appear upon our records
OF the bonds of Lyon county In aid of
the u. p S. b. X. II. Co. Itappears that
we sold Nos. Al, 4S, II, 20, "a, %, 10, 50,
172, ia, 10, 176, 81, 60, 1876, ~, 7S, 20, so,
81, 80, SO, 80, 100 16S, 2, 3, go, 81 90, 63.
So, So, 40, 80, GA, 10, 46, 101, TO 100, in
elusive, 1870, al and five bonds that
can't find the numbers of Also, bonds
in aid of A. Il. Il s. +. II. r. Co. Nos. 10,
43, A, 45, 40, 40, AZ, 1875, 139, 1914, 1852,
112, 63, 1877, 1913, 169, TO, 1916, IL, 80, So,
1877, 16l, 80, 133, 13S, S3, III, 40, SO, 81,
SOl GU, AoS, ~VO, AtC, 100, 100, loo, 1Ot.
l have no memorandum of when they
were purchased, or for whom they were
purchased, nor the price paid for the
same, nor in whatth purchase price was
paid. think most of them were deliv-
cred to the National Bank of North
America of Boston. 1t appears they
were delivered for the account of p. b.
Plumb, of the Emporia National Bank
of Kansas, and the price of the U. p. s.
b. r. II. Co. bonds received by us
was seventy-ive cents and accrued
interest for all except Nos. 139 and 141,
for which we received 80 cents and ac-
crued interest, and for the A, L. & S. +.
railroad bonds we received 75 cents and
accrued interest, for all except Nos. 153
and 154, for which we received so cents
and accrued interest.
Int. 10. Whose bonds were these at the
time and before their delivery to the Ma.
tional Bank of North America for p b.
Plumb
Ans. 10. They belonged to George W.
Ballou & Co.
Adjourned to Sept. 8, at o O'Clock
a. m, TO enable witness to examine
books and papers to complete his
testimony.
Sept. s, 10 80 a. m. Continued.
Int. IL. State the amounts, dates of de-
livery and price received for each lot de
livered, and net proceeds of each lot de