Los Angeles daily herald., 1888-02-22
DISMISSED.
The End of the Boyce-
Seamans Case.
AN EVENING SESSION HELD.
Testimony on Behalf of the De-
f nse COnvinces Justice Taney
Without Argument.
DISMISSED.
AN EVENING SESSION HELD.

y Without Argument.
N The Boyce. Seamans case was re umed
N before Justice Fancy at p. m. yesterday.
"a Capt. W. H. 5eamans was the first witness
placed on the stand, who, after answering
the preliminary questions, testified:
"I first became the secretary of the Victor
I Marble Co. under contract made with ne
by the President and Vice President. A
meeting of the stockholders was previously
held and a resolution to the effect that be
employed. was adopted. The officers called
upon me and asked me if would enter in
to the employment of the company. told
them wou d look over the property at
Victor, aud if7I then thought it advisable l
would accept such pos ton. After investi-
CATION concluded to enter into the com
pany business, and in pursuance. of such
resolve ootss contract nsais was drpw up
Of the company, by the terms of which ]
was to receive 800 per month and 1000
shares to the company's stock. The original
contract have been unable to find, however,
have press copy of it, ,tcopy produced),
went to Mr.. White after had tu ned over
E the books of the company and asked per-
mission to take out private papers. He
stood by When TOOK the papers away. but
home home 'G could not not find tp' the Contract. tract The hu
last saw Of it was in the Office of the com
pany, and it is my impression it WAS placed
in the safe. The contract referred to was
satisfied by the company and reafirmed
thereafter. Crhe resolution certifying the
the contract was read by witness from the
original minutes) " itness iudetifed a copy
of the contract and ead same to the Court.
The contract provided that Seamans be
employed for term of six months al re-
ceive for compensation 1000 shares, to be
held du ing the service in escrow, and to
set over as the property OF Seamans at the
end of twelve montas. (Witness read from
the minutes of the corporation a resolution
made April S, 1887, by which 1000 shares
was set over to him by the action of the
Board.) | resigned my position as secretary
on that day, intending that it should be
final. At a meeting of the Directors was
reelected Secretary on the following day.
The company was owing some 1850 for
labor, and Mr.. Patton and Col. Boyce ad-
vanced the money, and to secure them, 900
shares of stock was put over TO each in es-
crow.
(The companys books were again intro
duoed, and Captain Seamans recognized
certain entries us his own receipting for
1000 shares of stock)
The red marks or notations in red ink
were mrd not to cover up any transact on.
but SO my clerk would not carry the entities
into the 0ssessment-bOok, as such stock
mum bered III red were, i'll my opiuion, non
assessable. The word escrow" marked on
the back of the stubs simply meant that it
was held b me as a security until such
time the stock should re y operly trans
ferred to me. After turned over the books
to the educator, Prof White, l never
touched the safe except at two different
times, and then it was at the ins'ance If
Prof. White, who had forgotten the combin-
alton OF the safe, and | was called to open
it for him. | never took any papers
from the safe, neither. did l place any pap
ers in the stock certificates in Mr.. Cages
office, aud any lntima'ion that l did i uu-
equivocaliy false. The eraSure SO often re-
ferred to l am unable to explain, except
that may possibly have made mi take IN
issuing stock anu afterwards was bliged to
erase In order to bring the numbers in reg
ular order. | have no recollection of max
ing any changes, but it very much resem-
bles my handwriting, and possibly may
have made them never made any changes
after the books were turned over to White.
No. 1913 and 394, which were issued to
Bragss, were cancelled by me, but No. 343
was the 1000 shares which Col. Boyce had
in his possession, and which / asked him
for in the presence of Messrs. White and
Braggs.
When 1 went to Mr.. Cages Office / never
touched the roll of certificates. No. 1878
was not in my possession, and have never
had it. went to tie Office to look over the
companys minute book.
The reason that NO. 373 appears out of
order in number and date is that it is Il
certificate that was issued to Col Boyce in
March, 1887. July 10th the certificate was
tu ned into the cOmpany's possession and
was reissued under the same number to
me.
Judge Fitzgerald asked to be allowed to
Introduce David G. White, the Vice-Presi-
dent OF the company il July, 1856. (Wit-
ss was SHOWN the copy of the contract
made with Seaman, and substantiated
Capt. Seaman's statement to the effect that
part OF the compensation to be allowed
WIS 1000 shares OF stock
The reason the certificate No. 373 was is
sued to me was because under an agreement
was to receive the balance 10000 shares
after the balance was sold to Bragg.
know that stock has been issued to
numerous parties and no minute was ever
mado Of it.
The other 500 shares of stock sold to
Braggs | purchased from w. j Mills and
paid cash for it. The reason | only have
400 shares iu the book is because 1 sold 100
shares to the editor O. the San Bernardino
Index. sent the shares to him, but he
claimed never to have received them, and
mentioned this fact to White and Braggs at
the time of the sale. At that ne presume
l legally only had 2400 shares, but the 100
shares lost were issued to me soon after
wards by the directors. The title was in me
at that time and l had right to sell the
25O0 shares sold.
first saw the Bragg brothers on January
I'D. think it was on the Sunday before
that was informed by Colonel Boyce that
thev wanted to purchase controlling in
terest In the Victor Marble Company stock.
We never entered into any conspiracy or
even IN agreement as to what should do or
not do. 1t was merely from a suggestion
of Colonel Boycc's that caused me to meet
them at the COlOnel's house for the purpose
OF negotiating a sale. told them on
Monday evening that could let them have
25OO shares of stock. l do not think any
thug was said relative to the title that
evening. Some time after tt G sale we talked
about the title, but never passed on it, as
we had employed prominent legal firm to
Gross. examined: The 1000 shares and Ger
tificate No. 373 was retired think on Sun
day, January 22nd, and No. 392 issued in
lieu TO me. The 500 shares l purchased
ance 1000 shares / received through the
contract by which took the management of
the company. At the time I entered the
service OF the company the company's stock
me @ ss enpaned hoW No. sss wss az srased sns
and No. 394 written,( No. SAB was Colonel
Boyce's private property having been pur-
chased from McDuffey. At the time Of the
sale stated ne could not the
called at the home of Colonel Boyce on
on Monday, January 23d, for the
pnrpose Of making the transfer
ON sunday mes them s anHss Se
suggestion of Col. Boyce. He told me if
wished to part with NY stock had better
call on Sunday, as the Braggs brothers
would be there and they wanted to buy.
At this stage of the proceedings recess
until p. NJ. was taken. %
Evening Session.
Capt. Seamans resumed.-After Mr..
Bragg's return from Victor, he notified me
he had stopped the payments OF my check
on the stock. He also told me that there
we're jumpers on the claims, or some of
them. / told him l was not the Victor
Marble Company and would give him the
shares he had bought from me. AS regards
the jumpers, I'D him to send up two stout
men armed with Shot-gunR and brush them