Los Angeles daily herald., 1888-02-22
70 take half cash and the other half shorti,

to take half cash, and the other half shortly
after, and trans erred my stock. Before
the sale was completed, neither Colonel
Boyce, Captain Seamans or myself made
any representations OF the title or the stoo X.
There was no agree lnent, to my knowledge,
that without all sold out, none of us should
sell.
Cross eA amined-Prior to the sale did
not say that taptain Seamans had only 400
shares of the stock.
You ha held back the price of the stock in
der to get the Braags and White to buy?
A. | did rot ssy that none of us would
sell u1l less I'll sold. Wnen the Braggs re
turned from Victor Mr.. Bragg. told me that
foot OF land down there, and l said
that l would buy my share back if
that was SO. ard .! would not have
It sid that roh5ed aty man OF
a dollar. II is possible that IL conversation
occurred at Col Boyce's home,a and did not
hear it. told Mr. Braggs t at believed
theVictor Marble Cowas II good speculat on.
l always thought SO. believe Mr.,
Braggs h IS given the stock the worst Slow
got my opinion of the Victor Marble Co
when went over the la:ad with G. f. Bragg
and Capt seamans, I always had good
opinion Of the company. The company
then had a man working the claims and
selling lime up to the time the transfer was
made The man is now sick.
<AD eiio s.hSS VA viz PAONSSuih5p eaS AS
fense closed.
Mr.. c. ]. Richards, recalled, stated: Col.
Boyce did say that no living man could ex-
plain the issuing of the second 1000 shares.
| am friendly with Col. Boyce.
Q. Was friendly action to try and de.
fame Colonel Boyce by publishing that
letter in the papers.
A. 1t WAS matter of conscience, because
nv confidence in him had been betrayed.
g Why were You not friendly?
A. Rapansp | bplieVe he has taken adVan-
tage of the confidence ] placed in him, to
my loss and his advantage. Colonel Boyce
told me that a payment | had made had
been used in The absolute payment for
made 1t for. Colonel Beyce asked me the
circumstances of the publication Of the ar
ticle, and l told him it was true just as it
was published. He did not deny the truth
OF it.
argument here ensued by Judge Fitzger-
aid stating that they were going into another
subject, and wished His Honor to strike cut
the latter part of this evidence, but H. Gage
insisted hat as the defendants had asked
the question and got part of a stateme t,
the whole of the conversation be gone into. |
saw Mr.. Roster after the purchase OF
the stock Il great many times. He told me
that he tried to induce to Braggs the buy all
the stock. He told me that Captain Seamans
had only 400 shares in the company. He
told me he never knew how many shares
Captain Ssamans had.
Case here closed, and Judge Fitzgerald
offered to submit the case without argu-
ment, which ID. Gage objected to, stating
that he wished to argue the case. Judge
Fitzgerald stated that ne would not argue
the case, and If H Gage wished to do so he
could His Honor stated that he could not
put Off the argument but if it had to Re
argued it had better be done now. Mr..
GAGE then went out and returned with Il
pile of law books, when Justice fancy said
thst he had made up his mind and the case
was submitted. Justice Taney dismissed
the case and DISCHARGED the defendants.