Los Angeles daily herald., 1888-02-17
THE MARBLE STOCK.
Continuation of the Testi-
mony for the People.
STORMY SCENE IN COURT.
How the Prosecuting Witnesses
Say They We're Induced to
Purchase.

on the stand and the cross-examination con
tanued by Judge Fitzgerald.
witness testified: was elected presiden
OF the Victor Marble Company on Januar,
23d, ct meeting of the directors at Col
Doyce's house.
Attorney Fitzgerald asked to examine thu
witness with reference to the statemen
made on Wednesday, in which witness
said that some one had placed certificate No
Sz3 in the files in Mr.. Cages office.
Mr.. Gage thought il not necessary, as he
of his own knowledge, knew 1t had beer
hen pIaced there He did not think, neither
had he fntimated that Judge Haynes placed
the certificate there, but it had been done
and that. too. while the Judge and Captain
Seamans were in the once. r. o.,.
Jndne HAYNES @. Were you IN MT. dage
once when Captain Seaman ana came IN!
a. No, not when you nrst c. me IN.
Discrimination continued: looked
for the certifcate about two hours before
Judge Haynes and Captain Seamans came
N. but neither nor Mr.. Gage were aDie to
nnd It. After they left No; 37o was iouno
smocg the papers we mao epptinn pfGisaousfs nf enr n
purchssin Mr.. Richards stock that re-
mcmter, The stubs of the stock ceruncates
were submitted to the witness ana ne was
aaked to examine stub NO. 515. On tne
back of the stub in red ink was written IN
red ink HELD in escrow as security, etc
/ An not related to Colonel Boyce IN any
mannner. but he and my father have been
friends for long time. MY iatner mas Al
ways hell him in high esteem: For some
time he has looked after my brother g inter
ests In this county and was PAID Sioo per
month for such services. 1000 :.
Certificate No. 373 for 1000 shares of
treasury stock was offered in evidence, ~ !.
being the one which was claimed 70 nave
been placed in the stock certificates In MI;
Cages office. No 395 was also submitted
and witness asked if he could discern any
alteration. He replied the alteration from
1882 was very plain. r..,s.
Decentralization by Judge Fitzgerald;
The relntions between Colonel Boy ce and
my father were OF q friendly character.
Colonel Boycs was paid 100 per month fof
attending to my brothers business. l oo
mot know of the exact relations between my
brother a the Colonel. received letter
from my father q few days ago, stating tnat
the salary mentioned had been pald, put
know nothing more.
THos. J. RICHARDS
Testified: reside in Los Angeles ana am
engaged in the real estate business. l Know
the defendants. am interested in the VIC
tor Marble Company | remember having
the Victor Marble Company's business prior
10 the sale of stock to c. c. Bragg. Captain
Seamans came to my ofhce snort time De-
fore the sale and told me there was chance
ts sell some OF the stock to Bragg. Ia com
paliug the amount OF stock we could raise,
we ia.de an inventory OF each membe I
stock Captain SeamanS said he had 4Ou
shares, and verified it by writing the amount.
When we were computing the total amount
Of stock, told him | had 6667 shares Of
stock, and if he would sell it for me l would
give him $500. do not know of any stock
being issued to Captain Seamans except the
400 shares. We agreed to sell the wnole
stock at so cents Oh the dollar. IL was the
do not know OF any Claims against
ths property of the Victor Marble
Company of my own knowledge.
Captain Sesmans informed me prior TO the
ssis that parties not in the company had
done rssastment work on the ccmpany's
Uroperty % tvs sno held a claim on it, | know
Z Hr, Parsons m de report as to the con-
dition Of The title to w she lands covered by
our claim prior to my enre.. 'ae and CON. ON.
, rspy. ! heye M seen the repos.. he
.santain Seamahs. In -,
ronversa ion referred TO- relative 70 tns sain n
Sertsin Seamans stated he Wouio uG ~
he could to eonsumate safe oi 'ne "Ao''
stock. $500. &C, pors,s
as 70 The title Of the company's property
was offered in evidence. Witness ldena-
fied it as that of Mr.. Parsons and the one
discussed by Seamans and Mr.. Klchar9son.
Recross examinations became dlrec-
prior to the sale % Bragg that we examined
the report Of Parsons. did not reaa tae
report / understood that we held DEEDS
from the McDuffey's. the original owners, !
looked over the deeds Mr. Roster noi9ihs .h
claims which had been transferred from
WcDuffey. l did not tell Bragg that the
title to the property was good. but thought
Il was from the deeds. l asked Captaln
seamans after the sale why NJ as aio grsed Ios se
my ny ali is0cs should ds sell. lie Hs' said he
tried to sell my stock, but the parties did
not wish to buy it, as they desired tnat
should remain in the company. dis,lnctly
remember that Captain Seamans told me
he owned only 400 shares. He did not say
2zOO. neither did he say he only had 4OC
shares that he would sell. When asked
how many shares he had, he replied: oh
had 1000 he thought he could buy.
e. c. WHITE,
Being sworn, testified: I reside in Los An
reies. but forme ly resided in Cincinnati
b. I know Capt. Seamans and Col: Boyce
met them first on the 21st day OF January
On the 23d, in company with the Messrs
Bragg, we went to Col. Boyces mouse tt
re about purchasing 0f s.ocx snamans III a at tbe
house. We there .consummated CONTRACT
10 purchase $500 shares While Bragg wal
making out the check Capt. Seamans turnec
to the Colonel and said, by the way, there
Is it?" He replied. II don't know, but pre-
sumo it is in my tin box" Before the tran
section was closed, Capt. Seamane sat dowr
70 the table with us and told US OF the pros
pests Of the company. He said the tut
ment one, as we would have no taxes t
pay; also that lime was scarce here a an5
readily commanded $3.50 per barrel
He stated that the assets vert
equal to all liabilities, The GER
tihcate referred to as being held by Col
BOyce as security was No. 1873. Captain
6esmans stated that he owned 25O0 share
Of stock, and that was the stock We pur
chased. Witness wae here asked to exam
ine the books of the company, and testlhe &C &c
to the same alterations as sworn to by G. q
Bragg The red numbers. I understood
from Captain SeamaDs, were the numberI
Of stock settled for, or, as he said, held II
escrow. took the stock ledger to my room
how much stock had been issued. Thii
book has been in my possession since tha
time, and is the only one rot altered. The
remainder of the books were kept in the
safe. Captain Seamsns knew the cOlnbina
1 tion Of the safe. and had access to it. WheI
We took the books noticed that the mum
hers Of certificates were out of order, bu
after my return from trip to Victor
found them all In order"
Considerable wranglipg was here engaged
in, which has marked the entire course o
the trial. Attorney Dunlap wikhed to esl
tho witness question In rebuttal to, ,
statement made by q certain sheet" AT
torney Fitzgerald objected, on the grount
that newspapers were not defendants in tn
cnse. Attorney Dunlap cautioned Mr.. Mer
nm, the fragile reporter of the Tribune, tina
he he'd better remember what he had beel
told ON Wednesday.
day.
Deputy Attorney Dunlap that MI; Stevens
City Editor of the Tribune, desired he woul
come to him ii he had anything to say an
that he, Merrill, .was.simLly dong what h
vas detailed to do. Dunlap became some
what excited and said he would cane him
notwithstanding, he wrote another such
report - on Wednesday. Col: Boyce beinl
present, requested that Mr.. Merrill be a.
lowed to do as he was ordered and suggeste'
that no one would molest him. Mr.. Dunla
replied threatening the Colonel and st sted b
s1uri@e,sYN sovvo him 1ikaminop After consider