Los Angeles daily herald., 1888-02-16
MARBLE STOCK.
The Story of she Prosecuting
Witness.

The Story of she Prosecuting
witness.
The Boyce and seamans case came up a.
announced at 2 P. NJ. in Justice Taney's cour
yesterday. Colonel Boyce appeared almost
on time and with the assistance of his ply
sician, Dr. Smith, and the aid OF a crutch he
climbed the stairs leading to the court room
He seemed In good spirits and told hi.
friends who came to ask as to his health
that he was all right and would soon be as
good a man as ever. "Wait till take of
my hat" he said, as he limped to his chair
"and you will see look all right"
Geo. S. Patton was the first witness sworn
He testified that at one time he owned SOC
shares Of stock of the Victor Marble Co. The
company was indebted to him at one time
and he believed at meeting of the direc-
tors a certain amount OF stock was set over
to him as a security. Il did not receive the
stock, as feared i, might some time be con
sidered as regular stock and l might he
assessed on it."
Mr.. G.. G.. Bragg was recalled and testi-
fed: | hal conversation with Colonel
Boyce and Captain Seaman at Colone'
Boyce's house, on Saturday, June 21st.
told Colonel BOyce I, with my brother,
thoue hit OF going into some business other
than real estate spoke to him OF the Vic
considered that a good investment He re-
piled that it would be, and that he consid-
cred it the best in Southern California. He
also stated that he owned 75uO shares OF
stock. and as he was in need of money he
would sell his stock to me If ! desired.
sold him ! preferred to allow him to re-
main in the company, as he was a friend of
mine, He also stated that Captain Seaman
the finances and could tell me more
about it. We made an appointmen
with Captain Seaman next day,
at which time we arranged the purchase
l discovered after the sale that the number
OF my stock certificate had been changed
1t appears 1t was issued as number 1892, but
was changed to 394. JEO. C. Perkins had
the stock issued under 1872, the original
number OF my certificate. find from the
Perkins, 3s2." In July the books show that
Captain Seamans owned the stock. know
that the number of The stock issued to me
was changed. / think the figures were
made by Captain Seamans. When / first
took the books know that on pa &c At tn IRE
was nothing to show that Colonel Boyce
owned the stock that the books now credit
him with. $500 shares were sold to me,
but from the books only 400 were genuine
stock, comprising rifcates 300, 31O 81
and 312 wers held In. escrow by
Captain Seamans, that is, held in
security. [Withess here referred to
page IL Oh Tue btOCk IeElbJtT. InlS Is
under Captain Seaman's personal account
He told me the stock had been transferred
to him in consideration of services rendered
by hiIn. The st ok ledger was taken:by Mr..
White to his loom, and it is the only book
which has been exclusively in our posses
sion. 1t has not been changed as are all
the other books, ana Ger! r!ificate No. 3S2, the
one purchased shows in the ledger 10 be
the property of Perkins. Colonel Boyce
suggested that we vote Captain SeaInans
SAn oh Of efnply for n rafnir,
him in the business, but he declined.
Cross-examination; don't remember
when the matter OF purchasing stock
in the Victor Marble Company
owned stock in the company at the
time made the purchase, and was diree-
tor. uolonel Boyce did business for him,
and it was fOr the purpose of talsing, rela
rive to q settlement, that [ went to Colonel
Boyce's place on Saturday think was
the first to broach the subject of the Marble
Company s stock. My brother, Prof. White,
and myself talked of the advisablity of in
vesting with the company, and l asked
Colonel Boyce what he thought OF such an
investment We simply spoke of the matter
as thing worth looking into. I told the
Colonel if we did invest we would wish 10
purchase controlling interest. The pur-
chase was not concluded on Saturday even
ing. The price may have been agreed upon,
but 1 do not think it was. We talked the
matter over in a friendly manner, he advis-
ing me as to what he thought of the Invest
mont. on Monday following, my brother
aud myself went over to the Coloners place
We found him alone. Captain Seaman came
in, and he told us the Captain knew all
ab out the matter, and would give US all the
Information we desired. he told us the
5e to the ReopeMTty s0G better han s
have 25OO shares. of stock My brother
asked him if he had the stock and he sa d
he had; price was then agreed upon, and
l delivered check for $1,000 to Mr. Sea
man. They advised us to secure two thirds
of the stock. think we talked of purcha-
sing Cast ter's stock. My brother suggested
that he did not think Mr.. Caster could meet
an assessment if one should be made, and
possibly his stock could be purchased for
for it. Col. Boyce said yes he could meet
an assessment, and If not he would meet il |
for him. l objected also to the. purchase,
stating that we did not want all the good
plaint before l swore to it. think it was
day before yesterday that swore it out. At
this stage OF proceedings waiter brought
Col: Boyce glass OF milk which he drank |
with a relish.
From the books find that Captain Sea- |
man was not the owner of the stock sold, |
except 400 shares All the conversation |
had relative to the purchase of the stock |
was held at Colonel Boyces residence He |
never sent for me, but was induced to
make the pu' chase by the representations |
Of Colonel .Boyce and Captain Seaman.
believe testified that the change in the |
number OF my certificate was. made after
the transfer. The books were in the safe of |
The company from the time of the purchase
until took them to the District Attorneys
office. l did not discOve the alteration OF
certificate No. 1872, until went to the Dis.
trict Attorneys Office. have since noticed
other alterations in the numbers OF certifi-
Gates, but they appear to have been simple
Thus the last number of an |
issued certificate may have been 100 and
In hurriedly issuing the next one in regu-
lar eSsr Ss o2 %9y have Secesstsng nfsa given
change of the number to 10l.
My object in this suit was not to extoIt the |
mouey had paid to Colonel Doyce, for
have telegraphed to Cincinnati, stopping |
The payment of the draft. The check was
good when gave it to him. | swore out |
,he information because considered they |
mad attempted to swindle us and secure |
money by fraud remember having had |
} conversation with Mr.. Spence at his bank. |
It was with reference to the check and The |
,uit brought ag inst me on the check. I
lid not state to Mr.. Spence that came hero |
prepared for just such transaction as the |
Boyce affair and that had my property |
hem to recover a cent from me. told Mr.. |
spence the circumstances of that deal and |
hat did NOT propose that these men should
ret a cent 1 told him that as far as the |
% lose anything and If 1 was sat.
SIZED the claim was good | would |
pay 1t, but did not propose that these men
,hould have anything. l may have said |
hat my property was in such q shape that I
lou d keep him o-anyone else from collect |
ng anything, for such is the case. Attorneys |
or the defense at this time stated that !
hey did not wish to continue the examine |
ion until certain parties snbp9naed could !
,e present, and asked that a recess be taken. |
rhe prosecution wished to ask afew ques- |
ions.