Los Angeles daily herald., 1888-02-18
THE MARBLE STOCK.
Testimony Of D. G. White
for the Prosecution.
THR TITLE OF THE COMPANY.
The Case Continued Until Mon
day on Account of Col.
BOyce's Illness.
THR TITLE OF THE COMPANY,

court, That the Qeldy III the appearance Ol
the defendant was on account of q relapse
under which Colonel Boyce was suffering.
Colonel Boyce showed decided symptoms
Of Illness, and it was with a great deal OF
difheulty that he reached the courtroom
and took his usual seat His physician had
advised him to remain at home.
Assistant District Attorney Dunlap ex-
pressed himself as being quite willing to
continue the case owing to the Colonels
illness.
Judge Fitzgerald thanked the attorney,
and said they were much obliged and ap-
preciated the kindness of Mr.. Dunlap, but
as Colonel Boyce was here and his physi-
clan stated that he might soon be worse, he
proposed to proceed with the case, and If at
any time the Colonel became worse the case
could then be continued.
D. G. White again took the stand, and tes
titled: The company was out of debt, but
their books do not show It,, and accounts
are Often coming into the office. The assets
cal book-keeper, 1 examined all through
the stocks. but did not find number 1873,
which was looking for. got the stock
from w. w. Seam ans, just after the consum-
nation Of the trade. 1 had not examined
the books before. Capt: sesmans. told me
that the first thousand shares on the stock
book. 800 to 3l2 Inclusive, were held in
Alter the sale I asked him about the
thousand shares, but got no satisfactory
$310A owing to Mr.. Duffy by Mr.. Bragg
after bought the shares. 1t was explained
BY Capt. Seamans and Col. Boyce, who
said 1t was money to carry on the business
and would be paid in time.
Cross examined. During the past twelve
months, and especially the i inc months,
1 have been engaged in the insurance busi-
ness. left CiRcinnatti to come to Califor-
MIA with the Braggs to enter into any kind
estate business. l did not know what
kind of real estate business. The Braggs
spoke to me of an offer Of some stock in the
Victor Marble Company. Sunday, January
spoken to of the Victor Marble Company.
I could not tell the hour it was first men.
toned. believe 1t was some time before
2F.M. was at the Bellevue Terrace at the
time, where we had a suit of three rooms
I think the conversation took place in Mr.
9. q. Braggs room. He stated that Colonel
B0yce thought it was good investment to
60 into the Victor Marble Company. The
1irst time met Colonel Boyce was the day
to Colonel Boyce's house, but do not know
whether 1t was morning or afternoon. We
went there to see if there was any mail for
US That evening went to the opera with
%aned sEs MtEhs coone Sno 3 Boyee ssssg Asssy the
opera we went to Rosters bakery
and had lunch and then went home.
went on Monday with the Braggs tn see Col.
Boyce and met Capt. Seamans Mr. J. Carter
and Col. Boyce. do not know whether
Capt. eeamans was in the house when got
there, but he was there soon after. We ali
spoke about the Victor Marble Company,
out DO not know who spoke first about It.
went there to learn whether it was q good
ynVAAfmRnf G m hrra
aud 1t thought the investment was good.
solely on Col Boyce's recommendation. we
would purchase 1t. made inquiry as to
the property and completed the transaction
Col. Boyce and Capt. Seamans, as thought
Sney were reliable men. never spoke to
=: r: Bragg about it, although was with
nlm IN C1ncinatti for over month. never
saw the books before made the purchase
G. =. Bragg was director and large stock
daol3er in the Company since knew it, He
told me It was his idea that it was a good
Investment If properly managed, but 1 had
uQle congregation with him. 1 am posi-
Richards about the Marble c.. knew
he was director before made the purchase.
There was nothing said relative to the re-
tentacn OF Richards in the company in my
presence. After the sale was made met
me considered the company little shaky.
think 1t was on Thursday after the sale,
that the conversation was had. We talked
OF the report made by Parsons. He said for
something a little fishy about the title Mr.
Richards did not say that they held bar
gain and sale deeds and that the title W as
perfectly good. Mr.: seamans told US they
neid contract with some parties by the
name OF Sutt0ns by which they would pay a
royalty OF 25cts. on each barrel of lime
taken from the quarries, and this Influenced
as very much in the trade. The Suttons
came into our office and we, offered them a
they never offered to pay the 25cts.
They offered 15cts. per barrel If
We would protect them in the title
We offered to pay all the running expenses
to start the concern, and we would there
after pay them 81 per barrel for all they
would produce. l don't know whether I
am d ,ector, or not, or, in fact, what pO-
sitiOn do occupy. The books were turned
over to me and received them, thinking I
Was an officer OF the corporation: but afte
found was elected by illegal stock did
not know whether was an officer, or not.
Ny attention was called to certificate No
1913 on account of the red figures and notes.
and Mr.. Richards to the red notations. W
endeavored to trace ou the his Ory of the
certificate, as we did not understand why il
was issued in red ink. We found it was
Issued to Colonel Boyce as security for
We made the examination. 1 inquired OF
Captain Seamans the meaning OF the red
notati0ns. He told me 1913, was held as
security for none advanced to the com.
pany. After the sale l locked for No
S73, but could not find it. The books
were kept In the safe, and l had
combination, as did also Captain seamans.
We examined the titles to the company's
property and we could not find any salts.
factory claim in our favor. / considered
the title very poor. 1 made the examina.
ton In company with Mr.. Parsons AZ d c
G. Braggs. "a bundle of deeds were here
produ ed and the witness asked if he rec.
0gnized them as the instruments conveying
by bargain and sale deed the property
claimed by the Victor Marble Company
Tne deeds have been in my possession since
the sale to Mr.. Brsggs. l am familiar with
fhcm and the terms of same.
Redirect examination There was not a
word said relative to purchasing Richards
On account of the condition of Colonel
Boyce. he suffering severely from a relapse,
until Monday. at 2pM