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'TtHIIITY-NINTH YEA1L NEW YOr.K, WEDNESDAY, SEPTEMBER 4, 1872. PJIIClT'rWO CKNTTsT" I 1
1 " m '" i ... ,,. MB,
' Till KIXCJP Fit Al'E
(tloY the Credit Mobilicr Bought
its "Way Through Congress,
Oongressmon who Havo Kobbed tho
Poople, and wbo now Support
tbo National EobbDr.
HOW SOME MEN GET FORTUNES.
frincely CSIfts lo the Chairmen of Com
mittees in Congress.
t'roiu '2,000 lr .'I, ()()() Share Kneli lu Usury
Wilson, ihu)lor t nlln , tlrnrge 1 1 n u I -tll.
.Inlni A. HIiikIiiiih, Jiiuic A, tinr-fli-lil.
the 1'iittcl-oiis, llllol. llluoks, Daw.-
niul .Inmc (ft Hliilue,
Cow-!- nilrnr e of 1 ho "Mm.
l'ini. wiKi.i'iit v, Svii. ft. Tlio revolution
contained 111 thu sworn testimony nccMiip itiy
Ing tlil tire J no explanatory Introduction. It
Is tho linxt damaging exhibition ot official niul
private villainy and corruption ever laid hate to
tlio gaze of the world. Tim Ylcc-1'resldoiit of
the I'nlted Slates, tlio Speaker of tlio Homo of
lteproschtatltcs, tin1 chosen candidate of a great
party tor tlio second highest office In the gltt of
tlio people the chairman of almost etory Im
portant committee In tho llou of hpresnta
tlvcs nil of them arc proven, bv Irrefutable evi
dence, to liave been 1 1 rl I kmI. Surely, after this
exposure, no man w ho has nny respect for tho
honor of Ms country any loto fur our Itistltti.
lions -will by his tote nkl to tnalntnln these
men in til ice nntl power. If there was room for
a Joulil In this case, 1 for one would lie In favor
ot giving these men tho lioiiclHot it. or It Is
almost lie) ond belief that our public men could
liave fallen so Ion-. Hut thero Is no escaping the
conclusion that they are guilty.
' Tho public has lone known, In a vague sort of
way, that tho t'nloti Pacific K.illroad was n
Clcantl: steal. Tho subsidies In bonds nlono
clvon It by tho Government wero sufficient to
build and ciiulp tho road. Yet, In addition to
this, Congress passed an act allowing tho com
jiany to l-ue first mortgage bonds, nud compel
ling the tlovcrnment to accept n second mort
gage as security for the millions of bonis guar
antei d by it. Nor w as this all. Tens ot millions
of acres of the public domain uero thrown lu
us another nice beiptct to this corporation.
The evidence printed below shows Into whose
bands all this plunder fell ; bow It enriched n
favored few, who still continue, to crow richer
and rli her as tho valunblo lands ljlng nlottg tho
line of the rr.ud arc thrown upon the market.
A half dozen men. by liu Iric up a Pennsyl
vania mrporatloii known m the l'etin-)liaiila
Fiscal Agctic), mid changing its fame to tho
IV dit Miihlller of America, cot control of the
I'nlo.i I'a.-illc Hnllruad, and made millions upon
mill n of dollars In building and equipping It.
Theytill control It, and. ns Mr. Mct'onib sas
brl .w.the stoikhoIdtTs outside the Credit Mo.
biloT of America "have not and neer will
rec ,i a cent ot dividend." Tho history of
the xuli which Is the moans ot giving
th' 'poiire to the public Is somewhat
riiri "i It seem that Henry S. MeCuuib, who
lias til d a bill In equltv ill the supreme Court of
l'ei i'-,lvanla against tho Credit Moblller, was
on" ii ti.e original corporators of tho I'nloti
l .i i. Uiili-iu fompnti). as well us one of tho
lav. i d few "ho got Into the Inside ring. He
sva-an U' tlvc manipulator of both the rallrad
company and the Credit Moblller. and. as will ! o
ci-h by hi testimony, he made piles ot money
out of i. Hi. Hut home of his good friends, it
teems, were not willing that he should have all
thai tlgutfuily belonged to lilm. He had tui
srrib, d for a'O shares iW.oiil worth-of the
Hook of the Credit Moblller of America for ono
II. (. I'nnt. then of Itlclunond, V.-u, now
of Washington. I). C. He gave his draft on
l'ant to the treasurer of the cotntiariv In
pnircn of tlil. stoi k ; but Kant failed to honor
tho i' ift. niul thus th;ew the load on McCotiib.
Mr. i. i" .iiiIj kti.-w there was a big thing in it,
mi l In- had the cash to spare, so lie acreed to
lake l aiit's lork. Hut there was tome dlO.1
cullv at tlio time about an Imperfect power of
attorney from l'ant, and when tout was cor
rected thu l'ic. blent was out West and there
was no certificates signed. Iieforo tho l're.l
dent returned lie hud been deposed by another
furl ion headed by Ames, and tho stock had
become so valuable that they determined to
cheat McComb out of Ids stock. lie demanded
It time mid ugulu, but thu Ames faction would
not let I. ini have It. He then threatened to bring
suit. This innde them tremble and promise fair,
but never brought them to terms. Ihey ex
plained to hint that it had been necessary to m-e
til of Ms u shares and a great dial mote to
kci p certain members of Congress tight, and
told In in that he had been beuellted thereby and
ought to bear Ids proportion of the I s. This
explanation seems only to have Increased Mc
Coinlis determination to furco them to settle
with him. He had adroitly drawn two letters
and several vorbal statements from Oakes Amos,
explaining how he hud distributed the stock
mil'. mi thu prumlnent members of Cougrrss.
and he determined to use this Information
to lir ii' Ames and his faction, wtiu are
etlll controlling the company, to tonus.
Aci ordlngly, In In.u, ,u tiled his bill In
t'iuii In the Supreme Court of l'oniisjlanln.
Alter a great deal of nuinuutrlug the tuuiiicl
fur Mi Comb apidled tor an examiner to take
testimony m the caso. A Wilton Norrts of Phil
adelphia was appointed, and the testimony of
McCoiuh has thus far been taken. Ily the most
tlngi.h.r i banco this testimony lias been placed
In n b.mdi, and I hasten to lay It before The
fu . mnlion of readers,
llrnU S. MtCumli vt. 'Die CrtilU Mahtltir of
Aim i e (i, i'Wiiri Jnllon, John 11. AUv, tou'lumi
17. lluaitl,CluirU M. Grtky, Ofli'd If, llmntt,
Tlfimtu lluuLmd, I'uul Huh!, Jr., 0'ihm Amu.
CmtUs . XtOmm. TlmmatC. l)umnt, Jmnm M.
6", II HII'iinf, ll'ii'dlct Slivwt, John Dii?, nml
C'kiiIi .V. ffiill, SuiHtmt Court, (n i.'.juKy, y;,i(.
mi III' rt t, JaiiM'iiu Turn. A'o. 1. In pur
tuaneu of this appointment, the examiner in
the ubuo-uientloriod c.io had a meeting at bis
ofilco. Sll Bouth Third street, In the city of
riilludelphla, on Monday, the 12th da of June,
1671, where he was attended by James II, (low en
and Samuel O. Thompson, Ksj., for coin
plalnant, Hlchard Mc.Murtrle for dolcndanU.
Ilonry S. McComb, being called and duly sworn,
testified as folluwd:
Testimony of Henry M. .llrCiimli.
(I)ltnt rrnminnWm Mr. ilm-r r.)-Q. Vou
reside at NMIinlngton, Delaware A.- I do.
(J.-i on are a sioekholiier lu the corporation
known a, the Credit Moblller of America r A.
l i , sir.
U. Vou hao been for several years? A. Vos,
y.--l)o you remember when your orlglunl sub.
scrip Ion was made r A. I think I -.'. I don't
m iJ"' i1.!'10 'VXar.t 'lil1"' '"""d hato known
oi fl'dtely by referring lo my certllli ate.
y.-herowat thidi olll. eat mat tune' A.
T iii principal onk i,alt. , , nliv.ivs been lu
Now Vork I''1"1'1!''! mil to lu fact was lu
O.-Tho books were kept in New York? A.
niadono thor tU"" ""U "'B 'M1,1"UM
".-The olUce'rt ttayed thore? A,-Ys. sir.
i Tli men that did tho buslnr ss of tlm cotnpnnv
' staved In New York, and tho books of tlio com
pany tetiwdiied In New York.
Q. -You nro ncipialnted vtlth Sidney Dillon?
A.- Yes, sir, very well.
I. Von nro acquainted with John 11. Alloy?
A. Yi s. sir.
Q. Hon laud 0. Mnrnrtl? A.-Yes,slr.
V ( I nrlei M. (itlskey, do you know Mm?
Q.- l) ,' ou know nl T M. Ilartics? A, Yet,
y. Do on know Tiio 'ins Itonlnnd and l'nul
llohl, Jr.? A. I don't think I know either of
The IHlrilnrs hi 1MIU.
Q. Vo yon happ n to know who were the T)l
rectots of the rodlt Moblller of America In
lm A. -Yes, sir.
J. -Thomas C. Durant was n Director? A,
(.-What offlco did he hold In 1WKJ? A.-1'resl-dent.
y. -James M. f. Wllllami! was lio n Director
at that time? A. -I think he was,
y. Hencdlct Stewart and Charles M. Ilaln! do
you know them? A.-l think I know Mr. Stew
art und Mr. Dulf.
O.-Thcytesldeln l'lilladclphla? A.-One of
y l ) oii know John Duff? A. Vory vell.
Q.- lie lives In llo.ton? A. - Yes, sir.
y.-Wns heconnectcd with the Credit Mobll
ler li Nil) A.- lie was olio nf the members of
tho itallroad llille.iu of the Credit Moblller who
wen the absolute tnan.vers of the concern 111
y.-Wlm clo wero In that conimlttre? A.
CunellusT. Hushnell and liurant. 1 think C. A.
I.oiiiIikiiI. I recollect llulT, Hushnell, and I)u
rBt veiy well.
V You are ni'oualnted with 11.(1. Kant? A.
y. ile was In Iwvt, In the month nf March,
rr-ident of Itb li-noM.l Vv'' A. Yes. sir.
y. Previous to Mar, li. did joii have any
co'ii'irinlcatloii Willi him with lelcrenco to his
tiilscrlblng to stock of the Credit Moblller of
. iiicrb ,i .- A. - Yes. sir: personally and by let
ter. In the month of I ebruar) preceding tho
latter part of It.
y. - Mate what pers, nal coiiversat'on um had
with li I ill on tho fiiI U'. t f su'i-, illilni; foi stock
In this . orporattoii? A. I was In Virginia I
think about the lull, 1-th. ir P'th of l el'iunry,
ism, nt the Kxchuuge Hotel. Mr. I'nnt visited
meat the hotel. In the course ot our Inter
couise the subject nf tho I'm ISc Itallrond was
talked over, and lie requested me to put bun
Into what he called a block. I told him th.it
cur. els an bodl' took list than i",WJ worth,
or 2 Vj .shares.
The lli.lilr Hint.
y. Of wlmt? A rrcdlt Moblller nf Amor
lea. I represented that as the Inside Hliig. f the
I'acitlc llnllrnad. that oiitsideot that the I'm III,
llnilto.nl w.i not atitlilng. and he a.ked i.ie 1
bate a Idock. lu. he termed it. subscribed for. ale!
then subsequently w rote mo after I got Home I .
be ure t,, to It. The letier nuth. Tiring that
subscription I g.ivo to Mr. liurnut at the time I
cal'ed at the olllce to make the subscriptions.
y.-Iiid you get It back A. No. sir; I never
got that letter back. 1 got a subsequent letter
from him beforethe lime of subscription, urging
me not to forget It. I.Mr, (lowen culls upon tie.
fciiilants to produco this latter from l(. (I. Kant
to II. 8. Milomb. aiithorUIng lilin to subscribe
for ST shares of stock.)
li. You wi nt to the office of the company on
the 3d of Mur.-h. Invj A Yes. sir.
y. Who was in ting ns Treasurer at that time
A - Oliver W. Harueswas at thatjtliue Treasurer,
nnd Henry C Crane the As-i-ianl Treasurer, and
the otlb er who did the business of the Now
I! Mr McMurtrle-y. Ami real Treasurer'
A Ile was the otilv man at New York who did
any of tho compant s business exeent Duraiit.
y Hi was permanently stationed at New
York A - Yes. sir ; he was at the oftleo 111 New
York, ruled the i.ni.eofthe Cr. .lit Moblller of
Anierle.i, w hlcli was then at l.i Aiilimn street,
third tloor. I think.
y. Was Mr. Duratit, the President, there at
that time A. Vos. sir, he was there.
y.- It was on that occasion you gate Idm that
le HT ' A - Yes, sir; he was In the building
that day. 1 had an lutenlew with him myself
on that day befjre this subscription was made,
O. What did you say or do that day with
reference to this stock subscription? A. I
d n t know all 1 said about l'ant about his mak
ing a subscription ; I gate tbo letter to liurant
In which he requested It to be done, nt my In
stance, saving I had been tho Instance of getting
tho subs, rlpllon. 'I ho company were wsntlug
subscriptions and money at the time, and I went
dow ii -lairs, or else I spoke to Mr. Crane, or elo
I sp ke to him up In the room adjoining Du
rum s lo make this stibsctiptlon of Mr. Kant.
Q.Kor how many shares? A. 2J,V) worth
of stock yfs) shares. Mr. Crane went to Mr.
liurant nnd bad n conference before he would
do it. Ile came ba. k to mo where he iCranei
occupied as his otilee, and said he would enter
the sut scriplioti If I would gle my draft. The)
knew my draft and did let know nnj thing
about Mr. Kant beyond n slight acquaintance
will, tit in. I had urgid them to make a 'ill scrip
ti.'ii and draw on l'ant forthe money, w lib h If
he tool d -lie. would hae relieied tue from any
responsibility In the transaction. The) would
not take that, but Insisted upon haling in)
draft on Kant, whlih Mr. Crane wrote out and
which I slgr.eii.
y.-A draft to tho order of whom? A.-A
draft to the order of II C. Cr.iue for :K0 shares
of Credit Moblller of Amerb a stock.
y.-Do ton know where that draft Is? A. I
do not. I ric versan it since the day I saw It In
the oniee to the best of in) knowledge, belief,
(,'.- That was agreed to. was It not? A. -That
was agr-ed to. '1 hey accepted It as cash. Mr.
Crape considered tint at go.nl as tash.
y. - Provided that you would tnd In the
I'tii. v ! 1 1 IV .uvi ii'iiuii ui ii. i am I .11.11
s ixm-tlt it.
y Did y,"i sign tho subscription bonk at the
time? A till no. I ueter did that lu any to( k
I ever b id.
y.- lion much stock bad ou before? A. I
think I had tj shares -fsi or issi shares.
y - In taking that ou had hot -igneil any .lib
strlpttoit book A. I never signed nn sub
scription book from beginning to the end ot any
stock 1 eter had. I baie now til shares.
y. Do you know of a subscription book being
there ' A. I never saw It and ncter heard of It.
y. Did you not take an active part In this
matter? iihies, sir. I was conversant with all
Its manipulations. Tho whole thing was organ
ized by Thomas liurant. Cornelius ll'ishnell, i.nd
myself. We wero tho first subscribers to tho
Object of the Moblller.
y.-Voii have noken of the Pacific Hailroad.
This Credit Moblller of Amerb a was n corpora
tion that was orgauued for tho purposo of c n
striicllng the l'aclllc Hailroad, was it not' A
Ve. lr: Its namo was changed by the instru
mentality nf (icorge frnni Is Train nnd bought
by the PaclHc Hailroad b tti Credit Moblller of
America for the purpose of working In w hat was
called the Inside lluig, and being relieved of re
sponsibility cover Individual responsibility to
dolt under an Incorporated form 'I he Idea of
this was w lili thosewhu went into It not to In
cur poisonal n spi nslhllltr.
y.-That was their ldu.tr A. Yes.slr; that was
It, and no man who had a share ol stock
amounted to anything or got .mi thing except
ns his interest hero in the Ciedit Moblller of
y. -So that u Intel or proflt was realized wis
realize. 1 through being a stockholder of the
Cie lit Mol Iber of Ameile.rr A.- lintlrcly so.
y - Did Mi. Crane make an) memorandum or
enirv of tnls tiiuisai lion A. Ho wrote oil
s no tlx i wlnie I was tin re. I w..- not notic
ing. I I. sill flcqlll lit I v to Vl.it the oil! e.
y. Vou noticed ho mndo some entry? A.
lln w rote olf something In a book. I don t know
what It was. After I li.nl . Ignod the drult ln
opened the book and bejinto outer. 1 don't
know wtiat It w.i-f. i, wlietiierlt was for tills or
y --Have . i.i si-en since nny entry made In n
book A. ) e- sir; I hate seen tho book.
Mr llowen- I suppose tl.e book can be pro
Mr. McMurtrle I presume that or a c.py i f it.
Mr. Mi Comb I prefer to see Urn book.
Mr. (lowen- 1 will tall forthe book.
Mr. McMurtrle I have glien )ou a sworn
cony of It. It Is the cash book.
Mr. tionen -'I lie plaintiff's counsel calls for
Hie book. and here lequests Mr. Mi Muitrie to
produce nt tho next meeting all) book of the
Creult Moblller of America containing an entry
of n subscription mndo on the M of Match, s
- nny book containing an entry of a subscitp
tloii for -WO sharui of the stock of thu Credit
viol llier of America mvle on the fid day of
.March. Ism), by H. ri. McComb on account of U.
(1. 1 ant.
Q.-Dnrou remember, or have you any rood
ectlonof thenaturoof tho entry A. I think
It was "Capital stoik Dr. to cash for this
amount reroftod for II. S. McComb In payment
of subscription of :0slnres by II. tl. I .int."
y.- It was cash Dr. to capital stock ? A. Yes.
sir. il wits cash l)r to capital stock for sub
scrlptlnn for shares. It was mado In the reg
ulurwa'. y. w hat niit said about presenting tho draff
A. I o whom?
i 'J:, vT1u- ,lr"ft I!'?1 '"'!. Imi1 fvo" n"
".t ."''i',"'1" ald on presenting thla
dni to H. ti. l'ant A. When I signed the
draft I mado n lemark to Mr. Crane that lie had
better hold It for two or tluco days and Imme
diately w rite Mr. I ant, and tin u send It through
tlio regular bank that tne Credit Moblller of
America kept their account In In New York,
whltli he agreed to do.
y.-Wliat was tho object of that? A.- Mcrelv
that I had not agreed with Kant that I should
give my drnlt, but Hint the compniiv slumM
Klio their own draft, and that ho might h.no
notlto that the dralt was coming, so that If his
lluaiicos wero nt all out of sorts ho could mnko
them good; f&,(w Is not u trlllu to be passed by
O, Tho object was to give tilui notloo that
l tho draft had beon drawn? A. Yet, tlr ; and
that he might provide for It.
I t). To pay when It was prcsonted? A. Yes,
sir; that was tho Idea.
(,.- Mr. Crano agreed to hold It? A. Yes, tlr)
I said two or three days.
y.-Now, will you pleaso slate, It you remem
ber, what tho stock of tho company was telling
fornt Hint time? A.-l do not think thero wcto
nny sales at that time. Very fow. Wo wete
troubled fur money and anxious to get sub
scribers. Wlint the Hlork sins Wnrlh.
Q. Wns the stock worth par nt that time? A.
No, sir. Nnno of Itwns disposed of nt that
Immediate tlmo for lets than par, or Immediately
y.-H could not liavo been told nn the street at
par? A. No, tlr, not at par, nor at nny prlco.
y.- It was anew enterprise? A.-ltwatanow
enterprise:, and could only be told to those who
knew the purposes; nnd to men to which this
wus unknown, It would not have brought a cent
y. Do you remember about this time of addi
tional stock belnrf taken by the subscribers? A.
I think there was about that time, or toon
Mr. McMurtrle-That was long afterward,
Mr. (lowen Tho minutes of thu company
would demonstrate that.
y. Vou say afterward? You do not recol
ici t Imw long? A.-l do not recollect how long
nfterward, I know this, that thoro was no
trouble to get the ttock lit that lime.
y - That Is, anybody that wanted to subscribe
could hnvo subscribed? A. Yes. sir. Thorewn
no hesitation. If I had wanted to take that In
my ii.iiiie, and give my note for It nt from four
to six months, I have no doubt they would bale
y.Wns there an) thing then said or doll's nt
that time to Indicate this transaction was not
coiisU'imiatcd A. Not a thing.
y. No oblcctl ui tnador A.-l supposed It was
consummated in M".
y.- What wa the next step In the history'?
A. It seemed from Mr. Crime s own testimony
to tne that he lind forgotten or inl-lalil H.is
drafti b.ul forgotten It In some way or other,
nnd did not send It forward until tin-'-.nth ol
y. Mr Crnne teld that t" you ? A Vi ..ir.
y That be hid ..icrl.oked li A .. s'r.
overloi ketl it I don I know upon w hut gioiuid
II had been mislaid : nut It was not sent forward
until tlie'jmli of April.
y. lie told you then that h h id sent It ? A.
Yes. sir. Ho told me tlint he had sent II. nud
that Mr. l'ant could not p.iv It. 'I he first I
knot that he had sent It, nnd nfterward that
Kni i cold, I not pai It, his affairs Inn! Inelicoli
slilcriilili upset in some matter" wherein be wns
In. crested, and he called upon mo to pay tho
Th Mock Trnusterreit.
O Did Mr. Crane npplv to ) mi to pay It ? A.
- es -Ir lie wrote to me or called ut on me. I
ib n't rc .-il, ct whether It was In Person or bv
writing; but he gate mo t understand thnt
K.ini's draft was not paid, that he could not pay
It. and that I must take It up. Immediately on
my receipt of that notli e, I telegraphed or wrote
to Mr. l'ant to send m a tjwer of attorney, nnd
complaining of his failure to carry out his agree
ment. y.- Power for what? A. rowor to transfer tho
stock to me. Mr. Kaut sent a tmwerof attorney,
which was re. elicil by tne lu Wilmington on thu
11th day of May, 1n1.
y. It was a imwer to transfer this slock? A.
les, sir. I gate my check and got It marked
good, and tent tills clink by my secretary to
y.- hat Is his name? A. Samuel II. IMgar.
0- He I. In jour etniilo) )etr A. cs. slrjlll
y. - Vol. sent l.i mi on witli this cerl Ifled chei k '
A. Vis. sli. Diawu to the order of 11. C. Crane,
Assistant '1're.i-urer. He larriod tliem to New
York, mid pres. tiled both to Mr. Crane, Assist
y.- Yu w.-re not present' No, sir. Mr.
Crane declined to transfei hi , nuse the power ot
attorney was not In proper form.
y. Did ou etcr lie.ir so from Mr. Crane? A.
-.ct. tlr. I heard so from Mr. Crane, and that
was erliled by Mr. Crane in his own hand tilling
up a proper m.ui r of attorney, and si itlng that
ho would tranter It on the i turn of the check
and the pnner of attorney signed !) Kaut.
y. Thai Is, the power of attorne) drawn up
bv Mr. Crane'? A. Vis. sir. It st.it,.s that ITS)
shares of stock of the t u ult Mobii.tr ot A merl
in was transferred lo inc. -ii,,. ti,iwcr of attor
ney was dated the ami of May. 1-sVl. signed
by Mr. Kant, returned to mo by Mr. Kant, and
by me carried to New York.
y. -Whit date was that? A. That was sub
sequent to the lA'tli of May; about the OUth of
May, 1 pri mine. The llrst presentation vas
tnnilr on the aid of Ma. It was rei eived by me
In Wilmington on the ':1st. The pow. r of attor
ney from Mr. I nnt arrived on the -.'Ui. ,n,d Mr.
Lilgar went on the night train and pres. iited it
on the morning the -M.
y. Ile came bat k witli the i,.ni r of nttortu y
that went to lie limum! and nine back with Mr.
Kaut signature A. Yes, sir.
y V' u then went on to New York yourself)
A.- Yes, sir , some days afterward. 1 think It
was tint Inter than the alsi of May. I don't ro
ll, en. tier , iiu tly . I nasoiiluy way to the WhPu
No Celllflrntrs scnfd.
y - You stopped at the office nf the company?
A.- I es. sir. 1 slopped with the chei k and ..iw
Mr. Crane, and ottered lilm the iheck and power
of attorney, lie at klionledged to me it was all
right, and the temb-i all rljlit.bu' Mr. Duraiit
had then gone to Oiu.th.t. gone West.
y-Wh.it effect hul ll.al A. That he had
no ertillente of stock signed, and he could give
me no lertlQcate of stock.
y.-llc could gle )ou ii. certbb ate of stock?
i-o,sir. iivuiiinoi oii.'i me an) i eriiucaic
of transfer. He offered shupl) lo tecelpt. as no
tertlficates of stock were signed.
y.- Did he make any bjntloii to the offer?
A. He iiroclalmud eierytlniig right nud satis
factory, and Unit I -I,,, u. 1 le lie t In- i heck.
y. '1 bo he k was h per'H.tlv good i-heik'
A. Yi-s, sir. as goi.J an ilu b.oik
y. Mr i 'rane knew tour i ir. uinstances ? A.
Yes, sir. Ile would lako my die, k without any
ii rlifh atloii si all
y. You wonlil n - let l.lm have tho i heck
without the teriiUi ..to A. No, sir.
y. You ire a man of very considerable
iiie.ins ? A. -1 baie enough to pay mv ilebts.
y.-Known to bu sin li A. Ves, sir. and by
eterybody else that wanted to know tlic truth.
Q - You declined to leave the check unless
you got the stuck ' A. Yes, tlr.
y. Why did you decline to leave the check ?
A.- Mmply bcause Mr. Alley hud traduced Mr.
Duraiit, and pro lalmed him a thief, and a
scoundrel, uud a fraud, and that he had st len
tho assets, nud that nothing was safe. Imi a
little disposed to bellete thero was some truth
lu It. They proclaimed It so freely and fully I
n, is afraid to leal e It, really, or I would hate
done It lu a minute but fur those stories.
(J. You h id no knowledge of your own to in
duce yon to form nny such opinion ' A. Noth
ing but what 1 heard Mr. Allev and Mr. Allies
s:i ot lilm. In ikiiouiu lug Mr. Durnut as hating
perverted the assets to his own Individual use.
and the stock that he had got ho had never tiuld
for. It was openly and publicly spoken of hv
Mr. Alley. 1 had heard hliu say the assets timb r
Mr. Durant's manage!! i-nt were not aorth a dol
lar, and unless tlicy got lilm out the thing was
0. Then you It It the uf!h eand went on In the
White Mountains A.-I bit Hut olllce nnd
went off on tin- train. I do not recollei t whether
I came bin U homo Iieforo 1 went on or not, I
was gono some mouths.
y Thero was nothing loft undone? A.
Nothing left undone. It was all done.
Q 'llieiewa- nothing to do hut f,,r you lo
glte the check rid rceeite the certlfte.itoV A.
I'hti iiiideist.'iuil ig I hml was that w hen Mr. liu
rant i anie b.n k I coiilil h ivii my certlfh nto of
stoi It. I'hut was tho iiiiiierstainling I went
away with. I was not willing to take the risk If
I had nut the ceiiiflcate; butif 1 h id It, Itwoiild
put me ri In In tin- coiui any.
y. - Vou wont of! with your family? A. Sub
siiiiueti'ly I went to llostun, and was gono a
weik or two.
The I'ilst Dimculty.
y.-The matter remained In Hint condition
until what time? When was the llrst illftli ully
lalseil about tour getting this stock .' A. When
I came ton 1. 1 think I did not go to the ofll e of
the company fioin . el Imps June, lxoil. I think
I did not. I am not Jus' certain now. I may
have drooped in tin re once. 1 don't recollect
because I was lu New Vork when I was at the
White Mountains. Whether I went Into the
olllce or not, I cannot leinembcr the fuels. 1
know It was tho last of I ictober or the following
Notember when I came back again,
y. - You think It was some time In October or
November of I MM? A.-'lhat Is what I think,
and then 1 think Mr.John 1,. King of Spilngneld
was with inn I had promised Mm. Ho want
ed some stock In thoCredlt Moblllerof America,
and I had promised Mm this stock on tho ground
Hour, git lug with It Its accretions.
y. -Ill 'these shares? A. A pnrtlnn of
them. 1 had plumbed him a poitl ui of that
Mock, expecting to get tho original tiock with
the ucretli'iis which this suhs liptlo i woulu
hate cairli.il, and I dellteied nut of my own
flock what 1 agreed lo give Mr. King, expecting
thete shnres would eomo to mo.
Mr.McMuitlro-DId you tlx the dnto of this In-Union-?
A. I don't recollect the date of the
Interview. I hato been like you. 1 have been
aw.iv all tho week, nud only came homo on Hat
unlay night, nud wliat I now know Is from re
fieshlng my ri collect ton, as I havo been called
upon to-day. The tldng has been nut ol my
mind since I iinide my stntemont two )eurs ago
nearly, when I in.ido my statement there.
Ilotv the Sloil.'ims Increase,!,
Mr. (lowen When was that Increase mndo?
A. I don t lecollecl when that Increase was
made: theio hatnbeen two Increases made
theiii hatnbeen three Incieases. 'I ho llrst npi or
llonuu ut of the Credit Moblller w,i a million.
1, . Aftm-lhls Interview, which you sav wus lu
llio latter part of May, Wil, nro you nblo to io- i
int-mbcr now of what thu stock consisted -of
how many slinrct of stock subscribed A. I do I
nut. 1 do nut remember, It was uador two I
millions. My Impression Is that tho stock nf
tho company on tho 3d of May, 1SC0, was 1 10,000.
Krom Manh to May It lias been Increased ma
terially. y. The 3d of Mar It no period. A. Tho fid of
March, If you pletie, tho stock amounted to
y.And tlio capital ttnclt wat 125,000? A.
Tho Drst capital was n million.
y. When tho llrst subscription was mndo on
the nd of Mnrch, 1-WI, by ) on In tho namo of Mr.
Kant, nnd after, when jour check nnd the potter
ot ntlornev was tendered to the Treasurer nf the.
company, the capital stock of the Credit Mobl
ller nas less limn 2,V? A.- Yes, tlr, that It
to - the capital stock taken.
Q. Thnt was tho nominal capital, hut It wat
not nil tnken. 'I ho wholo two millions, how
eter, was not taken. I think about two millions,
and that was taken In May? A. Yes, tlr. That
Is my recollection of that. Cm tho very day, nnd
let mo say that mi to tho time of tho resolution
nf tlio stockholders' hoard Increasing tho
Credit Moblllor ttock fifty per cent., I'llUKOhad
been paid In, nnd my recollection is, Instead of
Increasing It to two millions and a half, Ihey
only Increased it to ,"rl,nl from fli'sUo'. I
will tell yon mv reason, because when all had
pot their stock and the lift v per cent., thero wi rj
,t shares of ttock In the treasury, of which I
y.-()f the ttock authorized, n conslderablo
quantity had not been tnken? A. Yes, tlr.
That Is my recollection of It.
y. When did vou demand these 2.V)
shares, or when did you mate formal appli
cation for them to bo Issued to you,
r.id when did tho parties Imvc thn posi
tion toward each other that they havo now?
A. When I ciimo hack from my summer trip In
the fall. I think, of IsHS. I think It was because
I was particularly long nwav that summer.
Wl.cn 1 came back I called on Mr. Crane for this
stoi k nud he -aid it wns all right, It would bn
fixed ; he would rK It up; nnd Inn under Hand
ing wns that ! was to draw on tu for the
It otiey. Meant Mm, ) mi know, they were making
these demonstrations ag .in t D.ir.int '
Alley's I'ltht Acnlnst liurant.
y. I:pl.iln what the demoiistr.r ion was?
A '1 he demonstration tv. is n .leiuonsir.it ion on
tl.e imi I of Mr. Alley. Itwns engineered par
ti, uliirly by hi, u. Ho seemed to b the grand
fi.glumiiii of it. i.il.cs Ames was denouncing
D i rani and nil of Alley's nnd Ames's pnrliiular
fiends. It was contested clear up to s.i7. until
they got p -ses'loii. It was n loutitt nb mt
turning Diliaiit out. The thing would go to tho
ibgs. It was not worth a cent on the dollar,
and Alley had opetilv prm lalmed il in a speech
In the West in In,:. The Intestmenl was gone
nml good for nothing unless they got Diiruiit
out. The animus of tho w hole thing wns that I
wis a friend of llutaut's; that was the trouble.
ion they ileliouniid him so sen id) they
hal been looking Into Ids affairs. I was
up minted on the committee on the par.
ol the Credit Moblller of America, with O.ikes
Ai-ies, to inquire into the i oiidillon of Mr. Int
rant's pa) ineiil of his monv for his stock In the
Cn dlt Moblller. And a Mr. Ilardwcll and my
self b uiid their statements false, shottlngpar
tlculaily thai Mr. Duraiit had accounted forthe
money paid for Ins k. and Instead of holding
It ns they alleged, he had paid for it out of his
twu inoiiey. lilicw a report to that effect, but
neither Mr. Ames or Alley would sign It. 'I hoy
both stated when I went Into tbo committee
room that If they found out that It was
true tliev did not mean to acknowledge it, and 1
liniile thai st.it. ineiil openly to John .1. Cisco
nnd a number of gentlemen. I would hate no
thing to do with a mull that would bint-ken a
man, and when tli-y examined nl uff.iirs and
foti id them rlgM would not acknowledge it.
understand I am making this statement under
y Now ) oil collie up to tlie exiiet time of
dnt-sr A I hate it .Hong, ) " i o'.-i i io. -p, ci
ally to lit the pint,. dar date within ttwlto
inoi tl.s In mt own m-iid.
The Dale ol the Increase.
Q 1 would like this particular date at which
the particularly refuse to tecognlu tour right
to this stock? A.-l cannot tell you this, ',..
first time that the tiling wns brought to my at
tention wss nfter tin- allotment of the stock,
when they Increased the capital ,' percent. I
was not present at the meeting when the capital
was uicrensed. but the ncc.uul of nil the stock
holders were made out. and win n I had obtained
notice the lupilol stock was incien-cd 1 went to
y. -When thl' Increase was mndc. wi It the
same time the it pe- ei-nl. was allowed .' A.
That was i.
y.- Was It consider".! optional or n duty' A.
- I do not kn ev w ut,: it was coit-nlcicd. Tht
fixed It themtelie- the conditions.
Ily Mr. McMurtrle lild they bate to entice
men to take II, or was It coiisOleri d .i privilege
to get the lu per cent addlllnnnl nt par? A. 'I he
Idei I hail nlsniit it was this : They had not got
tl e I. mils out on the market for stile, and It was
ilei.ned as a decent kind of way io gite th -so
t!i..t - ully knew Ins ie what it was a little
adt.ittage over 1 1. -ethai n,t.-oi,
y All were In Int.T "f It - A Ml. -o fir ns
1 ku w, but a cr it ninny were fo ling. Allev
was delirium lug it all the tlm -. A.- I iiianv
were lelionn nig It. They Wele s.-i I,. tig to pla e
this Increase for iln ir nn ' i-ii.oliiih they
rhl- w.is mule mi, w. u were lint
prv-ctit A Yi s, sr,
y. A part of be -to. k -if fieVipereeiit.wasal
lotieot. in lis', i kindlier.' A - Ves. slr.uiid evert
ten '. - v i.t goittl lie ii ti-.n-ti I iuoitH.ii;e
bolul ,s l".l. is I ( was i 1. iliued to be a dlt idem!.
It w is i Inimctt to bi away to make a divbb ml.
- a kind ,.f tiivld-ml. some money i-irtieit. but
tlei ilid leu kn -v. Imw to get It out. When I
came to get mine It w is -onie time after the pa
per w sn ' '. I t. ok the n.i-ier w Ithout le id
tug or b king a' I', and did not discover what
the difference was. I elnays took what was
allotted to tne In i tery form- evert thing -I pet
er refused at any lime, Ironi beginning to end.
I took mine: when I got home I found tl, Is
sloe, for i'ltit w as not Included ; I did not know
whv. They had not given It In the name of
Kmit, as 1 still held the powir nf attorney for
ti.e tr . . .for. When 1 came hick I asked If I
wi:s i. t i nll'led to this Increase of Kant's, and
thnt I would like It. 'I hen I was told there
wit' ti t at. . for hlm. and that was tho tlr-t time
I denonn, , I tlui thing and tnnde my Issue. It
was tight -ilter the it I m hi 1 1. my issue. They
had u . r let is.vl It opto that time, lw.ishoiq.
ing in; elf an I txpei t. ,1 to h" called up n ; In
deed I never knew wn they did Hot dolt.
The I'll st Dlsioten.
Q. I'p t i that tin-" your rlnt h d never been
questioned ' A. Ncter In the world.
y.-A(ler this allotment had been made, then
you culled upon them ? A. Yes. lr.
y.-And then you discovered that the '-)
shares wns nut included In the allotment
to you or in the allotment to Mr. Kunt'r
A. Ves,' sr, exactly. Then It was I found
about that time that they had vetbally agreed,
though not oillclally, iiin apportioning this
stock off to Mr. Ames. A iarty was Pi Wash
ington glting hlm all the stuck there wus In the
Treasury. Mr. Ilmoks In Now Vork gut lllty
i lures. 1 think; lien. Doge g. t tlflt, and the
balance to .Mr. flakes Ames a. trustee
y.-Huw was this paid lor? A. lio paid for
no more : got Ids bonds nnd eterythlng, w'. Ic'i
was paid back again. It was no payment, any
inure than thai,
y.- Then It was after that allotment thoro wn-i
a decided, clearly defined Issue between )ou .'
A - Y s. sir ; right titvny, Immediately.
y. Did ton at any other time make another
tender nf the amount? A. I do not recollo, i
the dam. 1 think I got greenbacks legal letup r.
Wi.kii. from tlm I'atk Hank. Tho man who went
witli me is still living.
Q. And thou ) ii tondeied the JlVoW In
I'lilted Mates inci-iibai ks and legal tender
notes? A. Ves. nr.
y.-That w.is intended to pay tor theSAiisharei
originally . A Vr. i.Ir. Itwns to pay eyon
tlilug. y.-They refused to gtto It to you ? A. -Thoy
acknowledi'i.-d the tender and r lu -cd to give It
Adjourned to Monday, June t. II A. 51.
JIu.su.vv. June II', lf.l,- Present at this meet
ing the Hon, J, t5, lllack, Mr. James H.
liowen, and Samuel (1. Thompson for emu.
pliilnant, and Henry H. McComb, cuniplaliiant,
and Hlchard McMurtrle tor tho di fondant.
The Miss. Inn Drali Nut Piuiluccil,
ICxiiiiiin.itbiu ot Houry H. Mi Comb resumed. -Mr.
fiownn states tint mi Friday afternoon,
probably nbout six o'i lock, he notified Mr. Mc
Murtrlo to proiluco beloio the examiner the
diuft for t'i.WA) drawn upon il. S Mct-ombby
II. II. I'nnt Ml the I'd day of March. ISO.
Ml. McMurttle I did not get the note tin 1 1 1
thl morning. At that time ! "was engaged with
n client. 1 hnte not had It. It Is not In my pos
session, nor 1 It lu the hands of my clients to
far us I can iisccitnln.
Mr. (lowen W here Is the draft for ISkftxi.
A. -Ily Mr. McComb- To the best of my knonl
edge uud belief It Is In I he linmls of tome ot I lie
people who are defendants In this case, who are
the pnsont uuiuugera of theCicdlt Milliliter of
y.-When did you last tee the draft, and In
whose pi ssi iloii was It A. I hate not seen
the dralt sin o the day I signed It, on tlm tiesk
llltheolllcn of Ihu Cn dlt Mobillei oi Annul, a,
on thu lid day of March, tsisi. I sigm d it m the
desk, Ihu iln) that Crane wrote it.
y.- It ncter has been implead? A. I hute
ncter .-ecu tlio draft since.
y. Do tun know lu whose possession It was
nfter It had been returned front Klchmnud?
A. I understood from thu Assistant Treasurer,
Mr. Crane, tluilitwita it-turned to hlm by Mr.
I iiiitunpald. Mr. Cruuo called upon mo to pay It.
The. Intertlew which you had with .Mr.
Cliino, tho Assistant Tiv.isuier, III refonncnto
taking this stock was in tho latter part of May,
lsssi A. Vm, sir.
0. You lemeinber that ? A.- Yes, tlr,
0.- Mr. Ddrar's Interview was nbout tho .'1st or
M ? A, Tlm d ; sumo tow ilnys alter. Mluo
was the last day of May or tho llrst uf Juno,
ttlthln a fow ilavs,
y. lleciiuse between this letter and the power
of attorney Hint had passed, this draft had gone
to Klchmiimt and Ihen buck lo II, (1. Kaut ngalu
A, That Is tlio seooutl loiter, tbo one piejuuud
hy.Mr. Craln, the Attlttant Tteaurer, the first
being Informal, at X havo already ttated.
. Ilotwocn thos-e two Interviews this power
ofattornirjr had boia tlgnod and you went on
w,ltl,.lt?.A'-Vosf. nnJ "I'h tho certified
check. That was (ho ssoond time.
Ilotr tho Subscript on was Annulled,
Q Now I want to know whothor nnvthlne
was said at that Intervlow In refcronco to Mr.
1-ant having annulled this contract or subscrip
tion? A. Thero never was a word tald by nny
living man nbout thn annulment of this sub
scription until since this controversy began.
y. What control ersy? A. -Since this suit be
Ran. N over a word. It was nut oven disputed
when It was taken.
. W. Iletwoen thetlmeof this Interview on tho
latt of May. IWn. and the filing of this bill you
bad a number of conversations- mgry conversa
tion, proUabl) with theso gentlemen' A.
y. With these officers of tho Credit Moblller
or America In relation to your ttock? A. Yos,
0.--Dld they ever allege to you a a reason for
not giving to you your slock that Mr. Kant had
annulled the subscription before, ho had trans
ferred tho ttock to you? A.- Never fur ono toll
O. Did over anyof tho officers of tho company
tell you so? A.-No, nut ono - neither officer nor
y.-Do you reinembonrhcn j-ou have had con
versation or i-ontrovenlo In reterenco to this
mutter, this claim, thnt thoy (the company) re
fused to rccognlzo It' A. Vet, sir.
a Who wero thu pnrtlos? A. -Sidney Dillon.
y. wlm Is now President? A. Yos, sir, and
was at that tltuo when this enntroversoy began,
y. Who else? A. John II. Alloy, ono of tho
Ktecutlvo Commltteo, and Howlaiid Hazard,
and tho Ameses, both of them, Oliver and
y. Neither of them, ns I understand you,
mndc nny such n claim as thnt? A. - Oh, never ;
never one at all until after this suit was Insti
tuted. y. Hid you havo nllt of tho stockholders of
this company furnished you sotnu tlmo In the
year Isw) A. Ye, sir; after Mr. Kant't tub
y.- ho made out that? A. Henry 8. Crane,
y.- Have j on got It with you? A. I have, sir.
y. -Will vim bo kind enough lo produco It?
A.- es, tlr.
Tho witness here producod a Hit of tho stock
holders uf the Credit Moblller of America, which
Is identified by tho Legislature, datod March 3,
ls'.i, Ill tho h.indwiitlng of Mr. II. H. Crane,
marked K.xhlblt No. I, A. W. N'., a copy of which
y.-Wbo gave that to you? A. Mr. Crane.
Proof thin ike Mihsi l iplloti hud been Mndc.
y. On the' day of the date? A. Ho gate mo
that the day tho first check was tendered tho
i.'d of May. It was given ns of Hint date to sat
isfy me that the suh.irlptloti of I'nnt had been
made. 1 u.kod for It, and saw that It had been
y. You sny thl was received May , l'si.'
A. Ye. sir.
y.- Wns that tho day you were there? A.
No. sir. 'llieilav Hint Mr. l.dgir brought thnt back
from Nevr Vork 1 sent to get a copy of the rec
ords, so as in teo there was no mistake as to
Hut siilwi'lptlon that was written off, and ho
ha ided it t-i tne.
y.- Il was handed to him, and you got II of
Mm? A. Y. . sir.
Mr. Uowen here offered Kxhlblt No, 1 lu evi
dence. y. Pleaso state, a near at you can, the point
ol t.me at which y our right lo these 2.YI shares
of stock, and to the l-i additional shares of
s:oi k. was denied by those In charge of the Cre
dit Moblller of America-by the managers? A.
The llrst day that any objection was made lo
in) taking this stock, which had been lu tho
namo of Mr. Kant, slid fur which the company
held my draft mi Mr. Kaut, ' n which I had sent
the money to pay, and which they agreed was
good tender, was after ) bad received my por
tion of the Incre.-ved capital ; that Is to sav, tlio
time thnt 50 per cent, was awarded r. hen the
bonds were riven with the first stock. 1 got
that, and then went home and found that tho
Kant slock was HM Included, and on my next
visit to Now- York I demanded that ttock.
Ily Mr. McMurtrle Will you tlx that date?
A I could imt bx it. Some little time lietwi-en
the time of the declaration of this dividend or
apportionment, or rather some time after that
had elapsi d beforo I went to New York. I was
not cognizant n! the lin re. iso until nfter It bad
been made and been illrlilc.li nml inliie was
given to me by Mr. Crane, who wns still Assis
tant Treasurer, but Mr. Duratit was not the
President. A new-party. 1 think, wns In power
then.asiiearasIcanrciollt.it. I am 1ml posi
tive about that.
y. How long nfter you got your dividend and
nevr stock and I'.icltSe bonds t A.- On the iliy
when I got home. The way I am In the habit . f
lining is to pass over whatever 1 get to my con
tldciitiil secrttary, Mr. K.dgar. That Is. when I
getilitlilcuds or tn -in-y from anyw here. I hand
It to him and he makes the proper entries in my
ti inks : s. ;tli - the a .-omit. It was then 1 found
.nt I mils gM mt own st.,, k. and that Kani's
w , s not lio In 1 "! . . n 1 I went hi.-k Io
Ni w York then I it ade the demand b rth- Kant
st i k.
y It w as w'thln a few- days or a w. . k or two"
A. It ciiialnly was within three weeks, ay
within thirty ilayt positively of the time.
y. Kroiii tho time you got tour Increased
fifty per cent, of l'aclflc Hallro.nl bonds'' A
Yet, sir; it was wiihlii thirty davs of that time.
y It vvas within thirty days they disputed
jour right ' A. Yet, sir. That I have said, and
hat was thu beginning. They did not dispute
the tight. They only Just said to me they would
-i a'i oil It.
I ....... ... .. I.A..S
l.. tic, .sunn ," '.lill.ss.j
y Do you recognize that letter? A. I do
recognize It. It It lu tho handwriting of Mr.
Crane, the Treniin r.
K.xhlblt No. 2. A certain letter marked K.x
hiblt No. i. A. W. N.. which letter Is dated April
1.1, lNn, at New York, and Is adilres-cd lo . S.
MeComh.vvilmlngton. and signed by H. C. Crane.
Witness resuming-This letter Is lu the hand
writing nf Mr. Crane, who I Assistant Tieusim r
of the Ciedit Moblllerof America, and It was
sent to ins by mall. 1 do not recollect the date.
y - How did he come to write to you upon the
subject A. 1 had asked hlm to refresh his
recollection In reference to ceitaiu fuels in this
case, he bi-lngthe party with w hum tho vv hole
transaction bad been made.
y.- At the tine you recilvod that letter hnl
you stated tour comphilnt to the officers, of lin
en d 1 1 Moblllerol America that t ui had inn
been allowed jmirducs A. 1 had t.dkid with
y. At the time thislcttcrwas written had you
made this statement about uovcr having got a
dividend on that stock? A. Yet, sir; and that
1 was emit led to that stock, and had asked to
have hlm rcfiesh his recollection as to what was
on the books, and eterythlng about It. to give It
to me In writing, and that was the substance of
lh.it Interview. Mv recollection Is.lt seems to
me, I wroto to hlm n out It.
y. That letter was received In the mouth of
April, Din ; A I think It was te. died by mill
siih-equcht to tho tltuo of Its being written souio
Ibetter offered In evidence marked lUhlblt
No. 2, A. W. N.
y. Then after the receipt of this letter, In the
month of April, In);- of course It w.is after that
that y mi in-idc the tender of tho flj.WO some
t'.iiiu after A. -Oh. )os, sir.
y. Have you got anything to show thnt date?
A.- I have a witness who vvas with me.
y ll.s you remember the date ? A. I don't
really remember tho date.
y. - Does the wltnws remember the date
A, 1 do not know ubout that.
y.- When did you ln-t soon Hit, or have you an
other list of stockholders of tho company? A. -Yes,
sir, I have two or tlireo.
y. Who made that list out? A.-That was
made out by Mr. Ham.
The witness produced a copy of the list of
stockholders, tvhli h Is miiikcd Kjilill.lt No. .
A. W. N , and says It Is a copy of the list of
stockholders, a the list appears on the books of
the company. It Is lu the handwriting of Mr.
Hani, who was successor to Mr. Crane, who was
Assistant Treasurer of the Credit Moblller of
Amcrlui. It was furnished to mo nbout tho
time of the brlngln.' of this suit, I think, or
afterward -certainly some tlmo nfter tho date
of Kobiuary, lui;.
Mr. tiutvcu-lSolXer In evidence llxidblt No. ft,
A. Vt , N,
Tho witness being thown another list says :
This Is another list of stockholders, datod
December. Hi. The snmo year, written bt Mr.
Hum, lu which Mr. Oakos Ames's name nt trus
tee docs not appear, and tho stock appears as
",(! shares less than 111 the February preceding.
Q. When was that list furnished? A.-ltwas
furnished within it few- months of furnishing
the other, but it was subsequent to tho getting
of'li other, and shows -ui shines less slo, k
i i at tell mouths latter date thin ut the
i I. ile. It only siis W.Ti sii ires stm k
i i- Idle In l-'ebrnary previous them were
hi i i . om shares.
I.isi given in ovldonce and miiikcd exhibit
No. 1, A. V . N.
) ii Ii cm Ames's Mia re.
Q. Do you remember the dato w hou Oakos
Ames was registered on tho books of tho coin
P.inyusa holder of the iVI shares of sunk as
trustee A.-l think the llrst day I ever recol
loot teeing it was early lu IMI. 1 cannot fix thn
dato, heoaiuo I had no reason or motive a far
as 1 then knew to lis tho particular date, ho
c.viiso tho transaction did not occur to mo at too
tlmo I saw- his namo a trustee. My right to
this stock had not been disputed, and of course,
there was nothing on my mind to make mo feel
uneasy, 1 had nu need to liiqulni Into It, be
cause 1 did nut think It affected mo In any way
ut all. '
y. You say tho first tlmo you first taw his
Louis uutooxlug your rlgulHiad uut uouu dis
puted? A. No, sir ; It had not boon disputed
y. Do you know whon Kl tharot worn regl
toied In tho name of Oakes Amos? A. No, tlri
I do not.
, y. Was It beforo or after theKO? A. I think
It wa long subsequent-1 think to.
y.- Do you know or !K tharot having been
Issued to Nellsou, tho soii-lri-lavr of James
llroolis? A. Yes, tlr; Ncllton Kotr)thnrcs,and
y.-When did he get them ? A.-Ilo got them
tubsequctit to tho Oakes Alne stocks.
O. Subsequent to the wholo of the Oakes
Amos ttocks? A.-Substqucnt to tho trusteo
0. Hiibsequcnt to the Kl? A. I don't know
whon the 10 shares wero lafid only by hearsay.
How the Cfiplfnl Wlrrok. win lTllcil.
Q. Do you happen to remember whon the
capital ttock of the Credit Moblller of America
was filled, apparently, whothor It was held by
boiin .ftife owncre, or but apparently, tho wholo
capital Issue d, and when It was ? A.-The capi
tal slock of thoCredlt Moblller of America la
5,axuji) by law. Tho charter llxod tho limit of
It. Tho parties who organized under that and
constructed the I nclflc Hailroad agreed to mako
tho capital 100,UIO; that was In ldi5. In March.
It wa not to exceed 2.0uu,Uli) ; not to exceed
that nmiiunt unlcs with the consent of threo
fotirth of tho holders ot the Credit Moblller of
Amerlen ttock. On tho 3d dny of March, 1(41,
nfter the subscription for Mr. Kant, and after II.
J. Hubert's subscription, tho capital stock was
then HMUM shares. On that day tho Credit Mobl
ller Hailroad llureati had a meeting In New York
and determined lo Increase tho capital stock. If
they could get It subscribed for. to JSfXUiui).
This was In November of that year that It had
not been taken up. That was IMI. Nor bad It been
I believe on the I It Is of January, DOTS that Is my
recollection. I don't remember what the oxact
capital v. as nt Hint time. I said tho other day (
thought -t w is jl.UMor tho exact cap
ital suhseiib, ,1. in cording to my recollection. In
Januaiy. I-J'.; I think It was subsequent to that
tlmo In Ho. some time early In lwif, perhaps lu
March or Apill.l wus not present ami only
loarned of It afterward by my dividend or allot
ment! they agreed to Increase thu capital stock
fifty per cent, without fixing tho specified
amount. 1 believe thnt It should not exceed nt
tho tlmo being :i.T.V).un that I what tho fifty
tier cent. Increase would make It ! and that
would bo the minimum capital for that time j
and that agreement w a mado by three-fourth
of tho stoi kholdets, Then I understand that
thu subsc Ibert to thn Increased stock had
awarded to them a bond of tho l.'nlon l'aclllo
Hailroad for Jl.otiu for every ten share of stock
taken. Then I got my ttock. Ily referring to a
document I too that a resolution wa placed nt
nn ml Join tied meeting uf tho stockholders of the
Credit Moblher of Amcrlcn.held on thoSltliof
January, Hi;, by which resolution a committee
wa appointed to procure ndil.tlontl subscrip
tions to the stock of this company to an amount
not exceeding fi.riOu.mi, the then present
stockholders to have tho nptb-n of tailing the
Increased capital stock at par within thirty days.
It n-ns snnif, tlmo sfler Unit the r, solution was
I .-s , d authorizing un Inciease of tlfty per cotit.,
of ut.. i h I hate alieady spoken,
Wlmt I hey Told .McCnmh.
Q. Did you take nny stock un let this resolu
tion , r .l.-u u iry .'4, NiT ? A. No. sir.
y.- a- any subscribed for by anybody? A.
Indeed. I i atuiot tell about that.
y. Do you know when the lncreno was or
dered by git lug the option to take VI percent,
additional. Do you know whether the whole
existing capital had th-nbien Mb-dupr A.
No. tlr. 1 do not.
y. Then come down again to where we start
ed. C. n ton tell the date at which all the cre
ated capital was. represented by stock Issued to
stockholders? A. No I cannot. My recollec
tion I thl: I had a reference to tho stoi k
ledger, audi think, as near as lean recollect,
that when I made application for this stock of
l'ant. there had been between ai.oni) and WhOOO
thares Issued. .Subsequent to the M per cent.
Increase. I looked at the books, tho footing of
the columns of the stock ledger, uud I think It
war between .'skull and ;l,() shares.
Ily Mr. Jeremiah S. lllack Did they tell you
at nut time when yon a'ked for that certificate
of this st iik that there was tmstock. that tho
stock had all been taken up and Issued? A.
liy Mr. Gowen That ncter was given as a rea
son for not giving the stock? A.-No, sir; on
the contrary, they said I could havo my stock If
I had nuv legal right to It.
Hv Mr. lllack- Did they not subsequent totbst,
fi-s tho .lisp me anise, loll you the wtiole stock
had been taken up after this bill had Iseen filed?
And didn't they give that as tho reason? A.
They tald the wholo of the stock had been told
r disposed of. That was not at the beginning,
but as the thing crawled along, and they drew
In other counsel and other issues were brought
Mow Mrt'nnib beennie n C'orpnriiliir.
f). Vmi were one of the original e .rporatnr
of the tie. lit Mollllerof Aineibu A - No, sir.
I was not a conn rat r at all. 1 mean by ,i cor
porator one of those w hose names nppe ir In the
act cieatlng the cnmp.mv I wn let one of
those. Mr. Durant, as Vlcn-Piosulent of the
I'tiion Pa, lac Hailroad. nnd their l'i mr
Committee had m i le i c citr.ict fo- Im-btPig a
hundred miles or more of Hie I'a. Itlc llallroui
with Herbert M.I.,xie.
0. - What i ar was that? A. -That w a hi 1-iV.
or early In InII. Subsequent to Cm' time I
was led to believe that thn I'emisjlvaitla Fiscal
Ancy, which had been changed, or was about
being changed to the Credit Moblllerof America
In name, and lind (he same right ; that tho offices
wero to be In New Vork; that 1. on Oct, 7. iMll.
subscribed to fliM.usi of Hint stock, which was
to bo this concern when It was organized,
Q. Who else tub, rlbed? A. -Thomas C.
Durant subscribed fi'Wl worth of the stock,
Cornelius C. Hushnell subscribed tkMn.l worth
of thn ttock, and Charles A. Lambert to fliO,IMJ
worth of the stock. That vvas the beginning.
y. That subscription was gltcn when? A.
That was on Oct. i, ltM. It was then the Credit
Moblller of America was formed, preparatory
to changing It from tho l'cntisylvanl.v Fiscal
Agency, bv Itt purchase by tho parties who sub
sequently became tbo managers of thoCredlt
Moblller of America. It was by virtue of tl at
subscription thai I beramo a stockholder in the
Credit .Moblller of America. That dated my tub.
y. What business was the Credit Mobllle of
America to do? A The Credit Moblller chirt. r
was bought by the I'nloti I'acitlc Hailroad, or by
the parties that orgntilzed it in New York,
especially for the purpose, of building the I'acitlc
Hailroad. Tho plan "ns that the) should build
the railroad anil tie sharers lu the profits, and bu
rid of nut peisoual liability, nnd though a cor
I oration Instead of an Individual, It not being
thought at that time capable for a board of di
rectors to make a contract with themselves, but
they could muke It through a different corporation-different
In name and that tho holders of
the ttock of the Credit Moblllo of America by
virtue, ot that position received nil the proflU
made In the building of the l'aclflc Itallroad.
The Ilnxlc Clilitlncl.
Q. At the time )our subscription was made
In October, lvll. was i Ills lb ixle contract lu ex
istence I A.- . I, - ir.
y.- What Oeciime ,.f tho Iloxle contract? A.
It wa transfe'icd to the Credit Mobile of
y.- Had ony work been done under the Iloxle
contiact at that tlmo .' A. Ves, sir.
y.- Do tun remember to what extent ? A. I
do not. l'crhaps n million of dollars or more
had been expended ; and thero wore consldoia
ble protlts due to the Hnxlo contract, w Inch woto
transferred'to the Credit Moblher of America.
y.- Was It transferred the whole thing from
tho beginning? A. Yes, sir.
y.- Thoy took charge of It as If they had been
the orlgnal Directors? A.-Jnt exactly; and
they built the road tu the hundredth meridian
.li miles west of Omaha.
y.-When did Oakos Amet and Oliver Ames
and Alley these three tiieti come Into this? At
the siiine tlmo you did? A. -No, tlr; they enmo
In lu li-cU. soino time.
isfsl 'I'",V C'"" af"'r" -' ISM ur
y. Have you got a copy of the Iloxle contract ?
.A. i es, sir.
0. I asked you when Oakes Ames, John II.
Ames, and John T. Alley c.unr in. A. Tliev
enme In In tho fall of 1-tir., I think. 1 thought I
had the date exactly. I have a paper, but It doe
not give the date mi It.
y. Who was President of It from 1WI to 15''
A.-1-rout 1301 to Isotl, or early In Its;, It was
y.- Ile was the main manager, was he not? A.
-t es. sir; he vvas President.
..''fi.',..rn...ic f''i"l'"v 'ts then cngaged-the
Iredlt Moblllerof Amorb a was engaged in the
construction of the Pacific Hailroad under the
Iloxle contract until that time? A. -('mil that
wns chnnged. There had been a contract in.nlu
by Mr. Durant, which these people claimed w.u
offeied to a man by the namo of Uezner, i ailed
Ilia llezner contract.
The firmer Conlrntl,
Q. Can vou Hi nny date for that? A. That
was made between Ini niul Irtlii. .some time in
ixin. Then them was a i-mitrm t made.
y. There w.i ii coutr.ii t made oine time lu
the summer of lsotl culled thu tiezuer tuiitr.ici t
A Ves, sir.
y. W. that cotitrvct mado with tho I'tiloti
l'aclllc Itallroad, or what was It? A. -Mr. Du
rant mado that contract as Vli o-l'reslileiit of
tho I'nlon l'aclllo Hailroad Comiiiny and I'resi-sldt-nt
ol the Credit Moblller ot America. JIu
mado It ns he iilw u)s alleged for the Ciedit Mo
blller of America.
y. -It was Intended to supersede t lie Iloxle
contract A. It was bejond thu hundredth
Q. Then It did not Interfem with thu Hovle
contract V A.- No, sir. Tlic lloxio contiuct was
finished and completed under tho Credit Ma
blller Company's inanageiiictit.
y.-'1 his liczner contiact did not ml.ito to any
part of the lloiln contract, hut ivm fur building
tho road beyond tlio hundredth meridian ? A, -I
U,-At all evcutt that coutraot was not oio-
ruled? A.-It did not supersede tho Iloxlo cotv-' ii S'
tract. H( w
y.-ll wa not executed at nil? A. No, sir; 8 f
It wot disapproved of by tho honril.bccaiuolhor Hi 1
alleged tho IIoxlo contract covered It. X
y.-Wns tho (lezncr contract Intended to la W
a contract which tho Credit Moblller was to Hi"
tako? A. Yet, tlr; that was Durant's stabv. tti m.
ment to the bnaid. It was mndo for tho benefit ' I?
of tho Credit Moblller of America. , ii It
0. Just In tho namo wnyai thoy had taken J1 If
tho IIoxlo contract? A.-Hxnclly. . 13
O. Were the Amese or Alley In tho concent !' ill
at that time? A. Yes, tlr. ' Il
.Mr. McMurtrlo State In what capacity wots f ijj?
they stockholders of tho Credit Moblllor ol l J;
America? f II
Mr. Osiwen Thoy wero not directors? A. I IO?
No.tlr. Dillon was a director; Duff was lu ths ' flli
Credit Moblller of America -onn of tho active II. WJ
mm ; Hushnell was also In the Credit Mohlllef U I?
of America, and ono of the active men; Grant K i
and Durant. I
I'laurr-hrnds. I 4
O. When wa the IIoxlo contract completed I I 4
v hat time do you think? Ar- Tile IIoxlo con- H
tract proper wns only for a bund rod mile, with (l
the right to extend.
O. -To what point? A. Wett of the city of ' .
Omaha. , i
,.y. -II was not to go to tho littndrcdth mort-
dlnn? A.-No, tlr. , j
U. Tho original Itoxlc contract wm only for a. I 1
hundred miles west of Omaha, which did not J
extend to tho hundredth meridian, bill after- 1 , i
waul It wts alleged to havo been oxJendod? J 1
A. It wat exietuled to the hundredth meridian,
unit thero It ceased,
y-Aftcr till tlio Ccnirr contract? A.-Thtt I 1
enmo In tho tiimnier of IWsl. Then thero was ft 1
also a Hoomcr contract, which was nlso for
building tho road west ol the hundicdtli uicrl- it
y.-That never amounted to anything? A. tH
Oh)cs,jlr. There was work dotioiindtr both nt flj il
Ihein. Itwas to supersede the Hoxlc, and there SJ-J
was worM dono under both, fj I
Ily Mr. lllack-Not by both? A.-Notbvthe 1ft!
tame lieople, who built under tlio IIoxlo. Thcr 5' '
were figure bend. Thoy put 110 monoy In nnd 0 I
did no work. Thoy wero flguro heads. Thero C I
was work done under their eontrncts, sj 1 s
Ily 'Mr. black -Wns not tho Credit Moblllor 3
of America a flguro head? A.-Kntlrely all ) '
through. It was ell flguro headt. All shams, M ',
except to far tu 1 tho dlt Idends went; thoy were sf , '
realities. '1 ho Pacific Itallroad built tho road all S 1 '
tho war through by their ovvn officer. 2 I ,
y. -Wero these tleziier and Hoomcr contracts 1 1
for different portions of tho road? A.-Yot.tlr. fir i
y -'Ihen there wa a contract got up or draft Wi ,
ot 11 contract between the Pacific Itallroad Com. IB? '
pany and a man named Wllllnmt? A. -Yet, sir, ft '
Jnine f. Williams, ono nt the directors of ths if i
Credit Moblllerof America. U '
y. What tltuo was that? A.-That wat In ths 'i
spring of 1NI7. H
y-Wm that Williams contract Intended to fil
supersede tho Iloomer and (lezncr contract, or il! ,
for another portion? A.-Yes, tlr. It was to tup. CM 14
crtodo them. .P. (
fining fur the Cmnr. t . S
?.- 11 as to 0b o new toiitr.u t A. 1 1 was to 1 4
bo a new contract, arid It ttaslo take them In, and '! J
the prollts lu the business were to bo taken and i ' ,
covered by the contract of WUPnnis. j 1
y. Who got that contiact up? A.-That was 1,1 J
got nti bv the parties In tho L'nioii l'aclflc Hall- f i k
road Company. i J j)
y. Who ncre the actlvo men of tho Crodlt ''1 J
Moblller of America? A.-Mr. Durant was an ' I
active limn 111 getting up thut contract, Ir. Amos (, t
and Mr. V IllUms. 1 J4 ,
y. Which Amet? A.-OakesAme andOllver '.' :
Ames, but O.ikes Ames was really the man of i'
the two. 1.
O. Was It a matter of considerable tlmo and i
discussion? A. The Williams contract was 1' '
made 011 the 10th day of May, ls)7. . I ,
, y--I low do you mean mado? A. It was ths !
day William himself executed It. It was not ' f
carried into force because It was surrendered. I;
y.-lwant to know who were the active par- '
ties who got It Into form and shano? A -The 'i 1
K line people that were nominally the mantgers h ' I
of the l'aclflc Hailroad. ?J !
Q. I want to know their names. A Thopoo- V 1
U,.?..nc,,,0s..n, ",a.t weTi xho two Ametes, Allej. S. v 5
Wllllan.. Dillon. Duff, and Hushnell. fti'i
y.-Whnt portion did Durant take? A. Do- liUi
rant never liked Williams. 1 don't know what Ui J
direction he took In that. 1 , j
y. Don't you remember? A. Ho was per- SI., i
haps a party In it. 31 . f
y.-po you not remember the litigation In i,T
Nework and Durant Ming a bill to prevent 11 1 !
them? A.-I forgot all about that. 31 . : I
. y.-Now when It I called to Tons soiiooilon fl '; t
don't ou teuieiiiut-rr a. I remember Durant ft , ' i
opposing that. if (
The Wllllanit Contracl. 3
Mr. McMurtrlo-DId ho not obtain an lujuiio- Si ' 1
tlontostntilt? A.-I think he did. C , I
Mr. Hiack What was hit objection as ex- t 1
pressed by himself? A. Tho objection that lis 3.S'
had In both was to John II. Alley, Hazard, aad VI , .
the men that wero managing It. 21 - 1
y. That there must bo somebody managlnir V ,
the Credit Moblllerof America; that ho should 3 ! '
hue contldence In hlm, or that would bo under ?r '
Id control' A.-That he should hato coiiU- Vt Jn
detico In his integrity and fair dealing. 'f Hi
y. Who wete the inanaglng iiartle'' Wat f! li
Durnut In It or not? A - No sir. Dillon was
President, ami John II. Allev, Hon land, Hazard, i. :J
Dillon, and Alley were the Uxecutlvo Commlttos 5 I
at that time 1
y.-They bad quarrelled with Durant? A. f
They had drawn lu Durant at that time without J kss
hit knowledge. I oj;
y. - lie wnsstdi vice-l'reililent and nctlng I'ro- ! -fl?
t Idem of tho Pacific Itallroad? A. - HowasVIco- i ' IJi
President, but not acting President. 4: fl
y. Ho was President? A.-No. tlr, Oliver ' M
Ames was put In President, pro teni. f ' uj
y. -'I hen at that point Mr. Durant was not on J B-
good terms with Messis. Amei and with Dillon i IS
and Alley? A - lie wa on good term with ! 15
Dillon. Ni far as 1 know, he was on good terms J ft .
with Alley nud Hazard. V B
y. -Was he with tlio Ameses? A. He was on I' 9
good terms with the Ameses. Alley and Hazard 1 ,
woro tho controlling spirits; they were ths k 1 i!
majority uf the Kxci utlvo Commltteo. I. W
y.N ere the Ameses 011 good tcrmswlthhlm? I JJ'
A. Not very; tliev were not thinking kindly ol ft'
y. At alleventsMr. Durant was notacontroll- f' fj'
Ing power In the Credit Moblller at that tlmo? (' rj
A.-Oh, no. He wa not even a director. V .1
y. Then these threo gentlemeii got up tills J si
Williams contract A.- Yes, sir: and they mads I 'i
It with the dlstluct understanding that it should 11 a
be transferred to tho Credit Moblllerof America . ? '
by William. h ij
y.-it was like this? A.-Yes,slr. That was I iJI
why Durant put hi veto lo It. t fl-
y. - It wa to transfer to the Credit Moblller of F, 'jfj
America, and It was to tako previous contracts? i' A"
A. All that were made. j, t
y. -That Is, the Hoomcr and the Gcznercon- t Kg
tracts A.- Yes, sir. J B.
Mr. McMurtrlo-Duriitit put hi veto on this & 7
thing, and it vv a never actually carried on? A. ! -J
Yes, sir. t 4
Tlio Work of dukes A mp. I
Mr. tiowcn-Now we havo got down to tho ? ' ;
month of May.lso:. I want ) oil to stale as de- 4 9
It c .i' Tid carefully as ymi can all that jou f 1
km w an -ut this Oakes Ames voulract of 1
Octot or, lsV-7-the O.ikes Ames contract-how It K ,.l
win got up, what Its object vvas, why It vvas got- fj A
ten up, and w hnt was dono under It ' A -1 ought t u
to know 11 good deal about that, for 1 was one of I' -f
the committee that prepared It. '1
y. Vou were one of the committee tint nro- J, .
prepared the Oakes Ames contiact a,ominltte JJ
of what? A.- From tlio I'l.lon 1'autlc Hailroad ' J'B
y. VMuitclso? A.-I have the original memo. Y Ujr-
rauda In the hand of the man who made It, with "4) ii
my tlguret filled in, which tlio records will prove " 31-
aro the figures at which prices were awarded. i II
y. Was the Credit Moblller represented In the ft Tl
negotiations? A. Dr. Durnut hud been the l'i .X
moving spirit In tho I'nlon Pacific Itallroad Com- I1 wl
pany from Its organlratlon until it. close Hut ! "jf
Is to say, ho furnished tho brains for the con- jl
corn. There w as a great deal of bb kerlng ie. i
twern the tiprHrt wlio had become the povvi r In !
the Credit Mublliei of America uud Durant gnd MI
hit filvuds, J(n) I'lctliuii for the dlrevtora nt f 'i
the; mail Mobncr 01 .vinciiia 1 0 3
In May. 1 hese people had coin eived-that It to ' a
tay, whit I known as tho Ames faction; they , !
were illstlngulshod by the terms Ames faction ' i
ami the Durant faction thoy had coiieoivod . 3
the Idea of putting Durant out of thu direct I
managemont of Hie I'nlon Pacific Hailroad Com- 3
tiany and Credit Moblller. They had gono to '. S
hlm niul got his proxy-whether they did It or ' '
imt I it n't know-assuring hlm they were going '' ,'
to make nochnnge In tho annual meeting, and j
ho therefore didn't tome. '
How Ihey Closed Diiintii'a i:te. f"
0. Where was ho? A. I think ho was In 3
New . nrk, or piThaiHg. no West, in ihey as. j
Hired him they would not make any changes. v
1'hoy assiued me so that I gave my proxy, and ' i
they r.iine to Philadelphia and ousted hlm. ' f,
I'bey came with that purpose. At the stock- 1 T
holders' mt cling Hie) did nut elect hlm n dlicu. tl
tor nor .111 oilh i r : tli.it is ni) iccolloi ti,,n of it, i
He wss not i le. ted a director. They put lu a 7
new board, making Dillon Kreshlent. and Dillon.
Alley, and II. iaid the l.vei utile Couinuttee of J
tlie Ciedit Moblln i-of An,. 1 1 a. lo nhoui all thu , H
ponei.of the Credit Mol ,h, 1 of Ann-riia 111 o f i
delegated, and 1 think Duff was in the H dlvvny j
Ibireau, making a loll 1 .Tpt Tilings lind got !
now- In tin- I'.n lllc Hailroad to.i pretty high pais ; i
so high that lu the un clings of I he hoard nnd , A
III the stockhohlets meetings It almost resulted f
'".V '",,..!.."""'' rl,:l,t ut 'u'4 ll,1'f Durant had 1
collaii d tt illianis and ntlumptod to throw him
out of the loom. Just about then In tho spring
und siimnier time, tho tiling weio piottyex. " i
ussvely high, 1 asuro you. Ho It went on
aiid vvent on. Ile liad a pistol, and It was with 'J
great dllllculty that omo of his friends held '
Durant unlet, lie felt that ho had been be
trayed, nbiised. misused, nn. I slandered Ur these ;
men Alley, Williams, nnd their cohorts. There j
was nulling to bo dono ; these contrattt tvirs i
tiu.'kbig along. j
y. Iluise What do you mean? A.-I mean J
to say tlm lliiumer and tiezuer contracts woro
winking along. T
y. -And the Hnxlo contract? A.-The HuxJo j
t'oiitqufil on Hvcuni 'due.