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it to call my special attention to it It may or may not have been re-

Q. May 17 yon do remember having received f — A. Yes, sir; it allndes
to the silver. I recollect the silver, which I did get.

Q. Now, here is one dated Jnne 11, on page 73. Bead that and see
if you can remember it ? — A. That advises a draft for $3,000.

Q. Yes. — A. Yes 5 I think I received that.

Q. Did you honor that draft f — A. I don't remember now. I did not.
I never, as I have stated to yon, sent Mr. Exall any money.

Q. Tnat seems to have been drawn through the Bank of California.
Did you pay it to the bank f — A. I have no recollection of doing so.

Q. If you paid it do you think you would remember it f — A. I think
I would.

Q. Do you know whether the bank paid it or nott — A. I do not.

By Senator Dolph :

Q. Is it not a fact that the last draft drawn by De Lagnel for $5,000
was protested in New York and not paid f — A. 1 think so.

Q. Was anything paid by the company after that? — A. I don't think
there were any drafts paid by the company after that, at least not
by me. I don't recollect it. There was money paid after that to Mr.
De Lagnel, salary.

Q. On account of his salary t — A. Yes ; no drafts that I remember of.

By the Chairman :

Q. I notice on page 73, copied from the press-book apparently, and
I suppose it is, a statement of the cash -receipts and expenditures
at Tayoltita in the month of April, 1867. What do you know about
that statement!— A. I don't have any recollection of it now; I pre-
sume it was received. I don't know anything about it.

Q, Sent to you t — A. It was probably sent to me, but I don't have
any particular recollection of it.

Q. Well, if it was sent to you who sent it! — ^A. I suppose, if it was
sent to me, it was sent by Exall, if he was the only man there to do it,
though I have no particular recollection of it. I think it is likely it
came and was handed to the secretary. I did not keep any accounts

Q. Well, have you no recollection of receiving a statement of the
business transactions there while Exall was in charge ! — A. I do not.
I asked him — according to my recollection in reading over these let-
ters — I a^ked him for monthly statements that I never got I asked
Bartholow, De Lagnel, and Exall.

Q. Did De Lagnel make monthly statements t — A. I think not. I
think he made one statement; one or two, I don't remember. I don't
think any of them made monthly statements. If they did I did not
receive them.

Q. Well, you are a business man, are you not! — A. Well, I dont
know that I am.

Q, You are a broker and banker, I understood you to say! — A. No;
I am a tobacco man, really.

Q, But in New York, if I understood you correctly, you were con-
ducting the brokerage and banking business! — A. Yes, I went into
that business in 1865.

Q. Conducting it yourself! — A. No ; I was in business with others
who claimed to be experienced in it ; I did not myself; myself alone.

Q« Well, yon naturally wanted an account of what was being done

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out there in the way of finances — the receipts and ezpenditares t— A.
Of coarse, the company wanted that ; the directors.

Q. Yon have no decided recollection aboat this account at all f — ^A.
No: 1 could not recollect tke particulars of it all.

Q. Well, do you recollect whether you got it or not f — ^A. I do not
You may take it for granted if you see it there. I have no recollection
of it.

Q. I do not take it for granted. I want to know what the fiEicts are.
I notice among the expenditures one to James Granger, $241.50. Have
you any idea what that was forf — ^A. I do not know anything about it.

Q. Have you any recollection that. Mr. Granger was on a salary
there t — A. No, I don't remember it. I believe there were various em-
ployes there whose names I do not recollect, with whom I was never
personally acquainted ; did not know them or anything about them ;
some emnloyed by De Lagnel, some by Mr. Ezall, some by Bartholow.

Mr. DoLPH. Mr. Chairman, I call your attention to the fact that on
page 78 of this printed book Mr. Ezall, in his letter of the 13th and 14th
of July, says:

Inolosed yoa have a fall statemeDt of the cash tranBaotiona ; I had it made oat ae
dearly as poasible.

By the Ohaibman :

Q. Yes. Following that, Mr. Oarth, on page 76, 77, 78, of this print,
there appears to be a letter which was begun on Saturday, July 13 and
continued on Sunday, the 14th.

Senator Bbown. Written by whom 1

The Chairman. By Exall to Mr. Gktrth.

Q. In which he says he << inclosed a full statement of the cash trans-
actions, and I had it made out as clearly as possible." Kow, have you
read that letter over carefully t — A. I have read it ; yes, sir. I have
glanced over it. I have not read it particularly carefully.

Q. That letter of Saturday and Sunday t— A. Yes, sir.

Q. What do you say about it f — A. I don't know. I could not say
that I recollect of receiving that particular letter, but I don't deny that
I did. I don't know.

Q. Did you refer to that in any of your letters here f — A I don't know
whether I did or not. If I did, that is proof conclusive that I did receive
it I don't remember. If it was acknowledged by me there, that would
be sufficient to call it to mind that it was received.

Q. Well, he makes a sort of historical recital here of his financial
transactions in that business. Does that accord with your recollection
of the information he gave you on that subject f In order to call your
attention to it I will read you this July 13 letter:

Hacisnda La Abba, July 13, 18tf7.
D. J. Oabth, Esq.,

Treasurer La Abra 8. M. Co., 18 New street, N, Y,i
Dbab Sib : The letters and papers sent by Sot. Molina were received at the haoiendA
on the Ist of the month.

Did you send any letters out there by ISefior Molina !— A. I don't re-
member Mr. Molina, but it does seem to me now that I did. There was
a Spaniard called at the o£Sce who was going directly there, and I
think I remember the fact of sending a letter by him. The communi-
cations were uncertain and long and I think I did send a letter by him,
but the name has wholly escaped me. I recollect the fact that the
Spaniard, who lived at Mazatlan, or in that section, was going theire
and called at my office and I availed myself of it to write to him.

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Q. (Beading:)

I had been adyised by one of the members of the boose of E., P. & Co.

Who was that! — ^A. I sappose it was some firm they had been deal-
ing with in Mazatlan.

Q. Who were your bankers there t — A. I don't know. I don't think
there was any bank there.

Q. I mean bankinghonse. — A. No; I think they were merchants. I
don't know whether there was any regular bank or not

Q. Gentlemen who exchange and advance money ! — A. Tes, sir; did

Q. Bought and sold exchange, and all that! — ^A. Yes, sir; large

Q. Well, what were the names of the persons that you dealt with
there t — A. You ask me who I dealt with. I did not deal with any-

Q. No ; I mean the company. — A. Echenique, PSna & Go. and Eche-
guran, Qnintana & Go. ; there were several they dealt with there,
very large merchants, indeed.

Q. Well, this is " E., P. & Go. ;" that is Echenique, Pena & Go.

of the movements of 8r. M. ; of his meeting with yon, etc. Thinking that yon
would not let so good an opportunity escape to send letters out, I sent a mozo down
to meet the steiuner Colon (a small affair owned hy Eche^uran & Co., which was sent
over to Acapnloo to meet steamer from Panama, and bring Sr. M. to Mazatlan). Thus
it was that I got your letters at such an early date. As Col. De L. had arrived, and
of course given yon a minute and detailed account of affairs here, I can't say that the
contents of your letter surprised me much. I am sorry that Col. De L.'s draft could
not be paid, as its being protested I fear will ipjnre the interests of the company both
in Mazatlan and San Francisco. All your previous letters to me were to follow out
the instructions given to Col. De L. I took charge of affairs at a time when the ex-
penditure of money was absolutely necessary to purchase supplies for the rainy season.
Col. De L. left me with only moderate means to buy these various supplies ; payment
of sundry bills which were coming due, and pay of the workmen who had accounts
of three, four, and six months' standing.

Did yon know that the workmen were three, four, and six months be-
hind at the time De Lagnel left T — A. I supposed De Lagnel had paid
up everything to the time he left. I don't remember now. It seems
to me he stated he either paid them up or had left means for paying
them up. I don't remember that particularly now.

Q. Then he says :

As I had the money in Mazatlau, deposited with £.,P. & Co., and getting nothing
for it, I settled up all time bills, getting a discount.

That is, Exall paid it out of his own money t — A. Out of his own
money t

Q. Yes. — ^A. I suppose it was the money left with him by De Lagnel.
I don't know anything about that.

Q. (Beading:)

After these various amounts were considered I saw that it was impossible to meet
all obligations and have a sufficient surplus to keep me in operation duriug the rainy

season, as it was absolutely necessary to have at the hacienda from to $1,500.

Under these circumstances I drew on you through the fi^k of Cal. for $3,000. £. P,
& Co^. who have always bought Col. de L.'s drafts on you, did not waut money on
San Fxo ; I found it impossible to sell it to other houses, so sent it to Mr. Ralston,

cashier B'k of Cal., with request to send me negotiable paper for . This paper

I oonld, of course, easily dispose of anywhere. On the strength of this draft I bought
my goods, my bill at £. P. &, Co.'s amounting to $577.38, 4 raos. The other bills,
amounting to $728.34, 1 bought for cash, which E. P. & Co. settled. In addition to
this I borrowed $500 cash to take with me to the hacienda. Before leaving Mazatlan
I mJide other purchases, making the whole amount which £. P. &, Co. settled for (in-

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dnding the $500 borrowed), $1,252.94 canh. This cash was lent and paid for me on
my promise of payment by return steamer, which is the one now coming. I informed
you by an early opportunity of my intention to draw. - 1 had not then heard from
you in reference to Col. De L.'s draft; did not know it had been prot'Cated, which, if I
had known, I certainly wonld not have drawn. My draft will, of course, be returned
by coming steamer. I wrote you fully when I was down last, informing you of my

A. That letter was received by me, I should think. I know it was
by the fact that it was acknowledged.

Q. Yon know it was t — A. Yes, sir.

Q. Now that letter contained this acconnt !— -A. Well, I say it may
have come ; I don't know.

Q. Now, in that acconnt there is one item, $241.50, spent for
Granger. — A. Well, that may be; I don't know anything about it.

Q. And then at another place his name occurs in a s^tement of in-
debtedness of the hacienda on the 1st of July, 1867:

James Granger, book-keeper, $84.65.

A. Yes; he was somebody employed probably about the business,
about the affairs, but who he was or in what capacity I knew nothing.

Q. Did yon know at the time that Granger was book-keeper there t—
A. I don^t remember. If I did I learned it only from this letter.

Q. Have you no recollection of it ! — A. No recollection of it^

Q. Did yon examine with care these items of expenditure t — A. I
don't remember that I did. I probably handed them over to Mr. Worth -

Q. Well, what did Mr. Worthington know about it t — A. Well, what
did I know about it t

Q. You were the agent of the company ? — A. I was no more the agent
of the company than Mr. Collins, or Mr. Worthington, or anybody else

Q. Did Mr. Collins, or Mr. Worthington, or anybody else yoa can
name ever write a letter of instructions to anybody at the mines direct-
ing him what to do f — A. Not that I know of. These letters were writ-
ten by me after consultation with the directors.

Q. Did anybody ever interfere with the management of that business
but yourself f — A. Not that I know of. I do not claim that 1 was the
manager, and do not want to be put in that position. I was not the
manager any more than the rest.

Q. Well, you did manage, and they did not; yon were that macb
more the manager than any of the rest f — A. Well, I was the manager
to the extent of writing these letters.

Q. Every one of them ! — A. Yes, sir.

Q. And you raised all the money! — A. No; I did not raise all tbe
money. As I told you distinctly before, it was raised by me and a num-
ber of others.

Q. I mean, by your solicitation it was raised. — A. Some of it was
raised by me and some by others.

Q. But it was paid into your hands f — A. It was paid into my hands.

Q. And you met all the drafts ! — A. So far as they were met

Q. But there was no expenditure made in New York that you did
not make f — A. No.

Q. And there was no control of the money in New York that you did
not taket — A. Well, there were other people there.

Q. Well, now state any one man that controlled that mine iu any
particular besides yourself. — A. Well, I did not control it

Q. Well, state somebody else who didi— A. Well, Mr. OoUina was

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there as president, Mr. Worthington was there, and Mr. Oibbs, and I
don't know who else.

Q. Within yoar knowledgfe, now, did any person take any part in the
maoagement and direction of the operations of that mine in Mexico
besides yoorself; if so, who was it, and what did he dof — ^A. Well, I
tried, Senator, to inform yon that what I did was done in consultation
and connection with the other directors who were at hand in !N^ew York.
It is trae that when we talked aboat those things they wonld tell me to
write so and so, and I did so.

Q. Well, the proposition is a very plain and simple one ; it is whether
the bosiness of the company was transacted through yon f — A. I at-
tended to this so far as these letters were concerned.

Q. Entirely f — ^A. WeU, I don't think anybody else ever wrote out
tbera I don't think they did, unless personal letters.

Q. All letters controlling that business from Kew York to the mine
were written by you t^A. You have them here, and I acknowledge

Q. Well, they were written by you t — ^A. They were written by me.

Q. I should say that that puts you in charge of that business.

Mr. Staples. He says the letters that are shown him were written
by him.

By the Ohairman :

Q. Well, was there any letter written by any person or any persons
besides yourself, within your knowledge t — ^A. Kot within my knowl-
edge, but these are the letters I wrote.

Q. Yon need not add that.

Senator Bbown. He has the right to add it.

The Chairman. Well, let him put it in.

By Mr. DOLPH :

Q. Yon don't mean to state those were all the letters f — A. I have no
i^collection how many there were.

Q. Well, yon wrote some to Mr. De Lagnel, did you nott — ^A. I wrote
some letters to Mr. De Lagnel, and I wrote to Mr. Bartholow.

Q. His letters refer to yours t — A. Yes, sir.

Q. You wrote to Mr. Bartholow also f — A. Yes, sir.

Q. The letters you have identified are letters to Exallt — A. Yes, sir.

By the Ghaikman :

Q. The particular matter I was trying to ascertain was this: I wanted
to know who was the agent of the La Abra Silver Mining Oompany in
l^ew York, and directed and controlled the oi)erations of that company
in New York. — A. Well, Senator, I tried to explain that as well as I
oonld. I stated that I wrote those letters } that they were written after
CQfDsultation with the

Q. Can not you answer the question directly whether you were the
agent of that company in New York to control the business in Mexico t —
A. No, I won't answer that question, because I was not appointed the
agent to control the business.

Q. Who was itt — ^A. I dont know.

Q. Well, was there anybody else who attempted to do it t — A. I
don't know that there was.

Q- Well, if what you did was by the consent of the men who were
eimcemed in the company, were you not the agent of this company to
ooQtrol its ^airs in Mexico t

Mr. Staplbs. That is a question of law.

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The WiTNBSS. I don't think you ought to press that.

Mr. MoDoNALD. I would object to that question.

The Ohaibman. It is a question of fact. I insist that the question
of the agency of this gentleman for the company is a question of fact
The results and scope of his agency is a question of law. It is perfectly
apparent that he knows whether he was the a^ent or not.

Mr. MoDONALD. I submit, Mr. Chairman, that the witness has fully
explained his relations to that company and what he did.

'iir. SHBLLABAsaEB. Suppose wc let him state it again now ; he has
been interrupted several times; let us get down to it.

The Ohaibman. Well, you may get that on your examination.

Senator Bbown. Well, there may have been others ; he may not have
been the sole agent.

By the Ohaibman :

Q. Well, let us make that clear now. Oan not you answer whether
there was any agent besides yourself in New York to control the mines
in Mexico f — ^A. Well, I can not answer it categorically.

Q. Do you know of anybody! — A. I can not answer it. I don't know
of anybody.

Q. Did you ever hear of anybody t — A. But I don't know that I was
the agent.

Q. My question is, did you ever hear of anybody else being the
agent f — ^A. I don't know. I did not ever hear of anybody else being
an agent.

By Mr. Bbown :
Q. Might there not have been other persons who acted as agent with-
out you hearing about it t^A. Possibly ; I don't know.

By the Ohaibman:

Q. Do you believe that there was any other agent besides yourself t —
A. I don't think anybody else wrote to these people but myself, but
there may have been some private letters to them that I don't know of.
But what I want to explain without its going down there is that yoa
are trying to make me say that I was appointed an agent to do this,
which is not true. It is not so. I was not a particular agent. It was
unfortunate that I was there when these men were scattered, and I had
to come forward in compliance with my promise to sustain Oolonel De
Lagnel until the mills were completed. I paid the money and met the
drafts. I did it because I thought it was honorably required of me to
do it, as I had agreed to do it, but I was no agent of anybody. This
thing was done by Mr. OoUins and myself. It seemed to devolve upon
me to write these letters, but I was not an agent for anybody or com-

Q. I am not making any allusion now to the form of your employ-
ment;, but the fact ; whether the fact is that these gentlemen came tiiere
and intrusted the management of this business to you f — ^A. They asked
me to write these letters and I did so. That was all there was to it.
There was no business of the company carried on in New York any more
than Washington or anywhere else.

Q. There were collections made in New Torkt — ^A. This was more
of an association of gentlemen who paid up money.

Q. There was money borrowed in New York f — ^A. It was borrowed
from Mr. OoUins and myselt and others.

Q. There were debts contracted against the company in New York T —
A. I don't know of any.

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Q. These loans of money, the advanoes to the company. Yon have
Bheady stated that the company has been sued npon loans made there t —
A. Tea, sir.

Q. And judgments obtained t — A. Yes^sir; bat it was not sued by
any oatsider.

Q« It makes no difFeience abont that— A. It was sued by these par-
ties who advanced the money.

Q. It makes no difference ; if you were the agent borrowing the money,
yoa boand the company by your contract.

By Senator Dolph :
Q. In that connection I would like to ask a question. Was not the
suit brought against the company by John H. Gkurth in the year 1867
for all these sums which had been advanced by yourself and others on
account to the company, the demands being assigned to him for the
purpose of bringing a suit f — A. That was so ; yes, sir.

Q. The summons in this printed copy is dated June 8, 1867 ; and I
see the first cause of action is for a promissory note datea the 15th of
May, 1867, and made payable to the «rder of the plaintiff. The second
cause of action appears to be upon a promissory note dated May 15, 1867,
and made payable to the order of Harrison, Garth & Oo. Was that
your company t — A. That was the company of which I was a member.
Q. And that seems to be for $17,180.47 1— A. Yes, sir.
Q. You indorsed that to Mr. Gkuth for the purpose of enabling him
to bring a suit against the company for it t — A. That was a friendly
suit in order to put these things in the shape of a judgment.

Q. Now, did not this one suit embrace all those claims t— A. No ; there
were some left out. I don't remember the particulars of it, but there
were some claims which were not embraced in that, probably.

Q. What was the nature of the claims not embraced! — ^A. Some
sums advanced by parties not embraced in that. There were probably
notes given afterwards. Some of the parties were not in New York at
the time.
Q. After the bringing of the suit t — ^A. Yes, sir.
Q. When was Mr. De Lagnel's salary paid ; after he returned to New
York f — ^A. I think it was paid sliortly after he returned. I think in
the summer of 1867.

Q. Was it after this suit was brought, the 8th of June f — ^A. I don't
remember whether it was before or ^ter, but it was some time during
the summer. Mr. De Lagnel was paid by some of the directors just
dubbing together.

Q. In this document which purports to be a copy of the complaint of
John H. Garth against the mining company, there is first the promissory
note which I have mentioned, alleged to have been executed by the de-
fendants, to the plaintiff— that is, to John H. Oarth— for$5,130.07. Then
the next cause of action the promissory note, alleged to have been ex-
ecuted by the defendants, to Harrison, Garth & Company for $17,180.40.
The third cause of action, for a promissory note, executed by the defend-
ants, to Gtoorge 0. Collins, $21,145.17. The fourth cause of action the
promissory note, executed by the defendants, to the plaintiff— -that is,
JohnH.Gkhrth — for$l,990.40. The fifth cause of action a promissory note,
alleged to have been executed on the 8th of June, 1867 — the day when
the summons was filed — by the defendants, payable to William L. Heam,
for $1,990.40. The sixth cause of action a promissory note, alleged to
have been executed on the 8th day of June, 1867, the same date on
which the suit was brought, to D. J. Garth, for $1,990.40 on demand.

S-Doc. 231, pt2 11

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The seventh cause of action a promissory note, dated on the 8th of
Jnne, the day the suit was brought, alleged to have been executed by
the defendants, to George G. Gollins.$ 1,990.40 on demand. The eighth
cause of action a promissory note, alleged to have been executed on the
same date, June 8, 1867, by the defendants, to S. F. Nuckolls for
$1,990.40 on demand; the prayer of the plaintiff being for $53,407.71.
Now, do you think there were any other demands for borrowed money
that were not included in that suit of your brother's against the com-
pany t — A. I think there were some, but I don't now remember what
ttiey were.

The Chairman. Senator, what is the date of that suitt

Senator Dolph. June 8, 1867.

Mr. Foster. And judgment July 3.

The Ghaibican. By confession t

Senator Dolph. By default.

By the Ghatrman :

Q. Who signed all these different notes that were embraced in that
suitf — A. 1 don't remember now.*

Q. Did you sign any of them f — A. It may be so. I think I have
got one of the notes in my safe now.

Q. In your safe f — A. Yes, sir. It never has been paid, I know.

Q. Is that one of the notes in the suit f — A. One of the notes men-
tiooed there.

Q. In the suit f — A. In the suit.

Q. Ton did not surrender it t# the court when yon got a judgment,

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