I have computed interest at 4 per cent. on $37.560,000 worth of bonds, the installment of interest which became due on January 1st, 1908, for the six months ending on that date, amounting to $751,200. The interest from the 1st of January, 1908, on the same amount, figured at 4 per cent., to and including to-day, September 30th, 1908, amounts to 1050 $1,126,800, making a total of interest at 4 per cent.. figured on an issuance of $37,560,000 of principal from July 1st, 1907, to and including September 30th, 1908, of $1, 878, 000, which is the total amount of interest due on the outstanding bonds at this day.

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E. Francis Hyde.

Q. Mr. Hyde, I show you Exhibit 23 for identi fication of this date and ask you is that a true copy of the charter of the Central Trust Company of New York?

A. This Exhibit 23 is a true copy of the charter of the Central Trust Company of New York.

Q. Mr. Hyde, did the Central Trust Company of New York, of which you have testified you are the vice-president, have a capital and surplus of at least one million and a half of dollars on the 27th day of December, 1907?

A. It did.

Q. Did it, as a matter of fact, have a capital and surplus together largely in excess of that amount? A. It did; in excess of $15,000,000.

Q. Mr. Hyde, what was the capital and undivid ed profits of the Central Trust Company of New York on the 31st day of December, 1907?

A. The capital was $1,000,000 on that date and the undivided profits were $14,527,374.05 on that date.

Mr. Borland: I offer in evidence the charter of the Central Trust Company of New York, being an Act of the Legislature, Chapter 832 of the Laws of 1873, passed June 25th, 1873, the original law being filed in the office of the Secretary of State of New York.

Marked Exhibit 23, November 13, 1908. J. A. S. Ex'r.

Mr. Borland: I also offer in evidence an Act of the Legislature, being Chapter 306 of the Laws of 1874, passed April 30th, 1874, amending the charter of the Central Trust Company of New York; and I also offer in

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E. Francis Hyde.

of complaint, the first being a bond and mortgage of James P. Foster to Cornelia L. Marshall, as executrix, the mortgage recorded in Liber 1976 of Mortgages, page 89, in the Register's Office of New York County, the second being the bond and mort gage made by James P. Foster to William H. Wilkins, recorded in Liber 1976 of Mortgages, page 97, and the third being a bond and mortgage of James P. Foster and wife to the Homeopathic Mutual Life Insurance Company, the mortgage being recorded in Liber 1977 of Mortgages, page 441, I ask you has the Central Trust Company of New York as signments of those bonds and mortgages?

A. It has.

Q. Are these three bonds and mortgages as set forth on page p. 51 of the amended bill also part of the personal property held by the Central Trust Company of New York under the four per cent consolidated mortgage?

A. They are.

Q. Mr. Hyde, have you examined the list of personal securities alleged to have been pledged under the mortgage under foreclosure in this suit as the same are set forth on pages 49, 50 and 51 of the amended bill of complaint?

A. I have, and checked them off.

Q. Are all the shares of stocks, bonds, notes and the real estate mortgages as therein set forth in the possession of Central Trust Company of New York? A. They are.

Q. You know that of your own knowledge?

A. I do.

Q. You have seen them there, have you?

A. Yes, sir.

Q. And this is all part of the personal property