E. Francis Hyde.

pledged under the Four per cent. Consolidated Mortgage, is it?

A. It is.

Q. Referring to the notes of the various so-called controlled companies set forth on pages 50 and 51 of the amended bill of complaint at folio 150, are these original notes in your possession?

A. They are.

Q. I show you eight promissory notes, being the notes more particularly described on pages 50 and 51 of the amended bill of complaint and ask you if these are now held by the Central Trust Company of New York as trustee under the Four per cent. Consolidated Mortgage?

A. They are; all of them.

Q. Have these been endorsed to the Central Trust Company of New York?

A. They have been endorsed to the Central Trust Company of New York as trustee under the Third Avenue Railroad mortgage by the Morton Trust Company as trustee.

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Mr. Borland: I offer in evidence eight promissory notes, the first made by the Dry 1065 Dock, East Broadway and Eattery Railroad Company for $1,822,963.70, dated April 30th, 1907, to Morton Trust Company as trustee under a certain indenture of mortgage dated May 15th, 1900, between the Third Avenue Railroad Company and said Trust Company, payable to the said Morton Trust Company as trustee or order on January 1st, 2000, or the earlier maturity of the bonds secured by said mortgage, bearing interest at four per cent. per annum, payable semi-annually on the 1st day of July and the 1st day of Janu

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E. Francis Hyde.

ary, the said note being endorsed "Pay to
the order
order of Central Trust Company

of New York, as trustee, without recourse,"
the endorsement signed by Morton Trust
Company, as trustee, by its vice-president
and secretary.

Marked Exhibit 26 A, November 13, 1908, J. A. S., Ex'r.

Mr. Borland: I next offer in evidence a note of the 42nd Street, Manhattanville and St. Nicholas Avenue Railway Company, dated April 30th, 1907, for $6,491,967.44, payable to the same order as the preceding notes, due on the same date, and bearing the same rate of interest and payable on the same days, which note bears a similar endorsement.

Marked Exhibit 27, November 13, 1908. J. A. S., Ex'r.

Mr. Borland: I next offer in evidence a note of the Kingsbridge Railway Company for $2,248,792.70, of the same date, payable to the same order, due on the same date, bearing the same rate of interest, payable on the same days as the preceding notes, which note has a similar endorsement as on the two preceding notes.

Admitted and marked Exhibit 28, November 13, 1908, J. A. S., Ex'r.

Mr. Borland: I offer in evidence a note of $4,715,064.39 made by Union Railway

E. Francis Hyde.

Company of New York City to the same order, dated, the same day, due the same day, with the same rate of interest, payable ou the same days as the preceding notes, and bearing a similar endorsement to the Central Trust Company as Trustee.

Admitted and marked Exhibit 29, November 13, 1908, J. A. S., Ex'r.

Mr. Borland: I next offer in evidence note of Southern Boulevard Railroad Company for $74,350.73, bearing date the same day, payable to the same order, due on the same date and bearing the same rate of interest, payable on the same days as the preceding notes, with the same endorsement on the back thereof to Central Trust Company of New York as Trustee.

Admitted and marked Exhibit 30, November 13, 1908, J. A. S., Ex'r.

Mr. Borland: I next offer in evidence a note of Westchester Electric Railroad Company for $1,307,221.82, bearing the same date, payable to the same order, due on the same day, bearing the same rate of interest, payable on the same days, with the same endorsement as on all the preceding notes. Marked Exhibit 31, November 13, 1908, J. A. S., Ex'r.

Mr. Borland: I next offer in evidence a note of the Tarrytown, White Plains and Mamaroneck Railway Company for $332,865.34, bearing the same date, made to the same order, due the same day and bearing the same rate of interest, payable on the

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E. Francis Hyde.

same days, and also endorsed the same as the preceding notes.

Admitted and marked Exhibit 32, November 32, 1908, J. A. S., Ex'r.

Mr. Borland: And lastly I offer in evidence a note of the Yonkers Railroad Company $1,107,867.13, dated the same day, to the same order, due the same day, bearing the same rate of interest, payable on the same days, and bearing the same endorsement as the preceding notes.

Admitted and marked Exhibit 33, November 13, 1908, J. A. S., Ex 5.

Q. Now, Mr. Hyde, has the Central Trust Company of New York begun any other suit to fore close the Four per cent. Consolidated Mortgage? A. It has not.

Q. Is there any other action or proceeding pending in any other court to collect the amount of the bonds or the interest on them other than this suit? A. No.

No cross-examination.

Mr. Borland: I file a notice of this hearing, dated November 9th, 1908, for November 13, 1908, at 11 A. M., in the Post Office Building, before Hon. John A A. Shields, Standing Examiner, directed to all the solicitors who have appeared in this suit, and proof of the service on all the solicitors shown by their admission of service dated November 9th, 1908, and ask that it be marked.

Marked Exhibit 34, November 13, 1908. J. A. S., Ex'r.