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Mr. Borland: I next offer in evidence the bill of foreclosure filed in the United States Circuit Court, Southern District of New York, in a suit in Equity by the Morton Trust Company against the Metropolitan Street Railway Company and other defend ants, verified November 6th, 1907, and filed in the clerk's office of said court, October 9th, 1907, for the foreclosure of a mortgage of $65,000,000 made by Metropolitan Street Railway Company to Morton Trust Company, dated March 21st, 1902, and recorded in the Register's office of New York County, April 8th, 1902, in Liber 10 of General Mortgages, page 114.


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Mr. Borland: I next offer in evidence an order dated January 6th, 1908, made by Hon. E Henry Lacombe, United States Circuit Judge, in this foreclosure suit, by which Frederick W. Whitridge, Esq., is appointed receiver of all the railroad, properties and premises, real, personal and mixed, of every kind, mortgaged and pledged under the First ('onsolidated Mortgage of The Third Avenue Railroad Company to Morton Trust Company as trustee, datel May 15th, 1900, being the mortgage under foreclosure in this suit.


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

Mr. Borland: I next offer in evidence certitied copy of an order made by Hon. E. Henry Lacombe, United States Circuit Judge in this suit, dated and filed January 901, 1908, directing that said receiver Frederick W. Whitridge be vested with and take pos

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session on Saturday, January 11th, 1908, at midnight, of all the property of which he was appointed receiver by said order of January 6th, 1908, and directing Messrs. Joline and Robinson, receivers of the Metropolitan Street Railway Company and also as receivers of the New York City Railway Company, upon demand of Mr. Whitridge as such receiver to turn over and deliver to said Whitridge as receiver all said property in their hands or under their control mentioned and described in the bill of complaint in this suit.


Adjourned to Tuesday, November 17, 1908, at 11 o'clock.



THIRD AVE. R. R. Co., and others.


New York, November 17th, 1908.

Met pursuant to adjournment.

Present- MIDDLETON S. BORLAND, Esq., represent

ing Messrs. Bowers & Sands, Solicitors for Complainant. John M. PERRY, Esq., representing Edward M. Shepard, Esq., Solicitor for The Third Avenue Railroad Company, defendant.

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Q1. Mr. Martin, are you an officer of the Union
Railway Company?

A. Yes, sir.
Q2. What office do you hold?
A. Secretary and treasurer.

Q3. Are you also an officer of the Westchester
Electric Railroad Company?

A. Yes, sir; same offices,
Q4. And of the Yonkers Railroad Company?
A. Yes, sir.
05. Treasurer of that Company also?
A. Same offices, yes, sir.

Q6. And of the Tarrytown, White Plains & Mamaroneck Railway Company, are you an officer of that Company?

A. Yes, sir; the same office.

Q7. Are you an officer of the Southern Boulevard Railroad Company?

A. Yes, sir; the same with that.

QS. And of the Kingsbridge Railway Company also?

A. I am now, yes.

Q9. Will you state as nearly as you can how long you have been secretary and treasurer of these va. rious Companies?

A. Since February 1st, 1904.

Q10. Of which Companies have you been secretary and treasurer since that date?

A. Of all except the Kingsbridge Railway Company.


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