xt70zp3vt865_191 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/mets.xml https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46.dao.xml unknown 14 Cubic Feet 31 boxes archival material 63m46 English University of Kentucky Copyright has not been assigned to the University of Kentucky.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Harkins Family papers Mineral rights -- Kentucky -- Floyd County -- History. Law reports, digests, etc. -- Kentucky. Mining leases -- Kentucky -- Floyd County -- History. Practice of law -- Kentucky. Bankers -- Kentucky. Banks and banking -- Kentucky -- Prestonsburg. Coal trade -- Kentucky -- Floyd County -- History. Lawyers -- Kentucky. Crowe, Frank R. and Craft, Susan Harris v. Middle Creek Coal Company et al text Crowe, Frank R. and Craft, Susan Harris v. Middle Creek Coal Company et al 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_20/Folder_15/0002.pdf 1908-1948 1948 1908-1948 section false xt70zp3vt865_191 xt70zp3vt865 ’3'}; L " "'»fi! : L“.e.'L',.‘. -~ ’ ‘ t .~‘ ‘ ' 3
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
' “AIMEE?“
CIVIL ACTIONI NO. 150
FRANK R. CROWE AND
SUSAN HARRIS CRAFT, PLAINTIFFS,
VS: DEPOSITIONS FOR DEFENDANTSI
MIDDLE CREEK COAL COMPANY,
GEORGE P. ARCHER, JOSEPH D.
HAREINS, CAROL MAY, COMMITTEE
FOR T. J. MAY, H. B. PATRICK,
ELIZABETH WELLS GARRIOTT, AD-
MINISTRATRIX OF THE ESTATE OF
WALTER S. WELLS, OFFICERS AND
DIRECTORS OF THE MIDDLE CREEK
COAL COMPANY AND ELIZABETH
WELLS GARRIOTT, INDIVIDUALLY, DEFENDANTS.
59 as ea 15 es 4} as as as a: as
The deposition of George P. Archer and Joseph
D. Harkins taken at the law offices of Harkins and Harkins
in the city of Prastonsburg, Floyd County, Kentucky on Monday,
January 26, 1948 at ten o'clock a. m., Eastern Standard time,
to be read as evidence on behalf of the defendants in the above
entitled cause.

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Present George P. Archer, defendant herein, and
B. F. Combs, attorney for the defendants, and Joseph D. Harkins,
defendant, and appearing as attorney for himself.
The witness, George P. Archer, being by me first
duly sworn, testified as follows:
DIRECT EXAMINATION BY
JOSEPH D. HARKINS.
Q.-l Please state your name, age, and place of residence?
A.- My name is George P. Archer. My age at this time
is eighty-one years and my residence is Prestons-
burg, Kentucky.
Q.-2 In what business are you engaged?
A.- I am President of the Bank Josephine of Prestons-
burg, Kentucky.
Q.-3 I How long have you been connected with the Bank
Josephine?
A.- Fifty-six years and a little more.
Q.-4 In what different capacities have you been connected
with the Bank Josephine?
A.- Cashier and President.
Q.-5 What other positions, if any, have you held during
your business life?
A.- I was Treasurer of Floyd County for a number of
years.
Q.-6 Was that in all successive years or in different
terms?
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A.- Well, pretty near all of it was successive except
one time.

Q.-7 Do you recall when it was that you were Treasurer
of Floyd County?

A.— From 1895 for, I reckon, ten or fifteen years.

Q.-8 And then the other occasion when you were Treasurer?

A.- After two years, I was elected Treasurer again for
a period of two years and I don't know how long I
still was Treasurer, I don't remember.

Q.-9 What is the state of your health, Mr. Archer?

A.- It's very good, except a weakness of my legs.

Q.-10 Are you active in the performance of your duties
at the Bank Josephine at this time?

A.- Yes, I am active. I come a little after eight
o'clock and stay until two o'clock every day of
the week. I work.

Q.-ll How do you get to and from the Bank?

A.- My son, Ralph Archer, brings me to the Bank and
takes me home in a car.

Q.-12 How long has it been since you have been away from
the city of Prestonsburg?

A.- It's been a long time. I don't know.

Q.-15 Is the state of your health such that you could
reasonably leave Prestonsburg and go to Pikevillo
to attend Court and to testify as a witness in this
case in Court?

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A.- My health is such that I could not go anywhere
and do any business. The weakness of my legs
is such that I couldn't do it.

Q.-14 Have you, in days gone by, undergone one or more
surgical operations?

A.- About eleven years ago I underwent a very serious
bladder operation that finally went to my rectum
and I was a long, long time getting so I could
move around.

Q.-15 Have you fully recovered from the effect of that
operation even to this time?

. A.e I never have and never will.

Q.-16 Now for the record, Mr. Archer, please state
whether or not as a result of that operation
approximately eleven years ago, you are able
to control the functions of your bladder or the
functions of your bowels?

A.- I am not able to control the bladder functions
and partly the bowel functions.

Q.—17 Are you acquainted with George B. Archer?

A.- I am acquainted with George B. Archer. He is my
son.

Q.-18 Were you acquainted with Walter S. Wells in his
lifetime?

A.— Very well acquainted with him.

Q.—19 What relation was he to you?

A.- He was my son-in-law.

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Q.—20 Are you acquainted with Elizabeth Wells Garriott
and what relation is she to you?

A.— I am acquainted with her and she is my daughter.

Q.-2l What was the former name of Mrs. Garriott?

A.— Elizabeth Wells.

Q.—22 To whom was she married before the time she
married Reverend Garriott?

A.- To Walter S. Wells of Paintsville, Kentucky.

. Q.-25 Are you acquainted with H. B. Patrick and if so.

what relation is he to you?

A.- I am acquainted with H. B. Patrick and he is my
son-in-law. He married my daughter, Ruth.

Q.-24 Are you acquainted with Joseph D. Harkins and if
so, what relation is he to you?

A.- I am acquainted with him and he is my nephew.

Q.-25 Are you acquainted with Carol May and T. J. May?

A.- Yes, I am.

Q.-26 What relation, if any, are either of them to you?

A.- None.

Q.-27 Do you know where T. J. May now is?

A.— I think he is in the asylum for the insane in
Lexington, Kentucky. _

Q.—28 A certified copy of the order of the Court finding
T. J. May to be mentally incompetent and appointing
Carol May as his committee has been filed with and
as a part of this record. Will you refer to and
make it a part of this deposition?

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A.- I will.

Q.-29 Do you recall about how long it has been that
T. J. May has been mentally afflicted?

A.- Six years or more.

Q.—50 Do you know of his having been sent to private
mental institutions before he was sent to the
public institution at Lexington?

A.— I know that he was sent to private institutions
quite a while.

Q.—51 Mr. Archer, there is filed with, and as a part
of, the bill of complaint in this case a copy of
the Articles of Incorporation of the Middle Creek
Coal Company of Kentucky which are dated July 16,
1917, in which Articles-of Incorporation J. K.

. Wells, George B. Archer, and W. S. Wells appear
as incorporators. Are you willing to refer to
these Articles of Incorporation and make them a
part of your deposition in this case?

A.- - Yes, I am.

Q.-32 Who was J. K. Wells, if you knew him?

A.- He was the brother of W. S. Wells of Paintsville, ‘
Kentucky.

Q.-55 In the Articles of Incorporation, in Section 5
thereof, it appears that the names, place of
residence, and number of shares of stock owned by
each stock-holder are as follows: W. S. Wells,
Prestonsburg, Kentucky, 742 shares; George B.

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Archer, Prestonsburg, Kentucky, 5 shares; and

J. K. Wells, Prestonsburg, Kentucky, 5 shares.

Were you, George P. Archer, an incorporator or
subscriber to the stock of the Middle Creek Coal
Company of Kentucky in its Articles of Incorporation?

A.- I was not.

Q.-54 Is George B. Archer and George P. Archer one and
the same person, or are they entirely separate
and distinct persons?

A.- They are separate and distinct persons. I am
George P. Archer and the father of George B. Archer.

Q.-35 In these Articles of Incorporation, was there any

‘ place where Joseph D. Harkins was an incorporator
or subscriber to five shares or any other number
of shares of stock of the Middle Creek Coal Com—
pany of Kentucky?

A.— No.

Q.-36 Now, prior to the time of the organization of the
Middle Creek Coal Company of Kentucky by Articles
of Incorporation dated July 16, 1917, was there
another corporation doing business ianloyd County,
Kentucky in the name of the Middle Creek Coal
Company, an Ohio corporation?

A.- The Middle Creek Coal Company of Ohio was organized
but I don't know whether it done any business in
Kentucky or not. '

Q.-37 To refresh your recollection, I will ask you whether
the Middle Creek Company of Ohio was not organized
on or about January 2, 1908 and operated the coal

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mine under lease from the Harris—Stanley Coal
and Land Company to David Holley, trustee?

A.- I suppose it did.

Q.-58 Do you recall when you first became connected
with the Middle Creek Coal Company as a stock—
holder?

A.- I don't know the time, but it was before the
organization.

Q.-59 I present you with the stock book of the Middle
Creek Coal Company of Ohio with authorized capital
stock of $25,000.00 and will ask you to say whether
or not Certificate No. 68 for 15 shares_2£/§%§dle
Creek Coal Company of Ohio stock was issued to
you on February 23, 1912?

A.- This stock was issued to me at that date.

Q.-40 ' Who was present of the Ohio Corporation on Feb—
ruary 25, 1912 and signed this Certificate No. 68
as President of the Company?

A.- Hiram Harris.

Q.-4l Did you know Mr. Hiram Harris in his lifetime?

A.- I was very well acquainted with him.

Q.-42 Is he living or dead?

A.- He is dead.

Q.—43 How long has he been dead?

A.- He died about 1935.

Q.-44 Are you acquainted with Susan Craft, one of the
plaintiffs in this case?

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A.— ' I am.

Q.-45 What relation, if any, was she to Hiram Harris?

A.— She was the daughter of Hiram Harris.

Q.-46 Are you acquainted with Mrs. Pete Allen?

A.- Yes, I am.

Q.-47 What relation, if any, is she to Hiram Harris?

A.- She is his daughter.

Q.—48 And what relation are Susan Craft and Mrs. Pete
Allen?

A.- They are sisters.

Q.-49 Did you know I. P. Craft in his lifetime?

A.— I did. _

Q.-50 What relation was he, if any, to Susan Craft?

A.- He Was her husband.

Q.-51 Do you know by what other name Susan Craft is
usually and customarily called here in Prestons-
burg and by the people who know her?

A.- Tink Craft.

Q.-52 When the organization meeting was held of the
stock holders of the Middle Creek Coal Company
of Kentucky, who were elected as directors of
the Company?

A.- Hiram Harris, B. M. Spurlock, George B. Archer,
George P. Archer and W. S. Wells.

Q.-55 How many votes were cast for each of them?

A.- Harris had 750 votes, Spurlock had 750, George B.
Archer had 750, George P. Archer had 750, and

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and W. S. Wells had 750 votes.

Q.—54 At that stock holders' meeting, Mr. Archer, state
whether or not there were any transfers of the
stock which had been subscribed for by W. S. Wells
and if so, to whom and the number of shares of
stock that were transferred?

A.- W. S. Wells transferred 3 shares of stock at the
stock holders' meeting to Hiram Harris, B. M.
Spurlock and George P. Archer.

Q.-55 Mr. Archer, at the bottom of page 11 and the top
of page 12 of the record books of the Middle Creek
Coal Company of Kentucky there appears a proposition
dated July 16, 1917 by George P. Archer, trustee,
offering to sell to the Kentucky corporation the
mining plant, lease, appliances and fixtures and
all property of every kind and nature of the

I Middle Creek Coal Company organized under the
laws of the State of Kentucky, in consideration
of the cancellation of the options to the capital

‘ stock of the Kentucky Corporation and the issual
of its entire capital stock of 1500 shares having
a par value of $100.00 per share, the same to be
fully paid and nonassessible to the persons therein
named and in the amounts set opposite their names
totaling 1500 shares of the Kentucky corporation
and signed by George P. Archer, trustee. Is that
signature in your hand writing?

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A.- That is my hand writing. The Middle Creek '
Coal Company was organized in 1908 and ran until
191”. The original corporation of Ohio was
$25,000.00 and it was considered when the new
corporation was organized that the stock had
increased in such a way that it justified the
issual of $150,000.00 in lien of $25,000.00.

Q.-56 Was that the reason for the organization of the
Kentucky corporation of the same name?

A.- I don't know the reason otherwise than I have
just stated it.

Q.-57 I am requesting the officer taking this deposition

‘ to copy this instrument in full in and as a
part of your deposition. Will you refer to it
and make it a part of your deposition when so
done?

A.- I request that and will so refer.

Q.-58 Now, does that paper state the true action relative
to the changeover from the Ohio corporation to
the Kentucky corporation?

A.- Yes it is. Absolutely.

Q.—59 Was that offer accepted by the;;tock—holders of
the Middle Creek Coal Company of Ohio?

A.- It was.

0.760 And of Kentucky?

' A.- It was.
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(Minute Book, pages 11 - 12)

Thereupon came Geo. P. Archer, Trustee, who
presented a proposition which is in words and figures as
follows, to-wit:—

Prestonsburg, Ky., July 16th, 1917.
To the Stockholders and Directors,
The Middle Creek Coal Company,
Prestonsburg, Kentucky. '
Gentlemen: - .

I hereby propose to sell, assign, transfer and
convey to your Company the mining plant, lease, appliances,
fixtures and all property of every kind and nature of the Middle
Creek Coal Company, organized under the laws of the State of
Ohio and formerly doing business at Middle Creek, Kentucky, for
and in full consideration of the cancellation of the subscrip-
tions to the Capital Stock of your company by its incorporators
and the issual of its entire capital stock of fifteen hundred
(1500) shares, having a par value of $100.00 per share, the
same to be fully paid and non-assessable, to the following
named persons in the amounts set opposite their respective ~
names:

Hiram Harris, Prestonsburg, Kentucky 240 shares.
I. T. Craft, Prestonsburg, Kentucky 60 shares.
Alva Sanders, Ashland, Kentucky 60 shares.
A. T. Holcomb, Portsmouth, Ohio 60 shares.
Jno. F. Wilheim, Portsmouth, Ohio 50 shares.
W. W. fiichmond, Prestonsburg, Kentucky 50 shares.
R. A. Patrick, Paintsville, Kentucky 18 shares. ,

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G. B. Archer, Prestonsburg, Kentucky 90 shares.
G. P. Archer, Prestonsburg, Kentucky 210 shares.
W. S. Wells, Prestonsburg, Kentucyy 572 shares.
B. M. Spurlock, Mi ale Creek, Kentucky 60 shares.
Nolia Buckingham, Pa ntsville, Kentucky 60 shares.
Hrs. Jno. C. C. HayO.Qo., Paintsville, Ky. 120 shares.
Geo. F. Copeland, Palntsville, Kentucky, Weyauoke, Va. 60 shares
J. K. Wells, Paintsville, Kentucky 50 shares.
{sgd.{ Geo. P. Archer ' __
TRUSTEE.

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Q.-61 And pursuant to that offer and aceeptance,
state whether or not Certificates representing
the entire authorized capital stock of the
Kentucky corporation in the sum of $150,000.00
was issued to the stock-h lders of the Ohio
corporation in proportion of six shares of the
new corporation for one share of the Ohio
corporation?

A.- That was the arrangement.

Q.-62 At the time of this transfer of the assets of
the old corporation to the new corporation
for $150,000.00 of its stock, was or not, in
your judgment, the physical, tangible, and
equitable properties and goodwill owned by the

_ Ohio corporation of a value of at least
$150,000.00 or more?

A.— We considered it at that value or more.

Q.-63 Do you think that that judgment is correct?

A.- I am pretty sure it is.

Q.—64 Did each and all and every one of the existing
stockholders of the Ohio corporation have the
same viewpoint that the property was worth
$150,000.00 at that time?

A.- So far as I know.

Q.—65 Was there any dissent from it?

A.— Not as I know. ‘

Q.-66 Did Hiram Harris, father of Susan Craft, agree

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l with it and accept 240 shares of the new

corporation for 40 shares which he owned in
the old corporation?

A.- Yes sir, he did.

Q.-67 Did I. T. Craft, the husband of Susan Craft,
one of the plaintiffs in this Case, accept
such valuation and receive and accept any
shares of stock in the new corporation for
10 shares of stock which he owned in the old

' corporation? I

A.- Thai's right. Sixty shares in the new cor-
poration for ten shares in the old one, and
all of the others did the same thing.

Q.-68 Was B. M. Spurlock a stock holder in the old
corporation at the time of the organliation of

, the new corporation?

A.- He was.

Q.-69 Did he concur and agree to the exchange and
receive stock in the new corporation?

A.— He did. ,

Q.—7O To what extent?

A.— He got 60 shares for 10. All of them got 6 for
l in the stock.

Q.-Vl Was there any of the stock of the new corporation
that was not transferred to the stock holders
in the proportion of 6 for l, as you have
mentioned, for the stock?

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A.— All of these stock holders in the old cor—
poration got 6 for l in the new corporation
and did it willingly. There wasn’t any question
made by anybody.

Q.—72 Was there any of the stoct of the Kentucky
corporation, either any of the 742 shares
subscribed by Walter S. Wells or the 5 shares
subscribed for by George B. Archer or the 5
shares subscribed for by J. K. Wells or any

. of the treasury stock, the remaining 750 shares
of the authorized capital stock sold by Walter
S. Wells or by you or by Joseuh D. Harkins or
by any other person for money or for property
of which they received any benefit whatsoever?

A.- There was not.

Q.—73 Was there any portion of the authorized capital
stock or of the incorporator's subscribed
shares to enable the Company to begin, ever
sold by anyone other than in exchange for the
property of the Ohio corporation?

A.- No. It was all in exchange, 6 for l.

Q.—74 Tell the Court the date that Walter 8. Wells
died, if you can recall?

A.- Notexactly. It was about October, 1918.

Q.—75 Now, after this interchange and exchange of
stock on the basis of 6 for 1, tell the Court
whether or not the operation of the Middle Creek

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.

Coal Comoany proper continued in the same
manner and under the sane management as it
had when the Ohio corporation held the title
to the I.)rc>oertg,r‘?

A.~ It did.

Q.-76 At a meeting of the directors of the Kertucky
corporation held on July 85, 1917, were
officers of the Company then elected?

A.- They were.

Q.—77 And who was elected as president, vice~oresident,
secretary and treasurer, and general manager?

A.— (Minute Book, page 19) Harlan Harris, president;
George B. Archer, vice-president; George B.
Archer, secretary and treasurer and Walter 8.
Hells as general manager.

Q.—78 Was there a further election at the meeting of
the board of directors held on January 8, 1918?

A.— (Minute Book, page 45) There was elected as

' shown Hiram Harris, president; George P. Archer,

vice—president; George B. Archer, secretary and
treasurer; and Walter S. Wells, general manarer.

Q.-79 Now, was there a dir ctors meeting held on
January 15, 1920 at which officers were elected,
and if so, give the names of the officers
elected at that time?

A.- (Minute Book, page 75) Hiram Harris, president;
George P. Archer, vice president; George B.

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Archer, secretary and treasurer and general
manager, Walter Hells, former general manager
having died.

Q.-SO Now on January ll, 1921, was there a meeting
of the board of directors and the election of
officers, and if so, give the name: of the
officers so elected.

A.- (Minute Book, page 155) George P. Archer was
elected president; I. T. Craft, Vice-president;
T. J. May, secretary and treasurer and George B.
Archer, general menager.

Q.-Bl I am not sure whether I have heretofore asked
you or not, but what relationship, if any, was
there existing between I. T. Cra t and Hiram
Harris?

A.— I. T. Cra t was son—in~law of Hiram Harris and
husband of Susan Cra t and brother-in-law of
Pete Allen.

. Q.—82 Now, I'll ask you whetheror not, at the meeting
of the board of directors on January 10, 1922
(Minute Book, page 165) the same officers were
re-electer to succeed themselves?

A.- The record so ShOWS, which is correct.

Q.-85 And further, at an annaul meeting of the board
of directors on January 9, 1925 (Minute Book,
page 195) whether or not the same officers
were re-elected to succeed themselves?

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A.— The record so ShOWS, which is correct.

Q.—84 And whether at a meeting of the board of directors
on January 8, 1924 (Minute Book, page 229) the
same officers were afain re—elected to succeed
themselves?

A.- Yes, with the exception that George B. Archer
had left Kentucky and resigned from the position
of general manager and I was elected as general
manager to succeed him.

Q.-85 Tell the Court whether or not during the period
of time from the organization of the Company in
1917 to and including the year 1924, there was
any objection or criticism on the part of
either Hiram Harris or I. T. Craft or any
stock—holder of the Middle Creek Coal Comoany
instant, or in connection with, the carrying on
of its business, its management of its business,
the expenditures made by the executive officers
of the Company and the disbribution and disposal
of the earnings of the Company?

A.- The Company was making good money and it was
being distributed to the stockholders and I

~ never heard of any objection anywhere, anyway, .
by anybody. Everybody was being treated equal
as far as I know. -

Q.-86 Now, at the meeting of the directors of the
Company held on February 4, 1925 (Minute Book,

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page 257), tell the Court who was elected as
officers of the Company?

A.— George P. Archer, president, 0. W. Van Patten
vice-president, George P. Archer was made
general manager; T. J. May, secretary and
treasurer.

Q.—87 On April 25, 1925 (hinute Book, page 267), state
whether or not Joseph D. Harkins was named
and Vice-president of the Comnany?

A.— The record shows that Joseph D. Harkins was
named 2nd vice-president.

Q.-88 On January so, 1926, was there a further election
of officers of the Company (Minute Book, pave
925), if so, state who was elected at that time?

A.— George P. Archer was elected president and
general manager; 0. W. Van Patten, lst Vice-
president; J. D. Harkins, 2nd vice-president;
T. J.May, secretary and treasurer.

Q.—89 How long after that did you continue as an
officer and director of the Middle Creek Coal >
Company?

A.- After I got out of the spontaneous combustion
fire on Middle Creek river bank, I resigned
as nresident and director on March 27, 1926 and \
said resignation was accepted by the Board.

@.-90 Was anyone elected to succeed you as a director
of the Company at that meeting?

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A.— The record shows that Mrs. Lizzie Wells, the
widow of Walter 5. Wells was elected as director
and there was no one ever elected president
after I resigned.

Q.—91 Was anyone elected to replace youxas general
manager after you resigned from the Company?

A.— (Minute Book, page 505) H. B. Patrick was
elected to succeed me as general mana er of
the Company.

Q.—92 Did you have anything to do with the business
affairs of the Company or its management after .
your resignation as president and general
manager and director on March 27, 1926?

A.- I had nothing to do with the management but
I helped Joseph D. Harkins go to Washington
and Louisvil e to get the income tax from the
Middle Creek Coal Company adjusted properly.

Q.-95 Were you ever an officer or a director of the
Company from or after March 27, 1926?

A.- I was not. I was a well—wisher of the Company
but not an officer or director.

Q.-94 Now will you please tell the Court who were the
directors of the Company during the years
covered by the dates as to which I have asked
you as to the election of the officers?

A.— On January 8, 1918 (Minute Book, page 45), the

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directors were Walter S. Wells, George P.
Archer, George B. Archer, B. M. Spurlock and
Hariam Harris; on January 15, 1920 (Minute
Book, page 75) the record ShOWS that J. K.
Wells, A. J. Archer, George P. Archer, Hiram
Harris and B. M. Spurlock were re—elected
for the ensuing year; and at the meeting of
A the stock holders on January 11, 1921 (Minute
Book, 151) it apoears that George P. Archer,
A. J. Archer, J. K. Wells, I. T. Craft, and I
J. L. Salmons were elected as directors. At
' the meeting of the stock holders on January 10,
1922 (Minute Book, page 165), George P. Archer,
A. J. Archer, J. K. Wells, I. T. Craft and
J. L. Salmons Were elected as directors and
at a meeting of the stock holders on January 9,
1925 (Minute Book 195) George P. Archer, A. J.
Archer, J. D. Harkins, Lee Salmons and I. T.
Craft were elected as directors. At a meeting
of the stock-holders on January 8, 1924 (Minute
Book, page 227) the directors elected for the
ensuing year were George P. Archer, J. D. Harkins,
A. J. Archer, J. L. Salmons and I. T. Craft; and
at a meeting of the board of directors (Minute
Book, page 257) on February 4, 1925, apoears a '
combination series of minutes showing Lee Salmons,
, ' A. J. Archer, George P. Archer, J. D. Harkins and
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O. W. Van Patten were elected as directors.
At a stock holders meeting on January 25, 1926
(Minute Book, para 295) the directors were
elected for the ensuing year as follows;
George Pl Archer, A. J. Archer, O. W. Van Patten,
H. B. Van Patten and Joseoh D. Harkins.

Q.—95 Mr. Archer, the last time that it appears that

i I. T. Craft was elected as a director of this V
Company was on January 8, 1924, do you know
whether or not on October 3, 1924 I. T. Craft I
sold all of his stock in the Middle Creek Coal
Company to Frank R. Crowe?

A.- (Minute Book, oage 499) The record shows that
he did.

Q.—96 ' From and after October 8, 1924, did I. T. Craft
ever own any stock in the Middle Creek Coal
Company?

A.~ None that the record, or any record, shows.

Q.-97 I will ask you to transfer to the Certificate
Stock Book of the Middle Creek Coal Company, and
particularly Certificate No. 87 thereon and tell
the Court from whom the plaintiff, Susan Craft,
acquired the Certificate of‘stock which is owned
by her and referred to in the petition in this
case?

A.~ The record apoears that she bought the stock
from Frank R. Crowe. Ten shares.

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Q.-98 And what was the date when that certificate
was issued to her?

A.- May 9, 1925.

Q.-99 Tell the Court whether’or not there was any
other person or persons who were or was
director of the Middle Creek Coal Company
other than those whom you have named?

A.- No one else was director or directors other
than what I have named.

Q.~lOO It aopears that for the year 1919 that the
record is silent as to the election of
directors and officers for that year. Why
is this so?

, A.— On account of the death of Walter 3. Wells no
election was held and the same officers and
directors continued until the next January
15, 1920. ,

The further taking of this deposition is
adjourned until Tuesday, January 27, 1948 at the offices

of Harkins and Harkins, Prestonsburg, Kentucky.

WWW-‘.‘“
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Tuesday morning, January 27, 1948 at

10 o'clock a.m. Eastern Standard Time, met pursuant to

adjournment order with the same persons present as yesterday

and continued to tale the deposition of the witness, George

P. Archer.

Q.—lOl Mr. Archer, on yesterday I requested you to

‘ read into your deposition a proposal relative

to the transfer of the whysical assets of the
Middle Creek Coal Company of Ohio to the Middle
Creek Coal Company of Kentucky in exchan e for
its capital stock which you said you would do.
It appears from the Minute Books of the Cor-
poration that there was a stock holders' meeting
held on July 25, 1917 and a directors' meeting
held on July 25, 19l7, all relative to the transfer
of the titles from the Ohio corporation to the
Kentucky corporation and the issual of all the
capital stock of the Company; the minutes of
which meetings are recorded on pages 11-23 of
the Minute Book of the Corporation and which
read as follows:
Are you willing to refer to and make the record
of these meetings a part of your deposition in
this case. '

A.- I am.

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(Minute Book, pages 11 - 29)

At a meeting of the stocxholders of the
~ Iicdlc Creek Coal Company, held at its office in the city
of Brestonsbnrg, Lenticry, on the 25rd day of July, 1917,
there were oresent the following stockholders, to—wit:
W. 8. Wells holcer of 744 shares of stocK.
‘ J. K. Wells holoer of, B shares of stock.
G. P). archer " " C’) " " "
Being all the stockholde s as shown by the
Articles of lncoroorati n hereof and this meeting was thereupon
called to order by W. 5. Hells, who we: elected as Chariman and
J. K. Wells Secretary thereof.

A copy of the articles of Incorporation of this
Cogoany being or :ented to the meeting and the same having been
duly acknowledged and recorded as required by law and having
been soread at large noon the minutes of the incorporators
meeting, this day held, of Incorporation and that said Company
be and it is now duly organized under and pursuant to the terms
there of.

Thereapon came W. 8. Wells and transferred three
shares of stock to each of the fiollowing;

Hiram Harris

B. M. Spurlock.

G.P. archer.

Thereupon the stockholders proceeded to the
election of a Board of Directors to he composed of five members
to serve until the next annual election of Directors and until

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their successors shall have been duly elected and qualified, and
the election havin. been held by ballot and inthe manner
provided by law, each of the following named persons received
the number of votes set opposite his name, to—wit:
Hiraw Harris, 750 votes.
8. M. E*purloclsi, 750 votes.
. G. B. Archer, 750 votes.
G. P. Archer, 750 votes.
W. 8. Wells, 750 votes.
and they were declared duly elected as aforesaid.
Thereupon came George P. Archer, Trustee, who
presented a proposition which is in words and figures as follows,
to-wit: ‘
. Prestonsburg, Ky., July 16th, 1917.
To the Stockholders and Directors,
The Middle Creek Coal Company,
Prestonsburg, Kentucky.
Gentlemen:

I hereby propose to sell, assign, transfer and
convey to your Company the mining plant, lease, appliances,
fixtures and all property of every kind and nature of the Middle
Creek Coal Company, organizec under the laws of the State of
Ohio and formerly doing business at Middle Creek, Kentucky, for
and in full consideration of the cancellation of the subscriptions
to the Capital Stock of your company by its incorporators and
the issual of its entire capital stock of fifteen hundred (1500)
shares, having a par value of $ 100.00 per share, the same to
be fully paid and nonassessable, to the following named oersons

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in the amounts set opposite their respective names;
Hirar Harris, Prestonsburg, hentucky 340 shares.
I. T. Craft, Prestonsburg, Kentucky 60 "
Alva Sanders, Ashland, Kentucky 60 "
A. T. Holcomb, Portsmouth, Ohio 60 "
Jno. F. Wilhelm, Portsmouth, Ohio 50 "
W. W. Richmond, Prestonsburg, Kentud y 50 "
R. A. Patrick, Paintsville, Kentucky 18 "
' G. B. Archer, Preotonsburg, nentuch; 90 "
G. P. Archer, PrectonSburg, Aentacky 210 "
W. S. Wells, Prestonsburg, hentuchf 572 "
B. M. “purlock, Middle Creek, Kentucky 60 "
Nolia Buckingham, Paintsville, Kertudty 60 "
Mrs. Jno.C.C. Mayo Co.,Paintsville, Ky. 120 "
Geo. F. Copeland, Paintsvilie, Kentucky
Weyauoke, Va. 60 "
J. K. Wells, Paintsville, Kentucky 5o "
{Sgd.g ”so. P. Archer
TRUSTEE.

Thereupon came J. K. Wells, and presented and
moved its adoption the following resolution. to—wit:

”Whereas, Geo. P. Archer, Trustee, on Jul? 16th
1e17, purchased of the Mioolc Creek Coal Company, a corporation
organized and existing under and by virtue of the laws of the
State of Ohio, its mining plant, lease, appliances, fixtures and
all its property of every kind and nature whatsoever, together
with all its assats of physical nature, and I

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Whereas, the said Archer, Trustee, has this

day submitted to this meeting of stockholders his written
proposition to sell, assign, transfer and convey to this
Comoany all Said prooerty and assets, for and in full consider—
ation of the cancellation of the subscriptions to this Company's
capital stock by the incorporators, and the issual on the entire
Fifteen Hundred (1500) shares of the capital stock of this
Connany, having oar value of $ 100.00 ner share, fully paid
and non-assessable to the following named persons in the amounts
set opposite their respec