"'A. Yes, sir.'
"'Q. How much did you pay Mr. Tilden?'
"'A. Ten thousand dollars.'
"'Q. Did Mr. Tilden ever do anything for that ten thousand dollars?'
"'A. No, sir; on the contrary, I heard nothing about Mr. Tilden until he turned up as counsel against the Erie Railroad in a case with the Atlantic and Great Western Railroad.'
"The Times report varies a little:
"'Q. Did he ever act as your counsel?'
"'A. Never to my knowledge, nor did he ever return the retaining fee.'
"Now, it is within your personal knowledge that the fee paid me was for a year's service as counsel and arbiter in the executive committee of the Cleveland and Pittsburg Railroad Company. The arrangement was formed by you without my presence or knowledge; and the only communication of the terms of it ever made to me was by you.