WARREN VS. BOSCOWiTZ AND COOPER. 303 



into tlie sealers? — A. Somewhere about between .$40,000.00 and 

 $50,000.00. 



1059. Q. How much do you make it here 1 ? — A. That is not exact; 

 that is rough, to the best of my knowledge. 



1060. Q. Does that include the "B.Boscowitz" balance of $3,200.00?— 



1061. *Q. Where is it?— A. (Pointing.) There it is. 



1002. Q. Well, it was $48,103.90?— A. That is only rough. It is 

 between $40,000.00 and $50,000.00. 



1063. Q. What money did Capt. Warren put in that year; anything? — 

 A. I don't think so. 



1064. Q. Well, whether it was $50,000.00 or $60,000.00? 

 Witness. $40,000.00 or $50,000.00. 



1065. Q. Well, you call it $40,000.00 or $50,000.00. I think I shall 

 shew you presently it was $60,000.00. But whatever it was it was all 

 put in by Mr. Boscowitz. The net profit was how much? — A. 

 $17,980.95. 



1066. Q. And was not that divided equally between Capt. Warren 

 and Mr. Boscowitz? — A. I believe that was the understanding. 



1067. Q. Well, you believe that was done? — A. It does not appear on 

 the books anywhere. 



Court. He may say that, but is not that the very same amount we 

 had on the books which did appear? 

 Witness. No, my lord; it does not appear on the books. 



1068. Mr. Davie. Well, does it not appear on the accounts? — A. I 

 believe it does on the accounts. 



1069. Q. Which you drew up yourself? — A. Yes. 



Court. The books may not include all the accounts between the par- 

 ties. 



1070. Mr. Davie. However, they were included in the accounts, and 

 were divided between both of them ? — A. Yes. 



1071. Q. So Mr. Boscowitz put in all the money for that arrangement, 

 and divided the profits with Capt. Warren? — A. Capt. Warren put in 

 the schooners. 



1072. Q. Well, he was paid for them. Were not the schooners char- 

 tered at $200.00 a month ? — A. There was a charter party with Grif- 

 fiths between them. 



1073. Q. Griffiths had nothing to do with them? — A. Griffiths was 

 the assignee of Capt. Warren's estate. 



1074. Q. And was it not a fact that Mr. Boscowitz chartered these 

 from Griffiths, and paid the money for them — $200.00? — A. I believe 

 there was a charter party. 



1075. Q. Then it is not true, as you said just now, that Capt. War- 

 ren put in the schooners? — A. I never said it in any way. It is a 

 strange thiug Mr. Boscowitz would pay him $8,000.00 or $9,000.00 if he 

 didn't. 



1076. Q. Was it not a fact that Mr. Boscowitz did pay the charter 

 money for these schooners at the rate of $200.00 a month? — A. I don't 

 know who paid it. 



1077. Q. You know that it was charged in the account to Mr. Bosco- 

 witz. Did he not pay it? Tell us what sum they were chartered at a 

 month? — A, I am just looking for it. I don't think the amounts — 

 they are not put down here. 



1078. Q. But it is a fact that they were charged by Griffiths, the 

 assignee? 



Mr. Taylor. The charter party speaks for itself, 



