WARREN VS. BOSCOWITZ ET AL. 305 



date, and for securing payment of the sum of $15,000.00 and interest, 

 etc' " 



"Court. Be had two mortgages on the same steamer? 



" Mr. DAVIE. Yes; two for $15,000.00 each; $30,000.00 in all." 



To shew how the business was run, Geo. E. iMiinro, hook keeper for 

 J. D. Warren, testified as follows (page 62 of the record): 



GEO. E. MUNEO, direct. 



"Q. Well, now, of that 13 or 14 or more thousand dollars of die net 

 earnings of that summer I hat you received, what did you do with 

 them?— A. That is, in L8861 



"Q. Yes.— A. Well, some of it was hanked. 



"Q. Who got it from the bank; do you know? — A. Well, Mr. Bos- 

 cowitz .not some of it. 



"Q. Do you know how much ? — A. Well, I £avo him a cheque per- 

 sonally for $1,128.42. 



" Q. What were the items of the Other ones? — A. Another amount 

 to Oapt. Williams. $600.00. 



" Q. That is the master mariner in command 1 ? — A. The captain of 

 the boat. 



"Q. And the balance? — A. Was paid to Joseph Boscowitz. 



"Q. Whom did you sive that $1,128.42 to? — \. To BIr. Boscowitz 

 personally. I gave one cheque, the lirst one, to Capt Williams, $000.00, 

 and the second cheque to Mr. Boscowitz of $1,128.42. 



"Q. What did you do with the balance of the money? — A. Well, the 

 balance of the money was disbursed for the steamer, and what was over 

 went to Mr. Boscowitz personally, or went into the office for his busi- 

 ness. 



U Q. After the running expenses of the Barbara Boscowitz were paid 

 he received the balance personally, or it was put in his business? — A. In 

 the sealing business. 



"Q. What was the amount ho received, cither personally or that 

 went into the sealing business 1 ! — A. About, $14,104.84. That was paid 

 to Mr. Boscowitz personally or by his order for the sealing business." 



On page 78 of the record, the same witness, the following appears. 

 Geoege E. Munro (cross-examination^: 



"(To witness.) Was not that $41,000.00 the settled balance between 

 Oapt. Warren and Mr. Boscowitz when Mr. Boscowitz left for England 

 on the 25th October, 1880, which was when he left, was it not? — A. I 

 believe so. 



"Q. Was not the settled balance about $41,000.00!— A. Still, it does 

 not appear any place. 



"Q. But does it not appear from these accounts which you have 

 shewn? — A. In lead pencil it does. 



"Q. Well, the settled balance here appears of the two accounts to 

 be $35,000.00— $33,000.00 on the one and $1,700.00 and something on 

 the other, making $35,000.00 and some fractions in all. Add to that 

 $5,530.00(1) and something, makes it altogether $41,000.00. Now, is 

 it not a fact that mortgages were given at that time on the different, 

 vessels for $41,000.00? 1 will just, remind you of it. Were not these 

 mortgages given at the time that Mr. Boscowitz left for England, 

 which you say was the 25th Oct., to secure this by Cooper? <>n the 

 Barbara Boscowitz $20,000.00, on the Grace $6,000.00, on the Dolphin 

 $0,000.00, on the Anna Beck $5,000.00, on the, W. I'. 8aywdrd $2,500.00, 

 on the Rustler, making in all $4 1,000.00?— A.. Well, if you show me 

 the books I will tell you." 

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