306 OWNERSHIP OF CERTAIN SEALING VESSELS. 



The witness did not answer, but referred to the books he. had kept 

 for Warren, which were sent for, and the facts substantially brought 

 out. 



In the supreme court of British Columbia, before Sir. M. B. Begbie, 

 C. J., December 9, 1890, Hannah Warren, plaintiff, vs. Joseph Bos- 

 cowitz and Thomas Henry Cooper, defendants, Joseph Boscowitz testi- 

 fied as follows as to the ownership of the schooners used in seal-catch- 

 ing (pp. 154 and 25 of the court record) : 



Joseph Boscowitz (cross-examination): 



" Q. In 1886, you say, the charter money was paid to Griffiths, the as- 

 signee 1 ? — A. I think he got $350.00 — something like that — after deduct- 

 ing the outfit of the vessels. It is in the account. I think there was 

 $350.00 given to him. The account will shew it— 1886. 



" Q. Do you recollect how much it cost to outfit those vessels ? — A. The 

 charter? No; I cannot tell without going to the books. I have never 

 looked into these things; never paid any attention. 



" Q. You treated the vessels as Warren's that year, too? — A. I don't 

 know whether they were his or not. They could not have been his, 

 because they were in the hands of the receiver. I was virtually owner 

 of them. They could not take mortgages from me, but this man was 

 appointed assignee, and I thought it better to charter the vessels than 

 have them sold. At that time a schooner was worth nothing. 



" Q. Was that what you agreed to do — carry his property? — A. No; 

 I didn't, 



" Q. Never? — A. No, never; not to carry his schooners. Why, those 

 schooners were mortgaged to me for $12,000.00, put up at auction, and 

 could not get $2,500.00 bid on them. 



"Court. Not on the whole thing, do you mean?" 



"A. No, sir; not in 1886. The sealing business had gone down to 

 nothing. That is the first year they went into the Behring Sea. I think 

 I offered them in 1885 — yes, 1885 — but could get nothing for them." 



The same witness, still in cross-examination, says, on page 26 of the 

 record, as to the loss of the schooner Bustler, the insurance on her, and 

 Warren's manner of making accounts, that: 



Joseph Boscowitz (cross-examination) : 



U Q. As a matter of fact, you did not get the insurance on that ac- 

 count? — A. Not at all. Capt. Warren wrote to me in a letter that he 

 had swelled it all he could, because he thought the underwriters would 

 not pay it; but the cargo was insured for 1,000 pounds. You have no 

 trouble about getting it. There are the bills there. Nineteen hundred 

 was for store account. He made it as large as he could." 



And on page 27 this question and answer: 



"Q. You got all the insurance? — A. The cargo is credited to the seal- 

 ing account and the hull is credited direct. I held the mortgage for 

 $1,500.00 on the hull, and he got the benefit of $1,000.00. 



"Q. You say that Capt. Warren swelled this account? — A. Yes; I 

 have got the letter to shew it. 



"Q. Do you recollect the time the Barbara Boscowitz fell off the 

 ways ? — A. Yes ; to my sorrow. 



"Q. Do you recollect the directions you gave him? — A. Yes; I told 

 him to abandon her. The underwriters told him that. 



"Q. Do you recollect telling him to swell this account? — A. Not to 

 my knowledge. He swelled it to $12,000.00 and only got $6,000.00. It 

 was for his own protection if I did. I knew that he could not get 

 more than half of bis insurance." 



