30(8 OWNERSHIP OF CERTAIN SEALING VESSELS. 



"Court. To the sealing account at once or to him in the first in- 

 stance? — A. Lcharged it to him, and then it went back to the sealing 

 account again. 



"Mr. Bel yea. I think you stated the day before yesterday that what- 

 ever the arrangement was in 1881, as to the carrying on of this sealing 

 business, was carried right through? — A. I think so — never but one. 



"Q. Will you state what that was? — A. He was to have half profits. 



"Q. Anything else? — A. I was to stand all the losses. 



"Q. Anything else? — A. No, nothing else; there is nothing else to 

 be said." 



On the point of ownership of the schooners Boskowitz testified, in 

 cross-examination, as follows, commencing on page 47 of the record: 



"Q. You held mortgages on these schooners, then? — A. 1 did. 



" Q. In the fall of 1886 you sold those schooners under the mort- 

 gages? — A. I think so. 



" Q. Did you realize any cash from the sales? — A. No. 



"Q. Not a cent?— A. No. 



" Q. Did you expect to realize when you sold them? — A. In 1886? 

 I did not want to sell them — Capt. Warren did not want them sold — 

 simply a transfer to himself — to his brother-in-law. I do not know that 

 there were any bidders for it. I don't recollect that sale very much. 



" Q. You sold under the mortgage? — A. Yes; I think so. 



" Q. You did not realize any cash? — A. No. 



"Q. You simply turned round and took other mortgages from A. 



From Cooper at Capt. Warren's request. 



" Q. How did Capt. Warren get control of them, then? — A. He was 

 only manager. 



"Q. For whom? — A. For Cooper. 



" Q. As manager for Cooper, hehad control of the vessels? — A. Capt. 

 Warren — he had control of them — did as he liked with them; he was 

 the owner — the virtual owner. 



"Q. Subject to your mortgages? — A. Yes. 



" Q. And the next year they were put into the sealing business? — A. 

 Yes." 



J. D. Warren assigned to J. W. Griffiths, and the schooners were 

 afterward nominally sold to T. H. Cooper, as has been stated. On page 

 68 of the record J. D. Warren testified as to the business arrangement 

 with Boscowitz, as follows : 



J. D. Warren, direct: 



" During the sealing season of 1885 did you and Mr. Boscowitz carry 

 on the sealing business? — A. In 1885 we did. 



" On what terms? — A. The same as usual. 



"Court. That is what you both say — what were the terms? — A. I 

 was to put in the schooners, Mr. Boscowitz was to put in the cash 

 against the schooners, buy seals, and go into the sealing business on 

 joint account. 



" Q. He was to put in cash against the schooners? — A. He was to 

 put in all the cash necessary. I was to put in the schooners. One was 

 against the other. We was to go into the business. 



" Mr. Belyea. Now, when you came into the sealing season of 1886, 

 had you the vessels in your control? 



A. No. 



"Q. Who had the vessels?— A. J. W. Griffiths. 



"Q. What were the arrangements between you and Mr. Boscowitz 

 about the vessels for 1886 ?— A, Well, in the first place, Mr. Boscowitz, 





