WARREN VS. BOSCOWITZ ET AL. 309 



when I made the assignment he wanted — he said there wasn't any 

 reason why the business should not be carried on in Mrs. Warren's 

 name and under his instructions, and get a set of books for them parties, 

 but he changed his mind afterwards. We talked it over, and he said 

 he had come to the conclusion he would carry it on in his own name — 

 it would be safer. Therefore then we started in 1886 we chartered the 

 vessels from Griffiths with the understanding it was to be on joiirt ac- 

 count, the same as usual, and he had the thing and business done in his 

 own name, and had a set of books, and instructed Munro, who went 

 and got a set of books and started them for Mr. Boscowitz. I went 

 sealing that season, and Mr. Boscowitz stayed here and attended to the 

 business." 



Then, as to the manner in which the accounts were made up and pre- 

 sented at Ottawa, the same witness testified as follows, commencing on 

 page 72 of the record : 



" Q. When the claims were made up this season in 1886 and 1887 who 

 made the first claims up; under whose direction and where were they 

 made up ? — A. The claims in 1886 was made up here — the Thornton ; 

 I am under the impression it was drawn from Drake and Jackson's; I 

 would not be positive — I fancy so — and then sent by Mr. Boscowitz to 

 [through ?] Mr. Hamley to Ottawa. 



"Q. (Court.) It is not so much a question by whose hand it was 

 made — whose particular clerk, but by whose instructions? — A. Mr. 

 Boscowitz and myself; we joined together in making up these things 

 and also we used to have Munro, I don't know whether we did in 1886 

 or not. I am pretty sure we must have. 



"Q. What was done? — A. As near as I remember, Mr. Boscowitz 

 gave them to Mr. Hamley to send to Ottawa. 



"Q. Then the statements he made, you took them, and sent them, 

 and kept a copy? — A. At any rate, I took the rough copy in 1887; the 

 others was already sent to Ottawa. I took the rough copy with me 

 down to New York, and Mr. Boscowitz's brother introduced me to a 

 lawyer, and he made type- written copies, and those are the copies. 

 They were sent back; those were taken from the rough sketches that I 

 took, that was prepared by myself and Mr. Boscowitz; and Mr. Munro, 

 I believe, he put them in shape for me; but the rough copies never was 

 returned to me, and these were sent to me afterwards, but not used." 



(No exceptions taken to their being correct copies.) 



" Q. In 1887, when there were other claims to be made up, were they 

 treated in the same way ? — A. They were treated in the same way. 



"Q. The original claim was prepared here and sent to Ottawa 

 through Mr. Hamley? — A. Through Mr. Hamley, I believe; I don't 

 think I had anything to do with giving them to Mr. Hamley. 



"Q. Yourself went to Ottawa in the fall of 1887?— A. Yes. 



"Q. At whose instigation and why did you go? — A. Well, partly 

 my own. We counselled together, myself and Mr. Boscowitz, and 

 several other parties that had their vessels seized, and it was agreed 

 between all of us that I should give any information there that they 

 should require at Ottawa. We did not expect to have make the claims 

 over there when I left, but it was to give them any additional informa- 

 tion they might require. 



" Q. To give the department of marine and fisheries any information 

 they required? — A. To go over them and put them in different shape 

 — different style. The Hon. Mr. Foster was the party I had the deal- 

 ings with. 



