Plaintiff claimed $09, as compensation for defamation of character, as expressed in a letter written by defendant to Captain Bisbee, Harbour Master, as follows A.M. Bisbee, Eat,
Mr. Joh Gallagher to remainr here any longer. te lias Digan Sig, L am tory to inform you T cannot allow committed himself several times and I have expostulated site it to no effect. Last week he was drank red himself, and I told him he would have dri would not do'so again, Edi so, but told hins it would begged of te to allow han to stay and he Ire the las two Leonid lok over i ow ne isa a agai and not only doug tad hiaslf, tat Teading otters, quite young men, fo follow his example.
iam sorry. to do this, but it, will not do te have drunken int in an Establishment Be this, who insult the other boarders, Tam, Dear Sir, Yours respectfully, His Hoyour, having read the letter, asked plaintiff if the statements in it as to his coniff—Not at all. I was never drunk nor made avy disturbance in the Temperance Hall, previous to the date of the letter. I went there on the 13th July, and paid own expenses until the 18th, after whic date Captain Bisbee guaranteed payment for my board and lodging at the Hall, in order to give me an opportunity of getting employmeut,—Plaintif then commenced. & string of irrelevant detaile, His Hoxour asked what had all that to do with the case? The letter was certainly a reflection upon plaintiffs character, for which defendant was responsible if it was not true, unless he could show that his duty as manager of such an establishment fairly required him to write it, Plaintid in reply tg further questions said mate, was a seaman, and bad sailed as atcond Defendant, on being asked, admitted having written the letter.
Plaintiff was then sworn, and deposed—I was boarding at the Temperance Hall, of which defendant is manager, From the 13th to the 18th July, I was there at my own expense. From the 18tb July to 4th August, Captain Bisbee guaranteed riy expenses was given to understand that defendant had written to Captain Bisbee about me, and on the Sth August I spoke to him on the subject. He gave me no satisfactory answer, and had me removed from the Hall, and 20 lost me the chance of getting situation. I then went to the Consulate, and reported myself as having been turned out of tite Hall, and-eaid that as wan destitute they must take care of me. I saw Captain Bisbee on the 7th. I am now living at the Sailors' Home, Captain Bubeo is paying for me His Hoxovn—Then what have you lost? You say you lost the chance of getting a situation, "How could that be? You were being kept in one place, and now you are being kept in another and have the same opportunity.
aintifi—I did not know then that I was going to the Sailors' Home, and when I was turned out of the Temperance Hall on the Sth instant, I was destitute and had nowhere to go.
li Hoxour asked plaintiff where he slept night of the 5th Plaintiff replied—I was permitted bj fendant to stay in the Temperance Hall t 1 paid for my supper there that night.
again on Sunday night and slept there, Laving nowhere to go. I paid nothing for the accommodation on either of the two nights. On Monday morning, the 7th, I went today Bisbee, and asked hin to ive me fendant wrote to Lim, and he gav to me. On that day also, ed to place me in the Salle nil I have been staying there ever deny that T was drunk oF bel afore the letter week in July would have to write to Captain Bisbee. He said I was an annoyance to others, and that I must leave, ati?
His Hoxour—Had you been drinking at Plaintiff—On the 3rd August, I had two glasses of brandy—not in the "Temperance Hall, but outside. I was not drank, of the affair, said had good, reason for Defendant, on being asked for his version
telling Gallagher to leave the Temperance Hall, or I should not have done so, He caused annoyance at the table, by arguing with the China boys, and telling them they could not peak Chinese correctly.
His Hoxour—But you assert ho was drunk, and you will have to prove it, or show that your position ae manager compelled you to write it, Defendant—Plaintiff admitted he had been ing, when I told him he would have to leave, His Hoxovr—You had better go into the witness box.
Defendant was then sworn, and deposed—Livery day Icould see that plaintiff was the worse for liquor, His conversation with other people told me so, and people could smell that he had been drinking. When were talking, he " would go and put oar in,"
Text read from the printed page and cleaned; old type leaves the occasional error.