1 London on behalf of Captain Mcand my solicitor was served with 'A statement of defence was put in ler to this produced. I have contract for the aalo of When I made my defence in Poplara""
Id and the the plaintiff, and I at ho purchaser was Me. B ofence is dated the 10th July, 1884; but it was drawn up about May. I had no reason to believe in May that Bejamin ion to fulfil the contract I find that it was on the 24th January, 1884, that I loft Shanghai for England, and not on the 19th as I previously stated. by the Crown Advocate, the witness said—I did not read the power of attorney given by the plaintiff to Mr. Tamicson when Loaw it at the Consulal If Capt. McQueen had wished to with reference to business matters after I returned to Shanghai Inst November he could always have e during the next two months, I never spoke one word to Capt, McQu on money matters my lifo. Ido no! pt. McQ in lying altogether out of t 5,000. T think he hea security for i him Tls. 6,000 odd.
The Court th adjourned till morning (Friday 6th mat,) at 10 o'clock, Oth Fel Wintiam Brack Jasresox, examin by the Crown Advoo: said—I am a Britich subject, and a share-broker and Commission-agent of Shanghai. L have boon doing business for the plaintiff since out 1875, I arranged loans from the plaintiff to: the defendant. in 1876, for given by the pi 1879. I arranged it and drow it up. That mortgage was for several auune previo lout, arranged those previo collected the interest from di plaintiff from the time the lo made, and I continued to collect it up to the and of 1883, and I also made s payment in Jun, 1884. I- then held Bradtield's power of attorney, and I made w payment of an item of interest on his behalf, I did ct for McQueen after the end of 1883 ject made in June was interest on balance of Tie, 6,00) udd which 1 uuderstood to be duo then on the security of the Foplars." Isigued the receipts for the interest on behalf of Captain BicQueen, from the beginning, up to the end of 1883. Captain McQueen left for England about the end of April, 1870, I think, and he then gave me a power of attorney (produced.) I think I have never read that ower ut attorney. During Captain Blejueen's absence I received from him the letters produced.
The Grown Advocate read a number of extracts from these letters, Witness—On 28th Apri 1879, Bradfield borrowed from McQueen is. 1,00. Ly him that, McQueen had just left Shanghai then, I reported that to McQueen on the 19th June, On the 4th February, 1880, 1 wrote a letter to Gaptain McQueen. (Letier read.) That letter contains a correct statement of the arrangement I made with Bradfield as to the substitution of Hongkong Fire shares for th dant, I drafted the memorandum of the deposit of the shares, dated the 9th February, 1830, Tgot an anewer from McQueen to my letter of the 4th February. (Letter produced, dated 26th March, 1880.) In March, 1881, the Hongkong Fires were sold, and' I got fifty China Fires in exchange. t held those fifty shares for McQueen, to secure fondant. money, obtaining it by discounting a pro-misery note on the Agra Bank, She bill of sale given as security for that is, 12,000 was made out in favour of McQueen. I paid off the promissory note to the Agen Bank by my "mn cheque on the Hongkong Bunk. "I passed the Tis, 12,000 to Mc-Q debit in February, 1882, In 881, Bradfield went home and appointed' mo his attorney. I received dated July 7th, 1882, from ing "I hope soon you will get rid of horrid BS. D. so a8 soon DHL of sala." L aleo received thie letter y By 'BS." understood
23ed January, 1883. By Hondershar" in that can apply to—t money was advanced to him to purchase share. I received that letter id L wrote this letter, 1883, to Bradfield, rea L-rotor to there as Hongkong Fi McQueen's loan, and fifty b these were suld about that time, and realised altogether is. 24,394. I could not aay whether the time fur the repayment of the loan to McQueen on the marty had expired.
Mr. Watsewnicur—It expired February, 1882.
Wituees (looking at the mortgage: Yes; it had expired. mentioned for the expiry of th the bill of sals. I wrote this letter to Bradfield, dated Sept. 23: d, 1883, saying that I ought to have sent him a statement of his affairs long ago, I sent him thi memorandum of accounts, dated 30th Sept. It shows is. 31,000 0% the debit side, and x balance against Bradfield of Tis.' 10,575 on general account. That eludes the loans that have been men-joned. Tuat was not an account really was merely a rough memorandum, It was not quite correct; it was corrected subsequently by another account. Brad-field came back to Shanghai about November, 1883.
The Crows Apvocatz—Did you send him that account Mr. Warnzwatou7—It is not an account. The witness keeps saying it is not not. Ivis only a rough memorandum. It conaiistake of Tls. 12,000 to begin with e Crows Apvecare—A clerical error 12,000, and ko of is. 5,00.
es3—L omi cluding the item of is. 12,000, the loan on the bill and there is " mistake about the divide besides Subsequontly I sent Bradfield a corrected account showing a balance of 'Tis, 6,599 a, him, and some unsettled accounts. Before 1 rendered that account Lreceived the note from Bradfield, dated Deo. 24th, 1883, produced, about' taking the Lill of sula out of Court; and I wrote the letter produced stating that [had been too busy to go to the Consulate the day before. 1 then considered that Bradfield was entitled lo have the bill of out of Court. He had proviou to me about taking the bill of Court, L rendered to Bradfield th produced, dated January, 1884. 'Ili day of the mouth on it.' It was despatol avent the 4th or Sth January, It shows general balance of affairs at that: date bot" een Bradfield and MeQueo!
It shows a balance against Brad!
7,853.20. That account account of the lonns made by McQueen to Bradfield, Tt includes them all, and shows the interest on them all to have been brid up to Bist Dec. 1883. When that account was Bradfield did not owe me or nything more then the balance ting ae agent for McQueen. There was no special arrangement ber worn Bradfivld and me for the payment of that balance. He me is. 1,000 on count, and he had sold the " Poplara" for De, 6,000, which sale, if it had beau car. ried through, would Kaye almost squared his account. I should have put the matter through and received the mousy put it to his credit to clear up arrangement for the lars" fell through.
is the ch I got from Bradfel Robert MeQueen, by objection, When the money can the China Fire sh paid it i own account in the bank, At that time do not think I had sullicient money to pay off what Bradfield owed to McQueen, did not make up the accounts If I had n up at that ti of Bradtield, I could have paid off McQueen Chine Fires, Court then adjourned for tiffin, On the hearing being resumed in the afternoon, Winutast Boack Jaszsox, further ex: amined by the Crown Advocnte, anid—lE McQueen had at that time, when the Ohina Fire shares were sold, called upon me to pay over to him the money I had received for him from Bradfield in re loans, Lshould have hi 1 could have pi over at the time I made up the account on the 30th Tu January, 1884, I was shut pon by the Hongkong' Bank. My. Acawing upon the Bank waa not atopped till Tanuary, 1884, and could have paid it over up to that rime, When I got the proceeds of the China Fire shares I placed it to my accountatthe Hongkong Bank. 12k not apply it to any purpose, except that I had an overdrawn account at the bank, and placing this money to my account reduced t! overdraft, Icould have drawn that money
Text read from the printed page and cleaned; old type leaves the occasional error.