Loss of ten months' salary on the'China Times" at $200 a month, Capital invested by the plai said New Press " newspaper, $3,000.00.
Total outstanding liabilities incurred by the partnership of the plaintiff and defendant to A.M.A. Evans, $8,208.25.
Less half the same, being the amount for which the defendant is liable as contribution, $4,104.14.
Paid to Kelly and Walsh on account of debts incurred on account of the said "New Press," $530.00 Liabilities to other creditors in respect of the same, $300.00.
Less half the same, being the amount for which the defendant is liable as contribution, $150.00 The net Total of the shove amount is $9,804.14.
'THE PLAINTIFF THEREFORE PRaYs Mr. Duncan that he could not continue 1.—That the defendant be ordered to the work as he had pressing business in pay to him the sum of 9,804.14 aforesaid. the north. It was then that Mr. Duncan 2.—The costs of this suit. urged him to stay, as the business would The Answer of Chesney Duncan, the Show @ profit if properly worked. Mr. above named Defendant, to the Petition Evans came in first after the New Year. Of the above named Plaiatif. He had been soon by the plaintiff at the The Defendant says that:—request of Mr. Duncan. While ho (plain-admits Paragraph 2 and denies tift) did work as a matter of friendship, Paragraph 1 of the Plaintiff's Petition he had no business relations with the pro-subject. and was on each occasion referred back save and except that he is a British Prictor. He saw Mr. Evans several times, 2—He does not admit Paragraphs 3 0 Mr. Duncan. Mr. Evans said he had and 8 of the said Petition. no knowledge of it, and plaintiff could seo 3-He denies Paragraphs '4,5,6 and 7 the books or Mr.' Duncan. On the 4th of the said Petition. January the plaintiff and Mr. Duncan took 4—If the Plaintiff has suffered tho|0® the paper jointly. The plaintiff damage as claimed in the said Petition or doubted the statement that the business any of it through acting upon any false or "ould pay. Ho told Mr. Duncan that ho Slides representations made by any per- thought it was wretchedly misconducted, son (which the Defendant does not admit), and that the advertising revenue appeared Such representations were not made by te be unsound. From the literary aspect Defendant nor by anyone acting by his of the paper hoe did not think it could Pom or upon his behalf or with his have circulation sufficient to make it knowledge. Mr. Duncan then told him that the '5.—Before entering into the partner- come from circulation, from advertise-ship referred to in Paragraph 6 of the ments, and from job printing did nearly, Petition the Plaintiff had every opport- but not quite, meet expenses, so that with Unity of examining the books and accounts capable work it could be turned into a Uitte said business of the "Shanghai profitable concern. Ho gave the plaintiff Daily Press" and of obtaining all neces- figures as to this. The subscribers, he Ray information from the owner of the] said, were between 300 and 400, and that SH} newspaper and from the accountant the advertisements were all good. Plain-look-keeper of the same, and the plain- tiff challenged the soundness of several Git aid in fact examine the books of the advertisements, and was informed that ness and made enquiries from the they were sound. There was one adver-said poate keeper and knew well the finan- fisement of Tattersall's lottery, which and general condition of the business had been dropped out of all the other of the said newspaper. papers. Mr. Duncan told him that this Wherefore the defendant prays:—advertisement had been paid for three [—That the above suit may be dis-] months further. Mr. Duncan bad said missed with costs. that the business would pay, and had "that the defendant may have such given him figures to prove it, and on the further or other relief as shall to the strength of his assurances the plaintiff Court seem fit accepted these statements. In March the His Lordship—I have read your peti- plaintiff obtained the services of a comtion Mr. Cowen, and if you have any potent accountant to overhaul the books. tridence to produce you must produce it After a time he found out that subscribers now. disclaimed payment, and that advertise-
in apport of your ease you must begin stopping subscriptions, but these _sub-Pont pit you can give evidence he found out, had been sent to the office aintif—I have no evidence. ment accounts were rejected. Letters,
with it. scribers were not written off. 'The plain 'The plaintift—All_ transactions were tiff then ascertained that instead of the between' myself and Mr. Duncan. That number of subscribers bein between 300 isin my own statement. and 400, i¢ was about 200. The newspaper His Tortchip-Mr. Brushfctd, are you hen gat into serious diieulties, but the going, to call the plaintiff to give OPT sat. Tu July, or the last eek 4 beady ive evid- Plaintiff managed to raise funds and kee Mfr. Brushficld—No, I do not propose June, Mr. Duncan went away. to call him. The plaintiff made a statement which His Lordship—Of course, Mr. Cowen, Mr. Brushfield objected to on the ground you can go into the box and give evidence that the plaintiff was there to show that about the matter, and Mr. Brushficld will the representations made to him by Mr. be able to cross-examine you on your evid- Duncan were fraudulent, and that he ence. "Have you any evidence to call in could touch upon no other point.
Court?. His Lordship—We have a petition here "The plaintiff—I have none in Court. The making particular charges of fraud, and book-keeper who kept the records is away you must keep your evidence to these from Shanghai now. His evidence would particular charges. What happened have been material, if I had been able to afterwards in June, when Mr. Duncan call for it. He made all the arrange- went away, has nothing to do with them. ments. 4 What you have to prove now is that these His Lordship—I have to decide on the statements were false, and that he knew matter on the evidence now produced in them to be false.
Court. You can either simply state all In reply to his Lordship, the plaintiti sou know, and then, if Mr. Brushfield said that ho put 3,000 dollars into thinks fit, he can call you to give evid- business at various times, but be we: ence on oath and cross-examine your on it. have to get the bank books to aseestain The plaintiff—I an in the hands of the exactly when.
Court. His Lordship—In what month do yelt His Lordship think you had better think it was? go into the witness box. The plaintiff—I think, October.
The plaintiff stated that all the nego- did apply to the bank for a statement tiations mentioned in the petition were giving dates of these things. and they sail carried on between himself and Mr. Dum- they could not give mo them because at Gu. He did not desire to be conuceted the time I applied Thad no counectio Sith the paper at all. He only began the with the " New Press." work at the urgent request of Mr. Dun- His Lordship—You want to show that tan. There was no one to look after the these statements were false, and that ho office, and he did the work for a few days knew them to be false. purely as a matter of friendship. About The plaintiff—As manager ho ought to Fie 20th or 30th of December he informd know, it was his business to know, and he
Text read from the printed page and cleaned; old type leaves the occasional error.