THE "PICTURESQUE ATLAS" CASES.

Otago Daily Times, Issue 8863, 22 July 1890, Page 3

THE "PICTURESQUE ATLAS" CASES.

A number of cates were Bet down for hearing at the Resident Magistrate's Court yesterday. In which the plaintiffs were William King Bowermsn and JudaU Philip Bowerman, publishers, of Wellington, trading as Bowerman Brothers, and the defendants certain settlers on the Peninsula, who were proceeded against for the recovery of sums alleged to be duo on promissory notes given by defendants to plaintiffs in connection with the " Picturesque Atlas of Australasia." The first case takenwas that of EOWKRMJLS V. COWAX, in which the defendaut.was sued for £3 93. Sir Hobert Stout appeared lor tho plaintiffs, and Mr Fraser for the defendant. The first witness called was J. P. Bowerman, who said he was one of tho firm of Bowerman Brothers, publisher!, Wellington. He got ft promissory note from the defendant, who signed it in his presence. The note had not been paid up. When It was presented at the bank it was returned to him dishonoured. Cross-examined: Witness hid been carrying on business in Wellington for two or three years. Before that ho was in Australia, where ho was engaged selling books for the Picturesque Atla9 Company. Mr Fraser asked what was witness' connection with that comDany. Sir Bobert Stout desired to know what that had to do with the question. Surely it was not relevant. I Mr Fraser replied that he was going to prove no consideration and fraud. Sir Robert Stout maintained that the question was not relevant. Tha simple question was whether tho defendant signed the promissory note. Mr Fraser persisted that it was s> question of n» consideration and fraud. It was merely hla statement j but he did not make a statement that be was not prepared to support by evidence. Sir Kobert Stou-, asked his Worship to say whether 16 was likely that any possible arrangement that took placo bsfore the bill was slgued could be relevaut. Mr Fraser said he might point ont that since his Worship had been upon tho bench he had never tried a case of such pecuniary importance as tho present one, as it Involved a matter of £15,000 or £20,000. Sir Kobert Stout: I was not aware of it. Mr Fraser: You are aware of it. Mr Carew: You almost frighten me.—(Laughter.) Mr Fraser proceeded to say that he was there that day on tha authority of Sir Hobert Stout, he having advised that the claims should not be paid. Sir Hobert Stout denied that that was so. Mr Fraser said if Sir Eobert had not forgotten, he would never have been in court that day. Sir Robert Stout rejoined that Mr Fca36r was stating what was absolutely untrue, aud it was not the first time he had done so. Mr Fraser said ho would challenge his learned friend to say that he was stating a deliberate untruth. Sir Robert Stout: So you are. Mr Fraser would warn his learned friend that prcbabl? his command of vituperative language was greater than Sir Robert's, and hlßOwn Belf-command was less. Ho would therefore keep himself under control. Sir Hobert Stout: Can a man's connection with a Picturesque Ailas Compauy two years before tho bill was signed have any connection with the case ? Mr Carew: It may have. Mr Fraser: It is a question of fraud. It is a fraud from top to bottom. He proceeded to ask the witness what his connection with the Picturesque Atlas Company was. Witness replied that he was engaged for them Belling books. Ho was not a member of thecompany, which was a limited company. He could not state how many shareholders there were in the company. He was not a shareholder. Mr Fr.'ißt-r: Had you any interest In the company ? Witness: Ido not know what you mean by that question. I had an Interest in its solvenoy aud in its carrying on the business. Mr Fraser: Had you suy share in the pecuniary operations of this company f Witness replied that he had not. He was a paid servnnt of the company, and had no other interest in It at all. He was paid both by salary and on commis.ion. Mr Fraser: Did you eond down an agent named Metailf to this colony ? Witness replied in the afiJrmatlve. He did not send Metcnif down here for tho Pictureiquo Atlas Company, but to canvass for himself. When he sent the agent here his (witness') connection had ceassd with the Picturesque Atlas Company. To Mr Carew: Witness sent Metealf down here before the " Atlas " was completed. To Mr Frsser: Metealf came here in January 1833 to canvass for Bowerman Bros. Mr Fraser: What intere3thadßowermanßros. then In engaging him f You then had terminated your connection with the company. Witness: Our former connection. Mr Fraser: You formed another connection then ? Witness: Ye 3. Mr Fraser: What was your new connection with thorn? Witness :■ We were the Hew Zealand publishers of "The Picturesque Atlas of Australasia." Hfi proceeded to say that his firm had exolnslve control for Belling the work In New Zealand. He engaged Metealf to push their interests in Hew Zealand, and provided him with the necessary forms of agreement. Sir Hobert Stout produced the form of agreement In question. Mr Fraser a>ked it the PictuTO-qua Atlas Company had any direct interest in the worKs witness' firm sold in this colony ? Witness replied that his firm bought the books from the Atlas Company; they did not manufacture them themselves. He went round delivering books binuelf. r.nd called at tha defendant's house in June 1533. On that occasion lie took with him portions of "The Picturesque Atlas of Australasia." The " Atlas " wa3 not completed at that time. He thought the fir3t number was issued in tho latter part of 188U, or in the begioning of 1837. When he called it the defendant's house he did not remember how many parts of the " Atlas" were issued, and he did not know how many parts be took with him than. He remembered thß interview with the defendant. Ho tendered him some parts of tho !• Atlas" first. Ho afterwards gave him a bound copy, as he pro.'orred to have a bound copy. He remembsred opanlng the volume that ho delivered ooutaining a picture ot Captain Cook. After he showed the defendant the picture of Captain Cook ha showed him through the rest of the volume He believed Metealf was in Hawke's Bay. Metealf had never bean committed for trial to his knowledge, nor yet had he been accused of obtaining money under faisft preronses. Mr Fraser: Has he over been accused of anything ? Witness: Bvwhom? Mr Frassr: By some person or persons. Did he ever get into trouble at all P Witness: I decline to answer that question.

Mr Carcw: Tell him what you refer to. Mr Fraser: I can't. He knows, and I don't. That is my position in tha matter.—(Laughter.) He asked witness if he got a notice from the defendant after JunelS33. Witne3B replied that defendant had never addressed nny communication to him so far as h8 was aware. IJo hid, however, seen a notice cent to someone. Mr Fraser produced the following notice from Cowan: —

" Sandymount, 27th August 1883. V To the Editor of the 'Picturesque Atlas of Aus-

tralasia.' " Sir,—Some months ago a gentleman calling himEelf Mr Medcalf or Metcjlf came to me and induced me to put my name down for a work he was canvaseing for, which work ho most distinctly affirmed was on Hew Zealand, and si.uilar iti design and get-up to the ' Picturesque Atlas of Australasia,' being issued by ths promoters of that work. Some time ago another gentleman camo round and delivered at my house n work which he declared was the one for which I had subscribed. This work turns out to be the ' Picturesque Atlaß of Australasia,' and not the work for which I signed at all, though at the time of taking delivery I did not notice this, As I have been deceived, I hereby give you notice that I refuse to take the parts left with mo or to receive any more parts of the same work; also that I demand to be refunded the money paid on the parts delivered. The parts left «ith me can be had on their being called for. As I am acting on the boot legal advice in sending this notice, I beg you to observe that I wholly repudiate the contract.—l am, &c, ■ "Koet. Cowan." Sir Robert Stout: If he said that I advised him he Is stating what is perfectly untrue. Mr Fiaser: My friend misunderstood me. I charged him with a lapse of memory in the matter. Sir Robert Stout: 'i'oere waa no lapse of memory In the matter. He proceeded to say that a man came to him, and put certain questions to him in writing, end they were answered in writing. He did not know whothev werafor. '■: Mr Fraser asked if witness had seen tha notice. Witness 'replied that he had received it fiom the Arfa* Company, he thought: Mr Fiaser; You got a whole sheaf of these notices —did you not f Witness: No. Mr Ifraser: After receiving that notice you sent uomibody else round tho Peninsula—did 3:011 not t Witness replied that he sent a man named Oronk to deliver books and collect money. Mr Eraser: You could have brought!Mr Metcalf down here—could you not ? Witness replied that he could if be had thought it necessary. There were only two persons in the firm of Bowerman Brothers.

This concluded the rase for the plaintiff. Mr Ff dßer, in opening the oaßa for the defence, said the present case was one of a series of test caEeß brought up by Bowerman against settlers on the Penineula, some nice or ten of whom he represented, but he thought there were altogether some 60 or 70 eettlera down there in the same plight as the present defendants. All these cases were caßes of peculiar hardship for this reason: The defendants weie almost all eimple settlers, who had been, bb ha nhonld show, deceived in connection with this particular work. How he submitted In a case of this kind—in fact, in nil ca«es brought before the court— he was well within Ms rights if, on questions of fact, be asked his Worship to draw the nime deductions that a jury would draw were they sitting in his place. Ho had, in short, f.he right to ask his WorBhip to take a wide and_ liberal view of the facts in a case of tills kind for this eimple remon: that he apprehended that the court would ba extremely loth to in any way allow itself to be improperly made the means of oppression. And if he could satiety his Worship that the court was practically asked to lend it ß assistance to what was.an impudent fraud,he took it that the court would not do so—that was to Bay, if he could show any other way out of the difflc'ilty. It was quite possible to imagine a caso in whish the court had no option. In thla case the court, hsd an option-, nhd-bs would ask th« court to exercise it. It appeared from the rtnferaent made by the plaintiff that they were the publishers in this colony for the Atlas Company; they bought from the company and sold again to the settlers. He desired as far as possible to avoid using strong language in a case of thia kind, became it did not help the case, but he assured the court he should be able to prove, and prove conolußlyely, that a more barefaced attempt at a swindle than the present case never came before the court. He would willingly acquit Bowerman Btob. of any guilt in the mitter if he could, but as they Jmowiogly came in, as he presumed, and reaped the benefit of their agents' fraud, he must place them in the same category as their agents. He did not know whether his Worship was aware of the moans operanii of these book agents. He, however, had had personal experience of their ways, and In tho other colonies they had grown such an evil that they were beginning to legislate with regard to them. He tnought also it wa?extremely likely that they would have to adopt florae similar legislation iv this colony. It was Sea in New South Wales that when these book neents had a transaction with a person there should bs a witness in the neighbourhood, and a witness to any signature. In this ooloDy nobody waa generally nresentbut tho canvasser, who was supposed to be a responsible man, and bis Ti a ° 3 t 6 1 ™ nd ]J e e^^1 a d^ e t f^ before his^Worsh'p gave his deoision he should hew the others, as' they would enßple him to get a thorough grasp of the position and satisfy himself as to the"tru?facts, In the present canes the fact, were almost identical. The man Metcalf, who wai an advance agent for Bowerman Bros., cime round and told the defendants that he was canvass ing for a work that he cilled the " Picturesque Atlas," brought out i A,,.tr»H« They were told that the No, 3 work 11£ m beTin ISoTI4 parts; that it would romioutoncein threa months; and would cost 5s fOSi e ra°Eooer? bStout snbmitted that that was no rue to argue that. The promissory note arose out of the agreement. Ihe agreement was a fraud, and bo w«a thn promissory note. ■ ' Sir Kobert Stout: He signed the oontraot. MrFraser: My client never signed that contract. Practically he did not know what he signed. He croceeded to say that after some penußolon Metcdf fndScedOowantoßUboorlbetotljeMewZw^QWprJj.

Then Mr Cowrm was aaked to sign two papers. On of these was to all lntentßandpurposesabfank paper, for this reason: It was the Invariable practice of Mr Metealf to oover up every scrap of writing on it, and presented for signature what was practically a blank sheet. That was bow the agreement was obtained. Mr Cowan heard no more about the matter until Mr Bowerman went round and delivered the book. He first produced some parts of what Mr Cowan took to be a " Picturesque Atlas of New Zealand." Mrs Cowan said that before all tho numbers were delivered tho others would be in rags and not worth binding. Mr Bowerman then said he had got a bound copy and would take part payment for itand a promissory note for the balance. He opened the book and showed Captain Cook's likeness; then shut it upngain. In the meantime Mr Cowan had gone out. He was called back to sign a promissory note. He afterwards discovered thac he had been tricked— that the work he had been supplied with was notthe work he had agreed to take. That case was not a ilngular one. A publio meeting mi held at the Peninsula to oonrtder tho matter, and It was resolved to obtain counsel's opinion on the situatiou through Mr Duthle, and counsel advised Sir Robert Stout: You are stating what you have no right to state. „ Mr Fraser went on to Bay that the next step Mr Cowan took'was to send notice to the Atlas Company -he did not know Bowerman Brothers in connection with tho matter-ttating how be had been deceived. Tho next stage wa3 that Mr Cronk came round, and he was told by Mr Cowan how he had been deceived, and Mr Cronk did not seem to leave any more copies In tho district. The next thing waa that Mr Cowan waa summoned to appear at that crart for the aiiount of a promissory note. Now he (counsel) would submit that aa a matter of law Messrs Bowerman Bros, were responsible for the fraud of any of their agents as they had taken the benefit of the contract. He proceeded to cite a number of cases bearing on the present one, and then called evidence for tho defence. Hobert Cowan, dairy farmer, residing at the Peninsula, stated that he remembered Mcealf. He came to his house in April 1883. and told him he was employed by a company to get some subscribers for a work that was to be brought out. Mr Fraser: Did he say what the work was ? Witness replied that bo said It was to be a New Zealand Pioturcsque Atlas, and the price woul§,be 5s a number. Witness asked how many numberathere would be, and Metealf replied 12 or 14. Witness said, after some conversation with Metealf, that he would sign for the Atlas on the condition that the statements were fulfilled for the New Zealand work. Mr Carew: Did he BHbmit to you any other work P Witness: He Bpoke about ho other work to me. Mr Oarew: How came you to say that you would sign fora New Zealand work if he had only Bpoken about a New Zealand work ? Witness: He spoke about no other work than a New Zealand work to ma at that time. He showed me a copy of an Australian work after tho converMr Fraser: What did he 6ay about that ? Witness : I looked at it, aud I said I had no interest whatever in the Australian work. He said he merely carried the copy of that work to show what like the New Zealand work would be when it came out. He had a book with the subscribers' names in it of the New Zealand work. Mr Fraser: What sort of book was that ? Witness: Something like a copybook. Mr Fraaer: Did you sign that ? Witnesa: I signed that, nnd just as I was done signing it he Bhowed mo a Braall book like a chequebook, so far aB I remember, and by the time I had ono signed he put the other before me and said, "Please Bign this too." He showed me a blank leaf. Ho had his hand upon the book. There was no writing or print on it that I could see. Mr Clarew: I suppose if there had been print upon it you would have seen it T Witness: Yes; I would, have seen it. If there was print it waj concealed from my view. I could see nothing but a blank leaf. Mr Fraser aßked witnesa if he signed the agreement which he produced. Witness: No, I never saw that. Mr Catew: Can you say if that Is your writing ? Witness: That is my signature. Mr Carew: Is that what you call a blank leaf ? Witness: Yes. Mr Carew: Was there any print there ? Witness: If there %vas it was concealed from my view. I saw no conditions whatever. Mr Fraser: You saw no print at all t Witness: Neither print or writing. Mr Fra=er asked his Worship if he had ever seen an indelible ink pencil. Mr Carew replied In the negative. Mr Fraser observed if he had Buch a pencil he could produce half a dozen copies of one signature. Sir Hobert Stout: You had better say nothing about that. Mr Carew (to witnesß): Do you mean to say that you signed the bottom of a blank sheet of paper? Witness: I Bay so. There was nothing but a blank leaf th it I could see. Mr Fraser: Are you euro that you signed It in ink? Witness: I think 60, but lam not positive. It ia to long since that it may have escaped my memory. Mr Fraser asked if Sir Robert Stout had a list of subscribers. . Sir Hobert Stout produced a list, and stated that the witness signed one like it. Mr Fraser Baid he wanted to get an indelible ink pencil, ao that the witness could sign his name with

Mr Carew asked the witness If he signed two documents with the same ink or pencil ? Witness replied that he thought so. Whatever he signed tho one document with ha signed tho other. Mr Carew said he was perfectly satisfied that the witness maant that he signed the writing on the document produced. Mr Kraser: That ho wrote it there ? Mr Carew: That is what he meant. Mr Fraser: It is po'eiblo to take two or three copies from an indelible ink pencil. Wituess: If I signed it with ink it was black ink'; If with his pencil, then that is my writing. The court then adjourned till 2 o'clock.

On resuming after the luncheon adjournment, witness, examined by Mr Eraser, said he had seen Mr Bowerman before that day; he thought ifc was on the 30th Juae 1888. At that date Bjwerman came to witness' house, but did not tell' his imme. He showed witness a paper, on which there was a signature, and asked him if it was hie. He replied that it wa3, aud Bowerman then gave him a book, and afterwards taid that next time witness would have to take three numbers to bring him up to the publication. Witness'wife remarked that by the time all the 12 quarterly parts of the hook were out they would be so well used that they, would iiot be worth binding. Mr Bov/erman then pulled out a bound volume and said he would leiva it. Mrs Cowan eaid she had not the money for it then, and Boworman replied that he did not want the money. He said that if they took that volume it would bo 15s cheaper to them in the end. Witness then went out to milk the cows, but had not been out mora than two or three minutes when his wife called him back, saying that Bowerman had not done with him yet. Witness went iuto the houße, and Bowerman opened the book aud showed him a picture of Captain Cook. Ho did not go through the book and show several pictures, but only the one page, with the picture. Afterwards Bowerman gr.ye witness a promissory note for £3 to sign, the remaining 30s making up the price of the book' having been paid by witness' wife. (Promissory note produced, and witness identified his signature.) Witnes3 signed the note and Boworman then went away. Wltnessanlshedhißworkatthebjre.andwhen hecamaback to the house he looked at the volume, and wan surprised to find that it was not the work he had agreed to take at ail, and ene that hud never been offered to him, but an Australian work. He told his wife to lay it by ns it was the wrong book. He tried tp find Bowerman, but could not, aud ho afterwards learned that there wero a great number of subscribers In the Bomo position as himself. They agreed to hold a meeting, and Mr Duthle. the chapman, was authorised to consult Sir Robert Stout. ' ! Sir Eobert Stout said he knew nothing about the matter. Mr Carew: Who paid the costs ? Witness Jreplied that the meeting subscribed the costs. Sir Eobert Stout: I have never received one penny of the money. After another passage at arms between Sir Eobert Stout and Mr Fraser, Witness went on to say that he Eent a letter to the company. He believed others on the Peninsula sent vimilar letters. An old maa—witness did not know his name-aftarwards oame round on behalf of the oompany, stating that he was authorised by the company to call on the subscribers to sea if they would continue taking the booUs, and also to tike any money if they would give it to him. Witness told the man that if the company gave him the proper work and took back the Australian book he would continue to be a subscriber to the Now Zealand work, but if not he would act on the legal advice that had been obtained. The next feature was. that witness got a summons from Bowerman Bros.

By Sir Robert Stout 1 Shortly after wltneaß signed the promissory note he recsived a letter from the firm telling him when tho note wa« due and informing him of the bank into which it was to be paid. Witness never went to the bank for the address of the fjrui. The bound volume witness received was similar to the one produced, and !t was lying on the table, but witness did not see that on the cover was printed "Picturesque Atlas of Australasia." He saw Cook's picture, but did not see that on the opposite leaf was written "Atlas of Australasia." Bowermau did not show him two maps—oue of |few South Wales and one of Victoria; ho saw Captain Cook and that was all. That samp night he discovered that a mistake had been madn, but he did not inquire at once for Bowerman. It waß not till close on two months afterwards that he began his inquiries by writing the letter previously mentioned to the company. He did not usually sign a thing without knowing what it wa«, but in this ease he thought it was a blank ahcet of paper on which he was putting hiß name, and that Bowerman had a reason of his own for wißhing the signature. When witness Bpoke to Metcalf he! saw a book, and in it was a picture of Captain Cook, and in the bound volume he got from Bowerman there was also a similar picture. Witne'B did not believe that the book be had agreed to take from Metcalf "was the same as he got from Bowerman, although the same picture waa in both of them, and both had the same name on the outside. He did not understand that the " Ploturesque Atlas of Australasia " dealt with Hew Zealand as well as Australia. Mrs Cowan also gave evidence. W. O. Duthie was next called. Sir Hobert Stout mentioned that his clerk had informed him that the sum of 10s Cd had been paid into his office on account of certain quories he had advised upon. Mr Duthie: Thank you, Sir Eohert. In answer to Mr Fraser, witness said he was postmaster at Highclift when a large number of notices were Bpnt out. He cou!d not say who se-it them out. He was chaltman of 'the pubiio meeting, and he afterwards consulted a solicitor on the matter and acted on his advice. Witness, in answer to Sir Robert Stout, said he put certain questions to him (Sir K. Stout) to answer, Out he did not mention ths name of Mr Cowan or anyone elie in the matter. He simply 6tsted that a number of subscribers had held a meeting, and considering they had been grievously taken in in the matter, they wanted to know what position they were in. F

Bit Robert Stout, in addressing theeourt, said that no one would dispute the law on the question. If a misrepresentation was made there were two remedies open: the contract might be rescinded if it had not been performed, or the pereon might sue for damages. In a oase whero fraud was charged, the onus of proof, of course, lay on the person who made the charge, and the strongest kind of evidence wai requisite to support it. He would just draw his Worship's attention to the fact that his friend pledged himself to show the relevancy of asking questions of the relationship between Bowerman and Co. and another firm more than two yearß sgo. and as yet hi 3 evidence on that point was not forthcoming. As far as fraud was concerned, the oharge was ridiculous and abßurd. His Worship reserved judgment in the case. EOWEBJtAN V. WM BOBHRTSOIf, Jim, Claim, £3 10s on a promissory note. Sir Robert Stout appeared for plaintiffs, and Mr Fraser for defendant, who resides on the Peninsula. J. P. Bowerman, one of the plaintiff s, said that defendant signed a promissory note in favour of waV ness' firm that had not yet been paid. By Mr Fraser: After that transaction witness saw defendant In Princes street, Dunedin. He wanted witness to take back the " Atlas of Australasia " and give him another volume in which the subject of Hew Zealand was treated. Witness declined to dq anything of the kind. He did pot Ml witness he had been talieu in by a man named Metcalf. Witness was not aware that at this time their agent, Metcalf, had been selling a work on New Zealand and not on Australia. Three or fourdays after defendant signed the note, Donaldson, of the Peninsula, did not, as far as witness remembered, come after him and tell him that defendant wanted to see him. Witness got his promissory note afterwards, and It was dishonoured, being returned from the bank marked " Signature irregular," Witness, had never

been In the courts of New South Wales In casei similar to this one. He had no connection with a mail named Keirle, of tha A.M.P. Buildings, Dunedln, and had never heard of him. To Sir Robert Stout: Defendant paid £1 cash for the bound volume, for which, witness thought, he got a receipt. This olosed plaintiffs' oase. William Robertson, examined by Mr Fraßer, taid that a gentleman travelling for the " Picturesque Atlas" Company of Australasia called at his house some tlmo bro. saylßg that since they had heard that Sir Julius Vogel had fulled togetout abook of this kind they had decided to take up the work, as they could do it much cheaper than anyone else, bb they had plant, machinery, and artists in Australia, besides which they knew the place, and that the subscribers here could have it at a cheaper rate than Sir Julius Vogel'B company could sell theirs. The agent exhibited specimens of what the workmannhip would be, and went on to Bay that it would do good to New Zealand as the " Picturesque Atlas" had done good to Australia by induolng capital to flow Into it from Home, so that It waa now in the height of prosperity. Witness agreed to become a subscriber, thinking that auch a book might do good to New Zealand. The agent said the book would be brought out in quarterly numberß at 5a each, and that the probable cost of the lot would be £310s or £3. He then pulled out a book and asked witness to sign his name on a leaf, the greater part of which he (the agent) covered, leaving only sufficient room for the ilgnature, He showed views of Dunedin—Burns' monument, Knox Church, the University, and other places, saying they would all bo In the Atlas, and there were also some views of Christchurch Bhown. WltncßS thought he said that Captain Cook's would be the first picture in the New Zealand ■work. After witness signed tho first ferm, on which he believed there was some printing, theagent said there was another paper be wished witness to sign, as he was going to scud it to the publishers to let them see how they were getting on with the sale of the work, and the other signed paper they would keep themselves. Tho second pieco of paper witness signed waa also partially covered. A general conversation between the agent and witness followed, but the former never once mentioned that he wanted to sell the " Picturesque Atlas »f Australasia": he Bald it dealt with New Zealand. About four or five months afterwards Mr' Bowerman called on witness, saying he had brought the "Picturesque Atlas," to which witneas had tubscribed. He Bhowed him n paper, but held it in Buch a way that witneßS could only sco one part of it, askiDg " Is that your Dlgnature ?" Witness replied that he thought it was. He remarked that the work was out Booner than he expected, aud Bowerman said thr.t the plant and everything was in order, and they had got on very well and quicker than they thought at first they would. He gave witness four parts, and when witness said that by the time he had all the parts many of them might be badly used, Eowerman said he might have a bound copy at once, and pulled it out, saying he would get it 15s less than if he took the partß. Witness took tho bound volume. He had not brought it In with him. 16 was not like the one produced, inasmuch as thera was no name on the cover. When Bowerraan showed witness the book he opened it at the picture of Captain Cook, and then ran smartly over the leaves, but never stopping at any one page. He wanted witness to pay another pound on tho work, but witness would not, and he then wanted him to pay 10s more, but witness had made up his ruind that he would not do bo, and signed n promissory note for £310s. Bowerman then left, and the next morning witness looked at the book and found it was tho wrong one. He sent a message to Donaldson, with whom Bowerman waa staying, that he (witness) wished to see him. It was not. till a few days afterwards that he met flowerman in Dunedin, when he asked him about the matter, and said he would take the New Zealand work, but not the Australian one. Bowerman did not seem disposed to speak about the matter, and when witness called to a friend to be a witnesa to Bowerman's refusal to take back the work he moved away and would not speak to him. Witness afterwards spoke to him alouo. Bowerman then told witness he had given a promissory note and that he would be liable for It. Witnesß did not know a canvasser named Cronk, and tha next he know of the matter was when he got a summons to attend the court about the promissory By Sir Robert Stout: When witness gave the promissory note lie did not complain of the book dealing only with Australia. The book was lying on the table, but not in such a way that witness could see the name on it. If Bowerman eaid that when witness took the book he remarked that it was Australia, witness would deny that, and would also deny that Bowerman said there was another book dealing with New Zealand. His reason for asking for one dealing with New Zealand was that Metealf had told him there was such a book coming out. Thomas Robertson wa6 the next witness called. He said that he was not related to tho defendant. He was in the room when Bjwerman gave defendant a book, and the latter remarked that he did not want to have anything to do with it. as Australia did not interest him. Defendant asked if he would have to pay for any more numbers that came out, and Bowerfhan caid," No, that closes the bargain."

By Sir Kobert Stout: Witnesß was sitting by the fire all the time Bowerman waa In. Bowerman showed the picture of Captain Cook to defendant, but it was not true that he ran over the other leaves in the book; ho simply showed the pictures, then laid the book down.

William Donaldson gave evidence as to being requested to send Bowerman to call at defendant's house. He told Bowerman, but the latter did not say be would go. J. P. Bowermau, recalled by Sir Robert Stout, said that when ho got the promissory note for defendant he showed him evervpage in the book. It was his Invariable custom to'do so. Witness told him positively that the book dealt with Australia, and defendant understood exactly what was meant. At this stage the further hearing of the case was adjourned till Friday.