CIHM Microfiche Series (Monographs) ICI\AH Collection de microfiches (monographles) Canadian Institute for Historical MIcroroproductions / instltut Canadian de microreproductions historiques n: ■ lOx Technical and Bibliographic Notes / Notes techniques et bibiiographiques The Institute has attempted to obtain the best original copy available for filnr^ing. Features of this copy which may be bibliographically unique, which may alter any of the Images in the reproduction, or which may significantly change the usual method of filming are checked below. 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(~7] Additional comments / Lkll Commentaires suppl6mentaires: Pagination is unnumbered. Copy filmed through mylar. This Item Is filmed at the reduction ritio checked below/ Ce document est film* su taux de rWuetion Indiqu* cl-denoui. lOx 14x 18x 22x 26x 30x }/ 14w 1fiY 20x 24 x 28x 32x The copy filmed here has been reproduced thanks to the generosity of: Thomas Fiiher Rare Book Library, University of Toronto Library The imager> appearing here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. 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Les diagrammes suivants illustrent la mdthode. 1 2 3 1 2 3 4 5 6 MICDOCOrY RISOIUTION TIST CHART (ANSI and ISO TEST CHART No. 2) 1.0 -1^ 50 "^^ r 13.2 2.5 2.2 1^ 12.0 1.8 ^1^1^ A •APPLIED IIVHGE Inc 1633 Eait Mam SIrMt Roch«it«r. No* rot* 14609 US* (716) 483 - 0300 - FtwYB oks, «nd defired Mr. Uaj to «|rt \\wn^' leljf in proipurlng a(i able Book->kecpcr for that Furpofc, which he pniniifod to do ^ fevrr^s werA fpoke to, but (for what Reaibn 1 know noti^one could be found to take the Taflc in Hand, at lall I found one, and began the arduous Taft. Georf^i Ricbau took one Year's Books in Hand, James Skinner (my own Clerk) took another Year's, and myfelf took a third. Mr. Hay was told that this was an Affair of Confequcnte to him »s well a^ me, and roqucftcd of him to give his Attention thereto* he pretended BuUnefj, and moiJeftly propofed to me to retupD to Philadelphia^ and come back in the Winter, when he would be at Leilure to give his Attention : 1 his modeft Requeft was not fuitable to my Inclination, and a» hf found hknfelf a Man of iiich Confoqueace, I deflred that his Clerk, James '''oddy ihould attend, which was cracious(,v granted, and has been prefent the moft confidcrable Part of the Time we cpntinucd at Worii, which was between Six and Seven Weeks On Sunday Night, the Second Inftant, 1 pafled the Evening at the Houfe of Mr. John Ory^- Merchant of this City -, the Keys of my Room in which the Books and Papen lay, which was reif Bed-room, in my Servant's Pocket-, I came Home and went to Bedi the next Morning Geofft- Aichan and James Skinner came into my Room in Order to go to Work, when they anoniflicd rte by telling me all the Books and Papers, put into our Hands by Mr. Hay, were conveyed away, as alfo a Set ported up by myfelf, and a Set polled up by George Richm out of George Toung's Books. I BEING then in Bed, got up and drefled myfelf, went to Mr. i/qy's Room, aflcod hinn, " What could induce him to commit fuch an unprecedented Adtion, and requeftjod hiro i^t to " cxppfe hjmfelf, but return the Books:" He told me, " he was not in a Condition to belTpolu: " with, arid refuled to grant my Requeft." I THEREAFTER applied to John Mori/on, Efqi my Counfellor, and told him the Particulars of what happened, and requeiled of him to apply to Mr. Hay, and tell him I was ready to refer the Aflfiiir to Six or Seven itoneft Men, his own Fellow-Citiaens : This was agjoeed to by both Parties, the Gentlemen's Names mentioned, and the Bon^s of Arbitration wrote, agreeable in all Refpcds to Mr. Hay's own Defire : We met at h^ Houfe io Order to hsive. them ugued, and when it came to the Pufh he abfolutely refufed to comply. ^ GILBERT BARKLY. QUEBEC. BE it remembered. That oh the Eighteenth Day «/ September, in the Fourth Tear oftbt Reign of our Sovereign Lord King GEORGE the Third, Annoqj Domini, One Thou/and Seven Hundred and Sixty-four, Before Me, WILLIAM GREGORY, Efquire, Chief-JuStiee of the Province ef QvzBEc, perfonally came and appeared Gilbert Barkly of Philadelplua, Merchant, now in Quebec, and made Oath on the Holy Evangelists, That all and every Part efvibat is con- tained in the foregoing fVriting, intitled, " A Reprefentation to the Publick, of AiFairs between " Gilbert Barkly oi Philadelphia, vaA John Hayoii^eiec," is juSi and true. And further this Deponent faith not. Sworn before Me, William Gregory, Ch: yuf: THIS Day pcrfonaUy appeared before Me, WILLIAM GREGORY, Efquire, Chicf- Juftice of the Provmcc of Sjtebec, tlw following Perfons, George Richan and Janus Skinner, who folemnly, fincerely and truly declare. That there was in the Bed-room of Gilbert Barkly, Merchant Oi Philadelphia, who lodged in the Houfe of John. Hay, Merchant in this City, the fbltowing Books, viz. A Wafte-boSc, Journal and Ledger, carried on in the Name of Btrkfy iS Hay, called by John Htrf his principal Books, and a Set keep'd at the Brew-houfe of this Place, a Set keep d at a Store in the Lower-Town by George Toung, a Set keep'd at Three Rivert by Brown aijd Sanguinet, and after their Peparture froth faid Place, a Set keep'd by George Richan, as likewife a Set keep'd at the Brew-houfe in Montreal, a Set keep'd by George Toung while he managed Bufinefs there, as alfo Accompts of Sales rendered by Francis Knipe and George Toung, together with an Invoice-book of Importation and Exportation, keq>'d by J«bn H^, m the Name of Barkly and Hay. We alfo had in our PofieiTion, in faid Bed-room o{ Gilbert Barkfy, three Wafte-books and two Ledgers, which laft mentioned Set of Books we difcovered, by many convincing Circumftances, ^«*« I\V*- K ^ * - Wb RB160,735 i We the faid Dqx)nent$ do hereby further declare, That each of us took one of the real Warte- books in Order to form a iuft Set of Books therefrom, and Gilbert Barkly took the other Wafte- book for the fame Purpofc ; and by comparing the Waftr-books firft given in to Gilbtrt Btrkly with the real Walte-books, we found them diHVr in Articles and Prices : Tlie Wallc-books of the Sets called the principal Books, being confiderably in the Sales of Goods lower than the Prices the fame Goods fold by the Wafte-books and r-al Tranfaftions, which the Books themfclves w ill teftify, and which to us fcemcd a defigned Fraud \ fonje Bills of Exchange bought by JehH Hay at a lower Excliange than what they were charged Gitbiri Barkly when remitted to him, which ap- rrars by the firft Books delivered him, whichlie calls his principal Books, and many convincing roofs of Fraud which at that Time appeared clear to us, and which we now cannot recolcdt. DuRiNo the Courfe of our porting from the faid Wafte-books, fome Entrys appeared dark to us-, Gilbert Barkly, in Order to clear up the fame, earneftly requefted of John Hay (in our Prefence) that he the faid John Hay would give his Attendance to the pofting of the Books, as it was a Matter of Confequcncc to both, which John Hay declined by pretending Bufinefs. Soon after, James Todd (Clerk to the faid John Hay) came to aftift us, and continued the moft confiderable Part of the Time we were at Work, which was between Six and Seven Weeks j but your Deponents finding that they had no occafionfor the faid James Todd'^i Affiftancc, acquainted Gilbert Barkly thereof, which was anfwcred by him, " That it was not for his AtTiftance that he " requefted "his Prefence with us, but only that he might be a Witnefs of the Juftice done to the " (aid Jobn Hay in pofting up the faid Books." On Sunday Evening, being the 2d Inrtant, we Jocked the Room, leaving all the Books and Papers there, James Skinner, one of your Deponents, delivered the Key Siercof to John Rofs, Servant to the faid Gilbert Barkly, and next Morning, being the 3d Inftant, we went to faid Room in Order to go to Work, and not finding the Books and Papers in the Place where we left them, we afked the faid Gilbert Barkly if he knew where they were, to which he replied, " are they " not there?" We anfwered him, " they are not," upon which he immediately got out of Bed, and faid, " this is what I fufpefteid," and after drefting himfelf went out of the Room. Upon a further Search, we likewife found that a Set of Books ported by Gilbert Barkly, as alfo a Set ported by George Richan out of George Toung'i Books, were alfo miffing. George Richan, Sworn before Me, this 1 %tb. James Skinner, Dfy c/Septeniber, 1764, WILLIAM GREGORY, Ch: Juf: PERSONALLY appeared before Me, WILLIAM GREGORY, Efquirc, Chief-Jufticc of the Province ot ^ebec, John Rofs, who folemnly, fincerely and truly declares. That he received tht Key of Gilbert Barkly's Bed-room (in which he faw many Books and Papers lying) from James Skinner, on Sunday Evening the 2d Inftant, and that no Perfon demanded the Key of him, nor had any Accefs by his Permiffion till Gilbert Barkly came Home in Order to go to Bed, which was about Ten or Eleven o'Clock at Night. • John Ross. Sworn before Me, this litb Day 0/ September, 1764, WILLIAM GREGORY, Ch: Juf: * -