I IN THE SUPERIOR COURT. No. 222. S. SEYMOUR, Plaintiff. vs. THOS. McGEEEVY, Defendant. Testimony of Mr. Frederick Andreios, given March ijtk and 14th rSjy. EXAMlNIilD BY MR. H. ALLEYN, Q. C, PLAINTIFF'S ATTORNEY. I am one of the Attorneys of Record in this cause, acting on behalf of the Defendant. I was also his Attorney in the suit which was lately pending before this Court, between the Plaintiff and the Defendant, wherein the Plaintiff sued the Defendant for the recovery of five thousand dollars, being the first instalment mentioned in the letter of Agreement signed by the Defendant on the 18th of August 1875, addressed to the Plaintiff, and which forms the basis of the present action. Judgment was rendered against the Defendant in that case ; and it is now in Appeal. Question. — Will you please state if tlid Plea in said suit was prepared pursuant to instructioL.o received from the Defendant ? 2 TESTIMONY OF FREDERICK ANDREWS. The witness objects to give any evidence as to any in- structions received by him from his client) in that case, or the present case. I was present in Court on Saturday List, when the Def^ild^njtjafti^'^red Vi^(^^ik;^\4rji^p : jak^ V^^ '^Pl copy of a letter written by me to him on the 17th of last March. It is a true copy of inv letter. , ^^ ^, Question. — "Will-^-pu.p^(^as^ sttite if there^was, at the time, of the preparing of a Plea to tlj^ first action above men- tioned, any qi^estic^ b^tw^e^l^§i|!!^e^^f^ii^t and you, with respect to the filing of a Plea of bribery, as practised by him, McG-reevy, and the present Plaintifi", at the time of thejsigning.oi the .letter X)f Ag-reem'ent o|! t^e ijqionth ,of\ ■ August aforesaid ? .,. ,^ ^Xv ,^ y,,. ^^ .;.^>^. ,^ "Witness objects to give evidence as to any conversation which took place between him7'aiTd his client, in reference to tl;i(3 ,Plea put in, in that or any other case^i i v > . ( . y. /: i' i y. :i Objection maintaii^ed by Mr. Justice Garon.,, , ■oiii\',ii ,',<-j.u:o r-.ldi m L'i(>')'.\H 10 a^c./ciollii. 'uD lo '.t,,]ijpj3Jii two diff rent ocoasions, stilted this c;x:tremerdissat^8fap^ion you can." And the irapiessiou. raised in n;i,y; mind >vas, 'jJjxiriiif <■■ 'I'^vo ;li'.i:L jou i;!)' /.ifili ■■■.•f->-, i:(v:. si, 1 •■ •\o'\;'.',\i\. that my in^truotionsi were.to.put m the plea in the teims m which I did. , ^^ . ^ • , , , ; I)'ri'jJ)if'' r ifi'trn L'bnl. '>flt lo !(o;t'));1;5itr'.>*i'.iJ> lo nonrv-'.'nq'/.'j •oifo^f^? ,??>r^PP?;i^^.^\!iSW rVr?f>Teeu, ttie^^,][|^fe»dauif,a^a[,flf^p w^s after, or a^ouj,- th^r tiine of,the dtjmaiwl of pleia m^.^ij^e present suit ; and it arose out of a con,Yep^atiQU hetween us having reference to the plea, and the judgment in the ^Ht fe^'sti'.'^ ^m'^ ' 'mf^appfe'lielisibh' was ' in consequence 'ijf^th^'dissa^isfactibh' expressed oy tne toefehdanla's lo tlie '§fi9^ih feiitf :^e'hiI>i4^tMfe^ fijuifpo^ei aa»cu.liioited intsaid! Elea •? T - .-^ '^'^5y.uK -n'ilftist^e»i.t-^He'«aixi' worthing i&r^'i on thi^ Bltbjedt'tilatt. ^hat J have already f6itaibdd'j>tfoat' is, to put fchfe .P4f*^^iiiif^«fe strong terms as I cmJtddrttfiW.f'xf bnoU rrr^vrnur) odi x<^ ^>^'iM 9riC!l<(^/(*'o»»rrBidii*e,tU«ift»itokfe;=u^fbf the TVord bribe,'' as ^nft^e4f\«ijbtii^hii)P(lali);lj}f][">,«aa4) tJy,tiianeafltiQJ^)i88J qttftsL tion? V ioo'lio iijilj oi afriov/ 'fo ; ecf/uf xi ..o .HiiitLIT: yrll 4 TESTIMONY OF FREDERICK ANDREWS Answer. — T have already answered that he used no other words in reference to the Plea, than that I should put it in as strong terms as I could use. Question. — During the whole time of the conversation, did the Defendant state that the letter above mentioned was a bribe to the Plaintiff, or any words to that effect ? Answer. — The conversation did not last over a minute,^ and as I have twice stated, it consisted entirely in his expression of dissatisfaction of the Judgment rendered ; and in his directions to me to put in the Plea in as strong terms as I could; adding, he would like to see the Plea before it was filed. Question. — Had you, from any conversation which you had previously had with the Defendant, reason to suppose that when he used the words ; " put in a plea in as strong terms as you can, " he, the Defendant, meant that you should have fyled a plea to this action, such as you have done? Ansioer. — I certainly would not have put in the plea, if I had not so understood the matter of the conversation. Question. — Will you please state what the Defendant had previously said to you, to justify you in coming to the above conclusion ? Answer. — I cannot state any one word or expression, in reference to either of the Pleas, made use of by the Defen- dant to me, I can only sp3ak of the impression left on iny mind by the conversations between us. Question. — Did the Defendant ever state to you, that the letter in question in this cause, had been given by him to the Plaintiff, as a bribe ; or words to that effect ? TESTIMONY OF FREDERICK ANDREWS. 5 Answer. — I cannot state whether he did or not, such was the impression left on my mind. Question. — Did the Defendant ever state to you that the letter in question was given by him to the Plaintiff in order that he, the Plaintiff, should favor the Defendant ; ' and not exact from him a strict performance of his, the Defendant's Contract to build the North Shore Railway ; or words to that effect ? Answer. — I have no recollection of the Defendant stating anything of the sort to mo. The statement and instructions which he gave in reference to the first Plea, were given to my son, as I understood from my son. Question. — Did McGrreevy ever state to you, that Seymour had given no consideration for his said letter of August, 1875 ? The witness objects to answer this question ; or to communicate any statement made to him by his client, in reference to this, or the former case ; and objection main- tained by Mr. Justice Caron. Question. — Was the letter written by you on the iTth of February last, written and composed, by you alone ? Ansioer. — Yes it was. Question. — Is the statement contained in said letter, namely, " that in the first cause you objected to putting in a plea in the hrnguage used in the second, " true ? Ansiuer. — I do not know whether it be true or not. — I made the statement upon the information which had been given to me by my son. Question. — Were you present when McGrreevy rendered his evidence in the first case ? [ Answer. — Yes. ¥' ' ■ C.6 fl^anaMONTI • oh .'flTHajDEElOK /AN'DIl'BWS. BBvff A«; ipldo ( f ylefl i in- this • d&niw i s tiii-^nlifyi (hand-writin^l . Question. — Were you infetariioted by < tHb IDie'Cindaijti,! or (by oWYtPffP i?WPprt^g,tf>,^Qt!fq?iJi^im,(to .fUer^a^d Vim. Uj ; tii9ftit; ii['iiii'ir/;F. 'i(PI .'.lu ot ,rro;^ Mill Jo yifiiijvri/i of any facts to justifv the allegaiion ^of bribery contained in th) said plea ? ' ^wsi^er.— I was in possession of no facts except sucn ^s lo 'I'ljj')! hic.K «jr[ ;i(j1 ii-oi]';i"!)i:-.iii. '; c (:•'>■/" I Ml :ii/(i(ir/;j'1 were communicated, either to mv son or mvself, by the _. „ , , , . , , , . ^ V ot^l .'iHi^.j/l Deieudant, as his Icffal advisers. • ' ot lo : noM.-.m) .jJl [■LV/r^iif; .ol„ .-laoiijo 8>^'jiiJfY/; oxlT Qwesfiori.— C/utside ot any information or instructions ni,,lJfi"f''* '"'I 7*1 iiitn ol '>lii;rCi Iti 'iiiMti;!:- 'm: •'!, •,r(ni(i.'nipv which you may have received fropa your client m this •liihiil 4i(iiJ'i'>i. -N.U Anszoer. — Wo. ^ - ^ oiiol; HOY Y*^ boaoqxifoo bru; i;');IHt// ,i>^(;[ Y'l/irrrdo'iT Question. — Have you any reason to suppose that the. De- fendantls. brother, Robert H. McGtreevy,, wa§ aware ofihe nature of the Plea in this cause, , at, .the time it was fyled ? Answer. — Nqne whatever, , t ji • r Question. — Is it not true that you hav($ no reason to leve that the allegation ..of bribery contained ;in said 4ii»0(.! .Ljiil ihiibn iioiijjuio'iui -jilJ inj(iii ;ii';ii. ,.i. • ! ' < \ Plea IS true ? . Answer. — I have no reason to believe tnai^lhe allegaiiofl bpUoliitOl V.VO.-J'iiJoj.f'l ivAlll Jif'J<-;'i ;(l iiOV Ui-, ,1 — .UU)\-^°V,9 of bribery is true. , , . V 08JJ0 ta-iil Oil) ;ir ooiiybivo aixi