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R E P R E S E NT A T I O N
TO T ME
P U B L I C K,
Of Affairs between GILBERT BARKLY of PA/-
ladelphia, and JOHN HAY of Hjiebec.
IN June or July 1762, Mr. Hay, at the particular Dcfire of Gilkri Barkly, Srought with him to
Philadelphia^ to be laid before him, a State of their Affairs in Canada, after I'crulal of
which, a Settlement of Accompts was made, and figned by both Parties, and a mutual
Obligation executed before Witnefles pafled between them ; wherein Gilbtrt Barkly refervci
the Revifal of the'u- Affairs in Canada to himfef, as tl.c immediate Settlement was only from a
fliort Abftraft brought by Mr. Hay from the Books, and not latisfai^ory to the faid Gilbert Barkly.
Mr. Hay by this Writing was impowered to difpofe of the Goods on Hand in Canada, at publick
Vendue, in the Space of fix Months after the Date of the Obligation, if not fold before at private
Sale, in Order to enable him to remit Gilbert Barkly a certain Sum of Money ; and in End,
Gilbert Barkly obliges himfelf to pay the faid John Hay Two Hundred and Forty Pounds i^ebec
Currency, for his Share of Profits gained at Louijburr, which Mr. Hay agreed (hould be in full
of all Demands, and that the fame (hould be dedufted out of a larger Sum due 10 Gilbert Barkly
by the faid John Hay, " in Confidcration whereof Mr. Hay refigns, in Favour of the faid Gilbert
" Barkly, all Pretenhon he had to any Part of the Goods, Debts, Effeifts and Profits gained at
" Louijbourg."
After which Mr. Hay proceeds to Quebec, and when tde Six Months he was limitted to in
the aforefaid Obligation was expired, he went from ^ebec to Montreal, Iclls off at Vendue all
the Stock of Goods belonging to the Company on Hand at that Place, the principal Part of which
bought by his own Agents for his private Accompt, and no Intelligence thereof given by him to
Gilbert Barkly: In the fame Manner the Brew-houfe, Diftillery, and Stock of Goods on Hand at
^ebec, were fold off, with the utmoft Diligence, at Vendue, and the principal Articles bought
by his own Agents for his private Accompt, and in whofe Poffeffion to this Day the Diftillery
and Brcw-houfcs at i^ebec and Montreal continue, out of which Subjefts a very inconfidcrablc
Sum was remittted Gilbert Barkly, though many Letters were fent, and James Skinner (my own
Clerk) fent as an Exprefs to acquaint Mr. Hay of my being in the g^eateft Need and Want of
Money.
In Ol?ober 1763, the Vendue Accompts were remitted by him to Gilbert Barkly, and with
them a ftated Accompt Current, dated the I'wenty-fixth of the fame Month, figned by Mr. Hay,
and in which Accompt one Article at Gilbert Barkly's Debit ftands as follows, viz. " To John
" Hay's Share of Profits gained at I.oui/lourg, as agreed, to be paid him per a mutual Obligation,
" figned at Philadelphia the 25th of Oiioier, 1 762, T\vD Hundred and Forty Pounds."
The impartial World is defired to judge, after perufmg this Narrative, and what has been
done in Confequence of this Writing paffed between them at Philadelphia, what Right Mr. Hay
has for defiring it Ihould be cancelled, or from what Motive his Counfel advifes him to demand it.
Iv Confequence of thejuft Ri^ht Gilbert Barkly had of perufing the Books kept at this Place
in Name of Barkly £jf Hay, he arrived ar ^ebec the 2 2d Day oijune laft, and a tew Days there-
after demanded the Books : Mr. Hay delivered him a Set ot Books keeped by himfelf, which he
called his principal Books, a Set of Books keeped at the Brew-houfe in ^ebec, and others keeped
at a Store in the Lower-Town by George Toung; hcalfo delivered Books keep'd at the Three-
Riven, by Brown and Sanguinet, and a Set after they left that Place keep'd by George Richan,
as alfo Books keep'd at the Bre whoufe in Montreal, and a Set keep'd by George Toung while he manag-
ed Affairs at that Place, and Accompt? of Sales rendered by Mr. Knipe, George Toung, Sic. Gilbert
Barkly, with all the Attention he was lifter of, continued to revife what was called the princi-
pal Books, and found by many concurnngCircumftances that they were Books made out on Purpoic
to ainufc and defraud him of his real Intereft and Property : He went to Mr. Hay ar^d told him he
muft not dare to put upon hirn in that Manner, and demanded the real Books, which with fome
Hefitation Mr. Hay delivered to him.
After
After whitl* Cilhtrt Barkly compared the Sales of GooiLs in the real Wafte-bookj, with thofe
in the Waftc-book given him at his Arrival, and was allonifhed to And wide Strides taken to
defraud him •, he told Mr. Hay of this, and delired he fhould compare the Books with him,
v/hich was done for two Days, and fuch glaring Attempts found our, that it was reckoned nc-
t:eflajry to poft up regular Book^ from the real Waile-b<>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 ^
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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:
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