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32X

[For Private Circulation.]

OUTRAGE

UFIN A

CANADIAN MERCHANT.

Statement of the Case, submitted for the information
of the business men of Canada.

CANADA

PUBLIC ARCHIVES
ARCHIVES PUBLIQUES

b2^y

OUTRAGE UPON A CANADIAN MERCHANT.

!
f

Statement of the Case, submitted for the information
of the business men of Canada.

On the 29th December, 1868, Mr. James Turner, of
the firm of James Turner & Co., of Hamilton,
Canada, was arrested in Liverpool, at the instance
of Messrs. Robert Crooks & Co., and upon the affi-
davit of Mr. Robert Crooks. The following facts and
correspondence relating to this arrest are published
for the information of Mr. Turner's fellow-merchante
in Canada :- -

The dispute between Messrs. James Turner &
Co., of Hamilton, Ont., and Messrs Robert Crooks
& Co., arose out of a contract for liquorice-paste,
entered into by the latter on the part of the former
with Mr. Anestassi Seferiadl, merchant, of Smyrna,
for the delivery of from 1200 to 1500 cases liquorine-
paste, to be delivered " during the month of February
" next, 100 to 120 cases of liquorice-paste, and then
" commence in April to deliver to them 100 to 120
" cases per month, and will finish the entire delivery
" by the 31st December, 1868."

During the month of July a dispute arose as to
the deliveries, which led to a correspondence, several

B 2

letters passing between the two firms, and finally an
end was put to the correspondence by a private
letter from Mr. Robert Crooks, of the 3rd October,
suggesting a reference of the matter to Mr. Edward
Adams, of London, Ont., and a reply from Mr. James
Turner accepting the reference should it be necessary,
but suggesting that the dispute would probably be
settled by a personal interview, which could be had
when he came to England in December, as he pro-
posed doing. These letters are more particularly
referred to in subsequent papers.

"When Mr. Turner arrived in England he called
at the office of the Messrs. Crooks & Co., but it being
late in the evening the office was closed ; and press-
ing business requiring his presence in Glasgow, he
proceeded to that city. From this point it is well to
let the correspondence speak for itself : —

Memorandum.

" From RoBT. Crooks & Co., 5, Molyneux Places Liverpool,
To Messrs. Turner & Rowatt, 48, St. Etioch's Square,
Glasgow.

"Dear Sirs, " 19th Decemljer, 1868.

" In a note that we have received from Messrs. James
Turner & Co., dated Hamilton, C. W., 30th ult., they men-
tioned that their senior was to sail on 5th inst. from New
York for Glasgow, and purposed seeing us here as soon
as possible. Would you kindly tell him, as soon as he
arrives, that Mr. Booth, who manages specially our grocery
department, is about to start on a business trip for us to
Canada, and aims at sailing, if practicable, by steamer of the
31st inst. As it is very important that they go into pending
matters together, we write to suggest that it would be well

for Mr. James Turner to come here without delay, and he
could easily return to Glasgow, and attend to his duties, &c.,
then at leisure. Your acknowledgment of this will oblige,

" Yours faithfully.

(Signed)

" ROBT. CROOKS & Co."

To this memorandum Mr. James Turner replied

as follows : —

"iS, St. Knocii's Square, Glasgow,
2 1st December, 1868.

" To Messrs. Robt. Crooks & Co., Liverpool.

" Gentlemen,

"I have been handed your memorandum to Messrs.
Turner & Rowatt, of 19th, and will endeavour to make it
convenient to visit Liverpool on Monday, 28th inst., although
I would very much prefer not doing so till Ist January, 1869.

" There is an error still unrectified in invoice : figs, 8th
May, 71Z. IBs. Qd., instead of 71/. 8s. Qd., and the 5 drums

caustic soda consigned by remained unsold when I left,

as all our soap-boilers were so full of stock that I could not
persuade them to take even one or two drums for trial.

" As to grievances which I claim to be put right, there is
the carbonate of soda, per 'Betsy'; loss of liquorice-paste by
leakage, as per memorandum rendered ; and charges for
insurance and storage on 300 cases from date of arrival in
New York until such time as we accept same, should we con-
sent to do so.

" If it will answer purpose that I should delay luy visit
as proposed, let mo know at once ; otherwise there is no use
of writing me.

« I am,

" Yours truly,

(Signed)

"JAMES TURNER.

" P.S. — I did not land from steamer till 6.30 on Saturday,
so your office was closed when 1 got up to Water Street."

/^v

To this Messrs. Crooks & Co. replied as follows : —

" To James Turner, Esq., Messrs. Turner & Rowatt,

Glasffow.
" Dear Sir,

" We have your favour of the 21st, and are glad to
see you have arrived safely.

" The contents of your letter are noted, and we shall have
pleasure in referring to them in detail wlien you pay us
promised visit.

" The writer (G. Booth) purposes leaving by the ' Mora-
vian' on Slst inst., so your coming on Monday next will
oblige.

" Yours faithfully,

(Signed)

" ROBT. CROOKS & CO."

" 48, St. Enoch's Square, Glaboow,
26th December, 1868.

•* To Messrs. Robt. Crooks & Co., Liverjpod.

" Gentlemen,

" I am in receipt of your favour of the 22nd, and
intend to leave this for Liverpool on Tuesday morning by
9.45 train, so will arrive in Lime Street at 5.15. So please
meet me at Queen's Hotel, or send me word there where I
will find you.

" I am, yours truly,

(Signed) " JAMES TURNER."

Telegram.

♦' From RoBT. Crooks & Co., Liverpool, to James Turner,
Turner & Rowatt, Glasgow.

" Will rely on your coming to our oflBce as soon after
your arrival to-morrow as possible. Mr. Booth will wait."

ive
us

Memorandum.

" From KoBT. Ckooks & Co., 5, Mohjneux Place, to Jame8
Turner, Esq., of Hamilton, C. W.

" Queen's Hotel, Litebpool,
" Dear Sir, 29th December, 1868.

" In reply to your favour of 26th inst., we sent you
the following telegram : — * Will rely on your coming to our
office as soon after your arrival to-morrow as possible. Mr.
Booth will wait.'

" We had a communication from the telegraph company
late yesterday afternoon to the effect that your brother's
office was closed, so we send you a copy of the message,
waiting your promised visit.

" We remain, yours truly,

" EOBT. CKOOKS & CO."

That was all the correspondence which passed in
relation to the visit of Mr. Turner to Liverpool, and
it will be seen that it was conceived in an apparently
friendly spirit on both sides, and was in strict ac-
cordance with the terms of the letters of Mr. Robert
Crooks and Mr. James Turner, of the 13th October
and the 9th November respectively, already referred
to. And yet, on the very day that the last memo-
randum printed above was written — possibly before it
was written — Mr. Robert Crooks had made the fol-
lowing affidavit : —

"The Queen's Bench.

" I, Kobert Crooks, of 5, Molyneux Place, Liverpool, in
the county of Lancaster, Merchant and Commission Agent,
make oath and say as follows : —

" Ist. James Turner is justly and truly indebted to me
in the sum of Three thousand four hundred and ninety-seven

pounds one shilling and one penny, for money paid by me
for the use of said James Turner at his request, for work
done by me as the agent of and for the said James Turner
and on his retainer, and for commission and reward due me
of right, payable from him to me in respect thereof, and for
interest upon and for the forbearance at interest to the said
James Turner by me at tlie said James Turner's request, for
divers of time, of moneys due and owing to me from the said
James Turner, and which interest the said James Turner is
liable to pay to me.

*' 2nd. The said debt of Three thousand four hundred and
ninety-seven pounds one sliilling and one j^enny is owing
and now payable to me from the said James Turner.

" 3rd. The said James Turner carries on business at
Hamilton, Canada West, and has lately arrived on a visit in
Glasgow in Scotland. The said James Turner is about to
return shortly to Canada West, as I know of my own know-
ledge derived from business communications with him. The
said James Turner is, however, on his way to Liverpool from
Glasgow by rail, and has informed me that he will be in
Liverpool this afternoon about five o'clock, on a short and
passing visit, and I believe he is about immediately to leave
Liverpool for Glasgow.

" The said James Turner is, I believe, now, and since
about one o'clock this day has been, in England, on his
journey to Liverpool. The said James Turner has declined
to pay the said debt, and I believe his object in coming to
see me late at night (as he has written to say he will do) is
to enable him to leave Liverpool before I can take steps to
detain him.

'* 4th. From the facts and reasons aforesaid, I verily
believe that the said James Turner, unless he be forthwith
apprehended, is about to quit England with intent to avoid
and delay me in the recovery of the said debt, or with intent
to remain out of the jurisdiction of the Courts of Law in
England, so long that thereby 1 shall or may be delayed in
the recovery of the said debt.

(Signed) « ROBERT CROOKS."

" Sworn at Liverpool aforesaid, this Twenty-ninth day of
December, One tliousand eight hundred and sixty-eight,
before me

(Signed) "James F. Watson,

'*A Commissioner for taking Affidavits in the said Cmirt^

When Mr. Trirner reached Liverpool he proceeded
at once to tlie office of j\ressrs. Crooks and Co.
There he found Mr. Robert Crooks and Mr. Booth.
The affidavit, it will be seen, had been made, and the
sheriff's officers were in an adjoining; room. Pay-
ment in full was demanded; but as Mr. Turner had
come up expressly to settle disputes in the accounts,
with the understanding that, if not L.ble to come to a
satisiacLory arrangement, a reference to I^ir. Adams
should be made, he naturally demurred to this. The
officers were then summoned, and he was placed
under arrest.

The further proceedings are sufficiently detailed
in the correspondence and reports which follow.
But there is one point upon which it is proper that a
word should be said. People will naturally inquire
why Mr. Turner has not taken proceedings in a
court of justice to punish men who placed so great an
indignity upon him. To fully explain the reason
would involve a reference to private affairs, in which
the public can have no interest. But it may be suffi-
cient to say that, in view of these, the idea uppermost
in Mr. Turner's mind was that concealment of the
disgrace which an arrest implies was above all things
necessary, and the Messrs. Crooks & Co., taking ad-
vantage of this, secured a promise that no proceed-

. i

ings would be taken. Mr. Turner was only saved
from actiiul incarceration by the interposition of a
friend, Mr. Andrews, of the firm of Andrews, Bell,
& Co., 7, India Buildings, through Thom an arrange-
ment was made for the payment of the money, and
the actual payment of it effected.

Mr. John Hope, of Montreal, being in Liverpool,
and being acquainted with both the parties, was re-
quested to examine into all matters of dispute, and
into the justification, if any, which existed for the
proceedings taken by Messrs. Crooks against Mr.
James Turner. The following is his report, being a
letter addressed to Mr. Alexander Turner, of
Hamilton, Ont. : —

(Copy.)

"Bbighton Villa, Sidney, Dublin,
19th March, 1869.

"To A. Turner, Esq., Hamilton.

"My dear Sir,

" I promised to ^our brother that I would write you
fully in regard to the proceedings taken against him by
Mr. Crooks, after I had looked into the papers which Mr.
Crooks offered to place at my disposal, with the view of
enabling me to form an opinion on the question of your
brother's grievance.

" It appears that your arrangement with Mr. Crooks was,
that his firm should buy for you, insuring the goods from
dates of shipment, and drawing on your firm, with interest
added, at four months' date, on the first of each month, for
shipments that had been made during the previous month.

" The shipments of liquorice-paste, regarding which the
dispute originated, seem to have fallen under this general
arrangement. Under the contract for this paste, made by
Messrs. Crooks & Co.,. agents on your behalf, and confirmed

by you, there were to be delivered in February, 1868, 120
cases ; and in each month afterwards, beginning with April,
100 to 120 cases, up to and including December, when the
contract was to be completed. It appears that the deliveries
in February were in accordance with the contract, and that
thereafter, beginning in April and continuing up till the
middle of August, deliveries were made and accepted by
Messrs. Crooks & Co. on your behalf, in irregular quantities,
amounting in all to 836 cases, being 236 cases in excess of
the largest instalments permitted by the contract during
these months.

"On the 29th of August, Messrs. C. & Co. seem to
have rendered their account to date, showing a balance
of 1768?. 9s. lOd., for which they passed two drafts of
884/. 4s. lid. each; one of those drafts you owed on the
general account and accepted, but the other, which, with the
exception of about lOOl. which belonged to the general
account, was made up of invoices of the liquorice-paste, you
refused, on the ground that you had in the meantime declined
to receive that portion of the paste which had beeiHshipped
in excess of the instalments fixed by the contract, and had
informed Messrs. Crooks & Co. that you held the same for
their account and subject to their order : with this proceeding
they were much displeased. They claimed to justify their
action as in accordance with the agreement, and an unpleasant
and somewhat intemperate correspondence ensued. This
correspondence seems rather to have increased the diflSculty
than otherwise, and you finally wrote to the effect that
further correspondence would do no good ; that you declined
to move from your position, but that your senior would be
in Liverpool about the end of the year, when he would
discuss and endeavour to arrange the matter with Mr. Crooks
personally.

" In the meantime, during the progress of this correspon-
dence, the general account appears to have gone on, and at
the end of the year Messrs. '^rooks & Co. showed a balance
against you of 3497Z. lis. Id., which, however, included all
the hquorice-paste, which represented more than half the

1 1

! 1

amount. No part of this amount, nnder the arrangement
between you, was due in cash until 3rd January (four days
after your brother was arrested),

" After your brother arrived in this country he seems to
have been very busy in Glasgow with his private affairs, and
Mr. Crooks urged him to go to Liverpool, as Mr. Booth, who
had charge of this matter, was going to Canada, which he
could not do until this was arranged ; and after some delay,
which your brother claims to have been unavoidable, he at
length said he could get up to Liverpool on 30th December.
On that or previous day Mr. Crooks made the affidavit under
which your brother was arrested.

" Up to that point the facts seem to be settled by the
papers and correspondence. Mr. Crooks says, however, that
he believes Mr. Booth has letters with him in Canada which
justified his departure from the terms of the contract in
taking the deliveries cf the paste ; but even if he has, I see
nothing in all the case so far to justify any opinion of
your position in the dispute which was not consistent with
that of honourable men of business, and certainly nothing,
even if you were wrong on merits of the question, to justify
your brother's being regarded as an absconding debtor. But
as Mr. Crooks claims to be able to throw new light on the
subject after Mr. Booth's return, and has agreed to let Mr.
Edward Adams judge of it, it is perhaps unfair that I should
at all enter into this part of the subject.

" There is one point wliich I must notice in which you
have not acted as I think you ought. The first idea that
strikes me in looking at the account is that the balance in
open account is a very large one to be uncovered in any part
by acceptances. Such a state of account (contrary to agree-
ment) is apt to inconvenience e\en to rich houses, and I
think you should have offered your acceptances for the undis-
puted balance. It is true that Messrs. Crooks & Co. do not
appear to have asked for them after your refusal of their
draft made in August, but it must not be overlooked that a
portion of that draft was owing on the general account, and I
think you ought to have said to Messrs. Crooks & Co. that

you were ready to accept for all the invoices excepting
those under dispute.

" I have no objection that you should show this letter to
any of your friends with whom my opinion may carry weight,
but I do not wish to prejudge that portion of the case which
is to be taken up by Mr. Adams, and on which Mr. Crooks
claims that he has been insufficiently heard.

" With kindest regards,

" I remain,

"Yours faithfully,

(Signed)

"JOHN HOPE."

To this letter, and in explanation of the latter
part of it, Mr. Alexander Turner returned the fol-
lowing reply. It is proper to remark that the finan-
cial department of the business of Messrs. J. and A.
Turner is managed by Mr. A. Turner : —

" Hamilton, 21st April, 1869.

" To John Hope, Esq., Montreal.

"Dear Sir,

"I received your kind favour, dated Dublin, 19th
March, to which I delayed replying until I knew of your
return to Montreal. I was very much pleased to see you
had gone so thoroughly iiu » the matter, and also at your
sending me such a full report of your investigation into
merits of d:«pute between Messrs. Crooks and the firm of
which I am a m: i<iber. It is very satisfactory to have your
views after going over the letters and documents with Mr. C,
as any iu Mr. Booth's possession will not, I think, make much
difference. Mr. C. cannot at all events produce any docu-
ments that will justify in the slightest the oath he so readily
took ; however, Mr. Adams will doubtless see whatever was
wanting when you were there, and result will show j mean-

! i

time, I have sent Mr. A. copy of your letter, having shown
him original when here lately.

" The opinions you express on the diflferent points are I
think thoroughly unbiassed, and on that account the more
valuable. As regards amount unaccepted for being a very
large one, you are correct, but the writer when in Liverpool
distinctly oflfered to accept for any invoices uncovered (except
L.-paste) ,• and from fact of acceptance of one of the drafts
sent, Mr. C. was quite aware the firm had no desire to put
him to any inconvenience further than for their own protec-
tion, so I thought should have put them in a position to
accept without in any way compromising position they had
taken ; however, I grant that is a point on which there may
be a difference of opinion.

"I have availed myself of your kindly allowing me to
show letter to any one with whom your opinion would have
weight, having shown it to my partner here, Mr. John Brown,
and Mr. E. Adams, and will probably slc^w it to others as
occasion oifers.

" Thanking you for the interest you have taken in getting
at the bottom of this very unpleasant matter,

" I remain,

" Yours very sincerely,

(Signed)

"ALEX. TUKNEK."

The matter remained in this position until the
arrival of Mr. Adams in England, in May. On the
8th June, at Mr. Crooks' request, Mr. Adams called
upon that gentleman with the view of taking the
matter up where Mr. Hope had left it, Mr. Booth
having returned in the m.eantime. He was accom-
panied by Mr. Thos. White, jun., of Hamilton, and
after the interview Mr. White prepared the following
memorandum of it : —

ing shown

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and
ving

"Memorandum of interview with Mr. Crooks and Mr.
Booth in re Arrest of Mr. James Turner, of Hamilton,
on the 29th December, 1868.

" At the request of Mr. Turner I accompanied Mr. Adams,
of London, Canada West, to the office of Messrs. Crooks & Co.,
in order to learn from them the grounds upon which they
deemed it necessary to place Mr. Turner under arrest. The
interview, as I was informed, was at the instance of Mr.
Crooks himself, and was intended to justify to his friend,
Mr. Adams, the extreme and extraordinary measures he felt
himself justified in adopting. My presence was in the cha-
racter of a friend of Mr. Turner, and in some sense as a
representative of his Hamilton friends, who felt greatly
astonished and, on his statement, greatly aggrieved by the
proceedings taken against him,

" Having been introduced to Mr. Crooks by Mr. Adams,
who explained the object of his visit, Mr. C. inquired in what
capacity I was to be present at the interview, to which Mr. A.
replied that being from Hamilton, and Mr. Turner not deem-
ing it proper that he should come himself, he had requested
me to attend, and having heard the statements, to judge for
myself of the proceedings which had taken place. He ex-
plained that he (Turner) was anxious, if possible, to place
himself right with his friends in Canada, and to tliat end had
urged that I should accompany Mr. Adams in the investi-
gation undertaken by the latter at the request of Mr. C.
himself.

" Some general conversation occurred in which Mr. Crooks,
after stating that Mr. Booth was more familiar with the
question, and must go over the papers with us, and make all
necessary explanations, Mr. Crooks stated that the arrest had
given him great pain, that he had only caused it to be made
under advice of his solicitor, and as the only way of forcing
the settlement of a current account; and then only after
exhausting every other means that friendship could suggest,
having even some months before the arrest written a private
letter to Mr. Turner, urging upon him the reference of the

i I

i 1

matters in dispute to a mutual friend; which offer he left us
to infer had been rejected.

" I pointed out that the offer had in fact not been re-
jected. That the letter referred to was written on the 3rd
October, that it urged upon Mr. Turner that the question
should be viewed in a calm and Christian spirit, and that
with a view to a settlement the dispute should be referred to
their mutual friend, Mr. Adams ; and that Mr. Turner, so far
from rejecting the offer, had in reply stated his belief that
the matter might be arranged without reference either to
legal proceedings or to arbitration ; but that if the latter was
necessary, he would very willingly permit Mr. Adams to settle
all disputes. I pointed out that nothing had subsequently
taken place, so far as the correspondence showed, and there
had been no personal intercourse until after the affidavit was
sworn to upon which the arrest was made, which justified the
belief that any change of purpose on the part of Mr. Turner
had taken place. To this view of the question Mr. Crooks
made no reply. He referred us, however, to Mr. Booth, who,
being more familiar with the question, would be able to
afford us greater information upon. Mr. Adams, referring
to a report of Mr. Hope's on the case, said that in it the
statement was made that no part of the account sworn to in
the affidavit was actually due and payable until some few days
after the arrest. Mr. Crooks replied that this was an entire
misapprehension, seeing that the amount was in fact over-due.

" We then retired with Mr. Booth into an adjoining
room ; when Mr. Adams produced Mr. Hojie's report, in
which the statement is made that he was unable to make an
exhaustive examination of the case, owing to the fact that
certain correspondence further than that in the possession of
Mr. Crooks was in Mr. Booth's possession in Canada ; and that
he therefore suspended judgment until that additional corre
spondence could be produced. Mr. Adams said that it would
greatly simplify the inquiry if this additional correspondence
was now produced; and from the statement of Mr. Hope,
who appeared to have examined it very closely, it was impos-
sible, without that, to justify the arrest.

r he left us

t been re-
•n the 3rd
* question

and that
•eferred to
aer, so far
►elief that

either to
latter was
3 to settle
sequently
ind there
iavit was
tified the
'. Turner
*. Crooks
)th, who,

able to
•eferring
1 it the
rn to in
evf days
1 entire

^er-due.

oining

ort, in

ake an

;t that

sion of

d that

corrc

would

dence

lope,

npos-

" Mr. Booth was not aware of any additional correspon-
dence, and thought Mr. Crooks must have been under a
misapprehension.

" Mr. Adams then referred to Mr. Hope's statement that
no part of the money was actually due and payable at the
time of the arrest, nor for some four or five days afterwar s.

" Mr. Booth said this was true. The sum was not actually
payable at the time. He proceeded, however, to justify the
arrest, first, by the terms of the contract itself, and, second*
by the fact that in no other way could Mr. Turner be made
to answer the account in an English court. He claimed that,
under the contract, the total quantity from 1.00 to 1500
boxes liquorice-paste must be held to rule the interpretation
of it, that the larger quantity might under it be delivered,
and that it would be impossible so to deliver it within the
time limited if the deliveries were confined to from 100 to
120 boxes per month. He produced a letter from Mr.
Turner, dated 13th Januaiy, 1868, in which the statement
was made that they would like to get 1000 boxes before the
first of August, as tobacco, in which liquorice-paste is used,
is made in summer ; but that they could not take more than
100 boxes a month during the latter part of the delivery.
I quote this letter from memory, but am quite certain that I
quote it correctly. And he held that that fully justified them
in making large deliveries during the summer months.

" Mr. Adams pointed out that, as this letter was written
before the contract was entered into, and at a time when,
according to the dates, it could have had no influence whatever
on the terms of the contract, it could hardly be held to govern
it. Mr. Adums, however, said that the express request con-
tained in it, that the deliveries might all be completed
before the first of August, might be held to justify the large
deliveries made under the contract during the summer months.
On the contrary, I held that the express statement that
they could not take more than 100 boxes a month during
the summer months, in a letter for a contract requiring a
larger delivery than that number each month, justified the
Messrs. Turner in their statement that the small deliveries

It!

during the early part of the year, and the larger during the
summer months, was entirely beyond their interpretation of
the contract, and quite unjustified by anything that had
occurred before or after it was entered into. We both
agreed, however, that whatever view was adopted as to the
force of this letter of the 13th January, it could not in
any way be held to justify the extreme measures taken in
the arrest.

" Mr. Booth said that he had urged this arrest on Mr.
Crooks as the only possible way of bringing the matter to a
final issue ; and that it was done not from any feeling of want
of confidence in Mr. Turner's ability to pay the account, but
as the only way of making hira answer process in an English
court. I'here was no other motive but that.

" Mr. Adams suggested that a letter to this effect, addressed
to Mr. Turner, might be satisfactory.

" Mr. Booth had no objections, that he then saw, to
writing such a letter.

" I pointed out that such a letter could not be received
by Mr. Turner, because it was, if possible, more offensive
than tlio original indignity. To say that while arresting
a man you had perfect confidence in his ability to pay his
debt, was to charge him with deliberate dishonesty in not
paying it.

" Mr. Booth said I wrongly interpreted his words, and
Mr. Adams urgc^- that he understood that the letter to b**
written must include an expression of confidence in Mr.
Turner's honesty and integrity as well as in his financial
ability, and that in taking the course they did take, the
Messrs. Crooks had simply sought this criminal proceeding
as the first and only step towards a civil action in an English
court.

" Mr. Booth said he would see Mr. Crooks and ascertain
from him whether he was willing to give such a letter. It
was quite his (Mr. Booth's) opinion that this ought to be
done, as it but fairly represented the real state of the case.
He then retired for Mr. Crooks, and both in a few minutes
returned.

r during the
rpretation of
g that had
We both
ed as to the
ould not in
es taken in

rest on Mr.
matter to a
ing of want
ccount, but
an English

t, addressed

>n saw, to

e received
offensive
arresting

pay his
y in not

5rds, and
«r to bp
in Mr.
financial
ake, the
acceding
English

scertain
ter. It
to be
le case,
ninutes

"Mr. Crooks said he was quite prepared to say that the
only motive he had in making the an-est was to bring Mr.
Turner under the process of an English court ; that it was a
most painful proceeding for him to take, and was not dic-
tated by any lack of confidence either in Mr. Turner's inte-
grity or ability; but he would like to consider the matter
before doing it, and might like to consult his solicitor.

" Both Mr. Adams and I expressed our conviction of the
propriety of this course. It was quite right to take some
little time to consider so grave a matter.

" Mr. Crooks said of course it was to be understood that
no letter which he sent should be made the ground of any
after proceedings.

" Mr. Adams and I both assured him that there was no
such intention.

" Mr. Booth said they had taken care when settling with
Mr. Turner to take from him an undertaking that no pro-
ceedings should be hereafter instituted.

" I pointed put that this was one of the discreditable pro-
ceedings connected with this transaction ; that professing to
desire simply the examination of the points in dispute by an
English court, and to that end arresting a leading Canadian
merchant, they had, when that merchant was under the
degradation placed upon him, extorted from him such an
undertaking as prevented for ever that very examination of
the accounts.

" Mr. Crooks said what could they under the circum-
stances have done, and appealed to me as to what I would
have done.

" I replied that I certainly would not have entrapped a
gentleman by friendly correspondence to enter my oflBce
after a long day's journey for the settlement of an account,
and have then an affidavit made and the officers in the
building ready to arrest him.

" Mr. Crooks said they had forborne very long, and had
done all they could have done to prevent the resort to this
last extremity. He said he supposed we were aware, although
he should perhaps not mention it, that there was a serious

c 2

i !

!:.

i .

1 t
1

fall in the price of tobaccoes about the time this difficulty
occurred.

" Mr. Adams had heard this, and attached no importance
to it. The interview then closed, with the understanding that
Mr. Crooks would consider the propriety of writing the letter
already mentioned in the earlier part of this memorandum,
and if he did write it, that it should bo addressed to Mr.
Adams at Shrewsbury."

A copy of this memorandum having been sent to
Mr. Adams, he replied in a letter to Mr. White,
dated Shrewsbury, lltli June, 1869, in which he
says : — " I cannot at the moment recollect anything
of importance which you have omitted."

On the 25th June, no letter having been received
from Messrs. Crooks & Co., Mr. Adams addressed the
following letter to Mr. Turner, in relation to the in-
terview had with Mr. Crooks and Mr. Booth on the
9 th inst.

" Malvern, 23rd June, 1869.
" To James Turner, Esq. {of Hamilton, Ont), Glasgow.

" Dear Sir,

" From a copy of Mr. Hope's report on the matter at
issue between you and Messrs. R. Crooks & Co., which was
sent to tne before I left Canada, I learned that Mr. Crooks
bad named me as the person to whom he would submit the
letters which Mr. Hope could not see, as Mr. Booth had taken
them with him to America.

"When you informed me that you approved of Mr.
Crooks's choice, I was anxious that I should see those letters
to give you my opinion of them ; I agreed to do so if you
would get a friend of your own, acquainted with the trans-
actions, to accompany me and act in your behalf. On your
selecting Mr. Thomas White, jun., of Hamilton, Ontario, to

i !1

is difficulty

importance
andiug that
g the letter
morandum,
^ed to Mr.

^n sent to
r. White,
vhich he
anything

received
•essed the
;o the in-
th on the

me, 1869.
hsgow.

matter at
'Iiich was
f. Crooks
tmit the
ad taken

of Mr.
e letters
3 if you
B trans-
)n your
;ario, to

act as your friend, I called at Crooks & Co.'s office, at Liver-
pool, on the Oth instant, accompanied by him. After intro-
ducing Mr. Wliite to j\rr. Crooks, and explaining the object
of our visit, Mr. Crooks at once expressed his willingness to
place before us such letters as Mr. Hope had not seen, which
Mr. Booth liiid away with him ; and directed Mr. Booth,
who he said had a more thorough knowledge of the corre-
spondence and details of the business, to furnish them.

" Mr. White, j\Ir. Booth, and I then went into a private
office, and carefully read the lette: c". I only found one of
those lettei-s bearing at all impoi-^Cvntly on the liquorice-
paste, or on any matter in dispute between you — indeed, it
was the only one urged by My. liooth as doing so — that was
a letter written by your firm, in January, 1868, in which you
said it was necessary you should have the liquorice-paste at
Hamilton not later than August. This letter was crossed
at sea by one from Crooks & Co., covering the contract for
liquorice-paste which they had made for you, and which spe-
cified periods for delivery extending beyond August. This
contract you appear to have accepted ; and in so doing, I
would say, had cancelled your letter of January referred to.

" Mr. Booth submitted that Mr. Hope is correct in saying
that the account on which you were arrested was not due
according to the arrangement you had made with Messrs.
B. Crooks & Co., but says they considered that you had
broken the arrangement by not complying with some of the
terms ; and that therefore Crooks & Co. were at liberty to
assume the account as cash, and consequently due. Crooks
& Co. do not appear to have informed you of this, as I think
they should have done.

" When parting from Mr. Crooks, he assured us that he
always had the fullest confidence in your integrity and
ability to pay his account, or any obligation you undertook ;
and I had hoped that he would have sent me a letter express-
ing this feeling, which I might have sent you, and thus have
been saved the necessity of giving my opinion on your trans-
actions. On reviewing the correspondence whicu I have seen
between your firm and Messrs. R. Crooks & Co., together

II II 1 1

fi!

with the conversation which I have had with Mr. Crooks and
Mr. Booth about your business, I fail to see anything in your
transactions to warrant Messrs. Crooks & Co. in arresting you
as they did.

" It is with deep regret that I feel compelled to form this
opinion on the conduct of a firm to whom you introduced
me, and one with whom the transactions of my house have
hitaierto been most satisfactory.

" Yours truly,

(Signed)

EDWARD ADAMS.'

And on the 1st July, no letter having even up to
that time been received from Messrs. Crooks & Co.,
Mr. White addressed the following letter to them,
intimating his intention to make this publication of
the whole case : —

" Liverpool, 1st July, 1869.
" To Messrs. Egbert Crooks & Co.

" Gentlemen,

" I have learned from Mr. Edward Adams that up to
this time he has received no communication from you in
reference to our interview of Tuesday the 8th ult., on the
subject of your arrest of Mr. James Turner on the 29th
Deceihfcer last. You will remember that the statement, both
of yourself and of Mr. Booth, was that you had the most
' perfect CAifldence in the integrity and financial ability of Mr.
Turner, and that you were prompted to take the extreme
course adopted by you as the only one open to you to compel
Mr. Turner to answer your claim against him in an English
court of justice ; and the apparent frankness with which you
expressed this confidence led me to hope that you would not
hesitate to make so slight a reparation for so great an
indignity, as was involved in the expression of that confi-
dence in writing over your own signature. Your refusal to

li'^^

Jb^:

' Mr. Crooks and
mything in your
w arresting you

^ed to form this
you introduced
^y iiouse have

^ ADAMS."

r even up to
3oks (fe Co.,
-r to them,
Wication of

J»'j', 1869.

that up to
>m you in

*•> on the

the 29th
lent, both
tie most
'tyofMr.

extreme
3 compel

English
u'ch you
►uld not
reat an
t confi-
fusal to

do this leaves to me but one course open, as Mr. Turner's
friend, and as being fully authorized by him to act in any
manner I may deem just in view of the actual circumstances
of this unfileasant business. That course is the publication
of all the circumstances of the case, so soon as the papers are
prepared, in such form as will best vindicate his character
from the odium which your arrest of him unexplained must
attach to it, and as will best i)rov^e to you that the feelings
and business reputation of Canadian merchants cannot be
trifled with with impunity.

" Let me. Gentlemen, in view of this determination, recall
to your minds the circumstances under which this arrest was
made.

"I do not propose to discuss here the merits of the
dispute be^ v .hi your firm and Messrs. James Turner & Co.
in relation tu the liquorice-paste, or other matters of differ-
ence, because, as I shall show you presently, the merits of
that dispute have really nothing whatever to do with the
proceedings taken by you for its adjustment

" You may have been justified in shipping the paste in
the precise manner in which you did ship it ; and you may
have been justified in refusing to accept responsibility for
ill-conditioned delivery. So far as the fact has any relation
to the present question, I could have no possible objection to
admit that you were justified in both cases, and that your
claim against James Turner & Co. was one to which you were
entitled both at law and in equity. Conceding ap tj^a for
the sake of the argument, the point to which I desirtfto draw
your attention now is this, was your Mr. Robert .Crooks
justified in making the affidavit which he did makQ,.{tnd were
you justified in causing the arrest in the manner in which you
did cause it ?

" The affidavit, as was necessary in order to make it
effective, contains certain specific allegations of fact. It
recites that : —

" * 1. James Turner is justly and truly indebted to me
(Robert Crooks) " in the sum of Three thousand four hundred
and ninetynseven pounds one shilling and one penny," and

. 'r

■ I

' \

that the said debt " is owing and now payable to me from the
said James Turner."

" • 2. The said James Turner has lately arrived on a visit
in Glasgow, in Scotland, and that he " is about to return
shortly to Canada West, as I know of ray own knowledge
derived from business commimications with him."

" ' 3. The said James Turner is on his way to Liverpool
from Glasgow by rail, and has informed me that he will be
in sliiverjJGol tliis afternoon about 5 o'clock on a short and
passing visit, and I believe he is about immediately to leave
Liverpool ibr Glasgow.

" '4. The said James Turner has declined to pay the said
debt, and I helieve his object in coming to see me late at night
(as he has written to say he will do) is to enable him to leave
Liverpool before I can take steps to detain him.

" ' 5. From the facts and reasons aforesaid, I verily believe
that the said James Turner, imless he be forthwith appre-
hended, is about to quit England with intent to avoid and
delay me in the recovery of the said debt.'

" These are the allegations of the affidavit, sworn to,
remember, before you had had any inters " with Mr. Turner
personally, and therefore without reference to anything which
may have occurred at that interview. Let us see how far
your Mr. Robert Crooks was justified, either by fact or reason,
in solemnly, before God, swearing to the statement contained
in this document. The very first allegation is untrue. By
the report of Mr. Hope, who made a most exhaustive exami-
nation of the whole case, and by the statement of Mr. Booth,
your Sku. special referee in this matter, made to Mr. Adams
and mys(^f, this debt was not * payable ' to you, as to a j)or-
tion of it, for some days, and as to the larger part of it, for
some weeks, after the affidavit was sworn to.

" As to the second, you had no warrant from any ' business
communication ' for saying that Mr. Turner intended shortly
to return to Canada West ; for as a matter of fact he had no
such intention, and is even yet, six months after the affidavit
was sworn to, in this country.

" The third allegation taken by itself is of no importance,

from the

5n a visit

|to return

lowledge

Liverpool
|e will be

Jort and
I to leave

the said
fit night
to leave

believe

appre-

oid and

orn to,
Turner
r which
o\v far
reason,
tained
>. By
ixami-
^ooth,
danis
])or-
t, for

iness
artly
d no
!avit

nee,

as I presume it is no offence to make * a short and passing
visit ' to Liverpool ; but taken in connection with what
follows, it is important for the suggestion it contains. The
aflSdavit states positively that Mr. Turner had declined to pav
the debt (which by the way, as I have stated, was not duf;
at the lime), and it declares the belief of your Mr. Robert
Crooks that his (Mr. Turner's) object in making the short
and passing visit was to defraud you of your debt, by escaping
back again into Scotland before you could detain him. Let
me deal firpt with this belief. Did it never occur to you that
if Mr. Turner had had any such intention as that which you,
upon a solemn oath, attribute to him, his visit to Liverpool at
all was a most unnecessary proceeding ? He went there, as
you knew at the time, 'from business communications,' at
very great personal inconvenience, at your special request, in
order that he might meet you with a view to a settlement of
differences before Mr. Booth left for Canada. He went there
witli no other object, and having no other business, than the
settlement of this account ; and yet from the fact of his thus
going, you inferred, and you put the inference into the form
of an affidavit, that he had predetermined not to pay you,
and actually made the visit at the hour he did, the better to
carry out this predetermination ! I venture to say that the
records of commercial cases will not produce a parallel to
this, where a visit, undertaken at personal inconvenience at
the request of the creditor and with a special view to settle-
ment of pending accounts, was, before the debtor could reach
his destination, distorted into a deliberate intention on his
part not to settle, but on the contrary to avoid payment.

" So much for your belief of the object of Mr. Turner's
visit to Liverpool, at the particular hour at whicli in the
ordinary course of travel he arrived there , but there is a
more serious statement in this part of the aflSdavit. Your
Mr. Robert Crooks swore positively that ]\[r. Turner had
' declined to pay the said debt.' Permit me to say that at
the time the affidavit was sworn to, you had not a particle of
warrant for that statement. Mr. Turner had not only not
declined to pay the debt, but there is in the correspondence.

ii I.

all of which I have carefully examined, the greatest willing-
ness exhibited to have a fair settlement of it effected. It is
not worth while to recapitulate all the correspondence :
quotations from a couple of late letters will answer. I take
first a private one of your Mr. Eobert Crooks, dated 3rd
October, 1868, in which he urges upon the Messrs. Turner to

* try calmly and with a Christian spirit ' carefully to review
the whole case, and then goes on to say, ' if after mature re-
consideration you still cannot take our view of it, I beg to
suggest that we place the entire correspondence before our
worthy mutual friend, Mr. Edward Adams, of London, C.W.,
and take his opinion on it, rather than rush at once into
lawyers' hands.' What was the answer to that private letter ?
It was written by Mr. James Turner himself, dated 9th No-
vember, and in it he said : * Provided a reference is necessary,
we willingly accept of Mr. Adams as a referee ; but i-s it is
the writer's intention to leave for England early next month,
a personal interview will no doubt enable us to come to
a satisfactory solution of difficulties.' Wherein was this a
refusal to pay the amount of the debt ? Was it not, on the
contrary, a most friendly communication, exhibiting aa
anxiety to avoid the delay even of a reference, yet at the
same time accepting, should such reference be necessary,
the referee named by yourselves ; and yet up to the 29th De-
cember, when your Mr. Robert Crooks swore positively that

• the said James Turner has declined to pay the said debt,'
nothing different from" this had been written, and Mr. Turner
was actually on his way to Liverpool to have the personal
interview which he had expressed the hope would lead to so
satisfactory « solution of differences as to render a reference
unnecessary. Perjury is an ugly word, and I prefer not to
use it, if you will supply me with another which fitly charac-
terizes the fourth allegation of the affidavit upon which Mr.
Turner was arrested, when read in the light of your letter of
the 3i*d October, and his reply of the 9th November. It is a
pity that Mr. Crooks's * Christian spirit ' did not make him
pause before rushing, not simply * into lawyers' hands,' but
into the presence of his God, calling upon Him to witness to

the truth of an allegation, which, in fact, contained not even
the semblance of truth.

In Mr. Hope's report on this case, he states that you
informed him there were other letters in the possession of
Mr. Booth in Canada which would justify the allegations
of this extraordinary affidavit ; and he suspended judgment
on the whole matter until Mr. Adams should have the
opportunity of seeing this additional correspondence on Mr.
Booth's return. At our interview on the 8th uli, Mr.
Booth informed ,us that there was no additional correspond-
ence bearing upon the affidavit. The only letter produced
by him, which Mr. Hope appears not to have seep was
one written by Messrs. Turner & Co. on the 13th January,
1868, several days before the contract, which was the subject
of dispute, was even entered into. It will hardly be claimed
that that letter justified in any way the arrest, whatever
influence it may have in interpreting the contract itself. I
trust you perceive the full significance of your failure to
produce that additional correspondence. You will see that
with all tne letters, as it now appears, in your possession, and
within a few weeks of the occurrence, when all its circum-
stances must have been fresh in your memory, you were con-
fessedly unable to justify by the production of letters the terms
and allegations of an affidavit whose terms and allegations
were professedly based upon letters. That was a confession
which a man who can afford to enjoin a Christian spirit upon
others, ought not to have found himself compelled to make.

" You may probably object to the terms of this letter, and
may even question my right to interfere in a dispute to
which originally I was not a party. Let me say that the
terms are the only ones in which I could discuss this matter,
and that I have been compelled to put myself under con-
siderable restraint in order that those terms might not exceed
the bounds of gentlemanly courtesy ; and my right to interfere
is that of a friend of a deeply injured man, who ought not
to be further annoyed by being compelled to become his own
defender. Your Mr. Booth, at our interview, seemed to con-
sider it rather a clever thing to have bound Mr. Turner not

to take any proceedings in this case. Perhaps it was clever,
though it would have been more admirable had it had less
of the cowardly element about it. I propose to show you,
Gentlemen, that there are other means of punishing men who
commit such an outrage as that of which you have been
guilty, than by an action at law. I propose that the business
men of Canada at any rate shall know that there is at least
one firm in Liverpool which has a rather peculiar way
of adjusting disputed accounts; whose members can write
letters remarkable for aD almost Uriah Heep meekness,
enjoining a CJiristian spirit, deprecating all resort to law,
suggesting friendly references, and begging for personal
interviews ; and when these latter are granted, meeting their
client with the silken gloves discarded, an affidavit without
any regard to the tntli of its allegations prepared, the sheriffs
officers in an adjoining room, and the highwayman's demand
of a full liquidation without reference to disputes, or the
Lancashire jail. That Mr. Turner was able, in a strange city,
upon a moment's notice to provide for and actually pay so
large a sum of money, and that he was thus saved the in-
dignity of actual incarceration, was a circumstance which you
could hardly have foreseen ; and it is as well, therefore, that
others should be warned to avoid connections which may
terminate so unpleasantly.
' " I enclose my card and London address, and

" Have the honour to remain, (xentlemen,
, *' Your obedient Servant,

,-- ,. (Signed) " THOS. WHITE, JuN."

To which the following reply was sent : —

•'5, MoLYNEUx Place, Water Street,
** Liverpool, 2iKlJuly, 1809,

" To Thomas White, jun., Esq., of Hamilton, Ontario,

London.
" Sir, -^

" We have to a<»knowledge the receipt of your letter
of yesterday, and beg to say in reply, that we consider it a

distortion of facts and coloured entirely by a one-sided

view.

" After careful reflection we decided we could not send
Mr. Adams such a letter as would be deemed of any service
to your friend.

" Your intended publication of the correspondence is of
very little concern to us, as we are persuaded that our friends
in Canada will have no difficulty in seeing the merits of the
case, in spite of any gloss that may be put upon it.
" We are, your obedient servants,
(Signed) " ROBT. CROOKS & CO."

To this, Mr. White sent the following : —

" WiTERFOED, 12th July, 1869.

« To Messrs. Robt. Ckooks & Co.

" Gentlemen,

" Yours of the 2nd instant I received here. You say,
in reference to my letter of the 1st instant, that you * con-
sider it a distortion of facts and coloured by a one-sided
view.' I cannot but regret that you did not state what
* fact ' was distorted, and what * view * was presented par-
tially. I can assure you that I have no desire improperly or
unfairly to state the case ; and if you will furnish me with
your full reply to my letter, setting forth wherein you con-
sider it unfair, I shall have groat pleasure in giving the same
publicity to it as I propose to give to my own statement of
the case. *

"Both Mr. Robt. Crooks and Mr. Booth apparently
attach a good deal of importance; td the conversation had
with Mr. Turner when he came up from Glasgow to meet
you, and Mr. Booth read to Mr. Adams and myself a state-
ment of that conversation, as written QUt by him immediately
after it occurred. If you will furnish me with a copy of that
paper, I shall be glad to embody it also in the proposed publi-
cation, as I am most anxious to avoid any act of unfairness
towards you.

i f

"Hoping you will comply with my request in these
respects,

" I remain, your obedient servant,

(Signed) "THOS. WHITE, JuN."

To that letter no reply has been received.

Mr. Adams's report having been submitted to
Mr. John Hope, of Montreal, that gentleman has
finally disposed of the case in the following letter : —

" Toronto, 8th July, 1869.
" To James Turner, Esq.
"My Dear Sir,

"I have duly received your favour of 24th ult.,
enclosing letter from Mr. Edward Adams, which I return.
I have carefully perused this letter, and have given proper
consideration to the letter which Mr. Booth had with him in
Canada, and regarding which I quite agree in Mr. Adams*
opinion that as the contract which was sent to you, and
which you confirmed, was dated subsequently to that letter,
the CO" tract and not the letter must be taken as the rule
of delivery. I have therefore now no hesitation in saying
finally that I can see nothing in the case to warrant the
extreme proceedings which Messrs. Crooks & Co. resorted to.
Nay, more,' ev«!a if Messrs. Crooks & Co. were right on the
merits Qf the questions between you, there was, even in his
own opinion, two sidles to ^tbe matter, and it was a fair one
for discussion'^- and while in that position the affidavit and
arrangements ' for your atfest were in the highest sense
improper, and if fi^staip^as correct would render it impos-
sible for any. ene*who hadLan honest dispute or difference of
opinion mth. an Englisli;Jc()rrespondent, to visit Europe with-
uut being liable to an Indignity which was never contem-
^ atcd as applicable tolltmourable and responsible men.

*♦! remain,
"^' "Yours faithfully.

(Signed)

"JOHN HOPE."

The whole case is therefore submitted for the
consideration of the business men of Canada, as an
act of justice to one of their own number who has
been the victim of a very cruel outrage, and as a
means of enabling them to avoid connections which
may terminate so unpleasantly. It is only necessary
to point out in conclusion that Messrs. Crooks & Co.
have had the opportunity of placing their own view
of the case before the public in this paper, and have
neglected to avail themselves of it, and that upon a
thorough investigation of the whole case, with the
assistance of such explanations as Mr. Crooks and
Mr. Booth could offer, two Canadian merchants, both
correspondents of Messrs. Crooks & Co., have been
unable to see the slightest justification for the extra-
ordinary proceedings resorted to in this case.

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