Page:The English Reports v1 1900.pdf/196

Mr. Daniel Gates, Dr.
1680.
August.	To freight, ½ per cent. on the cequeens 310, which were received per contra,	3	84
January.	To cost & charges of 116 butts, 66 carratels, and 50 rolls of Nathaligo currants, la per den, on the ship African, as per factory,	19684	36
June.	To Cambio at 3 per cent. on the per contra dollars, 6000, drew for Venetia, per	180	00
	To provision and bro. of deeto, at ¾ per cent. per	45	00
	To Cambio, at 3 per cent, on the per contra balance and 2277 71, drawn for Venetia,	65	00
	To provision and bro. at 3 per son, do. per	16	82
		19995	54
Per ContraCr.
August.	By cequeens 310, received of ship Unity, from Mr. Williams, of Venetia, per	775	60
[60]	By dollars received from Captain Waters, per	1100	00
	By dollars 9842 18 embursed me of Mr. Wm. Warr, for ½ part of the ship African, cargo of currants, as per contra in and 19684 36 is dollars,	9842	18
1681. June.	By dollars 9242, drawn on Mr. Gates, via Venetia, by Mr. Williams and partner,	6000	00
July.	By balance hereof, which I draw on you, via Venetia, per Mr. Williams and partner,	2277	71
		19995	54

The respondent made this case: That appellant joined with Bonnell of London, merchant, (to whom respondent had been apprentice) to send respondent as their factor to Zant, in company of Mr. Pendarves, then consul of the Morea, and, in 1680, Daniel Gates, and appellant, sent respondent a separate commission, to buy up all the Nathalico and Morea currants, or so much as the ship African could carry; and ordered respondent to draw bills for the money on their correspondents Williams and Anselme, at Venice, and that respondent should have 8 per cent. commission; and respondent accordingly laded the ship with currants, which cost about 4000l. sterling, and thereupon drew bills on the correspondents at Venice, for about 20,000 dollars, and confiding in the honesty and orders of Gates and appellant, suffered the ship to depart for England with the currants, and forwarded an account, and therein gave credit for all the money so drawn for at Venice, (errors excepted;) but the appellant and Gates sent orders to Williams and partner, not to accept respondent's bills, which were all protested; so that the money remained still due as much as if [61] no such credit had been given; and the ship arrived safe with the currants; and appellant being so possessed thereof, and designing never to pay for them, appellant (as was fully proved in the cause in chancery) wrote to one Taverner (who had formerly been his apprentice, and then lived in the house with respondent at Zant,) to do respondent all the prejudice he could, and prevent the payment of this money, and Taverner, by appellant's order and approbation, endeavoured to take away respondent's life; and for that purpose made himself a pair of shoes of a hat, to go softly to cut respondent's throat as he slept in bed; but his heart failing him, he hired five ruffians to murder respondent, who having, by good accident, been often diverted from executing the bloody purpose, two of them repented, and discovered the truth to respondent, (and were both afterwards shot to death for the same;) and respondent, on this discovery, going to Taverner's apartment, found he was run away with respondent's cash, books and papers (to

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