Transcription of affidavit from John Stuart Crosbie Morris (for "Morris v. Ashbee"), 20 May 1868, before Benham and Tindell. Source: Chancery files, 20 May 1868, ref: C 31/2233/1411; The National Archives of the UK (TNA), held off-site from Kew. Transcribed by Liz Evans, 29/10/2015, from photographic images held by Tony Proctor (images nos. 432-450) ================================================================ [page 1, image 432] In Chancery 1868 M 81 Between John Stuart Crosbie Morris Plaintiff and William Ashbee and Lewis Simonson Defendants I John Stuart Crosbie Morris of Number 4 Moorgate Street Buildings in the City of London the above named plaintiff make oath and say as follows 1 I have read a copy of the affidavit of the defendant William Ashbee purporting to have been filed in this cause on the part of the above named defendants and I say that it is true that the said William Ashbee entered my service in the year 1865 as stated in the 2nd paragraph of his said affidavit he had not previously been in my service and was not employed by me in the year 1862 when I first brought out my Business Directory nor had the above named defendant Lewis Simonson then entered my service 2 In the composition of my said Directory published in the year 1862 I did not cut out or copy or cause to be cut out or copied a single line from the Post Office Directory of London nor from any other work but my said Directory was entirely an original production and the materials for the 1411 20 May 1868 (58) Benham & T Friday <1598> [page 2,image 433] same were obtained by the personal canvass of my servants who were instructed by me for the purpose 3 In preparing the succeeding editions of my said Directory I have always saved time trouble and expense ^by^ cutting up the last preceding edition thereof as is usual in the compilation of established Directories and is in fact necessary to insure correctness in printing 4 In the year 1865 I conceived the idea of publishing a Directory comprising all the information contained in the Post Office Directory of London and for that purpose I assumed (as I then believed I had the right to do) that I might make use of the matter contained in the last mentioned Directory and I therefore caused the names to be fairly copied out of portions of the said Directory on slips of paper and I sent my canvassers round London therewith to correct the same and having done so I used the names and matter so obtained and corrected in the printing of my said Directory last referred to and which was called the Imperial Directory of London 5 Mr Frederic Kelly the proprietor of the said Post Office Directory of London soon __________ 2 [page 3,image 434] after the publication of the said Imperial Directory filed a Bill against me for an injunction to restrain the publication thereof alleging it to be a piracy of his said Directory and this Honorable Court after full argument of the case by Counsel for the said Frederic Kelly and myself granted an injunction restraining me from publishing any portion of my said Directory the materials for which had been obtained or partly obtained from the Post Office Directory ^of London^ upon the ground that I had no right to avail myself of the information contained in the Post Office Directory of London and so save myself the labor and expense of original compilation 6 The said Injunction did not interfere with the publication of my said work called The Business Directory of London no part of which although forming a portion of the said Imperial Directory was called a question in the said suit it having been an original compilation as was admitted in Court on the hearing of the nation and it was also then conceded that I acted bona fide but under a mistaken idea as to my right to use the materials contained in Directorys belonging to other persons 7 With reference to the 3rd 4th and 5th 3 [page 4,image 435] paragraphs of the said William Ashbee's affidavit I say that it is my custom and as I believe the custom of most persons if not of every one who publishes a Directory to cut out advertisements from other periodical publications for the purpose of soliciting advertisements from the advertisers and when a firm has once been known to advertise any active publisher will endeavour to get that firm to advertise in his publication and it is with the object not of compiling my directory (which is already compiled and the copy for which always consists of separate matter) but to guide my canvassers in soliciting advertisements from persons who having advertised before would be likely to advertise in my said Directory that matter from other works is given to the said canvassers as stated by the said William Ashbee. ^C^anvassing for advertisements in this manner involves much trouble and expense and of course no advertisements are ever inserted unless the advertiser pays or agrees to pay for the same 8 The printed paper produced and shewn to me marked M 1 and headed "Instrons to Canvassers" is given to every canvasser in my employ and _____________ 4 [page 5,image 436] I expect each man to conform thereto in every particular paragraph 25 of such instructions refers to the matters in the last preceding paragraph and in the said William Ashbee's affidavit mentioned 9 I have examined the numerous exhibits referred to in the affidavits of the defendants and the other persons who have made affidavits on their behalf and I say that most of such exhibits consist of or contain printed names and addresses and other matter cut out of my said Business Directory and I say that the said exhibits form copy from which the said defendants Directory has been printed and that the fact of the defendants having used such printed matter has enabled them to avoid incurring the great expense and trouble and loss of time necessarily occasioned and incurred in the case of canvassing for an original work where the canvasser has to obtain or make up his information by personal enquiry and write it down in manuscript for the printer at the time By using such printed matter also the defendants have avoided the numberless errors which are always found in the first publications of Directorys of every kind and which from the number of persons employed 5 [page 6,image 437] in canvassing some of whom are less expert or less careful than others are unavoidable 10 The defendants by cutting up as they admit they did my said Directory in fact prepared the copy for printing their said Directory before they commenced to canvass for the same and the defendants do not appear to have taken the trouble to canvass generally with a view to the compilation of a Directory and their said Directory is not a Directory in the proper meaning of the term for they have as far as I can judge from an examination of their said Directory in few if in any instances given in their Directory a full or proper list of the persons carrying on any particular trade or business 11 With reference to the latter part of the 12th paragraph of the said William Ashbees affidavit I have no doubt few persons would be required to work such a Directory as the defendants in the way they have prepared it I require the services of about 50 persons to work my said Directory 12 In my said Directory under the head of Builders the names and addresses of 1298 6 [page 7,image 438] persons and firms are given and in the Defendants Directory only 53 persons or firms are given under the same heading In like manner in my said Directory under the heading Haberdashers 449 names and addresses are given and in the Defendants Directory only 13 names and addresses are given under such heading and under numerous other headings similar differences will appear on an examination of the two books 13 I have never charged any one and it would be absurd to ask any one to pay for having his name and address inserted in ^the body of a^ Directory The charge made by me is and has always been made for printing the names of any persons who desired it in capitals (that is in large instead of small type) and for inserting after their address any additional matter which such persons wished to appear and where persons who have at one time paid for such additional matter have afterwards ceased to do so the only difference I make is not to print their names in capitals or not to insert the other matter as the case may be 14 With reference to paragraph 17 of the said William Ashbees affidavit I say that the defendants have taken from my said Directory passages in respect of which ______________ 7 [page 8,image 439] no money was ever paid or agreed to be paid by the persons whose names are so given in my said Directory and amongst other instances I say that the following entries were not paid for nor agreed to be paid for nor is there any thing in the said entries to cause the defendants to believe that they had been paid for these are the entries I refer to namely Gough William T under Box Makers Fancy - Lambert T and Sons under Brass Founders ^Engineers^ Gas Fitting Manufacturers Water Closet Makers and Pump Makers Aylen Alfred under Sauce and Pickle Manufacturers Fletcher Richard under Stationers Manufacturing Beckley Arthur under Bronzists Anderson & Clements under Wine Merchants Copestake Moore Crampton & Co under sewed Muslin Manufacturers - Arnold & Sons under Medical Glass Dealers - Bryan John & Co under Army Clothiers Brace & Belt Makers and Curriers - Braden and Co under Cattle Food Manufacturers and Pearl Barley Makers, Rouch W W & Co under Chemists Manufacturing 15 I have perused a copy of an affidavit purporting to have been made by the above named defendant Lewis Simonson and filed in this cause The said Lewis Simonson for about a year previously to _____________ 8 [page 9,image 440] April 1867 had been engaged in travelling for me chiefly in Scotland and Ireland and without my leave and against my wish he left Dublin some time in March 1867 as I believe from letters he wrote me and after going to various places to the best of my belief on business of his own he arrived in London about the 6th April 1867 I was annoyed with him for leaving his work in the country and on his subsequently calling at my office some angry words passed between us and he then alluded to some money which he claimed and which had been the subject of a previous dispute I having refused to pay it because he was not entitled to it but we had no conversation at this interview as to his intention to bring out a Directory nor did he produce any book or Directory to me or give me any reason to suppose that he was about to bring out a Directory as stated in the 8th paragraph of his said affidavit 16 During the following week the said defendant Lewis Simonson called several times at my office apparently without an object and I more than once found him there before it was my usual hour to come to the office and I heard also that he had been seen lurking about at _____________ 9 [page 10,image 441] other times I was also informed at this time by Mr Keith who was then my cashier that he had heard one of the clerks say that the said defendant contemplated bringing out a Directory I therefore spoke to the said Lewis Simonson on the subject but he gave me to understand that he was looking out for an^other^ engagement as a canvasser with Messieurs Johnson of Hatton Garden 17 On the 13th April aforesaid the said defendant William Ashbee absented himself from my office and sent to my office a letter which is produced and shewn to me at the time of my being sworn to this affidavit marked M 2 and a copy of which is as follows "Mr Keith I wish you would be kind enough "to tell Mr Morris that I feel so unwell this "morning that if I go staring over that map "to day, it would so bewilder me that I "should be fit for nothing and you will also "oblige me by sending my money by Phil "Your truly William Ashbee" - Mr Keith accordingly paid Ashbee's wages to his brother in law Philip Hale as requested and Philip Hale signed for the same in my office Book on the said 13th April and from that day the said William Ashbee has never communicated with me nor to the best of my knowledge has he since been in my office 18 On 16th of the same month of April the 10 [page 11,image 442] said Lewis Simonson wrote to me a letter which is produced and shewn to me at the time of my being sworn to this affidavit marked M 3 and a copy of which is as follows "34 Brook St Holborn London 16th 1867 "Mr Morris - Dear Sir - Will you be kind "enough to give me a written character as it "may be of some use to me at any rate "it can do no harm by complying with the "within request I shall feel obliged and I am "as ever Yours respectfully L Simonson" 19 Previously to the receipt of this letter I had become convinced that the said defendant intended to bring out a Directory of some kind and I had prepared an undertaking in writing for the signature of all persons in my employ and had obtained various signatures thereto the paper writing marked M 4 produced to me at the time of my being sworn to this affidavit is the undertaking I refer to 20 I also on the same 16th April wrote to the said Lewis Simonson the letter of which the following is a copy - "16 April 1867 "Mr L Simonson - Sir - It having come to "my ears that you are endeavouring to induce "certain people in my employment to join you "in your undertaking I have to inform you "that I have caused a bond to be signed "by those engaged in the Office binding them "not to do so and shall not retain any 11 [page 12,image 443] "Canvasser who does not immediately sign it "also - I have further to inform you that any "person so leaving will never again be employed "by me and that should you embark in such "undertaking I should not employ you again "either but as there is still a possibility "that I may have been misinformed I shall "retain your position here open for you all "day to morrow but unless I hear from "you to morrow stating that I may depend "on your going into the Country for me "immediately after Easter you can not again "join us - Yours &c J S C Morris" I do not remember whether my said letter to the said Lewis Simonson was written before or after the receipt by me of his said letter I never answered his said letter nor did he answer mine in writing but I saw him some days afterwards as hereinafter stated 21 On the same 16th day of April I wrote to the said defendant William Ashbee in London to Alexander Lamb at Manchester and to Edward Dutton at Manchester a letter of which the following is a copy "16th April 1867 - Sir - It having come to my "knowledge that Mr Simonson has been "tampering in a very underhand manner "with several people in my employment "with a view to endeavour to induce them "to join him in some undertaking I have "resolved at once to find out if any really ______________ 12 [page 13,image 444] "intend to do so and therefore herewith enclose "for your signature a paper such as I have "caused to be signed throughout the Office and "have to request that you will send it back "to me signed by return of post unless you "desire to leave me at once and the non return "of the enclosed will be considered to imply such "an intention You will of course understand "that this is nothing personal to you as I "expect it to be signed by all - I need scarcely "add that any person leaving my employment "under such circumstances shall never again "enter it - Yours truly J S C Morris" - I say that neither of the said persons to whom this letter was addressed had ever given me the slightest intimation up to that time that they contemplated joining in any confederacy against me and I wrote it in order if possible to frustrate the said Lewis Simonson who I suspected was endeavouring to decoy away my best men 22 Some days after the said 16th April the said Lewis Simonson called on me and produced a small pocket Directory which had been published in America and admitted that he intended to bring out a Pocket Directory of London on a similar plan and he endeavoured to prove that his so doing would not injure me in any way I looked over the book and told him that I considered it would be injurious to me as those who purchased such a book would most probably decline to purchase my Directory ____________ 13 [page 14,image 445] 23 With reference to the 9th paragraph of the affidavit of the said Lewis Simonson I say that on the day therein referred to I was going to Poland Street Oxford Street and in walking down Newgate Street I saw the defendant Lewis Simonson Edward Dutton and George Michael Ickram in front of me and as I was walking faster than they were I passed them and knowing that the said Lewis Simonson lived at Brook Street Holborn I continued walking quickly until I had passed that street after I had walked some distance and had slackened my pace I was surprised to be accosted by the said Lewis Simonson who had followed me and was almost out of breath he began by saying that I had walked so fast he could scarcely catch me I do not remember whether he caught hold of my hand as he came up to me but it is very likely he did for he always shook hands with me if he could as is the custom in America at first I thought he had begun to wish himself back again in my service and I allowed him to walk on beside me as far as Poland Street he referred to the intended new Directory and stated that he had laid out money for amongst other things books which had been cut up for the purpose of canvassing for advertisements and for which purpose he had cut up my Directory but he did not then or at any other time tell me that he _____________ 14 [page 15,image 446] had cut up or intended to cut up my Directory for the purpose of composing or printing his intended Directory therefrom I told him that it would have been better for him to have remained in my service and he replied that he did not expect to do better than he had done with me but that he could not afford to throw away the money he had laid out I believing that this was said by him merely to sound me as to buying him off then said that I was not particular as to a £10 note but that I would not go into any question about compensating him for money laid out in preparing for a work that would injure me if carried out he then said that he did not want me to do so and that he should go on with his book I then told him to think well first as he was the only one of those he was associated with who had money and he replied that although he had it would puzzle anybody to prove it I also said that I doubted whether any printer would undertake the book but that if he was determined to try I thought he would burn his fingers and I referred to other books he might have done which I considered would have proved successful without attempting to bring out a Directory in opposition to mine and ^I added that^ in such a case I would even _______________ 15 [page 16,image 447] have assisted him on account of his having been so long in my service I complained of his having decoyed away from my employment men whom I had taught the business at great labour and expense but that I was determined to show him as I had told him before that I was the Directory and that the Canvassers were not I also said that if he came to me on the Saturday following ready to return to his work it should be open for him but if not I desired him never to come up to me in the Street again I told him that I considered myself unfairly treated and that he had been a party to a conspiracy to injure me and that I should watch him and that if I could get him into a corner I would and towards the conclusion of the conversation I became angry and said it would be open war on my part and that if it cost me £100 or £1000 I would do my utmost to punish those who had conspired to injure me 24 After this ^ and until the defendant's Directory had been published^ I never saw to the best of my belief and certainly never spoke to the said Lewis Simonson except when he came to my office for blocks belonging to persons who had advertised with me - _______________ 16 [page 17,image 448] these blocks I handed over on receiving the written order of the persons to whom they belonged as I was bound to do but on all these occasions I was annoyed at his calling and considered that he called at my Office personally in order to annoy me or to see what was going on there and I took little or no notice of him 25 The charge for ^printing^ names in capitals in my said Directory was always 1s/- up to and including the Directory for 1867 but for printing capitals in the Directory for 1868 two shillings has been charged by me 26 The statement in paragraph 13 of Lewis Simonson's affidavit that I was annoyed at his leaving part of his papers with a customer does not contain the facts my printed instructions distinctly forbid forms to be left with customers for the reason that it would lead to great confusion and to names being omitted from the Directory because we should have no check in the office that such papers were ever called for again ^it^ was on this account that I complained to the said Lewis Simonson and not for the reason he gives 27 Edward Dutton Alexander Francis Lamb Frederick Edlinger George Michael Ickram Philip Henry Hale Arthur Ginger and 17 [page 18,image 449] George Taylor Wright who have made affidavits in this cause on the part of the defendants and also Benjamin Bennett and Robert Bruce in the defendants affidavit mentioned were all of them in my employ and none of them had even worked on a Directory until they came to me and I taught them their business 28 The facts and circumstances hereinbefore deposed to by me are within my own knowledge except where the contrary is stated or otherwise appears J S C Morris SWORN AT No 5 WALBROOK IN THE CITY OF LONDON THIS 19th DAY OF MAY 1868 BEFORE ME John Biggenden A LONDON COMMISSIONER TO ADMINISTER OATHS IN CHANCERY Filed on behalf of Plaintiff [page 19,image 450] Copy for Benham and Tindell 18 Essex Street Strand