Transcription of affidavit from John S. C. Morris. Source: "Morris v. Ashbee", 1868, cause number: 1868 M81; The National Archives of the UK (TNA), ref: C 16/514/M81 (http://discovery.nationalarchives.gov.uk/details/r/C7896228). Transcribed by Tony Proctor, 10 Sep 2015. ================================================================ [page 1] 1868. M. No. 81. In Chancery. Total folios 16. LORD CHANCELLOR. VICE-CHANCELLOR GIFFARD. Between JOHN STUART CROSBIE MORRIS - - P1aintiff and WILLIAM ASHBEE LEWIS SIMONSON EDWARD DUTTON and ALEXANDER FRANCIS LAMB - Defendants. AFFIDAVIT FILED ON THE PART OF THE PLAINTIFF BY MESSRS. BENHAM & TINDELL OF No. 18 ESSEX STREET HIS SOLICITORS Filed 24th July 1868. I JOHN STUART CROSBIE MORRIS of No. 4 Moorgate Street Buildings in the city of London the above-named Plaintiff make oath and say as follows : 1. I have read the printed copy of an affidavit purporting to have been made by the Defendant William Ashbee and filed in this cause on the 17th July 1868 and with reference to the first paragraph thereof I say that there is no Frederic Kelly of Gate Street Linco1n's Inn Fields printer to the best of my knowledge and belief but there is a Mr. Edward Robert Kelly of that address who is a printer and publisher of directories and I say that neither the said Edward [10] Robert Kelly nor the Mr. Frederic Kelly referred to by me in my cross-examina- tion before the Special Examiner in this cause have or have ever had any interest whatever in my Business Directory of London for 1867 or in the copy- right thereof or of any of the previous editions thereof and no agreement exists or has ever existed whereby the said Frederic Kelly or Edward Robert Kelly was at any time to become interested therein but it is the fact that in certain events which have not happened the said Frederic Kelly and not the said Edward Robert Kelly would have become interested in the editions of my said directory subsequent to the edition for 1867 and I say that I am not a trustee of the copy- right of my said directory for the said Frederic Kelly or Edward Robert Kelly or [20] for any other person or persons whomsoever. 2. With reference to the statement contained in the said first paragraph of the said affidavit that I produced to the said William Ashbee an instrument in writing which I allege to be an agreement between me and the said Frederick Kelly in relation to the alleged interest of the said Frederic Kelly in the Business Directory of London I say that I never produced to the said William Ashbee any agreement between myself and Mr. Frederic Kelly but I perfectly recollect accidentally exposing to him the agreement referred to by me on my said cross- examination The said agreement was kept in my private drawer and having occasion to go to that drawer to give the said William Ashbee a receipt book I [30] observed him reading the endorsement on the agreement and I stopped his reading by turning it over but I did not allege as he states that the said agreement referred to any interest Mr. Kelly had in the Business Directory. 3. With reference to the third paragraph of the said affidavit I say that I am not aware and I do not believe that the said Frederic Kelly has any knowledge of the existence of this suit I have never communicated with him thereon nor did I employ my present solicitors at his suggestion. 4. As to paragraph 4 of the said affidavit I say that I have registered each edition of my said directory at Stationers Hall. [page 2] 5. As to paragraph 5 of the said affidavit I say that the Defendants solicitor having undertaken to produce at his office the copy or a portion of the copy from which the Defendants directory was printed I attended at the said office on the 15th day of July 186S and there saw a number of pieces of paper which were stated to be the copy from which the Defendants directory was printed these papers were not in order or arranged either in trades according to the plan of the Defendants directory or in streets and I was unable therefore to examine names contained in any one classification or any street nor could I judge as to how much of the copy was produced I therefore merely looked at a few hundred of the [10] papers and I saw first that a large proportion probably one-half of the said papers consisted of cuttings from my Business Directory for 1867 pasted on printed forms in the same way as I used such cuttings for the edition of my directory for 1868 Secondly that in a large proportion of these papers christian names as given in my directory had been abbreviated or reduced to the initial letter Thirdly amongst the said papers was one under the head of Seed Merchants referring to H. Tabrum & Son which had been cut out of my said directory the name Tabrum H. & Son appearing both in my directory and the Defendants in the ordinary type and without extra lines and therefore no payment having been made in respect thereof to either of us Fourthly I found three instances amongst the said papers with [20] names in capitals being cuttings from my 1867 directory which had been printed from by the Defendants without the capitals the Defendants evidently having received no orders from those persons These cases were Robb Alexr. under "Biscuit Makers" Cavendish Hotel under "Hotels" Ramus Isaac under Antique Furniture Dealers altered by Defendants to Works of Art Importers In these cases the name and address had been written underneath the printed name and address but whether that was done before the copy went to the printers or not there was nothing to shew. 6. The facts and circumstances herein-before deposed to by me are within my own knowledge except where the contrary is stated or manifestly appears. [30] Sworn at No. 5 Walbrook in the city of London this J. S. C. Morris 24th day of July 1868 Before me John BIGGENDEN A London Commissioner to administer Folios 16 oaths in Chancery.