# Record P — Nye & Nissen v. United States (No. 228) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386406_0128%3A04 ## Record - **Collection:** Supreme Court brief - **Document type:** Record P - **Published:** January 1, 1948 ## Text ae 4 210 | Nye & NissenwSand 4. Méncharsh - that’ 1s in evidence is not included in the exhibit . . ,o gt . - ° ee, . . =: @ F ’ » en ee | (Testimony af Robert B. Merielé, ) * ers « Al? That is de fined i note specifications for in - dividual shell looys, FE hibit aes ete @. LT see'the words “U.S. ( heek and “US. Leakers” noted: What defines a U.S. Cheek and 7 a U. S. Leaker & | ee ae - A. ‘Those aire. alsa defipeéd in U, Ss. exhibit 21.7 Attention to the first UL w+ orade, the -second: line thereunder, following the wel ‘shell’? is thee word ° ‘eling.”” What defines . Q).” Directing you a cling shell? R Mr. Faulkner: .We object to. that as incompetent, irrelevant and immatagial, hot binding On the de- fendants. ; Soe. > Mr. [Lip peli: ae ‘ttempting to sliow Phat the information’ pene! on: this chart is. contained “in the U nited States kxhibit No. 24 for Ide intific ae Tion, to which ‘Mr. Faulkner has objected on “the _ ground that the information contained in the chart 21 for’ Identifigation. aitges 0 Mig “Faulkner: oT lie Court bas pe rmitted the doc- ument in evidence e,if the Court ples we, and TP umnder- stood vour Honor sustained my objection on Ex-. Pihit 21 and indicated to Mr. Hippeli that he nad * “not brought home that document to the defendaats. : Now: he ds trying to bind the. de ‘fendants with thi? ae umnent in cireumyenting ‘the Court's ruling. in ‘other words, tf he is wong to. have eyerything i Exinbit’ 21 read, in evide nee by thee witness, Une Di ae Je brings it hoine to. the defendants-—- a itp ee Bee | . 0 nited States of America ~2i ay calmer ‘of Rohe rt B Meriele. 4 The Court: ° You tay’ ‘inilicate What ‘this cha ue Poi e indicates.” -You miiy deve lop that’ Mr. Hip fii: “What. bo am attempting to do, your Honor, is to vet. & nited Sti ites ixhibit No. 23 ms into bvidence and the chart, knowledge of which, | has been brought home to the defendants, the iii formation contained on that chart, and a fiw ther i ‘ definition wf the terms contained on the. chart. are set forth in lexhibit ai, which, f dey tu offer after | : [bring that fact out from the w Itnpss. er | Mr. Faulkner: : But that does not. bring it home | to. the witness. ‘That was the s the point of the Court's. * ruling as indic ated by the Court. | The Court: They are not bound by at unfless i is established that. they were served with a CODY, had knewledge of it, or had brought home in some ; manner ‘to ‘them the contents of -it.» We will take ° : a Kecess for a. few. minutes a te eo a tae ge . ,CReeéas. \ ioe : Y Mr. Hippeli: G. * Rete ring .: to United States [Exhibit 21 for Identitication, United States Stani- ards ‘for 4 Quality for Tpdividual Shell ges oem My. Faulkner: We object to that as a designa- ~ tion for that [67] ‘document, vour Honor. 1 have hada cliance to look at-it. The document. is this: This is a docume nt, to he emploved for the ‘gi rading and coptitic atom, of shell eggs by offic ial vraders of the U ited? St: ites, That is all it is and th: it is all it purports to ha an inter- rome ation between Cyc départinent Kv another ‘to guide U.S. gt raders, . tot to euuide. the business, We have lets of them to! A ’ “ . . ¢ 2 Nyowd Nissen and A. Moncharsh (Testimony of Robert B. Mericle: ) eae At guide fhe business, and when they come along we, lave ne. objec tion, . Mr. Thippeli: His objection i Is to my Use of the name which appears onthe top of the document. -T ani using that to identify the exhibit. . Mr. Faulk: It is exhibit 21. : Mr. Hippeli: Does: your Honor care to ryke on: tat) Dye. ; . § ee \ Fhe ‘ourt: There is-nothing before the Court. Mr. hk ‘aulkner: = | was not objectiny; I was’ ad- vising tht ‘Court What the, document on- its face > tire ESI parports tebe, — te DA 3 Mr. ilippetiz: .Q. Doctor, directing your atten- | tion to United States Exhibit No. 21 for Identitica- tion, | will ask you if vou ever saw that exhibit or a copy of that exhibit down . the Nve & “Nissen pli int in San Francisco? | * Yes. Q. Approximately when, ee ? AL. Se ‘pte niber : 1944. Q. Whe was present a A. May Moneharsh and, Mr Goddard. Q. Was anyone‘else present? A. -No. _Q. Was any conversation had at ‘that time ? 4. It was with reference to the discussion of individual Shell egg quality, Tox]. Q. Will vou tell us w hat the conversation Was. tent, irre fevant and immaterial, hearsay, ‘and. not. aa Mr. Paulkner: We will objett to it as iIncompe- testimony that will have any effect on the offenses charged its committed in the month of May, W944. The Courti A. conversation with whom ? the . oy ee United States of America Sais, (Testimony of Robert B. Meriele.) 20.40 6 | Mr. Hippeti: dt ‘is a conversation between Dr. Mericle, Abraham Mone harsh, one of the defend- afts, and Ma. Gada: way, anothe r one of the defend 4 anits, ee OS 0 United States - Exhibit ). i Tdenitifieation. - , Mr. Raulkner: “Not binding on any other de ‘fend- ant except those hazed, . : Res The Courts. The> objection, ai he. overruled. You may ansiver. It is limited to the cenversation, "With the defendants. “Did you fix the time ?* aR Mr. Teippelit Yes. September, 1944. * Mn. Faulkner: - Five mouths after the claimed- 3 st > “tonimission of tlie substantive offenses, your Honor, a conversation between two of the’ men, is now offered -as: binding on alle the defendants en gall. eounts: . ; eae The Court: 1 oil allow it as a preliminary anestion. | a eee thse Mr. Hippeli% It 3 is. within the pertod of the éon- “spiracy, too, your Honor. 7 “IN Mr. Faulkner: I did not make ‘any objeetiog, on 3 ‘the conspir ae y count, Mr. Hippeli.. I objected to a : - conversation in [69] September, 1944, whieh has for its purpose the binding of other defend; ints Og! a straight offense ¢ harged in May, 1944, ainlyss they ~. Were present at that conyers ation. Cece, y The Court: It is Himited at this: time * the de ecumes that he had the conversation cat } . Tippeli: Q. Will voertoll us the substance ee conve sation, Doctor, please? : | a 1} was a disen ussien between the quatty (of ; - ; -@ . « . *. ad 2 ‘ : 214 Nye & Nissen and A, Moncharsh. (Testimony of Robert B. Mericle. ) et ; Grade A and Grade B eggs,.and ir “the dise USSiOi & the&pecific ‘ation Was checked as to what Was inter. preted as a Grade A egg and what the different quality factors were’ as they were written in thie specification. o ia ~Q. Did Mr. Mone harsh refer to Exhibit 21? AL. Yes: we. ae & — Q. Did Mr. Qoddard? Be” FB Coe Q. How did they refer to it? ©... > A. - Ass the specification, copies of the specitiea- ’ im 2 OE Te eins , Q. Ww hat did they: saby about. it? ae eens terior quality of snell eggs. -- Q. Were they referring to that in interpreting the interior suai ft the eggs? A. Yes——°- Mr. Hippeli: @At- this time, your Honor, I -will —re-offer Exhibit 21 for Identification in evidence, in . the first place as to the. defendant’ Nve & Nissen, the corporation,. the de fendants Abraham ae charsh and Ruby Goddard, and secondly I offer , in evidence as agaist al! the defe nalants ests of the fact that these standards are an.official regu- lation of the [70] Department of Agric ulture, of. which the Court will take judicial notice. They are a matter of Jaw of whic: the defendants are pre- > ~ } basi to have knowledge. “In that. regard I have a. citation # a Case. if your Tlonor cares, TP will read itfot you. It is to the effect that: the: ‘regulations of the Department “of “Agriculture, the rules ‘and. regulations, 4 mat- » Z ad A. Ht was a matter of inte pretation on thy ine ————E Vs, United sit hc than merica eo San oa Testimony of Robert B. Me ‘rele. ) ‘ters cof which the Court! takes judicial notier. | ; vs nit.that the ‘vy oare riyitte rs of haw ‘whielt therde- fehdants areepresumed to have knowledge of. cen Mr. Faulkner: Your Honor, I think [ean B elear fliis wip by a question of this Withess. : Q. Doctor, “isn’t it a fact that in 4942, 1938, 1M, 19-44 and 1945 that the Department of Agri- en liane mailed to people in. the poultry and the egg business! certain official doeiuments rel; ting to the stand: rds of ggs? A. Yes. : . . .Q. And they did it in 1948 anid 1944. isti’t that ao 2. Sane. ae fate : i j Q.. Exhibit No. 21 is ‘not one of those doc uments, - Mitts. A eae: ts | -Q. Now, Dr. Meriele, isn’t this document .that. you sent to. Nye’ &. Nissen relating to grades of eges?\ Isn't that what you sent te companies like > Ny ve & Nissen? Yes, or no, ple ase? A. 4¥es. document? . hie Mae as Mr. Hippeli: May we identify that document, please, for the record ? (71 tae 2 Mr. Faulkner: Defendant's’ Exhibit’ A, “your Hontey We will tak} the letters. = 0. Mr. Mippeli: : Q. ead What. is on the ‘top that document,’ Doctor? : * : : AL “Pontative, U.S. Standstde and Weight. / of”: : Classes for ‘onsumer Grades of Shell Eggs.’ rey? And that is the document that vou re res forring to, Doctor? + i ce ial _ —@ ae 3 ¥ . + 7 7 Faulkner: Tat is the document: Nve & . -Q. Isn't that what N¢e & Nissen acts, on that—— wef Hh ; er aes r 2 Nyc & Nissen and A. Moncharsh _ (Testimony of Robert B. Meriecle.)” ie ‘ ” Nissen had. "Fhey “did not have this document, . Mr. Hippeli. >. Oi ree os ee ee ea Mr. ‘Py ‘att: L object to that. statement of counsel. - | The evidence. Is. already that they did have this oe document? Mens ae +. ; ; es a. Taulkner: ees statement, your Honor. | | | un . ‘Tsu’ t that the: doc sament that the ecarasctt ; business, such as Nye & Nissen? of “Agriculture sends to companies Tike Nye Ke -.in September of 194427. A. Yes, sir. S sends to the producer.or the man engaged in the . AL Pardon me 2, 3 : | Ailing To eiane the doenment. that ‘the Department Nisse nt A. - It is one of them. Q.. Did 1 understand you to. say that you saw that document in_the. possessgorl of: Mi Mone harsh e 7 Q. That -document. came from Mp _Mippeti office; front your. office, didn’t it? a Seas Not from’ my office. “ Joe ee "Q.. It came from. Mr. Hippeli, didn't it?” ‘A. Yes. . i‘. 2 | . ; . | ; co —Q.. Then vou. did. not see that doeument in, Mr. wr ‘ _ ae sn Ps © Monecharsh’s possesion, did vou? « — - _% A. Technically not that particular document. Q.¢ Did vou read the document that vou saw in- this possession? 9. AL Yes. | Sper ieee -Q. You read it. Nil of it? ; ae a i The particular part that we were interested | int or concerned in at the’time. | | Q. Isn"t that. the document that you read}: . United States: ‘of Americia | ‘217 (‘Testimony of Rober 1 RB. Meric le.) ae AL: No. ake fe Wa pee ~Q. * Ave yrow certain of that? A:.— Yes: , ~ Mr. Mippeli: May I siegest that. this document Mr’ Faulkner has in his hand be marked “for iden- tification... ba at The Court > It may be admitted and marked. (The document in question was tharked De- | fendants’ Exhibit A for tdentifieation.) = Mr OF aulkner : We renew our objection, your Honor, to Exhibit 21." he Ese —— an —— The Court-— jeerton Will he overruled. _———__—— t 5‘ 8B ~ - Mr. Failkner: : Exée ‘ption. | Mr. Hippeli: We offer E xhibit 21 into evidence. | Mr. Faulkner: Your Honor, “Mr. Sullivan ealls my attention to the f ract that’ in-the legal argument adgressed to your ‘Honor by Mr. “Hippeli he -re- een > o ferred to that doe cument _as-a-regntation. “Tt is not to afl doe : “a vegulation, It does not purport té he a regula- tivar, i is an instruction to official gre aders and it is not a regui: ition of the Departinent- -of Agricul- “~~ __ tive that comes within. the meaning of that case. I Imagine, your Honor, -there is not 2 seintifla of difference hetween the’ paper we preduced so far as . egg standards are concerned and this Fcument. My-point [73] is that this docuinent does not bind Us, your Honor. Tt does not purpert tea. Git is: not’ supposed to. And itis not a regulation. 3% i Mr, Wippeli: Mr. Fanlkner has stated that this. Is merely a directive, an. inter. departmental direc- tive. T maintain: that the- doc aimbnt shows an its face that it is the Department ‘of: Agriculture's . “ . . : "Oe y ~ gated.” 3 ” 218 ; Nye d& Nissen’ ‘avid. Ay Soncharsh (‘Testimony of Robert B. Mericle.) statement of what the standards for an individual she Cag shall be, and” the pre amble cof the dovu- ment, itself—~nely Toband a eppy to vour Honors- the title on the very: top says, ** United States Sysiath ard for Quality for Individual Shel Kegs.””) The. next a is, “Order of I -yomulgation of Stand. ards.’’. Atid then it continues, “By virtue: of thority vi sted in the See retary of Agriculture Be ‘ eee stafate= and the last sentence: thereat is, “These standards ‘shall supersede all standards 2 individial quality of shell eggs previously promulgated under such authority.”? 4 ; ao Mr. Faulkner: -You do not read. this. It ‘says, . “The following standards are promulgated as offi- | cial United States Standards for quality. of. in- dividual shell eggs; ‘to be employed for the grading and certification, of shell eggs hy official graders of the United States Department .of Agriculture and to be in. foree and in efi ect on January 2, 1943, and thereafter, ‘as Congress: shall provide-the necessary authority. therefor, unless amendéd. or superseded _by —" hereinafter prescribed ard; promn! - .-. They are standards to be employed by offic ral graders. Fhe othe? document, vour Honor, ts what Nye & Nissen and thee £7 4] other firms rec Mr. Li ippeli: The wifes Nias . sevlifiad. they: are the staiidards of the Departingnt of Agriculture. They ate the stat dards in Laced Nance with Which. the United States Department of Agri ie ulture grad- 3 ers grade a particular individual ere. They are. co * fr saecrsargemne—~- h Rene oo te ae Us. v nited States of Amer rica : 219-° ( Testimony ot Robert B. Meric le. ) the Standardg in accordance w ith which sabes were... made, the w Press has, testified, to the War Shipping’ ‘\Adninistration, the Coast Guard, and the Navy. They were the standards. in iccordance “wil whieh — , these sales were. tested ly Dr. Meri¢ Ie, “hims self, the United States. Department of Agricultie inspee- aes tors, under his service. * We have not produced -our & whole case here, but in the indict; ut, itself, the | charge against the ‘defendants is. that’ the: Vv were” : . defeating this. inspection service. - The” Inspec tion -— service ‘are inspecting in accordance with these ”: standjirds. _ Furthermore, \ the indictment in the. © _. substantive: counts’ charges that. the defeddants ‘e/ * themsclyés, were selling a-medium A egg to ‘the . United: States. ue 3 = s It will, be further brought’ out, frort the witness that this medium A—the: A referred to is. the AU. referred to on this chart. 'T he A referred. ois the” -. ‘grade of. ege which is. defined in the standards t that are before the court how. At the present time I he lieve Mr. ‘aulkner*ha’s brought “ont. from: the-. Witness that Exhibit 21 was mailed te the defend- ants. Tt’ Was seen in their présence, (It. was dis-* cussed. with the ‘m down there. And the witness has « - ? further shown that those are [7 5] the standards: of - ‘the United States Department of Agriculture. The Governmeént therefore renews. its -offer. The € ourt: The Court is new: prepared to rule. Ww hat is he fore the court? eS : Mr. Hippedi: The admissibility of US. Exhibit 21 inte evidence. : a : \ = ‘ ; : a *, are are the regilations. ea eae a4 ee . : = a Ce a ee ( (Testimony of. rt B: Mericle.) Ree cases Whe-Ceart It may~be admitted and aiarked. The objection will .. overruled. ee Mr. Faulkner: Exception. “a8 ie ae — a an 24 —for—Feteiitifie ation Was | ie therenpon, regeived it ev ide nee.) Mr: Hippel: Q. tioetae, 1 will ask you gen- erally what are the U nited States: grades of “egys ?. ‘Mr. Fa nulkene r: W «object: fy that, your Honor, bacaien this document aE in eyidenge speaks — for itself and that determines it. “This document © dete mines what the frades are nude iy the ruling of *- the eourt. as i a _. The Court: “The only way. the? jury will be. able . to knew that ts to develop thh faets.: Mr. Faulkner: Read it te them. . _ The’ Court: Read it to thetn if you wish, “Mr. Hippeli: sThe 1 vay. the Government desires to ‘present this, your Honor, is. ‘to have the | witness, in reading the chart to the jury. to explain to-.the . ejury what is meant by that.. ” The Court : “Very. well, proceed. [76]. .. Mere Hippel: Q. My question, then, Doctor, is what are the a: S. erat des of. eges? | ae Mr. Faulkner: We object to that. on ihe grounds _ the. best evidence of what the U, 3 .g rades 6f eggs. The °C ‘ourt : | The sabjection may be“overruled. . You may answer. © - . = Ass “Phe gr ades fov individu: Laren eggs are eX- Wa rined in the piettive es on the chart, hich, as you S: e 4: es ‘4 , : . wa *, 3 . e jury may each be. handed a card. the “shell, ‘the air cell, the volk, and the w hite. ous quality factors’ go ty) make-up the respective grades, [77] Let ‘us cover the U- Ss. Grades AA, U idler the shell. requirements vou Will note it says, —— BO lean; unbreken;: normal.” That means that the, shell is clean;-the shell is unbroken, there are no . . : ¢ e, x * am « P . a, . ere G “ht é Ania 2 on, ee Co fo oe veh nited States of America = —-“9or ° ( igetimony of Robert B. Meric le’) ee. a a. will see; ‘are U. S. Grade AA, U.S. Grade Ay AUS. Grade k, and U. S: Creade Cu. 58 “Mr. Hippe i: AW. ith: your Honor’ spermnission, F: have: several. of these cats’ here, and | T would be . pleased to. hand’ one to the Court so Tre may’ follow | ~ the explanation, and there Is sufficient here SU The ? My. ‘Baulkner We objeat to that. as a detivon- fe [3 stration, your Honor. Ate is het the propor method of presenting lease. , tv The Court: Propeed. | ass “one to the jury, Mr. Faulkner: | " Exeption.- i EL Mr. Hippe li: higpe have engugh, your Honor. “The Witness: You. will nate in chéecking the chart ¢ that, “as I inentionéd: previously, theye are four Se? sided: U, S. Grade AA, ET. S. Grade ASULS. Grade Bo and U. Ss. Grade C. aT here: are “various qualities, as you will notice on. “the left. which state eracks, no «hee ‘ks,. and that the shell is normal, that is, normak in. shave, And: the picture, here, shows * “What is ineant by normal, normal egg sh: (pes Q, Doc ‘Sit ‘show atiything, dlse but cle un Whi it are the othe ay \offic ial A ae ; ; Ri 5 e “4 : “AL We have different classifications, for dirty: ° shelly, Which are classified separately, as you: will . Puri: ° ; . 7 ‘ a Pin b Ply % ee ; Arey Wheat EMG oe A * >. * te ° , ° ra - . , - . ; z : ty 3 t Vari- + = + vw o 2 — . *- J ,; r a Nye. dé wal ses Moncharsh . o: ( Testimony of Robert Bt Meric le. iy _ note dew in the lower ‘left- hand ¢orner: in smal! ‘type, veferred to prey iously. ‘There-is 1. S. light dirty, and U.S. dirty. That is where-the-shell_ has ‘beeome stdined or dirty with either loase, adhering > dirt, or in otherleases small stains; or in cases where ‘there are large stains om the eug shell, or, in cases where, there is sufficient adhering dirt that it, covers “practically the entire shell.” These are classified in either U.S. ight dirty or dirties., ; Q. Are theré any classifications of unbroken shell? | og ' | » A. Yes; a classification also in the note of U. S cheeks and U.S. leakers. The U, 8S. cheek is “an egg. where the shell, itself, has been cracked but ~ _ the shell membrane inside the shell lining it has not» heen broken. | It is just a erack in the continuity of - the shell, A leaker As the same egg with a cracked shell, except. the inner shell membrane has “been cracked-and the contents are free to exude or le ak from [78] the egg. ; ; ) _ Checking now your. U. S. grade-AA, -the air cell, if states the ‘air’ cell must be .one- -eighth ineh in depth, regtlar, or slightly wavy.’ Now, the air cell is this little light-colordd space at the top ‘of the ; egg. You,can see the sizeof. it t and. you can see, the dépth of it The maxirient “depth is one-cigh fh ~ineh. ax: | ‘QO. - Daetor, i> explaining. the, volks fnd.air cells - possibly this chart may. be of assist: nce to you, J-would like. to have a chart entitled, Eggs, re- | ain grades and uges”’ marked for. identifieation, Pe oi nited Statesebf America — or} . (Testimo vof Robert B. Meric le. ) C 1e ¢ document w as. marked tv. ° xhithit 24 for. Identification. ) i “- Faulkner: 1 should like’ the court to see this. . document when the Goy ernment offers it in evidetice, - “Mr. Hippeli: _ Now, will vou continue? You were "describing the aix cell to the. jury. *° . Mr. Faulkner: dust’ ai ‘minute. ‘ We ‘Ghjeet - te SS the witness ising something that Was not prepared * by him or under his direction. ‘Phis is Re a L frepared by the Poultry and Egg. National Board bf the C onsumers Association.. “Mr, ‘Hippeli: Q. Does 23, the last ege chart. handed you,*depict the grade of eggs in conformity tothe United States standards. for individual, Shell eggs ? pe : So Re ‘ 4 i Mr. Faulkner: We object to’ that as calling for the opinion [79] and conclusion of the witness. » * The Court: If he knows he mis answer. — 10 ae Se 7 : ee | Mr. Faulkner? Exception. : or, es Mi Hippelis JQ. Have vou “‘usfd ‘this chart in- explinning the gr ades of eggs to veur er: aders and | inspectors? a es yeas : Mr Faulkner: We object te that-as et binding on the defendants. The question before this cou rf is what the industry uses, how they grade eggs, net.” how actlass | room of ‘inspectors are instructed, your» ‘Boner: «= Fa ee | The € Ouegt : Y on ave limiting this to the, Inspic- fogs and they are not. hound. f 4 224 - N wert Nissen and lA “Moncharsh \ & C Vestinveny of Robert. B: Merie Je.) ; Mt Miyspeli:. ~My next question is, as Mr. Faulk: e. Her hi is suggeste id. does Uils pertain to: the didustr vi | Thre Conrt: Proceed, : A.- Yes, sir. | 2 Mr. Patlkner: Eixce coon, Mr. Hippe Hi: Q. Have’ vou used this egg chart in explain oie the eharacter and GB lity of CBE to. ee industry ? Xk Mp, Ba ulkaners Your Honor, Nve'R'Niasén Com: pany ites deen in the business laahy years longer an this gentleman. Did Te ever talk - to thei oe ‘abou! it? The¥ ean’t bind Nye & Nissen and the defendants by some leetures. ; . Mr. Hippel: Tam merely going to use’ this for the purpese of demonstrating to the jury the grades of eggs. [80] _-, “eS Mr. Faulkner: I object to a trialeby demonstra- “tion, if the Court please. That is,.in that sense it is not-evidence, ie : Mr. Hippeli: I+ am- not offering. it in evidence. : I am offering it to the Witness. to use for the’ pur- pose of demonstrating the grades of eggs and what: appears on this chart he says confor xt the grades sot fi gh | by, the U mited, States De catb at of Agri- Pike ree ° oO , . - . we -°Mr. Kantonea “My. piderstamding of the role at _@ ‘ : . : law asy your Tremor, yott-are not to tse any doci- % on , in) ae H Dare Oe Se it To pefres thie Fe eoitoet ge wi: the Wittpess ‘itl. or eantrol ; ri ! e-.@ ; ee. | thie stag unless if was prepared amden tis divvetion | ® . ee ee \ ae vs. United: States of America, .° Fp: iestineshy of Robert 5. Mericle. ) Ki a» ¢: Fhe - Court: Tints’ & a docnment that: was pre- pared in Chie: age, chante Sipe ace ae : wieage |? Hippeli: It. is i private pitblie ation but it contains the’ grades to conform fo the & inite od States “grades. It is a convenient chart, ora The Courts Q. cls that ‘x fact? . > Ves: yee" , an enlarging ofgthe air cell ; the top. You see the 1 maximum: depth of the. uy eel! there 1s two-cighths’ of an ineh. The yolk is outlined, farrly well define’, Ver ean abost ee a peneill and draw antoutliceereumd the wali Ph oO - vs. United States of America — 227 ae ; ey is e * 3 . : ‘ te (Testimony of Robert B. Mericle: | mg @ Was the way we designate the different, quality tae . a. Ta tors here hetween the grade A and the graidé@ AA. - The. white must be clear and reasonably, rn; You — ean se C there is a breakdown in the white. there. if vou. took a. CPOSS, section of this eve vou wold Sa see the yolk is not as upstanding as i is.in the AA, The thick. white Is not as much around the side of the volk as it is in the AA, Brike nn out on a flat surface, vou can see. the thic k white larger than if will [83] be in the previous ong discussed. "The Grade-B. Vou will note here it is eo same, “as far as the she IL.is coneeriied, with. reference to ~ leantinkess, The Grade Bumist be a clean egy. The shell rust be unbroken. However, they do permit slightly “bnormal ‘shells, a slight abnormality there with reference to shape. ‘Maybe a slight ‘ridge y around it or a.slight roughness, Which is permitted ~—slight abnormality. The air cell there again; vou will note, has had another. one-eighth shrinkage added to it, whieh makes a three-eights inch shrink- -aze in the air cell. It is very small. It may be free, That isy-at times’ this air cell is completely loose ° from the egg and may’ move from «rie ene to, the | ¢ other, depending.on which end of the egg vis held © Upright’: As to,the volk, the or thine is well de fied, and may show de ‘finite but not serious defects, He re Vou ean readily see the volk. it OU ean. take A peneil and draw the ex: et outline of the volk. ‘Aid it rinyy -shaw-de ‘finite Init not seyious defects. - Mose are: defects: whieh will appear ; con the surface ef the volk, whieh ean he de ‘tocte “(l hefore the candle i in the a4 > _ /. 2h 228 “Nye d= Ni TSSEN and 7 Moncharsh Cc Celine of Robert B. Mevie Ss eee Base process of eandling. The" white may be slighthy: eiveak, “There, agaAIN, Von will note that when this egg is hroken ona flat sur: née the white. will spread out consider rably more than it will in the Grade AA, You will see the same ¥ariation nates the rade Band. the erade A aassyor would see he of yeen thre grade A and the grade AA with referenee to the white, -As to the actual beerkdown of the s white, you [84] liave noticed’ when you have broken a » rade B° egg into a Skillet, when they ‘are poached they will run to the side of the, skillet, whe Teas i the AA. the thiek white will hold it in one pl ace, . With respect to Grade €, ‘the same shell require ment is there. It must ‘he clear’ and unbroken. It may be abnormal. ‘By. almormal, there are the ; exceptionally long eggs, the eggs that do not cone * form to The fermi shape as we see here. Maybé it, reaches around the center, maybe reaches around the small end—different: abnormalities, in the shell shape that you see. As to the air cell, vou will note - here the egg has shrunk. There has been evapora- tion from the egg. Yon will notice the air cell here- is continually inereasing.in size as the moisture ®%vaporates from the egg. Tt may he over three- eighths of an ineh in depth. It may be hibhjjee. Ther, again, your air cell Way he broken dow? inte - five or six full etr eells. orlanyv. number, which will] “he individual ae ak ~The volk: Tlie volk maw be plainly visible, Tt may appear dark. You see the ’ darkness on hete that it shows? It may. show visible germ development, but not to the extent mr bf wited Statis of ‘Ame rice 7 999 icons of Robe at B. Me ele.) | &. hefore it de velops Gur enough to be at ‘the blood ring it is clear, but it may be weak and watery. That Is, when the: ere IS broken out, the braken-out ‘ap- pearance, P85] vou will see the v hite will have’ a tendeney to spread. almost ‘in the order of Water same instance will be-Hat and spread considerably: on Grade AA, A, B and €, — cussion : grades, we. have set up CLS. Light Dirty -and U.S. Dirty. . That takes in: conditions pertain- Ing. to ha shell ‘lone. ‘That: js, small stains, such dirty ; the eggs where more than one-cighth of the shel] surface is covered with stains, havjug large parcels of dirt adhering and such, are classified as Dirties. They, ire graded and packed separately, Mr. Hippeli Q.. 1 suggest that you explain “boiled egg. . ; : 4 ‘ boil each of the eggs as shown here and take a cioss hat the volk in the AA.is well centered in the egg. ‘here is an even layer of white around the surface, first two O1 r three dave. . It Is stl i nm edthte eer -. stage. And the white; The white here may be elenr A.- Ina hardboiled ak if vou. take and hard- section through the center of the egg. yor with note. where it shows any blood ring. at the Dlood ring stage. But vou will get a gerin devedgpinenit mothe When it is poured from the enp.° The velk in the ° That, Hrietly, eovers the individual grades -of eges: - “As: [° mentioned briefly here earlier in the dis- as those where less than one-eighth of the shell’s” surface is affecte d are graded and classed as light» how the U.S. grades-of eggs are manifest in a hi ard-. @-. . \ « . . 230 | N yod Nise n and A, Mosk harsh, | Qo 2(Testimony of Robert Lb. Meticl on Mgeneae and that shows: ‘the thick white held the volk in a center, The volk Was well centered. And the re was thick white to hold. it in Mhat position. Q. What about. the air “ell in that egg? . cy A. The air cell would be small. It would be one- eighth of an. inch or less. That [86] ‘an be readily seen when the egg is opened as to the Gopi of-air - cell. On the Gr Rae Ame ? 7 Mr. ‘aulkner: There is no. question, your Honor. Mr. Hippe li: .There is. T have asked the Witness to explain how the U.S. grades of eggs are mani- fested in. hardboiled eggs. - a Mr. Faulkner You asked him’ a “question about a hardboiled egg and he gave the answer. I submit» there is no question pending before the court. he Court: Read the question. , aast t question read by the reporter.) The Cou: Mr. F | 1 Faulk \ that qnestion.* The Court: Q.° Did you? Y ou may’ answer,, - He has comple ted his answer tir -A. Yes. eT aes | Mr. Hippeli: Q. How is U.S! Grade C. for eXa mple, —marmfested in a. hardhoiled. egg? ®. . A. The eross section a U.S. Grade © will show ; be , ae yolk. over .te one side, qnality very low with no _ ss section the volk will - be over “white. On a @ — axe “one beca There will, be cone whoa and very little or no whité on the: a Ke to show that the volk. is not well ce nter ‘ed, and the " vs. United States of America 231 (' sisepns! of Robert bs. Meric ‘le. White o the eége had broken ‘down to the extent’: where reine very little or ne thick white in the “Grade [87] CT and. that the white was. weak “and watery at the time we hardboiled’ that. a Are there any types pf eges avhic hi are of neo United States gerade? °. A, Yes. mnie Q. What are they? - A. Loss, inedibles. -Q. How is loss distinguished from inedibles? What do. vou mean by loss? . A. Loss are eggs whic h would he classified inedible *Weiheae ees Ree ree om mee QQ: What. eggs: are inedible ?, A. Various eggs: which are ine ible, which, con- sist of. black rots—— | pp ete ha oy Mr. Faulkner: Just a moment, Mn. Witness. The question has. been asked, what eggs are in- edible. Is that supposed to be under. the standards laid down by the Government, or Abe witness’ own ; opinion? There are so many eggs. * The eg ges that. - have already. been consumed are inedible, hecause — ; , Q they no longer exist. Mr Hippeli: -Q. Does the [nited States De- partment oof Agriculture define a grade y “No gr ade’ i. “A. Yes. ever aes , Q. What is it? 2 ce A, Any gr ide Of eges which contain oxeessive | anionnt of Joss are. egyes of Wy grade, : - q’ Does the U nited State Departine nt of Agri- culture Standards define loss? ee Mr. Faulkner: We object. to those general ques- fons,” Your? Honor. What. standard? - Tn other which are either 7 ee 232 N ye ad: Nissen and A. Moncharsh. . _ (Testimony of Robert B. Mericle. ) words, if it is before the court and he is testifying, what the document. is, We know it [88] has some semblance of bei ing official. But if it Is somé*other regulation that is ‘brought parene the court, is speaks for itself. The Court: Read the question. (Question read. ) . . & . s The Court: The objection willbe overruled. Hé ‘may answer. one Oa aes : ~ "3 el Mr--Fanlkner: , Exception. | as Yes. ee ai Mr. Hippeli: Q. What is that definition, please? “Mr. Faulkner: We object to it unless it was in existence during the period of. the indictment, vour Honor. iin Mr. Hippelt: ‘Q: I direct vour attention to United States Exhibit No. 21, Ttem 39, Mr. F aulkner : W ¢ object to that ow the gr ound . ‘the document. speaks for itself. The Court: The objection’ will be overruled.’ Mr. Faulkner: Exception. : . A. Item 35 States: “Loss: Eggs that. are in- edible, smashed, contaminated, or containing bloody White, large blood spots, or large and ungghtly "meat — spots or other extraneous and fore eign ma- - ter are classed as loss,’ 7 Mr. Hippeli:. Q. What are bicody whites? A. Whites whieh contain blood. - Ther re is blood diffused through the white. of tee egg. | Q. What are large hlood spots ?._ = | A. ‘Large blood spots are large clots of blood [89] - ~ _ are defined in the regulation. — ‘* vx’ United States of America er one ie . ov: - tet aN a cl GSTINONY of Robert h. Mericle. } Mr. Faulkner: - 1 object te this chiss. of exdiitia- tin, your Honor. Tere is a document that defines evegy tern. Now, whieh is tMeuide the jury? Phe . sie as ‘of these terns ie thie regiketions or the withess’ testimortiy / In other words, ther eo) a term.she has defingyl that is not defined ‘in, the regulations. We are not hound by the witness’ ‘definition of terms when every onie of therh is de- fined in'a doeuntent veur Honor has. Aecopted i evidenee—every one of those terms. .« The. Court: «The objection: will be overruled, Proceed. ‘ ee Mr. Faulkner: Exception. ° 7 , .-Mr. Hippeli: Q.. What are large blood spots, 4 *, please? - : ; : Mr. Faulkner: ° Same objection, your Hone: Large blood spots are defined and smal blood spots Mr. Hippeli: - Are they? The Court: He may answer. Proceed. The Witness: Large blood clots are. clots that ‘are in the egg at the time of lavi ing, due to x mishap ) or the chickens being frightened or such at the time the ege is being formed. Thi hlood élot is laid down 1) the PTOCESS of bg 4 4 formation, 14 1s In the e eg at the time the shell is put on and conse.’ +7 quently ap pears in the egg he fore the eandle at the tne of candling. Mr. Hipelti: i). What are meat spots? foo7, Mr. Faulkner: Same’ objection, your: Hongr. _ e . Me 234 es Nye & Nissen and A, Moneharsh. ¢ Testimony-of. Robert B: Meriele.) Me at spots are described in -the- regulation, hot by * witness, ‘ ! ee ae - The Court: He may answer. | : - ‘Phe Witness: Meat spots are small. blood spots. which on mie ‘TOSGopic, exdmination are shown to he real small clots or drops of blood which do not any longer show the red hemoglobin. : . Mr. Hippeli: Q. What beat? foreign ‘mater ials may be in an egg? .- ; ee ‘Such ‘foreign ° materials as we have. seen. Reund worms have been: found in eBags at the time. of candling. | Q. ‘Directing your. attention: to Item 35 appear: ng upon. the exhibit containing U.S. Standards for ‘ Individual Shell Eggs, will you explain to the jury what inedible eggs are, please? no a, ; Mr. Faulkner: Same objection, your Honor. The definition of the term is clearly “defined there. The:Court: You may: read yee The Witness: “‘Inedible eges: Under the Food, Dinig & Cosmeties Act eggs ae are filthy, putrid, decomposed: or otherwise: unfit for food in whole or.in, part are adulterated. Eggs of the following deseription are elassed as. inedible: Blaek rots, white. rots, mixed rots. (addled. eggs), ‘sout eggs, eggs with greet LW hite, eggs with stuck yolks, moldy : _ musty eggs, eggs showing blood. rings.” de that all vou have on that? . ‘Eggs. containing embryo chicks after ‘or hevond the blood ring stage, ‘and any eggs that ‘are filthy, decomposed, or putrid.”” ‘py | sf vs. United States of America > 235-3 - . a 8 : 3 — : ; , : : (Téstimony of Robert B. Mericle: ) -Q> What are black rots?) ~ ee £ “Hlark-rots are eges that are decomposed to the extent that they appear black before the enhdle. and on gpening have a putrid odor, the contents are blackish and blac k-in character. % Q: WwW hat is white rot? . A ay Me cf “A. W hite yot: isa breakdown of the white Jt the - eggs, Where there has sheen a “decomposition take pli ice in the breakdown of the w yite. | ~Q. What are mixe “d rots? ; | A. Mix€d" pots. of addied eggs | 1S where the volk membran the membrane that holds tHe solk ina sac is broken axd this is mixed with the white a caf the. egg. Call it: either a mixe d-rot or. an aidled egg... ids 3 ‘ Q.. And. a sour eget | | A: A sour egg-is one in whisls thie.’ white is broken .down and will smell sour after breaking. .. Q. Green whites? of seas " -AY Green whites will appear greenish before the candle ‘and on breaking will have a.wery definite. ‘greenish characteristic. | : es Q. W hat about stuck volks? Pe ee ; A. Stuck yolks are yolks which have stuck fo _ the shell membrane to such an extent that they will: “Net break Joose w hen the egg 1s twirled hefore the canidte- ‘ . t.. (). Moldy eggs? AL Moldy. -eg@s are eggs that have. mold. The pest Spores hyve penetrated through ° the: shell, \ _ & 236 Nye dk Nissen, vee Ae Moncharsh (Testimony of itobert B. Mericle:) * | ; through the shell membrane, “tak are 6 grdwing-in- 2 MED Ss ‘side re ege. r : | . ie - °°. . @. What are musty. egies? . ¢ ? A. Masty eves are eggs that appear musty on & the smell, and the smell has penetrated the conte nt of the 4 SO. thatthe egg t fas a teristic [92] of must. © 7! | ee Q. What ‘are eggs ‘showing bload rings? * and has the ¢harae- A. Blood rings’ are found in fertile eggs where ‘the temperature has been ‘high enough to ineubate Cay, aes ‘the eggs and statt the germ to develop. This” wen | Will develop up ‘to the blood ring stage and, as’a : ae tule, it is edible up to the blood ring stage, «and -~ from the blood ring. stage. on it is ruled. as inedible... ss Q. Now, the next specification. are eggs contain- ing embryo chickens. ] helieve we know it by that name. - "> - 5% pe ER cork, Mk aThe Court: , Tt is time for. adjournment. { vill ask- those in the court room to remain soated until, the jury retires. “Keep. in mind the admorttion: of \ the court and: re tum at two o'clock, The jurors may eo * Ne exeused.\ ae ee ‘ ay Yo | (Thereupon -a recess was taken until two | ve § oS o%doek Bm.) [93] Ue Seats a ? \ \ Atte TNOON, Session, 2: 00 © ‘clock p.m. \ oe rat: “Tf the. Court please, this is just an explanation... ‘Phe Government subpenaed the’ cor- @ ‘poration to protece a \arge number’ of original - records of the Company; uamely. purchase orders. Mr. Faulkner tells .me-that the. individual who. was. ss \ | ago and "has gone. Only a few aaa US. r nited, States of geri ny 937 * ringing, teat ioe ‘uments was he nfe “oMe. Faulkner tells me, have heen. round.in the ree- / e ords, ‘J shonid like to put this office. ranaeer, S ~ © think, hed is, on the st: ind briefly tovexplain the-eha ire acter of sen ac ‘ly of records that he made. Mik ak’ ‘ ner tells ‘me he. will be hack in a little while, in tein ov fifteen minutes, and | should like, when he comes, to withdraw the witness who is en the stand and put him on! briefly for that purpose. Mr. F aulkner: He Wi as here this me ring. We thought he would never be reache d.. He came back at two o*eloe _ypere just assumed “he would not. he . . * reached today. ea Vv ery well. Mr. Nippeli: - Doctor, you. will resume the stand, please. *- ; ° “Trees le aoe ? @ REY 6 ry to : e cf * J 3 Direct Ex amination (Resumed) Mr. Hippeli: Qe. Defendants’ “Exhibit A for Adentitication is a document entitled, ** United StatesDe partment of Agr ieulture, [4] Food Dis- tribution Administration, Tent: ative [ . Se Standards and W eight Classes for Consumer Grades for Shell: Kuws, “Doctor, this mominig vour: testimony Te- Yering to lieve rhme ut’s E xhibit. 21, re ‘Terred. to the cTYS. si ade » tor an individrial eee: ix that correct # ‘a few mome nts Mese ‘documents, ” DR. ROBE RT B. MERICLE, ’ Ee Yeaes Ves. . ie . We will bject to the form of. the “cme stion, whether: he saw them do it in accordance with that. Tt ealls for his opinion and conehision. - We doesn’ t know the state of mind of the men. foe} 2 do it. Mr Hippeli; Yowill reframe’ it. , - ° ren ¢ The Court: , The questibn is, did he observe threnm Z > “ N -f % é 240 » Nye de Nissen and A. a , cy 6S 4 q ; f ( ‘Testimony df Rebert B. Meric le. ) i va (). ~ dn 1943, from the | atter part of 1943 to the prese nit tithe acs vou observed your Inspec tors at the dele lilaut 's plant in San Francisco grade. Classes Ler Bom of egys 1M. conforinity to Constimer grades? ey, ~ Mr, F ‘aubkner: “WwW e will object to that as. cabling g for can’ opinion and ‘conclusion and not the best’ | evidence, _ / ‘ae: Court: “In conformity” is objectionable. | ' State what*they did. ame ae te oe ae es ffippeli: Q.: Ww hat ‘nbondanes did your iv- spectors Use in grading egos at the. defendant’ s Dlant?: Poe rw Jara ee aia ma : Mr.* Faulkner: Same “objection. The erader, himsels, is the only one wlio ¢ ‘ould testify: whi it stand- ard he used when he graded.» nae _Hippeli: The- witness has testified that he has been present at the «plant with his inspectors. that he bas scliooled: the Inspectors, that he has taught them What the standards are and What stand- @ ards Shogt be used. na nie 33 ue ee ‘aulkuer: That would be as though.a pro-. & ; ; fessor of Jaw came in and testified. that he saw Mr. Tinpeli try A CASE in accordance with the rmles and, resivations and inst rections he. gave biny at law school. He could. ict testify to that. That is his ome } nil cone ‘Huston. oe _Wippeli: (). ‘Did vou ever oliserve your iN spect ors grade down at Nve & Nisse ri)'s 8 ple Lait in San’ Francisco? ee Yes. oF}. a Did you dbserve your inspectors place a grad U nited States of America 241, ( Testimony. of robe at-B. Metic i ‘eral | ing stamp ona lot of eggs which the V graded i 7 Sarr Francisco? ~ =. A. I did. Q. What: eradesdid they place on Hien ot My. Faulkners We will object to that-until it is brought withirr the: pevied covered hy the ndiet- ment. — ‘ | | | aig The Court: He may state what hexdid at a cer- e, tai time and place. ates a Mr. Hippeli: Q. What grade did you, place on lots of cases which you inspected from 1943: to the -preserft time ? veel pene | Mr. Faulkner: We nee ta that. ‘The imdiet-~ nient was returied in April———_. ates he . Mr. Hippe di: No, June of 1945, ‘S Mr.’ Faulker: Is that the date of the indictment # Mr. Hippeli: June 5. Mr. Pratt:” June 20th. | ye ’Mr. Faulk her: The conspiracy ended ot the-date ‘of the rendition ef the first indictment. The Court: W hat date was that? Mr. Faulkner: April 25. cay ar 2) Mr. Hippeli: “The first indictment Was in nit The indictment under which this charge is brought how was returned in June of 1945. The conspiracy: + continued up to the date of the return of the indiet- - ment, namely, June, 1945. - | Mr. Be aulkner: We submit the proper date. is April 2 . the date of the termination of the con- Spiraey [98] , : ‘ _ Mr, Hippeli: Well, that is not n "i . Your Honor. | . Q friol, anyway. Ww / / 242 Nye d& Nissen and A. Moncharsh (Testimony of Robert B. Mericle. ) Q. Did you ever stamp cases at Nve & Nissen's from the latter, part of 1943 to the Ist of April, | 1945? A, September, 1944, « Q. Did vow reeeive any in the early oe 1944? Did vou do any grading’ down there in the \ early part of 19447 ee ae Q. Do vou reeall who asked you to. go dawn and ° © ae 3 i inspect e; es there? A. That was Mr. Goddard: [99] (). Did anv of the other. defendants call vou, to: go down and inspect eggs at that plant in the early part.of 1944? — A. They have, yes. , : aoe. ss 2 ‘ :- nited States of Aurerica’ ~ 243 ( Testimony eg lob it Be Mericle. Q, Who were they , please ? A. Mr, Be man or Mr. Mone harsh. Q). Did Mir. Menges ever call you? AL Oveasionally. ts 7 = Qo- Subsequent to their calls, would: vou appear at the plant ? A, . Yes. ar, ———— Q.:. What would they ask “yeu to do when you appeared-at the plant? _ , | & AL They would tell us they lad a certain lot of. eres there that ‘they wanted weraded. They would ‘tell-us the grade of the eggs, and from that we would ‘go ahead and make our grading of ‘the particular lot which they wished: graded. , | (). What erade did‘ they mention ? - — A. They mentioried cither U.S. Grade AA or U. 8: Grade A. . -: ~ “Q., Are those Consumer grades ? a Bs eee ee | .-Q. Are thiose grades contained in the standards | sef forth in Defendants’ Exhibit 1, 2 Seer ont tain tn a ans Monee 3 Mr. “Hippeli: At this time the Gov ernment offers Defendants’ Exhibit A in evidence, The Court: Pardon me?” ; My. Hippeli: 1 desir\to offer: Defendants’ Ex- hibit A in evidence. FEXhibit A is the Tentative US. Standards and Weieht classes for Consume: Grades for Shell Evvgs as . Mr. Faulkner: We e have’ no objection, vour Honor. MAP ye, a The Court: Admitted and mark a, [160], eS "" 244 Nye & Nissen and A. Moncharsh (Testimony-of Robert B. Mericle. ) The-Clerk: U.S. Exhibit 24 in evidence. _ (Defendants’ Exhibit A. for Identification was admitted in evidence and marked U.S, Exhibit 24.) cane, . s Mi Alippeli: —"@. Now, edit you explain what the classes or C onsumer Grade! A eves are? oe Mr: Maailhaier: or The document. that has just heen reeeivetl in evidence deseribes cach .Of those specifically. Tt is a matter of re ading it ‘ ‘Into the record. “The witness | don’ t think sheik | he permitted to do that. The doc ‘ument speaks for itself. Tt describes exactly What they are: Mr. Hippe liz: 1 desire to accommodate tlre court's ‘vonvenience in getting this as‘clear as-I can. T think’ the document is in eyidénce, but he can generally tell us what a lot of Constimer Grade A eves are. Mr. Faulkner: Which is to bind the defendants, 2 what the witness says or what. the document says tliat came from our possession ?— The Court: Read the question, (Question read by the reporter. ) “The Court: I will allow it. Mr. Faulkner: Exception. | The Court: Overruled. : : The Witness: The ©. S. Ciuanser Grade AA consists of 8A pereert of the erade U.S. Grade AN eggs. Tt is brokén down into units: We speak [101] of a unit as either one dozen ina dozen carton or a ‘ase of eges, which consists of 30 dozer eggs in a. particularcease. Fiehty pereent of the eras in this ~ + : “i a : & e _ Ar. Faulkne Soe . x q , . United’ States of Ameriga P45 ( ‘Testimony of ‘Hobert’ Bb. Meri le de. partic ‘ular case mustebe of the rade U.S. Grade AA. In the remaining of those 10 pereent, must he grade U.S. Grade A and the balance he rede up of By with a smal toleranee of 5 percent Whic hh will’ take in the human element of candling can be made up of light dirties, grade C-or Checks. When we | candle the eves ina partienlar case as to whether ° ad ovnot what might be required as set down in.the specification=— - “= “ik Mr. Faulkner: 1 move that answer be stricken out hecause it does not embrace the requirements of a U, s. Consumer's Gr ade AA egg, accbrding to the paper. that ae heen received in evidence. Mr. ippe ‘li: I belie ‘ve the point as to whic h Mr. Faulkner:, Just a minute. T made a legal objection, .. 2°. ae ‘i ) Court: Real. the “legal: objection, Mr. rter.. as m ° (Record read. ) | ‘The Court: . Tt may or may net. Does it? Do you Know? * ein. fais er Fhe Witnes: Yes. oie con: Nhe Court: Let. the question sii the answer - Stand. Mr. Faulkner: Exception. 7 ez Mr. Hippeli: . &. Does Exhibit ULS. °f ase the express term 5 percent permissive tolerance, [102] Doesn't it rather use, So many eggs”? | : Mr, Pautkner: We object to that. The document | Speaks for itself, | | 30 dozen. Or you could sav the eges & 246 ' Nye a Nissen and A, Mouchacsh - == ( Testimony of Robert B. Maric le.) The Court: Overrule “. Mx. Faulkner: * Exception. "The Witness: The tolerance permits 18 eggs per 30 doze ne Tf you will check that with the case vou will find itis 5 percent. _@Mr, Hippeli: bi What isa € onsumer Grade. \ egg? ak atk ae : | oMr. Fanikner: The same ohjection: Phe doen ‘ Re Spe aks for itself. ‘ | | The Court: Overruled. — Mr. Faulkner: Exception. | a The Witness: The’Consumer. Grade A, taking the one dozen as ‘a unit, or the 30 dozen ease again, we have 89 percent of the eggs in this 30 dozen case .. consisting of U_S. Cirade , ‘quality eges: 10-percent | must consist of quality U.S. Grade B, and the bal- anee, we have a tolerance in here again of 18 eges per Mr. Patknes: Is the witness reading? The Witness: Could be light dirties. Mr. F aulkner: Is he reading it? : The Court: “Ate yon reading it, or are vou testi- | - fying from your own knowledge? The Witness : b think I was testifviny, was dene not? [103]. ee pe aaa ote The Court: Proceed.” | | Mr. Faulkner: May 1 have the exhibit? | Mr. Hippeli: Q. You were explaining the per missive tolerance‘of U, S. Consumer Grade A eggs. A. The permissive toler ance here is-—again we have 18 eggs per ease which could he made up of | J “ r -U nited- States of America 247 pe | | patiaioa. of Robert B. Meric le.) ‘Light Dirties, Craeks, and . 3 of that miay be still . blood spots. . ; a ae nee .Q. Will vou explain what the Consumer Grade Sat: ne Es A. Consumer Grade 13 is the same, where the basic 80 pereent: of the-e; gus in the particular case must be of the grade U.S. Grade B; the balance, | 10 percent can be of the grade U.S. Grade C and — in’that we have a tole¥anee again of —— | . Q. 36 eggs? | ; A. 36 eggs tolerance for Checks, Light Dirties. 2+ ¢Q. dust what is meant by the Consumer ) Grade CG? cia aes ae 7 | : A.. Consumer Grade C, 80 percent of those: eggs there, again, must.be of the grade U.S. Grade € or better. They have the tolerance of 36 éggs. | | Q Are there any other Consumer grades, Doe- OEY 6 A Me are tines ; " ‘Directing your att ention to what is now Gov- : ‘erument’ sk xhibit 24, the, same: document, you were referring to, on the bottom part of that I sce the ‘expression, “Weight classes.’’ Your previous testi- ee Seer ee ee . mony has been directed to grades as distinguished “froin weights, is that correct?’ A. Right. Q. Has the United States Department _of Avri- ‘culture established weights for classes of Consumer F . Grade eggs... ~ A, Yes: [104]. . (F. Are those weights Inchaded in 1 Government’ s Exhibit 24? i. They are. - The Witiiess: A. No. 9-07 Mr. Hippeli: What is the answer? - ee ee Rae Na ae ee Mr. Hippeli: The Government, next offers for - sige taunensagien donnie eee BP eee ns oe nited States of America 249 (Testimony of Dr. Robert B. Meric ile ..) “ide utifiedtion a doctiment entitled, **U. S. De- [ 10: ae partinent. of Agriculture, Food: Distribution Ad: ministration, Tentative UL S. Standards for Pro- curenvent Grades for Shell Meus,” | offer this for. identification. ,- : The Court: It may le admitted and marked. Mr. Faulkner: Will you Honor indulge me a moment? | ‘The Court: Yes. Mr. Faulkner: “We have no objection. to it. Mr. Hippeli:> Going -into evidence ? Mr. Faulkner: Going into evidence. The Court: Let is be admitted and marked in _. evidence, ; ee \ ( | S.. Exhibit 25 for Tdentifieation was the ‘reupon admitted | in evidence.) + is Mr. Hippeli: Q.. Government Exhibit 25 in evidence, Doctor, is a copy of the tentative stand- _ ards for procurement grades of eggs. You are fam-. liar. with that, are vou not? ' 7 et ae ee tani eee | ‘What are “the procure ment. grades ? Mr. Fanlkner: The same objection, your Honor. The document ithe for itself. ~The Court!» How many pages of that?) - | Mr. HWippeli: 1 was limiting this brie fly. your Toner, 1 just wanted fo establish dw this Witness: | * that there 1 we re several, rrades, Tt is not TECESSATY, for me to go through and show what thew all are, ; “heenuse they. confor m. gene ‘rally. te the Consumer evades that we hy ve Just dise massed. 108] V 250 Nye dk Nigse nand A, Moncharsh (Testimony of Dr. Robert B. Mericle.) © . The Court : Very well. | | “Mr. Hippeliz: Q. Are n't. there a number of pro-; etirement grades! - A. Four, Q. Where is the ‘procurement grade -distin-- guished from the Consumer Grade ? pas Mr. Faulkner: The same objeetign, “The two dociiments tay be compared, | Mr. Hippeli: Q. Is a Consumer grade a letter ‘grade? "A. | No—yes. (). Tho Conshmer grade is: AA, ‘Gvede A; Grade = BY A.» Yes. Q. That is Consumer Grade. Is a Procurement. (irade a Roman numeral grade? = A, It is: —Q.. With one—— A. LT Il, 111 aid IV. Q. ULS. Pi ocurement Grade 1, IT, and so forth. A.. Yes. : | ®. . For what are the progureme nt grades used? 4 ‘A. The procurement grades were issued peAmar- ; ily for use by the armed forces. Q. Are sales to the (7. S.- “Army graded in ac- cordanee with Procurement Grades as distinguished : from Consumer Gradés? oe | Mr. Faulkner: W e. object to that. This witness is employ ed. by the Department of Agriculture, and the United States Army has a different method of inspecting eggs than the Department of Agricul- _ ture. The witness has not qualified: that he: is an expert in that—— cos Mr. Hippeli: T have not asked the witners [107] . to testify to the methods of grading used by ‘the’ | Oh jection overruled. ho | _ ee a ee Grade AN? A. Correct. us. United States of Ameriva a ee (Testimony of Dr. Robert B. Mericle. ) United States Army. [ have asked hit the names of the standards of egg s that-are used In the grad- ing by the Army. Governmeit S Exhibit No. 25 will show the standards which are used by the Army ; have lieen set by the United States Department of Agric ulture. Have they? epee ee The Witness: ‘They are, The Court: ‘The question and answ er will stand. \ Mr. Hippeli: Q. ‘LT will.just refer te one grade_ here; Doetor, the Procurement Gradé I. Will you . read or explain that to the jury, whic RENCE is ‘More CONVE ment for vou, A. Procurement Grade I is identical with “the vrade jugt explained in Consumer Grade eggs. The original grade consists of 80 percent of the individ- ual eggs to be of UTS. Grade AA and the balance to he made up as ‘the tolera ance just just explained in the Consumer A. . ee aaa *Q. The individual egg in-4-Procivement Grade Is graded in accordance with the standards CON- fained ind’, S. Exhibit 227 uae? . Right. a! eal But the name of, the lot. that is the dozen or. the ¢ ase, or the lots of “ases are known as “Pro- eurement T”’ as distinguished from u. Ss. Consnmer oe °O W hat. is a processed eget othe. A. A processed’ egg is an egg that has been dipped in an odorless, ‘tasteless mineral oil. 108] | Q:- What is + the purpose of Lroressing ? sh # ne \ . - 252 , Nye: cts Nissen and . _ Mane har xe _ (‘Testimony of. Dr. Robert B. “Meridien: - >, Re . ie T: Ihe pur pase « of I roe C ssing > for preservas . tion, to: preserve the egp qualities ura ath ey, Me, How docs itMreserve anege ? re ha - It py es the egg qualffies by vreducing H ve 4g the moistire waporation from ‘the, egg and thus enhances the keeping qualities, so tha they are able to keep eggs in storage and maintain & miei better ‘qfality than hy Keeping the same ide ‘Ntical-ege in storage Wi hen, it x not proe essed. \ Q. Are ‘vou familiar With the United Stites [de- partment of Agriculture mechanics of ST eu: _Q! 1s the here any other eqttipment used in rat ng or Ww eighing vaur eggs?) + A. 2 reales, individual egg scales. ° 6 Bs As Y OS, SEE. eres oe Bie Q. ‘Is at°used around the San. Mrancisco . Bay apex? © . 1943.. ioe (QQ. Were evs. Department, of Agriculture AS a or grades for classes of shel] Cres int existence | prior, tothat dat®?2-. A. - ¥es, Q What were: those standards? ‘Give us the - hames of them generally. | «- ‘A. We were using the te rms‘, at Spee ial— a Mr F aulkner: Just a- moment, ‘if vour Honor please. The standards speak for the mselves, "The docyuments establishing ther speak for themsel They are not in € ourt. They are not in our posses- sion. , , 55 Mr. Hippeli: ¢1 did not think it Jhecessary to Introduce those standards inasmuch as we were prinarily concerned with the standards whieh were introduced,’ However, under the itlleeafions of the, Tudiet nie nt [ desire to Ae sical proof that the United’ States Department Agriculture had standards Which [116]. were in effect prior to the date of the te of the consumer vrades, Mr. Faulkner: © What they were will be spoken from the document itself, Fhe Courts Read the question. (Question read.) > eee . 4 a a ‘ 260 Vye & Vise n and A. -Moncharsh, - & . of Robert b. Mericle. ) “The Court: “The objection: will be ‘overruled. I will allow it. he -Mr.-Faulkner: — Exeeption. | Js ‘The Witness: A. Theré were U.S. Specials, U.S. Extras, U.S, Standards, U. S.Trade. am Mr. Hippeli: Q. ‘Wass there a United States Departinent of ‘Agric ulture standard for.an individ- ual.shell ege’ in existence prior to the year: 1948 when the standards referred to this morning: went into effect ! | | Seek, aes | My. Faulker:. | object ‘to that, if the Court: please. In other words, this. Witness—may I cali the, Court’s attention ta fe: situation as de veloped ip this regard? Frem the possession of the defendant there was ipdue document which is now in evi-- dence, U.S. Exhibit No. 24, and it is dated’ in De- comber, 1942, and it ‘relates to the tentative os consumer grades for shell eves,.and it provides in that document thateU. S. Consumer Grade AA shall. consist of a certain type of egg, in certain -pe ree : ages, and Grade A a certain type of egg and certain percentages, Nov, that doetinent does not disclose the: [117] test, to be apphed to that ege. You cane not apply the tests.that ec ne out afterwards, that are subsequent to Dece tiiber, 1942, as the dese ription | f the eves defined in that ‘regulation, because they nee pot in existence.” Now, the witness has testl fied that this is what voterned the frade in this dis- trict from the date of its issuance to the present time. The definition of Grade AA, Grade A, Grade Band Cirade Cis the detinition of those eggs at the fa as ota es . “y ot vs. United: States of America out (Testimony of Robert B. Mericle.) time of the isSnance of that-decument, and that is not before: the Court, and vou ean't issue a directive’ to an industry relating fo. standards therm in’ ex- istence, deseripe them, and’ define them cleariy and unequivocadly as they have, and then try ste apply another standard that came ott. later, as the stand- afd that isintended tovhe covered by this document, That is my- point. P1942, December 22, vou contd © €not have a standard of eggs that was promulgated, é described, and defined in Janvary of 1943. It was e non-existent. But nae was at that time im enxis- 3 > : o ; tence a standard. ai The Court: Q. ts theré a variation in these standards from time to time ? | ge ." A. There are slight revisions in them wren they are reissued. | QQ... W hat if any vari tion) as there in is period WW question here, if vou know ? | | A. .T ean't recall? | would suggest that they chee’s the specification that, was in effect prior to 1942. Mr. autkner: The point [ make, your ‘Honor, is that these spec fications speak for themselves, Th: it ‘is What’ governs the industry, Mr. Hippeli:, Q. May’ I direct vour attention ty the effective date ot Government's Exhibit: 24, Doctor? Is + that the standard for. Consumer Grade, A?-—- —~A— Yes - | Q. What is thes ective date = : Ap The e thee ise ahite Is De « -emibe py 23, 1942. Y W ill you refer to the Government’ ~ exhibit / “ A 262 eo ye & Nissen. and at. Moncharsh (‘Testimony of Robert B. Mericle. ) | setting forth the Department of: Agriculture staan ards for individual shell eggs? | | Mr. Faulkner: You can give him the date, Mr. Hippeli. | 7 Mr. Hippeli: Q. 1 notice on the back, Doctor, a it is dated the second day of January, T9432°" - Rigi. | ene ¢ Netty, to your knowledge, is there any addi- tional doc uments that connects ‘the consumer gr: ales ; with ‘the specification for individual shell egg? Mr. “aulkner: Your Honor, we object. . Pr? — The Court :) .Qv’ ‘Do you understand that (lek tion? we Not clearly, no. yy | Mr.. Hippelir Q.. Your standard’ for your con sumer #1 ‘ade eggs— A. Yes? | © Q. ---is dated in 1942, and it refers to a Gradgy@ : A egg. The definition of a’ Grade A egg appears in the first part of 1948. “~- A. Right. [119]. Q. Now, in 1942 when the consumer grades far) shell eges were issued, what defined. a U. S. Grade | A ego’? } j A a A. The specification that wis in effect foxy the E individual shell egg at that ‘time, cee | Q. And there was a specification ii effect prior to the one we have before us here? A. Yes.’ QQ. Have. vou tha ‘specification in your posses-- sion ¢ - A. Not here, ne, - / | | QM. You have it in veur custody: down at the of fice, have you not? 2 Q. And vou received that specification, Tromthe & epartment of Agriculture. dn W ashington ?. a ; a ous. Mitced States of America —: 263 (Testimony of Robert B. Mericle. ) A. Vhat is right. i ().. Was that official specilicattor for the’ meat, “Zeer Ks “vidual shell ery in effeet until the speeiheation for “individual shell-exgs dated January of 1943 Mry Faulkner: Uf the Court please» = Mr. Hippeli: I ask permission of the Court to! allow Dr. Mericle, to afford him an opportunity to. bring down the specification for individual shell’ — eggs that Was in existenc e for that period ofta. few weeks, The: Court: - or TAY bring it in tomerrow morning. eek Ral a Mr. Hippeli: Thank you OS" eek Mr. Faulkner: We may have it now, your Honor, We will find out. I thought we had, vour Honor, but evidently “we. have not.. | Mr. Hippeli: Q. Doctor, we were inquiring as to whether [120] there were United States Depart-_ nent of Agric ultiire: standards for individual shell | eges that were in effect prior to Jannary 3, 1943, , the date of the issuance of the. standards which are fe in éxidence. “A: There Was. . aes ce a QO? Were they genetally ile conformity with the : 2 Standards effeetive on January 3, 19437... = -- g | Mr. Foulkner: W e-will object to that as. calling . |. for his opinion and cone lusion,. vour Honor. ; Mr. Hippeli: I abe asking the wittiess to testify : generally if there. were Department of Agriculture | Standards fixing the: ey ade of individual eges in ef- s rect prior to those. whieh” are in evide ‘nee. I do not ‘ F 264 - Nye d& Nissen and A, Moneharsh - (‘Testimony of Robert B. Mericle. } ot an desive, although TP awill if the Court requests, te im troduce the wrades in effect ‘before that time, he- cause | de not think they will become a material part of our case, ‘But under the charge of the in- “dietment, the indietment has alleged that the busi- ness conducted -+by the: defendants in the sale, in- spection and erading of eggs were subject to ‘De- | partment of Agriculture standards, and I want to. establish at this time that certain. standards did. exist, although, as I say, what the patticular stand-- ard prior to those in. evidence was, L do. not deem material, but IT want to establish t there were some standards, : Mr. Faulkner: Your J that aut industry ‘such as) Nye wouldn't it be true. Nissen would be - ds by virtue of law, not by_ ss said? [121] ° The Court: Read the questton. subject to those sk virture of anything this witne! (The fast question was vead.) - The Court: TT will allow it. %, . © . : J ~My, Faulkner: Exeeption. a - - © AE: ; Pa CS. aii * Mr. Hippeli: That is all, your Honor. The Couit: We will take a recess for a few min- o utes, The jurors may be excused. (Recess.) [122] ™ | - Cross-Examination | | a, Mr. Fanlner: Q. Doctor, you have . testified that on occasion vou were af the firm of Nve & Nis-. “a. sen, it that correct? A. That’s right. ’ us. Enited States of A merica ~ 265 (Testimony af Dr. Robert b. Me ric le. Gg. t- ‘would like vou te tell mie ‘the first time you ever met oretalked to Mr. Menges. Will vou stand up. Mr, Menges? What is*the first time vou ever talked to that man? 2° | AL «DT 1944. Ov In what month? A, alam not positive. I think dlong in "May. | Q. May. Now; then, what was the first time you ever met Mr. Berman? Will you stand up, Mr. Berman? A. The fall of 1948. Q. The fall of 19432 Ale Yes, | Q. When is the first time vou ever telephoned, talked on the. phone’to Mr. B erman ? - "AS [don't reeail. Q.. Do vou ever reeali talking on the telephone to Mr. Berman at any. time at all? AL Yes. Q. When? AL. In 1944. | (). What month? - , AL The spring. “1. don't) remember: specifically What month, | ee | ae Q. In the spring? CAS Yes. : QQ... What was the subject of! the conversation ? e. With: reference to egg Inspections. Re DIT he make any request of you—withdraw that. What conv ersation did vou have ? X. On the phonesvou are refe ring to? F123] Q. Yes, What did he say.te vou and what) a vou sav to him?” . % A, Requested egy inspections, : : = 7 . No. What did he sav to you and: what did you say to him ?* : ioe 266 oe ye df Nisse nand A. Moncharsh (Testimony gt Dr. Robert. RB. Meric ‘le.). A. He reunested that we make a grading“@t the. plant of Nye & Nissen, egg erading... —- Q. Did you vo out subsequent, Ao that and make ; The i inspection ? A. One of my graders from the San Francisco office went out, Q. >-ardon me? | 3 A. One . a our graders in ‘the San Francisco office went out. Soe ae 3 (). Did ‘youQgo out? A. J did not, no. Q. Did you ever go out to Nye & Nissen to vrade eggs at tie request of Mr. Berman, vourself? ~ A. Nov. Q. Did you ever go out and were you present “when eggs were graded in Nye & Nissen at a time when Mr. Berman asked someone to go out to Car os : eggs? A. No. | °Q. When was the first time you ever met Mr. Goddard? Do you know Mi. Godaara + A. Yes. aie ce Q.. When, was the first time’ you ever saw Mr. : Goddard? § So-the jury will understand, Mr. Godd: ard will you stand up? A. . In 1943. Q. What time? ~ A. The fall. : Q. Did. you ever have a conve rsation. on the tele- phone with Mr. ( toddard in — to an inspection o heing called for eget... .. A. Yes. [124] Q. When? . A. - In 1944. | Q. What month? .-. A. The spring. ¥ Q.. When you say ‘‘the spring ** what, do you call spring? - : ie a vs. United: States of America 267 (‘Testimony of Dr. Robert B. Mericle.) - ae don’t recall. exactly: along in March or April. | ee iE re QQ. That is the first time he ever requested an inspection hv you, is that-correct ? | an A. To my knowledge, yes. | Q.. ‘After that conversation. did you go out. and inspect any eggs in. the plant of Nye & Nissen, your- self ? tA. No. | 3 Q~ Were you present whep any inspector went out and grade d eggs ats Nve & Nisse ne as ‘a’ result of a phone call? A ¥en. —Q. You were? — Senet) ‘ 7 - “A. The-specific call, yojl niean where I took the call Bs ee i Q.- The specifie call.’ Mr. Goddard phoned: you and’asked for an inspection. Were-yvou ever ‘present When—were you present when the. inspector - went out to make the erading of the eggs that he tele- phoned concerning ? , A. May I qualify my answer on that ? ©. 1 don’t know. ‘Whether vou ‘can, or not. The jnidge will tell von that. You liave to answer first. A... The majority of calls are received in our of- fice by a girl, It is? very seldom that they are not received by the girl. In a few instances where T received the ‘mit had been early in the mor ning, and hefore the girl had arrived, For that. reason the times that T have accompanied the grader to the Plant has been in-instanees whe ‘ve the call had heen received hy the: girl in the office: [125] - O. “Isn't it a fact the general request for an- egg | re / 268 Nye d& Nissen and A. Moncharsh (Testimony of Dr. Robert B. Meriele.) inspection was made by: the telephone’ eper ator at. “Nye & Nissen? . Ts that the loading side? ? ‘\ oe. 270 : Nye d> Nissen and. A. Moncharsh . (Testimony of Dr. Robert: -B. nee le. ) Q. The one that, goes cast and west.. A: As vou go into the plant om the Se venteenth Street entrance, say this were the [127] Seventeenth | st rect side, the north side of the jury: room, liere, the candling booth would be on the far ‘end of the building, the south. oe Foe rs Ge ce. eas Q. Have you ever*been in that candling room? A. se cee a 1 ar ee Q. Is it your. testimony, Doctor, that in that vandling room they have Exhibit 2”? on the wall! 5 ee have seen it there, yes, Q» When did you see it there? | A. \At times When I have been ing the room. «" Q. Whereabouts: on the wall is, it? A. Just ifiside—there i isa cloor at the end.of the eandling room. It is inside ‘the door, on the wall. -Q. On the wall just as you enter the room ? A. Right. : -Q. “You know, as, a matter of fact, Doctor, that Exhibit 22. is not uged by candlers in the candling: of eggs. in a plant like Nye & Nigsen’s. plant. don't you? ~ A... Know that it is not used? | foe ~Q. Yes; it-is not used.: That i is rig, isn't it? A. ‘I don’t know: 29. Have yon ever seen: egg candiers use it im ‘eandling plants? A. ‘Yes. Q. You have seen “if many times ? > A. That's right. ss Q. Isn't that right? A. “You - ye ® Q. ~ How. many. eggs does a normally able candler candle in an hour? “ae | aK. Uniled States of America 271 (Testimony of Lr. Robert Bo Meriele. " “AD: How many eggs, or cases? - veer (). Pardon me? [128] - eames = The € ourt: | He w ants te know Whether vou want eyes or cases of eggs. Mr. Faulkner: How many eggs will an ordinary candley candle in an hoi either cases or eggs t re Approximately: three cases. : ons ~Q. Three c: ases would be 1080 CEES, is that right? ‘AL ¥es. ie . i Q.. In.an hour, when a candler ‘is’ candling 1080 * eggs, the: candler has to take the eggs out of the ‘filler, place them in a convenient position, lift the - *- eggs out of the ‘filler, hold them to the light, ‘and then deposit. them in anywhere from twe ‘to four- . teen hoxes and place the had eggs away, isn’t that “usually the practice? . A. Yes. ees Q. So that 1080 eggs ‘candled in af? hour, it is done with a! Larbst lightning rapidity? > ae (). “So. fast vou can't sée the egg move and see how. the person takes the eve ‘and “ts: it to the liglit; isn’t that correct? You cat't follow the egg in the hand of the qandler, isti't that correct ? | A. Almost that fakt. I woe say quite fast. You . Auth Follow it. . yieg : . (). Doe ‘tor, vou testified’ this morning with cer tain interruptions hy: counsel, for whtelk 1 may have heen the main ftranseressor, Vou testified ut Feat ‘ , length on these various gradés- of ees, these vark “ J oe . “4 fo = ks “ : ail by | . \1 . > 04 | oe “A Ye A Nigser ny ae ica harsh Lg Ritimnb ot Dr. “Role oh, Mu viele, } ae Hie eyetean tole 4 =U 29] the mavement of the egy tthe, ] nants of ‘ie eadlgan & a. ae. worlds say not «ite “that fast. ps e . ¢ 108% CES 2 TT ygle f mean an ‘ees that is gu i YI, nora ial -eanidline, Wehen COIN’ throneh “that eee POCOSS does ain normal van: ever ook’ at at: Le ahibit 2 Pag: to ( andle bas hy ? : : | as ttl Ss Se | as a ‘onide. ae oe (). —Ahave SOW ever seen in your, life a competent 2? oandder, vatadle” CLES, Topk at “the eges hefore the 3 Jight at one time and a hited: & ates. Exhibit Be #.: | the other! ie seat A. . ¥es, | re : x Q. Where? «- ; i a, Cae |! hen you are training eg andle VS i ek Sa ~ A. What *desvou nrean by. grading? Do yos mean. ‘the plant ‘grading or our grading? | Qe Do you ndt’ understand the question 2 A. - Not clearly, Ho. | , ee : Q. Is there ani “operation in the egg business known as grading and certify ing eges? | A. Yes. ; .Q.. De scribe. that @peration to the jury, please. “A. Grading jis the actual candling of eggs inte thesrespective erades. Certifying egos: TS packing eggs under certificates of qnality where you have limited. licensed. candlers doing. the acttial candiing ope rations, and the eggs are pac ‘ked and sold under certificates of quality. : | ‘ : ) _ ee ir e i. } ‘ A lg ~ > t + Vv ; vs, Unite de States of Nive riea _ 251 (Testimoniy-of Dr. Robe rt b. Me re le) Q. ‘That is Wiat grading and y ce Mifvirie eves ~. means, isnt It? | : A. . That ‘is certifting CLES,, Ves, - Q. Will you ceseribe the operation im wiie ‘1 you 20 in, andr - wes for shipme nt A: The-eges are Aeady graded Ga our grader goes In and pulls a sé tiple from the respective levt which the y want graded and grades the eves as. pre- _viously me med in the sample cases Which he “draws eee ; Pe : — Now: Gen. the duties and services performed: by the Departinent of Agriculture when rou grade | and certify eggs are completely dissimilar from the duties you per form, when > you Inspect egg Ss. anen’t -they?:- A. - Yes. ; Gers yeas Q. ‘As a mater of fact, you do not grade or cer- tify eggs-at the [1- 38] Nve. & Nissen plant in Sana Francisco, Lo vou? e | ic ics A. “We grade eges, Ves. ‘ Q. f mean grade and certify. There are two acts as one Continous operation? — os A... No, we do not erade and certify. t as Q: The term grading and certifying THe ans that the oh aders, are bonded and that the assembly of eges unde i that operation are certified té and cer- ~ tilieates are issued and they are all done under the “supervision of the Le ‘partinent of Agriculture, isn’t that right 2... AL’ That is‘right. : we Q. In the sliipments to various War agencies that is not the operation fol wed at all, is it ?. A, No. - > (| ie Nye d Nissen and A. M oncha rsh { Testiniony of Dr. Robert B. Lericle, ) @. So that the inspection of graders and “cort fiers of eggs and how the We shall conduet. that site is dissimilar to the instr uetions to. graders and in- spectors who are inspecting for war shipments, isu’ that correc ‘J’ 5 : | Nees ay A. Different instructions Seer _ Q. Yes? ~ A. No, I would not say So, Q. Is there a single instruction—I am talking about definitions—is there a single instruction, to . guide an inspector for war shipnients contained in Exhibit aS a A, Yes, — | -Q. Where is it?... Jo ers A. ‘It.is the- interpre tation of. the individu: — *@. Read the. instruction, ‘please. - A. Interpreting the individual quality. of the in- dividual shell egg. | ee eee 2 hat number, Give me the’ number of the - instruction. Ua See oe ee eo j A.. The individual shell egg ‘quality is . there. Q.. This is a definition of quality, a standard of quality established xt the Department of Agricul-; ture. J asked vou to show me a singic instruction relating to ibspecting egies for War shipment com tained in Exhibit 21./ A. There isn’t any. , ©. Now. there arésinstructions which the inspec: tors ate. required to follow in deté ‘rmining the. qual- ity of shipments of eges to war agencies, isn’t that ¥ right ?, Aren’t- there instructions? i. ge Tnstriictious for grading shell eggs, whether - ‘they go’to-war agencies or not... ). e ¢ " -vs. United States of America 283 (Testinony of Jr. Robert Bo Mericte. ) . (). Aren't there particular instruetions relating to the grading of eggs that are to he iuspected fo warragencics 2 Yes or no, ple ase ? A. Yes. ie * Have you got them? AD “Not here, uo. | , ; : 2Q. Will vou bring them tomorrow morning, please? . ‘oe eee ye | Mr. Hippelj: | object to that. vour Honor. If he Waits to introduce these, Jet him make them part of. his own Cane, ane ave bevond the scope of the direct esamination. eos. Mr. Faulkner: Lf you Honor please, the diecet | examination directly indicated fo this jury that all of this testimony related. to someting relating fo the sab jeet: inatter of the indictment, that’ these, Were the things that. were supposed to he. done, and they do not relate to that subject matter at all: aid T submit [ am entitled on eross-e: amination to- ‘PYO- .ducé the aecurate record of What did gnide these , men doing the things gbis- “Witness testified, to on direct examination: [14g] eh ae | ‘The Court: You ee for some documents. WW hat-ave+t hey }———_ ieee Mr Faulkner: T have asked. him for ‘the Instrue- tions to the Inspec tors of the Department of Acri- | culture ‘which they were to obey in inspecting eggs for y Wat sninients during fhe pe riod, | / The fourt: Are there some instructions avail- % . able j in that respect? : a. | A. No specifie instructions for shipping, no. 6° . The Court: There: are no specific instructions. (Testimony of Dr. Robert B. Me re sles) not have, mo . - gradings when vou inspect for a avar agency, do you? -, Pa RS eae 5 was “woes toa War agency or niles TWISe, The or: ading ot cial grading or a. contract. grading for the war, agency... ; , ageney which the Department. of Agriculture “is . give am individual shell egg inspection f Yes or no: 284 | Nye & Niseo n tnd A. Monepareh Mr. Faulkner: He. said A moment ago—be had them in his office. - - :. | aa The Court: TF just asked him You may pursue your ipquiry further, | _ Mr. Faulkner: Q. iv hich is correct! 4. answer vou gave his, Honor.or the answer vor gave the? .\o 0. * - | . "Sa A. Specitic instruc tions for way shipping we do: () Have you spevitic justrnetigns for grading eges and inspecting gr ades Por; sile. ‘to Far agencies! No”. 3% ne a Q. W hat were the instructions you said vor had a moment agd down at vour office ? , A. fustructions for making individual shell: egg gradings, whether they ‘are for. war AENCIES* 0 or otherwi ise. id > Q. Doctor, you do not male jndividual shell egg” * ‘AS “Yes. I. is 32 regular inspection for a partici lar lot of ceep thatve conduct. There [141] area hundred cages that. they want. eradled, , whether, it that ts peiformed identical, whether it is a commer: Q. “Dr. Mericle, is it not a fact that if any war sracine for Sec’ ives an order ior eges they. do not ~~ rs: \ her of eases ? P _ us. United States of America a) . (Testimony of Dr. Robert BA Meriele. ) a ‘. Thes vet an individual shell exe it speetion, \ a. . The iiuswe ris ves? "Nhe € OUrt : Read the TNSWeP, ‘ \ [aaa | ( Answer Pead,) ) / Navy. or the W ay imikitee’ Aduninietratidn=2 “OY- dered 500 wases of egos, yn all like lik ood less than ome percent would: he shell By 44 duspected, ist thot trie, instead of [00 percent! : sae - Av. Are vou pas dag cases or * the actiqal meme . Q. Jam talking abont 200 cases of eggs. We. will assume; to make it clear, there. arera00 cases. - Of eges in this room going-to a ship: A. -Yes Qo And’ you are. going ‘to ‘inspect them. Your" -destimony Ux that. you shell inspect each egg, isn’t it, en Mr. Hippe up to this ponit ! : ‘ A. No, it is not.’ (). Ww hat do. Vou do? a . - . os x Av T said’ we inspect the required sunber of samples for the 500 cass. [142] 4 : ,QY. Is the required number of saunples called for in Exhihit2i?- 2. A, “No. Q. They: are called for in a regulation, aren't them, ‘the number of Cases that you pic k ont and in- spect does’ hot depend On your jidgment.? They are Mr. Faulkner Q. lf a war UECUEY, if i is ix the 3 limtited in a fe Tebjer isn't that true? . - o° T object to that as beyond the scope of thé direct: examination.» 4 : The Courtk The ‘objection is overruled. Mr. Paullner: A Isn't that true, Doctor? J . io) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386406_0128%3A04. Public record. Not legal advice.