Vol IV — Nye & Nissen v. United States (No. 228)

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Vol. IV ite

_ TRANSCRIPT OF RECORD

bee. _ (Pages 1489 to 1992) ae tv

Supreme Court of the United States

OCTOBER TERM, 1948 st

oe ee

NYE & NISSEN (A CORPORATION), AND ABRAHAM —

vs,

“THE UNITED STATES OF AMERICA’

ON. WRIT OF CERTIOR. .R1 TO'THE UNTLED STATES COURT OF APPEARS

: - FOR THE NINTH CIRCUIT “7

t > ft

: 7

_ PETITION FOR CERTIORARI FILED AUGUST 17, 1948,

CERTIORARI GRANTED OCTOBER 25, 1918.

_No. 1308

United States

Cicenit Court of Appeals

Sor the 3 Bint Circuit,

NYE & NISSEN, a C ‘orporation, ‘and ABRAHAM |

MONCHARSIH, |

oe : ae Appellants Scean

UNITED STATES-OF ‘AMERICA, |

| aaah | Appellee. ,

Pa oT ain

Transcript of Record

be . In Ten Volumes |

. VOLUME IV

rere 1489 to 1992

Upon Appeal from the District Court “of the United’ States

for the Northern District of Califcrnia,

| _ Southern Division a

re ee oneness I -_--—---- —_

Rateeyv FPR marine £4) prance an Straesr ee ve ranciero

¥ IS, United States of Ame rica 1489 Gi

0 Tostifeies iN oot YH 7 Hhawell. y '

oe ee ). On hoard that dav von showed: them some

batter: and Cheese that vent sav came aboard that

day? A. Yeas Ashi

Q. You showed them some egys: which von sav’

Came abord that day 2. a A Ee, :

(). Did von notice the tapos On the CASES in which *

thase eggs ‘were ? ‘A. No. sir. See

(). Did \ you know ftom what COMPANY they came .

3 Prom % ae Tied —*

ae eee Cee ell, Nye & Nissen, they supplied us.

. ). Did you see. that on the cases ? _ A. No.

(). ‘You knew that vou had received: eyes from

".Nve & Nissen that day, vou had oo

“anid you had received cheese? os . Ves,

| (). Be fore you arrived at the port oy pee

cisto, where sas—vour Starting: point, where did —

oe start from? | or ae Sh

NU Came ‘from’ San Pedro. oe et 8 e *

Q. Did vou supply the ship at San Pedro? L

A. Yes, with perishable stuff, like frnits, and

vegetables, and wilk. pee eat i; §

—Q..- Before San Pedro, had. vou come through ¢ |

the canal from.New York? oe,

A. No. We came from Brishayie, Austratia.

Q. ‘When was thealast time that the ship was

fully victualled=for-a voyage? 7

“A. Between the latter part of January and the

first part.of EeBruarye as far as | can remember.

Q. In Ayiril vou still Jhad foodstrffs that were

part of the original ont Atting r in a. food wav for

.> ° that -vease}? - grap eke. (eee fae ue ne :

-@Q.. Aboard the ship? = Avs Yes,

own knowledge ? . : —

(Testimony of

1490 © Nye ad: Nissen and A. Moncharsh

Allan Howell.)

» Mr. Faulkner:’ | That is all. ee ee

Q. Well, Mr. Howell, you don't know low long

any. of this merchandise - remained on the pier

hefore it was loaded aboard ship, do you of: your

A.” Well, as far as I know, H contd not ha ive ‘besh

e¢ very long,.betause we were stirring dn achurry

: f i

\. .Q..- FF here were. vou ?

*- that morning, and wé had orders about 9:30 or

10:00 o'cloek that! we’ were stirring out, and we

. left the dock at. 1:30, so it esate not “he On: the:

' dock vety— nig.

: +n, ’ : ee

Q. I mean you, personally. don't ftiow how

long? — 3

A. Well, 1 feel. pretty: safe that no Toniger than

“between 10 a. m. and 1:30. 3S GRR staat ee

Mr. Faulkner: May I-have that read 2"

(The record avas read.) - - oe,

* Mr. Faulkner: . “That is all.

_ Redirect Examination :

_-_

- pe al :

_Mr. Pratt: Q. Mr, Howell, whet these stores +

vere delivered on the pier, did you: see them there? |

‘A. No, T'wasn 't_on the pier when they came.

~Q. You weren't there when they. ‘ame?

AN No. ‘ | 7

| A. : J wasalhoard A the: sliip. sus ee oo

Q.. When the se stores were loaded on the ship

what, if anythings:tid -von havi to do with order-

ing where they should be putt. he BN aE ed he 26

‘AL ‘It, was s part of my F Job, as soon as they came ~

0°!) ps. United ‘States of America +. 1491

(‘Testimony of OAT: in Howell.) aie “Deer aeR a ae

a¥oard 1 hi ud to tell the ste wards where thiey wer :

sup posed to go. : Sm cane rit A: ene

Qo. W lat order 1 di-For vive mn disy) osing, ‘of.

the butter and I the cheese? Ree Oeen salen

A. I made room in, the box for the new ‘stores;

SO that when they “came aboard we oe put them

an the right a . proeen Seale eee

Q. : When thie butter’ ‘and cogs were put in ae

refrigerator,. or ice ‘box, OF whatever vou eall it,

‘did you,. personally, supervise that? A. Yes,

Mr. Faulkner: Just. a mo} cut. .

Mr. Pratt: Q.° we ere you ther re at the chill box, 7

yourself ?> 7 fi eee Eig 5 Ake

~ Mr. Faukner: We e object tothat as. not speak-

“ing: the record, He said. the eggs -w ere ipr the com-

panionway. 7° + pone :

Mr. Pratt: I am talking’ about the ace: and

“butter, ire crete aac oe |

- Mr. Faulkner: | But you said butter: pa eggs. -

Mr. “Pi ‘att: Well, | misspoke, then... - ro

Mr. I ‘aulkner: All right; that is the. point. St

my objection. You misspeak the record and DOask: ra

‘the answer go out that the’ butter, and eggs were—

put: in the cooler. — Re CET es

Tlie Court: It may go out. bee ay

Mr. Pratt: Q. When the- butter and. cheese

came aboard, what did: you do. ais far as disposing |

. Of them in storage? | Solely

“A. Thad them stowed whére they We re supposed

ro be stored... ~--- : ee oie — ‘ nd

@Q. Ww here? ba A. “hn the refrirerdtor, ews

— - Z = bel uf ~. re

_ = ‘ , 1 Po ate i : ; : >* > & . A

“Se ie —~e *. oat enV GRP WED aoe a ei

i oe “1492 br Nye. & Misi uv and A. a ee

eae ts ; pre eos

) (‘Testimony 7% All inf Howell. been ce ;

: ire 4 Q. ‘Did you cS per Fsonally into. ‘the re frigerator

‘and see where | they were stored | ty AS Vek

Q. Now, as ‘far. as the. eges were: “COHCE red, ‘lid

"you personally direct where the. eges were tor be:

ee a ee see,

a. Well, . these were atowell away that night,

about. Six. 0. ‘elock that- night. : 2 ae

Q. But before fliese men-eame out fhere, and:

: ay when the storts, tn ete the ‘eges were first placed

a “ayyon the ships where. did you direct) them ‘to be

pl aced 3 eS ae

A. «., They were deHvered (13 ght by the: Nov

: ‘hatch, “og they remained there. vintil we had time.

to stow them away.” :

* Q. Did you remain there while ‘ these gentlemen:

& were on thre. hoat ? aa. Yes,

- Q. . That you have spoken about. Tin regard | tb.

such sterés as were’on the boat. Yvemmaining from al

previous voyage, haye vou any: record5of that? \ :

AL. Thaven’t, not with me here, no. ° :

“°Q Whatt a :

A. J haven't gat. the records: here with me,

no. [1309] They ave. in. the company. office.

‘0. ° Do you ‘vecall what amoufit of provisions

remained on the’ ship up to the time on April 29th

PRTG when these stores were brought, aboard? |

A. Offhand, | couldn't. give, vou. the exact |

amount, no-- :

ue QO. Well, whateve y they Ww ere; were, any of these -

eon ‘provisions, stores, pointed cout to these gentlemen:

‘that ¢ame ahkoard ? Meee Beane oh ow

a a a = nited States of America - - 1493 -

. ; - - o* rr ar

; . rs Ls

i ‘Pestimony of Allan Ferwwvell,) ‘4 ° 2

: oe , A Xo. The y wanited to see the stores that; “came

: /

é aboard Fhe it ali iv 30 showed the mn: those stores,

(). Now, the steres that came aboard on that

~ day, are ‘they: represented - “Rhy the de ‘scription in

this mvoice whieh you. identified by putting your.

signatur@® on the “bagk? *" 2 te” :

“aA. “Yes, sir. ey ae ce hi

Q, Aecompanying. this invoice were a pumnber.

< gt others, other copies ? oe .. Yes, sin, .

@&: What: did you NGA other copies? |

A Well, when the ‘vy came aboard they were.

signed, agi: then’ given back to whoever ‘bring them,

aboard.’ Someone. delivered them or the ship, then -

Tsigned J fhem and returned the back. |

“Q. And you kept jast one copy, did? vou,

; A. & Yes sir. ;

-Q. For. your ‘own file ?. :

“AL IT had two. I generally keep tayo.

Q. You kept two? * A. - Yes. me

Q. What did you ‘do w ith the ¢opy’ upon whie i

you placed your ‘signature? caer o

“A. I signed them for the man-who came mae

-and inspected tle stores that day.

Q. For: thesd FBI agents? .. s A. Yes, sir,

QQ. And you turned it over to - ‘the m?

TR 1 did, ves, sir. :

Mr Pr att: “That is all.

Recross’ Examination 3 ee

Mr ‘Faulkner: er: @. - Did’ Fou see and observe

what the man ae canie aboard did with the mer- :

chandise- you pointed ont? mee ‘Yes.

omy

—_

the butter? =: : s

. +

7 e é 7 *

- , or

1494 — Nyt & Nissen and A. Méncharsh is

(Testimony of Alla Howell.) 0. 3

Q. What did they do. with the butter? .

. A. They put it i the refrige! ator. [3310] |

Q. Is that all they did with it? ; A. ‘Yes. :

Mr. Pratt:, .1 think the Witness misunderstaads,

Mr. Faulkner: Q. You put. the butter ir the:

refriger ator? ~ 4,

“A. The iman who braght it aboard atored it

in the refrigerator. : She ae

Q." 1 beg your pardon? | ; ahi

“A... The man who brought the hutter aboard. -

-Q: They put it in the refrigezator?

A. Yes. La

". Q. When these men, . Mr. Jolinson, Mr. McGee,

and the third man, came aboard,’ what, did they —

do with the butter? ee? 5 ous i

A. They went down, examined them, Jooked

them over, weighed ‘them. —. .. . a)

~ Q:- _Did you see them dothat? A. Yes, sir,

Q. . “Did you remain with them all the time ?

A.” No, sir. |

Q. Did you see them do that with — ‘the butter? |

A. T-was_there when they: were. weighing ‘the

che cheese: ‘first, and then I had work to do right away,

so T left the wn there working in the box down

there. I didn’t ‘see them all the time, sof couldn't

say exactly.

Q. Did. yon se e them examining and, weighing” ¥

ad “id

A. L seen them examine ‘the: es That is

one thing’ I seen, and then T-left there. "|

)

WOU dave

wre) : Biles ee

ES ee. Wibne Sanat ary

“ .

MN a Mind ead OY Bb Re 0s eg Ph at BE Fil STE IE

CAaS@s.

és

(‘Testim LOEW of : Sie _ Flowe Hl. it ‘ep ee?

* .

the eggs? oe pias oe

Q.° Did vou see the ui make nv, examination’ of.

A. Yes, sir Lo saw ‘tiem opening “yp tlie. drates:

on the deck.

QL How: Hany -crates did ther! open!

A. IT couldn't say exactly how many ther Gperied.

There were quite a lot of. egys om, the deck.

Q.. Do you.think they opened more than three?

A. i ree ‘kon [1 311] they did.

Q. What? - - A. I. guess they did. |.

0. | dan’t w ant you to gues, Mr. Henwwel. Ww hat.

-is your best recollection | ae |

A: Yes, they “pene de more than three ‘cases,

Q. .W hat is Your best recollection: of the number

that they opened ? - . | ae 7

A. As far as [can remember, niore than ‘twelve

wT.

Q. About | twelvé Ci anes? Pres . * Ye:

Q. Give me your hest recollection. of “everything

ve ou saw those then’ de with: those « eggs af that time.

“a. Well, aboard the ship hetween the No. 4 and. .

_the No. ‘5 hatch the ‘re is a house built right there’ -

“by that afternsa st, ¢ alled the electrical house. They

took the eggs inside thet re. and was examining them:

Q.. That is*out-in the open hateh, isn’t it?

A, - Yés, between the No. 4 and the No. } 5 hy teh.

_Q. When they were all finished where webe the

eggs placed ? ee aaa?

A. When they were fitrished they were still. lett

.on deck. eens os ie

Q. They were left ‘on deck? -. .A. - Yes.

vs. United States of América 1495 |

g—

1496 . Nye ed Nissen n and? A. Moncharsh

( Testimony e Al un Howell. :

Q. Were any of them taken ? Any. of the bathe,

eges OT che ese taken. off the ship, by those men?

> Oa don't knovy. sti

Q. ‘Did you. see. then take any?

A. No, sir, = eS

Mr. P aulkner: That is all, 4 :

“Mr: Pmtt: TT hat is ‘all. Sade “ a

The Court:. Step down. pte] ru. Cae

ew, “PAU : ti. HEY XESS, :

called as a witness for the Governme iit :.sworn.

The’ Clerk : Q. Wilivou state yout name?

A. . Paul Debes.. | eke

a. Direct Examination

Mr. Pratt:- Q. Will 'you-state your name again,

-- please? ” A. Paul H. pio pees I

Q. © Patil H. Debes? D Thats: kt.

QQ ‘That is D-e-b-e-s? - Correct: © \’,

Q. Mr. Debes, where is vour home? .. ee

A. [nm Matin County, Woodaere.

()... Where? * - A.» Woodaecre, Marin County.

~Q.. Here in the’ neighborhood | of San Frane isco?

A. Yes. , Bag, pe

— Q.. You are not a native American, are you?

AL No, Tam naturalized® | | :

~Q. You are what? . A.. Tam naturalized.

). You have been naturalized. And, you were

born where? = - A. In Algace-Lorraine. .

° yee _:

go 5 +

, 7

rae) a 2 mo

N - «,-* ; we ers rs ; ; :

vs. (uited States of ‘America °° 1497

“Te 2 Oa Tae “Ss 1 : s : wat,”

(Pestimony of Paul PE Debes, ) 3

Mr. F aulkner: May T have the last answer read,”

your Honor? : a . ® .

; Mr. Pr att: Alsace: Lorraine,”

ares” Where: were vou wn turalized, Mie Dobie?

oy Ae Here in San Francisco. FONAG, |

qQ. Ine San Francisco. . During he: year 1944 =a

and ae until March of 1945, what was ygur oceupa-

| tien? 7 BO? ,

Ao was chief «steward on sisi SS Pee tees

Shipper. - perce ee ie

Q. - When did you. first become chief steward on™

the Hawaiian [1 313] Shipper ¢

A, - In Mareh, 1944.

Q. -Where was ‘the bout when von] went nt oi her ?,

A. In San Francisco. Ree Bead ye Leh.

q). And you, remained: continuously on the boat,

as chief steward until when? ae

A.’ Until September, 1945.

-Q. “Have you your owh record of your -employ- |

‘ment on that ship as chief steward tj

A. Yes S, SI. : pees

QQ. Will vou: produce that, ples bse? Without

producnig all of these, will, you .pr chin. the record

of ‘your employment as chief -ste vard- on. the

| ‘Hawatian Shipper for the 12 ih — 13th voyages

of that ship? al eee): S)

my Mav I. have those ? This Is Wovage RE aes

Q. This is vo) age 13, yes: “That is 127

May these he. marked for identification, the one,

whieh the witness said ve presented his emptoyment*

on voyage 12. which is a certificate of the Depart-

pe !

eee the vessel.

. &

1498. . Nye d&: Nissen and A. Monchursh

mo estimony of Paul H. De Hes.)

ment of Gommeree, a certificate of ocharge’ of

*, Paul H. Debes as chief steward, Hawaiian Shipper,

frony September 18, 1944, to November 28, 1044,

and may the other one, Which is the certitic ate of

| discharge of Panl H. Debes as chief steward, show-

ing — his employment as chief. steward on the |

‘Hawaiian Shipper from December 1k, 1944, to

Mareh 25, 19-45, be. marked for identification ?

a (The doctimenis were thereupon | marked U,

—§. Exhibits 99 and 100 -for Identification, re-

‘spectively. ) {18 Ay. was a

Mr. Pratt: Q. | New. re ferring to the ope rations

of this boat, do you know what agency, what gen-.

eral agent was operating this boat for. the War

Shipping Administration?

A. Matson N avigation. Company.

Q. Now, as chief steward of this boat, what were

your duties with respect to provisions for the’ crew

and passengers? 3 =

‘\A. I was responsible for all food stores ‘abheta

Q.. How, large a. boat is this Hawaiian Shipper ?

A. It carried 1900 troops.

Q. It carried 1900. troops, and what =,

size of the crew of the ship? . py aes

ae 86 civitian ePrew.,

Q:. A civilian erew of 86, and. she. (° arried 1900

of the arméd forees? » 0. .

AL. Yes.. We hada ‘Navy crew of 43; a gin

crew. : ee oe pe hee

o ; a ; ; Ss

GORE DAT ROS Bek

us. United States of America 1499

{ v stimonyaft | aul .H: ‘Debes.) . ‘i

“(). And Was this Navy enn erew of 43 ineludes

when veu sald the erew consisted of 86? ye

ee No, that: is just the civilian erew, merehsit

marime crew. |" - | | .

Q. In feeding the crew, the mun crew, and the

troops aboard, under whose ” supervision was that

done? AL Under mine.

~Q. So far*as the erew is concemmad, where WEbG

they fed! ?

AL ‘They were fed from the pie s-gaitey. -

Q: From the ship's galley? 9. "A. Yes.

QQ. And how: about the officers of the ship?

Mr... Faulkner: We object to all of this as in-

competent, irrelevant and immaterial, your Honor,

not binding— | ae See

Mr. Pratt: te is merely preliminary, if the

Court pleases [1315} | enter tags et

Mr. ‘aulkner : Just a moment, Even so,” it- is

not. binding on the defendants how they fed - the

troops, the time they” fed them, and from whieh

galley. |

. The’ Court: Tt is a preliminary question. “We

will conclude now! +, ; Be.

Mr. Fauikner: Exception. aa ee

Mr. Pi ‘att: iO How about. the officers of the.

oship?, W here were they fed?

A. Also from the ship's galley.

Q. And how about’ the trodps aboard 7

Mr.. Fanikner: The same objection, yeur Honor.

-Tt can’t: he preliminary to an. issie in this ease,

_your Tlonor. 7 |

~ * 4500, Nye & Nissengynd , 1. Moneharsh ° i.

(Testimony of Paul H.° De naa oe =

Mr. Pratt:.. Well, t is. Tt will he very brief,

if: the Court At we. >

The Court: V ery well, Iw i allow i

Mr. Faulkner: ~ Exception: Otay

A.. From the troops’ galley.

Mr.. Pratt: Q. They shad ‘their own cooks, did

they? @ A. -‘That’s ‘right: . be |

7 «). “Bat you furnished the food products, as chief

ste ward? ».A¥ All food praduets.

().. Do you. know what amount ‘of. eggs were

place vd aboard that beat’ previous to the ship leiiv-

rae Ing on. her thirteenth vevage ?

A. We had ten cance | ae :

Mr. Faulkuer: Wiiieh tryp! Voyage 129°

Mr..Pratt: The thirteenth voyage. [1316]

ae eareaee eek fs had 10. cases coming aboard for port

"stores and 400 eases, for the trip. |

. Mr. Pratt: Q. 400° eases for the vovage?

4° «2. {A For. the voyage. | oe

Q. Did those stores come aboard on your requl-

sition? -A. Yes. : |

Q. 1-‘direct ‘your attention to the Exhibit .87, |

- which is an itivoiee of Nye & Nissen for 400 cases

of eggs, ‘the date of the invoice. being December 5,

1944, in the sum of $7140, and T ask von whether

yo ean identify that as tlie invoice relating to the

delivery of eges forthe 13th voy age. ;

Mr. Faulkner: Exense me, your Honor, What,

is the- position of the Government with respect to.

offering this test itnony 2 Which count?

y , Mr.. P ratt : [ ani. offeringé this as ty the first.

count of the indictment.

. | ) | See

ax. Eonited States of America °— ABQI

e( Testimony of. Paul H. Debes.) qo

Mr... ¥ auikner > Then: it go Ss Y) subject to the

objection, vour HShor. sy We made lat the recess,

The Court: Very well 3

AMG Faulkner: Withoeait, repeating Me

~The Court: The objection is overruled:

Mr. Faulkner: - I Xee ption, ies: dae

y A. . 1 saw an aVvalce siniilar to that aboard tlie

slip. an

Mr. Pratt: > QQ. Nid When the stores are brought

aboard do thie ‘vo come under vour observation ?

oe A. They come tinder may observation, ves! EL. TT

iS Q. Do you reeall the inc ident when 490° eases of

ol eggs came aboard this boat for stores ace phe 13th.

Be: vovage? ~ A. Yes, eee |

Mr. Faulkner: Just’ a moment. Sou liave the

, Witness identify the period of his sna dno and

s he is not employed during the period of that.

Mr.. Faulkner: | December Sth. He shipped ol on

the 28th of November, so he was not working there,

according to the record vou produced. |

Mr. Pratt: Q.° Were: vou con ‘the slip contin-

uously ? : | 7 oa 7

A. ¥es, sir. Those* discharges pertain ony te

the voyage from the time we- leave San Frane iseo

until we arrive hack inte port, and during fhe tine

we sign off and. -sign on we ‘are_on the port payroll,

of whic h Wwe have | ne record, tat the record: is with

the company: <5 aes | :

cp *. fs

Mr. Pratt:. Then you now better look at the

Der ‘ember 11th, and he eft the other Vovave oon -

1502 | Nye d: Nissen and A. Moncha rsh

‘~ (Testimony of Paul IL. Dehes. j

.Q. Tien vou were ot: this boat continually. from

the ond of the Vth -vovage until the 13th’ vovage .

started? ° A. “Phat is: correet.

Q.. And during ‘that period did vow have any---

thing to dg with providing stores for the isth

evage?

The Court: - It is 12 o'clock. Tt is time for ad-

* journment. ‘The jurors may be exeused. — -

(Jurors excused, )

;

‘The Court: Th the interest of time, the evidence —

otise lose s that” this invoiee was a copy: He-did not

see the partie ‘ular [1318] invoice, “ug followed. his

testimony, so if that ‘is available

Mr. Pratt:. They came together. ‘i number of -/4

Invoices, perhaps. a half dozen in 1 number, all came

| together. : 7

The-Coyrt: “All right. Did le gign them!

Mr. Pratt: *He. did not sign this | one. I haven't

any invoice that he signed. - ; :

The Court: My inquiry is to save. some time if

there is any Question about |) Aarne :

Mr. - ‘anikner: [make no point of that, if he,

identifies it. a c= | ;

Mr. Ptatt:. The original invoice is in the file in

evidence. ae ae

The Cotrt: The onty reason is he said he’ saw

cone like that.” THat is the only reason... I thought

if it was available; if. there is any question about

‘ity: vou coral get it. ae /

Soe recess. Was taken until two ‘week pain. )

i : = : ae

NS eee ee ee et oars ees

vs. United States of America. ~ 1503

Afternoon Session, February’ 7, 1946, 2 pan. ,

PAUL H. DEBES,

reralled.

“Direct 'D Xi unination (Re stand)

The Court: Yoit may proceed,

Mr. Pratt: If the Court please, re exhibits

for ‘identification whitli ave the certificates of dis- 7 ss

charge of the witness, » IL have been tebbsinee tort ee ie

| eT at these amen i) a, sitiation have’to . :

“hawe these with theni as part’ of their records. coe

Therefore, 1 ‘would. like leave ie court to entirely <0;

Withdraw .these’ exhibits. | : |

Mr. Faulkner: That ‘is agree ‘able.

Mr. Pratt: res return them to the witness,

- The Court: Ver v well. . 7

Mr, Pratt: Q: .Mr.. Debes, I think the: last

question asked you before court adjourned re lated 2

to vour duties in connection With securing sup- -

_phes, food supplies, for this” steam -Hawaiian-

Shipper. What were those duties, as fi vr as either :

VON: noe No. i2 or No: 13? sae

- AS: My duty was to see the food was correetly rity :

store’, | | | y

The Courts Raise veut voice so alk the jurors — ty a

ean hear vou. mary 2 . | 7 ;

The. Witness: My daties were that: We SR

sponsible for the storage of, all food and the prep-:

aration of the same.

Mr. Pratt: Q. Was it the practice for you ‘te

1504 Nye & Nissen and A: Moncharsh

— (‘Testimony of, Paul- cH. Debes:

make a requisition fis 20] siftic lent food’ sup-.

Wiles to last bor the VoVEe Bs ;

A. That is COPPOCT before we ar ed ina port.

1 had to make a requisition For Went trip's food.

Q. Be Toray the commie tucement of this Voyage No.

13, were there teft ori board Sritts stip ipties, food

supplies; thal renmined f from veyage No, 127 |

A. ‘Yes.

Q. Have vou a second of that fact? ? se

A. . Yes, I have. bs mae a:

“As ‘far as eggs are concerned, what quantity

| ee a remained, as indicated by your record, from

_ voyage No. 12 at the time vovage No. 13 started ?

_ Mr.. Faulkner: Before. fhe witness testifies from

a revord, your Honor, may I see the ree ord 2. |

Phe Witness : Certainly. Vad Sty

/ sr. Faulkner: May I ask the witness a qiestion

about: this paper, your Honor? 3

Lhe Court: -You may.

r. Faulkner: Q. Mr. Debes, isn't this paper

at docuiitent that shows the quantities ‘supplied dur- :

ing vovage b3- and far sora 147

A. Yes. - You see, that document) shows how

nich ood T had, TY received ‘for vovage 13, and at

the same time it as also the requisition for voy-:

age. 14 _ Thay aieans that ix just the two . last

~ columns, here, which show vou. the requisition for

| voyage 14.

-Q. Does it alse show: the requisitions: for voyage

13? . A. No, that is on No, 12. tate

E i ‘ - O . Po

ei A :

ata se w

United State S Of Americk 1505.

{ (Testimony of Paul HH. De hes, )

a Qe tn other words, this shows wh: fre mained De

— hand at the completion af vovage 13-2 veur

a ada J

| requisitions for 143° Oe

ak le It, shows.also wit fe had on heid from

“Voyage 12, What- 1 had from last voyage, this

z column shows whi at we had on hand: Tn othe r

“words, it is Writte n 1 in jk what. Was left from ssid

vious vovage.

* Mr. Pratt: —Q. ‘Fran voyage. what?

A. From voyage 12.

ao &.

Mr. Faulkner: , Q.

W hat ison hand from voy- «~

age 12 wher you requisition for Wovage: 14? | 5

A. Yes. That is what we received for voyage 13.

Mr. P1 batti:

Phat. is what vou: received for voy-

age 139 | A. ea, °

Mr. Faulkner: This is a requisition for voy age °

“349... Ae. Yes: rte cae :

Q. So you have a residue’ from 12, what was

ordered for 13, and what.vou proposed to order——

A. For 14,

Q). BL? A. Yes, : re

Q.- Is this prepared by vou? o® | A. Yes,

Mr. Pratt v Q. At the end of) voyage 12, how:

“many eggs were still on hand on that Voyage ?

1 .

Se Three ¢ ‘aseson the ship... ea pe

~Q. How. many cases Were required for” voyage

., eameeee © Received 10 cases for port stores

Q. What is “port stores’?

A. That means for feeding the crew. while in :

port . anid 400 Cases for vevage: 13, ;

Q.. What time would elapse het wee N the end of

_ 1506_ my Nye be Wewek ial A. Moncharsh

eee

Sate gf ee of Paul HH. De es )

voyage 12 and. [1322] the start of vevage 13, sav

hew many days? Ao

2A.” We arrived in’ San Prdincisee fron voyage 12%.

November 29th, dnud-sailed Decentber 15th on vor-

age 13. . eas ene: ati

‘ |

(). During that interval, while you were here —

' .

: . #

ne x ae : BE RI BENE Sabo SET aT egy

Pag Fe

Sas

in port, can you state: approximately how many

- eggs. were consumed ? | Sates ne

A. That is pretty hard to. say, because-

r ae

‘ < & Jeo as ea » +

ENS tat Oe a

Mr. Faulkner: Well, we object. to that as. ite

competent, irrelevant and lpmaterial. *

Mr. Pr ‘att: It is preliminary, if the © ourt please. 3

The Court: -He-said it, is hard to say.

Mir: Pratt: Pardon nied

The Court: The witness said-it is hard to say.

‘The Witness: Maybe one and a half cases a

day ; it depends on how many men were.on board.

Mr. Pratt: -Q. Do you know how thany erew

niembers were aboard during the stay in port be-°

tween the 12th and 13th: voyages ? ee by rah aD

Mr. Faulkner: The same objection. . a

The Court: Overruled. | oe a

Mr. Faulkner: Exception. :

cer He would be very: indefinite. Many, of the ~~

emenabers ustally leave the ship as we are in pert, * >

and they usually did not sign on, except a few. days :

hefore we are ready to sail). During that. time

theye will he only a skeleton crew aboard.

._Mr..-Pratt: Q. Just a skeleton crew. You say

there were Th23] three cases of eggs left from the

s c a . €: 2°

vs. United States of America °. 1507

(Testimony of Paul H., Debes,)

previous voyage and vou received ten cases of eggs

for donsumption during the stay in port2

’. ig ¢ Speer : Sa ele

Q. Are you able to state whethe r, when the vay-

age No. 13° attualky — whether anv: of the

“previous port stores, I mean the privious twVage

stores and the 10 cases of port stores were till un

used? aie yes, there were stilt some vised:

Q. There were some unused. . Can you state ioe

mi my ? ar

Sa 1 would have : to ‘take a guess at it. + 2, :.

(). WwW ell? your hest estimate ? % a

A: . I would ° say about four or five cases. ‘

Q. Do you, recall the loading of the. 400 cases of

eggs on the Hawaiian Shipper for the voyage No.

13? . A. Yes, pa

a. I direct your attention to this. Exhibit-7 73 in

evidence, which is a piirchase order to Nye &

Nissen for 400 cases of eggs, and the date of the

Invoice being Septe mber 14th—that would. be —

the 12th voyage, would it not ?™

‘A. September 14th,

Q. Is that right?

Mr. Faulkner: ~You we vere t talking about. the other

one Mr, P *ratt, | ° a

Mr. P ratt : Q. 1 call your attention t6 Exhibit

No. 74 in evidence. [wish vou Would examine: that ©

_ and see if that purchase order relates-to the, ape

‘ ing of eggs for the ae thirteenth Voyage ?

a > A: Yes, re fee

Mr. Faulkner: W hich - is that, Mr. Pr ate:

‘

1508 | Nye cd. Nissen and A. Moncharsh re

(Westimony of Paul H. Debes.) el eae

Mr. Pratt: a) hat is No. 74. |

Q. “L now direct your attention to. Exhibit. No.. Ep

87 in evidence, and. ask if that is the invoice: that.

~ © relates to the supplying of the, 400° cases of egEs

" for voyage No. 132

A. It lodks, like the same invoie e I had on, hoard

the ship. : = aoe

a a hen these eggs Cé — ty vor ship’ were they

~ received hy you? és peat |

A, No, There was a Matson chee ke rat the dock

to check the’ ‘food in.

Q. W hen the ¢ eggs were brought on © thi dock

under whose direction were. they disposed of on the

boat? A: U nder mine. )

- Q. What w as done with thenv? | c.g

A. T he -eggs. were stored in the for ward Sort ag

box. ee eepehs \ E

Q. In the doen port what? eh 3

A. Port box. ,

Q: That is a chill box, you call it? Sane 2 BG :

sere. eg chill box. Hee aes G ae = :

\Q. Tiere eggs remaining, either. from. the ‘

--previous| voyage or the port stores were already in i

that chill bex, were ‘they 2. ~ A. Yes. Bee

Q. Will you describe the chill box’ on your * boat |

on the Hi: Wwaiian Shippe re? ; Mes : y

A. T ii chill box is a huge box of 6500 cubie feet J

— storage spare, whieh is. gr ated from the bottom and

on the sides there“are. coils, all around the box.

ae “Coils ala a round the. = aes

mad 8s U" niga States of America ip "1509

(Testimony of: Paul H, Debes.) - ea hee ee )

A. The temperature is ke}it at~between 34 anal

36 deg rees. [1325], .. -

- Q. How « fre uently. wal that” ‘tem erature

e ‘ : | 4 on Oey

checked? Ss ey Ie ve ry nour, | . eo

(. Bvery cheur. By wliom 2 i

A.. By ‘the reefer, «ss

Q. The reever?.— » AL "Reefer.

‘a Rac-e-f. er eS as

OA, Yes. . Thai is av nautica! term lor refrigera-

‘tor man aboard the ship, | ) |

Q. Be fore the voyage No, 13 CONNEC need, what,

if anything, was done toward de frosting’ anil clean

ing out this large ehull box? -

A. AML boxes’ were ‘cleaned out every trip,

Q:. How. were they cleaned ?

A. By washing down with: soap ‘and wate rand

”- steam. lose atte rward.

.Q. And deffosted? ~ A: “Detrosted, ves.

Q: After being cleaned and defrosted. the ‘Vv were

-again chilled? Can you state whe ther the hox. was

chilled hefore or after these new supplies: for vovy-

age No, 13 were put in if? AL Ves. .

‘Q.- seg this voyage, No. 13, will you state

the. manner :i n which the box was maintained, the -

= 8

chill box ? ° eee &

AL Would ‘vou. riake yourself : a little more ex:

plic | SaaS Sa what wav

QQ. Was it kept’ clean and. Wiis it kept at ever

te mper: ature dur ane the Whole time?

A.. Yes, it wis ke ‘pt clean and at even temper a=.

ture at all @mes. ae Reka gas

Bc - "

= 1510 5 Nye & aii cal A. Moncharsh

- (Testitnony of Paul H. Debes.)

-Q. «Do you knoygfrom what source the eggs for

Pe previous voyage No. 12 Were secured ? f

A. 1 don't remember: that.” oS :

(): Directing your: ‘attention to Exhibit N Ne ». 86.

which is an invoice of Nye & Nissen to the War

Shipping Adnnnistration covering 400 cases’ of eBeS “sy

for delivery tg Pier 12, Hawaiian § Shippe r

Mr. Faulknef? Voyage 122. |

Mr. Pratt: . Voyage 12. Can you tell from that .

the source of such os as remained 4b the end .of

voyage 122 8 Ge ts ote 4 : | |

Mr. . Faulkner: We object to that type of exami-. :

‘nation by handing the witness a paper that he didn’t

“prepare, aid, asking him if he can refresh his.

rgpollection of something he didn’t. w rite?

“Ate. Pratt’: Q. Did that paper, or a copy of ‘it, 7

‘ever. come to your. attention ?

A. ,J most likely had a copy.

Q. Yue siyy ‘most likelt.’’ Did you have a copy

. of the’ invoice for all receipts of — food

_items? 3. f ac es tea medley" ;

came aboard the ‘ship.

G.. Now, I ash you the question whether vou + §

can tell from what SOUTCE the eggs were rece ived .

which were left. over at the end,of voyage 12? .

s ON: Nye & Nissen. ° ‘ : ‘

Mr. Faulkner: If your Honor please, I don't

know if your Honor ruled on my objection, hut. phe.

: witness ist not, permitted ‘to take a. paper at ‘any

time imless he prepared it, himself, to refresh his

L * wate" ‘ . °

4 -« . ‘ . -

iE ARNON to 2006 (ING AW aS

A. Yes; I received a copy: of every. “item that ©

“United States of America, - WIL

( Testiniony of Pau! HL. Dees, ) |

recoltectian:, He had=ne “recollection of where fhe

eggs came? from. He: is ®anded a paper.” He did

not prepare that paper, aid he Tow: says they came

‘fron Nye & Nissen. I submit that is not competent

gestimony. aioe ne ~ |

; x)

The Court: Twill allow the record ty stand. :

Pad

Me. Faulkner: Exception. ) |

. - wr. Pratt: 4). Aftep this voyage No. 13

started —— [1 327] ee ele 7 pote

Mr. Faulkne re May I. ‘clear the record? What

exhabit did you show the Witness. just now.?

~: Mr. Pratt: 86. lewithdraw this question. ,

i. ‘In other words, in-your official duties as the

chief. stev card” of that - steamer, and calling our’

attention now. te voyage 13, that started early

December of 1944, J will ask you how the eggs fame

disposed of by you as chief stewaied” as f far as—

assigning then) or delivering ar | the gall ‘galley or

‘to the baker, or to the troop galley &

A. We had«three differént departments whic oF

used the eggs which were—— .., °

The Court: Raise your voice,

A.’ We had three different departments | that

used theseggs, the bake shop, the crew galley, and

/ |

the. troop galley. - Those eggs were, requisitioned hy.

them on requisition: blanks signed hy Me, After

that they took them down to the storekeeper,

Mr. Pratt: Q.- The storekee per-lrad chars se of

the chill box, did he? * A. Yes: |

“Q.. Hdy often ia dav was this chill hex ‘opehed -

—_

112 . Nye & Nissen and A, Moneharsh

('Pestimony of Paul H. Dehes.)

A. ‘Fhe chill box: wis “opened once ‘in the morn-—

The abel ane’ tn the afternoon.

(). And tie other time?

A. No other tine,

(

B che: ‘oeeasion to’ examine, personally, any of .the™

‘-eg'es that were. stored. there in. thetchill box as you

have described ?

Ac: Yea, Mv atte ition Was called to the, Cees. hy

the baker, “ail Hs0 the chief biel Sy

. Q. The vame AY the baker was w hat? a

A. Stine Oscarsson. [1328]

Q. Sture is his first name? «A. Yess, |

Q... Sture Oscarsson, The chief, cook, what was

his name? AL Wigan Dolyvn,

~— Q. How do you spell. that name ?

A.: :D-o-l- -1 er nes |

eo ‘D-o-l-y-n:. aa

Q: You say your attention Was ealled to some

? + 5 +

ce these eggs? > - A. Yes, mee eee

} @. UF ls? by whom ? Bg |

AL By the chief hake Y. ‘.

-Q. “What did yoi then.do when he called your.

attention to some of the eggs?

| Mey Faulkner: - ‘We object to all this’ as hea irsay.

as to the defendants and not within the issues in

° this’ ease, Vout Honor, and not binding on the de-

fendants at all.

Coutts. Overruled,

‘at Fanikner: OEXeeption. Incompetent, itrele-

vont. einv@iaterial. ek

Mi Pratt:- Willtvot read the — sae

Di nine the eourse of vovage bs did vou have.

LAST yf SMR See ABET ett

us, United States of Anne Pie 1513 +

eae : _ ; Ea ee :

( hestitrons of Pe Mi If. behes.

a gonna read by the re porter.)

AL sb went dgwn 1 to ‘ie hake shop and cheeked

‘the eggs, myself... 0 e+ 4. 7 a

Mie Pratt: (Q. Ta what. containers were: the

s = .

, eggs when vou examined them, i thes hake shop,"

Q. In the cases?. © A... A case, ves.

A. They were still in the pa ok inte boxes,

, @.- How. many chases were there ae

: a

iM, There was, one thyre. : er See

Q. One case Sf- eggs. What exarmniitien did

you make of tliose eggs! nis

AL T broke open several ‘of ‘the tn. iat 97

WwW hen Wats” this with relation to the start of

7 voyage? ?

A. It was ise after. the beginning of the VOYs oa

age, maybe a day or two after we had left port, 3

(). What: did ae. ‘as’ to. these eggs that

you broke and otherwise. examined ? i

Mr. F auikner: We object to that ‘as incompe- |

* tent, .izreley ant. aoe innnaterial, and not wifhin the

issues of this case. in that “respect, your Honor, |

the record: shows that’ the method af selling egus is

by inspestion, “Th other words, 2 person handling

vgs buys eggs or recepives. eges and they are. ten-

‘dered for inspection, and they are passed, by an im-

-spector. Nobody knows the quality of those eggs,

nobody in. the world. Tf there was arr impeding « if

the inspection service, that is the issue-in this ease.

The quality of the eges after they are opened ‘is

not-one of the issnes, involved inn this’ ¢ case, your

= SS

Honor, -] respect fully submit that it is. incompe-

1514 | Nye dk Nissen and A: Moncharsh

(Pestiniony of Paul H. Debes. )

tent, irreles vant, and inim: terial. It does not euter

into the issues here, bee ‘alse that ‘is not the basis. of.

the sale of eggs. It is not ‘the basis of. the regula

- tions. ‘It'is not the basis of the ordering or de-—

liveving of eggs: what subsequently, happens te the:

‘eggs which | are-perishable would be merely evi-

dence prejudicial ko the defend: ants. amd would Hot

tend to. prove any issue in this case, 5

Mr. Pratt: Tey indictment in this case charges,

athe first count, a conspiracy to de frarid the United

“States. TheS 13: 30] basis.of the fraud in niany. in-

stances, although there are» numerous — specifiea-

tiotis of fraud tr this: first count—-one of the bases .

of fraud is. the ‘invoice which is suhmitted by the

., defendants to the Government, and in this question

an invoice was ‘submitted and paid by: the Goveri-

ment for 400 CASCS of CLES, Large, Proe essed, Pro-

enrement 1. T hat means‘a’ Very high grade of ege,

and it is certainly competent to say by this Witness

and by subsequent witnesses: that the éges within

a day or.tWo after they appearéd on this. boat were

rotten, not only dhat, but, were short in amounts, in

quantity, and it seems to me there cannot be .the

Slightest doubt but what the. frandulent transac tien: 3°

which will be. established by these x, in lessees come

dire ctly within the de acriytion in tne Gndictme he

Mr. Talk he " Your, Haiidr, hat. is hat. ¢ he”

irethod: of the se ane of the egg business as de-

wicted in this record: To illastrate, the firm of

Nve & Nissen "OCELVES, we will say, a carioad of

eggs from the Midw: st. and may for them as a cer-

=h :

® ‘

se Coeted Siates of “Ami rica 1515-

BP stip: nony Of Paul H. Debes.)

tain tiie cee, | subsequently, they ar ’ assed t

» Army Hispector: after he insti ets o.per cent of

ie CPUS; ni those Cees are threay tendered va

Matson, Navigation Company, or any other person,

us EUs fitting that order, pn order on that basis.

That is the method thas is shawn in thi¢ ? ocord, of

filling. orders. Phat weuld mean that 95 per cent

of those eges have ever -been examined by: anyone

fh the firm of Nee & ‘Nissen,-or any other person.

Now, the eves go on board of a ship. or anything. -

else, “and mavhe a week, three dave, ve days, or

+ any period: of time e lapses, and jt ¥ ul appear froni

: this testimony that Some of those ¢ees were not

LOC d. In the Anspeetion certificate and in the rules

and regulations: your Honor, it Isp evided clearly

siebstantially as’ follows: It is scorid in oa certain

. type egg, for ins tap ve, nider these té gulations, that

there shail be so many A eggs, %e will sav 80 per

cent A eggs. Now, when the egg conies in to that

firm, any firm, and th ey are te ndered: for inspection,

it -is detetnined thes meet a percentage of (80. per.

cent; this is- Proetirement 1, which is the equiva.

lent of an A egg: 80°per cent of . those Saber there-

fore should be 4irade A eves, and there: may be 20.

per cent which may be -of- othe™ er: des, ine tuding

Checks, inchiding Bloodspots, and soon. ‘Phat is”

the enly way that business, can he ES if

the eggs pass the Army inspector, INiss the Depart.’

ment of Agrteulture inspectors and te re is nothing

wrong w ith the eges, then Nye & Nissen’ may be at.

fault if they knew dt. but there isnt onythine in

the imspection service and switching eges oi thesd

inspections. {We respectfully. “subint there. has

tion. ‘Phere is no chargé in the conspiracy cout

“f

1516 Nye dy Nissen and A. M oncharsh:

(Testimony of -Paul H. Debes:) > ii)

the egg ‘business requiring them to examiné those

eggs... The. nly Way you know the quality of the.

i is when, you break it. These things have been.

‘eated hy he re ations of a vendor and vendee, and

ae they are delivered that “ends it. cre e

_Tt would be highly ‘desirable, i know, to have a leit

bed ef irks m fhis case, but that is not this nase.

‘Fhe charge [/332] is we defrauded the Uiited

States hy impeding. inspection service, That is the

pree ise charge in count Ete which tltis testimony is

addressed. Your Honor will reel this is one of

the. instances that do not relate to simbstaitiv:

offenses. fs other words, the charge is to defraud -

the United States, it is-not to defraud the. United

States by, the presenti ition of a fi alse e lai ti, beeause

if that was the charge they: “wouldn't he in eours

hut they are in court on the theory. that: Nye

Nissen defrauded the United States bY inpeding

heen no foundation for .the. lit rodnetion of

testimony on any question in the direct - examMin-

that he presented false claims. That was very par->

ticularly eliminated in the preparation of this i-

dictment. [1833] -

2Mr. Pratt: Now, if the Court please, this indict

ment in its firs’; count is.anneéh brosder than has

heen ‘indicated by counsel. - Your Hoior will note

in the deseriptive matter describing the pion and

eonspiraey, for example, ea the oh page ounder

- «@ : . * &

Soar aire sree

DP St

ae # ee

exe

BREA Win NoPE RD ES Tee eR ok eta IRAE 8

us. Fae ited States of America , 1517

{Testimony of Paul HH. Debes.}

paragraph be The dete ndanitsaned SH) id COle6 nspina

‘tor swould inISre i esent the Grades w soht and pre

. 4

af eves colive red te thu War ae thewtoot t. tre

United States of i Atneriea War Shijping Admin

istration.” When? they tiled’ this “invoice for. 400

CASES of eves, Large’ Procurement 1. they committed

&® fraudulent act by nisrepreschting the grade and

mice of the eggs which they delivered 4 t the War

Department and to the, United States: * That it the:

claim made ia conneetion with this witness” testi-

mony, and-it, is based spec ifieatlv and: directly upon

the allegations of the indictment.

Mr.) Pautkner: Ti your > Honor please, your

Tfonor will recall that when Ma. Kirsclibanin was

on the witness stand, when he identified Purchase

Order No. 75, he -testitiod that accompanying that

pared, se order was. an fuspection certificate for-

those. egys from the Departine nt of Agr culture, and

' the Government hay those’ inspeetion certificates

and have never produced. them. | ree

Mr. Pratt: fs it possible that. counse! . claims

that be cause there Was an inspection certificate his

chient is relic ved from a fraudulent transaction as

evidenced by the testimony of this witness as it: will.

appear? 7 ae : :

Mr Faulkner: Tf Vour Hone please, the eges

are boughi [ist] In the regular cour «af business

hy trainload after train load dn’ the same way thet

they are sold. Nve anid Nissen do tot break the

eggs first and sell Qhen: ofterwards. “They are vot

charged exith- nr senting 2 false Jiveice. .1t all re-

1518 } Vye my Nisie D aud. A Moni ‘harsh

"(Testimony of Pint tH. oticn) )

lates to by grading, weighing, packing,.selling —-

and delivering te the United States. of America.”

The Court: ‘The eggs were jot of the qui lity

as represented by the defendants.’

Mr. Fantkner: .Pardon me? we

The Court: It is alleged here that the eggs were -

ndt ofa quality as represented hy the defendants,

Mr. Fadlkuer: Whieh citation is that?

The Coutt: Specifieation, Foon page 5, In any

event the court is prepared te rule) You may read

the question. e

Mr. Faulkner: Before your, Honor rules, ‘sitb-

division Fis a partic ular situation that involves

quantity of eggs being presented to the Gove rhment—

and being Kejected hy the Government. It involves

a rejection of egys. There is no rejection involved |

in this testimony. That is where -vou have pre-

sented eggs to an inspector and they have been re--

jected,-and we have no sueh showing here.

The Court: Reframe your question. — 9.

Mr. Pratt: -Q. You Say you were called to the:

galley by Mr. Oscarsson and there examined a eRSe

of eggs. Wriil you state to-the Jury just, how you

examined them and what you found 211335 ]

Mr.- Fadikner: The same objection. that wag)

“ne to the Court j moment age. |

The Court: The o a ection wilt be dverrtiledk

Mr. Faulkner: -Exception.

Mr. Pratt: Q.- You may answer,

As 1 took several of the e<@s and breke them

open tate a bewl, ane wirrb-4 fond. was that. the

)

sake Ble \ CAR

tise

Din Uae Serre oo aes

Coe

Peete

yo =P chy Seed Tap aban

Digby AEG MAREE peer aes

Jira

BE a Gm BION Hy FS

s its Ls SateRh's Bias

MAES een Ie ESTAS «

SRNR aes SN ao Ee s

UR. Coir dl States of America -- 41519

CVestin: eile \ oF eit! if. D hex. , ee

Whites were Watery, They wor + fol ‘ gether.

Also the vi Hows MeeT Tiseolared fo wee rtain 2 ail it :

cis

and tat = rong oct ar,

é .

G. . How Vili nV of the egescin this case did vou’

cexamine; Mr. Debes”?

vo A. PT would.sav about a dozen,

: +

Q. About: what?) - 0 AL “About at dozen.

Q. On-any other occasion did vou examine egys

13? AD Wea 2 hee ee noten

Q. When was-the next time?

that- came from your chill box on this vovage No...

A. Chief Cook Thomas Tolyircalled re into ‘the -

filley to examine ches ‘the re, 100.

Q. What veges did) vou examine there? How

-Inany eggs were there? *

Mr. Faulkner: May I have the question and

Answer read ? ie ens

(Record rei id.)

4 = /

Mr. F aulkner: We: ask for the time, your Honor.

The Court: Fix the time. |

Mr.*Pratt: Q. When was that?

i A Maybe a day or two later.

Q. 7 You went to the galley, did you?

A...” Yes. ; oe

(). . How icy cases of eres did) vou finn there?

\. About three, fIS3e]- : ?

Q. ‘Three cases, and What examination did vou

make of those eggst -. : os Ss ae

Ns | hroke Some inte a howl as before of the

three. cases and | ‘fond the same result,

QO. And what Was that result ?.

. anion ph

Jo Airs

e abe

aay answer.

1520 Me ab Néigser and T MWouchar ~ eee rea

ne Sears a

(Teatimony | Peal The Dehiegy =.

Mr. ees The same: objection as made

before, your Honer.

The Court: > The objection will he overrated, Ile se

Mr. Pautkner, Exception, and uipon the &arther-

ground that the comdition at the eggs at the Aine

(this incident has no relation whi ever, accordine 4

to the foundation laid by the testimony Introduced,

by .the Governnicnt itself, to the condition of the

eggs “at the time of ‘inspection, Keys nvly he Wt

4 om *

‘spected within twenty-one davs of the di ite of. des

livery, your Honor.

~~ Pie-ECoiret—ib-eees to the weight-ofthe +esti- —

3 : - .

mony. LL will allow it.- The objection may be over-

rules. pee Pa peep Nees Geta Me

Mr. ‘Faulkger: > Exeeption, :

Mr. Pratt: Q. >What did von find with regard. |

to. these eggs? ; | .

A. ‘The eves were, whe no oT broke the COES ODEN. -

the whites were Watery. w hen the hovs tried to fry

them in the pay thes] paftered all over. "Phev

wonldn't shold bother, and the. valks were dis-

¢olored, some of ce cand they Ah Ml a Strone ci tee

cons

| (). How. many eggs did aii examine hy break:

ihe on that seeasion ?

ae would say about a deze and “a halts

I 6),

What proportion of those eggs were of the

character that you have dese —_ ! :

AL Eb world say about 12. 13 P1337

ey Ont of (a cavern eres if

‘

ae, Bad tae

ant, "

0 hk ae one ctr Shade at f America. = , 1521 .

.(Pestimor voi Pan Af. Dibes, arose

stated ay hat, if any oder there was. Prom these

eyes? ie

A. More ori thie mise tyne,

Mr. Paratha >’ What. is ny

The Court: * More roth the ‘sulphur type.

Mr. Pratt: 0. Snilphir odor brid yor on any

- late? occasion eXamine any eyes on that Vovage

No. 13? Peay ee res :

AL \NooT didy ty although | had the same\ com

‘ih pints always. 0°. | | ae) \ oe

QM. Ine examining the eggs. that vou spokeof,’

first for the. baler \and “second for the chief cook,

did yeu find that the eases that yon examined,

were full?

A. ' No, some of ‘the eases were not full

QO. Will you explain what you. mean by* that?

AL Twas told by the chief baker——- oe

Q. No. noo not avhat you were told. Mr. Debes:

what did vou observe 4 |

A. Several layers were’ missing. | Sats

Q. Several laver's were missing, and will you,

_deserihe how that Was? ls pare

AL On those oer ASTONS when Twas down int thie

valley, in fact it Wits pointed out to me that the

eves had two Javers missine, and they showed me.

hay they were packed, The top la ers were full.

att vor lifted f tt ‘the gratings hetweep it. ser: van

fogid fave Tivers were empty. The dases looked per

feetiy fallin the heginning, — pei Me pea

€)° Phese eases” thant “ven ENA val, # tryst the - -

Sifivle. case ip tha halostan, nre Vo} a! hte

to ostate

1522. | Nye d& Nissen and A. Moncharsh

(‘Testirnony of Paul H. Debes. ) ee _ =

how many eggs were missing entirely ffom® that — 4

erate? i yee faye vies 55 | 4

A. Two layers. That means six [1338]dozen,

-Q. Six dozen missing from that case, and ine. _.

~ the case of the three, eases of eggs that you spoke i

about which yort-examined in the galley. how many Se

eggs of those three CASES were missing, if vou 3

know ? a | Hates ot is :

AL There was a layer missing in each case,

_ QQ. And how Hi ov eggs Ie layer? :

A. Three dozen. ; |

~ Q. In your experience on that ship on Voyage

No. 13, did. you on any. oecasion order eggs for.

your breakfast or any: oflier meal?

Mr. Faulkner: Same- objection, your Honor, in- 4

competent, irrelavent, immaterial and hearsay as” 3

to the deféndants, and not on of the issues in this: Pp

‘ase, Bi Orta: | Bae :

The Court: The objection wilk be overruled.

Mr. Faulkner: . Exception. | ss fea Me

A. Yes, I did. | Age tia

Mr. -Pratt: Q- How soon after the vovage

stat ‘ted, did you order eyes for breakfast ? ‘ > a

A. The first day and the second day out.

Q.° State what vou observed or. tasted in regard

to those eggs? “oe Pie

Mr. Faulkner: Same objection, your. Honor.

The Court: The ob jeetion is overruled,

4 The eggs were very bad. You hardly could

eat them. coe i

Mr. Pratt: ay Were vou able to cat them?

A. Well, I finally did eat them,

° het

. ee 4 7

CCucted States of Amekiea- 1523

+ ¢ . a OF th :

‘ay Sti of Pai] Tf. Debes. ) + if

YQ. Dw You, on. stubseque nt occasions order egys -

for breakt rast Y {i wel | 7 /.

A. Yes, 1 did.

Q. What experigice did you have with them?

y. ee found the. same exeprience. | .

Q. Were vou able te eat the eges.

A. No, 1 finally gave up. Eas en.

di — =n

erticcenese Sa th

"-Q. L want to ask vou. again with regard te this:

chill box and the manner ‘in whieh eggs were - packed

or stored iti the chill box, WH von describe Boer the 7

eges were arranged inthe chill hox % _ Bee

ee. he he eggs were stored sey en hoxes WY a. row

and then on, top of each other

. ‘Seven boxes high? -

ates

A. No, seven boxes wide and: nine high. ‘That |.

would be between each layer there’ was dumnage.

). You mean hetwe een each ease of eggs--— ~~

yee ; fd

(). There was dunnage ?..- 7 A. Dunnage, Ves.

-Q. What does that mean? :

Behe ;

A. ‘That is a _ wooden strip just like a= lath.

It is about five- e ‘iwhths of an neh thie! and an‘ineh

Wide, * A : rei . é

oem, * Ww hat. is the purpose of that?

Al For air cireulation around the eves.

(). Did. the lowest cases of eggs res! Imamedintes

on the floer? * A. No. on i.” ating.

Q. On aoer rating? ‘ Yes.

(). So “there Was circulation of air alk around °

all of the ‘eases, is that sieht | A. Nes.

ey Bea ae Le

- pies \ he \ 3 : > ve

1524. Nye db Nissen and A. mnmenarer 7

“(Testimony of Paul UH. De bes.) oe

Q.. And was it maintained inf that way during

the entire trip? . gl. -Yes. [1310]

6Q. . Now, referring to. the. cases in Nhicly there

were empty: lavers, werd these ¢ ses wlosed whe a

you went into: the. gallek or into the bakery? re i

A. No, they had been. opened already. @ -

wy ‘And the top was oft A. —

Q. And otherwise .were. the cases full of- ege's ?.

AL. Yes. ie

Mr. Pratt: oe think you may. CLOSS-CXAMNC.

Cross E eatiiuimtion: pat, tah, eos

Mr. Failkner: Q.. Mr. Debexzias | understand

the cases of eggs which vou hayé- been referring —

"to were on what voyage? | A.” -Vov age 13.

Q. You have a,pape ag there ‘that von tes tified

from. T will ask that it be marked for idenitifiea-

aE aU | Meee rae

. A. Can_-F get that back wilh my: files, please?

“Mr. Faulkner: I submit, your: Honor, the wit-

ness used it to refresh his reelection, and _ it’

should he. a part of the file, but if it is possible’

_to return it) to Tim | have ne objection. hut |

wouldn't like to. he asked: the “ynestigh now. |

ake | he. Courts: It may be marker? for Hiegigirvose, te

of identifi eatin. : 3

(The doeument was therenpon inarked Dee

os ; . * , . . ah om . a ee

has fendant = init W for [dentifieation. 3

Mr. j talkner: We. will work this out so the

with ess, won't i ‘jneonvenienced, Pee aca wtf

(>. “in vor reeall when flat shin de ft. Mane Pran!

“9 . 8 3 :

f ra - ly . * — = €

eisco on Voyage 132?) — A. De cember 6. punt

* ona Z ‘ ? ae

BE Ras Reet ie) es ;

- ; | U hited Stats of dumerio a .-- 3585

% eee Hoe t, ;

: Be (Pestimony of ul HT. bh: me } re siege ia ah

Co ae Be pteniber 16? ane tee December 16.0

QQ. December 16—-is that correct? .-

AL According te the book. ves,

“QQ. * Ane the hieident | that vou have referred ar

‘related: to 2 few days after . the vovage, is. thant

correct z A. Correct, ace ae aa

——

— QQ. Do yor recall the incident of ‘+ © loading of

a ship With. a “piantity of: eges from Nye and —

Nissen! - 2.” _ Yes. ee.

©“ Q. Were vou ‘present’ when they were Jrought >

down to the doc ke? ; a ee

gt. ee was not On the doe ke no. sir.

Q. Do you” how - long they rani on

‘the doek ? AL T couldi't tell you: |

(). Do vou know, Mr. Debes, when the eggs

‘were inspect tid in the pant of Nye and N vissen ?

ne. No, T do not... ° = ig at a Core

Q. Do vou know when the egys were orden ed.

from the firm of Nye and Nissen ?

Bee. oe 4 de not.

(). ANG many davs - hefore ‘the voyage started

Were re those oS placed DP hoard the ship Hawaiian

ie neue they were aboard about four oer

tive days. The: Skip Was loaded, with foods stores

before we started: » load carge »-and troops,

Q. So that if aN eggs were put. aboard ‘the.

slsieefonir or five days before. the Vovage started

and were. deliveréd on -t] waterfront on fhe oth

of Doce anher, a have remained

the pier for a-period of five Wr. six’ davs and vn

1526 Myc d: Nissen and A. Mencharsh .-

“(Testimony of Payl HE. Debes.) gas

remained Onl the Ahip for a period of tive “or six

dav’s ‘hefore the vovage started, is that right?’

A.: That is. ossible, ves. [1342] .

(. When this voyaye hid finished what food-

stulfs were. in the ice Hox or in the cool place

on that. ship where.eggs are stored when your

wovage ‘ended, Voyage 12, ‘i 1 respect to other

‘merchandise than eggs? Tea

-. AL Probably some .oranges. ind crapetruit, let-

-* BTUCE, o

~Q. And, how Tong had those materials been in

that iee hex? - A. During’ the whole Arip. ‘

Q. And how long Was thes trip?

A.- ‘Trip No..129 .

Q. Yes.”

. . . . . . % ; : > hy

A. Limagine it Was about two, two anda half &,

montis. I can’t reco ge exactly. —

y. ‘So that there were quantities of! fruits and

vegetables in the same storage—box that the eggs

were placed from’a preceding voyage, isn’t that

right? . <A. Thatis right. = | PN

Q. Now then, some’ time all those articles were

faken out and - the ice box cleanc dont, is ‘that

right ? A. “Phat is correct, fess

‘ Q. And then thes were put hack in: that is...

correct, is it not i AL Right.

Then in addition (to ‘the old: fruits and veg.

fe vou also placed in ‘other frnits and vege-

tiihles for the purposes of Vovage 13, did you not?

A. ‘That is right. da

Q. What did they consist of ?

> Sten De

; a ous. Ua ted States of Anierica - 1527

(‘Testini@ry*ot Paul He Debes.) .

As’ a of fruit, grapefruit, apples,

oranges, pears, lettuce, cabbage, celery, carrots.

Pt “AM in the sane roomy Where the eggs we ret

| "Phat is riglit. ae. .

g ae Did vou observe the cases in which these

- eges came?” [1543] - oe |

A. What cases are vou speaking -of ¢ ;

Q. Vovage 13? AL. Vovage 137- |

Q. Yes. Az - Yea. . i : |

| Q. What kind of cases were they /

eae They were wooden Grates. -

| Qs Did von observe aiything else about them?

Base. an. S ‘partieularly, na.

% . Did yonsohserve any Tabels: on them? _. se

A. Yes: -. _ . ete

. .Q. What kind of labels?) *

tae i don't remember exactly. 1 imagine it

was a Nve and Nissen. label. 5

Q. - I do not mean whi at you imagine, Mr. Debes,

+ do vou, know? ii ee re tae |

| shee. Not for sure. T wouldn't say anything def

Inte, .

(), Not for, sure ?

: AL No; Pant not sure ahout that.

think vou, testitiod, three cases of veges that were ~

on the shin from the Preceding Vovage. Vovage W. <5

is. that correet ? 2 NX That is: right.

4) Where were those eggs kept?

« - Al. In the chill box. ©. | Comers Ca

,2 Q Tn the chill box? 2. AL Yes. |

PAP y Nye ct Nisse pean ‘A. pe ae sh

CT stimioniy of Paul H. Deheoss 8 rise eee

5 te . ree ms Y a wy

). dn addition to that “von, ordered Tenecases “i

of cogs for pert feeding, did vou not? . 8 2

A. That is right. .. co ei eon lS

) Whol did: your ordey them. fom?

A. i don’t reeall ‘from whom they came.

. &). So “1h all vou had ‘three cases of eves that

.- had been ona vOraReE for seve ral months and you

oe Tiiiel ten cases of eges. that. iad bee ordered for:

ort “feeding, anid they’ were all im the chill -box, :

iNthit correct ! ? ae. he Thi at is right. [itt]

ON -Whfn vou a Case fg eggs in the |

preseney of acdbaker, they were in the galley, is that, |

“eorrect / ~~ A. - That Is right a

And “Ty aver in a box? . A. Right.

aa ene

And You broke. some of those eges 7 ;

That’ is right. :

ee we - we Ow

Q). And they were nomyery good ? |

y No. a ee eet ae |

ee ta oe They were Wi ate ry lee: NL Bhat is Might.

Mate. | Mage which Ineident oceurred fivst 2 _ Phe

byoakinig of Cros that came out oT one CRSO OL.

| th: brenk ine of eggs that caine out of three cases?

| ee The Oe. Case Hirst. “ = .

(). Now then, what day “vould yor say that wis:

it} respect to fhe time vour ship had left ‘San F ran

cisco?

Ma. Wwould SAV abit two Or three davs ott

«) ne Yor. ere TWo or three davs out at sea? Conld

if ey gi b Ger: honoep? . Bee 2 . ‘ SF

2 . : ‘

‘ ‘ ’

= O° . . .

. 3 .

“that vou Fostegya} They: Were tat the. tvne that Cap

:@ ——

es. United States ot Anierieca 2 1529 .

(Téstumony af Paul Hb. Bits -

AL Noo it could have been the fourth day, bat

not any longer. . ce

24 could have byeteyy the fourth gla ‘

? |

ae ko) a a oe

QQ. And the baker was using some of the eges, is

that correct 7 ae Yes,

d. And you had examined that case ‘of eves,

is that correct ? foes. Cae ily is correct. :

2. When vou eame inte ithe jeilley, the ease

Wis Open, Was If not? AS That is correct,

‘). Am b correct ‘in that ?::. A; Yes,

° ; “ ’ ° oa r .

Q. And vou observed, To think vou Satd. about

a dozen anid ‘a halt, PASS] was it. or about. a

dey Cn gs “about how many CLES dic Vou Open

Onl that Soreasion 2+ AW About a dozen, . 3

Q). Did vou observe What type ‘of esos they

were? ©; be oe a ei Pes

, . ‘ . = a : O

A. What do you mean by type?

_-Q. Were they white eggs? + |

——

A. Yes, white ege’s 2

y% Were they large ‘eugs 7 rite. Ae. tee fe

Q. Were they. motdy % > &

Sega didiy't SCOG mrovib| ‘on them, nd, 3°.

Q. Were they moist?, °° AL No.

Fe Ih) - other Words, Mr. ~Debes.. before Yau

opened the vows, as you observed ‘them t! ere inh

the CISC, was, there ana “condition oliservable te

vou that woul’ indicate that thes Were Hob Coos

af: ened quahity { A. No.

QM. And it “was not until von broke tite eces

: nf ‘ .

1530 Nye & Nissen and A Monchargsh

CPestimony uf Pant I. Dehes. ) . . 4

rhe toronjoy every morntis for breakfast, Is that me Z

yieht?- OAL That is it, eer Ce

QO. The whites were watery? _ 2 |

“oA: The whites were watery: .

: ae What else did vou observe in relation to

the Cues Mn the haker’s ‘galley 2° ee in 3

AL The yolk was discolored: . It wasn't as light es

in color as it should have been. i | a

A). Debes, in the matter of eggs, in California

the people oie a light yolk eoo and? in the eastern

states thea like a deep-colored egg. Which ‘was *¢ ae

that? - ine ca ~ | v

a More of a deep-colored eve. \}

@. fn other words, the white was kind of watery

and the yolks seemed darker than you would like

for your taste? | , :

A. That-is right [1546] Z

Q. After vou - broke the dozew eggs, what did $

vou do with the case of. eggs ? :

A. | let the baker use it. a \ aie 7

Q. What?) ALT let the baker ase it. a

A. Phen hew, long _after- that did vou have §

-another: inc ident relating to’ eggs / | |

A. Probably -a day or two afterwards from a

the chief eook, : seat iter 5 ¢ Pe : 4

QL Well, could it be longeb? AL Possibly,

: Q> Could it Te isies of four détvs later ?. ea 4

\' No. | don't think se, | ae Peek eo 3

“am w

AE ee Be

). Well, a few days. Then. that wouk] he any

vhere from. four te six or seven davs at sea. -is’

that right? .

PE BELENS AS

ous, United States of America 1581

Testimony of | al Tl. Debes. }

(*¢ nil

wa -

e .

‘Tooke

‘all th

tie 4

“©,

Just about, ves, eae.

This. time it Was the cook ? A. Vos, ‘

daintJof the cook 2 7 A. That Is COPrect,

And vou were out at sea fotae to six or seven

No: [ couldn't say specitienlly. (1247 i].

You did hot obse ‘rye the labe Is?

No: acl at at Pa

sut when you had the cases ‘open. as you

deat them, did thes: have any appearanee at

Natt wold. inedieate: to vor fem veour handlite

evs that, th wy. WEE hot eves af a) snality 4

Not’ from the outsidi - looks of there.

~So it was hat mitil vou broke. the bugs thee?

ise eovered that-the whites were watery ,

Vhiit is ae

Ati they haul ate odor? : :

That is right. ° - i

Was there any mould on the: egus ?

Podidly“t wee ane: ‘

; fae - ne *

Is that right?) Now. then, this was the first *

days and. vou came dowie and vou saw three cases

of eves ¢ A. Bhat is right, .

a). Aud they had heen. ope nerd ,

AL They had. heen opened.

(). Yous were hot there, itt other words, when

any of these cases were ol ened 2? .- “A. No.

'Q Did Vout obse rve thase + cases Tope Nee ORG

- . Did you observe what: type cof egges thes. -

were according, to any label on fhem ?.

A. They were » white, white eggs,

Q- I me ane “Recor: ling to Tabels?

‘ 1 e

Ps °

~ 1532 Ng “( Nisse n and 4. Mor ncharsh

(Testimony of | aut if. I, hes s.) Pe

(). Did you observe the condition of the tillers ?

\: ‘ihe Hllers” were fhe ones [ looked at. were

dry. a ; . ? ve

“QQ. Was the case dry?

Sa, The. "ASC WLS dry.

0).

A. Not partic marly, He,

bh other words, vou know that if the fillers

were moist all’ that the cges, would deteriorate ,

right away, isn’t that. correct Pea ae,

Q. g¥ou also know that if the. temperature of

that ice box was not. maintained properly the eges

would deteriorate rapidly? mn

A. That is right.

Q.. How rapidly would, they ‘de teriorate, would

vou know: ‘ia

AL No, 1 do. not.

-@ hey change very fast, do they not?

oA. PF coudn’t say” that. | eb) “Hot an expert

on that. | ; |

s(). What else did \ on observe Wrong with those

eges {You ‘deseribed the oder, the volks- Wwerg

thes pretty deep colored. flcis] tow?

Ac 35 o6.” | |

Q) And + thre “Whites were watery?

a - The Whites were Water yo sta

4); What else? | | |

“AL When: the hoys

ronallowver. They sthek to the pan. “Thee contd’

eetothemeeit atter they were fried. Phat as usnally

Did: vou examine It particularly for- that?

tin ni ae

Shy : MN, Vnited States of America 1533

“Testimony of Paut Tk Debes,)

the ease when the eve is net ‘fresh, when vom get.

them ina condition like that a: : ne

). What was done with Those three cess ?

\ They Were “used Ln, rinde. the best use afl.

. You saaipled about clehteen of those coos 2

a. Mes, | . :

a nit of 90 lazen sts thet coppoet ?

“AL That is right: :

“O.. And did Vou take thera ont of etel cnee?

A. Yes, we took outa few of each,

a How mini did you take out of Cacd ense?

A. | coulda’ t count thea How, IP couldn't say

for surecif 1 took six out of one, tive out of aN

other, three anit raya another, sgt

Q. In this whole voyage are. those. foi cases

the only cases of eges that Vou personally ey-

amined 2 A. Yes.

0. And? that vovage lasted how lone? ; ;

AL feimagine it was three and a half or close

to four months. - |

6). Dd vou use the eges that vou hall onboard .

approximately throuchont the vovage ? oes

\. That is all we had aboard. We had to

Hse then’, ee ees | } ry

| use thenr? © A. Vou.

(). Now... Mr. Dehes, ote the Oe Stay f tris

| mean von did

“> =f ae . “er

th vevage!-dide bo onnderstand ven te <a. rhrit

You were also on the “kth vovace ? [1339] :

ALT bee vour pardon?

YM. You wert also on the Vth voyage of this

4 s 4 ‘ ; . m=) . 4 . ‘g

Vosse] 2 «. A: Thatis right. .

1534 . Niue ae Nisse wand A. Moncharsh

z ore Ate : 8

-CPostimoiy of Paul H, Pehes. a

(). Am I correet in that? . A. Yes.

Q. Anid You had) receive ul a qiantity of egyes

sole nionths, before the conmumeneemebht oof Voyage

OTe ee Phat is right.

ie, is thal come

in other osde: ‘on Vovi Hue 1 the eggs ne

(

“were used by vwour-ship were idemtieal in quantity

as those ordered for Vovage 13, were they not 4

A; With the exception of taste.

(). Pardon me ?

A. With thee seeption of taste.

Qo. With the exception of what ? pews

A. Of-the taste of the egg. Nek paws

@. No, T mean you had 400 eases of eges for -

‘Voyage 12?) - * A. That is right. a;

Q. And vou sot another 400 cases of eggs for

Voyage 13? A. That is right. =

QQ. Andi you got: the same type of eggs on both be

lstanees, ‘according to the purchase order, isn't

that correet 2. ie mas on :

A. The same. ti neat all times.

QQ. And there was no complaint of the. 400 eases.

on the firsi voyage ? 0 My. NG, wonlrees

(). How lone have vou beer witli thie “Matsem °

Navigation Conipany 2 | cee

A lo have bee ne with the Matson Navigation

“«

% OLIPANY, three vears [1550] new,

(. Plow many ?-. AL. Three vears.

*Q. ‘Phat-would be- 19437 0. A. .About: 1942.

- mis s

=. va, Cnited States of America 1535

Ch “Thom. of Paul if. Dches. | ;

Q. oAnd woutd vou always be of the Peaian

Shipper? -. 2

: prpred ,

(}.

().

“A,

€),

for

pes tok ae rh

cases’ frome the

Vou ,

().

nob ;

pms

mm 8.

“BAY.

Q..

“Na, fowas*

‘Mr.

page whete vou.

Vovage 13

The Bay of Leyte. an ae

€ ‘amine

Faulkner:

hes

The Matson pler |

- Were then? A.

lb tlie:

* Debes,

Monteres behore, ;

the

aw thab about the eros Tere ,

N ( a iF

(oo yeu anitied” showrig: me

Pave Chiinding a doeument to

Faulkner).

— — . 5 * P é .

fi addition do the LOO cases of “ex:

— he

vinta 10: Cases for ships stores cand ”

prlor voyage, you also had in suildi-

* tion to. that, 50. other cases of “edes on board, didn’t

ig et y ier

Where did they cone frome! >

Clie from the SS, Monte rey.

From what ! ; ;

The SS.- Monterey,

They

Ll took them aboard: i

In what? an fener e .

In the Philippine Isiands, transferred stock

$i hit Is c oniing home oy coin ot! t

home,

« WHiihiy

home on. Vova nse I> ’

‘On Voyage 13. '

Seeles TS. Vaya age 1, 3, de you S2N t

Yes.

lh otherswords, they were not

bees ‘he. eo:

O52 is that where

red down Here iit

1 right,

M Yr

‘That. i

sti 1y Was the re.

Y our

Debes ersn’t the

\+ -

Me;

Vol

5 ;

s ordered. .

1536 : Ny a Nissen aud AL Monecharsh

Cs ST ED etN of Paul He “De bites, ; re a,

vovage “ Levte—. EF 1] isnt thatavhere vou have - 7

the Ope? Vase of -egys ? You | have the word Bhevte! Pr _

Tand tgider it vou have “| 4 i

OAL (Gh ves. that is the one mak we sotdy think, \ 3

to ar-officers’ Club. Db don't remember, All of those +4 ‘

fietires are cays that have beet: trinsterred ar sold, oF -

Q. Tuo other words, the exes vou liad on board 3

that ship al ‘the ontset of the VoVEees Vovage 13, a

yeu sold’ some of those ones to the offteers out there ix

it Levte-is that right? 0°92 7 AL Right.

Q@. And those Were egys that were part of, the

SOU cases of eyes vou get from Nve and Nissen?

A. Lsold OE Case,

aes 3

Ute et ae Ree

LPT Te SEL A SR

sat Ae Nig) io

-Q. We Ih, whether if Was one or-ninety-one, vou

aubats

Sheet»

soli them somerof those CLES, is that right ?

OAL That is right. :,

2 G: W hat does i AY he ‘Te. above the column ? ts

that also the word Le te? i |

| A... Thatis Levte,s VO. < e

Q. What is‘ that word ? A. ‘Hollandia.

(). You. did! het get any egos there, did. you! -

oy ee - :

Q. ‘That means a receipt at that point, is that

right? as | ce ;

A, Phiétas a recerpt at that port, 7

a Mr. Debes, vere veut wir the stip for Vi evaue

tS eee A... Yes. ie

). When did. that ‘Vovage start ?._ Set

“A. April I te’ Min 28. |

Q)2.- Can you tell me how niany cases of eges were

. ; ; ° :

ws, Cnited Slates of Aimerceer . 1537

it atin PENS er] isl 2 Dehescy yee é Bae .

ert on. at The conelaston of Vovage 1S fron vour

recorve 2. : ry -} think tem. :

4) Thy anit vet have the reeerd,

A. Yess ley Uses. , ‘ _

QQ) oer that of Hie (G2 Mises Sar, rather 4603 cises,

x finished with Vowvage Is PIS] there remained 107

“eases of eges leftam Peorrceet.on thert 7

OAL Phat incorrect. - . < eon 3

Q. Did’ von then revietnel for eres aa eine

14? | ALL bee our ardor ” ;

=. “Did vou revietval the Ship for ege®. for

‘Voyage 14? tn: Aces fee . .

“Q. Do you know the quantity: ae PTE

a4 ordered 400 cases, os a

Q. Do vou ‘Know who von received them froin?

O. Ne, Tdouwt remember. . a

(). on dont. remember? ; A. No. eae

{). De vou ‘bemmemiber where thie eas were

stored 2” ot M+ Tn the’ same box, } |

Q. Wer the eges all right? - A: Yes. |

Q. On Voyare tt the eges were all bight? 2 °°

-Q. Can vou tell me the date that vou get thre 3

eyes for \ oVaee Ti from thrs ? ae

‘A.- No. ean t ted] vou from this,

Q. Can vou tell ine from vont discharge certite

cates about the time that \ ovage D4 started ?

A. April 3. ine ae

Ase - A; Appil 3." me

Oo Wem eeet o e B:

EAS 1538 Nye & Nssgen and A. Moncharsh

(Testis ny: cof Paul- H. Debes.)

As Yea sy and wel cane back May 28, OK *

Mr. Faulkner: - Will “your Honor indulee me on

moment ? . . & :

The Court: <1 will exeuse the Jury fora few

jimtfes, ait: | z

( Recess. ) {1353]-

Mr. Faulknet: EFask Mr. Pratt at this time for

the Luspection Gertilicate that accompanied Exhibit

US. 74 when it was brought to the Govertiment

—oflicers by the Matson people. | ,

Mr. Pratt: 44d think that is the certiticate

Perhaps that can he repaired. Have yet some

Scotch tape there? L-owoild like the record to show

‘that the Government has produced for Mr. Bautk-

ner the inspection certificate of the eggs that went:

on tHe Hawaiian Shipper for the thirteenth vovage,

the inspection certiicaie’ being dated “December: 4, -

144, and December 5, L944, there were two dates.

‘Mr. Faulkner: It) wouldn't appear to be, Mir.

Pratt. This says, *'TurkeyS* down here, 289 plus

0; that would be 319 ceases. ee =e

Mr. ‘Pratt: ‘This certificate. seers to cover the | aq

inspection of 519 cases-of eggs. " .

Mr. Maulkner:. We w iid ti: ark ou Dei ie ond: ints” box

“hibit for identification, vour ‘Honor, May | have

the INSspection certifieate for | a ONie o dg, Nig Prati ‘

We will ask’ this bemarked for identifiention ‘-

eicitor., ics

Mie Court: i mav be adiidied cad marked.

4 The ‘ Loeiiue iyi Was wees Defendaui's’ Pos q

bidore OX ior fden! rie: itis aan *. Le ee : '

ae ree Sh ee

s ists £2 OTE ASS +

ee es eC

re eR EAN BNR EW ERE ED RO TON, EEN Sek CHR

Ms, { itide d Ntate x of 4 rhie rica 1539

-« Pest LITiOtas oof oul Lb Dehess)

Mr. - Pratt: | The ‘Government has Jodecc

] 4 a: . Se ote . ,

The PEeqient a} eonlise| fey ihe sdefendaits. THES Tee

Hom certiiente BoeBiacs ot te Hawaiian Shipper

dated Se pie nner Jo, 1944, 4 ae Be odd Hithe ases

egus -Je one to the PSth vayvage: the Govern mont

‘alsa “perclices. another certifienie’ for 111 CAS sat,

CLUS. Now, there. is a rere rence te the purchase

order atimber here. i |

Mr Haulkner: We-will-mark this. for identiti-:

‘caiton. One is XN. Let the other be N-b for Iden-i--

tification anid damp them .together and we can:

Straighten them out later, your [lonor. | ae

| (‘The document was ‘marked Deve ndants’ LIN-.

hibit X-L for Iientification.) pele i

Mr, Piatt: This is a copy of ‘the one that Wwe: ss

repaired. A ete os es,

Mr. F aulkner: That Is. copy of this, isn’t it?

“Mr. Pratt: . Yes. a a ; ae ea

| Mr.. Hippelhi : ‘These numbers identify them, up

Me oles |

Mr. -Faulkner: 2515.

Mr. Pratt: 2813. °

The Court: You have Wasted fen minutes trying

to pursue a dociment here, gentlemen. The jury

1 se . - .

is sittime here patiently. If. there are any deeu-

ments te be preduced let then all be -niade aviu}-—

able so veu cam exainine anv and ail of diem. Tunis:

Casmought to mroceed, eas re:

Mr. Faulkner: May the inspection certificates

relating to Voyage 12 of the Hawaiian’ Ship per t

tuarked Defendants” Exhibits Y and Y-1?

1540 Nae & Nissen and A. Moneharsh -

CTestiniony of Paul PL Debess)

‘The Court: Admitted and miarked.

ss (The documents were marked, respectively, a

Defendants’ Exhibit. Y sind. Y-1 -fer ldentiti- s

ation.) [155] - BN ae ee, Sag a

Mr. Faulkner: That is all, Mr. Debes, :

Redirect ‘Examination. —

Mr.: Pratt: . Q. At. the commeneeément: ipi this. :

vovaie . No T vou Have already sti ited th: r the ve :

“were some eges whie th vouchad on hand, namely 3 :

cases from. the previous voyage, and 10 re maining 2

from port stores used while the ship. v as ML port.

Whe n the eggs. that” came ony these 400 c¢asts,> C5 ee

you able to. State which eggs we reused. first? |

A. The old eggs; the if means the eggs that were

left aboard the ship from the pre vious voyage and:

“the port stores eggs. ee |

ae eee Qe Those were tsed et Ae ea

Q. As soon as the eeaepan came on board, that

was at the’ start ab the voy: age, » Festippose / SEG

As ie eo ae es

: QQ. Are you ble to state approximately. haw

many cases of ges were used: a day cat the’ stare?

| A. Betweet 10nd 12.

QQ. Between 10 and F2-each day?

> A. ach day. o is

Q. You spol v of takine the 50 cases of eges in

: the Phaiippatcs i Leyte from the stermship Mon

O.. W hay did you take the 50 eases ? | {

AS (We were running sh: rt « 7 fis... : I

a Sg '

ous. Uneted States of Aime rica —

Testimony -af Paul Eb Debes,

(2: You Were running short on eges. Of thesi

cases that were take Honat Levtel what remained at’ \

the enel of the vi ovage We if of those eves, were they 4

—

A. Yess) oe ee . es

ob 5

aot . j ha is e

Qo "These edges taken gn atGhevfe were packed,

how? |

OAL They were packed ine cardboard fiber boxes.

(). Fiber boxes, and: the other cases that were

taken on at the. commencement of the voyage were

dn Wooder boxes: Wooden cases 2 .

A. ..That’s right. is

“(). Yor mentioned the fact in answer to Mi,

“Faulkner that-during the Voyage No. 12 there were

210 complaints of the quality of the eggs ?-

A.-. That's meht.-

(). What, if my, comptanits did vou have in)

regard to the odes f u Voveve yo?

; i wee complaints. Mat. only. fer. the chief,

ste e RIGIN Mee cs cee Me Pale Diya te

cook, the chief baker, -bat also from thie crew... They

came to me and told me tha if the eves tasted is,

they were bad, and also from the troops.

Mr Pratt: That is all. eno

Mr. Faulkner: 7 Phat i Is all, :

. see STU RE OSC ARSSON,

ealled as a “witnese for the Governinent ; “sworn,

ise < Anrect. E Xamination ei

Mr. Pratts, Q. Will-you state your naime, pleage,

th the court ‘and jury?

A, My rangi’ 1S Sture Ose AYSSOn.

erers

tie chal

«!:-* ae an at sie . > is

: 1542 N yo Nissen and-A, Moncharsh . &

(‘Yostimony of Sture Oscarsson.) ‘.

Q. Your-first name? XY. Stare. =." &

) .Q. S+t-u-r-ef, Bee wie

Q. Osearsson. Mr. Osearsson,, where ‘do vou,

bed .

reside.? :

A. 1 lite di 144-Eddy Street. ache

Q. What? A. 144 Eddy Street. | ;

Q. Wheresbonis? - @.. M4 Biddy. [1397]

San Francisco a

The Court: 14 Eddy Street,

A.” Yes, San Francisco, ,

ay Mr. “Pratt: ~Q. What is your 0 eupation.

\ ~ A, Tspilas eook and bi ike ron sh

The Court: Sit back in Your chair and be com-.

*Yortable. This gentleman is here to take down ,

every word that. you say. If you w: ant to he ‘Ip him,

speak doudly. so he will be able t6 hear you. - Alt

~~ these jurors want to hear what vou say.

Se | A batt Q. Mr. Oscarsson, where were vou

pei horn ?. rep We In Sweden: tees ood a se id, ek cna ae

Q;. In Siveden t How long have you- been: inthis <3

country ? \ A. . 1922." ft.

Q: How long have you been at sea? . ns

A. 1 went to Seatin 1912, the 12th of Aprid,‘the | :

first time... : ) | iy 5

- (.. So you have been at sea for 33, 34, or 35

vears? A. 32 years, 33 years. | .

4). During all of that period have you heen a E

cook or baker en te: mets on the seven seas? ee oe 4

Migs. ude Ehoah om 3

Q. During the year fbb and, the early per ok: * E

194s >, on whi: if. bont were vou smaplrett | :

‘A. I was cinployed on the Haws nm Shipper :

2 ous, Cited Slates of MineFica 1543

estiniony of Sture Oscarsson, i ‘ : 2 | 4

from, both ma It Was. December IS, M48, tol P thik

if Was ubout the .PSth of Junie. in 1945,

2 (). Were Vou oli Vovage Nao. 13 oft thre Plein Abbat

Shipper! _. & eS, . . .

), And also'on Voyage Mo ict: eet ¥

ALT think Twas 14, to. s |

Q). Voyage I Started th December: of i944, did!

i! not? : : : or ts ear

A: < Yea. [i558 | seca 11th | rea artic! hes.

Q@. The Ith you were in port here in. San

Francisco ? ape

A. Tsigned the articles on the Hih, ;

~Q. Do you know on what date the ship left pert,

here? A. .It was about the 17th or Sth.

-» QQ. What was your position on the boat t

ae Chief baker. :

iiteaiaadha.. Ld. you. have.2, hebpci: at assistant. as cchied Eee

LT had a heiper.

—

AG lahiiee isn't he?-

baker on the boat.

. —Q). ‘He ix.called

We Hl, he, was washing up the pots and PLEAS. ‘

(). Isn’ 1 - what they callat? 32 cat |

A.. Seullim, 6. - : :

(). Seullion. 1 you recall low many there were

en that boat for Whom vot had to de the baking t-

. a

AL TE don't knew how. mans tliere was altowether.

We had officers going .on the ship and, bo dict

know, L had: a crew, and | had troop Officers wher

Liane V AWSSONZERS,

Q.2 Then vou had the officers of the slap? 4

ow ~The kgioers ot the =

-. 1

i ‘ . fa ake

’ J | ?

rks Be ;

ie os o Nye a Nisscar and A, Moncharsh\_., lal fe

ta hp dere te a _

dias

<7 alm" ae Life

SN. Pumade- out a7 requisition every morning to

. $ : m

. iz ¢

“4 Te stg my: “of Stire Gicarsaon: Po yan a |

é Qe \A Yuu Hie erew of thie. Ship, ; a a on a: ieee

. ly. Ox, and the sie es oe ae fe

E The whi it? ote ; = u See ee ae

: . a. Phi ys ude d sgldiers ir ‘the hospital. : :

: ag Wheover -\was in the hospital Were also

se ved by: “yolk, bsPfa as baking iS, coneerned 2 2 a

. (). v Did. you live duvinmg to da with bakiity tor

the aha: 6 oti board? - | ae

sie ‘A, vs ov Alay troop olficers, [1350]:

O. <n) ite j Hoa office is. be : - a

4 Aw And the inen who. was, who hi xd broke vy ans

: ; de ‘who was ithe hospital. ’

= : _ How about the gum ¢ TEN ¢ 2 There wis-a Ni wal

peter gn 1 TOW, on bord, Wis the eet Pe ie ae ee

ae aa oe hac them, too. ppc tee

~~ Ge dio: : many, altovethier, did you have ta bake

ey that voyage? - | |

wt The C ourt: About how many? ne

‘a Pratt: Q About how ee ,

a The eyes consishing about IDO, another. 150

| Wwe 2¢ 10a “afticers 8; whiely could’ be about, BOO alto $

: a a raner: of Tou ath taepapate bake sho

an the. bev il, lid Voil, separce froma he eabley where~

rhe thes: ordinary: oking a, as Gone. ) awl | xe Yes.

: : OQ). Bre that aren slid vent: have eceasion’ to. Use

egys your baking ?, , Ar Every, day.” :

, eg yo day... VW hem vou needed egos tow cid :

wy ett wat sthem.? a ee | : 3 ae

MN, i “yrahe a Ssfothe S47 { Hid rie wn ‘ ies 1545

bestar ony ot Sture Qsenrsssii, :

"the Store keeper on the shies rerial mv seutlronm wert -

cay aes | Sar anid Trond them Up te the Bake shep.

(3. The - Serbian WU ‘til hi Shh or iy)! then

Torn Udit ‘ate Po shop, to dhe hake shop from

the: Mores,

| .Q "From the stores? 9. -°

il i F rom the stores doy there, fs

. Q. W hen you sp wrk of the ‘store rect “de wes «byt!

. ; . ‘

‘i sa , \

: .

“mregn the chill box?

A. Cl bex amd my own provisions came 7! pom a

“the store keeper, where he had them, 1 had my-pro-

“VISIONS “fein the sioprokec heh pis6e], bint yt “Come

_ from the chill room, ( S oe er |

Q. Did. vor have QECASON | ste en te that chill,

c Poo during the-voy ate es 2 opt

ALT used to be fa ‘there about once OF twice

Oe Baye oe. ine 3 oat i

(). How -ofte reach dav was the eho) HP oreo open? ;

AL It owas: net opened more. than like about

Wwouldn’ t be wpen more than three times a day. > :

ne) Q. On vet Y, day you had oceasion to-go at Teast

: fice, did Vou, to the chill root! ?. on ;

A. Well, dnee I used to goin, the ‘re. af

were aetual 1 the chill room altiiost: every day,

fence is ry ; seeker

; A,.. Well, J would say every sePond. day vangy (fe

().: What v as Tht corr it tin } of: the: ehill room?

A. We aad a goad chil oor and iechoxes” in

oS that ship, the lest ONCS ‘Ty. ever see, : 4 ; e

f 4). y Iitwis a lariee chill iv nae ; ; s . | . :

: / 2u

1546" | Nye db Nissen aiid A. Monchagsh

~ 3”

é Postimiony' of. Sture Oscarsson, ,.

A. Very |: Irge. | \ | re AS VO Meares

QQ. Cap vou give amy idea of the dimensions of

that chill room ? aa il

“e

A, i would say abou! half as bie as this cot

y ee vt om, but nut so high.

gt Se, How high Was it. about? ;

. | A. L.would say abont, ol, three or four feet

__ ell, about ten feet, yine or ten. feet 8,

A. Yes. : : |

Q. PT want to know whether t ne bas the room,

| be: aoe rt vpyage was kept ele ane?! as ; Se

” Yes, thatis:-kept cleam - 7. | eal

ee Tow about the tempe rature, Was it ke pt at

an even temperature é C1: Lt 8 ged a

‘A. We hi ud yeefer engineer who. watched that

every MOMS Ss Fie oe

q). ‘Every hour. There were a lot. of stowes ih

‘this chill box, elilk room, besides eges, weren't

there? . Aa: Yes. RY By oe os

ae Q. Stores that would feed 2 caunle of thousand

or mare people during arather long ‘tripe?

A. Yes,

. Do vor recatt-sendine sO Tequisitinn Tar clus:

down to the Jorekeeper fo be brought from: the

chill room: early dn that vovaue? ed *

Soe Well, J sent down every day for some. |

AR “Every diay. Do over remember: any Oren shan

* where’ you particularly examined the eggs?

A. ft examined them all the time when 1 | opened

then,

be Oe

| | aie Conrliad “Si abe SN ef I mer a aE 1547

- reve . , oon

-) boston gf Stine Osenrssets.

: Q.. Wien vou used eges un veur be he ee

x. Voll personally. use them. parsormolis break then /

A Yes. At Sofietilies ok told tt heolber J

| ; |

break. maybe, twenty evus arya.

“gr - “> P t\ . e i fe !

'Mive ( lard. Ls Re YH Wels this, tHe ‘;

2 or the das alter, or di week aiter ! = |

“ : A. Phe- dai we siiled, well, wher we avere ott

: om Poiple af days Phd sone ees that we 40 see bal

3 acy LEM ey Prot thiit iis wr | hevortet hin Lawak: any

a . Hore me's, . eee ‘ T° ::

+ Mr. Falkner: | huiithe thre: sete ob jee hai tem +t

2 ; Test UOT as | inade to Mr. | hibex’. é | 3

. Phe Court Kix. the Tite aati place. . pean

“a

ioreht afte rthe vovage started ! :

Mr... Faulkner: Q.: Wiktthere a cratitig. veulf

- . = eal -

lignan? ‘ ae TaN: ae

TheCourt: Ob jeetion overruled:

the time wd pele ceeds Hiner : a3

fextimony’ is so general, he is Speaking oi gener

Mr. Paulknet: The last PSWer aay co out una!

Mr. Pratt: “). Wiha vou “re speaking pS nol,

* :

Phe € ourt byes ibe trie reeled, jt: wiz] aa

. us

Phe Court: Yes.’ Pix the time ane place. The

eo thre rt)

me ¥en, | think it Wits twa ad: yin atte 2 r rly

Wha at did’ vou discs ver ?

& Oh there Was sa aes fare , eomlar

use the mm; . a. Pe

eo ae

that thee Wiis anything. the nner tee witt =

. Duce ° = " . eM ‘ : caer: f “ne . Se

_- Mr, ‘Pratt: . Q. Pramediitels after Ale voy iss

started. DP wilhask vouwit you Pound ry Aine aking e its

- : .

Riese

1548 zg N ite at Nise le ped FP Monehuisl ;

- a

Vestimony ot Sie Decapuacii.

oF Bs W bigety (hie enses of eis Jade fae atl, bee oXf

SUL Carnie At atime?) 7 7AL One ease.

(i. One ease, On the een an von ure Syren Hii

of, twooor three davs alter the Vovage started, tell

just what vou cdid when that else of exes phie’ te

. : 2 he ;

voute bakestiap 24 A. .| got alcase of egus ‘

. . ae ‘ * = {

Nir: Maulk AS The same ohroet bon, to this “as

‘ i . ‘i a Py’ -

made to AP Debés testimony. on the sattie sthajeect.

er ; “tt pe .

‘Phe { t rts Overruled, ‘ ee A .

Mr. Faulkner: bNce gat bers. [ iieit} ae

Vhe Courts - You righ Answer, \\ hat diappened

an that. dday to - : oe, rey

“Mr. Pratt: -Q. What happened :

A, | [ vot-a case of evus tty.

The Court: QU Whe’ wot if up? Yous: We

he Re No; ng per aes :; aie ; ;

es oo hat” “tie of i: AY Wits this about!

-it was ie 0 hoe ‘kop dhe qaornuing.

QQ. This was on ta ais an ‘or third day after

you rant cthi } , : ; ae ne ae) ere Se F

a9 think i Was the second day out,

eee

Q)/ Albight: ‘Teli this Jury what occurred -

_* » te Se adh . i< ‘yy 1 s 7 Pies ye aey a ran ray set se Sead Te |

CLES bye: jUSe te WAS DIISV CATYVINS UP Stores, aa thé

* 7 p. * ‘ ‘ e

Se Ce o iy Nabe Set ¢

shape here -ior sot, sarod gee sabe eer ciel

‘Yourc-and | started to break: ole aty

-* that thine and place, » . =e

4. TP epewed thai case. He couldn't break seme

"Rea we

aturiod oe break’ 1 egvibp ihe ol es 5. fh Tit

“Ore rots * We AN ™: ta tee] a OW Fi

a ¢ ily: a Danse

" dein, ° yaa tls ,aasn & se oon ar ay Wwe Haat

sore, Simbad) regedietl OS poe ‘ Vy dew i Mi

7 % were ‘ Y p = ":

ae atye tiie. When

Eo neke J \Shahe Sof A dade ree

; oa \ 2 .

Pestimory of Sture {KC son, me

F _* Pi ae ss 3 : ; :

Wwe breakithems atop tee mihlh trouble too de that

byiit Lohad to deat, so P started to-break ome tod tw

ecrorn ar, e

Px, oe

“eo Dass le F ae te 3s .. } : t j

Mr, Prati: AJ.. Pobeviotisiv, tard Voar broken 4

' ‘ : eee eae Sas aR :

bdotiaa] ther iyi whe bow] , - a Y es.

; } ] 5 I rie oe 6 ” . a ii? ‘ 7

And Mohit pede Eye hy Whiter irl adv} idgaat

ou that oeensier 4

z e

‘ qe r) ' P ay pi ; ; vie

h. Weel, L-Got too mans rotten the dirsi eau |.

broke. Wes Potter, seu! And thet. | broke .cyrict he '

(friar, Not st rent, Nai then I I hrdke another One.

It Was Potter. Nid they prick. po eet thas ae

And’ then, cabled the chick steward dow i . [ls

Mr. Liebe. | . “a ;

? “nid seu showed hina the buon? - *: G

A: J told hint Why——~ —_,. aN 2,

= os Never mind what vou told: him, Mrs Oseais-” ne

Son, What til Vou dif A. I -say. look ; :

().. Nhat did you do anc what did che dat

AC Tie, hooked: wt ther mad We broke Sonne Prabe,

oon

| think While he’ Wats there We broke halooit ny bazen,

He said, I don't knox. what to do, You try te de

thie best of ite” Bt Pres | |

QO. What did vote do then?

Ye B rita Tes kev i breaking Then biveliviedhaal, one 7

at oak ime, aeriee j “vet = eg iver i cdectin't crext

adi tyisayy. three or four MTT. «af: a layer, TC ant of cb

ine 5 ; . “ VA = ee . X : :

sine Layers 1 ret as duh aster. et ares die iv

. i | ‘ : .

a. Hos many are ina laver!

A Tere js three ¢ dozen met daver,,

A), Gis abexd ?

ix And seme lavers Were gay, Mistly thie Testy

: . rs cs o e-

“th, 4) :

diet

‘se VOL Gof at the. meaty

Nye dh Nissen aud A. Moneharsh

of Strire ( parr renscelt, '

losked better than the Lat

fieve Was on the bettors. 1

sued to mie it Was a miel bigger ewe yao the tap

ee 5 oo

Here were’ these

This jo the tips? toe oe i Vat] ‘iy talkine about:

}

you were out?: 2 AL Ves?

cy:

of these eves |

1 A.

cst

Know

~We

can a

().

(),

Jisteontinine, Wat happt

[-went mioand T saw the chi

el dang i the calles if die

Never rained: what ane

Anyway 1 Will explain it. of

lor third daw, that

rec with. the rest

eft cook: about it.

Just Jeave that

le said. “*L don't

what to do with [1365] those eggs.” he say.

kept going this war. <The steward said, *"1

help "ag

Did vou send for <ome ree

send, for another case? Pep

A. We had to use more eges,

ised Two eCHses of eges a ‘day ber

THAN away. a nae ‘e

egas ! Did vou

<0) some davs We

cause Tf throw se

“Ordinarily chow ren ‘eases of eggs would.

se teeta th ee |

‘A. Well, some dave” 7 don "touse hardly one, and |

mite days H bse Hee cals uy to tWo. s es .

an this” oceasigt. how many cases. did. gn.

“hy oe ode Wise in order’ to et enough eyes t/,.. hers

i. uy pukposes ? oo About TWacvor more. A

MM bse ay <Soy ‘

low lone did thht eontinue

,) ;

on this vovage,

*, rs

‘ 3 - - “e it /

q 2 C . € j . ~ Z

| . : : Ms, q ‘pated States uf Aye rica’ ; 151

| Pestiimony of Sture Osearssen,

: i ‘ ar gees

7 ad ee ee Ww ell, during the Whole way,

Me Paulkner ~ Tn ether war is. d' bat que stion: is

: foo General, a. Jone hat? The vine he used

| ae aeer j tee AGi

- two eves for one / .

; yi AM gy ait: 1 will Wi ithidts iw’ That quiesti TF

- . . o

, :

. . v rt . yor is phe faved whet Ati se ents

j looked likes, thie whit's Vol ght aAVe spoke Py at is herniy

rotten? ; =e ms

A; We i. T. broke mevd ric Ane thes Wepre eel black’

: ihiside,

g SN 7 |

{ - - Phe . : x : * .

Ss A. Some of theme were coal black qyside:

. . ‘ .

d Csonie of them owere coal bliiek meside :

A: 7 Fust like Waite?

- thes sanelled bad Vefi couldnt even stand efose

y her vou broke then: and

to the mh and “some, wd wy didi’t smell <0 iad the, ere

olks were all Watery ni same /

favs vite Volks, | | yrit Hi fine

son matiy. Only w is much [1366] harder Ahan at

other egy yolk.

white laver was Waters, hut on the she I! there was

Just hike yellow inside wf the/ahe lI. whet be fhe whet

, Wap! stipe: ae

Were loady, ahd thes

af theny and just b

nd then tori sone euys | get tlie

). 4 tae ‘Kk to the shell. ‘ capes ape we

Ae And pity tines en the &é Hei:

eas it inh Sesiars blend ay se me a ky A ( \\ the Pau

shell wa f a po ; ; 1:

se 3 4 . ; 7 e “4

Re: Some, vol with t ne she | gebamenee : Pewee i

(). Hic yeu find in any of these wases there!

Were eves Tissing gf...

. ‘ ? sh ‘ .

Yan. Ds ry ibe. a NiSss i? ned” ‘4. Maicharsh i

« . ® , . J ;

Postini of Stipe Cdecuipssc tit? a

“AL Yes. yy Somme. eases. P-tound as hich as tive

iver [rtAst! WM in Serre: weiss

\). Tw fit iver ih i cane ee , ae Ina Cie’, .

() Hyun figy this sven ies Teows dnatev® eases of egis Fi

tired Venti birt ptites Veotur Paiisestiape

A. Nbout 60, . <a

Mer. Faulkner: The. sare objection ti al of tirs

Saat rryievnayy, Vay bhoror, iz ,

Phe Cori : ti he objection “vA if] In over uled. -

AS \bont 60), 63, | siless. ;

Mr. Pratt:. Q. ‘The eireinustiinees: thiat you haye

S] “des ribet — Hh See chi! Pen tiara day i ' the Voy -

“sage, I wil isk vou it hose conditions -ov throne @N-

S perichees: Were re pu nite “al nt Hvis ripe during the

trip? Did you find the Sanne Sit fron at any other

time? -. A... The whole trip os |

Q). Ch the lirst’ ease of eges that you have spoken

of oti the-seeond of chitve dax, of the 30 dozen -ezes

“an the | ‘ase, how tpgiiy were vot dible to aise int bak:

ag? sar Aes | Besa)

(AL Well, bused 9 Little too [1867] mutiny where Doo

should t use because Pb had: to. - 1 lid? want te

vor de sertbe that sitation ?

Po ie 4. s. . 23

ee SS EUTATT TALE ~ 7

ied so -- could’ Tse more “than. if dik I. had fried.

thei se bose quite afew ttn exes Hi my bakiig..

«>. You ised abouts To thirds. of ‘them?

ry rend ; : 5 Si

1. should xiv used about iwo-thd rds of the eges.

* . ons é

( fa Uses: Where, vou found aes, anissinig will

i a fou wi an the ini He. of cases and somefinies”

g *

US. lnited States of Aine ried | : 1553

1" pal ; "

tyestitins mivocaf Stine Oscarssan, >

the Ieee sa laver missing: in both sides: * br -sornie

Ses pe Mest edhe LUV PEEESSEDID cody eetiae sbeder’ ‘Th

< 4

. : eA f i ee

SO TASES there Weis Bik Ef. SCVEH Ju ae - C20Z0T!] CEVA

Wilssthig 1th the a leaye .: . mae F &

~ =

(). Phohow tuanvsenses ed egos that vou exediabiwd

during that-Vovaeve die vou tind mipssipe Guo. °

tg = : : ; . ° .

* e 4 . , _ +t i Ps 4 7

Mr. Feulkner: Same objeetion. vour

. e ‘

oat ‘ : 3 ° ‘ j Bick ee

~The Court: -Thecobjeettien will be overruled.’ -

os erat it iy { o) . . orn oa . Ar £3

Mir. Biitiiiners’ Th other words, vonr Hono that

, | a OF pe otis es FT hos ae i ivr ewPkLO Eee s ; - re 2g

Welliet ati ct BY hac es a it’ | "3 4 <9 oY g4ace ahi a ee | ‘ fry

i |

Those eee Proms the tame he fouched thre

“thes were 4°10) LESTE e€ dd. Lh other words, w : have a

: vovage: of the mhithis, fifteen hundred pe wple arti heard

ul ip aiad we re supposed tovde a) on awhe ther”

bees were taken - out ‘of a cise, hr just is not.

Cndterial, It: is not competent evidence. Tt is ct

a“diiree in the indictment. OF the thoisands at

people who we reoou that: vessel: Ian. nan people

Kad access to the ace box, ." / ze *

MLe.. Braty Now: tliat iS aot an

idence at. all,

> Hit ny, Thteltis ‘i 8] Jrewots ile, : WY oe

Mr- Maulkner: Me o\y rmiv haw feCess te thi Mu bee

Mr. Prat: | No, the idk thot, ae

\} re antkner: You just hid The \\ itni SM tes! Lfy-

“thant thay voods wert Maite thie igo bar to feed Pete -

teeti thunmdred: people, nd Shas tnati Was ierely the

baka. ees : os ane ae |

The Court: Phat goes to the weight oF the teste

“WOny, That is fer the Jury: te determie., The:

5 ection Will be uvervuled.’ . | Bt] red

marty : . > sata : >

“~

i x

ve Io , : ida ae Nisse v and ALMoncharsh-

(Pestn iy TK af Stire Cone asso.

Me Fi cullen’: Exeeption, your Honor.

Phe Court: Read the quéstion,

(Last question read.) rs

A. Oh, about every four or-five case. so

Mr. Pratt. Q. - When you had te reject’ evs

beiause oof. their condition yeu ‘then threw them

away, put them: tn the garbage, did. tou? ie

$< fe , ae tee

Q. Ww hi ut odor, 1f any, was there that came from

ane

those eges 2?) Was there any odor ?. :

~AL Oh, yes, there was plenty odor. One egg was

enough to smell up the whole bakeshop. Phe boy

used to take it like this are ating) and carry it

out. Only: ONG ORE. 6 hee es |

aos 0. “When the eges came ‘to. your bakeshop they

came in the case, did they not A. Yes.

a Q. . W as the top. on them when the y came to you?

; x y ae

A. Yes. ; ee Fe eA A

Q. Who re move “ the top? 5 Pelee? 3 ‘

As” T did mostly. se oe Oe mT tare

(). Did vou find anything unustial | in connection

with the ton? FE360) : z

Mr. Faulkner: We object 7 to that. as eafling for

“av opinion and conclusion of the witness. 062

Mr, Pratt: Q. What condition: did “vou ‘tind

the top: in in these eases nat “vou aneavered.?

Mr. iD aul Hner: — Sanie ohije etion.

Mii’ ge ee i

The Cyirt: ‘TAT be ariel He Sj fl the top Was

- all righic ey

“if.

o-/ °

. . ; . ; a 2 ve ; wf 1% . i - a

ys ts. United States of America - | 1535

J : * ig = ea , Ad

TPesthnony of Sture Osearsson.) *

Mr. Faulkiiert: The answer is. net what fam

afraid of when, TP object, Z —o

The Court: The answer inay. vo out. :- (iF

Mr. Pratt: | think that is all. :

J Cross Rxanination

Mr. Faulkner: -Qe) Mr. Osearsson, you) have

“been at sca for thirty veats ? ' A; Vos Sir, ;

: . : . 5 * | ?

QQ." And a cook for how long?

eae | started sts eau rig ht aw: wv. oon. OO Poe oa E

Q. *: Right away? A Vem e:

a ee And you have been atitever since ? |

AY es. a os a. z aS eres

“ y ; ot 5 re : ‘ eee vs

(). How log hdve “vou been with the Matson

rt ompany 1 ? 3

A I have only bite mH two ships with the Matson

C ompany. :

Q. ‘Twe trips?

“A. No@two ships. T was one year and four’ days’

ona ship, the Waipio: pat Ss errs

a? — aT eel Tina ie

QQ. Tow long atime, Mr es ‘AYSsOn ? genes:

A. One year and four days.

BaD he SR 2 ae

rer or rot ships? am, of

AL One I Was on. eighteen months. i

GQ. You have heen with the M: itson Company

pri alts te ally 2 ”

AL Pworand a hali vears.’ [1370]

Q: . "Two and a half vears, is that right ? ’

A 4 a - ; *<

A.. Yes.

G- Alinos Three years. ‘You remember the Pith

“

< voyage of the ship Haw: Anan Shipper! 7

Ry Wee ie ae ON

‘/-

; i i a . /

& ; ae ;

1556 Nye d& Nissen and A: Moncharsh

fiivony of Stree Osenrssoi. At

QO. You were the-ehjef baker? gi. Yes. yi

QO. Plow man @nien were in vor department ?

A. liow tyany men were i tle shap ?

“Q. ~¥8s, How many men worked under your

direction! : cat % Only. ne. ‘

‘AQ; Just one?: ~.°A. Yes. |

AY. “Yau did all the baking ? , 7: a Yes. e

(). W ith your assistant: irs 3 Ps oth .

A. 1 didn't do no bread. | The: troops,did the

bread, “but all the pastry I dick.

‘Q.. As | tinderstoood ——

The Court: He was a pastry cook.

(). Were you ; the pastry cook ?

A, Yes,-b took care of the past ry. |

QQ. You were the fellow who used the eggs. for.

the’ pastry?) A. -Yes, pastry baker. *

Mr.- Faulkner: ce You merely cooked for the

office TS “anil the crew of the ship and the gun crew !

A. The officers tof. the sly, the iwo Passenger

officers, the sick in the’ hospital, ane the: gun, crew,

Pare naviinans evew. [137 1).

Q. «And altogether: Kon cooked for about 350,

“people t- coh AO, tata ae

JAL I guess it would he nboitt Be

4). Ls that vorrect? - A, Yes, the’ highest.

Qe Ani the re were Sea z9 moar a he vessel, about

show taris( peo) ile. altogethe “eS :

A. In the " hole ship? ae hee ee :

W. \ sla : | a2 ca R 3 es

a .

<< 5, United Ntates of Anes rica - 1557

(Testithions of Sture Osearsson, ) aioe

van I doyi’s. retaeniber how qiany Was hat v1 vage,

but TP think wes varied about. 270) auton the ir

(). W he did thie ooking | £

7. Oey Loop carrier, Po mest, aes.

«(). Ww tho vas the baker and-cook. for the othe:

333) Wh ae |

A. We Gall Aris civ s for the regnlity? troops,

(). Were all the ship's stores used for the cook

ing Tor the rien that vor netod ws hakery cook for

and ‘all thre see Ye ts In-this reom, tht: toveu have de

* scribed? AY didn't, understodd that.

vold storage roup or the ve Sse? Aw Ye eS, SIF

In other words, there was a chill hoon) oF

Q. You said it was a’very good one,

oA. Yes, a wae ete Abe re

~Q. Yow hati been inv it many times, had vou?

A.. Yes. ae ee eee | |

BS | was ‘half the size of this voor: arid cs

SE feet high? - JRO, were all the fowudsttfy Ais

for the feeding ofthat vessel-in that container, Ah

toned”

that chill Foam ?

Nov sir, net all. -We had four hexes-—we had’

ree niore boxes. bie Hike thi

Snearloas bre and

hem we had fw thore hoxes ap on another deck. -

Q: Now, tne all those Boxes there” Were large .

nafitities of foodstuffs, isn't that right? ae

. A. Yes; Sif. [i ata}. | RA

QQ. You-have’been in the mall, lave t vvon?

A. Ves, six.- f-

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