# Vol IV — Nye & Nissen v. United States (No. 228) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386406_0128%3A24 ## Record - **Collection:** Supreme Court brief - **Document type:** Vol IV - **Published:** January 1, 1948 ## Text 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 t \? : 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 | 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 4 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 | a ~ * 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 | eo 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. © dates. i yee . Mr.. Faulkner: | December Sth. He shipped ol on i . 1 f 4 3 : 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: 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 Qo 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: - 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. aA 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 o 7 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," s 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- a e 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 . - «@ : . * & f; At 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 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 a Mr. ‘Faulkger: > Exeeption, : Mr. Pratt: Q. >What did von find with regard. | to. these eggs? ; | . © oa A. ‘The eves were, whe no oT broke the COES ODEN. - eo 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), es 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 ‘ cS 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 x - 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 a —— — 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 S 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? . 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. © QL. Wien oar. V otage 12. ended vou had. 1 | think vou, testitiod, three cases of veges that were ~ on the shin from the Preceding Vovage. Vovage W. & 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 t : 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 2 ous, United States of America 1581 Testimony of | al Tl. Debes. } A. 4, is (*¢ nil ). wa - e . ‘Tooke ‘all th tie 4 A: “©, 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 * a 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, d. 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 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. a> Y our Debes ersn’t the \+ - Me; Vol 5 ; s ordered. . : ee 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? x @> a ey 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. 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 ooo ee easeaneee . © That’ s right. ‘ mae % 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, : Q . see STU RE OSC ARSSON, ealled as a “witnese for the Governinent ; “sworn, ise 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-. s. *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 , 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: : 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 ¥ g: 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, : Q. © 1t- had cooling coils, - | Tppose. nme it? 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! e 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. You ised abouts To thirds. of ‘them? ry rend ; : 5 Si 2. 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 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 ay “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. y f o-/ ° ue . . ; . ; 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 “ MS < 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. s. ie a 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- / --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386406_0128%3A24. Public record. Not legal advice.